Ill. Admin. Code tit. 92 § 550.30

Current through Register Vol. 48, No. 45, November 8, 2024

Section 550.30 - General Requirements

a) Conditions and Limitations of Permits

1) Construction of Driveways.

A) All work performed on a State highway under the terms of a Highway Permit (Form BT 1045) is subject to the conditions on the permit itself and all accompanying plans, drawings, sketches, or other attachments. The Highway Permit form is illustrated in Appendix A. The permittee or his contractor shall have a copy of the permit available at the site during construction.

B) A single permit can be issued both for driveway work and other work at the same location, such as backslope grading, etc., provided the work is all to be done by the same person or contractor.

C) During the period of time the access driveway is being constructed, care must be taken to insure the protection of workmen and traffic. The work should be accomplished in a manner that will minimize interference with normal highway operations. The third condition on the back of the Highway Permit form specifies when the work may be done. All warning signs shall be in compliance with the Illinois Manual on Uniform Traffic Control Devices (to be codified as 92 Ill. Adm. Code 546). That manual also contains a series of traffic control standards, copies of which may be attached to the permit, indicating to the permittee the manner in which he must protect and control traffic during construction operations. Special care must be taken during the construction of driveways and development of the property to avoid tracking mud or other material onto the highway.

2) Maintenance of Driveways. Property owners having access to a State highway are fully responsible for the maintenance of their driveway. This maintenance responsibility includes the removal of snow and ice and keeping the portion of the driveway within the highway right-of-way in a safe condition for the general public. Where the owner of a commercial or industrial property is required to construct turning lanes on the State highway, the Department may in the interest of public convenience provide maintenance and remove snow and ice on the portions of those lanes constituting an integral part of the highway. Once a culvert is properly installed under a permit, it becomes public property in accordance with Article 9-105 of the Illinois Highway Code and will henceforth be maintained by the Department.

3) Future Additional Driveways. In preparing a permit for driveways to a large property that is to be developed commercially or subdivided, it may be necessary to assure that the driveway arrangement will not subsequently be altered, as parcels of the original property may be sold to other owners. To accomplish this, a document, illustrated in Appendix D, may be executed and filed in the county recorder's office. Access to any individual parcels subsequently established will need to be by means of internal circulation, and the integrity of the driveway layout along the State highway will be maintained.

4) Temporary Driveways. Permits may be issued for the construction and operation of driveways for a specific period of time. Such permits will clearly indicate that the driveways are temporary and are to be removed by the holder of the permit at the end of the specified time period. A bond will be required to assure the proper removal of the driveways and restoration of the highway right-of-way.

5) Driveways along Freeways.

A) The designation of an existing highway as a freeway in accordance with Article 8 of the Illinois Highway Code has, in the past, brought about special problems in connection with the issuance of driveway permits subsequent to the date of the freeway order. This is particularly true where the physical conversion of the highway is delayed for some period of time after the designation order.

B) When a permit request is received for a driveway to an existing highway that has been declared a freeway, the Department will take one of the following courses of action.

i) The Regional/District Office may elect to acquire access rights to the property for which the driveway permit has been requested, consistent with the eventual plans for converting the highway to a complete or partial access-controlled facility.

ii) The Regional/District Office may initiate action to have the Freeway Order revised or rescinded in such a manner that the requested driveway is no longer to a designated freeway. This will normally be done when an Interstate or supplemental freeway has been constructed parallel to an existing highway previously designated. A standard driveway permit may then be issued in accordance with the provisions of this policy.

iii) The Regional/District Office may not be in position to acquire access rights or wish to revise the Freeway Order. In that case, a normal permit will be issued even though such driveway may subsequently need to be eliminated (by purchasing the property's access rights) or revised to come onto a frontage road or service drive.

C) At those locations where there is an existing State-maintained frontage road, the same policies relating to location and construction shall govern the issuance of permits for access to the frontage road as outlined for other access to State highways.

D) Where no frontage road has been constructed, no part of a driveway entering a crossroad or street that intersects the freeway at grade shall be closer to the near edge of the through-traffic lane of the freeway than 100 feet for noncommercial driveways or 200 feet for commercial driveways. These minimum distances shall be measured at right angles to the highway pavement.

E) Where access rights have been acquired, driveway permits cannot generally be issued. Under certain circumstances, permits can be granted for new roads or streets that will become dedicated public roads or streets. Requests for revisions in access control after the construction of a freeway has been completed should be submitted to the Bureau of Traffic, together with adequate information to review the request. The information will be forwarded to the Federal Highway Administration for their approval of a change in the Access Control Plan. Permits for such connections will be transmitted by the Bureau of the Traffic to the Director of the Division of Highways for execution.

F) Requests for such connections must meet the following conditions.

i) Permit applications must be presented by and issued in the name of the local public agency that is to be responsible for the maintenance of the facility upon its construction.

ii) Evidence should be presented that the proposed public road will become an integral part of an existing or definitely planned public road system, rather than merely becoming a provision for internal circulation within a particular piece of property.

G) Connections will be subject to the spacing restrictions established for median crossovers, as outlined in Section 3-110.06 of the Department's Design Manual. Where the connection is to a highway with an existing median, it should be at an existing or preplanned opening.

b) Site Requirements

1) To properly review a permit request, the Department must be provided a plan, drawing, or sketch of the property or site that is served by the driveway. This may vary from a simple sketch in the case of a residential driveway to a site plan and a survey plat for a high-volume traffic generating commercial development. The Regional/District Office handling the permit may specify the extent and detail of the information needed.

2) In general, the plans for commercial driveways should provide the following information.

A) Existing Conditions: Width of pavement and right-of-way; storm drainage layout (the layout should be extended outside the site area in order to show the relationship of the proposed work to the existing drainage facilities); existing curb, sidewalk, shoulders, and ditches; location of utility poles, street lights, traffic signals, hydrants, and trees; location of underground mains and cables; right-of-way and property lines.

B) Proposed Work: Geometrics of driveways, street returns, pavement widening and parking layouts; profile of driveway grades; lateral and longitudinal location of proposed mains and sewers; detailed internal site plan showing parking, buildings, and drainage; material specifications, such as size, thickness, diameter, weight, gauge, type, class, etc., of proposed work.

3) In some cases, Department personnel may need to meet with representatives of the developer to discuss the internal development of the property and the relationship of the development to the highway facility, as well as the layout and details of the entrances themselves. Most commercial driveway design elements are directly related to the layout of the parking area, amount of vehicle reservoir space (for drive-in service facilities), type of loading facilities, circulation pattern, and the size and placement of the buildings within the site.

4) Perhaps the single most important factor in developing an access plan for a commercial site is a determination of the potential traffic generation. Driveways serving commercial, industrial, and high density residential developments represent an important element in the efficiency and safety of the street or highway onto which their traffic enters and exits. In order to properly handle traffic from such entrances, the anticipated traffic volumes must be determined and may be required to be submitted to the Department for review, along with the other documents comprising the permit request. The Institute of Traffic Engineer's "Guidelines for Driveway Design and Location" listed in the bibliography contains a section on traffic generation and includes a table of traffic generation rates.

5) With anticipated traffic volumes available, other critical factors may be analyzed, such as the number of entrances, the size of the parking area, the length of storage lanes for traffic entering and leaving the development, and the internal traffic circulation pattern.

6) As a general rule, a ratio of 5.5 parking spaces per 1,000 square feet of gross leasable area is recommended. The parking area of a commercial development must be controlled to reduce interference with traffic using the driveways. A sufficient length of curb must be extended along driveways into larger lots to prohibit interference between vehicles circulating within the lot and those leaving or entering the highway. The length of this section will be determined from the largest storage required for the anticipated vehicular volumes. A center median in the access roadway may be required to preserve this storage length.

7) If a commercial development includes office spaces, the exit facility should be designed to accommodate this addition to the peak hour flow. Internal circulation for subdivisions shall be directed to one or more central common entrances, depending upon the volumes. These entrances shall be designed in accordance with the current requirements for intersection design. Direct access from single lots of a new subdivision to a State highway will not be allowed. The access agreement described in Section 550.30(a)(3) (illustrated in Appendix D) may be used to assure future compliance with this requirement.

8) The location of driveways, particularly commercial ones, is a critical factor in minimizing the hazard and disruption to traffic and pedestrians. Sites must be developed to permit driveways to be well located. The various requirements for proper location are covered in Section 550.50(a).

9) Adequate storage must be provided on commercial sites so that vehicles do not wait on the highway. This problem is most evident with drive-in service developments that generate high volumes and require drivers to remain in their vehicles while being served or until service begins. Such operations must be carefully analyzed to assure the proposal provides for proper storage. The layout of a site used as a car wash, drive-in bank or theater, etc., must provide that all waiting vehicles are off the right-of-way.

10) Adequate storage space is a function of the demand volume, service time per facility, and the number of service facilities available. The geometrics of the internal circulation control a portion of the service time. The service time is dependent upon the time required to maneuver into position and the time necessary to obtain the service. The radii of internal curves should be as large as possible. An approach lane width of 11 to 12 feet and traffic patterns as straight as possible should be provided in advance of each area. The lane widths may be reduced to 8.5 to 9 feet at the point of service. The positioning of the service facilities so that maneuvers to the exit driveway are reduced will maximize the use of storage area.

11) For drive-in theaters, a storage area between the ticket booths and the highway shoulders should be provided for an equivalent of 10 percent of the rated vehicle capacity of the theater. This storage area should be determined on a basis of 150 square feet per vehicle.

12) Studies have indicated the space requirements for storage at drive-in banks should be based on serving an average of 40 vehicles per hour per window. Automatic car washes having a multibay design generally require storage reservoirs of 50 feet or greater in length for each bay. For single-lane drive-through car washes, storage to accommodate a minimum of 12 cars should be provided. These minimum requirements are provided for general guidance only, and specific storage areas must be determined on an individual basis.

13) Applicants for permits to drive-in service developments will be required to furnish the following data, in addition to other necessary information.

A) Traffic flow pattern for the facility and, if included, of the service station operation.

B) The total number of off-street storage spaces for the operation.

C) Information regarding the type of equipment, including the expected hourly output.

D) The number of service operations anticipated during peak periods.

E) The hours and days of operation.

14) The site must be developed in such a manner that there are no encroachments of commercial activities or of the parking lot onto the highway right-of-way. Signs cannot be placed on or overhang the right-of-way.

15) The site of a service station shall be laid out to provide that the minimum distance from the right-of-way line to the near edge of the pump island shall be 13 feet at the closest point. A greater distance is recommended to permit freer movement of large vehicles and to insure they are entirely off the street or highway right-of-way while being serviced, as required by Article 9-113.1 of the Illinois Highway Code.

16) Commercial sites must be laid out to create the minimum amount of hazard to passing traffic. As an example, the position of the screen of a drive-in theater should be such that the picture is not visible from the highway.

17) Junk yards or scrap-processing facilities must be properly screened or fenced before an access permit will be issued for a property with such an operation. Land fill operations and similar activities must be conducted in such a manner as to avoid tracking or spilling material on the highway.

18) Where property is being developed by an owner on both sides of a State highway, consideration must be given to pedestrian crossings. A pedestrian overpass may be necessary if the volume of crossing is such that it impedes the flow of vehicular traffic. Such a facility may be erected at the property owner's expense under the terms of a permit issued by the Department.

c) Local Regulations

1) Permit requests should be reviewed for conformance to existing land use and zoning plans. The local planning and zoning agencies will normally be provided an opportunity to comment on commercial driveway applications. The applicant, however, is responsible for insuring compliance with local building codes, setback requirements, minimum lot sizes, density of building, provision for adequate parking, and other ordinances and regulations. Permits will not be granted for entrances if local planning and zoning agencies indicate that the development does not conform to their land use and zoning plans.

2) Permits issued by the Department cover the construction of driveways on the right-of-way and do not release the applicant from compliance with regulations of local authorities. The requirements of the planning and zoning boards and local ordinances are not altered by the issuance of a permit by the Department, and the applicant is not relieved from obtaining the required local approvals and permits.

d) Bonds

1) To protect the Department against the cost of completing construction or correcting deficiencies, a bond in an amount and for a period specified by the Department shall be executed and become a part of a permit issued for access facilities serving a commercial property. Under certain conditions, a bond may also be required for access facilities to be used for other purposes. Either an individual bond for a specific permit or a blanket bond covering all permits issued to a person or firm throughout the State may be used. The bonds may be obtained from any surety company licensed in Illinois.

2) Form BT 1046, Individual Highway Permit Bond, which is illustrated in Appendix B, will be used for individual bonds. The amount of the bond is dependent upon the amount of work to be done within the highway right-of-way. Such bonds will generally be kept in effect a minimum period of five years. They will be executed in the Regional/District Offices, and those offices will determine the amount and duration of the bond after reviewing the plans.

3) The Blanket Bond for Highway Access Permits form, illustrated in Appendix C, will be used for blanket bonds. They will be in an amount determined by the Department based on the number of permits anticipated to be issued annually to the applicant. The minimum amount will be $10,000, and the maximum will normally not exceed $50,000. They will be kept in effect permanently and the amount raised if the volume of permits issued increases sufficiently above the anticipated number. A rider form will be provided upon request which, when executed, will cancel individual bonds issued previous to the approval of the blanket bond. The issuance of blanket bonds for driveway permits will be handled in the Bureau of Traffic Central Office in Springfield.

e) Agreements

1) In cases where a driveway or other related work is to be done by the State's contractor, at the owner's expense (normally in conjunction with an improvement along the State highway), where there is to be some financial participation by the State in the work to be done, or where the amount of work to be done on the State highway is extensive, a formal agreement between the applicant and the Department will be necessary. The agreements will include the following information.

A) The location description of the work to be done.

B) Who will make the surveys and prepare plans (usually the State at the developer's expense; however, where the property owner wishes to expedite plan preparation, plans and specifications prepared by a consulting engineer and approved by the Department may be considered satisfactory).

C) Who will furnish the construction engineering (usually the State at the developer's expense).

D) How the construction costs will be paid and the amount (usually by the State with reimbursement by the developer in the form of a certified check).

E) Who will maintain the facilities.

F) A clause that no advertising signs or other encroachments will be permitted on the right-of-way.

G) Details pertaining to any dedication or purchase of right-of-way.

2) Major commercial developments often involve a variety of special access requirements, and each agreement must therefore be individually developed and tailored to fit the particular situation. The Regional/District Office will draft the agreement after discussing the details with the developer. The draft, together with appropriate plans and other pertinent information, will be forwarded to the Engineer of Traffic in Springfield. The draft and plans will be reviewed by various Central Bureaus and returned to the Regional/District Office with their comments. The agreement may then be finalized, executed by the developer, and forwarded again to the Engineer of Traffic for execution by the Department. The proposed work may then be scheduled on a Department letting.

3) Construction inspection for contracts let by the Department will normally be accomplished under the control of Regional/District Construction personnel. Costs of construction engineering are the responsibility of the applicant, and this engineering can be done, at the discretion of the Regional/District Engineer, by a consultant who works under the supervision of a Resident Engineer assigned by the Department.

4) Highway permits may be issued by the Regional/District Engineer in cases where there will also be an agreement, in order to provide a record of the driveways constructed under the agreement. However, if all work done within the right-of-way is performed under a contract let by the Department, the normal requirement for a permit may, at the discretion of the Regional/District Engineer, be suspended.

Ill. Admin. Code tit. 92, § 550.30