§ 78-105. Petition for installing traffic calming devices.

(a)

[ Petition. ] Where engineering studies indicate that installing traffic calming devices on county-maintained neighborhood roads would correct or improve a traffic situation, and their installation is favored by a majority of property owners in the area, a petition must be submitted to the transportation division of the county for review. All of the property owners in the subdivision should be contacted and given an opportunity to sign this petition, indicating their "yes" or "no" concerning the installation of the traffic calming device. Unless property is undergoing change of ownership, a spouse's signature will not be acceptable if he/she is not the legal owner. If both husband and wife are joint legal owners, both signatures are required. A "Mr. and Mrs." signature is not is not acceptable. All owners must sign individually, including owners of undeveloped lots. Renting tenants are not an acceptable substitute for the legal homeowner. The purpose of the homeowner's association officer attesting to the signatures is to verify the signatures of the property owners. The percentages will be calculated, based on individual lots where owners sign affirmatively, divided by the total number of lots in the plotted subdivision, units, or "defined service area." Each lot counts as only one lot regardless of owners signing. At least 75 percent of the homeowners in the neighborhood and 90 percent of the homeowners along the affected roadway must vote in favor of installing the traffic calming device, before the petition can be presented to the board of commissioners.

The completed petition must be signed, notarized and the returned to the transportation division, where it will be checked by tax records and land lot maps to insure that it meets all requirements. It will be returned to the sender if it does not meet the requirements. Petitions that do meet the requirements will be presented to the commissioners at their regular Wednesday meeting. A public hearing will be announced at that time for each petition. At the public hearing, the petition will be approved or disapproved by the board of commissioners.

(b)

Installation funded by the neighborhood. The installation of the traffic calming devices by a private contractor will not be considered final until personnel of the department of public works inspect them for compliance with design standards. Charges associated with the installation of these devices are handled by the homeowners association at the time of installation. All installation cost will be funded by the subdivision with the county acting in the role of project administrator. The county will assist the neighborhood in securing a private contract for the construction of speed humps. It is the responsibility of the neighborhood association or the contractor to file for a land disturbance permit with the county development services department. County personnel will inspect and approve the construction of said devices to insure that they meet the design criteria outlined in this document.

Annualized charges for the maintenance and repair of traffic calming devices are assessed to the neighborhood association through a private agreement with the county at the end of the year. It is the responsibility of the neighborhood association to assess fees to members as determined by the association. The neighborhood association may enter into a private agreement with county for the private maintenance of the traffic calming at such that a yearly maintenance fee will not be collected by the county but the association will be required to maintain these devices to county standards within a reasonable time period as determined by the county.

(c)

Installation funded by the county. The county will be responsible for all cost associated with the installation at traffic calming devices. Material and repair cost will also be assumed by the county.

(Ord. No. 98-1103, § 3.0, 9-2-98)