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HomeMy WebLinkAboutOrdinances 23-02-527 - 02/06/2023 - Chapter 48, Article IV - Traffic Calming1 STATE OF GEORGIA ORDINANCE NO. , - O 2 -b o2 % COUNTY OF FULTON AN ORDINANCE TO AMEND THE MILTON CODE, CHAPTER 489 ARTICLE IV — TRAFFIC CALMING WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia (the "City"), by and through its governing authority, the Milton City Council (the "City Council"), has the power to adopt reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, the City Council previously adopted provisions regarding a traffic calming program, to be administered by the City's Public Works Department, which provisions are codified at Chapter 48, Article IV (the "Article") of the Milton Code (the "Code"); and WHEREAS, the City Council desires to amend the Article to update provisions therein; and WHEREAS, appropriate notice and hearing on the ordinance contained herein have been carried out according to general and local law. NOW THEREFORE, the Council of the City of Milton hereby ordains, while in a regularly called council meeting on , 2023, at 6:00 p.m., as follows: SECTION 1. The Code of Ordinances of the City of Milton, Georgia, Chapter 48 (Streets, Sidewalks, and Other Public Places), Article IV (Traffic Calming), is hereby amended as provided in Exhibit A attached hereto and incorporated herein by this reference. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective immediately. ORDAINED this the day of 6 2023. Attest: 't, City qrk P o Ison, Mayor EXHIBIT A [The following text of the Milton Code is to be amended by removing the StFiWthFeugh language and adding the red language.] MILTON CODE CHAPTER 48 — STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES ARTICLE IV. — TRAFFIC CALMING DIVISION 1. GENERALLY Sec. 48-235. Policy; introduction. (a) In order to enhance the quality of neighborhood life and the safety of the city's residents, the public works department is establishing this traffic calming program. The goals of this program are: (1) Reduction of traffic speed to a safe and appropriate limit. (2) Encourage community participation. (3) Encouragement and enhancement of multi -modal uses . (4) Limiting traffic calming to local residential streets. (5) Ensuring emergency vehicle access. ' (6) Use of effective, efficient, economical, and environmentally sound traffic calming solutions. (7) Multi -discipline input from engineers, planners, police, and fire. (b) The "applicant" is a person having the authority to act on behalf of the subdivision or study area; in the case of a mandatory Home Owners Association (HOA) the application must be filed by a member of the board authorized to act on behalf of the HOA; where an HOA is not considered mandatory the application must be made by a person authorized to act on behalf of the organization. The public works department shall review applications submitted by " " applicants for traffic calming measures in accordance with this article and the City of Milton Traffic Calming Policy and Procedures Manual as may be periodically amended. Public Works shall have the authority to approve traffic calming requests in the public right-of-way once the applicant complies with all city codes and policies. (c) It is critical to realize that the approach taken by the traffic calming program is a systematic one. While each situation may be somewhat unique, the same definitions and criteria, as outlined in this article, are applied. Also, the transportation system of the city should be considered as a whole. Solving one local problem should not cause another problem to appear somewhere else. (d) The traffic calming program is to be used only for local residential streets, as defined in section 48-237. (e) Keeping with the general guidelines and recommendations as set forth in the Manual on Uniform Traffic Control Devices and Institute of Transportation Engineers aids in the recognition and understanding of traffic control devices. Standardization of these devices will help ensure that any given traffic calming measures including the use of speed humps will be equally recognizable and require the same action on the part of the motorist regardless of where they are encountered. 1 ; .. .. . . _ .. .7n s . Sec. 48-237. Local residential street defined. The city shall only support the installation of traffic calming devices on local residential streets within the city. A local residential street must meet the following four criteria: (1) Those streets classified by the city as primarily used for direct access to property and connections to higher order systems; (2) Those streets where the adjacent land use is deemed residential in nature; (3) Those streets with posted speed limits of 25 m.p.h. or 30 m.p.h.; and (4) Those streets with an average daily traffic count of400 to less than 4,000 vehicles per day (VPD). Volumes above 4,000 VPD would be considered a major road per the MUTCD for traffic control purposes, and Yeltmes Wei* 400 1111414 m1m.,ould- not typically provide eneugh benefit to I.A.'Mmant the ' Secs. 48-238-48-256. Reserved. DIVISION 2. PROCESS Sec. 48-257. Traffic calming process. The city's traffic calming process shall be defined in the City of Milton Traffic Calming Policy and Procedures Manual. Sec 48-258. Petition approval percentage. (a) Prior to the development of conceptual plans at least 67 percent (two-third's majority) of the homeowners in the study area must vote in favor of the installation of traffic calming measures. represent their positien en sueh maaeFs, this entity may aet ia Net] 9fthe pelit:811 PF88855 aS appFON,ed by the (b) The study area shall be as defined in the Traffic Calming Policy and Procedures Manual. 1 ' Secs. 48-260-48-280. Reserved. Sec. 48-281. Neighborhood costae. (a) pay the entire rest of design, constme4ien, fRaiflieRaRGA A —Ad- AthAF related oharges abeve the -se af thp hgsep 44arrael• Construction, labor, and materials cost of the installation of the traffic calming devices will be the sole responsibility of the applicant (100 percent). This cost includes the basic device as defined by the traffic calming details provided in the Policy and Procedures Manual and any upgrades or enhancements. This cost also includes any landscaping included in the traffic calming scope. The City will not be contributing public funds towards neighborhood -initiated traffic calming requests. (c) Easement and right-of-way acquisition shall be provided by the applicant. (d) Repair and routine maintenance of all traffic calming devices, excluding landscape maintenance and design enhancements, will be the e454 applicant's responsibility. Sec. 48-282. Removal of traffic calming devices. (a) If the applicant decides that it no longer wants the previously installed traffic calming devices, the applicant must follow the same procedure to obtain 67 percent (two-third's majority) of the homeowners in the study area to vote in favor of the removal of traffic calming measures 249 for *nquk"A4en. (b) Active traffic calming devices should remain in place at least 12 months before removal. If devices are ' removed, the road and right-of-way must also be brought back to city standards. (c) Removal shall be done by a qualified contractor at no cost to the city, where the applicant assumes all related cost in the removal of traffic calming devices. (d) The city reserves the right to remove traffic calming devices for any reason. Upon approval of the city manager, the public works director may order the applicant to remove a traffic calming measure in accordance with subsection (c). Sec. 48-283. Permit required. Any work completed by the applicant within the right-of-way shall require a right-of-way encroachment permit as directed by the public works department. Sec. 48-284. Appeals. Appeals to the city council may be taken by any person aggrieved by any decision of any City of Milton staff member in the administration or interpretation of this article. Appeals of such administrative decisions shall be made in writing to the city clerk within 30 days of the date of the decision, interpretation or action being challenged. Any appeal submitted later than 30 days shall not be considered timely and will not be considered. Secs. 48-285-48-360. Reserved.