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HomeMy WebLinkAboutAdmin Order 58-94-09-F ADMINISTRATIVE ORDER NO. 58-94-09-F of the City Manager of the City of Eugene Tramc Diverter Procedure Administrative Rule R-5.040TD Pursuant to the authority of Section 2.019 of the Eugene Code, 1971, Proposed Traffic Diverter Procedure Administrative Rule R-5.040TD, adopted by me on April 29, 1994 by Administrative Order No. 58-94-09, is hereby adopted as a permanent rule, to provide: TRAFFIC DIVERTER PROCEDURE ADMINISTRATIVE RULE R-5.040TD R-5.040TD-A DEFINmONS. In addition to applicable definitions set forth in the Eugene Code, 1971, as used . herein, the following mean: Local street. A street that is classified as a local street and that does not function as, a major arterial, minor arterial, or collector street. Traffic diverter. Any physical barrier that, when installed, prohibits a traffic movement that would otherwise be allowed on a given street. R-S.040TD-B POLICY. These procedures are established for the purpose of providing a process that ensures appropriate public involvement and notice when considering the installation or removal of traffic diverters. Proposals to install or remove traffic diverters on local streets may be initiated by private citizens or City staff in order to improve the living environment along such local streets that are adversely affected by traffic conditions. The installation or removal of traffic diverters on travelways other than local streets, including arterial or collector streets, alleys, and bicycle facilities may be initiated by City staff in the manner hereinafter set forth. This policy and these procedures are intended to apply to the installation or removal of permanent traffic diverters only, and specifically do not include the installation or removal of traffic signs or signals, or the temporary erection of signs or barriers in conjunction with street and utility repair work or other short-term street uses, which are regulated by other Administrative Order - 1 provisions of the Eugene Code, 1971. R-5.040TD-C APPLICATION. 1. Citizen-initiated. Any person, neighborhood association, or other group or association may initiate a request for installation or removal of a traffic diverter by completing and filing with the Traffic Engineer, on forms available from the Traffic Engineer, an application therefor. 1.1 Preliminary review. Upon receipt of an application for installation of a traffic diverter, the Traffic Engineer shall cause a preliminary analysis to be conducted to determine that: 1.1.1 The request concerns traffic on a local residential street; 1.1.2 Collector or arterial streets exist that the diverted traffic could use. 1.2 Priority. The Traffic Engineer may consult with neighborhood organizations to prioritize projects that are in compliance with subsection 1.1 of this section. If an application is identified as having a high priority, residents of the affected area shall be requested to identify a contact person or committee to work with City staff in processing the remaining elements of the study. 1.3 Study area. The Traffic Engineer shall determine the boundary of the study area, which shall include at a minimum: 1.3.1 Property along all local residential streets which may be affected by the diverted traffic; and 1.3.2 Property along the bordering collector or arterial streets located within two blocks of the local street in question, or such other proximity as the Traffic Engineer deems appropriate to include. 1.4 'Evaluation. City staff, in cooperation with the contact person or committee appointed pursuant to 1.2 of this section, shall conduct an evaluation of the affected street( s) and study area. The evaluation shall include, but not be limited to, consideration of the following: 1.4.1 Average daily traffic volumes; 1.4.2 Traffic speed; 1.4.3 Street geometries; Administrative Order - 2 1.4.4 Percentage of through traffic; 1.4.5 Presence of certain characteristics such as bike routes, bus routes, postal deliveries, service deliveries, emergency vehicle access, pedestrian access, or access to private property. 1.5 Preliminary report. Upon completion of the evaluation, City staff shall prepare and submit to the Traffic Engineer a preliminary report that includes, at a minimum, a recommendation to proceed with the diverter system or to evaluate other alternative solutions, based on the evaluation criteria of subsection 1.4 of this section. 1.6 Action on recommendation. Upon receipt of the staff recommendation, the Traffic Engineer shall determine whether to proceed with the diverter system or to evaluate other alternative solutions. A determination to evaluate other alternative solutions shall be processed in the same manner as an original application for installation of a traffic diverter. Upon a determination to proceed with installation of a diverter system, the Traffic Engineer shall direct the City staff, in consultation with the contact person or committee designated pursuant to 1.2 of this section, to design the diverter system. 1.7 System design. The diverter system shall be designed so as to meet the needs prompting the request for installation of a diverter, shall be reviewed by and approved by the City's Department of Public Safety, and shall not: 1.7.1 Significantly shift traffic to other local streets; 1.7.2 Cause significant out-of-direction travel; 1. 7.3 Compromise the intent of the state-wide Transportation Planning Rule; 1. 7.4 Contribute to existing or create new air quality problems; 1.7.5 Impede bus or bicycle travel on established routes; 1. 7.6 Impede pedestrian movement; 1.7.7 Impede maintenance activities; 1. 7.8 Prevent access to utility facilities; or 1.7.9 Impede emergency responses. 1.8 Public hearing on system design. Upon completion of the diverter system design, the Traffic Engineer shall schedule a public hearing to describe the proposed system and elicit public comment thereon. At least fifteen days prior to the Administrative Order - 3 hearing the Traffic Engineer shall cause notice thereof to be provided to the contact person or committee appointed pursuant to subsection 1.2 of this section, residents within the study area, and other persons who have requested notice. 1.9 Survey. At the time notice is given under subsection 1.8 of this section, or at the public hearing, the Traffic Engineer shall cause a survey to be made of the owners and residents of property within the study area to determine their acceptance or rejection of the proposed diverter system design. If a simple majority of those responding to the survey support the proposed system design, the Traffic Engineer may consider that the proposed system has the approval of the affected owners and residents. 1.10 Decision. The Traffic Engineer shall review the staff report, results of the survey, and testimony or other submissions at the public hearing, and by Administrative Order render a decision to approve, modify, or deny the proposed diverter system. 2. City-initiated. A proposal by the Traffic Engineer to initiate the development or removal of a traffic diverter system shall be processed in accordance with subsections 1.3 through 1.10 above. R-5.040TD-D NOTICE. In addition to any specific notice requirements provided for herein, the City shall notify study area property owners and residents of the results of the preliminary report, the public meeting, the owner/resident survey, and the Traffic Engineer's decision. R-5.040TD-E MODIFICATION OR REMOVAL OF DIVERTER SYSTEM. At any time after installation of a diverter system, or upon receipt of an application for removal or modification of a diverter system, the Traffic Engineer may cause a study to be made to evaluate its effectiveness. If the staff submits a report recommending the modification or removal of a diverter system, a public hearing shall be held thereon in the manner provided in R-5.040TD-C-1.8. The Traffic Engineer shall thereafter, by administrative order, direct the modification or removal of the system upon finding the system as designed no longer meets the criteria for initial approval. If the Traffic Engineer's decision is in response to a citizen-initiated request, the order shall indicate whether the request is granted or denied, and the reason(s) therefor. R-S.040TD-F APPEAL. Any person aggrieved by a decision of the Traffic Engineer approving or denying a recommendation for installation of a traffic diverter system, or a decision directing the Administrative Order - 4 modification or removal of an existing traffic diverter system, may appeal the decision in the manner set forth in Section 5.045 of the Eugene Code, 1971. The appeal shall be filed with the Traffic Engineer within 30 days from the date of the decision being appealed, and shall be accompanied by any required fee. This rule is adopted after giving public notice that I intended to adopt the Proposed Traffic Diverter Procedures Administrative Rule R-5.04OTD as a permanent rule by publication of notice thereof in the Register Guard, a newspaper of general circulation within the City on May 7, 8, 9, 10, and 11, 1994, and providing interested persons an opportunity of not less than 15 days to submit data or comments thereon. Copies were made available for inspection by interested persons at the office of the City Traffic Engineer, 858 Pearl Street, Eugene, Oregon 97401 during normal business hours (8:00 a.m. to 5:00 p.m., exclusive of holidays). The notice provided that interested persons could submit comments thereon for a period of 15 days from the first date of publication. No valid comments or objections were received within the time and in the manner prescribed in the notice, and Traffic Diverter Procedure Administrative Rule R-5.040 as contained herein is adopted. Dated and etTective this L day of June, 1994. ~ 7 / Administrative Order - 5