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The purpose of this chapter is to promote the public health, safety, comfort, convenience, and general welfare for walking, bicycling, and public transportation and to encourage increased use of these modes of transportation, enable convenient travel as part of daily activities, improve the public welfare by addressing a wide array of health and environmental problems, and meet the needs of all inhabitants of the city of the streets, including children, older adults, and people with disabilities; to provide for the orderly growth and harmonious development of the city consistent with the comprehensive development plan and the zoning ordinance; to secure adequate traffic circulation to the streets and highways; to insure adequate provisions for water, drainage, sanitary sewer facilities, and other health requirements; to achieve the maximum utility and livability on individual lots; and to provide logical procedures for the achievement of these purposes.
(Ord. 607, passed 9-10-2012)
For the purposes of this subchapter, the following terms, phrases, words, and their derivations shall have the meaning given herein, and are based on language in Michigan Public Act 134 of 2010 and Public Act 135 of 2010:
COMPLETE STREETS INFRASTRUCTURE. Design features that contribute to a safe, convenient, or comfortable travel experience for users, including but not limited to features such as:
sidewalks; shared use paths; bicycle lanes; automobile lanes; paved shoulders; street trees and landscaping; planting strips; curbs; accessible curb ramps; bulb outs; crosswalks; refuge islands; pedestrian and traffic signals, signage; street furniture; bicycle parking facilities; public transportation stops and facilities; transit priority signalization; traffic calming devices.
STREET PROJECT. The construction, reconstruction, retrofit, or alteration, and includes the planning, design, approval, and implementation processes, except that STREET PROJECT does not include maintenance such as cleaning, sweeping, mowing, spot repair, or interim measures on detour routes.
USERS. Individuals that use streets, including pedestrians, bicyclists, motor vehicle drivers, public transportation riders and drivers, and people of all ages and abilities, including children, youth, families, older adults, and individuals with disabilities.
(Ord. 607, passed 9-10-2012)
(A) The City Manager or his or her designee shall make complete streets practices a part of everyday operations, shall approach every transportation project and program as an opportunity to improve public and private streets and the transportation network for all users, and shall work in coordination with other departments, agencies, and jurisdictions to achieve complete streets.
(B) Every street project on public or private streets shall be designed to incorporate complete streets infrastructure sufficient to enable reasonably safe travel along and across the right-of-way for all categories of users; provided, however, that such infrastructure may be excluded, upon written approval by the City Manager, where documentation and data indicate that:
(1) Use by non-motorized users is prohibited by law;
(2) The cost would be excessively disproportionate to the need or probable future use over the long term;
(3) There is an absence of current or future need;
(4) Inclusion of such infrastructure would be unreasonable or inappropriate in light of the scope of the project; or
(5) Safety considerations preclude the utilization of the complete streets design criteria.
(C) To the extent practical and feasible, the city shall incorporate complete streets infrastructure into existing public and private streets to improve the safety and convenience of users, construct and enhance the transportation network for each category of users, and do so through engaging partners such as Bingham Township, St. Johns Public Schools, other community groups, public safety departments, the Clinton County Road Commission, and the Tri-County Regional Planning Commission.
(D) If the safety and convenience of users can be improved within the scope of pavement resurfacing, re-striping, or signalization operations on public or private streets, such projects shall implement complete streets infrastructure where feasible to increase safety for users.
(E) The City Manager or his or her designee shall review all proposed revisions to all appropriate land use plans, zoning and subdivision codes, laws, procedures, rules, regulations, guidelines, programs, templates, and design manuals, including the comprehensive plan of the city, Safe Routes to School Programs, and the like, and recommend measures to integrate, accommodate, and balance the needs of all users in all street projects on public and private streets.
(F) In design guidelines, the design engineer shall develop and review standards to incorporate complete streets infrastructure, such as bicycle lanes, sidewalks, street crossings, and planting strips.
(Ord. 607, passed 9-10-2012)
(A) The City Manager or his or her designee shall collect data measuring how well the streets of the city are serving each category of users.
(B) The City Manager or his or her designee shall put into place performance standards with measurable benchmarks reflecting the ability of users to travel in safety and comfort, i.e., a lighting study.
(C) The City Manager or his or her designee shall establish procedures to allow public participation in policy decisions and transparency in individual determinations concerning the design and use of streets.
(D) The City Manager may recommend additional regulations pertaining to complete streets and is hereby authorized to issue, subject to approval of the City Commission, all rules and regulations consistent with this chapter.
(E) All initial planning and design studies, health impact assessments, environmental reviews, and other project reviews for projects requiring funding or approval by the city shall:
(1) Evaluate the effect of the proposed project on safe travel by all users; and
(2) Identify measures to mitigate any adverse impacts on such travel that are identified.
(F) An assessment will be presented by the City Manager or his or her designee to the City Commission within a year of the date of passage of this subchapter regarding the following:
(1) The steps taken to implement this subchapter;
(2) Additional steps planned; and
(3) Any recommended actions which may be taken by the City Commission or other agencies or departments to implement the steps taken or planned.
(Ord. 607, passed 9-10-2012)
STREET REQUIREMENTS AND REGULATIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT. The Department of Public Works of the city.
DIRECTOR. The City Director of Public Works, or his duly authorized assistant or deputy.
STREET. All of the land lying between property lines on either side of all streets, alleys and boulevards in the city and includes lawn extensions and sidewalks and the area reserved therefor where the same are not yet constructed.
(1990 Code, § 4.1)
It shall be unlawful for any person, firm or corporation to tunnel under or to make any excavations in any street, alley, or other public place in the city without having obtained a permit as is herein required or without complying with the provisions of this subchapter or in violation of or variance from the terms and conditions of any such permit. The permit shall be obtained by the person, firm or corporation intending to tunnel under or to make any excavation or cut in any street, alley, right-of-way or sidewalk at least 24 hours in advance of the work to be performed.
(1990 Code, § 4.2) Penalty, see § 10.99
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