§ 74.09 TRAFFIC CALMING DEVICES.
   (A)   General
      (1)   The purpose of this section is to provide guidelines for the application of traffic calming devices, which are to regulate speeds along a residential street. Research has shown that traffic calming devices are an effective and appropriate tool for safely reducing vehicle speeds on certain types of streets when installed in accordance with the provisions of this section. In order to accommodate all who travel the roadway, this provisional section will outline the procedures and criteria for the installation of safe and effective traffic calming devices.
      (2)   In order for traffic calming devices to be effective, they should be located selectively in accordance with the defined purpose of reducing documented speeding problems. As in the case with all traffic-related devices, proper installation will also minimize driver frustration and encourage safe driving practices. This process also allows residents affected by proposed traffic calming devices to participate and provide input in the installation process. The framework also provides for a sharing of the traffic calming device installation cost between the city and the petitioning parties under certain conditions.
   (B)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning,
      APPLICATION FOR TRAFFIC CALMING DEVICES. The petition and requisite documents requested by the city.
      OFFICIAL ACCIDENT REPORT. A police filed report of an accident due to speeding.
      RESIDENT. When used in cost sharing, does not necessarily refer to the petitioners. It is the share of the cost that is not the responsibility of the city and could be paid by one or more of the residents or from other private sources. Residents may be able to expedite traffic calming device installation by voluntarily paying the full installation cost.
      RESIDENTIAL DWELLINGS. Single-family houses, town homes, duplexes, and mobile homes.
      ROAD HUMPS. Artificial hump(s) in or on the surface of the roadway which is designed to control the speed of vehicles. References to a ROAD HUMP include references to any other works (including signs or lighting) required in connection with such a hump.
      SPEED CRITERIA. The speed five mph, or more, over the legal speed limit.
      SPEED CUSHION. A speed hump with an unraised path for fire trucks and ambulances through the hump. Speed cushions are devices designed as several small speed humps installed across the width of the road with spaces between them. They are generally installed in a series across a roadway resembling a split speed hump.
      SPEED HUMP. A geometric design feature of a roadway, consisting of a raised area in the roadway pavement surface extending transversely across the travel way, whose primary purpose is to reduce the speed of vehicles traveling along that roadway.
      SPEEDS. Eighty-fifth percentile speeds, i.e., the speed at or below which 85% of vehicles are traveling.
      STREET. The street that must be petitioned. It is a 1,100 foot segment generally centered on the location of the speed cushions or the length of the block, whichever is greater. If the 1,100 foot segment extends into any part of an adjacent block, it includes the entire length of the adjacent block, unless separated by an intervening thoroughfare or offset intersection. No traffic signals or stop signs should be located within the 1,100 foot segment to be considered for traffic calming device installation. Installation of a traffic calming device will not be considered within 300 feet of a traffic signal.
      TRAFFIC CALMING DEVICES. Includes, but not limited to the size, type, and composition of any traffic calming device speed bump(s), road hump(s), hump(s), cushion(s), table(s). This section shall be applied retroactively, and all previously installed traffic calming devices, as defined above, including, but not limited to, speed bump(s), hump(s), cushion(s), table(s) must also be approved.
   (C)   Eligibility requirements. All of the following criteria must be satisfied for a street to be considered eligible for traffic calming device installation. The city reserves the right to change any or all of the criteria if deemed necessary.
      (1)   Petition. A petition from the residents that documents that at least 75% of all households or a majority vote of a property owner’s/homeowner’s association, abutting to the project street, support their installation of one or more traffic calming device.
      (2)   Location of the street. The land uses of the properties abutting the street where the traffic calming device is proposed must primarily be residential dwellings.
      (3)   Operational characteristics of the street.
         (a)   Traffic calming devices should only be installed on those roadways functionally classified as “local” streets. These streets generally permit direct access to abutting lands, connect to higher classification streets, offer the lowest level of traffic mobility and deliberately discourage service to through traffic movement. These “local” streets should be residential in nature.
         (b)   There must be no more than one moving lane of traffic in each direction.
         (c)   The street must have a posted or prima facie speed limit of 30 mph or less as determined in accordance with state law.
         (d)   Traffic calming devices shall not be installed without the prior approval from the Volunteer Fire and Police Departments, respectively.
      (4)   Geometric characteristics of the street.
         (a)   The street must have adequate sight distances to safely accommodate the traffic calming device as determined by the Maintenance Department.
         (b)   The street must not have curves or grades that prevent safe placement of the traffic calming device and where the visibility of the traffic calming device is restricted.
         (c)   The street must be paved.
   (D)   Cost responsibility. The cost for the traffic calming device installation includes materials for said humps, signs, pavement markings, and if necessary, special design features such as bollards, curbing, or guardrails. The costs can be shared between the city and residents. The city may spend up to $2,500 in related expenses. All expenses above this threshold shall be on a cost-share basis with the petitioning party, for all expenses above $2,500. Streets that request city funding are ranked according to City Council’s determination on an annual basis. If the city’s available funds for this program are not sufficient to install a traffic calming device on the street during the fiscal year it is brought to City Council, it will remain eligible for the following fiscal year.
   (E)   Project prioritization. Traffic calming devices are prioritized on a city-wide first-come, first-need basis. This ensures proper allocation of the city’s resources. The projects will be ranked according to the criteria developed by City Council and administration. The project prioritization is subject to revision.
   (F)   Procedures for traffic calming device installation.
      (1)   The initial request for the installation of traffic calming devices must originate from the residents living on the street or from a City Council member through City Council action. A request in writing from a resident or representative must be forwarded to the following address:
         Ordinance 2023-05: Traffic Calming Devices
         City Council
         701 N. Tool Dr.
         Tool, TX 75143
      (2)   A preliminary determination of eligibility based on available traffic data will be made in a timely manner.
         (a)   If the street is determined not to be eligible, the applicant(s) will be given written notification of that determination and its reasons. The street cannot be taken into consideration for traffic calming devices until two years after the first study was done.
         (b)   The decision may be appealed in writing to the City Administrator within 15 days of the notification date. The City Administrator will review the determination and respond to the applicant(s) within 30 days of the appeal request.
         (c)   If the street is determined to be eligible for consideration, a meeting will be arranged between the applicant(s) and staff to define the petition area and the approximate traffic calming device location. The applicant(s) or Council member making the request will be instructed to submit a petition indicating that a minimum 75% of the low-density dwelling households on the street support the installation of traffic calming devices as provided in the outlined section. Only petition forms supplied by the city may be used for this purpose.
      (3)   After verification of the petitions, city staff will conduct the necessary research, studies and solicit comments and recommendations of other parties/organizations. A determination of the street’s eligibility for traffic calming device installation will be made in a timely manner, (within two city meetings after submittal), based on the policies set forth.
         (a)   If the street is determined not to be eligible for traffic calming device installation, the applicant(s) or Council member making the request will be notified in writing giving the reason.
         (b)   The decision may be appealed in the same manner as in division (F)(2).
         (c)   If the street is determined to be eligible, the street will be placed on a list of streets eligible for traffic calming device installation.
      (4)   City Council will make a determination of the total installation cost and the cost sharing responsibility of the residents, if applicable, according to the traffic calming device policy.
      (5)   Depending on the method used to pay for the cost of the traffic calming device installation, either division (F)(5)(a) or division (F)(5)(b) will apply. Division (F)(5)(a) will apply if there is no city participation in the cost (i.e., the cost will be fully paid with voluntary private funding). Division (F)(5)(b) will apply if the residents request city participation in paying for the cost of the traffic calming device installation, if that option is available under division (D).
         (a)   Once a street is placed on the list of streets approved for traffic calming device installation, the city will submit an invoice to the representative of the residents or the president of the POA/HOA for the cost of the traffic calming device installation. Upon receipt of payment of the cost, the traffic calming devices will be installed as scheduling permits. If full payment has not been received within one year from the statement date, the street shall be removed from the list of streets approved for traffic calming device installation and all monies received by the city, if any, will be returned to the payer; or
         (b)   The Maintenance Department will prepare a report on an annual basis containing a list of streets approved for traffic calming device installation that require city funding, either in whole or part, in a request for funding to the City Council. The report will rank the requests in an order of priority determined by the following calculation:
            1.   When a budget amount for traffic calming device installations has been approved by the City Council, the Maintenance Department will determine which installations, based on the calculations and research, will be funded from the budgeted amount. Representatives of the applicants for all approved traffic calming device installations will be notified of which requests have been funded for the coming fiscal year.
            2.   Installations not included in the group to be funded can be approved if their full installation cost (including the city’s share) is voluntarily paid, as provided in division (F)(5)(a).
            3.   The city will submit a statement to the representative of the residents for any cost based on the provisions of the traffic calming device policy. It will list the total cost, portion to be paid by residents, and the portion to be paid by the city. Upon funding approval and receipt of payment in full of the residents share, the traffic calming device will be installed as scheduling permits. If full payment of the residents share, if any is required, has not been received within one year from the statement date, the street will be removed from the list of streets approved for traffic calming devices and all monies received, if any, returned to the payer.
   (G)   Traffic calming device removal and alteration. The process for traffic calming device removal or alteration by residents is the same as the process for installation, except that there is no city participation in cost sharing. In case the city determines that unforeseen problems exist due to the traffic calming device, it may be redesigned or removed by the city. In such case, the city will bear the cost of the traffic calming device removal.
   (H)   Traffic calming device location. A traffic calming device must not be located in front of a property if the occupant objects to its placement or, in the case of a property containing low-density multiple dwellings, if a majority of the households on the property object to its placement. Fulfillment of this requirement is the responsibility of the applicant(s). Traffic calming devices will not be installed within 30 feet of a signalized intersection. Traffic calming devices should not be installed in front of a driveway. The exact traffic calming device locations will be determined by the City Council in conjunction with the Maintenance Department, subject to traffic safety and operation requirements.
   (I)   Design standards and procedures. The Maintenance Department shall prepare and maintain current design standards and installation procedures for traffic calming devices in accordance with this section. The city will be responsible for the maintenance of traffic calming devices and all related features. The city reserves the right to change or modify any of these standards or procedures as may deem necessary.
   (J)   Traffic calming device processing.
      (1)   Where it is determined that a specific traffic safety hazard exists, City Council may request the installation of a traffic calming device(s) through this special provision through City Council action only after a study/research has been conducted and determined that a traffic calming device(s) was not warranted by the minimum guidelines of this policy. City Council will exercise the option to use this special provision provided that the following minimum guidelines are met:
         (a)   Minimum eighty-fifth-percentile speed of 30 mph.
         (b)   Minimum street length of 700 feet.
         (c)   Recommendation from the Fire Chief of the Volunteer Fire Department and the Police Chief of the city.
         (d)   Approval by 75% of residents abutting the proposed traffic calming device(s) project location.
         (e)   Minimum of one official accident report within a one year period prior to date of official traffic calming device request.
         (f)   Geometric characteristics of the affected section of street does not create a safety hazard for the motoring public if a traffic calming device is installed or creates a drainage issue as advised by an engineer.
      (2)   City Council will make the final decision to install the traffic calming device under this special provision and could require the use of their respective discretionary funds for the cost involved in the installation of the traffic calming devices.
   (K)   Penalty. Any person who violates a provision of this section or who does not comply with the requirements of this section shall upon conviction by the municipal court of the city be subject to a fine not to exceed $500 for each offense, each traffic calming device, including, but not limited to, speed bump(s), hump(s), cushion(s), table(s), not in compliance shall constitute a separate offense.
(Ord. 2023-05, passed 2-16-2023)