§ 34-24. Closure of public streets to through vehicular traffic.

(a)

Application for petition for the closure of public streets.

(1)

The applicant must obtain from the city traffic engineer an application for petition for the closure of public street to through traffic.

(2)

The application must be approved and signed by a minimum of sixty (60) percent of property owners whose property immediately abuts the designated street and/or an intersecting street and lies in whole or in part within a two hundred-foot radius of the requested street closure.

(3)

The application must include a site plan indicating the location of the street closure.

(4)

The application must include a nonrefundable fee, determined as follows:

Number of Properties at the Requested Location	Permit Fee
100 or less	$300.00
101 to 200	400.00
Over 200	500.00

 

(5)

The applicant shall submit all documents and the required fee to the city traffic engineer.

(b)

Review of application.

(1)

Upon receiving the completed application as set forth in (a)(1) above, the city traffic engineer will determine if the proposed street closure meets the following requirements.

a.

The properties fronting or having access to the proposed street closure are predominately residential.

b.

The street closure will preserve and protect the neighborhood and enhance the quality of the area for the residents.

c.

The street closure will result in an improvement of overall traffic safety and reduce the amount, or more efficiently manage, the flow of traffic traveling through the neighborhood.

d.

The street closure will not deny any owner of property direct vehicular access to at least one abutting public street.

e.

The street closure is not a part of city thoroughfare plan and will not have a significant negative effect upon the general mobility of the public.

f.

The street closure will not significantly delay or prohibit service vehicular ingress or egress from the neighborhood, nor will the street closure prohibit pedestrian traffic or vehicular access to any utilities in the neighborhood.

g.

If the street closure will result in a dead-end roadway greater than one hundred fifty (150) feet in length, a turnaround area approved by the traffic engineer is required.

h.

If the street closure will result in a dead-end roadway one hundred fifty (150) feet or less in length, then a turnaround area is not required.

(2)

If the traffic engineer determines that the proposed street closure does not meet one (1) or more of the above requirements, the traffic engineer shall notify the applicant in writing of the reason of ineligibility. If applicant wishes to pursue the street closure, the traffic engineer shall continue the application process.

(3)

The traffic engineer shall:

a.

Submit the application to city departments, including the police department, the fire department, the city legal department, and the city emergency medical service, island transit, other city departments as determined by the traffic engineer, and other entities including utility companies, for comments and approval. The traffic engineer shall conduct the necessary transportation engineering studies, and solicit comments and recommendations from affected departments and agencies;

b.

Send a "mail-back ballot" to private property owners within two hundred (200) feet of the primary affected area. The ballot shall ask the property owners to indicate their support or opposition to the proposed street closure, and shall advise the property owner of scheduled public meetings; and

c.

Schedule a meeting between the applicant and city staff to discuss traffic control devices and construction required for the closure of the street;

d.

Upon completion and receipt of the above, the traffic engineer shall present the application to the traffic commission.

(4)

Traffic commission. Upon receiving the application and relevant documents, the traffic commission shall conduct a public meeting, and vote to approve or deny the application. The traffic engineer shall forward the traffic commission's recommendations to the city council for a public hearing and action.

(c)

Approval and implementation of street closure.

(1)

Before approving or denying the application, city council shall conduct a public hearing. If the street closure is approved by city council, the director of public works and the city traffic engineer shall determine and approve the installation of traffic control devices, the necessity of a turnaround area, turn and the construction to be completed by the applicant for the street closure.

(2)

If city council approves the street closure, the applicant shall submit to the city traffic engineer a private development contract between the city, the applicant and the applicant's contractor. The contract shall identify the construction, including traffic signs, to be performed by the applicant's contractor.

The applicant is responsible for all costs associated with the street closure and for providing additional property for a turnaround, if required.

(Ord. No. 97-6, § 2, 1-23-97)

Editor's note

Ord. No. 97-6, § 2, adopted January 23, 1997, amended the Code by adding a new section to be numbered 34-50. In order to keep related materials together, the editor has redesignated said provisions as § 34-24.