City of Lake Oswego, OR ARTICLE 32.14 Neighborhood Traffic Management Program

§ 32.14.031 Neighborhood Traffic Management Program (NTMP) Established.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2137, Amended, 9-17-1996]

LOC §§ 32.14.031 to 32.14.042 hereby establishes the Neighborhood Traffic Management Program of the City of Lake Oswego (the "NTMP"). The purpose of the NTMP is to give citizens and neighborhoods greater participation in decisions regarding traffic management on neighborhood collectors and local streets in order to promote the safety and livability of residential neighborhoods through the use of education, traffic management devices and enforcement recommendations where appropriate.

§ 32.14.032 NTMP Policies.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Amended, 12-20-1994; Ord. No. 2137, Amended, 9-17-1996; Ord. No. 2163, Amended, 12-16-1997]

The following policies shall guide the NTMP:

1. Application of the NTMP shall be limited to local streets and neighborhood collectors, as designated in the Transportation Element of the Comprehensive Plan. This limitation shall not restrict consideration of the impact of an NTMP project on streets with other functional classifications as designated in the Comprehensive Plan or from recommending improvements to such other streets as deemed necessary in order to accomplish the Goals of the Comprehensive Plan relating to neighborhood traffic, neighborhood collectors and local streets.

2. Through traffic shall be discouraged on local streets by routing to major collectors and arterials as designated pursuant to the Transportation Element of the Lake Oswego Comprehensive Plan.

3. The City shall employ traffic management devices to achieve the NTMP’s objectives. Traffic management devices include traffic circles, speed humps, diverters, medians, curb extensions, and street closures. "Traffic management device" does not include "traffic control devices" regulated by the MUTCD. All traffic management devices shall be planned and designed in keeping with sound engineering and planning practices and pursuant to adopted City standards and specifications. The City Manager shall direct the installation of traffic control devices as needed to accomplish the project, in compliance with the City Code. The City Manager may decide not to install a traffic management device if a traffic control device is justified and will alleviate the problem.

4. Reasonable automobile and emergency vehicle access shall be maintained. The Fire Chief and Police Chief of the City of Lake Oswego shall determine whether a particular NTMP project will maintain adequate emergency vehicle access.

5. NTMP projects should encourage and enhance pedestrian, bicycle, and transit access to public destinations.

6. NTMP projects shall not significantly increase vehicle miles traveled (VMT) per capita as defined by the Statewide Land Use Planning Goal 12 Administrative Rule (OAR Chapter 660 Division 12).

7. Traffic shall not be diverted from one local street to another as a result of an NTMP project if:

a. A traffic management/control device which does not directly divert traffic will alleviate the traffic problem;

b. Volume on a street with an average daily weekday traffic (ADWT) of less than 400 vehicles increases by 100 vehicles or 50%, whichever is less, as a result of diversion;

c. Volume on a street with an ADWT of greater than 400 vehicles increases by 25% as a result of diversion; or

d. The diversion would cause the ADWT on receiving streets to exceed 1200 vehicles per day on a local street or 3000 vehicles per day on a neighborhood collector.

8. Street closure may only be utilized as a traffic management device in cases where no other traffic management device will alleviate the traffic management problem.

9. The City Public Works Department shall implement the NTMP in accordance with applicable codes, standards and related polices.

§ 32.14.033 Application.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Amended, 12-20-1994; Ord. No. 2137, Amended, 9-17-1996]

1. Any ten citizens and/or business license holders or an Association by vote of its board may file an application for an NTMP project. An NTMP project application may include a request to install one or more traffic management devices in order to alleviate a particular traffic management problem. An NTMP project application may also include a request to remove or modify an existing traffic management device or devices. The application shall be filed with the Public Works Department on such form as is prescribed by the City Manager.

2. Reapplication. An NTMP project that is rejected because it did not qualify for consideration pursuant to LOC § 32.14.034 or is not implemented because it failed the advisory ballot for permanent installation pursuant to LOC § 32.14.039 shall not be reconsidered or resubmitted for a period of three years from the date of the original application. An application for a particular traffic management device that was rejected because the requested device did not comply with engineering standards on the particular street shall not be reconsidered or resubmitted for the same device on the same street. Exception: A reapplication may be filed and considered prior to the expiration of the three year period or otherwise if the applicants submit evidence that demonstrates to the satisfaction of the City Manager that a substantial change in circumstances has occurred since the previous consideration of the project that has had a material negative effect on the traffic volume, speed or safety on the street or segment of street for which the project was previously proposed, or that change the engineering analysis of a particular device. Examples of such evidence include, but are not limited to:

a. The siting or expansion of a high traffic use;

b. The construction or modification of a road improvement that has substantially rerouted traffic onto the street;

c. The construction of a school or other pedestrian oriented facility abutting the subject street or segment of street;

d. An increase of two or more correctable traffic accidents on the subject street or segment of street since the original application; or

e. A change in the street configuration or engineering standards that would change the engineering analysis regarding an application for a particular device.

§ 32.14.034 Review and Decision.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Amended, 12-20-1994; Ord. No. 2137, Amended, 9-17-1996; Ord. No. 2163, Amended, 12-16-1997; Ord. No. 2207, Amended, 7-20-1999]

1. The City Manager shall gather preliminary data about each NTMP application, including volume of traffic, physical characteristics of the subject street, speed and accident information, etc. The City Manager shall review this information and assign points to each and every application as follows:

a. Traffic Volume: Average Daily Weekday Traffic (ADWT) on the segment of the project street having the highest volume. ADWT shall be determined by conducting an uninterrupted 48 hour traffic count, which shall be divided by 200 to determine the point total. The maximum point score pursuant to this section is 30 points.

b. Speed: Percent of vehicles traveling at least 3 miles per hour over the speed limit on the same segment of the project street used to determine traffic volume pursuant to subsection (a) of this section, divided by 3. The maximum point score pursuant to this section is 30 points.

c. Accidents: Five points shall be assigned to project streets for each correctable accident reported in the last three consecutive years from the date of the application. Non-correctable accidents shall not be counted. The maximum point score pursuant to this section is 15 points.

d. Schools: Five points shall be assigned for each public or private school bordering on the subject street. Five points shall be assigned to project streets which are located within a walking area surrounding a school as designated by a school district if the walking area does not have sidewalks or pathways.

e. Other Pedestrian Areas: Five points shall be assigned for each pedestrian oriented facility or group of facilities, if adjacent to one another. "Pedestrian oriented facilities" include but are not limited to elderly housing, parks, the Library, Adult Community Center, neighborhood pool, and swim parks. The maximum point score pursuant to this section is ten points.

f. Street Without Sidewalks or Pathways. A maximum of five points shall be assigned if the project street is not bordered by a sidewalk or a pathway.

2. Applications receiving less than 30 points will not be considered for further action.

3. The City Manager shall review applications receiving 30 or more points against the City’s adopted Capital Improvement Plan (CIP). The City Manager may deny an application if a capital improvement scheduled for construction in the CIP will or is likely to alleviate the traffic problem identified in the application.

4. The City Manager may decide that no traffic management device be installed if it will create an unsafe situation.

5. Applications receiving 30 or more points that have not been removed pursuant to subsections (3) or (4) of this section, shall be deemed eligible for a traffic management device. Once a project has been approved, it shall be placed on the NTMP Project List in rank order based on the number of points the application received in accordance with LOC § 32.14.034(1). Provided that the application’s rank is high enough and budgeted funds are available as provided in LOC § 32.14.037, the City Manager may proceed with installation of a test device as provided in 32.14.038. In the alternative, the City Manager may refer the application to the TAB for public hearing as provided in LOC § 32.14.036.

6. The City Manager shall notify the applicants in writing of the decision on the application, including the reasons for the decision. A decision to deny an application pursuant to subsections (2), (3) or (4) of this section may be appealed to the TAB if a written notice of intent to appeal is received by the City Recorder within fifteen days of mailing of the written notice of the City Manager. An appeal hearing shall be held as provided in LOC § 32.14.036.

§ 32.14.035 (Reserved)

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Repealed, 12-20-1994]

§ 32.14.036 Hearing on Appeal or Referral of Application.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Amended, 12-20-1994; Ord. No. 2137, Amended, 9-17-1996; Ord. No. 2163, Amended, 12-16-1997; Ord. No. 2207, Amended, 7-20-1999]

1. If the City Manager refers an application to hearing pursuant to LOC § 32.14.034(5) or if the City Manager’s decision on an application is appealed pursuant to LOC § 32.14.034(6), the application shall be scheduled for a hearing before TAB. If more than one application is referred or appealed, they shall be heard in order of date of filing. In addition, the City Manager or TAB chair may defer appeals or referrals to additional meetings if the volume would be too burdensome on staff.

2. Determination of Impact Area. The City Manager shall establish an "impact area" based upon information obtained during preliminary review. The impact area shall include all households and businesses fronting on streets or segments of streets which are projected by the City Manager to receive more than a minor decrease or increase in traffic volume or speed as a result of the proposed traffic management device(s).

3. Project Report. The City Manager shall prepare a staff report describing the problem, an explanation of the point ranking, the procedures to be undertaken and recommended solutions and the projected cost of the recommended solution.

4. Notice. The City Manager shall mail notice of the hearing at least twenty days prior to the hearing to all households and businesses within the impact area and to recognized neighborhood associations, county planning organizations and other interested associations within the impact area. The Notice shall explain the proposed project, describe the impact area, and state that a staff report is available by contacting the Public Works Department. The written notice shall state that any person may appear and testify before the TAB concerning the need for the device, the device itself, the preliminary point total or the boundaries of the impact area. In addition, Notice of the hearing shall be posted on a sign large enough for drivers to read in the impact area. at a point as close to the proposed management device or devices as practicable.

5. Conduct of the Hearing. The Chair shall open the public hearing and call for general testimony regarding the need for the project, the point total, the proposed traffic management device, or the boundaries of the impact area. The Chair, with TAB consent, may place time limits on testimony. Any member of the public may testify orally or in writing. Written testimony shall either be submitted at the hearing or filed with the Public Works Department by 5:00 p.m. the day of the hearing. Written testimony submitted later than 5 days before the hearing cannot be included in the Board’s packet for the hearing. Following the close of testimony, the TAB shall deliberate on the evidence and testimony in the record, based upon the policies contained in LOC § 32.14.032. Based upon the evidence and testimony, the TAB may:

a. Approve, modify or terminate the project;

b. Continue the proceedings for additional information;

c. Modify the point total; or

d. Modify the boundaries of the impact area or, if the Board determines that it needs additional evidence of potential impacts to set the impact area, defer final determination of the boundaries of the impact area until after the temporary testing period described in 32.14.038. If the TAB decides to increase the boundaries of the impact area, it shall schedule a second hearing on the project and direct that all households and business that did not receive notice be given notice and the opportunity to comment prior to further action. If the Board decides to defer determination of the impact area, it shall consider the boundaries of the impact area at a public hearing after the conclusion of the temporary testing period based on evidence obtained during the testing period. The City Manager shall recommend an impact area based on this evidence in a staff report. Notice of the hearing shall be sent to all persons who testified on the application at the first TAB hearing and, if the City Manager recommends expansion of the impact area, to all households and businesses in the impact area that did not receive notice of the original hearing.

6. The TAB shall adopt an order setting forth its findings and containing a brief explanation of its decision.

7. Appeal to City Council. A decision of the TAB shall be final unless appealed to City Council by filing a written notice of intent to appeal within 15 calendar days following the date of adoption of the TAB order. Only persons who appeared before TAB orally or in writing regarding an application may appeal a TAB decision on that application. An appeal fee may be established by resolution of the City Council. Notice of the appeal hearing shall be sent twenty days prior to the hearing to all persons who testified either orally or in writing before the TAB regarding the application on appeal. The Council shall hear the appeal on the record before the TAB. No person may testify before the Council that did not testify before TAB. New or additional evidence may only be submitted upon a showing that consideration of such evidence is required by the public interest or that such evidence could not have been offered at the initial hearing by the exercise of due diligence. This new evidence exception shall be strictly construed to encourage submittal of all relevant testimony to the TAB. With these exceptions, the Council shall hear and make a decision regarding the project pursuant to subsection 4 of this section.

8. Once a project has been approved and becomes final, it shall be placed on the NTMP Project List in rank order based on the number of points the application received in accordance with LOC § 32.14.034(1). The NTMP project list, along with copies of the final order on the project, shall be forwarded to the City Manager by November 15 if the cost of the project exceeds the threshold for the CIP and March 15 if the cost of the project is less than the threshold for the CIP for consideration for funding pursuant to the local budget process pursuant to LOC § 32.14.033.

§ 32.14.037 Initiation of Projects.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Amended, 12-20-1994]

1. The City shall undertake NTMP projects based upon rank and budgeted funds, beginning with the top ranked project and continuing down the list until budgeted funds are expended or are no longer sufficient to complete the project in the fiscal year. The level of funding for the NTMP shall be determined annually by the City of Lake Oswego Budget Committee and City Council pursuant to the Local Budget Law (ORS 294.305 to 294.565).

2. Ranked projects that are not initiated in the year ranked because of funding shall be considered and re-ranked in the annual ranking of projects pursuant to LOC § 32.14.034 for three years. If, after three years, a project has not received a high enough priority to proceed, it shall be removed from the ranking list. The project applicant shall be notified when the three year limit expires. At that time a new request may be submitted by the applicant or the City Manager.

§ 32.14.038 Installation of Test Device.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Amended, 12-20-1994; Ord. No. 2207, Amended, 7-20-1999]

1. Once an NTMP project is approved, funded through the budget process, and comes up for implementation pursuant to its rank order, the City Manager shall install a "temporary test device." A "temporary test device" is a temporary installation of a traffic management device which simulates the effect of a permanent device. A "temporary test device" can be the same as a permanent traffic management device where an installation of a temporary device is impractical or would not result in cost savings over installation of a permanent device. The temporary test device shall be installed for a testing period determined by the City Manager, but in no event shall the testing period be shorter than three months or longer than six months.

2. The City Manager shall post a notice adjacent to each temporary test device. The notice shall:

a. Explain that the device is temporary;

b. State the duration of the test;

c. State that the area will be polled at the end of the test to determine whether a permanent traffic management device should be installed and shall include the approximate date that ballots will be mailed;

d. Contain the name and number of a staff person to contact for additional information.

3. If the City Manager finds that the temporary test device creates an unforeseen hazard, the City Manager may revise or remove the device. In this case, the City Manager shall notify the TAB and the City Council.

§ 32.14.039 Advice and Consent of Impact Area.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Amended, 12-20-1994]

1. At least 30 days prior to the completion of a test period, or within 30 days of final determination of the impact area where the final determination was deferred pursuant to LOC § 32.14.036(5)(d), the City Manager shall mail a ballot by regular mail to each citizen who resides within the impact area and to each business operator holding a City business license whose business is located within the impact area. If a person is both a citizen and a business license holder, he or she shall only be entitled to one vote and shall be mailed only one ballot. The ballot shall:

a. Present the question of whether the traffic management device should be permanently installed in the form of a "yes" or "no" question (if more than one traffic management device has been installed pursuant to the particular NTMP project, the ballot shall contain separate questions regarding each device); and

b. Contain a statement that ballots must be mailed to the City by a date certain determined by the City Manager. The deadline date shall be set no sooner than ten days nor later than 30 days after the date of mailing of the ballots.

c. Set forth the number of eligible voters in the impact area and the vote necessary to implement the project pursuant to subsection (2) and (3) of this section.

2. Ballots shall be counted no sooner than ten days after the deadline for submittal. Ballots postmarked after the deadline for mailing shall not be counted. Except as provided in subsection (3) of this section, the project shall be forwarded to the City Council for action if a majority of citizens voting in the impact area vote "yes", if a project does not obtain more "yes" votes than "no" votes it shall be terminated and the temporary test device removed.

3. If fewer than fifty percent (50%) of eligible voters return mail by the deadline in subsection (1)(b) of this section, sixty (60%) of those must vote "yes" in order to forward the project to City Council for action. If a project does not receive sixty (60%) or more "yes" votes in this circumstance, the project shall be terminated.

§ 32.14.041 City Council Action.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Amended, 12-20-1994]

1. Upon receipt of a favorable vote, the City Manager shall prepare a report and submit it the City Council. The City Council shall implement the approved project based upon available funding pursuant to this ordinance.

2. The City Council shall direct the City Manager to implement the design, engineering and installation of the traffic management device, which shall be based upon sound engineering practice and generally accepted standards.

§ 32.14.042 Emergency Corrective Action.

[Ord. No. 2045, Enacted, 8-10-1993; Ord. No. 2109, Amended, 12-20-1994; Ord. No. 2207, Amended, 7-20-1999]

Nothing in LOC §§ 32.14.031 to 32.14.032 shall be deemed to limit or restrict the authority of the City Manager to install or remove a traffic management or traffic control device when the City Manager determines that it is necessary or advisable to do so in the interests of public safety. The City Manager shall apprise the TAB of all such installations or removals.