AGENDA #6e
TO: Mayor and Town Council
FROM: Ralph D. Karpinos, Town Attorney
SUBJECT: Report on Traffic Calming and Neighborhood Financial Contributions
DATE: August 26, 2002
The purpose of this report is to provide information regarding statutory provisions on special assessments as they relate to the issue of neighborhood contributions for the installation of traffic calming devices on public streets.
BACKGROUND
The Council has been receiving requests to install traffic calming devices on public streets in a number of neighborhoods. Offers of financial contributions have accompanied some of these requests. This report provides information on statutory provisions under which the Town can receive payments from neighborhoods for such improvements.
DISCUSSION
Both the North Carolina General Statutes and the Town’s Charter contain provisions authorizing the assessment of costs of public improvements to benefited properties.
1. General Statutes.
Under Article 10 of Chapter 160A of the General Statutes, the Town may make certain improvements and charge some of the costs of those improvements to benefited properties. Among the types of improvements for which costs may be assessed against benefited properties are:
“constructing, reconstructing, paving, widening, installing curbs and gutters, and otherwise building and improving streets” (G.S. 160A-216, emphasis added).
In the specific case of street and sidewalk improvements, G.S. 160A-217 provides that in order to levy assessments, the Town must receive a petition for the improvements signed by a majority of the owners representing a majority of the lineal feet of frontage of the lands abutting the proposed improvement.
Upon receipt of such a petition, the Town may elect to make the improvements and assess a portion of the costs against each property benefited. The statute further provides that unless the petition states another percentage, not more than fifty percent of the cost of the improvement may be assessed.
Forms and information on street improvement petitions and assessments are available in the Town Engineering Department. For citizens interested in having traffic calming devices installed, this procedure would establish a more formal basis for citizens to assume responsibility for some or all of the costs of the improvements than the offers of contributions that have come directly to the Council. Upon receipt of a proper petition, the Council would have the authority, but not the legal obligation, to proceed with the requested improvements and to assess all or part of the costs to benefited properties. The petition/assessment procedure has been used on numerous occasions by the Town for paving projects involving existing gravel roads.
2. Town Charter
The Town Charter includes some specific powers authorized for the Town of Chapel Hill, including the authority to make certain sidewalk and street improvements and to assess the costs to abutting properties. By following specific procedures, the cost of these improvements may be charged to property owners without a petition having been filed. These procedures have not been used since the mid-1980’s, or earlier. See attached copy of Article 2, Chapter VI, of the Town Charter.
3. Policy Set by Town Code.
By Ordinance, the Town Council has established a policy that, when there is a petition filed, one half of the cost of public street improvements are to be assessed to abutting property on a prorata front foot basis. Section 17-28 of the Town Code states:
Sec. 17-28. Public street improvements generally; cost per front foot.
The policy of the town with respect to public street paving shall be that where the property owners petition for public street improvements, fifty (50) per cent of the total cost of said improvements, whether the same shall include or not include curb, gutter, grading, storm sewer, subgrade material, and asphalt surfacing, shall be assessed against the property abutting the improvement on each side of the public street on a prorata front foot basis.
|
(Res. of 10-9-61; Ord. No. O-75-20, § 1, 5-12-75; Ord. No. O-81-39, 5-26-81) |
|
CONCLUSION
While both the General Statutes and Charter establish the principle that property owners can be charged for at least some of the cost of improving adjacent streets, it is not clear whether traffic calming devices fall within the meaning of “street improvements” as the words are used in either the General Statutes or Charter. In my opinion, it is more likely that the wording in the General Statutes would cover such improvements, particularly if the assessments were made pursuant to a petition under those provisions rather than by following the Charter.
Both the General Law and Charter do demonstrate, however, some precedent for the concept that a municipality may make street and sidewalk improvements in a neighborhood based on a request and the financial contributions of neighborhood property owners. In addition, we note the traffic calming devices installed on Pinehurst Drive is an example of private funding being used for such improvements in the public right of way.
If the Council would like to consider implementing the Petition assessment process for traffic calming, the Manager could develop a policy and process for the Council’s review at a future meeting before the end of the calendar year.
ATTACHMENTS