North Carolina § 136-102 - 8. Subdivision streets; traffic calming devices.

§ 136-102. 8. Subdivision streets; traffic calming devices.

The Department shall establish policies and procedures for the installation or utilization of traffic tables or traffic calming devices erected on State-maintained subdivision streets adopted by the Department, pursuant to G.S. 136-102.6, if all of the following requirements are met: A traffic engineering study has been approved by the Department detailing types and locations of traffic calming devices. Installation and utilization of traffic tables or traffic calming devices is within one of the following areas: A subdivision with a homeowners association. A neighborhood in which the property owners have established a contractual agreement outlining responsibility for traffic calming devices installed in the neighborhood. The traffic tables or traffic calming devices are paid for and maintained by the subdivision homeowners association, or its successor, or pursuant to a neighborhood agreement. The homeowners association has the written support, for the installation of each traffic table or traffic calming device approved by the Department pursuant to this section, of at least sixty percent (60%) of the member property owners, or the neighborhood agreement is signed by at least sixty percent (60%) of the neighborhood property owners. The homeowners association, or neighborhood pursuant to its agreement, posts a performance bond with the Department sufficient to fund maintenance or removal of the traffic tables or calming devices, if the homeowners association, or neighborhood pursuant to its agreement, fails to maintain them, or is dissolved. The bond shall remain in place for a period of three years from the date of installation. History (2009-310, s. 1; 2015-217, s. 2.) Editor's Note. - Session Laws 2009-310, s. 2, made this section effective October 1, 2009, and applicable to traffic tables and traffic calming devices installed on or after that date. Session Laws 2015-217, s. 1(a), provides: "Study. - The Department of Transportation shall study the process that must be followed, and the requirements that must be met, for the Department of Transportation to accept subdivision streets dedicated as public on the State highway system for maintenance, including (i) whether the process that must be followed is efficient and timely, (ii) whether the minimum right-of-way and construction standards established by the Board of Transportation for acceptance on the State highway system are reasonable, (iii) what the financial impact is on the State and homeowners when subdivision streets are or are not accepted on the State highway system for maintenance, and (iv) any other matters the Department of Transportation deems relevant to the study." Session Laws 2015-217, s. 1(b), provides: "Report. - The Department shall report its findings and recommendations, including any legislative proposals, to the Joint Legislative Transportation Oversight Committee no later than February 1, 2016." Effect of Amendments. - Session Laws 2015-217, s. 2, effective August 18, 2015, substituted "sixty percent (60%)" for "seventy percent (70%)" two times in subdivision (4).