[This is the draft forwarded by resolution to the City Commission, by the Non-Motorized Travel Advisory Council, 14 September, 2010. This draft is the result of over a year's work by NMTAC members, City staff, and interested Helena citizens. NMTAC anticipates that before the Commission has a chance to review and act upon this draft Complete Streets Ordinance, that this draft will be reviewed by City staff for both formatting and substance. Interested parties should address their queries to NMTAC staff, or to NMTAC's Chair.]
DRAFT : CITY OF HELENA COMPLETE STREETS ORDINANCE
DRAFT : CITY OF HELENA COMPLETE STREETS ORDINANCE
Version 9.12.2010
AN ORDINANCE relating to Helena’s Non-motorized transportation plan and City Growth Policy, stating the policy and intent of the City of Helena to provide complete streets for all users of city streets.
Date of Draft: September 12, 2010
References/Related Documents: Related Resolutions of BOH (Resolution of Support for Local, Statewide, and Federal Initiatives That Promote Transportation and Land-Use Policies and Practices That Promote Good Health), Non-motorized transportation plan, City Growth Policy, Helena Climate Change Task Force Action Plan 2009.
AN ORDINANCE relating to Helena’s Transportation Plan and City Growth Policy, stating the policy and intent of the City to provide complete streets for all users of city streets.
WHEREAS, U.S. Department of Transportation policy is to incorporate safe and convenient walking and bicycling facilities into transportation projects. Every transportation agency, including DOT, has the responsibility to improve conditions and opportunities for walking and bicycling and to integrate walking and bicycling into their transportation systems. Because of the numerous individual and community benefits that walking and bicycling provide — including health, safety, environmental, transportation, and quality of life — transportation agencies are encouraged to go beyond minimum standards to provide safe and convenient facilities for these modes; and
WHEREAS, Montana Statute 61-8-602 M.C.A. make bicycle riders legitimate road users; and
WHEREAS, Montana Statute 61-8-501M.C.A. recognizes pedestrians as legitimate road users; and
WHEREAS, City policy as stated in the Transportation Plan is to develop a living plan for the greater Helena area to create and maintain corridors for cyclists and other modes of travel and recreation that are safe and effective for their transportation and enjoyment, and encourage walking, bicycling and transit use as safe, convenient and widely available modes of transportation for all people; and
WHEREAS, the updated Helena Growth Plan recognizes the need to include facilities for safe travel by pedestrians and bicyclists in street improvement projects and developing areas and to minimize vehicle miles traveled in the Helena area, and to implement policies and decisions to ensure that bicyclists and pedestrians can access and cross major roadways and highways leading to the surrounding area; and
WHEREAS, the Helena City Commission accepted the Helena Climate Change Task Force Action Plan 2009 which includes a recommendation to Improve Non-Motorized Transportation Policy and Infrastructure, and specifically recommends adoption of a “Complete Streets” transportation design ordinance by January of 2010.
WHEREAS, the Board of Health adopted a Resolution of Support for Local, Statewide, and Federal Initiatives That Promote Transportation and Land-Use Policies and Practices That Promote Good Health; and
WHEREAS, other jurisdictions and agencies nationwide have adopted Complete Streets legislation including the U.S. Department of Transportation, numerous state transportation agencies, Seattle, San Francisco, Sacramento, San Diego, Boulder, Chicago, Portland, Lansing, Bozeman and Missoula; and
WHEREAS, the Helena Citizens’ Council has determined that the implementation of Complete Streets concepts are in the best interests of Helena;
WHEREAS, the Helena City Commission has the responsibility to provide for the safety and well-being of those who choose to travel on foot or bicycle, as well as in motor vehicles; and
WHEREAS, Helena City Commission, in its resolution establishing the Non-Motorized Travel Advisory Council, has recognized that traffic congestion, community growth, limited parking facilities, environmental issues, climate change, increasing fuel costs, energy shortages, and concern for personal and public health have combined to make non-motorized transportation an increasingly needed alternative to use of the automobile; and
WHEREAS, a stated goal of the Lewis and Clark City-County Health Department is to prevent obesity and reduce risk for chronic disease through promotion of physical activity, nutrition and a better built environment.
AN ORDINANCE AMENDING TITLE 7 OF THE HELENA CITY CODE BY ADDING A NEW SUBCHAPTER 9 TO CHAPTER 1, TO BE KNOWN AS THE “STREET DESIGN ORDINANCE,” THAT REQUIRES ALL NEW TRANSPORTATION AND DEVELOPMENT PROJECTS BE DESIGNED AND CONSTRUCTED TO PROVIDE FOR ALL USERS OF CITY STREETS
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF HELENA AS FOLLOWS:
That Title 7 of the Helena City Code is hereby amended by adding a new subchapter 9 to Chapter 1
CHAPTER 1
COMPLETE STREET DESIGN ORDINANCE
Subchapter 9-
Section 1. Policy. It is the established policy of the City of Helena (‘City’) to plan for, design and construct all new transportation and development projects to provide for all users of City streets, including, but not limited to, pedestrians, bicyclists, transit riders, motor vehicle users, and persons of all abilities, while promoting safe operation for all users.
Section 2. Definitions. The following definitions apply to the terms used in this chapter.
- “Complete street” means a street that is safe, comfortable and convenient for travel by foot, wheelchair, bicycle, motor vehicle and transit. Complete street design features include, but are not limited to: sidewalks; bicycle lanes; motor vehicle lanes; shared use lanes and paths; paved shoulders; street trees and landscaping; planting strips; curbs; accessible curb ramps; bulb outs; crosswalks; refuge islands; pedestrian and traffic signals; signage; street furniture; bicycle parking facilities; public transportation stops and facilities; transit priority signalizations; traffic calming devices such as rotary circles, traffic bumps, and surface treatments such as paving blocks, textured asphalt, and concrete; narrow vehicle lanes; raised medians; and dedicated transit lanes.
(b) “Development project” means any subdivision, annexation or private development with streets that connect to or become a part of the City.
(c) “Transportation Project” means the construction, reconstruction, retrofit, resurfacing, maintenance, alteration or repair of any street, and includes the planning, design, approval, and implementation processes.
Section 3. Except as provided in Section 5, the City shall require that all transportation and development projects be planned, designed and constructed to provide complete streets for all users of City streets.
Section 4. The City shall, as soon as practicable, develop, adopt, incorporate and update plans and design and engineering standards necessary to effectuate this Chapter.
Section 5. The requirements of Section 3 do not apply to:
a) Ordinary maintenance activities designed to keep assets in serviceable condition (e.g., mowing, cleaning, sweeping, spot repair and surface treatments such as chip seal, or interim measures on detour or haul routes); or
b) Transportation and development projects granted an exception because motorized or non-motorized use is prohibited by law; the cost of providing for all users would be excessively disproportionate to the current need or foreseeable future need; existing right of way does not provide use for all street users; or because doing so would be contrary to public safety. Such an exception must be requested in writing by the Public Works Director or the developer, detail the basis for the requested exception and be approved by the City Manager.
Section 6. The city shall prioritize opportunities to transform existing streets to complete streets in accordance with Section 7 of the City of Helena Transportation Plan.
Section 7. All sources of funding should be drawn upon to implement this Chapter.
Section 8. When practicable, partnerships with private developers, the Montana Department of Transportation, Helena Business Districts, and Neighborhood Associations should be encouraged so transportation and development projects that extend beyond the city’s boundaries meet the requirements of this Chapter.
Section 9. The City Engineer shall collect data measuring how well the streets of Helena are serving each category of users identified in Section 1
Section 10. The City Engineer shall adopt performance standards with benchmarks that effectively measure the ability of users to travel in safety and comfort on city streets.
Section 11. The City Engineer and the Community Development Director shall regularly provide the public with a list of all transportation and development projects subject to this Chapter in such a manner that maximizes the opportunity for meaningful public input without causing unnecessary delay in the approval of any project.
Section 12. All initial planning and design studies, health impact assessments, environmental reviews, and other project reviews for projects requiring funding or approval by the City shall: (1) evaluate the effect of the proposed project on safe travel by all users, and (2) identify measures to mitigate any adverse impacts on such travel that are identified.
Section 13. Statutory Construction and Severability.
- This Ordinance shall be construed so as not to conflict with applicable federal and state laws, rules or regulations. Nothing in this Ordinance authorizes any city department to impose any duties or obligations in conflict with limitations on municipal authority established by federal or state law at the time such department action is taken
- In the event that a court or agency of competent jurisdiction holds that a federal or state law, rule, or regulation invalidates any clause, sentence, ort paragraph or section of this Ordinance or the application thereof to any person or circumstances, it is the intent of the Ordinance that the Court or agency sever such clause, sentence, paragraph, or section so that the remainder of this Ordinance remains in effect.
Section 14. This Ordinance is adopted by the City of Helena. It amends previous ordinances establishing methods for design and maintenance of City streets. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as per MCA 7-5-106.
