§ 136-102.8. Subdivision streets; traffic calming devices.
§ 136‑102.8. Subdivision streets; traffic calming devices.
The Department shall establishpolicies and procedures for the installation or utilization of traffic tablesor traffic calming devices erected on State‑maintained subdivisionstreets adopted by the Department, pursuant to G.S. 136‑102.6, if all ofthe following requirements are met:
(1) A trafficengineering study has been approved by the Department detailing types andlocations of traffic calming devices.
(2) Installation andutilization of traffic tables or traffic calming devices is within one of thefollowing areas:
a. A subdivision with ahomeowners association.
b. A neighborhood inwhich the property owners have established a contractual agreement outliningresponsibility for traffic calming devices installed in the neighborhood.
(3) The traffic tablesor traffic calming devices are paid for and maintained by the subdivisionhomeowners association, or its successor, or pursuant to a neighborhoodagreement.
(4) The homeownersassociation has the written support, for the installation of each traffic tableor traffic calming device approved by the Department pursuant to this section,of at least seventy percent (70%) of the member property owners, or theneighborhood agreement is signed by at least seventy percent (70%) of theneighborhood property owners.
(5) The homeownersassociation, or neighborhood pursuant to its agreement, posts a performancebond with the Department sufficient to fund maintenance or removal of thetraffic tables or calming devices, if the homeowners association, orneighborhood pursuant to its agreement, fails to maintain them, or isdissolved. The bond shall remain in place for a period of three years from thedate of installation. (2009‑310, s. 1.)