§ 10.40.100. Developer funded traffic signals.

The following policies relating to the funding of traffic signals by land developers are adopted:

A.

Land developers may be required to fund and install signals at new intersections and locations that are created by particular developments and which will meet traffic signal warrants based on existing or projected traffic volumes and that are wholly or partly contained within the development boundaries. Such requirements shall be established and included as a condition of approval of the particular development. Signalization of such locations that are wholly or partly contained within a development are created by that development shall be the responsibility of the land developer. No signal mitigation program fee credits or reimbursement for the cost of design and construction of such traffic signals shall be given or made.

B.

Land developers may be required to fund and install traffic signals at existing locations that are in the vicinity of their developments and that meet traffic signal warrants based on existing or projected traffic volumes when such locations are directly impacted by the traffic generated by the developments. Such requirements shall be included as a condition of approval of these particular developments. Developers may request the transportation and land management agency director or his or her designee to enter into an agreement providing for a partial reimbursement of signal mitigation program fees or an equivalent credit to the developer for the design and construction costs of the traffic signal improvements. The agreements may be referenced in the development conditions of approval and shall be executed by all parties prior to the beginning of project construction. If such an agreement is executed, reimbursements or fee credits shall be made only after completion of construction, and final acceptance by the county of project improvements. The reimbursements or fee credits shall be in accordance with the terms of a fully executed agreement, and shall be for verifiable project costs. Such agreements shall be negotiated on a case-by-case basis after review and consideration of the following:

1.

Ranking on the signal priority list;

2.

Availability of signal mitigation program funds;

3.

The benefits of the installation of the traffic signals to the developer and the development project.

C.

The transportation and land management agency director or his or her designee shall negotiate for the most favorable agreement terms for the funding of capital and maintenance costs for privately funded traffic signals. County funding resource commitments shall be minimized. Such funding agreements are subject to approval of the board of supervisors.

D.

It is recognized that land developers may desire to advance the schedule for the installation of traffic signals at locations close to their developments which meet the established warrants for signalization and which are on the county's list for signalization. A developer may install warranted traffic signals in advance of the county's schedule for installation, at the developer's own expense, if approved by the transportation and land management agency director or his or her designee. Inasmuch as there is a benefit to the land developer for the installation of certain traffic signals, the developer shall fund a portion of the improvement costs in proportion to the benefit received. Developers may request the transportation and land management agency director or his or her designee to enter into an agreement providing for a partial reimbursement or signal mitigation program fee credit to the developer for the design and construction costs of the traffic signal and associated improvements. The agreements shall be executed by all parties prior to the beginning of project construction. Reimbursements or fee credits shall be made after completion of construction, and final acceptance by the county of project improvements, and shall be in accordance with the terms of a fully executed agreement, and shall be for verifiable project costs. Such agreements shall be negotiated on a case-by-case basis after review and consideration of the following:

1.

Ranking on the signal priority list;

2.

Availability of signal mitigation program funds;

3.

The benefits of the installation of the traffic signals to the developer and the development project.

E.

Traffic signal modifications, when required because of development related improvements, shall be funded by the land developer and constructed in accordance with the provisions of an encroachment permit issued by the transportation and land management agency. The land developer shall deposit with the transportation and land management agency nonreimbursable fees for plan checking and construction inspection in accordance with county Ordinance 671, or as otherwise established by the board of supervisors. No signal mitigation program fee credits or reimbursement for the cost of design and construction of such traffic signal modifications shall be made.

F.

All traffic signal plans and all related improvement plans shall be submitted to the transportation and land management agency, transportation department for review. All improvement designs shall be in accordance with county standards, policies and procedures. Plans and specifications for all improvements shall be signed as approved by the transportation and land management agency. A county encroachment permit must be secured by the applicant prior to construction.

(Ord. 748 § 10, 1994)