Sec. 45-395. - Final review and ranking; recommendation by director.
(a) The director shall evaluate the comments received and modify the concept plan as needed. The director shall have the discretion to approve the concept plan in part, in the director's reasonable professional judgment, such as approving only the portion of the concept plan for which funding, whether public funding (including Council District Service Funds) or private funding, is available. The director shall either (i) disapprove the concept plan and its underlying request and so notify the applicant in writing; or (ii) approve the concept plan, as may have been modified by the director, in whole or in part, for implementation and so notify the applicant in writing. The director shall give the approved concept plan a priority ranking that shall be used to establish the order in which the various approved projects will be considered for implementation. If the director disapproves the concept plan, and absent demonstrable evidence of a significant change in traffic speeds in the intervening period which would in the director's reasonable professional judgment prompt an earlier review, the same or a similar project shall not be eligible for reconsideration for a period of three years.
(b) Each concept plan must be tested with a temporary device and receive a recommendation of approval from the director before being submitted to city council for final approval. Unless the project has been approved by the director for public funding assistance, the temporary device shall be placed at the applicant's sole expense. Each concept plan whose priority ranking is sufficient to indicate that public funding will be available to complete the project, if approved, during the current or next succeeding fiscal year and each concept plan for a project to be financed from private funding sources shall receive approval from the director for the construction of a temporary device, in accordance with its priority ranking, provided that the director may approve a temporary device for any ranked project without regard to its priority ranking in order to reflect special or changed circumstances, availability of Council District Service Funds, or in order to avoid delay in implementing worthy projects that have not been approved for public funding. No temporary device may be placed without the approval of the director. Temporary devices shall be in place for a testing period of not less than 90 days, provided that the director shall immediately remove a temporary device that is determined to be a threat to public health, safety or welfare. Upon authorization of placement of a temporary device, the device, with appropriate signs, shall be constructed within the neighborhood area in accordance with the approved concept plan.
The director shall review all of the available information regarding the temporary device, including public comments, and either (i) remove or cause to be removed the temporary device and deny all or part of the concept plan or (ii) forward his recommendation for final approval of all or part of the concept plan to city council, during which time the temporary device may remain in place. Written notice of the director's action shall be given to the applicant. If the director disapproves the concept plan, in whole or in part, and absent demonstrable evidence of a significant change in traffic volume or traffic patterns in the intervening period which would in the director's reasonable professional judgment prompt an earlier review, the concept plan or disapproved portions thereof may not be resubmitted as any part of a new request for the same or a similar project for a period of three years. Notwithstanding anything to the contrary herein, the three-year prohibition on resubmitting a new request for the same or similar project shall not apply to a project or concept plan, including any portion thereof, for which the director modified, approved (in whole or in part), or disapproved solely due to funding availability.
(Ord. No. 2015-587, § 2(Exh. A), 6-17-2015; Ord. No. 2016-408, § 2, 5-25-2016; Ord. No. 2024-420, § 10, 6-5-2024)