This policy governs treatments that support petition driven initiatives within the Charlotte Department of Transportation (CDOT).
This policy only applies to local residential streets and major collectors.
Treatments for initiatives may be implemented, altered, or eliminated as follows:
- Public Safety: CDOT may unilaterally implement treatments when CDOT finds that there are public health, safety or welfare reasons that justify doing so.
- Neighborhood Programs' Petition: Petition-driven neighborhood street treatments may be instituted by petition if there is a public justification for the treatment. Such justifications include, but are not limited to speeding, cut-through traffic and street lighting.
If CDOT determines that there is a public justification for proposed treatments, CDOT may authorize a petition process to determine whether there is sufficient neighborhood support for the proposal. The petition may be issued to the resident(s) who wishes to circulate the petition. The petition shall:
- state the public purpose that justifies the proposed change
- clearly describe the nature and location of the proposed treatments
- contain the signature of the CDOT employee who authorized the petition
To invoke the proposed change, an adequate petition must be returned to CDOT within 90 days from the date that the petition was issued or by due date provided by CDOT.
To be adequate, a petition must contain the affirmative signatures of all owners of at least 60% of the parcels that CDOT has identified in the impact area, including corner properties that may border another street that intersects with the proposed treated street, and have a different street in their address.
- Own signature: Each person must sign his or her own name. No one may sign on behalf of another
- person, unless a valid power of attorney is submitted at the time the petition is filed.
- Wife and husband: For property owned jointly by a wife and husband, each spouse must sign the petition.
- Tenants in common: For property owned by tenants in common, each tenant in common must sign the petition.
- Corporation: The president, vice-president, or other duly authorized officer or agent must sign on behalf of corporation.
- Partnership: A partner or, in the case of a limited partnership, a general partner, must sign on behalf of a partnership.
- Unincorporated Association: A duly authorized officer or agent of the association must sign on behalf of an unincorporated association.
- Religious Body: A duly authorized trustee, officer, or agent must sign on behalf of a religious body. Condominiums and Home or Property Owners Association: A duly authorized officer or agent must sign on behalf of the condominium or owners association.
Withdrawal and Addition of Signatures: A signature on a petition may be withdrawn at any time prior to a determination by CDOT that a petition is adequate by submitting a signed notice of withdrawal.
If a petition is deemed inadequate, but falls within the 90 days allowed for the petition or prior to the due date issued by CDOT, then the petition shall be returned to the lead petitioner for gathering additional signatures. If those signatures are not secured within the original 90-day petitioning period or by the due date issued by CDOT, then the petition is considered inadequate.
Treatments implemented through the petitioning process cannot be changed again pursuant to another petition for six (6) months from the date of previous implementation.
All owners of property within an identified impact area affected by an adequate petition shall be notified in writing that an adequate petition has been submitted and that the treatments will be implemented. This notification shall be mailed or delivered at least 15 business days prior to the date of implementation.
Petitions should be returned to the:
Charlotte Department of Transportation
600 E. Fourth Street
Charlotte, NC 28202
The CDOT reserves the right to petition residents separately should disputes occur that question the petition's validity and neighborhood consensus for the proposed treatment.
Please call 704-336-6709 with any questions.
Any person who has signed a petition that is determined to be inadequate may appeal within thirty days of the determination by filing a written notice of appeal with CDOT.
Any owner or tenant of property abutting a street that is affected by the proposed treatment, or any other person reasonably affected by the change may appeal by filing a written notice of appeal with CDOT within 30 days from receipt of notification. Implementation will be delayed if an appeal is filed.
Appeals will be heard through a quasi-judicial proceeding before the Department of Transportation Director or Deputy Director, or a hearing officer designated by the Department of Transportation Director or Deputy Director.
The only issues that may be raised on appeal are: (1) whether there is a public justification for the change, and (2) whether the petition is adequate.
A decision on appeal shall be subject to review by proceedings in the nature of certiorari instituted in the Superior Court of Mecklenburg County within thirty days. A certiorari appeal shall not automatically stay implementation of any proposed treatments.