Item #2

This item removes the part of the "rules of interpretation" which conflicts with the actual ordinance regarding improvements required on the "7 percent" intersections. It also clarifies how to calculate the distances for the study area intersections and that signal timing was not an acceptable mitigation to receive issuance of a Certificate of Adequate Public Facilities for Roads (CAPFR). Also, included in this amendment are formatting changes to provide consistency within the LDO.

Previously approved projects and projects pending action by the Town shall follow the APFR requirements existing at the time they were approved or submitted. Applicants may choose to have their projects meet current APFR requirements. Except as otherwise provided herein, the provisions of this Part shall apply to applications for approval of subdivision plans, site plans, rezonings, and planned developments that were submitted for approval by the Town after July 1, 2005.

PRINCIPLES OF INTERPRETATION

Overview: The following is a general overview of components of this Section. The specific requirements are located within the various sections in this Part and Section 7.11, Transportation Development Fees:

• All applicants for rezonings, mixed use sketch plans and site and/or subdivision plans that meet the trip generation threshold are required to complete a traffic analysis and receive a Certificate of Adequate Public Facilities for Roads.

• All traffic impact analyses are completed by the Town either through consultants or staff.

• The Study Area for the traffic analysis is based on the size of and/or the location of the project. Higher auto trip uses generate a larger study area. All controlled access roadways are not included in the analysis; however, the intersections of the ramps with roadways are included.

• Primarily, the level of service of intersections is used to evaluate transportation impacts within the study area.

• As the result of the analysis, the applicant is required to make site related improvements that can be contributed to the proposed development (for example, turn lanes in and out of the site and other related improvements). Council must grant exceptions to this.

• A Certificate of Adequate Public Facilities for Roads may be issued provided that guarantees are made on who will be responsible for the improvements required by the traffic analysis and when these improvements will be completed.

• Applicants may receive credits/reimbursements for their qualifying transportation system improvements.

• Certificates of Adequate Public Facilities for Roads are valid for two (2) years with site and/or subdivision plans, three (3) years for rezonings, three (3) years for mixed use sketch plans and five (5) years for planned unit developments.

The extent of the study area for the TIA depends upon the location and size of the proposed project and the prevailing conditions of the surrounding area. The study area is defined in the following table. Controlled access roadways are not included in the study area or analysis; the controlled access ramp intersections with non-controlled access roadways are subject to analysis. The distances described below are to be measured from the property boundaries and include those intersections within the identified area.

TABLE 3-23-1: STUDY AREA BOUNDARIES
	Trip Generation	Study Area
Base Zone	Fifty (50) - One hundred fifty (150) peak hour trips	One-half (1/2) mile plus any intersection on which at least seven (7) percent of any traffic movement approach volume is generated by the proposed project.
Base Zone	More than One hundred fifty (150) peak hour trips	One (1) mile plus any intersection on which at least seven (7) percent of any traffic movement approach volume is generated by the proposed project.
Central Zone	More than fifty (50) peak hour trips within the Central Transportation Zone	One-quarter (1/4) mile plus any intersections on which at least seven (7) percent of any traffic movement approach volume are generated by or as a result of the proposed project.

The analysis must set forth the required transportation system improvements needed to meet the requirements of this Part. The analysis shall also, to the extent practicable, identify the improvements to the road system within the study area that would allow the CAPFR to be issued. Signals which are operated and maintained by the Town have optimized signal timings and therefore, typically, improvements to traffic signal timing will not be considered adequate mitigation for the issuance of the CAPFR at signalized intersections. The required improvements based upon the issuance of the CAPFR are limited to those within the study area. No recommendations on improvements are required on those "seven (7) percent intersections" studied if the approach volume traffic from the proposed development is less than one (1.0) percent of the total peak hour volume.

In concluding whether a CAPFR may be issued, the Engineering Director shall ensure that the following is met:

(1) If the required improvements are to be made by the Town or the North Carolina Department of Transportation, no certificate of occupancy will be issued for the project until final plans or ninety (90) percent plans as defined by NCDOT for the projects have been approved unless otherwise approved by the Town Council.

Town Council may grant waivers to eliminating the requirement to make specific intersection improvements only as provided by the two following methods.

(1) If the existing intersection configuration already meets the intent of the Comprehensive Transportation Plan, a waiver may be granted because continued road widening will have a negative impact on the community. Intent of the Comprehensive Transportation Plan is defined as having an equal or greater number of lanes on all intersection approaches;

(2) A waiver may be granted if a payment in lieu is made in an amount equal to or greater than twice the total estimated cost of the improvement. Typically, payments in lieu will be considered only for off-site improvements where obtaining right of way or some other complication makes the improvement impractical. Transportation Development Fee credits will not be issued when a payment in lieu is made for issuance of a CAPFR. Funds will be used for any transportation improvement and shall not have any other restrictions.