GET THE FACTS – Possible Repeal of Cary’s Adequate Public Facilities Planning and Development for Roads

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* At the February 13, 2013 regular meeting, the Cary Town Council discussed this item. Read the minutes.

Public Hearing

At their regular meeting on Thursday, December 13, 2012 and based on a recent ruling by the NC Supreme Court, the Cary Town Council unanimously voted to hold a public hearing at their January 10, 2013 regular meeting to hear the community’s thoughts on a possible repeal of the Town’s Adequate Public Facilities Planning and Development for Roads Ordinance and other related amendments to the Town’s Land Development Ordinance (LDO). As with all public hearings, citizens will be given up to five minutes to speak on the topic; meetings begin at 6:30 p.m. and are held in the Council Chambers at Cary Town Hall, 316 N. Academy Street in downtown Cary.

Learn more about the potential transportation development fee increase.

About Cary’s Roads APFO

The Town adopted its Adequate Public Facilities for Roads Ordinance in 1998 to work alongside the Town’s existing transportation development fee authority to help lessen the impacts of traffic and to help facilitate the provision of adequate roads in Cary. Under the Ordinance, new development cannot be approved unless it can reasonably be expected that roadway facilities will be available to support the development.

Review the Ordinance (Sec. 3.23)

http://www.amlegal.com/library/nc/cary.shtml

Points to Consider

· The current Cary Council strongly believes that the 1998 Council had the authority to adopt the Roads Ordinance and that the Ordinance is not unauthorized today.

· While the NC Supreme Court case, Lanvale v. Cabarrus County, does not directly address Cary’s Roads Ordinance, the ruling may create an issue as to whether any local government in the state can lessen congestion and facilitate adequate roads with an APF ordinance, even though that’s what State law allows local governments to do via local zoning laws.

· Cary has clear legal authority to address road improvements made necessary by new development through transportation development fees.

· If Cary’s Roads APFO is repealed, the Council remains strongly committed to using all available tools to deal with traffic concerns, especially those that could impact citizens’ safety.

Schedule

January 10, 2013 – Council holds public hearing
January 14, 2013 – Planning & Zoning Board discussion
February 13, 2013 – Council may act on the possible repeal and other amendments

Links

Read the Mayor’s opening remarks from the December 13, 2012 Council meeting

Read the NC Supreme Court Case, Lanvale v. Cabarrus Count

http://appellate.nccourts.org/opinions/?c=1&pdf=MjAxMi80MzhQQTEwLTEucGRm

Watch Town Council meeting
http://www.youtube.com/TownofCaryChannel

Learn more about the potential transportation development fee increase

Contact

Russ Overton
Deputy Town Manager
316 North Academy St.
Cary NC 27511
PO Box 8005
Cary NC 27512
(919) 469-4033