Town of Cary, North Carolina - Land Development Ordinance Intro   
3.23.2  Requirements for Certificate of Adequate Public Facilities for Roads Previous   
3.23.2(B)  Timing for Certificate Next   
3.23.2  Requirements for Certificate of Adequate Public Facilities for Roads Up   

3.23.2(A)  Applicability

(1)      New or Amended Projects

No subdivision plan, site plan, master plan for a planned development, mixed use sketch plan, or rezoning that meets requirements for a traffic analysis may be approved unless on the date of such approval there exists a valid and current Certificate of Adequate Public Facilities for Roads (CAPFR) applicable to the project for which such approval is sought. A CAPFR issued in connection with a rezoning or planned development master plan approval shall constitute a CAPFR for any subdivision or site plan that is consistent with and encompassed within such rezoning or master plan approval so long as the CAPFR for the rezoning or master plan approval remains valid (see Section 3.23.6, Expiration of Certificates of Adequacy of Public Facilities for Roads).

(2)      Automatic Certification for Small and Low Density Developments

A determination as to the adequacy of public facilities need not be made with respect to roads if the nature of the proposed development is such that the number of estimated trips generated does not exceed the trip generation established in Section 3.23.4, Evaluation of Adequacy of Transportation: Traffic Impact Analysis.

(3)      Previously Approved Projects and Projects Pending Approval

Previously approved projects and projects pending action by the Town shall follow the APF requirements existing at the time they were approved or submitted. Applicants may choose to have their projects meet current APF 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. Off-site improvements needed because the roadway/intersection is currently failing and/or the development does not contribute greater than seven (7) percent of the traffic to the failure are to be completed by the Town or jointly with the applicant.  

§          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.

 

(4)      Amendments to subdivision plans, site plans, or rezonings that were originally approved prior to July 1, 2005 shall follow the APF requirements existing at the time of original approval so long as the approvals have not expired and the proposed amendment does not increase the demand generated by that development on any of the public facilities covered under this Section by more than fifty (50) peak hour trips.

(5)      The waiver provisions of 3.23.5 (D) shall be available to any new or amended project.

Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008

Note: This is not the official version of the Cary Land Development Ordinance