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It is the Town's intent to ensure that larger developments are not phased or subdivided in piecemeal fashion in order to qualify for automatic certification under this Section. Two or more developments, represented by their owners or developers to be separate developments, shall be aggregated and treated as a single development under this Part when they are determined to be part of a unified plan of development and are physically proximate to one another. The following factors will be considered to determine whether there is a unified plan of development:
(1) There is unified ownership, indicated by the fact that:
(a) The same person has retained or shared control of the developments;
(b) The same person has ownership or a significant legal or equitable interest in the developments; or
(c) There is common management of the developments controlling the form of physical development or disposition of parcels of the development.
(2) There is a reasonable closeness in time between the completion of 80 percent or less of one development and the submission to the Town of a master plan or series of plans or drawings for the other development that is indicative of a common development effort.
(3) The voluntary sharing of infrastructure that is indicative of a common development effort or is designated specifically to accommodate the developments.
(4) There is a common advertising scheme or promotional plan in effect for the developments.
(5) Any information provided by the applicant that the project is not being phased or subdivided to avoid the need for a certificate.
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