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In each case, the issue as to whether adequate service levels will be maintained will be resolved by evaluating the projected impact of the proposed development on the public facilities in question at the time occupancy is expected to occur. This analysis will take into account not only the status of existing facilities and the impact of the proposed development, but also the projected impact of the following on the capacity of those facilities:
(1) Projected capital improvements that will increase the capacity of the facilities in question. If the completion of such improvements is necessary for a CAPFR to be issued for a particular project, then there must be a reasonable expectation that such improvements will be completed in time to be of benefit to such project. A "reasonable expectation" of a proposed completion date requires, at the very least, that construction of the improvements has received all necessary governmental approvals and that funding is in place, or that such approvals and funding appear reasonably certain.
(2) All single-family residential building lots that have received final plat approval but that do not contain a completed dwelling.
(3) All single-family residential building lots for which subdivision plan approval has been granted and all non-residential and multi-family residential developments for which a site plan has been approved, so long as such approvals have not expired.
(4) All rezonings and approvals of master plans for planned developments which have a valid CAPFR, if and to the extent that subdivision or site plan approvals for portions of such developments have been granted.
(5) All developments for which subdivision or site plan approval applications have been submitted but not yet granted, so long as CAPFR's for such projects have been issued and remain unexpired.
(6) For any developments for which the notice to proceed has been granted for a traffic study, even if the traffic study is not complete at the time of scoping the background traffic for a subsequent study to be conducted. If there is no additional action with regards to the project within six (6) months after the completion to the traffic study (such as a rezoning application submitted or approved), the traffic from the completed study will no longer be included in the background traffic for the subsequent study.
(7) No traffic from a previously approved planned development should be included as background traffic for the same planned development, if no subdivision or site plan approval has been granted.
(8) Mitigations or improvements identified in previous background studies will increase the capacity of the facilities in question. If the completion of such mitigations or improvements is necessary for a CAPFR to be issued for a particular project, then there must be a reasonable expectation that such mitigations or improvements will be completed in time to be of use to such project. A “reasonable expectation” of a proposed completion date requires, at the very least, that construction of the improvements has received all necessary governmental approvals and that funding is in place, or that such approvals and funding appear reasonably certain.
(9) Typical background traffic increases that are not directly related to known previously approved development.
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