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(A) Issuance of CAPFR
The Engineering Director shall issue a CAPFR if he concludes that adequate service levels for roads as described in Section 3.23.3, Level of Service and Establishment of Transportation Zones, will be maintained. For purposes of this section, service levels will be "maintained" by the proposed development if, at the time the CAPFR is sought, it reasonably appears that, considering the results of traffic analysis, service levels will not drop below the standards set forth in Section 3.23.3. The CAPFR issue date will be the same date as the approval date of the project as referenced in 3.23.2 (B).
(B) Timing of Required Improvements
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 90 percent plans as defined by NCDOT for the projects have been approved unless otherwise approved by the Town Council.
(2) If the improvements are to be constructed by the developer, no certificate of occupancy will be issued for the project until the improvements have been completed. If there is a reasonable expectation for completion, required improvements may occur after certificate of occupancy if plans have received approval by the Town and the improvements have been secured by a financial security method meeting the Town requirements.
(3) Notwithstanding the above, if a portion of a development project can be accommodated at the specified level of service for the zone prior to the need for the improvement based upon the traffic analysis, certificates of occupancy may be issued for that portion of the development project prior to the requirements set forth in (A) and (B) above.
(C) Alternatives for Addressing Required Improvements
If the TIA concludes that a CAPFR cannot be issued in accordance with the provisions of this Section because of inadequate road facilities within the study area, then the developer may then choose to:
(1) Delay the development until the necessary improvements are constructed by the Town or the State;
(2) Construct the necessary improvements,
(3) Enter into an agreement with the Town to participate financially in the cost of the improvements in order to accelerate their construction, or
(4) Scale the project down so that it meets the standards of this Section 3.23 or is entitled to an automatic certification under the provisions of Section 3.23.2 Requirements for Certificate of Adequate Public Facilities for Roads. If the agreement alternative is chosen, the applicant must secure the participation of the Town in the required improvements prior to site and/or subdivision plan approval.
(D)
(1) If the existing intersection configuration already meets the intent of the Thoroughfare Plan, a waiver may be granted because continued road widening will have a negative impact on the community. Intent of the Thoroughfare 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 or equal to 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.
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