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(A) If any person believes that his or her proposed construction is unique in the traffic impacts that it will generate, such person may request that the Town perform an individual assessment of the traffic impacts of the proposed construction. Such person shall pay to the Town, in escrow, a sufficient fee to pay the cost of obtaining such assessment from a professional engineer selected and hired by the Town. The Town shall then obtain the services of the professional engineer to perform the assessment, paying the engineer from the escrow account and remitting the balance to the person requesting the assessment. The Town Council shall, at a public hearing, consider the request of the applicant to pay the fee based on the individual assessment. The Town shall assess the fee based on the individual assessment if the Town Council finds that:
(1) The proposed construction is in fact so unique that the application of the fee schedule adopted by the Town would result in the collection of a fee that is not proportionate to the traffic impact of the proposed construction;
(2) There is a difference between the fees computed under the fee schedule and the fees computed in accordance with the individual assessment of at least $5,000.00 or five percent of the total fees computed under this chapter, whichever amount is greater.
(B) The professional engineer to perform each individual assessment shall be selected by the Town Manager or his or her designee from a list of qualified engineers maintained by the Town. The list shall contain the names of at least three engineers or engineering firms, and shall be updated regularly and approved by a committee appointed by the Mayor and Town Council. The Town Council reserves the right to dispute the assumptions, methodology, or conclusions of individual assessments. An individual assessment may take into consideration such factors as internal capture of trips in mixed use projects and higher rates of pass by trips than indicated by ITE if supported by reliable local data.
(C) Fees computed under this section shall be computed in dollars per dwelling unit (for residential uses) or typically dollars per 1,000 square feet of non-residential floor area (for non-residential uses), using the following demand driven system formula(e):
DEVELOPMENT FEE PER UNIT = UNIT COST – CREDIT: where
UNIT COST = (Average Trip Rate X Average Trip Length X Percent New Trips)
divided by (
CREDIT = (Vehicle User Taxes and Fees X Capital Allocation X Annual Travel Miles, divided by Fuel Consumption X Present Value Factor) + (Bond Debt Retirement X Present Value Factor) X reduction Factor.
(D) For purposes of making an individual
assessment of road impacts, the following definitions apply:
(1) Annual travel miles: The average number of vehicle miles traveled per year for a given land use based upon the average daily trip rate (ADT) of the use times its trip length.
(2) Average trip rate: The peak hour vehicle trip generation rate.
(3) Bond debt requirement: The percentage of property tax revenues used to retire currently outstanding general obligation bonds for roads.
(4) Capital
allocation: The
percentage of all collected vehicle user taxes and fees spent by the
State of
(5) Fuel consumption: The average number of miles driven by each vehicle for each gallon of gasoline consumed.
(6) Lane-mile capacity: The number of vehicles which can be accommodated on one lane mile of roadway in a single peak hour at the lowest level of service.
(7) Lane-mile cost: The cost to acquire right-of-way and construct improvements for one lane of thoroughfare for a distance of one mile in the Town, as determined from the records of the Town of the actual cost of similar projects.
(8) Present
value factor: The value
of future payments after they have been adjusted to a base period by
applying a discount rate, which is an interest rate expressed in terms of
percentage per annum, over an extended period of time relating to the
life of the road facility. Said
interest rate shall be the Town of
(9) Reduction factor: A factor set forth in the fee schedule which may reduce the amount of the transportation development fee.
(10) Vehicle
use fees and taxes: The
amount of taxes and fees paid by motorist for fuel purchases to the State
of
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