POLICY STATEMENT 45

Prepared by:              Laura Cove, Director of Transportation and Facilities Department
Supersedes:              7/13/1989
Adopted by Council: 10/30/14
Effective:                    10/30/14

Purpose 

The purpose of this policy is to clarify the requirements of the Town in regard to the required construction of thoroughfare improvements by developers.

Coverage 

This policy shall apply to all projects for which a building permit is obtained after September 1, 1989.  This policy shall apply to any development of property located in the Town limits of the Town of Cary or within the Extraterritorial Jurisdiction of the Town of Cary.

Policy 

The Town Council of the Town of Cary does hereby establish the following policies regarding the requirement of developers with regards to transportation system improvements. 

1.         The Town Council adopted a Transportation Development Fee Ordinance on May 11, 1989, with an effective date of September 1, 1989.  This fee shall be collected for proposed new construction and shall be computed in conjunction with the application for a building permit or business license where a building permit or certificate of occupancy is not required.

2.         Developments which have previously dedicated right of way and constructed thoroughfare improvements beyond the requirements of a collector street (35 foot curb and gutter roadway) may apply for offsets in accordance with the Transportation Development Fee Ordinance.  Such offsets must be applied for prior to November 11, 1989, and may be used to offset the transportation development fee for development occurring in the project for which the right of way dedication and road improvements were required.

3.         Development occurring adjacent to a street designated as a thoroughfare on the Town thoroughfare plan shall dedicate the additional right of way in accordance with the thoroughfare plan.  The dedication of right of way shall be through a “Developer Agreement” in accordance with the offsets, or other appropriate compensation to the developer for this right of way in excess of the right of way required for a collector street.

4.         Development occurring adjacent to a thoroughfare designated on the Town thoroughfare plan will be evaluated by the Department of Transportation and Facilities with regards to any improvements to the thoroughfare needed as a part of the development.  The Department of Transportation and Facilities may recommend such improvements as a part of the development through a “Developer Agreement” in accordance with the ordinance which would provide for cash reimbursements, offsets, or other appropriate compensation to the developer for the improvements in excess of a collector street.  All improvements shall be constructed in accordance with the latest revision of the Town of Cary Standards Specifications.  Plans and specifications for the improvements must be reviewed and approved by the Town of Cary and shall be publicly bid in accordance with North Carolina General Statutes.

5.         Any development which would generate 1,000 or more vehicular trips per day shall submit with the initial development application a traffic impact study in accordance with the Transportation Development Fee Ordinance.