Policy Statement 131

Traffic Mitigation Assistance 

Prepared by: Laura Cove, Director, Transportation and Facilities
Adopted by Council: 10/30/14
Supersedes: 12/19/13
Effective: 10/30/14 

Purpose

To offer a mechanism for “Developments” to request “Town” participation in roadway improvements as an option to a Developer Agreement.  

Coverage

A developer may request assistance with roadway improvements required to mitigate traffic generated by a development identified by a traffic impact analysis. Developments that qualify must have a technique or land use that meets at least one of the following goals of the Town: 

1. Provide a community support function,
2. Offer affordable housing,
3. A mixed use that reduces impacts, or
4. A project that has a positive tax base impact

Three types of assistance are available separately or in combination to Qualifying Developments:        

• Request for the Town to construct road improvements.
• Delays in road construction until after development takes place.
• Right of Way or easement acquisition assistance. 

Policy

After the traffic study is completed with a site plan, subdivision plan, PDD, or rezoning, the developer may then apply for assistance.  A written request shall be submitted to the Director of Transportation and Facilities.

The request shall state the name of the development, type of request, estimate of transportation development fee to be paid, and any other information required by Town Staff. The staff will make a determination if the project qualifies for assistance.

To appeal a denial of assistance, the applicant may request consideration by Town Council. For site and subdivision plans they shall be moved from Staff Approval Cycle to the Town Council Approval Cycle.  For previously approved projects, the appeal shall be forwarded to the Town Council. 

Requests for the Town to Construct Road Improvements

Only off-site road improvements are eligible.

• The cost of the improvement cannot exceed the revenue collected through Transportation Development Fees (TDF), unless, a special request is approved by Town Council.
• The improvement must be required to meet the adequate public facilities for roads ordinance.
• Estimated TDF must be prepaid to the Town for the entire project or phase, which requires the improvement prior to initiation of the project, by the Town. Building Permits shall not be issued until prepayment of the TDF is received.  

Delays in Road Construction until After Development Takes Place           

• Generally, the Town requires improvements to be functional prior to issuing a Certificate of Occupancy.
• If the road improvements cannot be completed in this time frame, a request with the estimated improvements can be submitted.
• For road improvements built by the developer, a financial guarantee must be in place prior to Certificate of Occupancy in accordance with the “Land Development Ordinance.”  

Right of Way Easement Acquisition Assistance

• After effort is made by the developer to obtain needed property, a request may be submitted.
• Request must include all contacts with owner, offers made, value determination (appraisals), deeds, plats, or other information required by staff.
• Developer must pay all cost including legal fees.
• An estimated cost is determined and the developer prepays the amount.
• An agreement is executed describing project details on Standard Form supplied by the Town.
• No obligation is made to condemn the property at this time since condemnation requires a separate vote by Town Council.