§ II. Applicability.

A.

Generally.

1)

Except as provided in subsections 3) through 7) below, a TIA is required for any major subdivision, or conditional rezoning, or portion thereof, which is expected to create fifty (50) or more peak hour vehicle trips or 500 or more daily vehicle trips. Peak hour and daily vehicle trips are those occurring on peak days on the roadway adjacent to the proposed development, based on the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, with the exception of public and private schools which will be based on the NCDOT's most current Municipal School Transportation Assistance (MSTA) School Traffic Calculator. For the purposes of determining the requirement to submit a TIA, no adjustments such as modal split, pass-by trips, and/or internal capture rates will be allowed to the site traffic calculation.

NCDOT Congestion Management's "Rate versus Equation" spreadsheet shall be used to guide site trip calculations and determine allowable pass-by percentages. Alternative trip generation rates/equations for non-standard uses may be utilized subject to Town approval. A "Determination of Need" for a TIA shall be made by the Town in accordance with the trip generation standards set forth in subsection II.A.1). (See the Town of Weddington TIA Process and Procedures Manual for additional information.)

2)

The determination of the number of trips generated also shall take into account pass-by trips, internal trip capture for MX projects (e.g., roadway and/or pedestrian connectivity) and any proposed transportation demand management system where adequate guarantees are provided by the applicant to the Town, which ensure the proposed demand management system will function as proposed for the life of the project.

3)

For redevelopment projects, including changes of use, trip generation thresholds shall be defined as the number of net new trips anticipated to be generated by the proposed development over and above the number of trips generated by the current use of the site.

4)

No TIA shall be required for special events, which either are temporary in nature, consistent with the Town Zoning Ordinance, or which generate trips that meet or exceed the thresholds set forth in subsection 1), but which do not occur during the peak hours of the roadways adjacent to the proposed development.

5)

Nothing herein shall prohibit the Town from requiring on-site or off-site improvements necessary to address traffic safety concerns created by a proposed development, regardless of whether the thresholds set forth above have been met.

6)

This Appendix shall not apply to any rights that have vested prior to the effective date of this Appendix, nor shall this Appendix be applied in a manner that would result in a taking of property.

7)

This Appendix shall not apply to any development proposal that is part of a conditional zoning plan or subdivision plan submitted prior to the effective date of this Appendix.

B.

Consecutive or Sequential Applications.

Proposed developments may not be phased or subdivided in piecemeal fashion to avoid application of this Appendix. Two or more developments represented as separate developments shall be aggregated and treated as a single development where the Administrator determines the developments to be part of a unified plan of development and physically proximate to one another, based on the following factors:

1)

There is common ownership, indicated by the fact that:

a)

The same person, company, partnership or legal entity controls the developments;

b)

The same person, company, partnership or legal entity has ownership or a significant legal or equitable interest in the developments;

c)

There is common management of the developments which controls the form of physical development or disposition of parcels of the development;

d)

There is proximity in time between the completion of 80 percent or less of one development and the submission of a development proposal for a subsequent development indicating a common development effort;

e)

The sharing of infrastructure or improvements between multiple developments;

f)

There is a common advertising scheme or promotional effort or plan for the developments; or

g)

Any other credible information gained by the Town suggesting that the project is being phased or subdivided to avoid the requirements of this Appendix.

C.

TIA Submission and Completion Requirement.

Once the Town has made a Determination of Need for a TIA, the applicant may proceed with the TIA study, in accordance with the terms of the most recent version of the Town of Weddington TIA Process and Procedures Manual, as approved by Zoning Administrator and all applicable Zoning Ordinance and Subdivision Ordinance requirements.

(Ord. No. O-2015-05, 5-11-2015)