Article 14.2 - Applicability

14.2.1 Generally

a) A TIA is required for any development, or portion thereof, which is expected to create fifty (50) or more peak hour vehicle trips or five hundred (500) or more daily vehicle trips except as provided in subsections (c) through (g) below. Daily trips are those occurring on peak days on the roadway adjacent to the proposed development, based on the current edition of the ITE (Institute of Transportation Engineers) Trip Generation Manual, with the exception of public and private schools which will be based on NCDOT's most recent MSTA School Traffic Calculator. Alternative trip generation rates/equations for non standard uses may be utilized subject to Town Engineering staff approval.

b) The determination of the number of trips generated also shall take into account pass-by trips, internal trip capture for integrated mixed use 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. In addition, if the proposed development is designed and integrated with an adjacent mixed use project, a credit for trips may be permitted.

c) 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.

d) Where a development is expected to generate less than 50 peak hour trips, but is anticipated to adversely impact intersections within the Town, a TIA may be required as determined by the Town Engineer.

e) 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 of exceed the thresholds set forth in (a), but which do not occur during peak hours of the roadways adjacent to the proposed development.

f) A "Determination of Need" for a TIA shall be made by the Town in accordance with the trip generation standards set forth in subsection 14.2.1 (See the Town of Huntersville TIA Process and Procedures Manual for addition information).

g) 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.

h) The provisions of the Article shall not be interpreted or deemed to affect any rights that have vested prior to the effective date of this Article, nor shall any provision of the Article be applied to a specific property or applicant in a manner that would result in a taking of property.

i) The provisions of this Article shall not apply to any development proposal that was part of a conditional zoning plan or subdivision plan submitted prior to the effective date of this Article.

14.2.2 Consecutive or Sequential Applications

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

a) There is unified ownership, indicated by the fact that:

1) The same person has retained or shared control of the developments;

2) The same person has ownership or a significant legal or equitable interest in the developments; or

3) There is common management of the developments controlling the form of physical development or disposition of parcels of the development.

b) There is a reasonable closeness in time between the completion of eighty (80)% or less of one development and the submission to the Town of a development proposal for a subsequent development that is indicative of a common development effort.

c) The voluntary sharing of infrastructure that is indicative of a common development effort or is designated specifically to accommodate the developments.

d) There is a common advertising scheme or promotional plan in effect for the developments.

e) Any information provided by the applicant that the project is not being phased or subdivided to avoid the requirements of this Article.

14.2.3 TIA Submission & 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 Huntersville TIA Proccess and Procedures Manual, as approved by the Town Engineer and all applicable Zoning Ordinance and Subdivision Ordinance requirements. the draft TIA shall be submitted to the Town Staff 30 days prior to either the Town Board Public Hearing (for rezoning cases) or the Planning Board meeting (subdivisions). Resubmittals of TIAs are to be received a minimum of 20 business days prior to the scheduled Town Board final action. The final sealed TIA shall be completed and accepted by Town staff prior to final action by the Town Board or permit issuing authority.

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