§ 95.36 TRAFFIC IMPACT ANALYSIS (TIA).
   (A)   Intent. A traffic impact analysis (TIA) is intended to identify the transportation impacts which are likely to be generated by a proposed use and to identify improvements required to ensure safe ingress to and egress from a proposed development, maintenance of adequate street capacity, and elimination of hazardous conditions.
   (B)   Applicability. A TIA shall be required in the following cases:
      (1)   Any use, re-use, expansion, or new development that at its access point will generate, or add more than 60 peak hour trips.
      (2)   The development is expected to reduce the level of service (LOS) on adjacent roadways and/or intersections to below a level of service below D, as noted or defined in the Highway Capacity Manual; as determined by the Village Administrator or designee.
      (3)   Any use that due to its size, density, traffic generation rates, or location can reasonably be expected to create traffic issues, as determined by the Administrator or designee are required to submit a TIA. As determined by the Village Administrator or designee.
   (C)   Contents of a TIA. The TIA shall be prepared and certified by a professional engineer and shall include, at a minimum, the following data and information. Information and statistics required by this section may, when available, be obtained from the village.
      (1)   Study area. The minimum study area shall include all proposed and existing site access locations and major intersections (signalized and unsignalized) adjacent to the site. Depending on the overall size of the development, as well as the nature of the development, the Administrator may require that additional areas be included in the study, based upon, but not limited to, local or site-specific issues, local policy, and impacts that are likely to occur to residential areas. Final determination of the study area shall be agreed upon by the Administrator and the developer.
      (2)   Existing conditions. The report shall contain information clearly describing, in written or graphic form, the existing and proposed conditions including:
         (a)   The proposed land use of the site and anticipated stages of construction;
         (b)   The existing street system including major intersections, ingress and egress locations, roadway and right-of-way widths, traffic signals and traffic control devices and public transportation facilities;
         (c)   Any proposed changes in the street system; and
         (d)   The highest average peak hour volume for any weekday hour between 3:00 p.m. and 6:00 p.m.
      (3)   Development impact. The report shall include information on the average weekday trip generation rate (trip ends) and the highest average hourly weekday trip generation rate between 3:00 p.m. and 6:00 p.m. for the proposed use as determined from figures provided by a professional engineer.
      (4)   Determination of the capacity of the roadway.
         (a)   Data and procedures contained in the Ohio Department of Transportation's Access Management Manual (latest edition) and ITE Trip Generation Manual (latest edition) shall be utilized to calculate the level of service of roadways as required for this TIA. Roadway service volumes shall be calculated at level of service D for roads identified as collectors.
         (b)   All collector roadways operating below level of service D (inclusive of levels E and F) shall be identified as congested locations.
      (5)   Conclusions. The projected total future peak hour traffic demand shall be calculated for all roads fronting on a proposed site and all intersections within the study area. This demand shall consist of an assumed normal increase of traffic volume of 1% per year (or the Lima Allen County Regional Planning Commission projections, whichever is less) and the anticipated traffic that will be generated by the proposed development. An analysis shall be undertaken to determine if roadways and intersections will operate at the appropriate level of service following completion of the development, given the future peak hour traffic that will be generated by the proposed development. This analysis consists of the comparison of the total future peak hour intersection and roadway traffic demand with the service volumes for level D computed in division (C)(4) above. All roadways and intersections that would operate below the required level of service following completion of the development shall be considered deficient.
   (D)   Mitigating traffic impacts. If the TIA results in the conclusion that the level of service of adjacent roadways and/or intersections is or will become deficient prior to the proposed development and will not be able to accommodate the increased traffic load generated by the proposed development, any or all of the following mitigating steps may be required, at the developer's expense, by the Administrator or designee. The Administrator or designee shall make their determination prior to approval of a site plan or zoning permit.
      (1)   Limitation of the number and/or location of access points;
      (2)   Design of access points to prevent certain turn movements;
      (3)   Dedication of and/or improvement to the right-of-way abutting the development of improvements in the immediate vicinity of the development to add turn lane, through traffic lanes or allow redesign of intersections or access points to accommodate additional traffic or turning movements;
      (4)   Installation of traffic signals or other traffic control devices as may be warranted by the Ohio Manual of Uniform Traffic Control Devices (OMUTCD).
      (5)   Development of the site at a lower intensity than originally proposed.
   (E)   Responsibility for improvements. The developer shall be responsible for all proposed improvements. The responsibility includes (but not limited to) planning, financial commitment, and construction of the proposed improvements. Additionally, the developer will be required to provide a performance bond in the amount of the proposed project's final engineers estimate plus a minimum of 20% (total amount of performance bond shall be a minimum of 120% of project estimate). Furthermore, right-of-way dedication shall be required in all cases.
   (F)   Appeals procedure.
      (1)   Any and all appeals from the Village Administrator's decision may be taken by any person aggrieved by any decision of the Administrator or designee to the Village of Bluffton, Ohio's Board of Building and Zoning Appeals.
      (2)   Such appeal shall be taken within 20 days after the decision, by filing with the Village of Bluffton, a written notice of appeal specifying the grounds thereof and otherwise comply with the appeals process set forth in Article 26 of the Zoning Ordinance.
      (3)   The Administrator or designee shall review the appeal and take into consideration the grounds of the appeal. If, upon review of the grounds of the appeal, the Village Administrator or designee and the appealing party can craft a solution that addresses the appeal, then, the Village Administrator and the party appealing shall sign a document setting forth the solution and file the same with the records of the village and the appeal shall be dismissed.
      (4)   If an equitable solution to the appeal is not reached, the matter will be forwarded to the Board of Building and Zoning Appeals for hearing and decision. The Board of Building and Zoning Appeals shall conduct a public hearing on the appeal. The Board of Building and Zoning Appeals shall reduce their decision in writing signed by Chair of the said Board. Further appeals, if any, shall be had, according to law, with the Common Pleas Court of Allen County, Ohio.
(Ord. 11-18, passed 1-14-2019)