To approve the traffic impact permit, the Planning Commission and Town Council must make one of the following findings.
(A) The project’s average daily traffic, when added to the existing daily traffic, plus projected traffic, will not cause the performance of intersection of roadway linkages to fall below the acceptable level of service or otherwise further reduce the system performance if it is already below the acceptable level of service; nor will it cause a significant degradation in service levels for impacted intersections at their peak traffic periods.
(B) (1) The traffic impact mitigation plan approved by the Planning Commission and Town Council will adequately mitigate the project’s adverse traffic impacts.
(2) This plan is consistent with the goals and objectives of the Fairfax general plan or applicable specific plans and the intent of the zoning district in which the project is situated, and of this chapter.
(C) The project’s average daily traffic will not increase the traffic volume on any roadway segments or intersection approaches of the town’s principal circulation system by more than one percent or by more than 100 vehicles, whichever is less.
(D) The project will provide an overriding public benefit that will sufficiently offset its adverse traffic impacts. Any affirmative decision of the Planning Commission or the Town Council based upon this finding must be approved by a five-sevenths majority of the Planning Commission and a four-fifths majority of the Town Council. The grounds for making this finding must be set forth in the approving motion.
(E) The traffic impact mitigation plan approved by the Planning Commission and Town Council will adequately mitigate the project's adverse traffic impacts but no transportation impact fee or in-lieu fee for traffic impact mitigation will be levied because the project will provide affordable housing for lower income households, either through the town’s density bonus program or with a minimum of ten percent of the units reserved for lower income households, and only physical improvements directly related to access to the project site for vehicles, bicycles, and pedestrians and reasonable off-site improvements needed to mitigate impacts on the town’s street systems, such as intersection designs, signalization, turn or deceleration lanes and the like (e.g., bike path systems and the like) and maintain acceptable levels of service shall be required to offset identified traffic impacts. A deed restriction shall be recorded against the property that runs with the land for 55 years to ensure affordability for lower income units that is approved by the Town Attorney and Town Council shall be required as a condition of approval of a traffic impact permit.
(Prior Code, § 17.30.110) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986; Am. Ord. 885, passed 11-1-2023)