Sec. 14-366. - Traffic impact analysis (TIA).
   (1)   Purpose: Johnston County is committed to maintaining and improving the quality of life for current and future citizens. A major factor affecting the quality of life has become traffic congestion along the county's major thoroughfares and local streets within urbanizing areas. By requiring a traffic impact analysis (TIA), the county can evaluate the effect proposed development will have on the county's existing traffic system and enable the county to require specific improvements. The intent of this section is to provide developers with a clear policy as to the county's TIA expectations and to ensure that all developments are treated equally through the establishment of specific guidelines and improvement requirements.
   (2)   Requirement thresholds:
   (a)   Residential subdivision proposing 100 lots/units or more.
   (b)   Nonresidential subdivision proposed which generates an average daily traffic count of 1,000+ vehicles per day or 100+ trips during peak hour of generator. This traffic count must be based on the latest version of the Institute of Transportation Engineers (ITE) Trip Generation Manual.
   (c)   Any residential or nonresidential development requiring a special use permit or site plan approval which generates an average daily traffic count of 1,000+ vehicles per day or 100+ trips during peak hour of generator. This traffic count must be based on the latest version of the Institute of Transportation Engineers (ITE) Trip Generation Manual.
Note #1: The count is cumulative; as a proposed development reaches the threshold, a TIA will be required for the entire development. As new phases are proposed and once a development has reached the threshold, an additional TIA will be conducted for each additional phase.
Note #2: Failure to meet all requirements listed within this section may constitute disapproval of the development request.
   (3)   Retention of expert assistance and reimbursement by applicant 
   (a)   The county shall hire a consultant and/or expert necessary to assist the county in preparing, reviewing, and evaluating the traffic impact analysis, and at the request of the county may be asked to look at other specific issues.
   (b)   An applicant shall deposit with the county funds sufficient to reimburse the county for all reasonable costs of consultant and expert evaluation and consultation to the county in connection with the performance and review of any analysis. The initial deposit shall be established by the county and may be changed within the discretion of the county. These funds shall be deposited at the time the subdivision application is submitted and the county will maintain a separate escrow account for all such funds. The county's consultants/experts shall bill or invoice the county no more frequently than monthly for its services in reviewing the application and performing its duties. The applicant shall immediately, upon notification by the county, replenish said escrow account so that it has a balance established by the county and may be changed within the discretion of the county. Such additional escrow funds shall be deposited with the county before any further action or consideration is taken on the subdivision application. In the event that the amount held in escrow by the county is more than the amount of the actual billing or invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. All invoices submitted by the applicant shall be itemized and be public records available for inspection.
   (c)   The total amount of the funds needed as set forth above may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the county or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as reasonably required and requested by the county, shall be paid by the applicant. However, notwithstanding any other provisions of this section, if the total amount paid to the consultant exceeds $7,500.00 for a single application, such amount shall be subject to review and approval by the county commissioners at the request of the applicant.
   (d)   The developer may have a TIA conducted by a consultant of his or her choice but will be required to be submitted for review and evaluation by the County's consultant. Any cost associated with the County's review shall be paid by the developer as described in subsections (3)(b), (c).
   (4)   Traffic impact analysis guidelines. All traffic impact analyses shall be completed in accordance with the guidelines listed in section 10 of the Johnston County Design Manual.
   (5)   Improvement requirements. 
   (a)   Left turn lane, right turn lane, and/or right turn taper. Based on requirements of the NCDOT Driveway Manual or other NCDOT standards.
   (b)   Additional right-of-way. If a subject development falls along a road projected to be widened by NCDOT or an adopted county plan, additional right-of-way along the development's road frontage shall be dedicated as deemed acceptable by NCDOT.
   (c)   Offsite improvements. If a road segment or intersection is currently performing at level of service (LOS) D or better and is projected to perform at LOS E or F at the time of build-out, improvements must be made to maintain the road segment or intersection at LOS D. If a road segment or intersection is currently performing at level of service (LOS) E or F and is projected to continue to perform at LOS E or F at the time of build-out, the TIA shall demonstrate how an LOS D could be achieved and also specify what improvements must be made to ensure that the road segment or intersection is not degraded any further than the current levels.
   (d)   Other necessary improvements. Additional improvements may be required based on the TIA recommendations related to topographic/environmental conditions, sight distance, street offsets, conflicting movements, existing traffic accident counts, circulation, and other potential traffic issues resulting from the proposed development. Additionally, the planning board may determine that additional improvements are necessary to ensure the safety and welfare of the county's citizens and travelers.
(Amend. of 11-8-2004; Amend. of 02-03-2010(2))