§ 25-6-101. MITIGATION OF TRANSPORTATION IMPACTS.

(A)

In addition to requiring dedication of right-of-way under Section 25-6-55 ( Dedication Of Right-Of-Way ), the director may require an applicant to construct or fund all or a portion of system improvements required to mitigate traffic impacts of a proposed development.

(B)

If a proposed development does not require an impact analysis under Section 25-6-113 ( Traffic Impact Analysis Described ) or Section 25-6-114 ( Neighborhood Traffic Impact Analysis Described ), the director may condition approval of the application on construction or funding of system improvements as described in this subsection:

(1)

System improvements are limited to:

(a)

sidewalks and curb ramps;

(b)

traffic signs, markings, and upgrades to signal infrastructure;

(c)

traffic calming devices;

(d)

bike lanes or upgrades to bike facilities;

(e)

rectangular rapid flashing beacons;

(f)

pedestrian refuge islands;

(g)

pedestrian hybrid beacons;

(h)

urban trail improvements;

(i)

right-of-way dedications; and

(j)

measures to limit transportation demand.

(2)

System improvements required under this section must be located:

(a)

within the boundaries of the development for which they are required; or

(b)

no farther from the proposed development than:

(i)

one-quarter mile; or

(ii)

three-fourths of a mile, for an improvement required to provide access between the proposed development and a school, bus stop, public space, or major roadway as designated under the transportation plan.

(C)

If a proposed development requires a traffic impact analysis under Section 25-6-113 ( Traffic Impact Analysis ) or Section 25-6-114 ( Neighborhood Traffic Impact Analysis ), the director may require an applicant to construct or fund system improvements identified by the traffic impact analysis.

(D)

The total cost of system improvements required under this section may not exceed the lesser of:

(1)

the applicant's roughly proportionate share of infrastructure costs as established by the proportionality determination required under Section 25-6-23 ( Proportionality Of Required Infrastructure ), less the cost of any right-of-way dedication required under Section 25-6-55 ( Dedication of Right-of-Way ); or

(2)

the total cost of offsite transportation improvements identified in a traffic impact analysis approved by the director, whether or not the analysis is required under Section 25-6-113 ( Traffic Impact Analysis Required ) or submitted by an applicant voluntarily.

Source: Ord. No. 20170302-077 , Pt. 6, 3-13-17.