Section 3802. Scope of Chapter

3802.1 {Reserved}

3802.2 Outside a Traffic-Mitigation Zone.

A traffic-impact study is required for any proposed work outside of a Traffic-Mitigation Zone if the proposed work involves any 1 of the following:

1. an impact area that includes an intersection performing at Level of Service D or worse,

2. 50 or more dwelling units, or

3. a gross floor area that equals or exceeds:

a. for a warehouse use, 100,000 sq. ft., or

b. for any other use or combination of uses, 50,000 sq. ft.

3802.2.1. Determination of impact area.

For purposes of this § 3802.2, an impact area must include the entire area located ½ mile or less from any point on the development's property line, unless the Director, in accordance with the rules and regulations adopted under {§ 3803.1 of} this Chapter, determines that extraordinary circumstances exist that require that a larger impact area of up to 1 mile from the development's property line be considered.

3802.3 Within a Traffic-Mitigation Zone.

A Traffic-Mitigation Fee is required for any proposed new construction or change in occupancy within a Traffic-Mitigation Zone if the proposed work involves any 1 of the following:

1. 10 or more dwelling units, or

2. a gross floor area that equals or exceeds:

a. for a warehouse use, 100,000 sq. ft., or

b. for any other use or combination of uses, 50,000 sq. ft.

3802.4 DoT initial determination.

Within 20 business days after an application has been referred to the Director of Transportation under § 105.3.1.2 {"Referral to assess need for traffic-mitigation"} of this Code, the Director must review the application and notify the referring official and the applicant:

1. whether and, if so, what additional information is needed to evaluate the application, or

2. if no additional information is needed:

a. whether the proposed project is in a Traffic-Mitigation Zone, and if so,whether the developer of a project must pay a Traffic-Mitigation Fee under § 3806 {"Traffic-Mitigation Fee"} of this Chapter,

b. whether, under the criteria set forth in this § 3802, a traffic-impact study will be required, and

c. if a traffic-impact study will be required, the estimated expenses for undertaking or contracting for the study.