Section 3804. Traffic-Impact Study

3804.1 Scope of section.

This § 3804 is applicable to all proposed projects located outside of a Traffic-Mitigation Zone.

3804.2 How conducted.

3804.2.1 By DoT or consultant.

The Department of Transportation may itself undertake the study or contract with independent consultants for the study, as the Director considers necessary or appropriate.

3804.2.1.1 Consultant conflicts.

For a consultant to be eligible to undertake a Traffic-Impact Study, the consultant must certify to the Director, in the manner prescribed by the Director, that the consultant is free of any conflicts of interest.

3804.2.1.2 Conflict defined.

For purposes of this § 3804.2, a "conflict of interest" is defined as any consultant having materially participated in the development of the

application or having worked for the applicant on any application within the prior 24 months.

3804.2.2 Scope of study.

The area and scope of each study is to be determined by the Department of Transportation, in accordance with the rules and regulations adopted under § 3803 {"DoT rules and regulations"}.

3804.2.2.1 Minimum area of study.

The area of a study required under this § 3804 must not be smaller than the impact area of the project, as determined using the method described in § 3802.2.1 {"Determination of impact area"}.

3804.3 Expenses.

All reasonable expenses incurred in undertaking or contracting for the study must be paid by the applicant, and will be imposed and collected as provided in § 118 {"Liability for Expenses..."} of this Code for fees and service charges.

3804.3.1 Initial payment.

Before the study begins, the applicant must pay the expenses estimated under § 3802.4 {"DoT initial determination"}.

3804.3.2 Balance.

After the study is completed, but before any permit may be issued, the applicant must pay any difference between the initial amount paid under § 3804.3.1 and the actual expenses incurred for the study.

3804.3.2.1 Refund.

After the study is completed, subject to appropriation by the Board of Estimates, the applicant is entitled to a refund of any payments made under § 3804.3.1 that exceed the actual expenses incurred for the study plus a reasonable service charge.

3804.4 Applicant's option on delay.

If the Traffic-Impact Study is not completed within 60 business days after the initial payment is made under § 3804.3.1:

1. the applicant may proceed to contract for the Traffic-Impact Study with a consultant selected from a list of consultants prequalified by the Department of Public Works' Office of Boards and Commissions; and

2. subject to appropriation by the Board of Estimates, the applicant is entitled to a full refund of all fees paid to the City for the uncompleted Traffic-Impact Study.

3804.5 Mitigation.

The applicant and the Department of Transportation must negotiate in good faith to determine who must pay for and undertake the actions necessary or appropriate to mitigate the adverse traffic impacts identified in the Traffic-Impact Study. If no agreement is reached, the application is not approved.