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<br /> <br /> <br />31 NELSON MULLINS RILEY & SCARBOROUGH LLP <br /> For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. <br /> <br />III. Transportation & Parking <br />SECTION 3-1 TRANSPORTATION - GENERAL <br /> <br />A. Standards. Any new public streets and improvements to the existing public street network will be <br />constructed to NCDOT public road standards in accordance with NCDOT requirements and guidelines, the <br />Rezoning Plan, and the standards outlined herein. <br />B. Phasing of Improvements & Development. Construction of new private streets and <br />improvements to the existing public street network may be phased subject to a phasing analysis/plan <br />approved by NCDOT, provided, however, it is understood that Section 2-4 and Table 2-4C set forth Phase <br />I level of development that is permitted upon substantial completion of the Phase I Improvements described <br />in Section 3-6 below and Phase II level of development that is permitted upon substantial completion of the <br />Phase II Improvements described in Section 3-6 below. Furthermore, Applicant may undertake subphases <br />of development within the overall Phase I level of development and Phase I Improvements, as well as <br />overall Phase II level of development and Phase II Improvements, based on appropriate traffic engineering <br />analysis conducted in accordance with applicable standards and reasonably acceptable to NCDOT and/or <br />Orange County transportation officials. Any adjustments in the level of required roadway improvements <br />shall be approved administratively. <br /> <br />C. Right of Way Availability. Within acceptable design parameters, efforts will be made to <br />accommodate offsite roadway improvements within the existing road rights-of-way. To the extent, after <br />efforts to accommodate including consideration of any alternative improvements/design changes, some of <br />the improvements may not be possible without acquisition of additional right of way, and such right of way <br />is unable to be acquired after good faith efforts of Applicant, then the applicable governmental body may <br />agree to proceed with acquisition of such needed land/right of way. In such event, Applicant shall reimburse <br />the applicable agency for the cost of any such acquisition proceedings and the compensation for the land. <br />D. Traffic Signals. All traffic signals shall be installed using metal pole construction, subject to <br />NCDOT approval. <br />E. Access Management. The developer shall identify and develop entrances and exits for pedestrian <br />and construction vehicular traffic during the development of the Project to minimize conflicts. <br />F. Traffic Control. All required regulatory, traffic control and traffic informational/directional signage <br />will be installed per NCDOT standards and requirements. <br /> <br /> <br />SECTION 3-2 ALTERNATIVE TRANSPORTATION <br /> <br />A. Development Area 6 – Future Transit Facilities. In order to support the multi-modal <br />transportation vision of the Comprehensive Plan, Development Area 6 containing <br />approximately 1.8 acres shall be reserved for possible transit shelter services to be installed <br />by others. Applicant shall cooperate in good faith with the County in the review of plans for the <br />installation by the County or other third parties of transit/bus related facilities such as bus <br />passenger shelters and appropriate access to said facilities, provided that approval of such <br />plans shall be in Applicant’s sole discretion. Given the uncertainty about the types of transit <br />facility that may be installed by others in the future, use of this parcel was not studied in the <br />TIA. <br />35