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O. Validity ofTIA Residential Projects . A TIA shall be valid for a period of two (2) years from the date of the preliminary approval by the Planning and Zoning Commission. Commercial Projects . In the case of commercial projects, if a preliminary plat is required for the project, the TIA shall be valid for a period of two (2) years from the date of the preliminary plat approval by the Planning andZoning Commission. . In the event a preliminary plat is not required for the project and the project is subject to site plan review only, theu the TIA shall be valid for a period of two (2) years from the date of site plan approval by Cabarrus County Zoning Services. Mixed Use Projects . Where Mixed Use projects are proposed, the TIA shall be valid for a period of two (2) years from the date of preliminary plat approval by the Planning and Zoning Commission or site plan approval by Cabarrus County Zoning Services, whichever occurs fIrst. SECTION 2: Improvements Required (Projects Not Requiring TIA) If a project does not require a TraffIc Impact Analysis to be performed, the developer/project owner is not exempt from completing improvements to mitigate the impacts of the proposed project. For the project to take place, highway infrastructure improvements may be necessary. For example, improvements may be needed for safe and effIcient traffIc operations if there are high roadway and/or turning volumes of traffIc, when the roadway speeds are moderate or high or where limited sight distance exists. A. Infrastructure Improvements Defined Highway infrastructure improvements include, but are not limited to: . additional through lanes . acceleration lanes . turn lanes and tapers for left and right turns associated with a driveway connection. As set forth in G.S. 136-18(29), the fInal determination for the need, extent, location and design of turn lanes is the responsibility of the NCDOT. The NCDOT may require the applicant to provide offsite roadway improvements on public facilities in order to mitigate any negative traffic impacts created by the proposed development. Boundaries for offsite improvements, including intersections and public roadways to be considered, will be determined by the District Engineer in cooperation with Cabarrus County. B. Right-Of-Way Acquisition When adequate right-of-way does not exist to provide for the required offsite improvements necessary to maximize the safety of the traveling public, the applicant shall secure the needed right-of-way. Ifthe applicant is unsuccessful in obtaining the needed right-of-way and has demonstrated a "good-faith effort," the NCDOT may, but shall not be required to, utilize its power of eminent domain to secure adequate right- of-way to contain the required improvements. At a minimum, a "good-faith effort" shall consist of a copy , of a certifIed letter to all affected property owners and all responses received from those property owners. The applicant shall provide copies of the documentation sent to affected property owners and any responses received to Cabarrus County Planning Services for the project fIle. In the event the ROW acquisitions services ofNCDOT are required for the project, the applicant shall be required to reimburse all costs incurred by NCDOT to acquire the additional right-of-way. C. Local Transportation Plans and Future Right-Of Way In conjunction with the driveway request, the NCDOT and/or Cabarrus County may require the applicant to reserve or dedicate minimum right-of-way needs as identifIed by local govenunent transportation plans for the state-maintained roadway along the property frontage. This may require that the driveway design and internal circulation be compatible with the future right-of-way location. 1:::-_/ CA.) Page 5 of6