Sec. 3.24. Street Closing/Withdrawal

The purpose of this section is to establish the process for requesting the permanent closing of public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or withdrawal of dedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

Commentary: For the temporary closing or blocking of streets within the city, see Durham City Code Article VII, Temporary Closing or Blocking of Streets. For state rights-of-way and within the county, refer to the North Carolina Department of Transportation (NCDOT).

3.24.1. Street Closing

A. General

1. For the purposes of this Ordinance, a “street closing” application shall be considered an application to permanently close a public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. in the City or County performed pursuant to NCGS §160A-299 or §153A-241, applicable NCDOT regulations, Sec. 51 of City of Durham Charter, Secs. 62-17 and -18 of the Durham City Code, and this Ordinance.

2. The governing bodies are the approving authority for the permanent closing of a public street or alleyClosed A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., or other public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

3. A request to close a public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. may be initiated by any personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity., entity, or organization.

B. Pre-Application Conference

The applicant(s) applying for a closing shall schedule a pre-application conference in accordance with paragraph 3.2.2, Pre-Application Conference.

C. Application Requirements

1. A street closing application shall be submitted to the Planning Department.

2. A street closing application shall be submitted pursuant to paragraph 3.2.4, Application Requirementss, and Secs. 62-17 of the City of Durham Code of Ordinances if within the city jurisdiction.

3. The following shall also be addressed by the applicant for a street closing application:

a. The closing does not cause a parcelClosed See “Lot of record.” to lack frontage along a public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

b. How the parcelsClosed See “Lot of record.” are accessed other than from the closed right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., if applicable.

c. How the closing of the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. impacts current or potential connectivity within a developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or neighborhood.

d. The circumstances that warrant the closing if connectivity is negatively impacted.

e. A discussion of the public interest in closing the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

D. Action by the Planning Director

1. Review of Application

After receiving the application, the Planning Director or designee, along with other applicable agenciesClosed A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., shall be responsible for review and recommendation regarding closing requests.

2. Public Hearing Notification

The Planning Director or designee shall schedule a public hearing and give public notice as set forth in NCGS §160A-299 or §153A-241, Durham City Charter Secs. 51 and 62-18, and this section and paragraph 3.2.5, Notice and Public Hearings, as applicable.

E. Action by the Governing Body

1. Within the City 
a. Right-of-Way under NCDOT Control

Pursuant to NCGS §160A-299, no street or alleyClosed A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. under the control of the North Carolina Department of Transportation (NCDOT) may be closed without the NCDOT consent.

Commentary: This action is needed for improved and maintained roadsClosed See “Street, Public” and “Street, Private.” within City jurisdiction. Approval by NCDOT removes the roadsClosed See “Street, Public” and “Street, Private.” from its list for maintenance.

(1) In order to request consent, a resolution from the City Council shall be sent to the NCDOT requesting removal of the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. from its maintenance list. Consent shall be obtained prior to setting a public hearing date.

(2) Once NCDOT has granted this request, City Council shall set a public hearing date in accordance with City Charter Secs. 51 and 62-18.

(3) Before taking action on a street closing, the governing body shall consider the recommendations of the Planning Director or designee, and shall conduct a public hearing.

b. All Other City Public Right-of-Way

For public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. not under NCDOT control:

(1) The City Council shall set a public hearing date in accordance with City Charter Secs. 51 and 62-18.

(2) The City Council shall consider the recommendations of the Planning Director, or designee, and shall conduct a public hearing prior to taking final action on the request.

2. Within the County

Pursuant to NCGS §153A-241, closure of public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall require consent by NCDOT.

a. In order to request consent, a resolution from the Board of County Commissioners shall be sent to the NCDOT requesting removal of the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. from its maintenance list. Consent shall be obtained prior to setting a public hearing date.

Commentary: This action is needed for improved and maintained roadsClosed See “Street, Public” and “Street, Private.” within the County. Approval by NCDOT removes the roadsClosed See “Street, Public” and “Street, Private.” from its list for maintenance.

b. Once NCDOT has granted this request, the Board of County Commissioners shall set a public hearing date so that notice of such hearing shall be published once a week for four successive weeks prior to the hearing date.

c. The Board of County Commissioners shall consider the recommendations of the Planning Director or designee, and shall conduct a public hearing prior to taking final action on the request.

F. Appeal

AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from final action can be taken by filing a petition for certiorari with the Durham County Superior Court.

G. Recordation

The approved order and platClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. for a closing that has not been appealedClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., or has survived appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., shall be recorded at the applicable Register of Deeds.

3.24.2. Right-of-Way Withdrawal

A. Applicability

1. For the purposes of this Ordinance, a “right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. withdrawal” application shall be considered an application to permanently withdraw a public right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. in the City or County performed pursuant to NCGS §136-96, applicable NCDOT regulations, applicable charter provisions for the city of Durham, and this Ordinance.

2. If the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. does not qualify for withdrawal, then closing of the right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be performed through the street closing process pursuant to paragraph 3.24.1, Street Closing.

B. Application

1. An application for withdrawal shall be submitted in accordance with paragraphs 3.2.4, Application Requirementss, and 3.6.8, Final PlatClosed The final map of all or a portion of a subdivision which is presented for final approval. Approval.

2. An application for withdrawal for right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. under control of NCDOT shall also be processed and approved in accordance with the regulations established by NCDOT for such a request.

C. Action by the Planning Director

The Planning Director or designee shall review applications for withdrawal pursuant to the requirements of this section, NCGS §136-96, and Durham City Charter Sec. 51.2, as applicable.