3.24.1 Street Closing
A. General
1. For the purposes of this section, a “street closing” application shall be considered an application to permanently close a public right-of-way in the City or County performed pursuant to NCGS §160A-299 or 153A-241, applicable NCDOT regulations, Sec. 51 of the City of Durham Charter, Secs. 62-17 and 62-18, and this section.
2. The governing bodies are the approving authority for the permanent closing of a public street or alley, or other public right-of-way.
3. A request to close a public right-of-way may be initiated by any person, 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 Requirements, and Sec. 62-17 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 parcel to lack frontage along a public right-of-way.
b. How the parcels are accessed other than from the closed right-of-way, if applicable.
c. How the closing of the right-of-way impacts current or potential connectivity within a development 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-way.
D. Action by the Planning Director
1. Review of Application
After receiving the application, the Planning Director or designee, along with other applicable agencies, 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 alley 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 roads within City jurisdiction. Approval by NCDOT removes the roads 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-way 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 Sec. 51 and Sec. 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-way not under NCDOT control:
(1) The City Council shall set a public hearing date in accordance with City Charter Sec. 51 and Sec. 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-way 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-way from its maintenance list. Consent shall be obtained prior to setting a public hearing date.
Commentary: This action is needed for improved and maintained roads within the County. Approval by NCDOT removes the roads 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
Appeal from final action can be taken by filing a petition for certiorari with the Durham County Superior Court.
G. Recordation
The approved order and plat for a closing that has not been appealed, or has survived appeal, shall be recorded at the applicable Register of Deeds.