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A. Applicability

1. For the purposes of this article, a “right-of-way withdrawal” application shall be considered an application to permanently withdraw a public right-of-way in the City or County performed pursuant to NCGS §136-96, applicable NCDOT regulations, applicable charter provisions for the City of Durham, and this article.

2. If the right-of-way does not qualify for withdrawal, then closing of the right-of-way 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 Requirements, and 3.6.8, Final Plat Approval.

2. An application for withdrawal for right-of-way 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.