(A) Reservation of right-of-way. The orderly development of land is dependent upon the protection of existing and proposed major roadways in the town. The provisions of this section are intended to provide for the reservation of right-of-way for such roadways under appropriate conditions.
(1) Reservation under the roadway corridor official map act. Pursuant to authority granted by G.S. Ch.136, Art. 2E, the town or the NCDOT may from time to time adopt, amend, supplement or change a roadway corridor official map for any streets or roadways identified on the town’s thoroughfare plan.
(a) After a roadway corridor official map is filed with the Register of Deeds, no building permit shall be issued for any building or structure or part thereof located within the roadway corridor, nor shall approval of a subdivision be granted with respect to property within the roadway corridor. The provisions of this section shall not apply to valid building permits issued prior to the effective date of this section or to building permits for buildings and structures which existed prior to the filing of the roadway corridor, provided the size of the building or structure is not increased and the type of building code occupancy is not changed.
(b) No application for building permit issuance or subdivision plan approval shall be delayed by the provisions of this section for more than three years from the date of the original building permit or subdivision plan submittal.
(2) Setbacks for existing roadways. Applicants for development authorization for parcels adjoining existing roadways identified on the town’s thoroughfare plan shall propose locations for structures and other improvements which do not encroach upon the proposed rights-of-way listed in such plan.
(3) Variances. A variance from the provisions of this section may be granted by the Board of Adjustment or by Town Council, as appropriate, upon demonstration (a) that the requirements of this section result in practical difficulties or unnecessary hardships and (b) that no reasonable return may be earned from the land. For purposes of determining whether any reasonable use may be earned, the entire parcel will be considered, not just that portion lying within the bounds of the existing or proposed roadway.
(B) Dedication of right-of-way with density transfer. Whenever a tract of land located within the planning jurisdiction of the town is proposed for a use requiring development authorization under §§ 152.050 - 152.062 herein and a portion of it is embraced within a corridor for a street or highway on a plan established and adopted pursuant to G.S. § 136-66.2, the town may require the applicant to dedicate for street or highway purposes the right-of-way within such corridor. If the town elects to require such dedication it shall allow the applicant to transfer density credits attributable to the dedicated right-of-way to contiguous land owned by the applicant. No dedication of right-of-way shall be required pursuant to this section unless the entity granting development authorization shall find, prior to the grant, that the dedication does not result in the deprivation of a reasonable use of the original tract and that the dedication is either reasonably related to the traffic generated by the proposed subdivision or use of the remaining land or the impact of the dedication is mitigated by measures provided elsewhere in the Zoning Ordinance.
(Ord. passed 10-1-07)