A. Purpose. The general purpose of the Procedures for Permanently Closing Streets and Alleys is to provide information and guidance with respect to closure of town-maintained public travelways and the abandonment of the associated public property.
B. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A narrow street or passageway between or behind town buildings.
DEDICATION. Method of acquiring title to a street involving an offer by the owner of property to devote (or DEDICATE) that property to a public use and the acceptance of that offer by the public.
PROPERTY. Any right, title, or interest in land, including leases and options to buy or sell. Also includes rights of access, rights-of-way, easements, water rights, air rights, and any other privilege or appurtenance in or to the possession, use, and enjoyment of land.
(G.S. § 40A-2(7))
STREET. Highways in urban areas inclusive of roadway, sidewalks, pubic alleys, bikeways, and downtown malls.
C. General policies. The general policy concerning the permanent closure of public streets and alleys is that public travelways are public resources having monetary and other value to the public. Closure and abandonment results in costs of closure and gains in value to private interests of abutting property owners. Closure procedures may be initiated by property owner or resident petition, corporate entity petition, appropriate department(s) of the town, or request by appropriate motion of the Town Council as recorded in approved minutes. Permanent closure and/or abandonment of a public street or alley shall in the best interests of the public.
D. Petition for closure.
1. Petition by property owners directly affected by closure
a. Property owners owning property abutting the street or alley requested to be closed may initiate the closure procedure by submitting an appropriate petition.
b. Only property owners owning property abutting the street or alley may sign the petition.
c. Individual initiating the petition shall register the petition by obtaining the appropriate petition form from the Town Clerk.
d. The completed petition shall be submitted to the Town Clerk no later than 60 days from the date of registration.
e. The submitted petition shall be certified by the Town Clerk to the Town Council within 30 days. Certification shall be based on the Town Clerk’s authentication of property ownership by research of recorded property deeds and that at least 50% of the road frontage is represented by property owner signatures on the petition.
2. Petition of property owners and/or residents indirectly affected by closure.
a. Property owners and/or residents not owning property abutting the street or alley requested to be closed may initiate the closure procedure by submitting an appropriate petition.
b. Individual initiating the petition shall register the petition by obtaining the appropriate petition form from the Town Clerk.
c. The completed petition shall be submitted to the Town Clerk no later than 60 days from the date of registration.
d. Residents eligible to vote in town elections and having a current voter registration may sign the petition.
e. The submitted petition shall have a minimum of 100 certifiable signatures.
f. The submitted petition shall be certified by the Town Clerk to the Town Council within 60 days. Certification shall be based on the Town Clerk’s authentication of voter registration of the signatures on the petition.
3. Petition by corporate entity.
a. A corporate entity occupying a site and operating a business location within the town may initiate the appropriate petition for closure.
b. The petition shall state the reasons for closure and show that the corporate entity will not experience a monetary gain from the closure and/or abandonment.
c. The corporate entity shall obtain property owner signatures representing at least 50% of the road frontage abutting the street or alley indicating their support of the closure.
E. Recommendation from town staff. The appropriate town staff may recommend the initiation of closure based on appropriate traffic planning procedures.
F. Request of the Town Council. The Town Council may initiate closure procedures by passing a motion directing initiation and having the motion recorded in approved minutes of a Council meeting.
G. Application. The procedures established by this chapter shall apply to town- and state-maintained public streets and alleys.
H. Town Council actions.
1. Intent to close.
a. When the town proposes to permanently close any street or public alley, the Town Council shall first adopt a resolution declaring its intent to close the street or alley and calling a public hearing on the question.
b. The resolution shall be published once a week, in a daily newspaper having general circulation within the county (G.S. § 1-597), for 4 successive weeks prior to the hearing.
c. A copy of the resolution shall be sent by registered or certified mail to all owners of property adjoining the street or alley as shown on the county tax records.
d. A notice of the closing and public hearing shall be prominently posted in at least 2 places along the street or alley.
e. If the street or alley is under the authority and control of the Department of Transportation, a copy of the resolution shall be mailed to the Department of Transportation.
2. Public hearing. Any person may be heard on the question of whether or not the closing would be detrimental to the public interest or the property rights of any individual.
3. Order to close.
a. If it appears to the satisfaction of the Town Council after the hearing that closing the street or alley is not contrary to the public interest, and that no individual owning property in the vicinity of the street or alley or in the subdivision in which it is located would thereby be deprived of reasonable means of ingress or egress to his or her property, the Town Council may adopt an order closing the street or alley.
b. A certified copy of the order (or judgement of the court) shall be filed in the office of the Register of Deeds of the county.
I. Department of Transportation consent. No street or alley under the control of the Department of Transportation may be closed unless the Department of Transportation consents thereto.
J. Appeal of closure order.
1. Any person aggrieved by the closing of any street or alley including the Department of Transportation if the street or alley is under its authority and control, may appeal the Council’s order to the General Court of Justice within 30 days after its adoption.
2. In appeals of streets closed under this chapter and the North Carolina General Statutes, all facts and issues shall be heard and decided by a judge sitting without a jury. In addition to determining whether procedural requirements were complied with, the court shall determine whether, on the record as presented to the Town Council, the Council’s decision to close the street was in accordance with statutory standards and any other applicable requirements of local law or ordinance (G.S. § 160A-299(b)).
K. Disposition and use of property after closure.
1. Abandonment of right-of-way.
a. Generally. Upon closing of a street or alley in accordance with this chapter and G.S. § 160A-299, all right, title, and interest in the right-of-way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the street or alley, and the title of the adjoining landowners, for the width of the abutting land owned by them, shall extend to the centerline of the street or alley.
b. Alternate provisions for division of right-of-way. The provisions of division J.2. above may be altered as to a particular street or alley closing by assent of all property owners taking title to a closed street or alley by the filing of a plat which shows the street or alley closing and the portion of the closed street or alley to be taken by each such owner. The plat shall be signed by each property owner who, under division J.2. above, has an ownership right in the closed street or alley.
L. Reservation of rights. The Town Council may reserve its right, title, and interest in any utility improvement or easement within a street closed pursuant to this chapter or G.S. § 160A-299. The reservation shall be stated in the order of closing. The reservation also extends to utility improvements or easements owned by private utilities which at the time of the street closing have a utility agreement or franchise with the town.
M. Roads closed under policy. Portion of Belnette Drive.
N. Street/alley closing procedures.
1. Petitioner submits petition to Town Clerk’s office:
a. Fill in all spaces with name of street/alley to be closed;
b. List all owners of adjoining property with complete mailing address;
c. At top of page 2, insert property description (or attach separate sheet, if needed). Description of proposed street/alley closing should be written using a copy of the current tax map, which can be obtained from the Forsyth County Tax Collector’s office. (Description of closure must be from an official survey, tax map, or recorded plat. The following cannot be accepted: street address reference, plat, or any type of sketch not done from official survey.);
d. Petitioner should sign the form on page 3. If other than individual, (partnership, corporation, and the like) have signature attested by corporate officer;
e. On page 4, have signature notarized;
f. Attach to the petition a copy of the tax map from the Forsyth County Tax Office showing proposed closure in shading or cross-hatching; and
g. Submit payment of $400 (cash or check made payable to Town of Lewisville). This is a fee for posting 2 signs for notice of public hearing. The sign posting is handled by the town.
2. After petition, map and $400 are received by the Town Clerk, the petition is referred to the Public Works Department.
3. After staff review, petition is submitted to the Public Safety Committee and Planning Board for consideration and recommendation to the Town Council.
4. Town Council sets date for a public hearing on the proposed closure and authorizes its advertisement.
5. Petitioner receives copy of resolution fixing date of public hearing. It is the responsibility of the petitioner or his or her designee to send a certified letter to each adjoining property owner. The town will advertise the hearing for 4 consecutive weeks (pursuant to G.S. § 160A-299) with instructions that the bill will be sent to the petitioner or designee. The average price to publish these legal advertisements generally exceed $400. Please contact the newspaper to verify the amount you will be charged.
6. Petitioner submits return receipts from certified mail and affidavit of publication of notice from the newspaper to the Town Clerk prior to the public hearing.
7. Public hearing is held before the Town Council and the resolution ordering the closing of the street/alley is either adopted or denied.
8. If adopted, petitioner will receive a copy of the adopted resolution by mail.
9. Thirty days after adoption, the Town Clerk will mail the original resolution ordering the closure to the petitioner. Petitioner has the resolution recorded at the Register of Deeds office and returns the original papers to the Town Clerk with book and page number imprinted on the document. Any survey and recording fees will be paid by the adjacent property owners.
10. When original recorded resolution is received by the Town Clerk, the portion of the street/alley is considered formally closed. Each adjoining property owner receives his or her portion of the closed area as set out in the General Statutes of North Carolina.
(Res. 2003049, passed 09-11-2003) Penalty, see § 1-8