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If at any time the Board of Commissioners of the Town of Zebulon should need to purchase any land within or without the Town limits, deemed necessary for a public use of the city, or for other purposes authorized by this Charter or other applicable law, and cannot agree with the owner of such land as to the compensation to be paid therefor, then the Board of Commissioners of the Town of Zebulon is hereby specifically authorized and empowered to, in the name of the Town, condemn either the fee or an easement in any such land, whether the land be owned by any private person, firm or corporation, or whether it be owned by any railroad company, power company, telephone company, gas company or other quasi-public corporation, or whether the land be devoted to private or public use. The proceedings utilized by the Board of Commissioners for such condemnation and determination of the compensation to be paid may be any of the alternative proceedings provided municipalities by the general laws of the State of North Carolina or those prescribed by Article 9 of Chapter 136 of the North Carolina General Statutes; provided that the Town of Zebulon shall possess the power of eminent domain for the purpose of acquiring the fee or any lesser interest in properties already devoted to the public use and owned by a public service corporation, including public utilities as defined in Chapter 62 of the General Statutes, and electric and telephone membership corporations, only if such acquisition will not prevent or unreasonably impair the continued devotion to the public use of such properties, and their operation by such public service corporation.
(Session Laws of 1973, Chapter 386) (Ord. 2004-45, passed 4-4-2004)
(a) In connection with subdivision or platting controls, the Board of Commissioners may require the improvement and grading of streets and the construction and installation of street pavements, curbs, gutters, sidewalks, and water, sewer, surface water drainage and other utility mains as a condition precedent to approval of the plat. The requirements may provide for tentative approval of the plat previous to such improvement and installation, but any such tentative approval shall not be entered on the plat. The requirements may provide that in lieu of completion of the work and installations prior to final approval of the plat, the Board may accept a bond, in an amount and with surety and condition satisfactory to it providing for and securing to the Town the actual construction and installation of the improvements and utilities within a period specified by the Board and expressed in the bond. The Town is empowered to enforce the bond by all appropriate legal and equitable remedies. Requirements adopted hereunder may be applied throughout the area over which the Town is authorized by law to exercise platting or subdivision controls.
(b) The requirements may provide, in lieu of the completion prior to the final approval of a plat of such work and installation on land within the area over which the Town is authorized by law to exercise platting or subdivision control, for an assessment under this Charter or under Article 8, Chapter 160D of the General Statutes or other statutory authorization whereby the Town may do the work and make the installations at the cost of the owners of the property within the subdivision.
(Session Laws of 1973, Chapter 386) (Ord. 2004-45, passed 4-4-2004)
All of the provisions of this Article and of any other laws granting planning, zoning and building regulatory powers to the Town of Zebulon, together with any ordinances passed by the Board of Commissioners of the Town in the exercise of such powers, shall be applicable to and enforceable against all public utilities and other public service corporations.
(Session Laws of 1973, Chapter 386) (Ord. 2004-45, passed 4-4-2004)
The Town of Zebulon shall have jurisdiction for planning and regulation of development as set forth in Article 2 of Chapter 160D of the North Carolina General Statutes and may exercise the powers granted by said Article within an area defined pursuant to G.S. 160D-201extending not more than one mile beyond the corporate limits of the Town of Zebulon.
(Session Laws of 1973, Chapter 386) (Ord. 2004-45, passed 4-4-2004)
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