§ 136-66.10. Dedication of right-of-way under local ordinances. - North Carolina Statutes

Article3B.

Dedication of Right‑of‑Waywith Density or Development Rights Transfer.

§ 136‑66.10.  Dedicationof right‑of‑way under local ordinances.

(a)        Whenever a tract ofland located within the territorial jurisdiction of a city or county's zoningor subdivision control ordinance or any other land use control ordinanceauthorized by local act is proposed for subdivision or for use pursuant to azoning or building permit, and a portion of it is embraced within a corridorfor a street or highway on a plan established and adopted pursuant to G.S. 136‑66.2,a city or county zoning or subdivision ordinance may provide for the dedicationof right‑of‑way within that corridor pursuant to any applicablelegal authority, or:

(1)        A city or county mayrequire an applicant for subdivision plat approval or for a special use permit,conditional use permit, or special exception, or for any other permissionpursuant to a land use control ordinance authorized by local act to dedicatefor street or highway purpose, the right‑of‑way within suchcorridor if the city or county allows the applicant to transfer density creditsattributable to the dedicated right‑of‑way to contiguous land ownedby the applicant.  No dedication of right‑of‑way shall be requiredpursuant to this subdivision unless the board or agency granting finalsubdivision plat approval or the special use permit, conditional use permit,special exception, or permission shall find, prior to the grant, that thededication does not result in the deprivation of a reasonable use of theoriginal tract and that the dedication is either reasonably related to thetraffic generated by the proposed subdivision or use of the remaining land orthe impact of the dedication is mitigated by measures provided in the localordinance.

(2)        If a city or countydoes not require the dedication of right‑of‑way within the corridorpursuant to subdivision (1) of this subsection or other applicable legalauthority, but an applicant for subdivision plat approval or a zoning orbuilding permit, or any other permission pursuant to a land use controlordinance authorized by local act elects to dedicate the right‑of‑way,the city or county may allow the applicant to transfer density creditsattributable to the dedicated right‑of‑way to contiguous land thatis part of a common development plan or to transfer severable developmentrights attributable to the dedicated right‑of‑way to noncontiguousland in designated receiving districts pursuant to G.S. 136‑66.11.

(b)        When used in thissection, the term "density credit" means the potential for theimprovement or subdivision of part or all of a parcel of real property, aspermitted under the terms of a zoning and/or subdivision ordinance, and/orother land use control ordinance authorized by local act, expressed in dwellingunit equivalents or other measures of development density or intensity or afraction or multiple of that potential that may be transferred to otherportions of the same parcel or to contiguous land in that is part of a commondevelopment plan. (1987, c. 747, s. 7; 1989, c. 595, s. 4.)