GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 1290*

Short Title:  Transit Rt of Way Protection.	(Public)

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Sponsors: Senators Gulley; Hartsell, and Reeves.

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Referred to:  Transportation.

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May 27, 1998

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE CERTAIN PUBLIC ENTITIES TO PROTECT RIGHTS-OF-WAY FOR FUTURE PUBLIC TRANSIT DEVELOPMENT.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 160A of the General Statutes is amended by adding a new Article to read:
"ARTICLE 11A.
"Transit Corridors.
"§ 160A-264.  Transit corridor official map act.
(a)	This Article may be referred to as the "Transit Corridor Official Map Act".
(b)	This Article shall apply to any of the following which shall be called the 'entity' in the remaining sections of this Article:
(1)	Regional public transportation authorities created pursuant to Article 26 of this Chapter.
(2)	Regional transportation authorities created pursuant to Article 27 of this Chapter.
(3)	Cities with a population of 50,000 or more based on the most recent federal decennial census.
"§ 160A-264A.  Transit corridor official map.
(a)	A transit corridor official map may be adopted or amended by the governing board of the entity for any proposed public transit right-of-way, including proposed right-of-way, adjacent stations and yards, and appurtenant parking facilities.  Before an entity adopts a transit corridor official map, the entity shall obtain approval from the board of commissioners of any affected county.  No transit corridor official map shall be adopted or amended, nor may any property be regulated under this Article until:
(1)	The governing board of the entity has held a public hearing on the proposed map or amendment in each affected county.  Notice of the hearing shall be provided:
a.	By publication at least once a week for four successive weeks prior to the hearing in a newspaper having general circulation in the county in which the transit corridor to be designated is located.
b.	By two-week written notice to the Secretary of Transportation, the Chairman of the Board of County Commissioners, and the Mayor of any city or town through whose corporate or extraterritorial jurisdiction the transit corridor passes.
c.	By posting copies of the proposed transit corridor map or amendment at the courthouse door of all affected counties for at least 21 days prior to the hearing date.  The notice required in sub-subdivision a. above shall make reference to this posting.
(2)	A permanent certified copy of the transit corridor official map or amendment has been filed with the register of deeds.  The boundaries may be defined by a map or by a written description, or by a combination of the two.  The copy shall measure approximately 20 inches by 12 inches, including no less than one and one-half inches binding space on the left-hand side.
(b)	Transit corridor official maps and amendments shall be distributed and maintained in the following manner:
(1)	A copy of the official map and each amendment thereto shall be filed in the office of the entity and in the office of the district engineer for the Department of Transportation.
(2)	A copy of the official map, each amendment, and any variance therefrom granted pursuant to G.S. 160A-264C shall be furnished to the tax supervisor of any affected county and tax collector of any affected city.  The portion of properties embraced within a transit corridor and any variance granted shall be clearly indicated on all tax maps maintained by the county or city for the period during which the designation remains in effect.
(3)	Notwithstanding any other provision of law, the certified copy filed with the register of deeds shall be placed in a book maintained for that purpose and cross-indexed by number of affected road, street name, or other appropriate description.  The register of deeds shall collect a fee of five dollars ($5.00) for each map sheet or page recorded.
(c)	Within two years following the establishment of a transit corridor official map or amendment, work shall begin on an environmental impact statement or preliminary engineering.  The failure to begin work within the two-year period shall constitute an abandonment of the corridor, and the provisions of this Article shall no longer apply to properties or portions of properties embraced within the transit corridor.  An entity may prepare environmental impact studies and preliminary engineering work in connection with the establishment of a transit corridor official map or amendments to a transit corridor official map.  When an entity prepares a transit corridor official map that affects property within the planning jurisdiction of a county or a city, other than the city adopting or amending the transit corridor official map, the environmental impact study and preliminary engineering work shall be reviewed and approved by the city or county exercising planning jurisdiction over the affected property.
"§ 160A-264B. Effect of transit corridor official map.
(a)	After a transit corridor official map is filed with the register of deeds, no building permit shall be issued for any building or structure or part of any building or structure located within the transit corridor, nor shall approval of a subdivision, as defined in G.S. 153A-335 and G.S. 160A-376, be granted with respect to property within the transit corridor.  The entity shall be notified within 10 days of all requests for building permits or subdivision approval within the transit corridor.  The provisions of this section shall not apply to valid building permits issued for buildings and structures which existed prior to the filing of the transit corridor provided the size of the building or structure is not increased and the type of building code occupancy as set forth in the North Carolina Building Code is not changed.
(b)	No application for building permit issuance or subdivision plat approval shall be delayed by the provisions of this section for more than three years from the date of its original submittal.
"§ 160A-264C.  Variance from transit corridor official map.
(a)	The entity that initiated the transit corridor official map shall establish procedures for considering petitions for variance from the requirements of G.S. 160A-264B.
(b)	The procedure established shall provide for written notice to the Mayor and Chairman of the Board of County Commissioners of any affected city or county, and for the hearing to be held in the county where the affected property is located.
(c)	A variance may be granted upon a showing that:
(1)	Even with the tax benefits authorized by this Article, no reasonable return may be earned from the land; and
(2)	The requirements of G.S. 160A-264B result in practical difficulties or unnecessary hardships.
"§ 160A-264D.  Advance acquisition of right-of-way within the transit corridor.
(a)	After a transit corridor official map is filed with the register of deeds, the entity that initiated the transit corridor official map may make advanced acquisition of specific parcels of property when that acquisition is determined by the respective governing board to be in the best public interest to protect the transit corridor from development or when the transit corridor official map creates an undue hardship on the affected property owner.
(b)	Prior to making any advanced acquisition of right-of-way pursuant to this Article, the entity that initiated the transit corridor official map shall develop and adopt appropriate policies and procedures to govern any advanced acquisition of right-of-way and to assure that any advanced acquisition is in the best overall public interest."
Section 2.  Chapter 153A is amended by adding a new Article to read:
"ARTICLE 12A.
"Transit Corridors.
"§ 153A-245.  Transit corridor official map act.
(a)	This Article may be referred to as the "Transit Corridor Official Map Act".
(b)	This Article shall apply to any county with a population of 100,000 or more based on the most recent federal decennial census.
"§ 153A-245A.  Transit corridor official map.
(a)	A transit corridor official map may be adopted or amended by the board of commissioners of the county for any proposed public transit right-of-way, including proposed right-of-way, adjacent stations and yards, and appurtenant parking facilities.  No transit corridor official map shall be adopted or amended, nor may any property be regulated under this Article until:
(1)	The board of commissioners of the county has held a public hearing on the proposed map or amendment in each affected county.  Notice of the hearing shall be provided:
a.	By publication at least once a week for four successive weeks prior to the hearing in a newspaper having general circulation in the county in which the transit corridor to be designated is located.
b.	By two-week written notice to the Secretary of Transportation and the Mayor of any city or town through whose corporate or extraterritorial jurisdiction the transit corridor passes.
c.	By posting copies of the proposed transit corridor map or amendment at the courthouse door for at least 21 days prior to the hearing date.  The notice required in sub-subdivision a. above shall make reference to this posting.
(2)	A permanent certified copy of the transit corridor official map or amendment has been filed with the register of deeds.  The boundaries may be defined by a map or by a written description, or by a combination of the two.  The copy shall measure approximately 20 inches by 12 inches, including no less than one and one-half inches binding space on the left-hand side.
(b)	Transit corridor official maps and amendments shall be distributed and maintained in the following manner:
(1)	A copy of the official map and each amendment to the map shall be filed in the county manager's office and in the office of the district engineer for the Department of Transportation.
(2)	A copy of the official map, each amendment, and any variance therefrom granted pursuant to G.S. 153A-245C shall be furnished to the tax supervisor of the county and tax collector of any affected city.  The portion of properties embraced within a transit corridor and any variance granted shall be clearly indicated on all tax maps maintained by the county or city for the period during which the designation remains in effect.
(3)	Notwithstanding any other provision of law, the certified copy filed with the register of deeds shall be placed in a book maintained for that purpose and cross-indexed by number of affected road, street name, or other appropriate description.  The register of deeds shall collect a fee of five dollars ($5.00) for each map sheet or page recorded.
(c)	Within two years following the establishment of a transit corridor official map or amendment, work shall begin on an environmental impact statement or preliminary engineering.  The failure to begin work within the two-year period shall constitute an abandonment of the corridor, and the provisions of this Article shall no longer apply to properties or portions of properties embraced within the transit corridor.  A county may prepare environmental impact studies and preliminary engineering work in connection with the establishment of a transit corridor official map or amendments to a transit corridor official map.  When a county prepares a transit corridor official map that affects property within the planning jurisdiction of a city, the environmental impact study and preliminary engineering work shall be reviewed and approved by the the city exercising planning jurisdiction over the affected property.
"§ 153A-245B. Effect of transit corridor official map.
(a)	After a transit corridor official map is filed with the register of deeds, no building permit shall be issued for any building or structure or part of any building or structure located within the transit corridor, nor shall approval of a subdivision, as defined in G.S. 153A-335 or G.S. 160A-376, be granted with respect to property within the transit corridor.  The county shall be notified within 10 days of all requests for building permits or subdivision approval within the transit corridor.  The provisions of this section shall not apply to valid building permits issued for buildings and structures which existed prior to the filing of the transit corridor provided the size of the building or structure is not increased and the type of building code occupancy as set forth in the North Carolina Building Code is not changed.
(b)	No application for building permit issuance or subdivision plat approval shall be delayed by the provisions of this section for more than three years from the date of its original submittal.
"§ 153A-245C.  Variance from transit corridor official map.
(a)	The county that initiated the transit corridor official map shall establish procedures for considering petitions for variance from the requirements of G.S. 153A-245B.
(b)	The procedure established shall provide for written notice to the Mayor of any affected city and for a hearing to be held in the county where the affected property is located.
(c)	A variance may be granted upon a showing that:
(1)	Even with the tax benefits authorized by this Article, no reasonable return may be earned from the land; and
(2)	The requirements of G.S. 153A-245B result in practical difficulties or unnecessary hardships.
"§ 153A-245D.  Advance acquisition of right-of-way within the transit corridor.
(a)	After a transit corridor official map is filed with the register of deeds, the county that initiated the transit corridor official map may make advanced acquisition of specific parcels of property when that acquisition is determined by the board of commissioners to be in the best public interest to protect the transit corridor from development or when the transit corridor official map creates an undue hardship on the affected property owner.
(b)	Prior to making any advanced acquisition of right-of-way pursuant to this Article, the county that initiated the transit corridor official map shall develop and adopt appropriate policies and procedures to govern any advanced acquisition of right-of-way and to assure that any advanced acquisition is in the best overall public interest."
Section 3.  This act is effective when it becomes law.