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CTP Footnote In many communities, the dedication of right-of-way for the construction of new facilities or the enhancement of existing facilities is handled using subdivision/land development ordinances or special zoning entitlements. In Orange County, however, land is often developed “by right” under existing zoning. In order to compel developers/sub-dividers/etc. to dedicate right-of-way for new streets/highways or to improve existing streets/highways, an adopted CTP is required. The CTP requirement would only apply if the jurisdiction is interested in acquiring the dedication through its zoning or subdivision control ordinances and/or special zoning entitlements. It is the opinion of the County Attorney that no other planning policy guide (e.g. small area plans, locally adopted corridor plans, special district plans, etc.) can legally compel right-of-way dedication when the dedication is being sought through zoning, subdivision, or any other land use control ordinances. With this in mind, staff has worked with the MPO and with NCDOT Transportation Planning branch for over two years to create language linking local access management plans and small area plans to the CTP, i.e. to ensure that the roadway alignments in these plans are equivalent to CTP alignments. This will provide solid footing to support requiring the dedication of the right- of-way in development projects that are programmed “by right.” The following language has been tentatively finalized for inclusion on the CTP maps. A longer, more explanatory passage will also be included in the CTP Study Report. The concepts shown on a CTP are for planning purposes and are subject to change. These concepts will need additional analysis to meet state and federal environmental regulations, to determine final locations and designs, and to be funded for implementation. Local zoning or subdivision ordinances may require the dedication of right of way based on the concepts shown on the CTP and local collector street plans, based on N.C.G.S. § 136-66.2 and § 136-66.10. For the purposes of Orange County, access management plans and small area plans are referenced in the CTP as including collector street plan alignments. Next Steps The CTP Report document and the CTP maps have undergone an internal NCDOT review. At this point in the process, the DCHC MPO is currently accepting public comment on the CTP maps. The CTP maps can be found here: http://www.dchcmpo.org/programs/ctp/default.asp. The NCDOT Board of Transportation will approve the CTP maps in early 2017. Staff reviewed the 1985 un-adopted Thoroughfare Plan for Orange County as well as the Thoroughfare plans for Chapel Hill, Carrboro, and Hillsborough to ensure that undesirable projects had not been carried forward to the CTP. The maps from these plans are provided in Attachment 4. FINANCIAL IMPACT: There is no immediate financial impact associated with this item. RECOMMENDATION(S): Staff recommends that the OUTBoard: 1. Receive the information; 2. Review the draft Comprehensive Transportation Plan alignments; and 3. Provide any comments on Attachment 2 that the OUTBoard may have for the Board of County Commissioners. 11