§ 136-66.2. Development of a coordinated transportation system and provisions for streets and highways in and around municipalities.
§ 136‑66.2. Developmentof a coordinated transportation system and provisions for streets and highwaysin and around municipalities.
(a) Each municipality,not located within a metropolitan planning organization (MPO) as recognized inG.S. 136‑200.1, with the cooperation of the Department of Transportation,shall develop a comprehensive transportation plan that will serve present andanticipated travel demand in and around the municipality. The plan shall bebased on the best information available including, but not limited to,population growth, economic conditions and prospects, and patterns of landdevelopment in and around the municipality, and shall provide for the safe andeffective use of the transportation system. In the development of the plan, considerationshall be given to all transportation modes including, but not limited to, thestreet system, transit alternatives, bicycle, pedestrian, and operatingstrategies. The Department of Transportation may provide financial andtechnical assistance in the preparation of such plans. Each MPO, withcooperation of the Department of Transportation, shall develop a comprehensivetransportation plan in accordance with 23 U.S.C. § 134. In addition, an MPO mayinclude projects in its transportation plan that are not included in afinancially constrained plan or are anticipated to be needed beyond the horizonyear as required by 23 U.S.C. § 134. For municipalities located within an MPO,the development of a comprehensive transportation plan will take place throughthe metropolitan planning organization. For purposes of transportation planningand programming, the MPO shall represent the municipality's interests to theDepartment of Transportation.
(b) After completionand analysis of the plan, the plan shall be adopted by both the governing bodyof the municipality or MPO and the Department of Transportation as the basisfor future transportation improvements in and around the municipality or withinthe MPO. The governing body of the municipality and the Department ofTransportation shall reach agreement as to which of the existing and proposedstreets and highways included in the adopted plan will be a part of the Statehighway system and which streets will be a part of the municipal street system.As used in this Article, the State highway system shall mean both the primaryhighway system of the State and the secondary road system of the State withinmunicipalities.
(b1) The Department ofTransportation may participate in the development and adoption of a transportationplan or updated transportation plan when all local governments within the areacovered by the transportation plan have adopted land development plans withinthe previous five years. The Department of Transportation may participate inthe development of a transportation plan if all the municipalities and countieswithin the area covered by the transportation plan are in the process ofdeveloping a land development plan. The Department of Transportation may notadopt or update a transportation plan until a local land development plan hasbeen adopted. A qualifying land development plan may be a comprehensive plan,land use plan, master plan, strategic plan, or any type of plan or policydocument that expresses a jurisdiction's goals and objectives for thedevelopment of land within that jurisdiction. At the request of the localjurisdiction, the Department may review and provide comments on the plan butshall not provide approval of the land development plan.
(b2) The municipality orthe MPO shall provide opportunity for public comments prior to adoption of thetransportation plan.
(b3) Each county, withthe cooperation of the Department of Transportation, may develop acomprehensive transportation plan utilizing the procedures specified formunicipalities in subsection (a) of this section. This plan may be adopted byboth the governing body of the county and the Department of Transportation. Forportions of a county located within an MPO, the development of a comprehensivetransportation plan shall take place through the metropolitan planningorganization.
(b4) To complement theroadway element of the transportation plan, municipalities and MPOs may developa collector street plan to assist in developing the roadway network. TheDepartment of Transportation may review and provide comments but is notrequired to provide approval of the collector street plan.
(c) From and after thedate that the plan is adopted, the streets and highways designated in the planas the responsibility of the Department of Transportation shall become a partof the State highway system and all such system streets shall be subject to theprovisions of G.S. 136‑93, and all streets designated in the plan as theresponsibility of the municipality shall become a part of the municipal streetsystem.
(d) For municipalitiesnot located within an MPO, either the municipality or the Department ofTransportation may propose changes in the plan at any time by giving notice tothe other party, but no change shall be effective until it is adopted by boththe Department of Transportation and the municipal governing board. For MPOs,either the MPO or the Department of Transportation may propose changes in theplan at any time by giving notice to the other party, but no change shall beeffective until it is adopted by both the Department of Transportation and theMPO.
(e) Until the adoptionof a comprehensive transportation plan that includes future development of thestreet system in and around municipalities, the Department of Transportationand any municipality may reach an agreement as to which existing or proposedstreets and highways within the municipal boundaries shall be added to orremoved from the State highway system.
(f) Streets withinmunicipalities which are on the State highway system as of July 1, 1959, shallcontinue to be on that system until changes are made as provided in thissection.
(g) The street andhighway elements of the plans developed pursuant to G.S. 136‑66.2 shallserve as the plan referenced in G.S. 136‑66.10(a). (1959, c. 687, s. 2; 1969, c.794, s. 3; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 2001‑168, s. 1.)