Morisville Unified Development Ordinance_ September 2023-2

Article 2: Administration Section 2.2. Review Authorities 2.2.3. Town Council

members of the board present shall by majority vote determine whether the member is or is not disqualified from participating in the review.

I.

Rules of Procedure The Planning and Zoning Board shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Planning Department.

Town Council

2.2.3.

A. Powers and Duties

To exercise the authority granted it by state law and the Town ’s charter, the Town Council shall have the following powers and duties under this Ordinance.

1.

Review of Development Applications

The Town Council shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

2. Adopt Schedule of Development-Related Fees

The Town Council is authorized to adopt, by ordinance, a schedule of fees governing the review of development applications and plans, inspections, and other matters involving the administration and enforcement of this Ordinance.

3.

Adopt Schedule of Civil Penalties

The Town Council is authorized to adopt, by ordinance, a schedule of civil penalties for violations of this Ordinance. Other Actions The Town Council is authorized to take any other action not assigned or delegated to the Planning Director, Planning and Zoning Board, or other advisory or design-making authority as the Town Council deems desirable and necessary to implement provisions of this Ordinance, and as authorized by state law.

4.

B. Conflicts of Interest

1.

Special Use Permit Applications a. A Town Council member shall not participate in the review of, or vote on, an application for a Special Use Permit if the action proposed by the application creates a conflict of interest. Such a conflict of interest exists if the member:

(1) Has a fixed opinion prior to a hearing on the application that is not susceptible to change;

(2) Fails to disclose ex parte communications; has a financial interest in the outcome of the review;

(3) Has a financial interest in the outcome of the review;

(4) Has a close familial, business, or other associational relationship with an affected person; or (5) O therwise has a relationship or acts in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. b. If an objection is raised to a Town Council member’s participation in a matter based on a conflict of interest, and the member does not recuse himself or herself, the remaining members of the Town Council present shall by majority vote determine whether the member is or is not disqualified from participating in the review.

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-8