Morrisville UDO Administrative Manual, 11/1/18 version

Part 2. Application Review Procedures 2.4 Additional Application Procedures

retaining walls are constructed per the engineered drawings, in compliance with Section 1807.2.5 of the NC Building code.

Right-of-Way Encroachment Agreement

This procedure allows accessory structures to be located in a public street right-of-way maintained by the Town. It is most commonly used to allow a residential subdivision to locate a subdivision identification sign, fountain, or other identifying feature for the subdivision in the median of a principal entrance street into the subdivision.

Something to Know Approval of a Right-of-Way Encroachment Agreement expires if the approved structure is not constructed or installed within six months after the date of the approval.

See Section 2.5.24 in the UDO for specific application procedures.

Riparian Buffer Development Review

State law requires the establishment of vegetated buffers along surfaces waters within the Neuse River Basin and the Jordan Lake watershed. The NC Environmental Management Commission delegates authority to protect and maintain these riparian buffers to the Town through the UDO. Riparian Buffer Development Review is required before any development activity is permitted in a riparian buffer. See Section 6.5 in the UDO for specific application procedures.

Things to Know  Buffer determination should occur prior to pre- application meetings.  Buffer determinations typically expire after 5 years.  Any impacts to buffers require prior Town approval.  Requests for buffer impact approvals should be made early in the review process.  Not all requests can be granted.

Road Closure

Things to Know  Any person aggrieved by the closing of the street or alley (including NCDOT) may appeal the Town Council’s order to the courts within 30 days after adoption of the order.  When a public street or alley is closed, the owners of adjoining properties are presumed to acquire all right, title, and interest in the right-of-way from their frontage up to the centerline of the right-of-way (though the adjoining property owners may jointly agree to some other division of the right-of-way by filing a plat showing the division.

General

A.

Road Closure Procedure

 State law (N.C.G.S. 160A-299) sets out a procedure for permanently closing public streets and alleys in municipalities—irrespective of whether the street or alley has actually been opened to use or accepted for maintenance by the Town. No street or alley under the control of NCDOT may be closed without NCDOT’s approval.

Application Submittal

Initial Staff Review and Comments

Road Closure Procedure

B.

Application Revisions

 The Town Council adopts a resolution declaring its intent to close the street or alley and calling a public hearing on the question.  Planning staff post notice of the proposed closing and hearing in at least two places along the street or alley, mail a copy of the resolution to the owners of property adjoining the street or alley (as shown on county tax records) by registered or certified mail, and have the resolution published once a week for four successive weeks in a local newspaper. If the street or alley is under the control of NCDOT, Planning staff also mails a copy of the resolution to NCDOT.

Follow-Up Staff Review

Town Council Declares Intent to Close

Town Council Review and Decision with standard public hearing

November 1, 2018

Morrisville, NC

Page 2-18

Administrative Manual