Morrisville Administrative Manual_September 2023

Part 2. Application Review Procedures 2.3 Common Application Procedures

Construction Plan Approval / Stormwater Management Permit

Construction Plan Approval is required for any development that involves construction of infrastructure and utility improvements, grading, or other land disturbance. A Stormwater Management Permit is required for any development or redevelopment except the following: • Development or redevelopment that cumulatively disturbs less than one acre (Single-family detached, duplex and manufactured homes) or one-half acre (Single-family attached, multifamily, non-residential, and local government projects) and is not part of a larger common plan of development or sale (whether or not the larger development occurs in phases over time); • Development or redevelopment that is exempt from the permit requirements of Section 404 of the federal Clean Water Act (primarily ongoing farming and forestry activities); and • Local government development of public road projects that meet the riparian buffer regulations in Article 6 of the UDO and that, to the maximum extent practicable, minimize built upon area, divert runoff from surface waters, and implement stormwater best management practices.

Things to Know ▪

An application for Construction Plan Approval must be submitted and reviewed concurrently with any required application for a Stormwater Management Permit. The operation and maintenance agreement must be recorded at the Register of Deeds and performance securities with cash escrow must be posted before the issuance of a Stormwater Management Permit. Construction Plan Approval remains valid as long as any associated Site Plan Approval or Stormwater Management Permit remains valid. A Stormwater Management Permit expires if no substantial work is done pursuant to the permit within one year after the date of approval, or within a single-one-year extension, if granted.

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• See Sections 2.5.8 and 7.2 in the UDO for specific application procedures.

Payment in Lieu of Public Improvements, Performance Guarantees, and Maintenance Guarantees

Payment in Lieu of Construction of Public Street Improvements

• In lieu of providing all or a portion of required public improvements, the Planning Director or Town Council, as appropriate, can grant a request to provide a cash payment equal to 150 percent of the estimated full cost of completing the installation of the required improvements.

• See Section 8.1.3 in the UDO for specific application procedures. Performance Guarantees • The holder of the performance guarantee is required to complete a Request for Performance Guarantee Release/Reduction form to release or reduce the guarantee after the public infrastructure improvements, stormwater device, and/or landscaping have been completed in accordance with approved plans and specifications.

Things to Know ▪

The amount of a performance guarantees and payments in lieu of public improvements are 150 percent of the estimated full cost of completing the construction or installation of the required public improvements or landscaping. ▪ The Town Council may waive or reduce the amount of a performance guarantee where the improvements are being installed with federal funds or in other circumstances where there is third-party assurance of their completion.

• No performance guarantee for public infrastructure improvements shall be reduced to less than 30 percent of the full amount of the performance guarantee until all guaranteed public infrastructure improvements have been completed by the owner or developer. • No performance guarantee for required private site improvements, such as replacement trees, buffer screening, and landscaping, shall be reduced to less than 75 percent of the full amount of the performance

Morrisville, NC

July 2023 Page 2-5

Administrative Manual