Morrisville Administrative Manual_September 2023

Part 2. Application Review Procedures 2.4 Additional Application Procedures

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

General

Road Closure Procedure

• State law 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 str eet or alley under the control of NCDOT may be closed without NCDOT’s approval. Road Closure Procedure • 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. • The Town Council holds a hearing to hear comments on the proposed closing from interested parties.

Application Submittal

Initial Staff Review and Comments

Application Revisions

Follow-Up Staff Review

Town Council Declares Intent to Close

Town Council Review and Decision with standard public hearing

• Based on the hearing comments and its discussion of the question, the Town Council decides whether to adopt an order closing the street or alley. • The basis for the Town Council’s decision is whether closing the street or alley is not contrary to the public interest, and would not deprive any individuals owning property near the street or alley, or in the

subdivision in which the street or alley is located, a reasonable means of ingress and egress to their property. If the closing is approved, Planning staff files a certified copy of the Town Council’s order (or court’s judgment in the case of an appeal) in the office of the Register of Deeds of the county in which the road or alley is located.

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.

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Morrisville, NC

July 2023 Page 2-15

Administrative Manual