Morrisville Engineering, Design, and Construction Manual - July 2016

Section 1: General Provisions 1.3 Administration 1.3.4 Enforcement

application of a standard creates practical difficulties in allowing development that otherwise advances the purposes served by the standards of the EDCM.

Alternative Standards Procedure

1. Application Submittal and Acceptance A developer proposing the use of an alternative standard shall submit an application for an Alternative Standard to the Town Engineer. Within two business days, the Town Engineer shall determine whether the application is complete. If it is incomplete, the Town Engineer shall notify the developer of the submittal deficiencies and provide the developer up to 14 days to submit a complete application. 2. Staff Review and Decision On accepting an application as complete, the Town Engineer shall review the application and render a decision within 30 days. The decision shall be in the form of a written decision and the Town Engineer shall consult with affected Town Departments before rendering the decision. a. Effect of Approval A written decision shall only be binding on a specific development application for which the Alternative Standard was requested unless the interpretation is reversed or modified on appeal to the Director of Development Services. b. Expiration of Approval Approval of an Alternative Standard shall automatically expire if the associated development application is denied or if approval of the concurrently reviewed application expires, is revoked or otherwise becomes invalid. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Manual shall constitute a violation of this Manual. The Town Engineer shall have primary responsibility for enforcing the provisions of this Manual, and may delegate enforcement authority to other Town officials involved with reviewing or inspecting development. Any violation of this Manual shall be enforced in accordance with the procedures set out in Section 10.3.4, Enforcement Procedure, of the UDO, with all UDO references to “this Ordinance” deemed to mean “this Manual.” The Town may use any combination of the remedies and penalties set out in Section 10.4, Remedies and Penalties, of the UDO to enforce compliance with the provisions of this Manual, with all UDO references to “this Ordinance” deemed to mean “this Manual.” 3. Post-Decision Actions The post-decision actions and limitations shall apply: Enforcement

1.3.4.

Appeals

1.3.5.

Right to Appeal Any party aggrieved by a decision, interpretation, or order made by the Town Engineer in administering or enforcing the provisions in this EDCM may appeal the decision, interpretation, or order by submitting an EDCM Appeal application to the Director of Development Services within 30 days after the decision, interpretation, or order being appealed.

January 2016

Morrisville, NC

Page 2

Engineering, Design, and Construction Manual