Morrisville UDO Administrative Manual_August 2021.2

Part 2. Application Review Procedures 2.5 Procedures for Flexibility, Variances, and Appeals

Alternative Standards

The Alternative Standards procedure is intended to provide a simple way to allow relief where application of a standard creates practical difficulties in allowing development that otherwise advances the purposes served by the standards of the Engineering, Design, and Construction Manual. See Section 3.3 in the EDCM for specific application procedures. When proposing a large-scale phased development over a period of up to 20 years, a developer seeks assurance that the development regulations under which the development is approved will not substantially change during the life of the development project. Such assurance is necessary to effectively and efficiently plan the development’s financing. Similarly, the Town seeks assurance that public benefits proposed as part of the development will be provided as part of the development and that the development’s demands for public Development Agreement

Things to Know ▪

A written decision shall only be binding on a specific development application for which the Alternative Standard was granted. ▪ 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.

Things to Know ▪

The basis for the Town Council decision is whether the proposed development complies with all requirements and provisions in Chapter 160D, Article 10 of the North Carolina General Statutes. ▪ Development occurring pursuant to the Development Agreement is subject to the terms and conditions of the agreement and to the laws in force at the time the agreement is executed unless otherwise provided by specific provisions in the agreement. ▪ A development Agreement expires in accordance with the terms of the agreement, or may be terminated or modified by mutual consent of the parties to the agreement in accordance with 160D, Article 10.

facilities and services will be as proposed. Such assurance may be necessary for the Town to effectively and efficiently plan out the funding and expansion of public facilities and services in the area of the development. At least every 12 months following execution of the Development Agreement, Planning staff conducts a periodic review during which the developer must demonstrate good faith compliance with the terms of the agreement. Planning staff notifies the developer of any material breach of those terms and provides the developer a reasonable opportunity to cure the breach.

See Section 2.5.23 in the UDO for specific application procedures.

Variance

These various variance procedures provide a mechanism for granting relief from a UDO provision where it is shown that because of extraordinary and exceptional conditions pertaining to the particular land or structure, literal application of the provision will effectively prohibit or unreasonably restrict use of the land or structure and result in undue and unique hardship. General Variance Review Procedure

Things to Know ▪

Approval of a variance does not exempt the applicant from the responsibility to obtain all other development permits and applications required. ▪ After expiration of the 30-day court appeal deadline for a General Variance, the applicant records the variance with the Register of Deeds.

• The general variance procedure applies to applications for a hardship variance from any standard in the UDO other than riparian buffer standards and stormwater management standards. • The basis for the PZB ’s decision is whether competent, substantial, and material evidence is presented at the public hearing.

Morrisville, NC

August 31, 2021

Administrative Manual

Page 2-21