Morrisville UDO Administrative Manual - February 2020

Part 2. Application Review Procedures 2.3 Common Application Procedures

Board of Adjustment or Town Council Review and Decision

If an application is subject to a final decision by the Town Council with a general public hearing, the Town Council: • Hears the staff report at their briefing meeting; • Holds a public hearing at a subsequent meeting and hears the applicant’s presentation; and

Things to Know ▪

The Town Council may continue the public hearing to a subsequent meeting. [Note: Doing so will extend the review period beyond that shown on the review schedules.] ▪ Some applications are presented at more than one Town Council briefing meeting. ▪ If the application requires a quasi-judicial hearing (e.g., Variances, Appeal, Special Use Permit), the hearing is conducted as a more formal evidentiary hearing. This means that the hearing’s primary purpose is to receive sworn testimony and evidence that is competent and material to the application being heard. ▪ The applicant, Town staff, or other affected party has the right to ask questions of any other person testifying at the hearing or to rebut any testimony or evidence presented by such person. ▪ Before any action on a request, the applicant may request an opportunity to make minor revisions to the application that directly respond to specific requests or suggestions by Town staff or a Board. [Note: Doing so will extend the review period beyond that shown on the review schedules and cost the applicant additional fees.] Any major revisions require a new application to be submitted.

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Adopts a motion.

If an application is subject to a final decision by the Board of Adjustment or Town Council with a quasi-judicial hearing, the respective Board:

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Opens the quasi-judicial hearing;

• Hears the staff report and evidence submitted by the applicant;

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Closes the quasi-judicial hearing;

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Adopts a motion.

See Section 2.4.7 in the UDO for specific application procedures.

Post-Decision Actions

Within ten calendar days after a final decision on an application, a written copy of the decision is provided to the applicant. If the review involves a quasi-judicial hearing, the Planning Department also must provide a written copy of the decision to the owner(s) of the application site and any person who has submitted a written request for a copy of the decision before its effective date. A party aggrieved or adversely affected by a final application decision by the Board of Adjustment or Town Council may seek review of the decision in the courts in accordance with applicable State law. A party aggrieved by any other final application decision by Town staff may appeal the decision in accordance with Section 2.5.22, Administrative Appeal, in the UDO. 2.3. COMMON APPLICATION PROCEDURES The development review procedures described below are those through which nearly all development proposals must pass before the proposed development can be constructed and occupied or otherwise used. They include Site Plan Approval, Construction Plan Approval, Stormwater Management Permit, Building Permit, Pre-Construction Stormwater Management Meeting, Inspections, and Certificate of Compliance/Occupancy. The procedures for Performance and MaintenanceGuarantees overlay the above procedures and generally extend to one year after completion of a development. See Section 2.4.8 in the UDO for specific application procedures.