Morrisville UDO Administrative Manual - February 2020

Part 2. Application Review Procedures 2.4 Additional Application Procedures

statutory basis for the removal and reinternment. (See N.C.G.S. 65-106 for full and detailed requirements.)

Interpretation

The UDO may need to be interpreted in terms of how it applies to a particular, often unanticipated, circumstance. The Planning Director is responsible for all interpretations of the zoning and subdivision provisions in the text of the UDO, as well as for interpretation of zoning district boundaries on the Official Zoning Map.

Something to Know All written interpretations obtained through this procedure are maintained by Planning staff and are binding on subsequent determinations by Town staff in applying the same provision of the UDO in the same circumstances, unless the interpretation is reversed or modified on appeal by the Board of Adjustment or a court of law.

The Town Engineer is responsible for all interpretations of riparian buffer, stormwater management, and engineering provisions in the text of the UDO. The Building Official is responsible for all interpretations of Building Code provisions as they relate to the UDO, including interpretations relating to issuance of a Certificate of Compliance/Occupancy.

See Section 2.5.15 in the UDO for specific application procedures.

Plot Plan

A plot plan is required when a new attached single family, duplex, detached single family, or manufactured home dwelling or an addition to an existing dwelling is proposed. A plot plan is also required for decks and porches. A plot plan allows staff to determine if regulations such as setbacks, proposed grades and erosion control are met. The applicant submits a building permit with the plot plan to the Inspections Department.

Things to Know ▪ Final plot plans must be signed and sealed by a North Carolina licensed land surveyor. ▪ The final plot plan requirement may be waived by the Planning Director for decks and porches that either do not encroach into a setback or where staff can visually determine setback requirements are met. ▪ Certificates of Compliance/Occupancy will not be issued without a final plot plan.

A plot plan shall include all items on the checklist (see 4.5.18). A link to the example is located in Part 4.1.3.

Retaining Wall

General

• The Town requires all retaining walls or structures functioning in a similar fashion, with an exposed vertical face (finished grade to top of wall) of 4 feet (48 inches or 1219 mm) shall be designed under the responsible charge of a registered design professional. • The 2012 North Carolina Building Code, Section 1807.2.5 includes requirements for the design and construction of retaining walls associated with Commercial Development. Specifically:

Things to Know ▪

These requirements apply to all commercial construction, which include retaining walls and grades falling within the criteria described in 1807.2.5 and those others deemed necessary by the Town. ▪ The Town may apply the above criteria to residential projects where retaining walls impact public use, public or private access areas, span across property lines, or as deemed necessary by the Town.

Retaining systems providing a cumulative vertical relief greater than 5 feet (1524 mm) in height within a horizontal separation distance of 50 feet (15 m) or less, including retaining walls or mechanically stabilized earth walls, shall be designed under the responsible charge of a registered design professional. Retaining