Morrisville UDO Administrative Manual - May 2020

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

be appealed to the courts in accordance with State law.

See Section 2.5.22 in the UDO for specific application procedures.

Alternative Equivalent Compliance

The Alternative Equivalent Compliance procedure is intended to allow deviations from access and circulation, building organization and design, parking and loading, or landscaping standards where needed to encourage creative and unique design that might not be possible through compliance with the letter of those standards.

Things to Know ▪ This flexibility procedure is limited to certain listed standards. ▪ Approval of Alternative Equivalent Compliance expires if the associated application is denied or if approval of the concurrently reviewed application expires, revoked, or otherwise becomes invalid.

This flexibility is available only if the alternative design can be demonstrated as achieving the intent of the standards to an equivalent degree as the standards themselves, and it provides one or more public benefits acceptable to the Town Council.

See Section 2.5.20 in the UDO for specific application procedures.

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 160A, Article 19, Part 3D 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 or N.C.G.S. 160A- 400.26. ▪ 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 N.C.G.S. 160A- 400.20 et seq.

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.

Morrisville, NC

May 29, 2020

Administrative Manual

Page 2-20