Morrisville Unified Development Ordinance - April 2019

Article 2: Administration Section 2.3. Summary Table of Development Review Procedures 2.2.4. Town Council

Review of Development Applications

The Town Council shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures. Adopt Schedule of Development-Related Fees The Town Council is authorized to adopt, by ordinance, a schedule of fees governing the review of development applications and plans, inspections, and other matters involving the administration and enforcement of this Ordinance. The Town Council is authorized to adopt, by ordinance, a schedule of civil penalties for violations of this Ordinance. Other Actions The Town Council is authorized to take any other action not assigned or delegated to the Planning Director, Board of Adjustment, Planning and Zoning Board, or other advisory or design-making authority as the Town Council deems desirable and necessary to implement provisions of this Ordinance, and as authorized by state law. B. Conflicts of Interest Special Use Permit Applications a. A Town Council member shall not participate in the review of, or vote on, an application for a Special Use Permit if the action proposed by the application creates a conflict of interest. Such a conflict of interest exists if the member: (2) Fails to disclose ex parte communications; has a financial interest in the outcome of the review; (3) Has a close familial, business, or other associational relationship with an affected person; or (4) Otherwise has a relationship or acts in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. b. If an objection is raised to a Town Council member’s participation in a matter based on a conflict of interest, and the member does not recuse himself or herself, the remaining members of the Town Council present shall by majority vote determine whether the member is or is not disqualified from participating in the review. Other Development Applications A Town Council member shall not participate in the review of, or vote on, any other development application if the outcome of the matter is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. SECTION 2.3. SUMMARY TABLE OF DEVELOPMENT REVIEW PROCEDURES Table 2.3, Summary of Development Review Procedures, lists the various types of development approvals authorized by this Ordinance. For each type of application for approval, the table indicates whether a pre- application staff conference is required, what role various Town review authorities play in its review, when a public comment session or public hearing is required, and what type of public hearing (standard or quasi- judicial) is involved. Reading table rows from left to right provides a summary view of the major steps involved with each type of application for a development approval. Adopt Schedule of Civil Penalties (1) Has a fixed opinion prior to a hearing on the application that is not susceptible to change;

April 23, 2019

Morrisville, NC

Page 2-10

Unified Development Ordinance