Morrisville Unified Development Ordinance - April 2019

Article 11: Interpretation and Definitions Section 11.5. Terms and Uses Defined 11.4.2. Exceptions and Variations

S UBDIVISION A PPROVAL See “Type 1 Subdivision Preliminary Plat Approval,” “Type 2 Subdivision Preliminary Plat Approval,” or “Final Plat Approval.” S UBDIVISION E XCLUSION A division of land excluded from the definition of “subdivision,” and thus from subdivision regulation under this Ordinance - see Section 2.5.6.D. S UBDIVISION , R ESIDENTIAL A subdivision, or part of a subdivision, that creates lots as building sites for individual single-family detached, duplex, bungalow court, pocket neighborhood, or manufactured home dwellings.

S UBDIVISION , T YPE 1 See Section 2.5.6.A.2, Subdivisions Distinguished.

S UBDIVISION , T YPE 2 See Section 2.5.6.A.2, Subdivisions Distinguished.

S UBSTANTIAL I MPROVEMENT For purposes of floodplain management, any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. The term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. However, the term does not include either: (a) any correction of existing violations of State or community health, sanitary or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or, (b) any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designated as a historic structure and the alteration is approved by a variance issued pursuant to Section 2.5.16, Variance. S UBSTANTIAL P ROGRESS For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: 1. Obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; or

2. Installation and approval of on-site infrastructure; or

3. Obtaining a building permit for the construction and approval of a building foundation.

“Substantial progress” for purposes of determining whether an approved plan is null and void is not necessarily the same as “substantial expenditures” used for determining vested rights pursuant to applicable law.

S URFACE W ATERS All waters of the state as defined in N.C.G.S. 143-212 except underground waters

Morrisville, NC

April 23, 2019

Unified Development Ordinance

Page 11-73