Morrisville Unified Development Ordinance - April 2019

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.20. Alternative Equivalent Compliance

b. Effect of Approval Approval of an Alternative Equivalent Compliance authorizes only the particular alternative design authorized by the approval, as applied only to the development authorized by the approved development application with which it is associated. Expiration of Approval Approval of an Alternative Equivalent Compliance 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. D. Alternative Equivalent Compliance Review Standards A request for an Alternative Equivalent Compliance shall be approved only if the Town Council reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing: The proposed alternative design will achieve the intent of the standard(s) from which a deviation is sought to the same or a higher degree than the subject standard(s); The proposed alternative design is consistent with the Comprehensive Plan and advances the goals of this Ordinance to the same or a higher degree than the standard(s) from which a deviation is sought; The proposed alternative design will impose no greater impacts on adjacent lands than would occur through compliance with the standard(s) from which a deviation is sought; c.

The proposed alternative design will not negatively impact public health and safety; and

The proposed alternative design will provide one or more of the following public benefits to an extent that exceeds requirements of this Ordinance and any other local, state, or federal laws and that is sufficient to compensate for the requested deviation from standards:

a. Deed-restricted workforce and/or affordable housing.

b. Redevelopment of a brownfield site.

c. Permanent conservation of natural areas, lands, or existing trees in addition to that required by this Ordinance. d. Protection against flood damage in addition to that required by Section 5.6, Floodplain Management.

e. Cultural or historic facilities deeded to the Town or qualified not-for-profit agencies.

f. Dedication of land for or the construction of transportation facilities in addition to that required by this Ordinance. g. Protection of streams by providing higher water quality standards to that required by Article 7: Stormwater Management. h. Protection of streams by providing an additional 50 feet of riparian buffer to that required by Article 6: Riparian Buffers, for a total of 100 feet. i. Planting of replacement trees exceeding the standards of Section 5.4.7.A, Replacement Trees, on public lands or other suitable sites, as determined by the Town Council.

j. Support for the implementation of the Town’s Main Street District on Carolina Street.

k. Other benefits approved by the Town Council.

(Ord. No. 2014-051, 11/10/2014; Ord. No. 2018-302-0, 09/11/2018; Ord. No. 2018-302-0, 09/11/2018)

Morrisville, NC

April 23, 2019

Unified Development Ordinance

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