Morrisville Unified Development Ordinance - February 2021.1

Article 2: Administration Section 2.4. Standard Review Procedures 2.4.8. Post-Decision Actions and Limitations

(Ord. No. 2016-001, 05/10/2016

Post-Decision Actions and Limitations

2.4.8.

A. Notice of Decision 1.

Within ten calendar days after a final decision on a development application, the Planning Director shall provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public in the Planning Department during normal business hours. 2. If the review involves a quasi-judicial hearing, the Planning Director shall, within ten days after a final decision on the application, also provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of application site, the applicant (if different than the owner), and to any person who has submitted a written request for a copy of the decision before its effective date. The Planning Director shall also certify that the copy of the decision has been provided. A party aggrieved or adversely affected by any final decision on an application by the Town Council or Planning and Zoning Board may seek review of the decision in the courts in accordance with applicable state law, provided that the appeal shall be filed with the clerk of the Superior Court of Wake County or Durham County, as appropriate, within 30 days after the decision is effective or the date a written notice of decision or copy of the decision has been provided in accordance with subsection A above. If the notice of decision or copy of the decision was provided via first class mail, three days shall be added to filing deadline. 2. A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Section 2.5.22, Administrative Appeal. Authorized Activity a. Approval of any development application in accordance with this Ordinance authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application. b. If one development permit or approval is a prerequisite to another permit or approval (e.g., variance approval prior to a site plan approval), development may not take place until all required permits and approvals are obtained. Approval of one application does not necessarily guarantee approval of any subsequent application. Expiration of Approval a. A development application approval shall be valid as authorization for the approved activity until the end of the expiration time period provided in Section 2.5, Application-Specific Review Procedures, for the particular type of application. b. A change in ownership of the land shall not affect the established expiration time period of an approval. D. Modification or Amendment of Approval Unless otherwise provided in Section 2.5, Application-Specific Review Procedures, for the particular type of application, any modifications of approved plans or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of application. 2. (Ord. No. 2016-001, 05/10/2016) B. Appeal 1. C. Effect of Approval 1.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-22