Morrisville Unified Development Ordinance - February 2021.2

Article 6: Riparian Buffers Section 6.6. Variances from Riparian Buffer Regulations 6.6.2. Riparian Buffer Variance Procedure

2. If the Riparian Buffer Variance application requests a Major Variance, the decision shall be a preliminary determination of compliance with the review standards in Section 6.6.3, Riparian Buffer Variance Review Standards, which shall be submitted to the North Carolina Environmental Management Commission to approve, approve with conditions, or deny. 3. Approval of an application for a Minor Variance shall require the affirmative vote of at least 4/5 of all the members of the board. (In such cases, vacant positions and members who are excused from voting shall not be considered members of the board.) F. Post-Decision Actions The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: 1. Appeal of Decisions on Minor Variance Applications If the decision was approval or denial of an application for a Minor Variance, the decision may be appealed to the Planning and Zoning Board under NCGS 160A-388 or NCGS 153A-345. 2. Appeal of Decisions on Major Variance Applications Appeals from a Commission decision on a major variance request are made on judicial review to Superior Court. a. Upon the Commission's approval, the Division or the delegated local authority shall issue a final decision granting the major variance. b. Upon the Commission's approval with conditions or stipulations, the Division or the delegated local authority shall issue a final decision, which includes these conditions or stipulations. c. Upon the Commission's denial, the Division or the delegated local authority shall issue a final decision denying the major variance. (Ord. No. 2016-054, 11/22/2016) 3. Submittal of Preliminary Determination on Major Variance Applications to State

Riparian Buffer Variance Pre-Application Conference

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

Scheduling and Notice of Meetings

Minor Variance Planning and Zoning Board Review with quasi-judicial hearing Major Variance Planning and Zoning Board Review with quasi-judicial hearing

Major Variance Submittal of Preliminary Determination to NC Environmental Management Commission for Review and Decision

a. If the decision was a preliminary determination on an application for a Major Variance, the Town Engineer shall submit the preliminary determination to the North Carolina Environmental Management Commission for approval in accordance with applicable State regulations. b. After the North Carolina Environmental Management Commission approves the Major Variance or approves it with conditions or stipulations added, then the Commission shall submit a copy of its decision to the Town Engineer, who shall file it in the Planning Department. 4. Issuance and Recordation of Variance If a Riparian Buffer Variance application is approved, the Town Engineer shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. The documentation shall also include notice of the Town’s right to inspect riparian buffers to ensure compliance with this article. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 6-9