Morrisville Unified Development Ordinance - February 2021.2

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

a. Section 3.5, Town Center Districts. b. Section 5.3, Subdivision Blocks, Lots, and Reference Points. c. Section 5.4, Tree Protection. d. Section 5.5, Common Open Space and Recreation Area e. Section 5.8, Access and Circulation. f. Section 5.9, Building Configuration and Design. g. Section 5.10, Parking and Loading. h. Section 5.12, Landscaping.

2. An application for an Alternative Equivalent Compliance may only be submitted and reviewed concurrently with an application for a Special Use Permit, Type 1 Subdivision Preliminary Plat Approval, Type 2 Subdivision Preliminary Plat Approval, Site Plan Approval, or Construction Plan Approval. The application for an Alternative Equivalent Compliance shall be reviewed in accordance with subsection C below irrespective of whether all the required review steps are required for the concurrently reviewed application. (Ord. No. 2016-001, 05/10/2016; Ord. No. 2018-302-0, 09/11/2018) C. Alternative Equivalent Compliance Procedure The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Alternative Equivalent Compliance application and note any specific variations of, or additions to, those review steps. 1. Pre-Application Conference The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. 2. Application Submittal and Acceptance

a. The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund. The request shall include justifications for the Alternative Equivalent Compliance, based on the review standards in subsection 2.5.19.D, Alternative Equivalent Compliance Review Standards below. b. In no instance shall an application for an Alternative Equivalent Compliance be submitted after an associated application has been determined complete by the Planning Director and accepted for review. 3. Staff Review and Recommendation a. The Planning Director shall review the application, allow revisions, and prepare a staff report and recommendation in accordance with Section 2.4.4. b. The Planning Director, at his or her discretion, may seek the advice of a third party to evaluate a proposed alternative. The cost of any third party review shall be the responsibility of the applicant.

Alternative Equivalent Compliance Pre-Application Conference

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

Scheduling and Notice of Meetings

Town Council Review and Decision with quasi-judicial hearing

(Ord. No. 2018-302-0, 09/11/2018)

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-58