Morrisville Unified Development Ordinance - February 2021

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.6. Subdivision Approvals

(3) Deny the application.

c. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

Type 2 Subdivision Preliminary Plat Approval

(1) Effect of Approval

Type 2 Subdivision Preliminary Plat Approval does not authorize specific development activity, but does authorize the submittal of applications for Construction Plan Approval (Section 2.5.8) and other development permits and approvals required to construct or install the public infrastructure and private utility improvements proposed to serve the subdivision or an approved phase of the subdivision (see Section 8.1.2 Phasing of Development).

Pre-Application Conference

Application Submittal and Acceptance

(2) Expiration of Approval

Staff Review and Planning Director Decision with DRC review

(A) Type 2 Subdivision Preliminary Plat Approval shall expire if no significant work is done or development is made for the subdivision, or an approved phase of the subdivision, within two years after the date of Preliminary Plat Approval. (B) If significant work is completed or development is made for a phase of the subdivision, Type 2 Subdivision Preliminary Plat Approval shall expire if no significant work is done or development is made for any remaining phases of the subdivision within two years after recordation of the last Final Plat for a phase of the subdivision in which significant work was completed or development was made. (C) Failure to comply with the executed Statement of Voluntary Compliance is a violation of this Ordinance and shall void the Type 2 Preliminary Plat Approval. (A) Subsequent development applications may incorporate minor changes from the development defined by the Type 2 Subdivision Preliminary Plat Approval, without the need to amend the Type 2 Subdivision Preliminary Plat Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes: (iii) Are consistent with the Type 2 Subdivision Preliminary Plat Approval and any prior Town Council approval on which the Type 2 Subdivision Preliminary Plat Approval was based (e.g., PD Plan/Agreement approval, Conceptual Master Plan Approval, Type 1 Preliminary Plat Approval). Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Type 2 Subdivision Preliminary Plat Approval or any prior Town Council approval on which it was based. (B) In any case, the following changes from the Type 2 Subdivision Preliminary Plat Approval or any prior Town Council approval on which it was based shall constitute a major change requiring amendment of the Type 2 Subdivision Preliminary Plat (i) Continue to comply with this Ordinance; (ii) Are necessary to comply with conditions of approval; or

(3) Minor Changes Allowed

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-38