Morrisville Unified Development Ordinance - July 2021

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

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. Application Submittal and Acceptance a. The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund.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. 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. Staff Review and Recommendation

2.

3.

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

4.

Scheduling and Public Notice of Meetings

The Planning Director shall schedule the application for, and provide required public notices of, Planning and Zoning Board and Town Council meetings in accordance with Section 2.4.5.

5.

Town Council Review and Decision

The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c.

Deny the application;

6.

Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Issuance and Recordation of Alternative Equivalent Compliance If the Alternative Equivalent Compliance application is approved, the Planning Director 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. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B, Appeal),

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-59