Morrisville Unified Development Ordinance - July 2021

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.24. Right-of-Way Encroachment Agreement Approval

their successors in interest, or in accordance with the provisions of this section or Section 160D-1009 et seq. of the North Carolina General Statutes. (2) Major modification of the agreement shall follow the same procedures as required for initial approval of a Development Agreement. (3) With the mutual consent of the other parties to the agreement, the Planning Director may approve minor modifications of the Development Agreement, without following the same procedures as required for initial approval of the agreement. Before doing so, the Planning Director shall make written findings that the proposed minor modifications would not significantly change the use, intensity, or design of the development, would be consistent with the purposes and goals of the agreement, would comply with this Ordinance, and would not adversely affect the public health, safety, or general welfare. A development agreement shall meet and be subject to all requirements and provisions in Chapter 160D Article 10 of the North Carolina General Statutes, including the following: 1. Section 160D-1004 site area and duration requirements; 2. Section 160D-1006 requirement that delivery of public facilities be tied to implementation of the proposed development; 3. Section 160D-1006 requirements for minimum contents of development agreements, phasing, performance standards and agreement modifications; and A. Applicability The procedures and standards in this subsection apply to the review of applications for Right-of-Way Agreement Approval, which shall be required prior to locating any structure accessory to development on adjoining property within a public street right-of-way maintained by the Town of Morrisville. B. Right-of-Way Encroachment Agreement Approval Procedure The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Right-of-Way Encroachment Agreement Approval applications 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. The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3. 3. Staff Review and Recommendation The Planning Director shall review the application, allow revisions of the application, and prepare a staff report and recommendation in accordance with Section 2.4.4. D. Development Agreement Review Standards 4. Section 160D-1009 provisions for amendment or cancellation of development agreements. 2.5.24. Right-of-Way Encroachment Agreement Approval 2. Application Submittal and Acceptance

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-67