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

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. Planning and Zoning Board Review and Recommendation The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6. Town Council Review and Decision The Town Council shall review and decide the application in accordance with Section 2.4.7. The decision shall be one of the following: 6.

Right-of-Way Encroachment Agreement ApporvalAgreement Pre-Application Conference

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

a. Approve the application as submitted;

Scheduling and Notice of Meetings

b. Approve the application subject to conditions;

c.

Deny the application; or

Planning and Zoning Board Review and Recommendation with public comment session

d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require additional review fees.)

7.

Post-Decision Actions

Town Council Review and Decision with standard public hearing

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

a. Effect of Approval

Right-of-Way Encroachment Agreement Approval authorizes submittal of an application for a Building Permit to install or construct approved structures accessory to development on adjoining property within a public street right-of-way maintained by the Town of Morrisville b. Expiration of Approval Right-of-Way Encroachment Agreement Approval shall expire if the approved structures accessory to development on adjoining property is not constructed or installed within six months after the date of Right-of-Way Encroachment Agreement Approval. Minor Modifications Allowed (1) The applicant may request, and the Planning Director may approve, minor deviations from the approved Right-of-Way Encroachment Agreement where the applicant demonstrates that such deviations: a. Do not affect the overall concept of the approved Right-of-Way Encroachment Agreement; c.

b.

Will not result in any maintenance costs for the Town;

c. Are necessitated by physical, construction, or installation difficulties; and

d. Are consistent with the Right-of-Way Encroachment Agreement Approval.

(2) The request shall be in writing, include a detailed justification for the requested deviations, and be accompanied by the appropriate revised bulleted drawings, as determined by the Planning Director.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 2-68