UDO Update 082024

Article 2: Administration Section 2.4. Standard Review Procedures 2.4.8. Post-Decision Actions and Limitations

hearing, reflect the determination of contested facts, and state how the findings support compliance with applicable review standards. The decision is effective upon its filing with the Planning Director (for Planning and Zoning Board decisions) or the Town Clerk (for Town Council decisions). 3. The Planning and Zoning Board or Town Council shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the town.

C. Conditions of Approval

Any conditions of approval shall be:

1.

Expressly set forth in the approval;

2. Limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, Manuals referenced herein, or related approvals (e.g., conditional zoning, special use permit, etc.); or 3. Related in both type and scope to the anticipated impacts of the proposed development. D. Revision of Application 1. After the Planning and Zoning Board or Town Council, as appropriate, has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The Planning and Zoning Board or Town Council, as appropriate, may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff, the Planning and Zoning Board, or Town Council, as appropriate, and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application. 2. Any other revisions to the application may be submitted, but the revised application shall be submitted to the Planning Director and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs.

(Ord. No. 2016-001, 05/10/2016

Post-Decision Actions and Limitations

2.4.8.

A. Notice of Decision

1. Within ten calendar days after a final decision on a development application, the Planning Director shall provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public in the Planning Department during normal business hours. 2. If the review involves a quasi-judicial hearing, the Planning Director shall, within ten days after a final decision on the application, also provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of application site, the applicant (if different than the owner), and to any person who has submitted a written request for a copy of the decision before its effective date. The Planning Director shall also certify that the copy of the decision has been provided.

(Ord. No. 2016-001, 05/10/2016)

B. Appeal

1. A party aggrieved or adversely affected by any final decision on an application by the Town Council or Planning and Zoning Board may seek review of the decision in the courts in accordance with applicable state law, provided that the appeal shall be filed with the clerk of the Superior Court of Wake County or Durham County, as appropriate, within 60 days, or as appropriate per 160D-1405 Statues of limitation, after the decision is effective or the date a written notice of decision or copy of the decision has been provided in accordance with subsection A above. If the

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-22