UDO Update 082024

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

notice of decision or copy of the decision was provided via first class mail, three days shall be added to filing deadline. 2. A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Section 2.5.22, Administrative Appeal. C. Effect of Approval Authorized Activity a. Approval of any development application in accordance with this Ordinance authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application. b. If one development permit or approval is a prerequisite to another permit or approval (e.g., variance approval prior to a site plan approval), development may not take place until all required permits and approvals are obtained. Approval of one application does not necessarily guarantee approval of any subsequent application. Expiration of Approval a. A development application approval shall be valid as authorization for the approved activity until the end of the expiration time period provided in Section 2.5, Application-Specific Review Procedures, for the particular type of application. b. A change in ownership of the land shall not affect the established expiration time period of an approval. D. Modification or Amendment of Approval Unless otherwise provided in Section 2.5, Application-Specific Review Procedures, for the particular type of application, any modifications of approved plans or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of application. 1. If an application requiring a public hearing is denied or withdrawn after provision of or final arrangement for required notice of the public hearing meeting, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of the denial or withdrawal unless the decision-making body waives this time limit in accordance with subsection 2 below. 2. The owner of land subject to the time limit provided in subsection 1 above, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the Planning Director, who shall transmit the request to the decision making body. The decision-making body may grant a waiver of the time limit only if two-thirds of its membership finds that the owner or agent has demonstrated that: a. There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or b. New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or c. The new application proposed to be submitted is materially different from the prior application; or 1. 2. E. Limitation on Subsequent Similar Applications

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-23