UDO Update 082024

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.7. Subdivision Approvals

(3) Minor Changes Allowed

(A) Subsequent development applications may incorporate minor changes from the development defined by the Type 1 Subdivision Preliminary Plat Approval, without the need to amend the Type 1 Subdivision Preliminary Plat Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(i)

Continue to comply with this Ordinance;

(ii) Are necessary to comply with conditions of approval; or

(iii) Are consistent with the Type 1 Subdivision Preliminary Plat Approval. Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Type 1 Subdivision Preliminary Plat Approval. (B) In any case, the following changes from the Type 1 Subdivision Preliminary Plat Approval shall constitute a major change requiring amendment of the Type 1 Subdivision Preliminary Plat Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval:

(i)

A change in a condition of approval; and

(ii) An increase in the number of lots.

2. Type 2 Subdivision Preliminary Plat Approval Procedure

The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Type 2 Subdivision Preliminary Plat Approval application and note any specific variations of, or additions to, those review steps.

a. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3. b. Staff Review and Decision The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions; or

(3) Deny the application.

Post-Decision Actions

c.

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

(1) Effect of Approval

Type 2 Subdivision Preliminary Plat Approval does not authorize specific development activity, but does authorize the submittal of applications for Construction Plan Approval (Section 2.5.8) and other development permits and approvals required to construct or install the public infrastructure and private utility improvements proposed to serve the subdivision or an approved phase of the subdivision (see Section 8.1.2 Phasing of Development).

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-41