UDO Update 082024

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

e. Complies with all other applicable Town ordinances and state and federal laws; and

f.

Includes all required certifications.

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

D. Determination of Subdivision Exclusion

1. Determination of Subdivision Exclusion Procedure

The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Determination of Subdivision Exclusion 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The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund. b. Staff Review and Decision (1) 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: (A) Determination that the proposed division of land is not a subdivision subject to regulation under this Ordinance; or (B) Determination that the proposed division of land is a subdivision subject to regulation under this Ordinance. (2) On determining that the proposed division of land is a subdivision subject to regulation under this Ordinance, the Planning Director shall direct the applicant to the Type 1 Subdivision Preliminary Plat Approval procedure or the Type 2 Subdivision Preliminary Plat Approval procedure, as appropriate.

Post-Decision Actions

c.

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

(1) Certification and Recordation of Approved Subdivision Exclusion Plat

Determination of Subdivision Exclusion

If the Planning Director determines that the proposed division of land is not a subdivision subject to regulation under this Ordinance and the applicant wishes to record a plat of the division, the applicant shall submit the plat to the Planning Director, who shall certify on the plat the Town ’s determination that the plat is not subject to subdivision regulation under this Ordinance. The applicant may then record the certified Subdivision Exclusion plat with the Register of Deeds for the county in which the development site is located and shall return a copy of the recorded plat to the Planning Director. Application Submittal and Acceptance Staff Review and Planning Director Decision

(2) Effect of Approval

Recordation of a certified Subdivision Exclusion Plat authorizes the applicant to convey the platted lots by reference to the recorded plat. It also authorizes the owners of recorded lots to submit applications for a Building Permit or other development permit or approval required to develop the lot, provided all dedications and public infrastructure

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-45