UDO Update 082024

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.23. Administrative Appeal

(C) The Town Council holds a duly noticed public hearing and adopts an ordinance revoking the approval based on a finding that natural or man-made hazards pose a threat to the public health, safety, and welfare if the development were to proceed; (D) The Town provides the affected landowner compensation for all costs, expenses, and other losses incurred by the landowner — including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the Town, together with interest thereon at the legal rate; (E) The Town Council holds a duly noticed public hearing and adopts an ordinance revoking the approval based on a finding that the landowners or their representatives intentionally supplied inaccurate information or misrepresented the development proposal in a manner that made a difference in the Town ’s approval; or (F) Enactment of a state or federal law or regulation precludes the authorized development, in which case the Town Council may, after a duly noticed public hearing, modify the approval on finding that the enacted state or federal law has a fundamental effect on approval of the site-specific development plan or the concurrently reviewed development application. (2) Revocation of Site-Specific Development Plan Designation eliminates the vested right established by approval of the Site-Specific Development Plan Designation, but does not itself terminate any unexpired development permit or approval associated with the plan. A. Right to Appeal Any party aggrieved by a decision, interpretation, or order made by the Planning Director, Town Engineer, or other Town administrative official in administering or enforcing the provisions of this Ordinance may appeal the decision, interpretation, or order to the Planning and Zoning Board by submitting an Administrative Appeal application to the Planning Director within 30 days after the decision, interpretation, or order being appealed. The 30 day deadline is to begin 3 business days after the written notice of decision is mailed or transmitted to the applicant. The official who made the decision or the person currently occupying that position if the decision-maker is no longer employed by the local government shall be present at the evidentiary hearing as a witness. In addition, prior to a final decision by the Bard, any application of appeal shall stay enforcement action and accrual of any fines assessed unless such stay would cause imminent peril to life or property. B. Administrative Appeal Procedure The following subsections identify the steps in the standard review procedure (see Section 2.4) that apply to the review of applications for Administrative Appeal. Specific variations of, or additions to, the standard review procedures are identified below. 2.5.23. Administrative Appeal

1.

Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, subject to the following:

a. The application shall:

(1) Identify the decision, interpretation, order being appealed;

(2) State facts demonstrating that the applicant is a party aggrieved by the decision, interpretation, or order being appealed;

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-66