Morrisville Unified Development Ordinance - June 2017

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.21. Site-Specific Development Plan Designation

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application.

b. If the Town Council approves the application, it shall designate each of the site-specific development plans in the concurrently reviewed development application as a site-specific development plan that establishes a vested right in accordance with Section 160A-385.1 of the North Carolina General Statutes for at least two years after the date of approval. The Town Council may extend the vested rights period to up to five years if it determines the extension is warranted in light of all relevant circumstances—including, but not limited to, the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions. The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Ef f ect of Approval Designation of an approved plan as a site-specific development plan establishes a vested right to development shown on the plan and authorized by approval of the concurrently reviewed application for at least two years, but not exceeding five years, after the date of approval, as provided for in Section 160A-385.1 of the North Carolina General Statutes. Post-Decision Actions

b. Expiration of Approval

Designation of an approved plan as a site-specific development plan shall automatically expire at the end of the approved vested rights period.

c. Revocation of Site-Specific Development Plan Designation

(1) The Town may revoke approval of Site-specific Development Plan Designation if:

(A) The applicant fails to comply with all applicable terms and conditions of the approval;

(B)

The affected landowner consents, in writing, to the revocation;

(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

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 2-67