Morrisville Unified Development Ordinance - May 2020

Article 2: Administration Section 2.4. StandardReview Procedures 2.4.8. Post-Decision Actions andLimitations

1. The Board of Adjustment or Town Council shall clearly state the factors considered in its decision and the basis or rationale for the decision. 2. If the review involves a quasi-judicial hearing, the decision shall be reduced to writing, be signed by a duly authorizedmember of the Boardof Adjustment or Town Council, as appropriate, include findings of fact based on competent, material, and substantial evidence presented at the hearing, reflect the determination of contested facts, and state how the findings support compliance with applicable review standards. The decision is effective upon its filing with the Planning Director (for Board of Adjustment decisions) or the Town Clerk (for Town Council decisions). 3. The Board of Adjustment or Town Council shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the town. C. Conditions of Approval 2. Limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, Manuals referenced herein, or related approvals (e.g., conditional zoning, special use permit, etc.); or 3. Related in both type and scope to the anticipated impacts of the proposed development. D. Revision of Application 1. After the Board of Adjustment or Town Council, as appropriate, has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The Board of Adjustment or Town Council, as appropriate, may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff or the Board of Adjustment or Town Council, as appropriate, and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application. 2. Any other revisions to the application may be submitted, but the revised application shall be submitted to the Planning Director and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs. Any conditions of approval shall be: 1. Expressly set forth in the approval;

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

Post-Decision Actions and Limitations

2.4.8.

A. Notice of Decision

1. Within ten calendar days after a final decision on a development application, the PlanningDirector shall provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the applicant andmake a copy of the decision available to the public in the PlanningDepartment during normal business hours. 2. If the review involves a quasi-judicial hearing, the Planning Director shall, within ten days after a final decision on the application, also provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of application site, the applicant (if different than the owner), and to any person who has submitted a written request for a copy of the decision before its effective date. The Planning Director shall also certify that the copy of the decision has been provided.

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

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-24