Morrisville Unified Development Ordinance - May 2020

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

B. Appeal 1.

A party aggrieved or adversely affected by any final decision on an application by the Town Council or Board of Adjustment may seek review of the decision in the courts in accordance with applicable state law, provided that the appeal shall be filed with the clerk of the Superior Court of Wake County or Durham County, as appropriate, within 30 days after the decision is effective or the date a written notice of decision or copy of the decision has been provided in accordance with subsection A above. If the notice of decision or copy of the decision was provided via first class mail, three days shall be added to filing deadline. 2. A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Section 2.5.22, Administrative Appeal. C. Effect of Approval Authorized Activity a. Approval of any development application in accordance with this Ordinance authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application. b. If one development permit or approval is a prerequisite to another permit or approval (e.g., variance approval prior to a site plan approval), development may not take place until all required permits and approvals are obtained. Approval of one application does not necessarily guarantee approval of any subsequent application. 2. Expiration of Approval a. A development application approval shall be valid as authorization for the approved activity until the endof the expiration time periodprovided in Section 2.5, Application-Specific Review Procedures, for the particular type of application. b. A change in ownership of the land shall not affect the established expiration time period of an approval. D. Modification or Amendment of Approval Unless otherwise provided in Section2.5, Application-Specific ReviewProcedures, for the particular type of application, any modifications of approved plans or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of application. E. Limitation on Subsequent Similar Applications 1. If an application requiring a public hearing is denied or withdrawn after provision of or final arrangement for required notice of the public hearing meeting, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of the denial or withdrawal unless the decision-making body waives this time limit in accordance with subsection 2 below. 2. The owner of land subject to the time limit provided in subsection 1above, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the PlanningDirector, whoshall transmit the request to the decision- making body. The decision-making body may grant a waiver of the time limit only if two-thirds of its membership finds that the owner or agent has demonstrated that: a. There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision -making body's application of the relevant review standards to the development proposed in the new application; or 1.

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-25