Morrisville Unified Development Ordinance - May 2020

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.6. Subdivision Approvals

(3) Minor Changes Allowed

(A) Subsequent development applications may incorporate minor changes from the development defined by the Type 2 Subdivision Preliminary Plat Approval, without the need to amend the Type 2 Subdivision Preliminary Plat Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(i)

Continue to comply with this Ordinance;

(ii) Are necessary to comply with conditions of approval; or

(iii) Are consistent with the Type 2 Subdivision Preliminary Plat Approval and any prior Town Council approval on which the Type 2 Subdivision Preliminary Plat Approval was based (e.g., PD Plan/Agreement approval, Conceptual Master Plan Approval, Type 1 Preliminary Plat Approval). Consistency means the changes wouldnot significantly alter the development’s general function, form, intensity, character, demandon public facilities, impact on adjacent properties, or other characteristic from that indicated by the Type 2 Subdivision Preliminary Plat Approval or any prior Town Council approval on which it was based. (B) In any case, the following changes from the Type 2 Subdivision Preliminary Plat Approval or any prior Town Council approval on which it was based shall constitute a major change requiring amendment of the Type 2 Subdivision Preliminary Plat Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval:

(i)

A change in a condition of approval; and

(ii) An increase in the number of lots.

3.

Preliminary Plat Approval Review Standards

An application for Type 1 Subdivision Preliminary Plat Approval or a Type 2 Preliminary Plat Approval shall be approved only if the Town Council or Planning Director, as appropriate, determines that the proposed subdivision: a. Identifies tree protection areas as required in Section 5.4.5, Tree Protection Plan and Tree Protection Areas; b. Complies with applicable standards in Article 5: Development Standards, Article 6: Riparian Buffers, Article 7: Stormwater Management, and Article 8: Performance and Maintenance; c. Complies with the provisions of the Statement of Voluntary Compliance in Section 5.9.7.B.2 of this Ordinance, if applicable;

d. Complies with all other applicable standards in this Ordinance; and

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

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

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-42