Morrisville Unified Development Ordinance - May 2020

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.24. Right-of-WayEncroachment Agreement Approval

D. Development Agreement Review Standards

A development agreement shall meet andbe subject to all requirements andprovisions in Chapter 160A, Article 19, Part 3D of the North Carolina General Statutes, including the following: 1. Section 160A-400.23’s site area and duration requirements; 2. Section 160A-400.24’s requirement that delivery of public facilities be tied to implementation of the proposed development; 3. Section 160A-400.25’s requirements for minimum contents of development agreements, phasing, performance standards and agreement modifications; and 4. Section 160A-400.28’s provisions for amendment or cancellation of development agreements.

2.5.24. Right-of-Way Encroachment Agreement Approval

A. Applicability The procedures and standards in this subsection apply to the review of applications for Right-of-Way Agreement Approval, which shall be required prior to locating any structure accessory to development on adjoining property within a public street right-of-way maintained by the Town of Morrisville. B. Right-of-Way Encroachment Agreement Approval Procedure Figure 2.5.24.B and the following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Right-of-Way Encroachment Agreement Approval applications andnote any specific variations of, or additions to, those review steps. 1. Pre-Application Conference The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. 2. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3. 3. Staff Review and Recommendation The Planning Director shall review the application, allow revisions of the application, and prepare a staff report and recommendation in accordance with Section 2.4.4. 4. Scheduling and Public Notice of Meetings The Planning Director shall schedule the application for, and provide required public notices of, Planning and Zoning Board and Town Council meetings in accordance with Section 2.4.5. 5. Planning and Zoning Board Review and Recommendation The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6. 6. Town Council Review and Decision

Right-of-Way Encroachment Agreement Approval

Step is Applicable

Step is Not Applicable

Pre-Application Conference

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

Scheduling and Notice of Meetings

Planning and Zoning Board Review and Recommendation with public comment session

Town Council Review and Decision with standard public hearing

Figure 2.5.24.B

The Town Council shall review and decide the application in accordance with Section 2.4.7. The decision shall be one of the following:

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 2-74