Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.22. Administrative Appeal

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;

Administrative Appeal

(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; 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 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 a fundamental effect on approval of the site-specific development plan or the concurrently reviewed development application.

Step is Applicable

Step is Not Applicable

(E)

Pre-Application Conference

Application Submittal and Acceptance

Staff Compilation and Transmittal of Relevant Document and Materials

(F)

Scheduling and Notice of Meetings

Planning and Zoning Board Review and Recommendation

(2) Revocation of Site-Specific Development Plan Designation eliminates the vested right established by approval of the Site-Specific Development Plan Designation, but does not itself terminate any unexpired development permit or approval associated with the plan.

Board of Adjustment Review and Decision with quasi-judicial public hearing

2.5.22. Administrative Appeal

Figure 2.5.22.B

A. Right to Appeal

Any party aggrieved by a decision, interpretation, or order made by the Planning Director, Town Engineer, or other Town administrative official in administering or enforcing the provisions of this Ordinance may appeal the decision, interpretation, or order to the Board of Adjustment by submitting an Administrative Appeal application to the Planning Director within 30 days after the decision, interpretation, or order being appealed.

October 1, 2019

Morrisville, NC

Page 2-68

Unified Development Ordinance