Morrisville Unified Development Ordinance - October 2021

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

2.5.22. Administrative Appeal

Administrative Appeal

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 Planning and Zoning Board by submitting an Administrative Appeal application to the Planning Director within 30 days after the decision, interpretation, or order being appealed. The 30 day deadline is to begin 3 business days after the written notice of decision is mailed or transmitted to the applicant. The official who made the decision or the person currently occupying that position if the decision-maker is no longer employed by the local government shall be present at the evidentiary hearing as a witness. In addition, prior to a final decision by the Bard, any application of appeal shall stay enforcement action and accrual of any fines assessed unless such stay would cause imminent peril to life or property.

Pre-Application Conference

Application Submittal and Acceptance

Staff Compilation and Transmittal of Relevant Documents and Materials

Scheduling and Notice of Meetings

B. Administrative Appeal Procedure The following subsections identify the steps in the standard review procedure (see Section 2.4) that apply to the review of applications for Administrative Appeal. Specific variations of, or additions to, the standard review procedures are identified below. 1. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, subject to the following: Planning and Zoning Board Decision with quasi-judicial hearing

a. The application shall:

(1) Identify the decision, interpretation, order being appealed;

(2) State facts demonstrating that the applicant is a party aggrieved by the decision, interpretation, or order being appealed; (3) Describe the alleged error in the decision, interpretation, or order being appealed and the grounds on which the applicant contends that an error was made;

(4) Set forth facts and materials in support of the appeal; and

(5) Set forth the relief the applicant seeks.

b. Except for appeals of the amount of an imposed civil penalty, submittal and acceptance of an Administrative Appeal application stays all Town actions in furtherance of the decision, interpretation, or order being appealed unless the official from whom the appeal is taken certifies to the Planning and Zoning Board that, because of facts stated in the certification, a stay would cause imminent peril to life or property, or that, because the violation charged is transitory in nature, a stay would seriously interfere with enforcement of this Ordinance. In that case, proceedings may not be stayed except by a restraining order granted by the Planning and Zoning Board or by a court of record on petition, after notice to the official from whom the appeal is taken, and for due cause shown.

2. Staff Transmittal of Materials to Planning and Zoning Board

The Planning Director shall:

a. Refer the application to the administrative official whose decision, interpretation, or order is being appealed;

Morrisville, NC

October 1, 2021

Unified Development Ordinance

Page 2-64