Morrisville Unified Development Ordinance - October 2021

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

6.

Town Council Review and Decision

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

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c.

Deny the application; or

d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require additional review fees.)

7.

Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Effect of Approval Right-of-Way Encroachment Agreement Approval authorizes submittal of an application for a Building Permit to install or construct approved structures accessory to development on adjoining property within a public street right-of-way maintained by the Town of Morrisville b. Expiration of Approval Right-of-Way Encroachment Agreement Approval shall expire if the approved structures accessory to development on adjoining property is not constructed or installed within six months after the date of Right-of-Way Encroachment Agreement Approval. Minor Modifications Allowed (1) The applicant may request, and the Planning Director may approve, minor deviations from the approved Right-of-Way Encroachment Agreement where the applicant demonstrates that such deviations: a. Do not affect the overall concept of the approved Right-of-Way Encroachment Agreement; c. (2) The request shall be in writing, include a detailed justification for the requested deviations, and be accompanied by the appropriate revised bulleted drawings, as determined by the Planning Director. (3) Any change from the approved Right-of-Way Encroachment Agreement other than those authorized in subsection (1) above requires a new application for Right-of-Way Encroachment Agreement Approval. C. Right-of-Way Encroachment Agreement Approval Review Standards An application for Right-of-Way Encroachment Agreement Approval shall be approved only if the Town Council determines that the structure accessory to development on adjoining property associated with the Right-of-Way Encroachment Agreement: 1. Complies with applicable district standards in Article 3: Zoning Districts, and applicable use standards in Section 4.3, Accessory Uses and Structures; b. Will not result in any maintenance costs for the Town; c. Are necessitated by physical, construction, or installation difficulties; and d. Are consistent with the Right-of-Way Encroachment Agreement Approval.

2. Complies with all other applicable standards in this Ordinance;

Morrisville, NC

October 1, 2021

Unified Development Ordinance

Page 2-69