Morrisville Unified Development Ordinance – September 2018

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.20. Alternative Equivalent Compliance

Application Submittal and Acceptance a. The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund. The request shall include justifications for the Alternative Equivalent Compliance, based on the review standards in subsection 2.5.19.D, Alternative Equivalent Compliance Review Standards below. b. In no instance shall an application for an Alternative Equivalent Compliance be submitted after an associated application has been determined complete by the Planning Director and accepted for review. Staff Review and Recommendation a. The Planning Director shall review the application, allow revisions, and prepare a staff report and recommendation in accordance with Section 2.4.4. b. The Planning Director, at his or her discretion, may seek the advice of a third party to evaluate a proposed alternative. The cost of any third party review shall be the responsibility of the applicant. (Ord. No. 2018-302-0, 09/11/2018) 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. Planning and Zoning Board Review and Recommendation The Planning and Zoning Board shall review the application, hold a public comment session, and make a recommendation in accordance with Section 2.4.6. Town Council Review and Decision The Town Council shall review the application, hold a quasi-judicial public hearing, 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; d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.) Post-Decision Actions The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Issuance and Recordation of Alternative Equivalent Compliance If the Alternative Equivalent Compliance application is approved, the Planning Director shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B, Appeal), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located.

September 25, 2018

Morrisville, NC

Page 2-64

Unified Development Ordinance