Morrisville Unified Development Ordinance – September 2018

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

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.) 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. c. 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; (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) 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: Complies with applicable district standards in Article 3: Zoning Districts, and applicable use standards in Section 4.3, Accessory Uses and Structures;

Complies with all other applicable standards in this Ordinance; Complies with the Engineering Design and Construction Manual; Complies with all other applicable Town ordinances and state and federal laws; and

Morrisville, NC

September 25, 2018

Unified Development Ordinance

Page 2-73