Morrisville Unified Development Ordinance - September 2023.2

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.21. Alternative Equivalent Compliance

e.

Section 5.8, Access and Circulation.

f. Section 5.9, Building Configuration and Design.

g. Section 5.10, Parking and Loading.

h. Section 5.12, Landscaping.

2. An application for an Alternative Equivalent Compliance may only be submitted and reviewed concurrently with an application for a Special Use Permit, Type 1 Subdivision Preliminary Plat Approval, Type 2 Subdivision Preliminary Plat Approval, Site Plan Approval, or Construction Plan Approval. The application for an Alternative Equivalent Compliance shall be reviewed in accordance with subsection C below irrespective of whether all the required review steps are required for the concurrently reviewed application. C. Alternative Equivalent Compliance Procedure The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Alternative Equivalent Compliance application and note any specific variations of, or additions to, those review steps. (Ord. No. 2016-001, 05/10/2016; Ord. No. 2018-302-0, 09/11/2018) The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. Application Submittal and Acceptance a. The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund.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. 2. 1. Pre-Application Conference

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. 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. 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:

Alternative Equivalent Compliance

3.

Pre-Application Conference

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

(Ord. No. 2018-302-0, 09/11/2018)

4.

Scheduling and Notice of Meetings

Town Council Review and Decision with quasi-judicial hearing

5.

Morrisville, NC

June 13, 2023

Unified Development Ordinance

Page 2-62