UDO_Adopted Version_February 2025-BAC Updated 4.29.25

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.25. Right-of-Way Encroachment Agreement Approval

2.5.25. Right-of-Way Encroachment Agreement Approval

Right-of-Way Encroachment Agreement ApporvalAgreement Pre-Application Conference

A. Applicability The procedures and standards in this subsection apply to the review of applications for Right-of-Way Agreement Approval, which shall be required prior to locating any structure accessory to development on adjoining property within a public street right-of-way maintained by the Town of Morrisville. B. Right-of-Way Encroachment Agreement Approval Procedure The following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Right-of-Way Encroachment Agreement Approval applications and note any specific variations of, or additions to, those review steps.

Application Submittal and Acceptance

Staff Review and Recommendation with DRC review

Scheduling and Notice of Meetings

1.

Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

Planning and Zoning Board Review and Recommendation with public comment session

2.

Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3. Staff Review and Recommendation The Planning Director shall review the application, allow revisions of the application, and prepare a staff report and recommendation in accordance with Section 2.4.4. 4. Scheduling and Public Notice of Meetings 3.

Town Council Review and Decision with standard public hearing

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.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6. 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:

Morrisville, NC

July 9, 2024 Page 2-72

Unified Development Ordinance