Updated Working DRAFT UDO_Adopted Version_July 2024

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.7. Subdivision Approvals

D. Special Use Permit Review Standards A Special Use Permit application shall be approved only if the Town Council reaches each of the following conclusions of law, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing: 1. The proposed development will not materially endanger the public health or safety; 2. The proposed development will comply with all regulations and standards generally applicable within the zoning district and specifically applicable to the particular type of Special Use; 3. The proposed development will not substantially injure the value of adjoining property, or is a public necessity; 4. The proposed development will be in harmony with the intensity, scale, and character of development existing or planned in the surrounding area; 5. The proposed development will not cause undue traffic congestion or create a traffic hazard; 6. The proposed development will not generate needs for transportation, water supply, sewage disposal, fire and police protection, and similar public services that cannot be adequately handled by available infrastructure and facilities; General The procedure and standards in this subsection apply to the review of any proposed subdivision, as defined in Section 11.5, Terms and Uses Defined, including the development of open space, streets, other public infrastructure improvements, and private utility improvements proposed or required to serve the future development of subdivided lots and parcels. a. Type 1 Preliminary Plat All preliminary plats proposing single-family detached, attached, or duplex dwellings submitted under this Ordinance shall be reviewed and decided in accordance with the procedures and standards in Section 2.5.6.B.1, Type 1 Preliminary Plat Approval Procedure and Section 2.5.6.C, Final Plat Approval. b. Type 2 Preliminary Plat (1) With the exception of subdivisions associated with a Planned Development District or a Conceptual Master Plan Approval, if all property owners provide an executed Statement of Voluntary Compliance in accordance with Section 5.9.7.B.2 of this Ordinance and Section 2.5.6.C, Final Plat Approval, plats proposing single-family detached, attached, or duplex dwellings may be reviewed and decided in accordance with Section 2.5.6.B.2, Type 2 Subdivision Preliminary Plat Approval Procedure. (2) All preliminary plats associated with a Site Plan or Site Plan for uses other than those identified in subsection 2.5.6.A.2.b.(1) shall be reviewed and decided in accordance with the procedures and standards in Section 2.5.6.B.2, Type 2 Subdivision Preliminary Plat Approval Procedure, and Section 2.5.6.C, Final Plat Approval. 2. Subdivisions Distinguished 7. The proposed development will be consistent with the Comprehensive Plan. (Ord. No. 2015-002, 04/29/2015) 2.5.7. Subdivision Approvals A. Applicability 1.

Morrisville, NC

July 1, 2024 Page 2-38

Unified Development Ordinance