Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.4. Standard Review Procedures 2.4.8. Post-Decision Actions and Limitations

Related in both type and scope to the anticipated impacts of the proposed development.

D. Revision of Application After the Board of Adjustment or Town Council, as appropriate, has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The Board of Adjustment or Town Council, as appropriate, may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff or the Board of Adjustment or Town Council, as appropriate, and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application. Any other revisions to the application may be submitted, but the revised application shall be submitted to the Planning Director and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs. A. Notice of Decision Within ten calendar days after a final decision on a development application, the Planning Director shall provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public in the Planning Department during normal business hours. If the review involves a quasi-judicial hearing, the Planning Director shall, within ten days after a final decision on the application, also provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of application site, the applicant (if different than the owner), and to any person who has submitted a written request for a copy of the decision before its effective date. The Planning Director shall also certify that the copy of the decision has been provided. B. Appeal A party aggrieved or adversely affected by any final decision on an application by the Town Council or Board of Adjustment may seek review of the decision in the courts in accordance with applicable state law, provided that the appeal shall be filed with the clerk of the Superior Court of Wake County or Durham County, as appropriate, within 30 days after the decision is effective or the date a written notice of decision or copy of the decision has been provided in accordance with subsection A above. If the notice of decision or copy of the decision was provided via first class mail, three days shall be added to filing deadline. A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Section 2.5.22, Administrative Appeal. C. Effect of Approval Authorized Activity a. Approval of any development application in accordance with this Ordinance authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application. b. If one development permit or approval is a prerequisite to another permit or approval (e.g., variance approval prior to a site plan approval), development may not take place until all required permits and approvals are obtained. Approval of one application does not necessarily guarantee approval of any subsequent application. (Ord. No. 2016-001, 05/10/2016) (Ord. No. 2016-001, 05/10/2016 2.4.8. Post-Decision Actions and Limitations

October 1, 2019

Morrisville, NC

Page 2-24

Unified Development Ordinance