Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.6. Subdivision Approvals

infrastructure and private utility improvements proposed to serve the subdivision or an approved phase of the subdivision (see Section 8.1.2 Phasing of Development).

(2) Expiration of Approval

(A) Type 2 Subdivision Preliminary Plat Approval shall expire if no significant work is done or development is made for the subdivision, or an approved phase of the subdivision, within two years after the date of Preliminary Plat Approval. (B) If significant work is completed or development is made for a phase of the subdivision, Type 2 Subdivision Preliminary Plat Approval shall expire if no significant work is done or development is made for any remaining phases of the subdivision within two years after recordation of the last Final Plat for a phase of the subdivision in which significant work was completed or development was made. (C) Failure to comply with the executed Statement of Voluntary Compliance is a violation of this Ordinance and shall void the Type 2 Preliminary Plat Approval. (A) Subsequent development applications may incorporate minor changes from the development defined by the Type 2 Subdivision Preliminary Plat Approval, without the need to amend the Type 2 Subdivision Preliminary Plat Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes: (iii) Are consistent with the Type 2 Subdivision Preliminary Plat Approval and any prior Town Council approval on which the Type 2 Subdivision Preliminary Plat Approval was based (e.g., PD Plan/Agreement approval, Conceptual Master Plan Approval, Type 1 Preliminary Plat Approval). Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Type 2 Subdivision Preliminary Plat Approval or any prior Town Council approval on which it was based. (B) In any case, the following changes from the Type 2 Subdivision Preliminary Plat Approval or any prior Town Council approval on which it was based shall constitute a major change requiring amendment of the Type 2 Subdivision Preliminary Plat Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval: (i) Continue to comply with this Ordinance; (ii) Are necessary to comply with conditions of approval; or Preliminary Plat Approval Review Standards An application for Type 1 Subdivision Preliminary Plat Approval or a Type 2 Preliminary Plat Approval shall be approved only if the Town Council or Planning Director, as appropriate, determines that the proposed subdivision: a. Identifies tree protection areas as required in Section 5.4.5, Tree Protection Plan and Tree Protection Areas; b. Complies with applicable standards in Article 5: Development Standards, Article 6: Riparian Buffers, Article 7: Stormwater Management, and Article 8: Performance and Maintenance; (3) Minor Changes Allowed (i) A change in a condition of approval; and (ii) An increase in the number of lots.

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 2-41