Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.20. Alternative Equivalent Compliance

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:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c.

Deny the application;

d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows: a. Issuance and Recordation of Alternative Equivalent Compliance If the Alternative Equivalent Compliance application is approved, the Planning Director shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B, Appeal), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located. b. Effect of Approval Approval of an Alternative Equivalent Compliance authorizes only the particular alternative design authorized by the approval, as applied only to the development authorized by the approved development application with which it is associated. Expiration of Approval Approval of an Alternative Equivalent Compliance shall automatically expire if the associated development application is denied or if approval of the concurrently reviewed application expires, is revoked, or otherwise becomes invalid. D. Alternative Equivalent Compliance Review Standards A request for an Alternative Equivalent Compliance shall be approved only if the Town Council reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing: The proposed alternative design will achieve the intent of the standard(s) from which a deviation is sought to the same or a higher degree than the subject standard(s); The proposed alternative design is consistent with the Comprehensive Plan and advances the goals of this Ordinance to the same or a higher degree than the standard(s) from which a deviation is sought; The proposed alternative design will impose no greater impacts on adjacent lands than would occur through compliance with the standard(s) from which a deviation is sought; c.

The proposed alternative design will not negatively impact public health and safety; and

The proposed alternative design will provide one or more of the following public benefits to an extent that exceeds requirements of this Ordinance and any other local, state, or federal laws and that is sufficient to compensate for the requested deviation from standards:

a. Deed-restricted workforce and/or affordable housing.

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 2-65