Morrisville Unified Development Ordinance - April 2019

Article 6: Riparian Buffers Section 6.5. Riparian Buffer Development Review 6.5.3. Riparian Buffer Development Review Standards

f.

Deny the application.

If the Town Engineer fails to decide the application within 60 days after its acceptance, the application shall be deemed approved as submitted unless the applicant:

a. Agrees in writing to a longer time period; or

b. Refuses access to its records or premises for gathering information necessary to a decision on the application; or

c. Has outstanding review comments from the Town.

(Ord. No. 2016-054, 11/22/2016)

D. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

Issuance of Authorization Certificate On approving the proposed development or activity as allowable or allowable with mitigation, the Town Engineer shall issue the applicant an Authorization Certificate. If the development or activity is approved with mitigation, the Authorization Certificate shall identify the approved mitigation option, including the area of mitigation and the location of donated property or restored riparian buffer and/or amount of mitigation fee, as appropriate. Appeal The decision on an application for Riparian Buffer Development Review may be appealed to the Director of the North Carolina Division of Water Resources for review and decision in accordance with the North Carolina Administrative Hearings Act. The Director’s decision is subject to review as provided in NC General Statute 150B Articles 3 and 4. Effect of Approval Approval of the proposed development or activity as ‘Exempt” or issuance of an Authorization Certificate allows approval of any concurrently-reviewed applications for Conceptual Master Plan Approval, Site Plan Approval, Construction Plan Approval, Floodplain Development Permit, Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance for the same development. It also authorizes submittal of an application for Building Permit or other development permits or approval needed to undertake the authorized land disturbing activities within the riparian buffer, including any mitigation included in the application approval. Expiration of Approval Approval of the proposed development or activity as “Exempt” or issuance of an Authorization Certificate shall expire if an application for a Building Permit (or Certificate of Compliance/Occupancy, if a Building Permit is not required) for the approved development is not submitted within one year after the date of approval or issuance.

(Ord. No. 2016-054, 11/22/2016)

Riparian Buffer Development Review Standards

6.5.3.

A. Exempt

A development or activity proposed in a riparian buffer is permitted without an Authorization Certificate (“Exempt”) only if all of the following are met: The proposed development or activity falls within a use listed as “Exempt” in Table 6.8, Uses and Activities Permitted in Riparian Buffers; and The proposed development or activity complies with the diffuse flow requirements in Section 6.7, Diffuse Flow Requirements; and

April 23, 2019

Morrisville, NC

Page 6-6

Unified Development Ordinance