Morrisville UDO - June 2017 version

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Article 6: Riparian Buffers
Section 6.6. Variances from Riparian Buffer Regulations
6.6.2. Riparian Buffer Variance Procedure
Morrisville, NC June 23, 2017
Unified Development Ordinance Page 6-9
If the Riparian Buffer Variance application requests a Minor Variance,
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.
If the Riparian Buffer Variance application requests a Major Variance,
the decision shall be a preliminary determination of compliance with
the review standards in Section
which shall be submitted to the North Carolina
Environmental Management Commission to approve, approve with
conditions, or deny.
Approval of an application for a Minor Variance shall require the
affirmative vote of at least 4/5 of all the members of the board. (In
such cases, vacant positions and members who are excused from
voting shall not be considered members of the board.)
F. Post-Decision Actions
The post-decision actions and limitations in Section shall apply to the
application except as follows:
Appeal of Decisions on Minor Variance Applications
If the decision was approval or denial of an application for a Minor
Variance, the decision may be appealed to the Board of Adjustment
under NCGS 160A-388 or NCGS 153A-345.
Appeal of Decisions on Major Variance Applications
Appeals from a Commission decision on a major variance request are
made on judicial review to Superior Court.
a. Upon the Commission's approval, the Division or the delegated
local authority shall issue a final decision granting the major
variance.
b. Upon the Commission's approval with conditions or stipulations,
the Division or the delegated local authority shall issue a final
decision, which includes these conditions or stipulations.
c. Upon the Commission's denial, the Division or the delegated local
authority shall issue a final decision denying the major variance.
(Ord. No. 2016-054, 11/22/2016)
Submittal of Preliminary Determination on Major Variance
Applications to State
a. If the decision was a preliminary determination on an application for a Major Variance, the
Town Engineer shall submit the preliminary determination to the North Carolina Environmental
Management Commission for approval in accordance with applicable State regulations.
b. After the North Carolina Environmental Management Commission approves the Major Variance
or approves it with conditions or stipulations added, then the Commission shall submit a copy
of its decision to the Town Engineer, who shall file it in the Planning Department.
Riparian
BufferVariance
Board of Adjustment
Review, Quasi-Judicial
Public Hearing, and
Decision (Minor Variance)
or Preliminary
Determination (Major
Variance)
Scheduling and Notice of
Meetings
Staff Review and
Recommendation
with DRC review
Application Submittal and
Acceptance
Pre-Application
Conference
Step is Applicable
Step is Not Applicable
Planning and Zoning
Board Review and
Recommendation
Figure 6.6.2
Submittal of Preliminary
Determination to NC
Environmental
Management Commission
for Review and Decision
(Major Variance)