Article 2: Administration
Section 2.4. Standard Review Procedures
2.4.8. Post-Decision Actions and Limitations
June 23, 2017
Morrisville, NC
Page 2-24
Unified Development Ordinance
(Ord. No. 2016-001, 05/10/2016
2.4.8.
Post-Decision Actions and Limitations
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.
(Ord. No. 2016-001, 05/10/2016)
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.
Expiration of Approval
a.
A development application approval shall be valid as authorization for the approved activity
until the end of the expiration time period provided i
n Section 2.5, Application-Specific Review Procedures,for the particular type of application.
b.
A change in ownership of the land shall not affect the established expiration time period of an
approval.
D.
Modification or Amendment of Approval
Unless otherwise provided i
n Section 2.5, Application-Specific Review Procedures,for the particular type
of application, any modifications of approved plans or conditions of approval shall require a new
application that is submitted and reviewed in accordance with the full procedure and fee requirements
applicable to the particular type of application.