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Article 11: Interpretation and Definitions

Section 11.5. Terms and Uses Defined

11.4.2. Exceptions and Variations

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 11-73

S

UBDIVISION

A

PPROVAL

See “Type 1 Subdivision Preliminary Plat Approval,” “Type 2 Subdivision Preliminary Plat Approval,” or

“Final Plat Approval.”

S

UBDIVISION

E

XCLUSION

A division of land excluded from the definition of “subdivision,” and thus from subdivision regulation

under this Ordinance - see Section

2.5.6.D.

S

UBDIVISION

, R

ESIDENTIAL

A subdivision, or part of a subdivision, that creates lots as building sites for individual single-family

detached, duplex, bungalow court, pocket neighborhood, or manufactured home dwellings.

S

UBDIVISION

, T

YPE

1

See Sectio

n 2.5.6.A.2, Subdivisions Distinguished.

S

UBDIVISION

, T

YPE

2

See Sectio

n 2.5.6.A.2, Subdivisions Distinguished.

S

UBSTANTIAL

I

MPROVEMENT

For purposes of floodplain management, any combination of repairs, reconstruction, rehabilitation,

addition, or other improvement of a structure, taking place during any one-year period for which the

cost equals or exceeds 50 percent of the market value of the structure before the “start of construction”

of the improvement. The term includes structures which have incurred “substantial damage”, regardless

of the actual repair work performed. However, the term does not include either:

(a) any correction of existing violations of State or community health, sanitary or safety code

specifications which have been identified by the community code enforcement official and which are the

minimum necessary to assure safe living conditions; or,

(b) any alteration of a historic structure provided that the alteration will not preclude the structure’s

continued designated as a historic structure and the alteration is approved by a variance issued

pursuant to Section

2.5.16, Variance.

S

UBSTANTIAL

P

ROGRESS

For the purposes of determining whether sufficient progress has been made on an approved plan, one

or more of the following construction activities toward the completion of a site or subdivision plan shall

occur:

1. Obtaining a grading permit and conducting grading activity on a continuous basis and not

discontinued for more than 30 days; or

2. Installation and approval of on-site infrastructure; or

3. Obtaining a building permit for the construction and approval of a building foundation.

“Substantial progress” for purposes of determining whether an approved plan is null and void is not

necessarily the same as “substantial expenditures” used for determining vested rights pursuant to

applicable law.

S

URFACE

W

ATERS

All waters of the state as defined in N.C.G.S. 143-212 except underground waters