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Article 2: Administration

Section 2.5. Application-Specific Review Procedures

2.5.6. Subdivision Approvals

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 2-39

f.

Town Council Review and Decision

The Town Council shall review the application and decide the application in accordance with

Sectio

n 2.4.7.

The Town Council’s decision on an application for Type 1 Subdivision Preliminary

Plat Approval shall be one of the following:

(1)

Approve the application as submitted;

(2)

Approve the application subject to conditions;

(3)

Deny the application; or

(4)

Remand the application back to the Planning Director or Planning and Zoning Board for

further consideration. (This may require additional review fees.)

g.

Post-Decision Actions and Limitations

The post-decision actions and limitations in Section

2.4.8

shall apply to the application except

as follows:

(1)

Effect of Approval

Type 1 Subdivision Preliminary Plat Approval does not authorize specific development

activity, but does authorize the submittal of applications for Construction Plan Approval

(Section

2.5.7)

and other development permits and approvals required to construct or

install the public infrastructure and private utility improvements proposed to serve the

subdivision or an approved phase of the subdivision (see Section

8.1.2 Phasing of Development)

.

(2)

Expiration of Approval

(A)

Type 1 Subdivision Preliminary Plat Approval shall expire if no significant work is

done or development is made for the subdivision, or an approved phase of the

subdivision, within two years after the date of Preliminary Plat Approval.

(B)

If significant work is completed or development is made for a phase of the

subdivision, Type 1 Subdivision Preliminary Plat Approval shall expire if no

significant work is done or development is made for any remaining phases of the

subdivision within two years after recordation of the last Final Plat for a phase of

the subdivision in which significant work was completed or development was made.

(3)

Minor Changes Allowed

(A)

Subsequent development applications may incorporate minor changes from the

development defined by the Type 1 Subdivision Preliminary Plat Approval, without

the need to amend the Type 1 Subdivision Preliminary Plat Approval in accordance

with Section

2.4.8.D, Modification or Amendment of Approval,

where the Planning

Director determines that the changes:

(i)

Continue to comply with this Ordinance;

(ii)

Are necessary to comply with conditions of approval; or

(iii)

Are consistent with the Type 1 Subdivision Preliminary Plat Approval.

Consistency means the changes would not significantly alter the development’s

general function, form, intensity, character, demand on public facilities, impact

on adjacent properties, or other characteristic from that indicated by the Type

1 Subdivision Preliminary Plat Approval.

(B)

In any case, the following changes from the Type 1 Subdivision Preliminary Plat

Approval shall constitute a major change requiring amendment of the Type 1