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Article 2: Administration

Section 2.5. Application-Specific Review Procedures

2.5.6. Subdivision Approvals

June 23, 2017

Morrisville, NC

Page 2-44

Unified Development Ordinance

b.

Staff Review and Decision

(1)

The Planning Director shall review the application, allow

revisions of the application, and decide the application in

accordance with Section

2.4.4.

The decision shall be one of

the following:

(A)

Determination that the proposed division of land is not

a subdivision subject to regulation under this

Ordinance; or

(B)

Determination that the proposed division of land is a

subdivision subject to regulation under this Ordinance.

(2)

On determining that the proposed division of land is a

subdivision subject to regulation under this Ordinance, the

Planning Director shall direct the applicant to the Type 1

Subdivision Preliminary Plat Approval procedure or the Type

2 Subdivision Preliminary Plat Approval procedure, as

appropriate.

c.

Post-Decision Actions

The post-decision actions and limitations in Section

2.4.8

shall

apply to the application except as follows:

(1)

Certification and Recordation of Approved Subdivision

Exclusion Plat

If the Planning Director determines that the proposed division

of land is not a subdivision subject to regulation under this

Ordinance and the applicant wishes to record a plat of the

division, the applicant shall submit the plat to the Planning

Director, who shall certify on the plat the Town’s

determination that the plat is not subject to subdivision

regulation under this Ordinance. The applicant may then record the certified Subdivision

Exclusion plat with the Register of Deeds for the county in which the development site is

located and shall return a copy of the recorded plat to the Planning Director.

(2)

Effect of Approval

Recordation of a certified Subdivision Exclusion Plat authorizes the applicant to convey

the platted lots by reference to the recorded plat. It also authorizes the owners of

recorded lots to submit applications for a Building Permit or other development permit or

approval required to develop the lot, provided all dedications and public infrastructure

and private utility improvements required to serve the lot have been completed and

accepted by the appropriate agency.

(3)

Expiration of Approval

If the applicant fails to record the plat within 30 days after the date of approval, the

Determination of Subdivision Exclusion shall become invalid. A recorded Subdivision

Exclusion plat shall not expire.

Subdivision Exclusion Review Standards

An application for a Determination of Subdivision Exclusion shall be approved only if the Planning

Director determines that the proposed division of land falls within the one of the activities specially

listed as excluded from the definition of “subdivision” i

n Section 11.5, Terms and Uses Defined.

(Ord. No. 2016-001, 05/10/2016)

Determination of

Subdivision Exclusion

Town Council Review and

Decision

Scheduling and Notice of

Meetings

Staff Review and

Planning Director Decision

Application Submittal and

Acceptance

Pre-Application

Conference

)

Step is Applicable

Step is Not Applicable

Planning and Zoning

Board Review and

Recommendation

Figure 2.5.6.E.1