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Article 2: Administration

Section 2.5. Application-Specific Review Procedures

2.5.8. Construction Plan Approval

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 2-51

a.

Effect of Approval

Construction Plan Approval allows the approval of any concurrently-reviewed applications for

Floodplain Management Permit or Administrative Adjustment for the same development. It also

authorizes submittal of an application for Building Permit for construction of approved buildings

and structures, construction of approved site improvements, and other approved land disturbing

activities.

b.

Expiration of Approval

(1)

Except of as otherwise provided in subsectio

n (2)

below, Construction Plan Approval shall

automatically expire if the associated development application approval expires, is

revoked, or otherwise becomes invalid. If there is no associated application, the

Construction Plan Approval does not expire.

(2)

A Letter of Conditional Construction Plan Approval shall expire six months from the date

of issuance.

c.

Minor Modifications Allowed

(1)

The applicant may request, and the Town Engineer may approve, minor deviations from

the approved Construction Plan where the applicant demonstrates that such deviations:

(A)

Do not affect the overall development concept of the approved Construction Plan;

(B)

Do not impede or prevent construction of infrastructure serving either the

development or region;

(C)

Will not result in substantially greater long-term maintenance costs for the Town;

(D)

Are necessitated by physical or construction difficulties, or by application of best

engineering and management practices; and

(E)

Are consistent with the Construction Plan Approval and any prior Town Council

approval on which the Construction Plan approval was based (e.g., Type 1

Subdivision Preliminary Plan Approval, Major Site Plan Approval).

(2)

The request shall be in writing, include a detailed justification for the requested deviations,

and be accompanied by the appropriate revised Construction Plan Approval sheets or

bulleted drawings, as determined by the Town Engineer.

(3)

If the Town Engineer approves the requested deviations, the revised Construction Plan

shall be modified to meet as-built submittal requirements for certifications and signatures.

(4)

Any change from the approved Construction Plan other than those authorized in subsection

(1)

above requires a new application for Construction Plan Approval.

d.

Inspections

Town staff and agents may inspect sites undergoing development authorized by Construction

Plan Approval to determine whether development activities conform to approved plans and

whether adequate measures are in place to control off-site contamination and other adverse

impacts from constructions activities.

C.

Construction Plan Approval Review Standards

An application for Construction Plan Approval shall be approved only if the Town Engineer determines

that all infrastructure and utility improvements serving the development have been approved by the

appropriate agency, and that the Construction Plan:

Identifies tree protection areas as required in Section

5.4.5, Tree Protection Plan and Tree Protection Areas;