Morrisville UDO - June 2017 version

90 / 601

Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.20. Alternative Equivalent Compliance
June 23, 2017 Morrisville, NC
Page 2-64 Unified Development Ordinance
Application Submittal and Acceptance
a. The application shall be submitted and accepted, and may be withdrawn, in accordance with
Section except that this application is not eligible for a 50 percent refund. The request
shall include justifications for the Alternative Equivalent Compliance, based on the review
standards in subsectio Alternative Equivalent Compliance Review Standards below.
b. In no instance shall an application for an Alternative Equivalent Compliance be submitted after
an associated application has been determined complete by the Planning Director and
accepted for review.
Staff Review and Recommendation
The Planning Director shall review the application, allow revisions, and prepare a staff report and
recommendation in accordance with Section
Scheduling and Public Notice of Meetings
The Planning Director shall schedule the application for, and provide required public notices of,
Planning and Zoning Board and Town Council meetings in accordance with Section
Planning and Zoning Board Review and Recommendation
The Planning and Zoning Board shall review the application, hold a public comment session, and
make a recommendation in accordance with Section
Town Council Review and Decision
The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the
application in accordance with Section The decision shall be one of the following:
a. Approve the application as submitted;
b. Approve the application subject to conditions;
c. Deny the application;
d. Remand the application back to the Planning Director or Planning and Zoning Board for further
consideration. (This may require further public notice and additional review fees.)
Post-Decision Actions
The post-decision actions and limitations in Section shall apply to the application except as
follows:
a. Issuance and Recordation of Alternative Equivalent Compliance
If the Alternative Equivalent Compliance application is approved, the Planning Director shall
issue the applicant documentation of the approval that identifies the property to which it
applies, the development plans on which it is based, and any conditions of approval. On
expiration of the deadline for filing an appeal of the decision (see Section ,
the applicant shall record such documentation with the Register of Deeds of the county in which
the subject property is located.
b. Effect of Approval
Approval of an Alternative Equivalent Compliance authorizes only the particular alternative
design authorized by the approval, as applied only to the development authorized by the
approved development application with which it is associated.