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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.20. Alternative Equivalent Compliance
Morrisville, NC
June 23, 2017
Unified Development Ordinance
Page 2-65
c.
Expiration of Approval
Approval of an Alternative Equivalent Compliance shall automatically expire if the associated
development application is denied or if approval of the concurrently reviewed application
expires, is revoked, or otherwise becomes invalid.
D.
Alternative Equivalent Compliance Review Standards
A request for an Alternative Equivalent Compliance shall be approved only if the Town Council reaches
each of the following conclusions, based on findings of fact supported by competent, substantial, and
material evidence presented at the hearing:
The proposed alternative design will achieve the intent of the standard(s) from which a deviation
is sought to the same or a higher degree than the subject standard(s);
The proposed alternative design is consistent with the Comprehensive Plan and advances the goals
of this Ordinance to the same or a higher degree than the standard(s) from which a deviation is
sought;
The proposed alternative design will impose no greater impacts on adjacent lands than would occur
through compliance with the standard(s) from which a deviation is sought; and
The proposed alternative design will provide one or more of the following public benefits to an
extent that exceeds requirements of this Ordinance and any other local, state, or federal laws and
that is sufficient to compensate for the requested deviation from standards:
a.
Deed-restricted workforce and/or affordable housing;
b.
Redevelopment of a brownfield site;
c.
Permanent conservation of natural areas, lands, or existing trees in addition to that required
by this Ordinance;
d.
Protection against flood damage in addition to that required by
Section 5.6, Floodplain Management;e.
Cultural or historic facilities deeded to the Town or qualified not-for-profit agencies;
f.
Dedication of land for or the construction of transportation facilities in addition to that required
by this Ordinance;
g.
Protection of streams by providing higher water quality standards to that required by
Article 7: Stormwater Management;h.
Protection of streams by providing an additional 50 feet of riparian buffer to that required
by
Article 6: Riparian Buffers,for a total of 100 feet;
i.
Planting of replacement trees exceeding the standards of Sectio
n 5.4.7.A, Replacement Trees,on public lands or other suitable sites, as determined by the Town Council; or
j.
Other benefits approved by the Town Council.
(Ord. No. 2014-051, 11/10/2014)