Morrisville UDO - June 2017 version

Article 2: Administration

Section 2.5. Application-Specific Review Procedures

2.5.22. Administrative Appeal

June 23, 2017

Morrisville, NC

Page 2-68

Unified Development Ordinance

a fundamental effect on approval of the site-specific development plan or the

concurrently reviewed development application.

(2)

Revocation of Site-Specific Development Plan Designation eliminates the vested right

established by approval of the Site-Specific Development Plan Designation, but does not

itself terminate any unexpired development permit or approval associated with the plan.

2.5.22.

Administrative Appeal

Right to Appeal

Any party aggrieved by a decision, interpretation, or order made by the

Planning Director, Town Engineer, or other Town administrative official in

administering or enforcing the provisions of this Ordinance may appeal the

decision, interpretation, or order to the Board of Adjustment by submitting

an Administrative Appeal application to the Planning Director within 30

days after the decision, interpretation, or order being appealed.

Administrative Appeal Procedure

Figure

2.5.22.B

shows those steps in the standard review procedure (see

Section 2.4)

that apply to the review of applications for Administrative

Appeal. Specific variations of, or additions to, the standard review

procedures are identified below.

Application Submittal and Acceptance

The application shall be submitted and accepted, and may be

withdrawn, in accordance with Section

2.4.3,

subject to the following:

The application shall:

(1)

Identify the decision, interpretation, order being appealed;

(2)

State facts demonstrating that the applicant is a party

aggrieved by the decision, interpretation, or order being

appealed;

(3)

Describe the alleged error in the decision, interpretation, or

order being appealed and the grounds on which the

applicant contends that an error was made;

(4)

Set forth facts and materials in support of the appeal; and

(5)

Set forth the relief the applicant seeks.

Except for appeals of the amount of an imposed civil penalty,

submittal and acceptance of an Administrative Appeal application

stays all Town actions in furtherance of the decision, interpretation,

or order being appealed unless the official from whom the appeal is taken certifies to the

Board of Adjustment that, because of facts stated in the certification, a stay would cause

imminent peril to life or property, or that, because the violation charged is transitory in nature,

a stay would seriously interfere with enforcement of this Ordinance. In that case, proceedings

may not be stayed except by a restraining order granted by the Board of Adjustment or by

a court of record on petition, after notice to the official from whom the appeal is taken, and

for due cause shown.

Staff Transmittal of Materials to Board of Adjustment

The Planning Director shall:

Administrative

Appeal

Board of Adjustment

Review and Decision

with quasi-judicial public

hearing

Scheduling and Notice of

Meetings

Staff Compilation and

Transmittal of Relevant

Document and Materials

Application Submittal and

Acceptance

Pre-Application

Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning

Board Review and

Recommendation

Figure 2.5.22.B