Morrisville UDO - June 2017 version

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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.24. Right-of-Way Encroachment Agreement Approval
June 23, 2017 Morrisville, NC
Page 2-72 Unified Development Ordinance
D. Development Agreement Review Standards
A development agreement shall meet and be subject to all requirements and provisions in Chapter 160A,
Article 19, Part 3D of the North Carolina General Statutes, including the following:
Section 160A-400.23’s site area and duration requirements;
Section 160A-400.24’s requirement that delivery of public facilities be tied to implementation of
the proposed development;
Section 160A-400.25’s requirements for minimum contents of development agreements, phasing,
performance standards and agreement modifications; and
Section 160A-400.28’s provisions for amendment or cancellation of development agreements.
2.5.24. Right-of-Way Encroachment Agreement Approval
A. Applicability
The procedures and standards in this subsection apply to the review of
applications for Right-of-Way Agreement Approval, which shall be required
prior to locating any structure accessory to development on adjoining property
within a public street right-of-way maintained by the Town of Morrisville.
B. Right-of-Way Encroachment Agreement Approval Procedure
Figur and the following subsections identify those steps in the standard
review procedure (see applicable to the review of Right-of-Way
Encroachment Agreement Approval applications and note any specific variations
of, or additions to, those review steps.
Pre-Application Conference
The applicant shall hold a pre-application conference with Town staff in
accordance with Section
Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn,
in accordance with Section
Staff Review and Recommendation
The Planning Director shall review the application, allow revisions of the
application, 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 Sectio
Planning and Zoning Board Review and Recommendation
The Planning and Zoning Board shall review the application and make a
recommendation in accordance with Section
Town Council Review and Decision
The Town Council shall review and decide the application in accordance with Section The
decision shall be one of the following:
Right-of-Way
Encroachment
Agreement Approval
Town Council Review and
Decision
with standard public hearing
Scheduling and Notice of
Meetings
Staff Review and
Recommendation
with DRC review
Application Submittal and
Acceptance
Pre-Application
Conference
Step is Applicable
Step is Not Applicable
Planning and Zoning
Board Review and
Recommendation
with public comment session
Figure 2.5.24.B