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
Morrisville, NC June 23, 2017
Unified Development Ordinance Page 2-73
a. Approve the application as submitted;
b. Approve the application subject to conditions;
c. Deny the application; or
d. Remand the application back to the Planning Director or Planning and Zoning Board for further
consideration. (This may require additional review fees.)
Post-Decision Actions
The post-decision actions and limitations in Section shall apply to the application except as
follows:
a. Effect of Approval
Right-of-Way Encroachment Agreement Approval authorizes submittal of an application for a
Building Permit to install or construct approved structures accessory to development on
adjoining property within a public street right-of-way maintained by the Town of Morrisville
b. Expiration of Approval
Right-of-Way Encroachment Agreement Approval shall expire if the approved structures
accessory to development on adjoining property is not constructed or installed within six months
after the date of Right-of-Way Encroachment Agreement Approval.
c. Minor Modifications Allowed
(1) The applicant may request, and the Planning Director may approve, minor deviations from
the approved Right-of-Way Encroachment Agreement where the applicant demonstrates
that such deviations:
(A) Do not affect the overall concept of the approved Right-of-Way Encroachment
Agreement;
(B) Will not result in any maintenance costs for the Town;
(C) Are necessitated by physical, construction, or installation difficulties; and
(D) Are consistent with the Right-of-Way Encroachment Agreement Approval.
(2) The request shall be in writing, include a detailed justification for the requested deviations,
and be accompanied by the appropriate revised bulleted drawings, as determined by
the Planning Director.
(3) Any change from the approved Right-of-Way Encroachment Agreement other than those
authorized in subsection above requires a new application for Right-of-Way
Encroachment Agreement Approval.
C. Right-of-Way Encroachment Agreement Approval Review Standards
An application for Right-of-Way Encroachment Agreement Approval shall be approved only if the Town
Council determines that the structure accessory to development on adjoining property associated with
the Right-of-Way Encroachment Agreement:
Complies with applicable district standards in and applicable use
standards in
Complies with all other applicable standards in this Ordinance;
Complies with the Engineering Design and Construction Manual;
Complies with all other applicable Town ordinances and state and federal laws; and