Secondary and Cumulative Impacts Master Management Plan - 2014

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Morrisville, NC June 2013
Unified Development Ordinance - Public Hearing Draft Page 8-1
Article 8: Performance and Maintenance
SECTION 8.1. PERFORMANCE
8.1.1. Review for Compliance
Unless otherwise provided in this article or in Article 7: Stormwater Management, review for compliance
with the standards of this article shall occur during review of an application for Major Subdivision Final
Plat Approval (Section 2.5.6.B), Minor Subdivision Approval (Section 2.5.6.D) or Construction Plan
Approval (Section 2.5.8), as appropriate.
8.1.2. Phasing of Development
The phasing of development is allowed as part of Conceptual Master Plan Approval (Section 2.5.4) or Site
Plan Approval (Section 2.5.7) in accordance with the following standards.
A. Phasing Criteria
Phasing of approved development shall be in keeping with an approved phasing plan that shows
phase boundaries and describes included development and improvements in accordance with the
following criteria:
1. The numbering of phases shall be sequential and coincide with the order in which the different
development phases are proposed to be constructed.
2. Each phase shall be designed to include all improvements and other aspects of development
necessary to meet all requirements of this Code and other applicable regulations, either as a
stand-alone development or in conjunction with completed and accepted phases of the same
development.
B. Temporary Measures
A phasing plan may include installation of temporary measures as necessary to allow a particular
phase to meet the phasing criteria in subsection above, provided authorization of the temporary
measures shall be valid for one year and be accompanied by the provision of a performance
guarantee and a maintenance guarantee for the temporary measures in accordance with Section
and
8.1.3. Performance Guarantees533
A. General
A performance guarantee in accordance with the standards in this section shall be required in the
following circumstances:
1. To ensure completion of public infrastructure improvements (e.g., roadways, bike lanes, curb and
gutter, sidewalks, bike paths, crosswalks, traffic signs and controls, street lights, fire lanes, bus
shelters and other transit facilities, greenway paths—but not public improvements provided in
accordance with Article 7: Stormwater Management) that are required as part of Construction
Plan Approval, but are not installed before application for a Major Subdivision Final Plat, Minor
Subdivision Plat, or Building Permit;
533 N.C.G.S. § 160A-372(c) expressly authorizes municipalities to require performance guarantees to ensure the successful
completion of improvements required for subdivisions. N.C.G.S. § 160A-383 includes a more general authorization for zoning
regulations to facilitate the efficient and adequate provision of public improvements. Performance guarantees have long been
used in local subdivision regulations to ensure completion of required public improvements in subdivisions before lots are platted
and developed, and are commonly used in local zoning regulations to ensure completion of required public improvements before
served buildings are occupied, as well as to ensure completion of required buffers, screening, and other landscaping before
associated buildings are occupied or within a defined time period after their occupancy.