1. Call to Order

2. Roll Call

3. Invocation Invocation by Town Attorney Frank Gray

4. Pledge of Allegiance

5. Motion to Invoke Rule 19

6. Adoption of Regular Agenda Call for any conflicts of interest in relation to the proposed agenda.

7. Consent Agenda

7.a Resolution Authorizing the Police Chief to Award a Service Sidearm Upon Requestand in Accordance with North Carolina General Statute §20-187.2Patrice Andrews, Police ChiefAction - July 14

2020-198-0_Brief_Supp_Award_Service_Sidearm .pdf 2020-198-0_RES_Award_Service_Sidearm_.pdf

8. Items Pulled from Consent Agenda (if any)

9. Presentations

9.a Morrisville Aquatics and Fitness Center - Re-Opening UpdateMatt Leaver, Recreation Superintendent

2020-206-0-Atth_MAFC_Re-Opening.pdf

9.b Morrisville Smart Shuttle Update - Operations Agreement FrameworkBen Howell, Long Range Planning Manager

Morrisville Town CouncilRegular MeetingJuly 14, 2020, 6:00 PM

Town of Morrisville Mission Statement: Connecting our diverse community to an enhancedquality of life through innovative programs and services.

Operations Agreement Framework Presentation

10. Public Comment

11. Action Items

11.a Resolution Authorizing the Purchase of Real Property at 1021 Harris Mill Road.Brandon Zuidema, Assistant Town ManagerBrief/Action - July 14

2020-203-0_BS_Purchase_Agreement_Harris_Mill_Road.pdf 2020-203-0_ RES_Purchase_Agreement_Harris_Mill_Road.pdf 2020-203-0_ATTH-01_Purchase_Agreement_Harris_Mill_Road.pdf

11.b Resolution Appointing Advisory Board and Committee MembersEric W. Smith II, Town ClerkBrief - July 14PZB Balloting - July 14Action - (Remaining Appointment Balloting / Resolution) - July 28

2020-210-0_Brief_Supplement_Bd_Cmte_Appts.wbk.pdf 2020-210-0_RES_Bd_Cmte_Appts.pdf 2020-210-0 ATTH01 PZB Applications.pdf 2020-210-_ATTH02_Bd_Cmte_Appts_Applicant_Contact_Info.pdf 2020-210-0 ATTH03_PZB Supplement_Question_Matrix.pdf 2020-210-0 ATTH04_PZB Supplement_Question_Matrix.xlsx 2020-210-0_ATTH05_Bd_Cmte_Appts_PZB_Ballot_-_Electronic.pdf 2020-210-0 ATTH06 Boards and Committees Overview.pdf 2020-210-0 ATTH07 Bd_Cmte Applications.pdf 2020-210-0 ATTH08_Bd_Cmte_Appts_Applicant_Contact_Info.xlsx 2020-210-0 ATTH09_Bd_Cmte Supplement_Question_Matrix.xlsx 2020-210-0 ATTH10_Bd_Cmte Supplement_Question_Matrix.pdf 2020-210-0 ATTH11_Bd_Cmte_Appts_ Ballots - Electronic.pdf

12. New Items

12.a Consideration of Text Amendments to the Unified Development Ordinance Relatedto Process Changes, Specifically:

1. Resolution 2020-169-0 of the Morrisville Town Council Pertaining to theAdoption of a Plan Consistency Review Statement for Text Amendments to theUnified Development Ordinance Related to Process Changes.

2. Ordinance 2020-169-0 of the Morrisville Town Council Approving TextAmendments to the Unified Development Ordinance Related to Process Changes.

Michele Stegall, Planning DirectorBrief - July 14Public Hearing - July 28Action - August 11

2020-169-0 Peak Supplement.pdf 2020-169-0 RES UDO Text Amendments-Process Changes 2020-169-0 ORD UDO Text Amendments-Process Changes 2020-169-0 ATTH 01 Proposed Text Amendments 2020-169-0 ATTH 02 Draft PZB Minutes Excerpt 2020-169-0 ATTH 03 Draft BOA Minutes.pdf 2020-169-0 ATTH 04 2020 Town Council Retreat Minutes Excerpt 2020-169-0 Presentation

13. Future Meetings, Events and Citizen Involvement Opportunities For a full listing ofevents, please see the Town Calendar at www.townofmorrisville.org.

14. Council and Manager Comments

15. Closed Session

15.a Closed Session Pursuant to N.C.G.S. 143-318.11 (a)(6) to discuss a personnelmatter.Town Manager Performance Evaluation (Manager Self Assessment)

16. Adjournment Thank you for joining this meeting of the Morrisville Town Council. Wehope you plan to join us again! Please feel free to email your Town Council members atTownCouncil@TownofMorrisville.org, or visit www.TownofMorrisville.org/Council foradditional contact information.

Town Council Agenda Item Report

Agenda Item No. 7.aSubmitted by: Patrice AndrewsSubmitting Department Police Meeting Date: July 14, 2020

SUBJECTResolution Authorizing the Police Chief to Award a Service Sidearm Upon Request and inAccordance with North Carolina General Statute §20-187.2Patrice Andrews, Police ChiefAction - July 14

Recommendation:Award of service sidearm to Senior Police Officer Michael Deaton.

Updates/History of Briefing:NOT APPLICABLE

Executive Summary and Background Information:On May 29, 2020, after 28 years of law enforcement service, Senior Officer Michael Deatonretired from the Town of Morrisville Police Department. Senior Officer Deaton served the Townof Morrisville for 20 years. Town policy allows for the Chief of Police to award the retiringofficer's sidearm to them. To finalize the award of a service sidearm, an internal policy wasestablished in December 2013, consistent with North Carolina General Statute. The processprovides a framework to complete the award and provide appropriate documentation. SeniorOfficer Deaton has met all requirements as outlined in 20-187.2 and in accordance with Townof Morrisville Policy and therefore is eligible to be awarded his service sidearm.

Advisory Board/Committee Review:None

Insert Date of Advisory Board/Committee Review:

Advisory Board/Committee Recommendation and/or Vote:None

Potential Options:- Approve award of service sidearm- Deny award of service sidearm

Staff Recommendation:Approve as recommended ATTACHMENTS• 2020-198-0_Brief_Supp_Award_Service_Sidearm .pdf• 2020-198-0_RES_Award_Service_Sidearm_.pdf

Updated: July 6, 2020 1 of 1

Item Number & Subject: 2020-198-0 Resolution Awarding Service Sidearm

Goals Objectives

Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity and collaboration

☐ Obj. 1.1 Manage traffic congestion at targeted locations and

targeted times of day

☐ Obj. 1.2 Leverage resources through partnerships with other government entities and private sector

☐ Obj. 1.3 Improve mobility options for non-drivers

Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality

☐ Obj. 2.1 Provide a mix of housing options that meet the current

and future needs of the community

☐ Obj. 2.2 Create a sense of place through insightful development that balances commercial and residential growth

☐ Obj. 2.3 Be responsible stewards of the natural environment

☐ Obj. 2.4 Establish a planned approach for redevelopment and

revitalization

☐ Obj. 2.5 Plan and provide for current and future infrastructure

Engaged, inclusive community – Enrich the quality of life through programs, events, amenities and services valued by the community

☐ Obj. 3.1 Offer events and programs that meet the needs and interests of the community

☐ Obj. 3.2 Increase awareness of activities and opportunities for

engagement

☐ Obj. 3.3 Effectively maintain assets and make the most of

existing resources

☐ Obj. 3.4 Provide opportunities for meaningful public

engagement and collaboration

Public safety readiness – Provide a safe and secure community through prevention, education, readiness and response

☐ Obj. 4.1 Provide educational opportunities and encourage

preparedness

☐ Obj. 4.2 Be operationally ready

☐ Obj. 4.3 React responsively to the public safety needs of the community

☐ Obj. 4.4 Meet Demands for service

Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency

☐ Obj. 5.1 Promote financial integrity through effectively and

efficiently managing public assets

☐ Obj. 5.2 Deliver customer-focused service

☒ Obj. 5.3 Require the highest of professional standards

☐ Obj. 5.4 Attract, develop and retain a diverse, high performing

workforce

☐ Obj. 5.5 Align priorities with resources

☐ Obj. 5.6 Leverage the use of technology to maximize results

Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce

☐ Obj. 6.1 Attract and retain businesses that provide a diverse tax base

☐ Obj. 6.2 Support new and existing businesses by streamlining

processes and minimizing complexities

☐ Obj. 6.3 Understand business needs in order to supply a ready

workforce

☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners

☐ Obj. 6.5 Develop and advocacy plan to address public education

needs

“Connect Morrisville” Strategic Plan Alignment

TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560

Page 1 of 1

RESOLUTION 2020-198-0 OF THE MORRISVILLE TOWN

COUNCIL AUTHORIZING THE POLICE CHIEF TO AWARD A SERVICE SIDEARM UPON REQUEST AND IN ACCORDANCE

WITH NORTH CAROLINA GENERAL STATUTE § 20-187.2

WHEREAS, North Carolina General Statute § 20-187.2 allows the Town Council, upon request, to award the service sidearm to a Town law enforcement officer who is either retiring, or killed in the line of duty or while a member of the agency; and WHEREAS, award of the service sidearm may be made to the retiring officer or, in the secondary situation, that officer’s surviving spouse, or in the absence of a surviving spouse, to his/her surviving children, upon payment of a price determined by the governing body of the Town and upon the eligible recipients securing of a pistol permit according to law, or without such permit if the sidearm is rendered incapable of being fired prior to its award; and WHEREAS, the Police Chief recommends that the award of Senior Officer Michael Deaton’s service sidearm, pursuant to the criteria set forth above, be approved upon request and in conformance with North Carolina General Statute § 20-187.2 and this Resolution, as follows:

1. Fill out a surplus property form for the service sidearm and route it the Police Chief, Town Manager, and finally to the Finance Director for approval.

2. Approval of this resolution to request the sidearm be transferred to the recipient in accordance with the General Statutes and Town policy.

3. Submitting the “Service Side Arm Request Form” and determination of whom/where a $1.00 payment for the purchase of the service sidearm will come from as well as processing that payment via the Finance Department.

4. Submittal of the following forms to the Purchasing and Contracts Manager upon adoption of this resolution:

a. The Town Council Resolution b. Service Side Arm Request Form c. Pistol Permit

Upon receipt of all forms and paperwork, the Purchasing and Contracts Manager will file and retain records, and the service sidearm will then be formally awarded to Senior Officer Michael Deaton as a retired Town law enforcement officer. NOW, THEREFORE, BE IT RESOLVED THAT THE MORRISVILLE TOWN COUNCIL authorizes the Chief of Police to award the service sidearm to Senior Officer Michael Deaton having met the requirements of North Carolina General Statute § 20-187.2. BE IT FURTHER RESOLVED that the Town of Morrisville Police Department shall include this award in an annual report to the Town Manager in January of each calendar year of all service sidearms awarded pursuant to law. Adopted this the 14th day of July 2020. ATTEST: ______________________________ ________________________ TJ Cawley, Mayor Eric W. Smith II, Town Clerk

Town Council Agenda Item Report

Agenda Item No. 9.aSubmitted by: Brandon ZuidemaSubmitting Department Parks, Recreation and Cultural Resources Meeting Date: July 14, 2020

SUBJECTMorrisville Aquatics and Fitness Center - Re-Opening UpdateMatt Leaver, Recreation Superintendent

Recommendation:Receive update.

Updates/History of Briefing:N/A

Executive Summary and Background Information:The Morrisville Aquatics and Fitness Center was closed in Fall 2018 in order to renovate theexisting group fitness area and weight room and to expand the existing four-lane pool to a newnatatorium with a six-lane lap pool, a recreation pool for classes and family swim time, and aplay area with a playground as well as new locker room facilities. The renovation also includestwo new tennis courts and an expanded parking lot to better serve facility users. As therenovation and expansion is nearing completion, Parks and Recreation staff are activelyworking to prepare for the re-opening and have an update for Council that providesinformation on customer service, operations, and programming for MAFC as well as theprojected impacts of COVID-19.

Advisory Board/Committee Review:None

Insert Date of Advisory Board/Committee Review:

Advisory Board/Committee Recommendation and/or Vote:None

Potential Options:Receive update.

Staff Recommendation:

Receive update. ATTACHMENTS• 2020-206-0-Atth_MAFC_Re-Opening.pdf

Morrisville Aquatics & Fitness Center Update

Post-renovation Operations

Matt Leaver, Recreation SuperintendentJuly 14, 2020

Topics • Scope of renovation (“Before and After”)

• Facility Re-Opening

• Improvements to Service Delivery

(Note – additional details will be provided to Council during the

presentation on 7/14. This is intended to be an overview only.)

2

Scope of the RenovationThe “Before and After” of the project

Original FacilityEntrance from Morrisville Parkway

Existing Building

Existing Pool

Existing Tennis Courts

4

Updated Facility

Artist’s Rendering

Natatorium

New Tennis CourtsNew Locker Rooms

New Entrance

Renovated Building

View from the entrance

5

Updated Floorplan – First Floor

First Floor – Pre-Renovation

First Floor – New Building

6

Updated Floorplan – Second Floor

Second Floor – Pre-Renovation

Second Floor – New Building

7

MAFC July 2020New Tennis Courts

New Water Playground

New Natatorium

Pool Access

8

MAFC July 2020

Renovated Group Fitness Studio

Renovated Weight Room

9

Facility Re-Opening

Facility Enhancements

• 6-lane, 25-yard pool, recreation pool and playground

• New locker room facilities

• Two lighted tennis courts

• Expanded weight room and group fitness studio

• Additional 30+ parking spaces and relocated entrance

• Replaced roof and HVAC units

• Other cosmetic improvements

11

Hours of Operation

• Building hours

• Pool hours

Building Hours of Operation (Pre-Renovation)

Monday 6:00 AM 9:00 PM 15Tuesday 6:00 AM 9:00 PM 15Wednesday 6:00 AM 9:00 PM 15Thursday 6:00 AM 9:00 PM 15Friday 6:00 AM 7:00 PM 13Saturday 8:00 AM 5:00 PM 9Sunday 10:00 AM 5:00 PM 7

89

Building Hours of Operation (Full operation)

Monday 6:00 AM 9:30 PM 15.5Tuesday 6:00 AM 9:30 PM 15.5Wednesday 6:00 AM 9:30 PM 15.5Thursday 6:00 AM 9:30 PM 15.5Friday 6:00 AM 9:30 PM 15.5Saturday 7:00 AM 5:00 PM 10Sunday 7:00 AM 5:00 PM 10

97.5

Pool Hours (Pre-Renovation)Monday 6:00 AM 8:30 PM 14.5Tuesday 6:00 AM 8:30 PM 14.5Wednesday 6:00 AM 8:30 PM 14.5Thursday 6:00 AM 8:30 PM 14.5Friday 6:00 AM 6:30 PM 12.5Saturday 8:00 AM 4:30 PM 8.5Sunday 10:00 AM 4:30 PM 6.5

85.5

Pool Hours (Full operation)Monday 6:00 AM 9:00 PM 15Tuesday 6:00 AM 9:00 PM 15Wednesday 6:00 AM 9:00 PM 15Thursday 6:00 AM 9:00 PM 15Friday 6:00 AM 9:00 PM 15Saturday 7:00 AM 4:30 PM 9.5Sunday 7:00 AM 4:30 PM 9.5

94

12

Re-opening • Due to COVID-19, the hours of operation will be

reduced from the full schedule:– This is will be temporary reduction of 18.5

hours/week

• This limits user exposure and gives staff adequate opportunity to clean during the day

• Staff has developed indicators for moving back toward full operation

13

Moving to Full Operation• The primary driver will be state with

restrictions and protocols

• Following participation to see when we have peak times and types of use.

• Periodic evaluations to determine if we can expand operations

• Swim lessons tentatively scheduled to start at the beginning of the school year

• Looking at contracting some programs

14

Limited Capacity Plan

• Use of well-ventilated or open spaces

• Program planning with safety in mind

• Controlling participation

• Providing cleaning time and safety

Limited Capacity building hours Limited Capacity pool hours

Mon-Fri 7am – 8pm Mon-Fri 7am – 7pm

Sat-Sun 10am – 5pm Sat-Sun 10am – 4:30pm

Total Hours – 79 (down from 97.5) Total Pool Hours – 73 (down from 94)

15

Improvements to Programming

• Self-led opportunities– New weight and cardio equipment – Increased availability of lap lanes and family pool uses

• Staff-led opportunities– Expanded group fitness space and number of classes– Staff is reviewing proposals for partnered programs and personal

training

• Requests for rental space already coming in and are being reviewed by staff

• Ongoing evaluation of programming to improve efficiency and effectiveness at MAFC

16

Staffing • The FY2020 budget added additional staffing to

support MAFC operations– Two full-time and three ¾-time aquatics staff– Additional part-time lifeguards– Additional part-time center aides

• Staff has implemented a pro-active staff recruitment plan (delayed due to COVID-19)

• The new Marketing & Membership Coordinator position is currently in the interview stage

17

Staffing • Expanded service areas will require more part-

time staff to operate safely.

– As an example, In FY18, the pool needed roughly 185 hours/week of coverage, estimates for full operation needing 478 hours/week

• Marketing & Membership Coordinator will provide specific staff focus on communications and the membership program

18

Membership plans

Daily UserAdults

Resident

$6Non-Resident

$7Seniors (ages 55+) $5 $6Young Adults (ages 12-22) $4 $5Children (ages 3-11) $3 $4

Punch Pass (10 visits, previously 15)

Adults $50 $60Seniors (ages 55+) $45 $55Young Adults (ages 12-22) $35 $45Children (ages 3-11) $25 $35

Memberships

1 year (paid in full)Adults $300 $350Seniors (ages 55+) $255 $335Young Adults (ages 12-22) $255 $335Children (ages 3-11) $150 $200

Month to MonthAdults $34 $38Seniors (ages 55+) $30 $34Young Adults (ages 12-22) $28 $32Children (ages 3-11) $14 $16

Monthly DraftAdults $32 $36Seniors (ages 55+) $28 $32Young Adults (ages 12-22) $26 $30Children (ages 3-11) $12 $14

19

Improvements in Service Delivery

Customer Service • Implementing a comprehensive customer

service/experience training is a major focus of the operational planning.

• Working with a consultant to develop customer service standards and training of staff.

• This will train new & existing staff and also includes a “train the trainer” program.

21

Customer Service Standards“RELATE”

Respect – We treat all in a courteous and fair manner. We are inclusive of others as well as open to and appreciative of the diversity of the community. We are professional in how we represent the organization in appearance, interactions, and in showing respect for the privacy of others.

Educate – We understand the organization well enough to effectively serve others. We know the customers and their needs and educate customers about the organization and their service experience.

22

Customer Service Standards“RELATE”

Listen – We acknowledge others and their needs, are patient, communicate clearly, and listen effectively so they feel valued and important. We strive to address their need right the first time.

Act – We own the service experience, taking responsibility for needs and issues, and being prompt and responsive to the needs and communications of others. We are helpful and hold ourselves accountable for our actions and on behalf of co-workers

23

Customer Service Standards“RELATE”

Team-up – We work with others in the organization to address collective goals and customer needs. We understand our roles, are involved and trustworthy, share information and ideas, and collaborate with others where needs are present. We ensure customers are guided to the right resource to address their needs.

Enjoy – We are friendly and welcoming, proactively engaging others in a natural, enthusiastic, and attentive manner. We convey the energy, active nature, and positivity that we hope to see from our customers

24

Routine Maintenance & Appearance

• Comprehensive series of cleaning and maintenance checklists have been developed.– These are steps that are taken periodically throughout

the day to maintain cleanliness.

• Staff has implemented routine maintenance for new systems associated with the pool mechanical system and the pool enclosure.– These are to ensure we are taking proactive steps to

protect the Town’s investment in the facility.

25

Use of Technology

• ACTIVE Net – Changed registration for the first time in 16 years – Improvements in user interface, staff efficiencies and

reporting capability

• Working with IT to identify ways to weave technology into our operations and our data collection– User input (iPad and kiosk systems)– Improved security system– People counters – Laserfiche for recordkeeping

26

Monitoring Performance

• Measuring two types of data– Effectiveness and quality of operations – Program management

• Quality of operations– Checklists and review to ensure cleanliness and

maintenance is kept at a consistently high level– Customer experience and value feedback– Client retention and “value of fees”

• Program management– Establishing baseline data for use of facility– Using that data to make decisions on changes to

programming 27

Strategic Performance EvaluationObjective Goal Strategy Measure

Quality of Service Delivery Maintain high quality image of the facility through cleanliness and regular maintenance

• Checklists are completed with expected frequency and completion

• Checklist completion and accuracy is checked by supervisors

• Quality control checks by Superintendent and Director

• Checklists are completed 90% of days/reporting period

• Supervisor is following up on accuracy and completion of checklists 90% of the time

• Quality control checks will be made by Administrative staff on at least a monthly basis

Quality of Service Delivery Create superior customer service experience for the patrons of our facility

• Work with an external consultant to create a customer service program

• Obtain user feedback scores via various methods regarding their experience and the satisfaction with the level of customer service provided at MAFC

• Assess customer loyalty via the Net Promoter Score (NPS) created from questions posed to users

• Provide value for the “membership dollar” by surveying patrons on their perception of value in the fees they pay at MAFC

• Implementation of customer service training and philosophy

• Responses are targeted to at least “very good” for 80% of responses

• NPS score of +20, (+0 is considered good, +50 or higher is considered excellent, and +70 is considered “best of the best”)(Industry Standard)

• Responses to the value question are targeted at a minimum of 80%

28

Strategic Performance EvaluationObjective Goal Strategy Measure

Quality of Service Delivery Maintain a consistent client retention rate

• Percentage of clients that maintain a membership from one month to the next.

• If they are not retained, identify and evaluate the reason for dissatisfaction

• Maintain a client retention rate of 70% or higher(Industry standard)

• Maintain a satisfaction of non-retained clients of 70%

Quality of Service Delivery Ensure communication and marketing strategies are consistent, accurate, engaging, and timely

• Ensure accurate, thorough, and timely posting of messaging.

• Tracking the time/date of incoming questions and getting responses by next business day

• Track the effectiveness of marketing strategies through customer and community surveys

• Requested communications & messaging is completed by the submitted date 90% of the time

• Questions are responded to by the next business day 90% of the time

• Make adjustments to marketing strategies based on feedback

29

Strategic Performance EvaluationObjective Goal Strategy Measure

Sound Operational Decision Making

Maintain efficient facility utilization.

• Evaluate capacity vs usage measurement of the group fitness studio

• Evaluate capacity vs usage measurement of pool space

• Track overall facility usage via people counters to evaluate need for additional proactive maintenance

• 70% capacity in group fitness classes

Sound Operational Decision Making

Maintain and expand membership and other users at MAFC.

• Count of users, by type to develop benchmark data and trends for future years

• Use people counting capabilities to capture foot traffic counts for future years

• Obtain accurate count weekly

• Obtain accurate count weekly

Sound Operational Decision Making

Financial integrity through effective and efficient cost management

• Establishment of actual personnel and operational costs for full operations.

• Tracking of facility and program use versus cost of staff.

• FY2021 budget reconciliation and evaluation

• Cost recovery as dictated by Town / P&R Policy.

30

Communications• Working with Communications & Outreach, staff

has developed a plan for communicating key information about the center in a timely and effective way.

• Key audiences– Residents– Former MAFC members– Businesses in Town– Local schools and other organizations that would

benefit from using MAFC– Prospective employees

31

Communications• Community Outreach:

– Business Community– Chamber of Commerce– HOAs– Apartment complexes

• Printed Materials:– Flyers– Brochures– Signage in TOM Parks

• Promotional Items– Free passes– Promotional giveaways

• Social Media:– MAFC Re-Opening Graphic– Facebook Posts– Instagram Posts– Nextdoor– Twitter Posts

• Town Communications:– Connection Newsletter– Next Week in Morrisville– Email Distribution Lists– Press Release

• Traditional Media:– “Recreate” magazine article– Local media coverage– Paid advertising

• Website– Calendar reminder– Homepage / Banner Feature– Special Content Page

• Other Opportunities:– North Carolina Recreation & Park Association– Outreach to former MAFC members– Outreach to Town staff and Committee

members– Preview Video of site (drone footage) and

interior of the facility

32

Questions?

Town Council Agenda Item Report

Agenda Item No. 9.bSubmitted by: Benjamin HowellSubmitting Department Planning Meeting Date: July 14, 2020

SUBJECTMorrisville Smart Shuttle Update - Operations Agreement FrameworkBen Howell, Long Range Planning Manager

Recommendation:Receive as Information

Updates/History of Briefing:NOT APPLICABLE

Executive Summary and Background Information:Staff has been working on the agreement framework for operation of the Morrisville SmartShuttle with GoCary. Staff will present the framework to Council, outlining major sections ofthe Agreement and roles and responsibilities of each party to the Agreement. The Agreementis expected to be presented for approval in August, after review by the Town Attorney. TheAgreement will cover the following major items:

Smart Shuttle Operations and InfrastructureMaintenance of Smart Shuttle InfrastructureFundingPerformance ReportingTechnology Procurement and MaintenanceMarketing of Smart Shuttle ServiceCustomer Information and Complaints

Included in the presentation is a summary of the roles and responsibilities that will be outlinedin the Agreement with GoCary related to implementing the Smart Shuttle Service. Planningstaff is also coordinating with an inter-departmental implementation team consisting of stafffrom the Communications and Outreach, Engineering and Public Works Departments to beginwork on the necessary infrastructure and marketing plans for the service.

Advisory Board/Committee Review:None

Insert Date of Advisory Board/Committee Review:

Advisory Board/Committee Recommendation and/or Vote:None

Potential Options:Receive Update

Staff Recommendation:Receive as information and provide general feedback. ATTACHMENTS• Operations Agreement Framework Presentation

Morrisville Smart Shuttle Agreement Framework

July 14, 2020

Smart Shuttle Background

Smart Shuttle Service• Smart Shuttle will provide on-demand service to 15 Nodes in

Town– Riders will use a mobile app to order a ride from one node to another

node– App will provide riders real-time location of smart shuttle and

projected wait times– Service can be expanded to additional nodes in future years

• Smart Shuttle scheduled to begin operating in June 2021– Service Planning, Capital and Infrastructure work will be

completed July 2020 – June 2021• Purchase of technology platform and infrastructure for service• Construction of infrastructure at some nodes

– At minimum, all nodes will have signage, bus stop pad and any necessary sidewalk improvements to provide connectivity

• Marketing of new service• Community outreach on how to engage/use service and

mobile application

Smart Shuttle Node Map

Operations Agreement –Roles & Responsibilities

Operations Agreement Framework Overview Operations Agreement with GoCary that will govern operation of Smart Shuttle service • Agreement Term

– Initial Term of 5 Years• Smart Shuttle Operations, Infrastructure and

Maintenance• Funding and Performance Reporting• Technology• Marketing, Customer Information and

Complaints

Smart Shuttle Operations & MaintenanceOperations Schedule

• Monday – Friday– 1 Shuttle: 7AM – 9PM– 2nd Shuttle operates

7AM – 9AM and 4PM –6PM

• Saturday– 1 Shuttle: 8AM – 8PM

• Sunday– 1 Shuttle: 8AM – 7PM

• No service on Holidays– 10 Holidays

Infrastructure and Maintenance

• Smart Shuttle Vehicles– GoCary buses with ADA

accommodations– Morrisville branding via

electronic signage on buses– GoCary maintains

• Nodes– Morrisville constructs Nodes

and associated infrastructure– Morrisville maintains

landscaping, collecting trash and recycling, snow and ice removal, maintaining ADA accessibility

Funding & Performance Reporting• 50% of the cost of the service will be reimbursed

by Wake Transit through the Community Funding Area Program– Payment schedule for GoCary will be negotiated

• In addition to Operations Agreement, there will be a Funding Agreement with CAMPO and GoTriangle– Reimbursement will be paid to Morrisville

• GoCary staff will provide regular reports to Town staff on performance of Smart Shuttle– Morrisville staff will submit quarterly

performance reports to Wake Transit

Technology• Morrisville will work with GoCary to procure

technology platform– GoCary will lead procurement of technology platform

and vendor– Morrisville will be party to technology services

agreement with GoCary and technology vendor• Technology will require installation of hardware and

software on GoCary vehicles and computer systems• GoCary staff will be trained on operation of

technology• Technology should allow for dispatching by GoCary

dispatchers in addition to use of mobile devices

Marketing and Customer Information & Complaints

Marketing• Town Responsibilities

– Establishing and implementing Marketing Plan and related public engagement efforts

– Design and print informational materials

– Post information on Town website

• GoCary Responsibilities– Assist with distributing

information as needed– Assist with public

engagement as necessary (i.e. “Train the Rider” events)

Customer Information & Complaints

• Regional Transit Call Center will be primary point of customer information and complaints

• Call Center will forward Questions/Complaints to:– GoCary for service-related

concerns– Morrisville for Node/Node

Infrastructure concerns

Council Questions/Comments

Town Council Agenda Item Report

Agenda Item No. 11.aSubmitted by: Brandon ZuidemaSubmitting Department Administration Meeting Date: July 14, 2020

SUBJECTResolution Authorizing the Purchase of Real Property at 1021 Harris Mill Road.Brandon Zuidema, Assistant Town ManagerBrief/Action - July 14

Recommendation:Approve Resolution authorizing the Town Manager to execute a purchase agreement for realproperty at 1021 Harris Mill Road.

Updates/History of Briefing:N/A

Executive Summary and Background Information:The Town has identified the need for property for the construction of a new fire station to meetthe current and long-term needs for fire service in Morrisville. Staff has worked with the FireDepartment to identify appropriate sites that would accommodate a fire station and would beoptimally located for efficient fire service in Town. Staff has identified a site located at 1021Harris Mill Road that, based on location, size, and initial site assessment, meets the identifiedrequirements for a fire station location. Town Hall Commons B2, LLC, owner of the property at1021 Harris Mill Road has agreed to sell (ATTH 01) the property to the Town for $2,050,000.The property consists of one (1) lot (PIN #0746404889) of approximately 6.33 acres of landlocated on Harris Mill Road between McCrimmon Parkway and J Morris Commons Lane,Morrisville, North Carolina. The vacant lot has a tax value of $1,737,131 and an appraisedvalue of $2,100,000. The purchase agreement includes $75,000 in earnest money; closingcosts are expected to be an additional $2,600. Funds for this purchase are available in thePublic Safety Capital Project Fund. The purchase agreement provides for a due diligenceperiod of one hundred twenty (120) days to allow for environmental and site evaluation by theTown.

Advisory Board/Committee Review:None

Insert Date of Advisory Board/Committee Review:

Advisory Board/Committee Recommendation and/or Vote:None

Potential Options:Approve the resolution authorizing the Town Manager to execute the purchase agreement.Deny the resolution.

Staff Recommendation:Staff recommends approving the resolution authorizing the Town Manager to execute thepurchase agreement. ATTACHMENTS• 2020-203-0_BS_Purchase_Agreement_Harris_Mill_Road.pdf• 2020-203-0_ RES_Purchase_Agreement_Harris_Mill_Road.pdf• 2020-203-0_ATTH-01_Purchase_Agreement_Harris_Mill_Road.pdf

Updated: June 24, 2020 1 of 1

Resolution 2020-203-0 Authorizing the Purchase of

Real Property at 1021 Harris Mill Road

Goals Objectives

Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity and collaboration

☐ Obj. 1.1 Manage traffic congestion at targeted locations and targeted times of day ☐ Obj. 1.2 Leverage resources through partnerships with other government entities and private sector ☐ Obj. 1.3 Improve mobility options for non-drivers

Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality

☐ Obj. 2.1 Provide a mix of housing options that meet the current and future needs of the community ☐ Obj. 2.2 Create a sense of place through insightful development that balances commercial and residential growth ☐ Obj. 2.3 Be responsible stewards of the natural environment ☐ Obj. 2.4 Establish a planned approach for redevelopment and revitalization ☐ Obj. 2.5 Plan and provide for current and future infrastructure

Engaged, inclusive community – Enrich the quality of life through programs, events, amenities and services valued by the community

☐ Obj. 3.1 Offer events and programs that meet the needs and interests of the community ☐ Obj. 3.2 Increase awareness of activities and opportunities for engagement ☐ Obj. 3.3 Effectively maintain assets and make the most of existing resources ☐ Obj. 3.4 Provide opportunities for meaningful public engagement and collaboration

Public safety readiness – Provide a safe and secure community through prevention, education, readiness and response

☐ Obj. 4.1 Provide educational opportunities and encourage preparedness ☒ Obj. 4.2 Be operationally ready ☒ Obj. 4.3 React responsively to the public safety needs of the community ☒ Obj. 4.4 Meet Demands for service

Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency

☐ Obj. 5.1 Promote financial integrity through effectively and efficiently managing public assets ☐ Obj. 5.2 Deliver customer-focused service ☐ Obj. 5.3 Require the highest of professional standards ☐ Obj. 5.4 Attract, develop and retain a diverse, high performing workforce ☒ Obj. 5.5 Align priorities with resources ☐ Obj. 5.6 Leverage the use of technology to maximize results

Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce

☐ Obj. 6.1 Attract and retain businesses that provide a diverse tax base ☐ Obj. 6.2 Support new and existing businesses by streamlining processes and minimizing complexities ☐ Obj. 6.3 Understand business needs in order to supply a ready workforce ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an advocacy plan to address public education needs

“Connect Morrisville” Strategic Plan Alignment

TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560

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RESOLUTION 2020-203-0 OF THE MORRISVILLE TOWN

COUNCIL AUTHORIZING THE PURCHASE OF REAL PROPERTY AT 1021 HARRIS MILL ROAD

WHEREAS, Town Council has identified the need to purchase property for the construction of a fire station; and WHEREAS, Town staff has identified a specific area of the Town to locate a fire station to meet the current and future needs of the fire service in Town; and WHEREAS, Town Council desires to make a property purchase from a willing seller; and WHEREAS, The commercial property located at 1021 Harris Mill Road, (Pin # 0746404889) is comprised of one tract totaling 6.33 acres; and WHEREAS, The owner of the property identified above has agreed to sell the property to the Town; and WHEREAS, The Town has negotiated an acceptable purchase offer with the owner of the property; and WHEREAS, The Town has agreed to provide $75,000 in earnest money to Town Hall Commons B2, LLC, property owner, within three (3) business days of the execution of the purchase agreement: NOW, THEREFORE, BE IT RESOLVED THAT THE MORRISVILLE TOWN COUNCIL hereby approves the purchase of the tract of real property consisting of 6.33 acres of land located at 1021 Harris Mill Road, owned by Town Hall Commons B2, LLC for the negotiated purchase price of $2,050,000, and authorizes the Town Manager and the Town Attorney to execute the purchase agreement; and BE IT FURTHER RESOLVED THAT THE MORRISVILLE TOWN COUNCIL authorizes the funding for the property purchase and any closing costs to be allocated from the Public Safety Capital Project Fund to support the purchase as authorized above. Adopted this the 14th day of July 2020. ______________________________ TJ Cawley, Mayor ATTEST: _____________________________ Eric W. Smith II, Town Clerk

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AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY

THIS AGREEMENT, including any and all addenda attached hereto (“Agreement”), is by and between Town of Morrisville, a municipal corporation (“Buyer”), and Town Hall Commons B2, LLC a North Carolina limited liability company (“Seller”). FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) “Property”: (Address)1021 Harris Mill Road Morrisville, North Carolina 27560

Plat Reference: Being all of Lot 5, containing approximately 6.33 acres, as shown on Book of Maps 2006 at Page 770, Wake County Registry. For information purposes: (i) the tax parcel number of the Property is: 0367244; and, (ii) some or all of the Property, consisting of approximately 6.33 acres, is described in Deed Book 13014, Page(s) 2306-2309 Wake County Registry. If this box is checked, “Property” shall mean that property described on Exhibit A attached hereto and incorporated

herewith by reference, together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any, itemized on Exhibit A.

$2,050,000.00 (b) “Purchase Price” shall mean the sum of two million fifty thousand and 00/100 Dollars,

payable on the following terms:

$75,000.00 (i) “Earnest Money” shall mean Seventy-five thousand and 00/100 Dollars. Upon this Agreement becoming

a contract in accordance with Section 14, the Earnest Money shall be promptly deposited in escrow with

Investors Title Insurance Company within three business days of the execution of this Agreement by Buyer.

Investors Title Insurance Company (name of person/entity with whom deposited- “Escrow Agent”), to be applied as part payment of the Purchase Price of the Property at Closing or disbursed as agreed upon under the provisions of Section 10 herein.

ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box)

ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer’s Taxpayer Identification Number is: )

ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH.

$________________ (ii) Proceeds of a new loan in the amount of ________________________________________________ _____________________________________________________________________Dollars for a term of

______ years, with an amortization period not to exceed years, at an interest rate not to exceed _________% per annum with mortgage loan discount points not to exceed __________% of the loan amount, or such other terms as may be set forth on Exhibit B. Buyer shall pay all costs associated with any such

Buyer Initials ______ _____ Seller Initials _____ _____

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loan.

$________________ (iii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of ________________________________________________________________________________ Dollars being payable over a term of ______ years, with an amortization period of years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate of_____________________________________ percent (__________%) per annum in the amount of $ , with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer’s subsequent default upon a promissory note and deed of trust given hereunder, Seller’s remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.)

$_______________ (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such obligation

having an outstanding principal balance of $__________________________________________ and evidenced by a note bearing interest at the rate of ________________________ percent (________%) per annum, and a current payment amount of $ .

$1,975,000.00______ (v) Cash, balance of Purchase Price, at Closing in the amount of one million nine hundred seventy-five

thousand and 00/100 Dollars.

(c) “Closing” shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shall

occur on or before thirty (30) days following the expiration of the Examination Period defined below in subsection

(e).

(d) “Contract Date” means the date this Agreement has been fully executed by both Buyer and Seller.

(e) “Examination Period” shall be one hundred twenty (120) days from Contract Date. TIME IS OF THE ESSENCE

AS TO THE EXAMINATION PERIOD.

(f) “Broker(s)” shall mean: Tri Properties, Inc. (“Listing Agency”), 5425 Page Road, Suite 100, Durham, NC 27703

(“Listing Agent” – License # )

Acting as: X Seller’s Agent; Dual Agent

and _________________________________________________________________________ (“Selling Agency”),

_____________________________________________________ (“Selling Agent”- License # )

Acting as: Buyer’s Agent; Seller’s (Sub)Agent; Dual Agent

(g) “Seller’s Notice Address” shall be as follows:8320 Society Place, Raleigh, NC 27615

e-mail address: fax number:

except as same may be changed pursuant to Section 12.

Buyer Initials ______ _____ Seller Initials _____ _____

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(h) “Buyer’s Notice Address” shall be as follows: 100 Town Hall Drive, Morrisville, NC 27560

e-mail address: fax number:

except as same may be changed pursuant to Section 12.

(i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to this Agreement.)

(j) If this block is marked, additional terms of this Agreement are set forth on the Additional Provisions Addendum (Form

581-T) attached hereto and incorporated herein by reference.

Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price. Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller’s obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes required by law, and the following: _______________________________________________________________________________________________________________________________________________________________________________________________________________________. Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement and the following: ______________________________________________________________________________________________________________________________________________________________________________________________________________________. Each party shall pay its own attorney’s fees. Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies of all material information relevant to the Property in the possession of Seller, including but not limited to: title insurance policies (and copies of any documents referenced therein), surveys, soil test reports, environmental surveys or reports, site plans, civil drawings, building plans, maintenance records and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property’s title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, provide to Seller copies of (subject to the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and other information relating directly to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release of the Earnest Money, copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. Section 5. Evidence of Title: Seller agrees to convey fee simple insurable title to the Property without exception for mechanics’ liens, free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (as defined in Section 7, if applicable) and (c) specific instruments on the public record at the Contract Date agreed to by Buyer (not objected to by Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the deed referenced in Section 11 (items 5(a), 5(b) and 5(c) being collectively “Permitted Exceptions”); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed.

Buyer Initials ______ _____ Seller Initials _____ _____

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Association Form No. 580T © Revised 1/2015, 7/2017 This standard form has been approved jointly by: North Carolina Printed by Agreement with the NC Bar Association North Carolina Bar Association – NC Bar Form No. 580T North Carolina Association of Realtors®, Inc. – Standard Form 580T

Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions:

(a) New Loan: The Buyer must be able to obtain the loan, if any, referenced in Section 1(b)(ii). Notwithstanding, after , Seller may request in writing from Buyer a copy of the commitment letter. If Buyer fails to provide Seller a copy of the commitment letter within five (5) days of receipt of Seller’s request, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the commitment letter, and Buyer shall receive a return of Earnest Money.

(b) Qualification for Assumption: The obligations of Buyer under this Agreement are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lender’s approval, Buyer agrees to use its best efforts to secure such approval and to advise Seller immediately upon receipt of the lender’s decision. Approval must be granted on or before _____________________________. On or before this date, Buyer has the right to terminate this Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of termination by the above date, time being of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived this condition. Unless provided otherwise in Section 3 hereof, Buyer shall pay all fees and costs associated with any such assumption, including any assumption fee charged by the lender. At or before Closing, Seller shall assign to Buyer all interest of Seller in any current reserves or escrows held by the lender, any property management company and/or Seller, including but not limited to any tenant improvement reserves, leasing commission reserves, security deposits and operating or capital reserves for which Seller shall be credited said amounts at Closing. (c) Title Examination: After the Contract Date, Buyer shall, at Buyer’s expense, cause a title examination to be made of the Property before the end of the Examination Period. In the event that such title examination shall show that Seller’s title is not fee simple insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions. (d) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property.

(e) Inspections: Buyer, its agents or representatives, at Buyer’s expense and at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, conducting timber cruises, and surveying the Property; provided, however, that Buyer shall not conduct any invasive testing of any nature without the prior express written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct all such on-site inspections, examinations, testing, timber cruises and surveying of the Property in a good and workmanlike manner, at Buyer’s expense, shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-site inspections outside of the hours Seller’s or any tenant's business is open to the public. Buyer shall provide Seller or any tenant (as applicable) reasonable advance notice of and Buyer shall cause its agents or representatives and third party service providers (e.g. inspectors, surveyors, etc.) to give reasonable advance notice of any entry onto the Property. Buyer shall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant’s space at the Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of

Buyer Initials ______ _____ Seller Initials _____ _____

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Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as applicable): X If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the Property. If this box is checked, Seller discloses that there are one or more leases affecting the Property ("Leases”) and the following provisions are hereby made a part of this Agreement. (a) A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants that as of the Contract Date, there are no other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on Exhibit B; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; (c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease. (d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease). Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited to Buyer at or before Closing. The assignment shall provide: (i) that Seller shall defend, indemnify and hold Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys’ fees) asserted against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing, and (ii) that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys’ fees) asserted against or incurred by Seller which are caused by or the result of any default by Buyer under any Lease after the date of Closing. (e) Seller also agrees to execute and deliver (and work diligently to obtain any tenant signatures necessary for same) any estoppel certificates and subordination, non-disturbance and attornment agreements in such form as Buyer may reasonably request. Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become

Buyer Initials ______ _____ Seller Initials _____ _____

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regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto agree in writing. Section 10. Earnest Money Disbursement: In the event that any condition hereto is not satisfied, then the Earnest Money shall be refunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money shall be refunded to Buyer upon Buyer’s request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Agreement by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Seller’s sole and exclusive remedy for such breach, but without limiting Seller’s rights under Section 6(e) or Section 22 of this Agreement. It is acknowledged by the parties that payment of the Earnest Money to Seller in the event of a breach of this Agreement by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller’s actual damages for such breach. NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money held in escrow, a licensed real estate broker is required by state law (and Escrow Agent, if not a broker, hereby agrees) to retain the Earnest Money in the Escrow Agent’s trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a broker or an attorney licensed to practice law in North Carolina is holding the Earnest Money, the broker or attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A- 12. Seller and Buyer hereby agree and acknowledge that the Escrow Agent assumes no liability in connection with the holding of the Earnest Money pursuant hereto except for negligence or willful misconduct of Escrow Agent. Escrow Agent shall not be responsible for the validity, correctness or genuineness of any document or notice referred to under this Agreement. Seller and Buyer hereby agree to indemnify, protect, save and hold harmless Escrow Agent and its successors, assigns and agents pursuant to this Agreement, from any and all liabilities, obligations, losses, damages, claims, actions, suits, costs or expenses (including attorney fees) of whatsoever kind or nature imposed on, incurred by or asserted against Escrow Agent which in any way relate to or arise out of the execution and delivery of this Agreement and any action taken hereunder; provided, however, that Seller and Buyer shall have no such obligation to indemnify, save and hold harmless Escrow Agent for any liability incurred by, imposed upon or established against it as a result of Escrow Agent’s negligence or willful misconduct. Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a general warranty deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale for any personalty listed on Exhibit A, an owner’s affidavit, lien waiver forms (and such other lien related documentation as shall permit the Property to be conveyed free and clear of any claim for mechanics’ liens) and a non-foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act), and Buyer shall cause to be delivered the funds necessary to pay to Seller the Purchase Price. The Closing shall be conducted by Buyer’s attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until the Buyer’s attorney’s (or other designated settlement agent’s) receipt of authorization to disburse all necessary funds. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing (which shall include electronic mail) and shall be deemed to have been properly given and received (i) on the date delivered in person or (ii) the date deposited in the United States mail, registered

Buyer Initials ______ _____ Seller Initials _____ _____

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Association Form No. 580T © Revised 1/2015, 7/2017 This standard form has been approved jointly by: North Carolina Printed by Agreement with the NC Bar Association North Carolina Bar Association – NC Bar Form No. 580T North Carolina Association of Realtors®, Inc. – Standard Form 580T

or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith, (iii) upon the sender’s receipt of evidence of complete and successful transmission of electronic mail or facsimile to the electronic mail address or facsimile number, if any, provided in Section 1(g) as to Seller and in Section 1(h) as to Buyer or (iv) on the date deposited with a recognized overnight delivery service, addressed to the addresses set out in Section 1(g) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith. If a notice is sent by more than one method, it will be deemed received upon the earlier of the dates of receipt pursuant to this Section. Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together, shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged via facsimile or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. The invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and enforced as if such invalid provisions were not included. Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effective communication for the purposes of this Section 14. The parties acknowledge and agree that: (i) the initials lines at the bottom of each page of this Agreement are merely evidence of their having reviewed the terms of each page, and (ii) the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns and their personal representatives. Section 15. Adverse Information and Compliance with Laws:

(a) Seller Knowledge: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners’ association special assessments, except as follows (Insert “None” or the identification of any matters relating to (i) through (iv) above, if any): NONE. Note: For purposes of this Agreement, a “confirmed” special assessment is defined as an assessment that has been approved by a governmental agency or an owners’ association for the purpose(s) stated, whether or not it is fully payable at time of closing. A “pending” special assessment is defined as an assessment that is under formal consideration by a governing body. Seller shall pay all owners’ association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. Seller represents that the regular owners’ association dues, if any, are $______________________ per _________________________. (b) Compliance: To Seller’s actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action, suit or other proceeding.

Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement.

Buyer Initials ______ _____ Seller Initials _____ _____

Page 8 of 9

Association Form No. 580T © Revised 1/2015, 7/2017 This standard form has been approved jointly by: North Carolina Printed by Agreement with the NC Bar Association North Carolina Bar Association – NC Bar Form No. 580T North Carolina Association of Realtors®, Inc. – Standard Form 580T

Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This form has only been approved for use in North Carolina. Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B. Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non-exchanging party, as shall be required to give effect to this provision. Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers designated under Section 1(f) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. Section 23. Attorneys’ Fees: If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys’ fees and court costs incurred in connection with the proceeding. EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an “exterior insulating and finishing system” commonly known as “EIFS” or “synthetic stucco”. Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. BUYER: SELLER:

Buyer Initials ______ _____ Seller Initials _____ _____

Page 9 of 9

Association Form No. 580T © Revised 1/2015, 7/2017 This standard form has been approved jointly by: North Carolina Printed by Agreement with the NC Bar Association North Carolina Bar Association – NC Bar Form No. 580T North Carolina Association of Realtors®, Inc. – Standard Form 580T

Town of Morrisville, a municipal corporation Town Hall Commons B2, LLC a North Carolina limited liability company

By:___________________________________________ By:_________________________________________ Name: Martha Paige_____________________________ Name: Stuart Edward White Title: Town Manager Title: Manager Date: __________________________________________ Date: ________________________________________ The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in accordance with the terms hereof. ____________________________________________________________________________________________________________

(Name of Escrow Agent) Date:___________________________________________ By: _______________________________________________

Town Council Agenda Item Report

Agenda Item No. 11.bSubmitted by: Eric SmithSubmitting Department Administration Meeting Date: July 14, 2020

SUBJECTResolution Appointing Advisory Board and Committee MembersEric W. Smith II, Town ClerkBrief - July 14PZB Balloting - July 14Action - (Remaining Appointment Balloting / Resolution) - July 28

Recommendation:Consider eligible applicants for potential appointment.

Updates/History of Briefing:Not Applicable

Executive Summary and Background Information:

Official recruitment for Summer appointments began on June 23 and closed at 5 pm on July10 through a variety of outreach mechanisms (recruitment plan noted below).

A total of three new applications were received during this recruitment window and there were11 eligible applicants remaining on file from the last year. Previous applicants were contactedto determine if they were still interested in appointment/reappointment. Those who were notinterested were removed from consideration and those who did not respond remain forconsideration. Information regarding current vacancies and upcoming expiring terms is notedbelow and is detailed in ATTH06.

Residency for each applicant has been verified and all reside within the Town limits ofMorrisville.

Staff previously facilitated a Spring recruitment over 5 weeks in February and March, withproposed action to Town Council in April. This action and additional recruitment wassuspended due to COVID-19 restrictions. Staff has reached out to those applicants whosubmitted during that time (no term expirations were affected) to inform them of therecruitment status. Staff has also engaged with members of the Board of Adjustment to shareavailable appointment opportunities. BOA members have been encouraged to apply for boardand committee appointment but have been informed that appointment is not guaranteed anymember.

To streamline the balloting process and minimize the time dedicated to balloting during ameeting, staff previously recommended that balloting take place outside of a regular meetingvia an alternative electronic balloting method (October 21, 2019 Town Council RoundtableDiscussion). This alternative balloting method was implemented during council’s November12, 2019 Meeting and proved successful.

At the November 26, 2019 Town Council meeting, council suggested that PZB balloting takeplace as a stand-alone ballot prior to the balloting for other boards/committees, due to theincreasing number of applicants expressing PZB as their first choice for appointment(applicants are allowed to select up to two board of interest). To facilitate this request, a stand-alone PZB Application Packet (ATTH01) and Ballot is included in the agenda packet. Councilwill be asked to complete PZB balloting, during the July 14 meeting. Council membersparticipating in the July 14 meeting remotely will use the PZB voting ballot included within theJuly 14 agenda packet and submit their PZB selections to the Town Clerk via email on July 14no later than 5 pm. These electronic ballots will remain as part of the agenda item and publicrecord.

On the afternoon of July 15, council will receive an application packet and electronic ballots forall remaining appointments. Council will be asked to complete the electronic ballots and returnthem to the Town Clerk no later than July 22 at 5pm for initial tallying. Results will beannounced at the July 28 meeting and all ballots will remain as part of the agenda item andpublic record.

Upon completion of the July 14 PZB balloting, if a runoff is deemed necessary, the Town Clerkwill provide runoff ballots electronically to council on the morning of July 15 and request thatthey are returned no later than 1pm July 15 for final vote tallying.

As has been staff’s practice, supplemental questions answered in the PZB application areprovided in excel (ATTH04) as an extra tool/resource to facilitate movement and evaluation ofinformation during Town Council's review work. A PDF version of the document (ATTH03) isprovided for your convenience as well.

All attachments will be updated July 15 to include the information for the remaining eligibleapplicants and provided to council members electronically.

To ensure a fair process to all applicants, those applications received after the July 10deadline will be kept on file for appointment consideration during the next board andcommittee appointment cycle.

Board and Committee vacancies and upcoming expiring terms:

Morrisville Environment and Stormwater Committee (11 Members)

Vacancies: 1

Expiring Terms: 1

Eligible Applicants on File: 0

Public Education Advisory Committee (12 Members)

Vacancies: 2 (District 3 and 4)

Expiring Terms: 0

Eligible Applicants on File: 2 (one from District 3 and one from District 4)

Parks, Recreation and Cultural Resources Advisory Committee (11 Members)

Vacancies: 2

Expiring Terms: 1

Eligible Applicants on File: 6

Performance Measures Advisory Committee (11 Members)

Vacancies: 2

Expiring Terms: 0

Eligible Applicants on File: 3

Planning and Zoning Board (7 Members)

Vacancies: 0

Expiring Terms: 2 regular seats (Chair and Vice Chair)

Eligible Applicants on File: 4 (Including Chair and Vice Chair)

Public Safety Advisory Committee (11 Members)

Vacancies: 2

Expiring Terms: 0

Eligible Applicants on File: 4

Senior Advisory Committee (11 Members)

Vacancies: 2

Expiring Terms: 0

Recruitment/Appointment Timeline:

June 23 – July 10 - Formal Recruitment

July 14 - Council completes PZB balloting

July 15 – Council will receive an application packet and electronic ballots for all remainingappointments, with instructions for completion.

July 22 - ALL council members asked to return completed ballots (hard copy or electronic) toTown Clerk, no later than 5pm, to be tallied. Staff will prepare runoff ballots (if needed).

July 28 - Regular council meeting. Tallies to be announced, and if needed, runoff votes(Council will be provided ballots during the meeting). Remaining tallies to be announced (fromany runoffs), and Council will be asked to vote on the resolution.

Outreach Mechanisms

Email: Town support staff, current board/committee membership, Council Current Listserv,recent applicants (within last 365 days), HOA contacts, Town Council

Hard copy: Posters/Fliers displayed at various Town locations

Social Media: Facebook, Twitter

Other Electronic Media: NWIM weekly messages during recruitment period, website featurethroughout recruitment period

Current Board/Committee rosters are available online:https://www.townofmorrisville.org/government/citizen-advisory-committees

Advisory Board/Committee Review:None

Insert Date of Advisory Board/Committee Review:

Advisory Board/Committee Recommendation and/or Vote:N/A

Potential Options:Consider eligible applicants for potential appointment.

Consider further recruitment for candidates.

Staff Recommendation:Complete PZB balloting. On July 28 2020, Council will be asked to vote on a single resolution for all board andcommittee appointments.

ATTACHMENTS• 2020-210-0_Brief_Supplement_Bd_Cmte_Appts.wbk.pdf• 2020-210-0_RES_Bd_Cmte_Appts.pdf• 2020-210-0 ATTH01 PZB Applications.pdf• 2020-210-_ATTH02_Bd_Cmte_Appts_Applicant_Contact_Info.pdf• 2020-210-0 ATTH03_PZB Supplement_Question_Matrix.pdf• 2020-210-0 ATTH04_PZB Supplement_Question_Matrix.xlsx• 2020-210-0_ATTH05_Bd_Cmte_Appts_PZB_Ballot_-_Electronic.pdf• 2020-210-0 ATTH06 Boards and Committees Overview.pdf• 2020-210-0 ATTH07 Bd_Cmte Applications.pdf• 2020-210-0 ATTH08_Bd_Cmte_Appts_Applicant_Contact_Info.xlsx• 2020-210-0 ATTH09_Bd_Cmte Supplement_Question_Matrix.xlsx• 2020-210-0 ATTH10_Bd_Cmte Supplement_Question_Matrix.pdf

• 2020-210-0 ATTH11_Bd_Cmte_Appts_ Ballots - Electronic.pdf

Updated: July 9, 2020 1 of 1

Resolution Approving Board and Committee Appointments: (2020-210-0)

Goals Objectives

Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity and collaboration

☐ Obj. 1.1 Manage traffic congestion at targeted locations and

targeted times of day

☐ Obj. 1.2 Leverage resources through partnerships with othergovernment entities and private sector

☐ Obj. 1.3 Improve mobility options for non-drivers

Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality

☐ Obj. 2.1 Provide a mix of housing options that meet the current

and future needs of the community

☐ Obj. 2.2 Create a sense of place through insightfuldevelopment that balances commercial and residential growth

☐ Obj. 2.3 Be responsible stewards of the natural environment

☐ Obj. 2.4 Establish a planned approach for redevelopment and

revitalization

☐ Obj. 2.5 Plan and provide for current and future infrastructure

Engaged, inclusive community – Enrich the quality of life through programs, events, amenities and services valued by the community

☐ Obj. 3.1 Offer events and programs that meet the needs andinterests of the community

☐ Obj. 3.2 Increase awareness of activities and opportunities for

engagement

☐ Obj. 3.3 Effectively maintain assets and make the most of

existing resources

☒ Obj. 3.4 Provide opportunities for meaningful public

engagement and collaboration

Public safety readiness – Provide a safe and secure community through prevention, education, readiness and response

☐ Obj. 4.1 Provide educational opportunities and encourage

preparedness

☐ Obj. 4.2 Be operationally ready

☐ Obj. 4.3 React responsively to the public safety needs of thecommunity

☐ Obj. 4.4 Meet Demands for service

Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency

☐ Obj. 5.1 Promote financial integrity through effectively and

efficiently managing public assets

☐ Obj. 5.2 Deliver customer-focused service

☐ Obj. 5.3 Require the highest of professional standards

☐ Obj. 5.4 Attract, develop and retain a diverse, high performing

workforce

☐ Obj. 5.5 Align priorities with resources

☐ Obj. 5.6 Leverage the use of technology to maximize results

Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce

☐ Obj. 6.1 Attract and retain businesses that provide a diverse tax base

☐ Obj. 6.2 Support new and existing businesses by streamlining

processes and minimizing complexities

☐ Obj. 6.3 Understand business needs in order to supply a ready

workforce

☐ Obj. 6.4 Maximize partnership opportunities with the MorrisvilleChamber of Commerce, regional and educational partners

☐ Obj. 6.5 Develop and advocacy plan to address public education

needs

“Connect Morrisville” Strategic Plan Alignment

TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560

Page 1 of 1

RESOLUTION 2020-210-0 OF THE MORRISVILLE TOWN

COUNCIL CONSIDERING APPOINTMENTS OF ADVISORY BOARD AND COMMITTEE MEMBERS

WHEREAS, recruitment for vacancies on advisory boards and committees took place June 23, 2020 through July 10, 2020; and WHEREAS, initial appointments from the applicant pool are considered by the Council: NOW, THEREFORE, BE IT RESOLVED THAT THE MORRISVILLE TOWN COUNCIL hereby notes that the following applicants are eligible for appointment, as indicated by ballot vote (member names to be inserted upon approval): Public Education Advisory Committee (MPEAC) ____________________ - August 1, 2020 – July 31, 2022 ____________________ - August 1, 2020 – July 31, 2023 Parks, Recreation and Cultural Resources Advisory Committee (PRCRAC) ____________________ - August 1, 2020 – July 31, 2022 ____________________ - August 1, 2020 – July 31, 2022 ____________________ - September 1, 2020 – August 31, 2022 Performance Measures Advisory Committee (PMAC) ____________________ - August 1, 2020 – July 31, 2022 ____________________ - August 1, 2020 – July 31, 2022 Planning and Zoning Board (PZB) ____________________ Regular - September 1, 2020 – August 31, 2023 ____________________ Regular - September 1, 2020 – August 31, 2023 Public Safety Advisory Committee (PSAC) ____________________ - August 1, 2020 – July 31, 2022 ____________________ - August 1, 2020 – July 31, 2022 Senior Advisory Committee (SAC) ____________________ - August 1, 2020 – July 31, 2022 ____________________ - August 1, 2020 – July 31, 2022 Environment and Stormwater Committee (MESC) ____________________ - August 1, 2020 – July 31, 2022 Adopted this the 28th day of July 2020.

ATTEST: ______________________________ _____________________________ TJ Cawley, Mayor Eric W. Smith II, Town Clerk

Submit Date: Jun 24, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

10

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Planning and Zoning Board: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Planning and Zoning Board

Which Board or Committee is your SECOND choice to serve on? *

Parks and Recreation Advisory Committee

James Sawyer

jimsawyer035@gmail.com

106 Walnut Woods Dr

Morrisville NC 27560

Mobile: (919) 638-1365 Home:

James Sawyer Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I would like to be more involved with the community. I have some experience (in 1995-1996) serving on azoning board in CT.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

I would like to help shape the future of our town.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

N/A

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

N/A

Have you completed Morrisville 101?

Yes No

Referrals

How did you hear about this advisory board/committee?

Facebook

Conflict Declarations

James Sawyer Page 2 of 3

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

James Sawyer Page 3 of 3

Submit Date: Jul 08, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

25

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Planning and Zoning Board: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Planning and Zoning Board

Which Board or Committee is your SECOND choice to serve on? *

Planning and Zoning Board

Peter Prichard

prichardp@hpw.com

119 Holly Creek Road (Mail: PO Box 534)

Morrisville NC 27560

Home: (919) 467-0555 Mobile: (919) 244-1437

Peter Prichard Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

To continue to serve the community in which I have lived longer than anywhere else in my life.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

To listen to all the facts and opinions revolving around planning and zoning issues and to makerecommendations to council that are, we hope, the best for current and future residents of Morrisville.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

Member/Alternate member of the Planning Board since approx. 1999.

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

I have missed just one PZB meeting since being appointed chairperson in 2001.

Have you completed Morrisville 101?

Yes No

Referrals

How did you hear about this advisory board/committee?

Other

Conflict Declarations

Prichard_-_brief_professional_background.docx

Peter Prichard Page 2 of 3

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

N/A

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

I changed careers and became a Realtor in 2001, some two years after being appointed to the PlanningBoard.. I believe I have been scrupulous in avoiding any conflict of interest. My experience as a Realtorhas actually been beneficial to my service on the board.

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Peter Prichard Page 3 of 3

Peter Prichard.

Former professional engineer, former project manager, director of product management and business development in the fields of aerospace, broadcasting technology and data communications. Former board member of the Interactive Services Association, a national association representing Internet online industries. Realtor since 2001. Volunteer with local service club.

Submit Date: Jun 09, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

20

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Planning and Zoning Board: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Planning and Zoning Board

Which Board or Committee is your SECOND choice to serve on? *

Planning and Zoning Board

Lee Langston

leewlangston@gmail.com

125 Factors Walk Lane

Morrisville NC 27560

Home: (919) 606-2187 Home:

Lee Langston Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I am a current member of the Planning and Zoning Board indicating my desire to serve another term.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

The primary responsibility of the PZB is to help guide development within the town by giving citizens avoice in the process and allow the council to make a more informed decision by vetting early rounds ofdevelopment proposals and comprehensive plan components prior to consideration of the council. Itrequires balancing the rights and desires of property owners and nearby residents and requires the inputfrom all those stakeholders and their representatives as well as the town staff while think omg about thelong term implications in light of the dwindling vacant land in the town.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

I have served in various positions in HOA boards as well as several town committees, Including the BlueRibbon Committee on Transportation Funding, the Board or Adjustment and currently, the Planning andZoning Board.

Have you served on other Town boards/committees? If no, please indicate N/A.

BOA and PZB

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

Yes. I’ve attended various council meetings as well as serving on the various boards. I’ve spoken at acouncil meeting as well so I know what it’s like to be on the other side of the dais.

Have you completed Morrisville 101?

Yes No

Referrals

Langston__Lee.pdf

Lee Langston Page 2 of 3

How did you hear about this advisory board/committee?

Other

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

None that i am aware but always consider that when reading agendas

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Lee Langston Page 3 of 3

Submit Date: Jan 10, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

1

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Planning and Zoning Board: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Planning and Zoning Board

Which Board or Committee is your SECOND choice to serve on? *

I am not interested in a second Board or Committee.

Sheila Barnes

sheilamarie0106@gmail.com

1334 CHINA DR

MORRISVILLE NC 27560

Mobile: (919) 671-0215 Business: (919) 622-6220

Sheila Barnes Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I have lived in Morrisville since July 2018 and would like to get involved with the community in which I livein. I volunteer with First Robotics as a core value judge and have served on the Habitat for Humanityboard in Greenville, NC for two years and enjoyed it. I am a graduate of Meredith College in Raleigh, NCand love Wake county. I think my knowledge in Human Resources would bring a different perspective tothe planning board.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

I was born and raised in Eastern North Carolina, however, now work and live in Wake county. I would liketo seek effective and efficient ways to bring housing affordability to the middle class citizens. We alwaysseek ways to help everyone and tend to forget the true middle class / single parents (By way of divorce). Ithink I represent the average middle class / single parent citizen that always goes under represented.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

I was on the board as VP of Habitat of Humanity in Greenville, NC and served on the selection committeeand the volunteer committee. I am currently a core value judge for First Robotics. I am also a member ofSHRM and AAPPR, which are HR and Physician Recruitment organizations. I wrote the planning boardmeeting minutes for a couple of months in Greenville, NC in 2017(temp / part time job).

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

I attended school board meeting and some planning board meeting in Greenville, NC, but not inMorrisville

Have you completed Morrisville 101?

Yes No

SBarnes_Resume_10.19.docx.rtf

Sheila Barnes Page 2 of 3

Referrals

How did you hear about this advisory board/committee?

Town Website Referred by Current Member Morrisville Connection (Town Newsletter sent via U.S. Mail)

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Sheila Barnes Page 3 of 3

Sheila B. Barnes(919) 671-0215 sheilamarie0106@gmail.com

P R O F I L E A competent professional with twenty years of rich experience in Human Resource Management

Q U A L I F I C AT I O N S & AT T R I B U T E S Leadership Skills

• Experienced in multiple HR disciplines• Leading teams in change management• Special event planning & management• Ability to prioritize and a strategic thinker

People Skills• Proven motivator, engage staff members • Fair in resolving conflicts, creative problem-solver and maintaining ethical conduct• Reasonable accommodations individuals w/ disabilities to perform the essential functions

Communication Skills• Excels in small or large group presentations• Effective written & oral skills• Confident Public Speaker and Networker• Good listening and counseling skills

Management Skills• Effective decision maker and uses fiscal responsibility including budget prep• Knowledge of EEO, FMLA, ACA and more• Use positive approach to lead the team

to peak performanceP R O F E S S I O N A L E X P E R I E N C E

UNC Health Care, North CarolinaHealth Care System Physician Recruiter: 12/2018 – Present

Recruits, source and prescreen Physician candidate Attends recruitment events and education events

Health Care System Nurse Recruiter: 9/2017- 12/2018 Establish the new department: Recruited, source and prescreen candidates for outpt nursing Completed requisitions and extended offers Research ways to reach a larger quantity/quality of candidates for all nursing departments Attends recruitment events such as job fairs and open houses

Roanoke Chowan Community Health Care Center, North CarolinaHuman Resources Consultant: 01/2017- 09/2017 (Contractor)

Recruited, sourced, prescreened and hired all level positions from nurses, physicians, advanced practitioners, administrative and more. Full cycle recruitment...Represents RCCHC for the purpose of recruitment and talent acquisition locally, statewide and nationally Developed comprehensive strategic recruitment and retention plans to meet the strategic goals of RCCHC Completed needs analysis, SWOT analysis, exit interviews and employee skills assessment Created the pay band for position salary management for the entire organization and etc.

Executive Personnel Group., North Carolina Temp and Perm Assignments: Human Resources and Accounting: 11/2015-09/2017 (Temp)

Eastern Radiologists: Director Human Resources (interim) / Executive Assistant (temp) 12/15 -6/16 Recruited, hired, on-boarding (e-verify) and conducted orientations for all new hires (full cycle recruitment) Coordinated or conducted exit interviews to determine reasons behind separation Handled all employee relations issues and created corrective action methods Worked with CPA firm handling accounting duties, city/town audits and more Receipts, processed invoices and other accounting duties

Lighthouse Care Center of Augusta, Georgia

1

Director Human Resources: 6/2015-10/2015 Responsible for all aspects of Human Resources Coordinated or conducted exit interviews to determine reasons behind separation Managed recruiting/staffing, talent management, orientations, benefit administration and compensation including e-verify, EEO-1, OSHA forms 300, 300A and 301 and more Managed Area team by providing ethical leadership, coaching, training and development of employees

Sheila B. BarnesP R O F E S S I O N A L E X P E R I E N C E ( C o n t . )

Prepared the HR department for Joint Commission survey by maintaining compliance with state, federal legislation and record keeping (job competencies)

Georgia Regents Medical Center/ GRU, GeorgiaNurse Recruiter: 8/2014-5/2015

Collaborated with HR and Nursing leadership levels to formulate a strategic plan for the recruitment and retention of nurses for the medical center and university Monitored and measured the effectiveness of recruiting plans and other initiatives to ensure required staffing needs Coordinated, recruited and organized the Nurse Extend Program Organized & Actively participated in recruiting events, promotional campaigns, job fairs/conferences and other marketing and media events to promote and “sell” and/or attract the best qualified and talented staff

Duke Raleigh Hospital, Raleigh, North CarolinaManager Volunteer Services / Guest Services: 08/2011-08/2014

Managed and was responsible for all aspects of the volunteer department and information desks Managed, recruited and hired the information desk staff Prepared annual department budget and was able to decrease the budget by over 30% Conducted all annual training and computer training classes Responsible for the performance management and employee relations matters Works directly with department managers to assist them in carrying out their responsibilities on volunteer matters and continuous program improvement Coordinated the Honors Physician Shadowing Program and the internship program

Pitt County Memorial Hospital (Vidant Medical Center), North CarolinaAssistant Director Volunteer Services; Student/Youth: 06/2005-8/2011

Responsible for imparting knowledge and skills to high school students and college students that enables them to learn and achieve to the maximum of their abilities Communicated effectively with students, parents, and other stakeholders via verbal and written communication Coordinated on-campus recruiting events with local high schools, middle schools, colleges and universities Promoted a positive environment that enhanced student learning; helped maintained a positive andcooperative climate of diversity and inclusion; avoided behaviors which detracted from student morale and progress Developed and coordinated a leadership program for the high school students Performed other duties such as training and development of staff and volunteers

Nurse Recruiter: 3/2000-6/2005 Coordinated recruitment activities for nursing and nursing leadership positions; as required throughout the medical center and traveled throughout the USA and Canada

2

Screened, interviewed and hired applicants in accordance with regulatory standards and established hiring practices and procedures Ensured all nursing practice was based on the legal scope of practice, national and specialty nursing standards, Policies and Procedures, and in accordance with all applicable laws and regulations.

Monarch Services, North CarolinaOperations Manager 4/1999-3/2000

Responsible for general oversight of the entire Greenville agency, HRM Supervised a staff of 2 managers, nurse recruiter, and secretary and 100s of temps Liaison for all business clients and completed monthly status reports Managed the office budget and ensured accurate payroll and invoicing of clients Completed weekly and monthly sales reports and attendance ratios, which included sale calls results

Sheila B. Barnes P R O F E S S I O N A L E X P E R I E N C E ( C o n t . )

Developed new business ideas and recruited additional staff Ensured all legal and ethical guidelines were met - Completed market analysis on the demographics of;

Conducted training classes for all temporary employees and office staff - professional development and basic leadership skills.

Adecco Services, North CarolinaOffice Supervisor 10/1997-3/1999

Responsible for all aspects of recruiting candidates for the difference clients from banking to health. Trained and oriented all new staff members for the Cary office. Found replacement workers for last minute assignments and worked with marketing to locate new clients.

P R O F E S S I O N A L M E M B E R S H I P S , R E C O G N I T I O N S & V O L U N T E E R W O R K Society for Human Resource Management (SHRM) 2016-Present American Society Healthcare Human Resources Association (ASHHRA) 2016-Present Nominated for American Hospital Association (AHA)- HAVE Award in 2012 and 2013 Habitat for Humanity Board of Directors, VP and Volunteer Chair 2009-2011 Susan G. Komen (Race for the Cure) Volunteer Walker 2002-Present Human Resources Director Training, Universal Health Systems, King of Prussia, Pa; June 2015 Managing at Duke Management Training - Duke Fuqua School of Business; October 2011

A C A D E M I C C R E D E N T I A L S Strayer University in 2010; Master in Public Administration, Magna Cum Laude (Alpha Chi National Honors Society) Meredith College, Raleigh, NC in 1997; BACHELOR OF SCIENCE; Business Administration, Cum LaudeHR Certification: May 2017- Society for Human Resource Management Certified Professional (SHRM-CP)Target Selection Trainer: DDI | Development Dimensions International (Teach interviewing classes to UNC leaders)Computer Program Knowledge: MS Office (Word, Excel, PowerPoint), Outlook, iCIMS, Taleo, API, ADP, Kronos, Lawson, HealthStream, HRSmart, Oracle/PeopleSoft, PeopleClick, Volgistics and more

3

NAME EMAIL PHONE CURRENT APPOINTMENT BOARD APPLYING FOR

James Sawyer jimsawyer035@gmail.com Mobile: (919) 638-1365 PZB AND PRCRAC

Peter Prichard (PZB term expiring- regular seat) prichardp@hpw.com Home: (919) 467-0555 PZB PZB

Lee Langston (PZB term expiring- regular seat) leewlangston@gmail.com Home: (919) 606-2187 PZB PZB

Sheila Barnes sheilamarie0106@gmail.com Mobile: (919) 671-0215 PZB

APPLICANT CONTACT INFORMATION - SUMMER 2020

Name 1st Choice 2nd ChoiceHow long have you been a

resident of Morrisville?

Why do you want to serve on the

board/committee(s) you have specified?

What do you see as the primary responsibilities

of the board/committee(s)? What do you hope to

accomplish as a member of the

board/committee(s)? If none, please indicate

N/A.

Please describe your community

involvement/participation experience. If none, please

indicate N/A

Have you served on other

Town

boards/committees? If

no, please indicate N/A.

Have you attended any

previous

board/committee

meetings? Please share

your experience. If no,

please indicate N/A

Have you completed

Morrisville 101?

Do you have any personal

or business interests that

could create a conflict of

interest (real or

perceived), if you are

selected for appointment

to your preferred

board/committee? (If no,

indicate N/A. If yes,

please explain.)

James Sawyer PZB PRCRAC 10 years

I would like to be more involved with the

community. I have some experience (in 1995-

1996) serving on a zoning board in CT.

I would like to help shape the future of our town. N/A N/A N/A No N/A

Peter Prichard PZB N/A 25 yearsTo continue to serve the community in which I

have lived longer than anywhere else in my life.

To listen to all the facts and opinions revolving around

planning and zoning issues and to make

recommendations to council that are, we hope, the best

for current and future residents of Morrisville.

Member/Alternate member of the Planning Board since

approx. 1999.N/A

I have missed just one PZB

meeting since being appointed

chairperson in 2001.

No N/A

Lee Langston PZB N/A 20 years

I am a current member of the Planning and

Zoning Board indicating my desire to serve

another term.

The primary responsibility of the PZB is to help guide

development within the town by giving citizens a voice in

the process and allow the council to make a more

informed decision by vetting early rounds of

development proposals and comprehensive plan

components prior to consideration of the council. It

requires balancing the rights and desires of property

owners and nearby residents and requires the input

from all those stakeholders and their representatives as

well as the town staff while think omg about the long

term implications in light of the dwindling vacant land in

the town.

I have served in various positions in HOA boards as well as

several town committees, Including the Blue Ribbon

Committee on Transportation Funding, the Board or

Adjustment and currently, the Planning and Zoning Board.

BOA and PZB

Yes. I’ve attended various

council meetings as well as

serving on the various boards.

I’ve spoken at a council

meeting as well so I know

what it’s like to be on the

other side of the dais.

Yes N/A

Sheila Barnes PZB N/A 1 year

I have lived in Morrisville since July 2018 and

would like to get involved with the community

in which I live in. I volunteer with First Robotics

as a core value judge and have served on the

Habitat for Humanity board in Greenville, NC

for two years and enjoyed it. I am a graduate of

Meredith College in Raleigh, NC and love Wake

county. I think my knowledge in Human

Resources would bring a different perspective to

the planning board.

I was born and raised in Eastern North Carolina,

however, now work and live in Wake county. I would like

to seek effective and efficient ways to bring housing

affordability to the middle class citizens. We always seek

ways to help everyone and tend to forget the true middle

class / single parents (By way of divorce). I think I

represent the average middle class / single parent citizen

that always goes under represented.

I was on the board as VP of Habitat of Humanity in Greenville,

NC and served on the selection committee and the volunteer

committee. I am currently a core value judge for First

Robotics. I am also a member of SHRM and AAPPR, which are

HR and Physician Recruitment organizations. I wrote the

planning board meeting minutes for a couple of months in

Greenville, NC in 2017(temp / part time job).

N/A

I attended school board

meeting and some planning

board meeting in Greenville,

NC, but not in Morrisville

No N/A

Name 1st Choice 2nd ChoiceHow long have you been a

resident of Morrisville?Why do you want to serve on the

board/committee(s) you have specified?

What do you see as the primary responsibilities of the board/committee(s)? What do you hope

to accomplish as a member of the board/committee(s)? If none, please indicate

N/A.

Please describe your community involvement/participation experience. If none,

please indicate N/A

Have you served on other Town

boards/committees? If no, please indicate N/A.

Have you attended any previous

board/committee meetings? Please share your experience. If no,

please indicate N/A

Have you completed Morrisville 101?

Do you have any personal or business interests that could create a conflict of

interest (real or perceived), if you are

selected for appointment to your preferred

board/committee? (If no, indicate N/A. If yes,

please explain.)

James Sawyer PZB PRCRAC 10 yearsI would like to be more involved with the

community. I have some experience (in 1995-1996) serving on a zoning board in CT.

I would like to help shape the future of our town. N/A N/A N/A No N/A

Peter Prichard PZB N/A 25 yearsTo continue to serve the community in which I have lived longer than anywhere else in my life.

To listen to all the facts and opinions revolving around planning and zoning issues and to make

recommendations to council that are, we hope, the best for current and future residents of Morrisville.

Member/Alternate member of the Planning Board since approx. 1999.

N/A

I have missed just one PZB meeting since being

appointed chairperson in 2001.

No N/A

Lee Langston PZB N/A 20 yearsI am a current member of the Planning and Zoning Board indicating my desire to serve

another term.

The primary responsibility of the PZB is to help guide development within the town by giving citizens a voice

in the process and allow the council to make a more informed decision by vetting early rounds of

development proposals and comprehensive plan components prior to consideration of the council. It requires balancing the rights and desires of property owners and nearby residents and requires the input

from all those stakeholders and their representatives as well as the town staff while think omg about the long

term implications in light of the dwindling vacant land in the town.

I have served in various positions in HOA boards as well as several town committees, Including the Blue Ribbon Committee on Transportation Funding, the Board or

Adjustment and currently, the Planning and Zoning Board.

BOA and PZB

Yes. I� ve attended various council meetings as well as

serving on the various boards. I� ve spoken at a council

meeting as well so I know what it� s like to be on the

other side of the dais.

Yes N/A

Sheila Barnes PZB N/A 1 year

I have lived in Morrisville since July 2018 and would like to get involved with the community

in which I live in. I volunteer with First Robotics as a core value judge and have served

on the Habitat for Humanity board in Greenville, NC for two years and enjoyed it. I am

a graduate of Meredith College in Raleigh, NC and love Wake county. I think my knowledge in

Human Resources would bring a different perspective to the planning board.

I was born and raised in Eastern North Carolina, however, now work and live in Wake county. I would

like to seek effective and efficient ways to bring housing affordability to the middle class citizens. We always seek ways to help everyone and tend to forget the true middle

class / single parents (By way of divorce). I think I represent the average middle class / single parent citizen

that always goes under represented.

I was on the board as VP of Habitat of Humanity in Greenville, NC and served on the selection committee and the volunteer

committee. I am currently a core value judge for First Robotics. I am also a member of SHRM and AAPPR, which are

HR and Physician Recruitment organizations. I wrote the planning board meeting minutes for a couple of months in

Greenville, NC in 2017(temp / part time job).

N/A

I attended school board meeting and some planning board meeting in Greenville,

NC, but not in Morrisville

No N/A

BALLOT FOR ADVISORY BOARDS/COMMITTEE APPOINTMENT: SUMMER 2020

Place an "x" next to any applicant's name you wish to be appointed/reappointed.

Planning and Zoning Board (PZB) REGULAR SEATS 2 Seats Available (Regular seats) (three-year terms)

SELECT 2

Applicant Additional Information Current Appointment

Sheila Barnes

PZB Regular (term expiring Aug. 31)

Lee Langston (exp. term)Peter Prichard (exp. term)James Sawyer also applying for PRCRAC

Printed Name: _________________________________________________

Signature: _____________________________________________________

PZB Regular (term expiring Aug. 31)

1

Boards and Committees AT-A-GLANCE CURRENT (07/09/2020)

Board of Adjustment (7 Members)

Vacancies Expiring Terms (August 2020) Eligible Applicants on File

0 5 0

Environment and Stormwater Committee (11 Members)

Vacancies Expiring Terms (August 2020) Eligible Applicants on File

1 1 0

Public Education Advisory Committee (12 Members)

Vacancies Expiring Terms Eligible Applicants on File

2 District 3 District 4

0 2

Sushant Patil (Dist. 3) Tracey Harden (District 4)

Parks, Recreation and Cultural Resources Advisory Committee (11 Members)

Vacancies Expiring Terms (August 2020) Eligible Applicants on File

2 1 6

Lou Urani (exp. term) Kayla McCann

Krishna Pokhrel Vinutha Ravinageswaran

James Sawyer Tracey Harden

2

Performance Measures Advisory Committee (11 Members)

Vacancies Expiring Terms Eligible Applicants on File

2 0 3

Renee McCoy Ryan Johnson Sharan Boru

Planning and Zoning Board (7 Members)

Vacancies Expiring Terms (August 2020) Eligible Applicants on File

0 2 (Regular seats) 4

Peter Prichard (exp. term) Lee Langston (exp. Term)

Sheila Barnes James Sawyer

Public Safety Advisory Committee (11 Members)

Vacancies Expiring Terms Eligible Applicants on File

2 0 4

Renee McCoy Kayla McCann

Vinutha Ravinageswaran Sharan Boru

Senior Advisory Committee (11 Members)

Vacancies Expiring Terms Eligible Applicants on File

2 0 1

Kathryn Peakovic

Submit Date: Jun 02, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

6

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Parks, Recreation and Cultural Resources Advisory Committee: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Parks and Recreation Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

I am not interested in a second Board or Committee.

Lou Urani

lurani@lmgholdings.com

502 Misty Groves Circle

Morrisville NC 27562

Mobile: (724) 366-0372 Business: (919) 659-1947

Lou Urani Page 1 of 4

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I wish to continue serving on the Parks and Recreation Advisory Committee to continue influencing theaddition of Fiscally Conservative and easily achievable quality Recreational experiences for the MorrisvilleCommunity.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

I see my roll as being someone who engages with the rest of the community to get input on what the trueneeds are and bring that feedback to the monthly meetings. I have also taken on the responsibility ofdoing research of new ideas to bring back to the committee as well as have invited groups involved withlocal recreation to give presentations to our committee. For larger Capitol Projects I research and critiquethe proposed plan and spending to give feedback on how cost can be reduced which can sometimesbecome contentious but I feel is necessary just as critique of spending is necessary in the privatebusiness world. Examples of what I have brought to the committee can be found in the meeting minutestaken since I entered my first term on the committee.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

-Morrisville 101 - 2018 Session Graduate -Attended Town of Morrisville Advisory Board and CommitteeTraining in 2019 and 2020. -Attended both in person and virtually multiple Morrisville Town Councilmeetings. -Attended Town of Cary Parks and Rec Advisory Committee meeting for Research Purposes. -Despite the Pandemic, in 2020 alone I have logged hundreds of volunteer hours helping create OutdoorRecreational Opportunities for Morrisville residents and surrounding communities. Besides the time that Iput into Morrisville as a committee member, below is a list of local communities and organizations which Ihave donated my time to since the beginning of this year. -Town of Cary Parks and Recreation -Fayetteville Cumberland Parks and Recreation -NC Parks at Falls Lake State Park Beaver DamRecreation Area -UNC Chapel Hill -Orange County Parks and Recreation -Carolina Preserve - RetirementCommunity

Have you served on other Town boards/committees? If no, please indicate N/A.

Currently on Parks and Rec

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

Yes, I would recommend that the Town Clerk attend both a Morrisville Parks and Rec Committee Meetingand a Cary Parks and Rec committee meeting to see the difference in energy, passion, and engagementof the members and how the rules of order are applied differently between the two committees.

Have you completed Morrisville 101?

Yes No

Lou Urani Page 2 of 4

Please attach any information you would like to haveconsidered with your application.

Referrals

How did you hear about this advisory board/committee?

Referred by Current Member

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

Lou Urani Page 3 of 4

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Lou Urani Page 4 of 4

Submit Date: Jul 10, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

20

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Morrisville Public Education Advisory Committee: Submitted

Which Board or Committee is your FIRST choice to serve on? *

Morrisville Public Education Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

I am not interested in a second Board or Committee.

Angie Smith

iuppurdue@aol.com

124 Scottingham Lane

Morrisville NC 27560

Mobile: Home:

Angie Smith Page 1 of 4

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I am interested in supporting the Town of Morrisville and Council as it relates to educational matters thatmay connect to this committee.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

Advise the Council related to aspects of educational information that may be brought to the Town ofMorrisville and the Educational Advisory Board specifically. I hope to listen to the needs of the communityand serve as a resource, as needed.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

I am a member of the National Charity League, served as a coordinator for the Walk for Hope, and socialchair committee we lived in Breckenridge.

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

NA

Have you completed Morrisville 101?

Yes No

Question applies to Morrisville Public Education Advisory Committee

In which Geographical Electoral District do you reside? (For your convenience, please viewthe map found at https://www.townofmorrisville.org/home/showdocument?id=158 ) *

District 3

Question applies to Morrisville Public Education Advisory Committee

Do you have experience in the following areas or profressions? (Please select all that apply)*

University faculty

Angie Smith Page 2 of 4

Question applies to Morrisville Public Education Advisory Committee

Please explain (in detail) why you are interested in this committee and what value andexperience you would add that would make you a good candidate for the Morrisville PublicEducation Advisory Committee.

I am interested in the committee as a parent and educator. I believe my experience working in corporateAmerica and within academia would be helpful while serving on the committee.

Question applies to Morrisville Public Education Advisory Committee

Do you currently have school aged children?

Yes No

Question applies to Morrisville Public Education Advisory Committee

What grade levels? (select all that apply) *

Elementary (1-5) College/Higher Education

Question applies to Morrisville Public Education Advisory Committee

Please share the school names you are involved in:

NCSU, Weatherstone Elementary School

Question applies to Morrisville Public Education Advisory Committee

Please share the school calendar types you are involved in: *

Traditional

Question applies to Morrisville Public Education Advisory Committee

If you selected "Other" for any of the answers above, please take an opportunity to shareadditional details and explanation here.

N/A

Referrals

How did you hear about this advisory board/committee?

Referred by Current Member

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Angie Smith Page 3 of 4

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Angie Smith Page 4 of 4

Submit Date: Jun 24, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

10

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Planning and Zoning Board: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Planning and Zoning Board

Which Board or Committee is your SECOND choice to serve on? *

Parks and Recreation Advisory Committee

James Sawyer

jimsawyer035@gmail.com

106 Walnut Woods Dr

Morrisville NC 27560

Mobile: (919) 638-1365 Home:

James Sawyer Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I would like to be more involved with the community. I have some experience (in 1995-1996) serving on azoning board in CT.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

I would like to help shape the future of our town.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

N/A

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

N/A

Have you completed Morrisville 101?

Yes No

Referrals

How did you hear about this advisory board/committee?

Facebook

Conflict Declarations

James Sawyer Page 2 of 3

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

James Sawyer Page 3 of 3

Submit Date: Feb 03, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

4

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Parks, Recreation and Cultural Resources Advisory Committee: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Parks and Recreation Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

Public Safety Advisory Committee

Vinutha Ravinageswaran

vinjei29@gmail.com

1603 Grace Point Road

Morrisville NC 27560

Home: Home:

Vinutha Ravinageswaran Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I want to give something back to my community. It will also give an opportunity to help the children in theneighborhood.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

I hope to help make our town more better for all its residents. Especially to the children.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

N/A

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

n/A

Have you completed Morrisville 101?

Yes No

Referrals

How did you hear about this advisory board/committee?

Town Website

Conflict Declarations

Vinutha Ravinageswaran Page 2 of 3

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Vinutha Ravinageswaran Page 3 of 3

Submit Date: May 08, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

3

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Parks, Recreation and Cultural Resources Advisory Committee: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Parks and Recreation Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

Morrisville Public Education Advisory Committee

Krishna Pokhrel

pokhrel2004@gmail.com

2940 Historic Circle

Morrisville NC 27560

Mobile: (917) 574-0809 Home: (919) 294-8275

Krishna Pokhrel Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

As I am active Social Woker is my Passion and get invelve society acitvities and make betterment for ourCommunity.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

with my 20 years of Social work experience is my responsibilities to get involve acitvely communityservice and make a Model Town of in the USA. I definitely share some extra ideas and best plan.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

Yes, i am actively involving many of Non -for Profit organizations since 2004 like Helping Immigratinspeople, providing Financial Informations, conducting Health Camp, Blood Donation event, Support Townwhere we resides.

Have you served on other Town boards/committees? If no, please indicate N/A.

NA

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

NA

Have you completed Morrisville 101?

Yes No

Referrals

How did you hear about this advisory board/committee?

Town Website Next Week In Morrisville (Town e-Newsletter) Other

Krishna Pokhrel Page 2 of 3

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

NA

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Krishna Pokhrel Page 3 of 3

Submit Date: Apr 28, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

16 years

Are you 18 years or older?

Yes No

Question applies to Senior Advisory Committee

Applicants for Senior Advisory Committee must be 55 years of age or older. Do you meetthis requirement?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Senior Advisory Committee: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Senior Advisory Committee

Kathryn Peakovic

kpeakovic11@gmail.com

900 sutter gate lane

morrisville NC 27560

Home: (919) 467-8568 Home: (919) 302-0786

Kathryn Peakovic Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

Question applies to Senior Advisory Committee

Applicants for Senior Advisory Committee must be 55 years of age or older. Do you meetthis requirement? *

Yes

Which Board or Committee is your SECOND choice to serve on? *

I am not interested in a second Board or Committee.

Question applies to Senior Advisory Committee

Applicants for Senior Advisory Committee must be 55 years of age or older. Do you meetthis requirement? *

Yes

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

Have been to the Cary senior center and would like us to have something similar

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

Attend meetings an meet the interests of Seniors in Morrisville

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

Member of Board of our HOA for 15 years. Worked every election or 16 years and also Did Morrisville101.

Have you served on other Town boards/committees? If no, please indicate N/A.

yes

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

n/a

Have you completed Morrisville 101?

Yes No

Kathryn Peakovic Page 2 of 3

Referrals

How did you hear about this advisory board/committee?

Referred by Current Member Referred by Staff

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

n/a

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Kathryn Peakovic Page 3 of 3

Submit Date: Jul 18, 2019

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

1

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Morrisville Public Education Advisory Committee: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Morrisville Public Education Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

I am not interested in a second Board or Committee.

Sushant Patil

thesushantpatil@gmail.com

1023 Westhills Ct

Morrisville NC 27560

Home: (704) 458-8941 Home:

Sushant Patil Page 1 of 4

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I am a strong advocate of quality and state-of-the-art public education system, which I think is thefounding block for community development as a whole. This committee will enable me to dedicate mytime and efforts towards that cause.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

1. Explore benchmarking - define expectations of quality education. 2. Explore school model options (e.g.urban, specialized, structural, redevelopment) 3. Advise and make recommendations to address schoolneeds.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

1. Board of Director, Hemophilia of North Carolina (HNC) Mar 2019 - Present 2. MentorNet, Great Mindsin STEM (GMiS) Virtual Mentor for STEM and Health Careers Feb 2017 – Feb 2018 • Provide one-on-onementoring service and guide discussions that support the success and persistence of STEM students.

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

N/A

Have you completed Morrisville 101?

Yes No

Question applies to Morrisville Public Education Advisory Committee

In which Geographical Electoral District do you reside? (For your convenience, please viewthe map found at https://www.townofmorrisville.org/home/showdocument?id=158 ) *

District 3

Sushant_Patil-Resume_UNC.pdf

Sushant Patil Page 2 of 4

Question applies to Morrisville Public Education Advisory Committee

Do you have experience in the following areas or profressions? (Please select all that apply)*

Education Association(s) University faculty

Question applies to Morrisville Public Education Advisory Committee

Please explain (in detail) why you are interested in this committee and what value andexperience you would add that would make you a good candidate for the Morrisville PublicEducation Advisory Committee.

I am a strong advocate of quality and state-of-the-art public education system, which I think is thefounding block for community development as a whole. This committee will enable me to dedicate mytime and efforts towards that cause. With my strong academic experience and natural desire to move intochallenges, I am a good candidate for this position.

Question applies to Morrisville Public Education Advisory Committee

Do you currently have school aged children?

Yes No

Question applies to Morrisville Public Education Advisory Committee

What grade levels? (select all that apply) *

Other

Question applies to Morrisville Public Education Advisory Committee

Please share the school names you are involved in:

N/A

Question applies to Morrisville Public Education Advisory Committee

Please share the school calendar types you are involved in: *

Other

Question applies to Morrisville Public Education Advisory Committee

If you selected "Other" for any of the answers above, please take an opportunity to shareadditional details and explanation here.

N/A

Referrals

How did you hear about this advisory board/committee?

Facebook

Conflict Declarations

Sushant Patil Page 3 of 4

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Sushant Patil Page 4 of 4

SUSHANT PATIL 1023 Westhills Ct ▪ Morrisville, NC 27560 ▪ (704) 458-8941 ▪ sushantp@email.unc.edu

An accomplished and innovative individual with over eight years of professional experience. Offers a brilliant, interdisciplinary academic record, international experience and a flair for

quickly mastering new skills and move into challenges.

EDUCATION & CERTIFICATIONS University of North Carolina (UNC) Charlotte, NC Ph.D. in Nanoscale Science (Biotechnology-Bioinformatics Track). GPA: 3.97/4.00 May. 2016 Master of Science in Bioinformatics. GPA: 4.00/4.00 Dec. 2014 • Honors: UNCC Nanoscience Doctoral Fellowship (5 per year, $40K/year for 4+ years) to

attract high-caliber candidates. • Scores: GRE Quantitative - 800/800. GRE Verbal - 680/800. TOEFL - 107/120. • Relevant Coursework: Bioinformatics Programming. Genomics. Biological Modelling.

Computational and Structural Biology. Cell and Molecular Biology. Computational Proteomics and Metabolomics. Statistics for Bioinformatics. Business of Biotechnology

John Hopkins University Baltimore, MD Data Science Specialization Dec. 2019 • Coursework: Getting and Cleaning Data. Exploratory Data Analysis. Statistical Inference. Regression Models. Practical Machine Learning. Developing Data Products. SAS Certified Clinical Trials Programmer Using SAS 9 Jul.2016 University of Mumbai Mumbai, India Bachelor of Pharmaceutical Sciences. GPA: 3.96/4.00 Jul 2010 • Relevant Coursework: Statistics. Pharmaceutical Management. Hospital Pharmacy and

Drug Store Management. Pharmaceutical Analysis. Pharmacology. Pharmaceutics.

PROFESSIONAL EXPERIENCE University of North Carolina Chapel Hill, NC Bioinformatics Scientist Jan. 2019 – Present • Responsible for data analysis, including statistical analysis, machine learning, and the

development and execution of software to support Lineberger Comprehensive Cancer Center sponsored research.

• Develop and evaluate sequence processing workflows in Bash/ Python/Perl/R and execute these workflows on HPC cluster.

• Support DNA and RNA sequencing research by performing secondary/tertiary analyses of data and reporting findings to principal investigators. Develop computational methods to characterize sequencing results (e.g. MSI) to be used as study variables.

University of Chicago Hospital Chicago, IL Staff Bioinformatician Nov. 2016 – Dec. 2018 • The core competency of Division of Genomic and Molecular Pathology Lab is molecular

testing of cancer patients. As a bioinformatician, responsible for genomic variant annotation and bioinformatics analysis for clinical testing.

SUSHANT PATIL 1023 Westhills Ct ▪ Morrisville, NC 27560 ▪ (704) 458-8941 ▪ sushantp@email.unc.edu

• Designed and implemented application-oriented bioinformatics pipelines to process next generation sequencing data in a CLIA laboratory environment.

• Developed novel tools and software as needed to ensure proper pipeline performance; Performed post-processing statistical analysis of results and biological interpretation of data.

• Provided timely support to investigators for clinical and translational genomics projects. Assisted in preparing manuscripts or grants.

University of North Carolina (UNC) Charlotte, NC Graduate Researcher Aug. 2010 – Sep. 2016 • Dissertation Title: “Characterizing next-generation sequencing (NGS) platforms for

multiplexed biosensing and aptamer discovery: G-quadruplex aptamers as a case study” (Advisor: Dr. Jennifer Weller)

• Designed a systematically varied G-quadruplex library. Performed exploratory data analysis on sequencing output of Illumina and Ion Torrent Sequencers to compare accuracy in sequencing structurally complex templates.

• Invented an innovative, ultra-sensitive NGS-based multiplexed biosensing method. • Developed an extensive R program to create a virtual Ion Torrent chip image from

sequencing data for mapping expected aptamer locations on the chip to the actual fluorescent protein- aptamers binding locations on chip.

Teaching Fellow Aug. 2010 – May. 2016 • Taught General Chemistry Laboratory for 12+ semesters with 650+ total students. Instructed

two batches of 32 students each on a weekly basis to help students develop intuition and apply classroom-based concepts in the laboratory.

• Revised curriculum, course content, materials, and instruction methods. Restructured assignments to be more objective.

• Nominated for University’s 2012-2013 Graduate Teaching Assistant of the Year award.

VOLUNTEERING & LEADERSHIP EXPERIENCE

Association of Nanoscience Graduate Students (ANGS), UNC Charlotte, NC Vice President Aug. 2011 – May 2012 • For 15-member multidisciplinary organization providing support and collaboration for grad

students, proposed and organized events to provide students with further insight on career options, university activities, and resources.

• Mobilized student participation in community events and services such as graduate research fair and campus clean-up drive.

Mumbai Educational Trust (MET), University of Mumbai Mumbai, India Chief Planner and Organizer 2008 – 2009 • Facilitated college event for two consecutive years with 100+ students and faculty; managed

budget of $1000+.

CORE COMPETENCIES

• Programming: Bash. Python. Perl. • Data Manipulation and Statistical Analysis: R. SAS. SQL. • OS: Unix (High performance computing cluster). AWS. Mac. Windows.

SUSHANT PATIL 1023 Westhills Ct ▪ Morrisville, NC 27560 ▪ (704) 458-8941 ▪ sushantp@email.unc.edu

SELECTED PUBLICATIONS

• Drazer, M. W., Kadri, S., Sukhanova, M., Patil, S. A., West, A. H., Feurstein, S., ... & Ceballos-López, A. A. (2018). Prognostic tumor sequencing panels frequently identify germ line variants associated with hereditary hematopoietic malignancies. Blood advances, 2(2), 146-150.

• Parilla, M., Kadri, S., Patil, S. A., Ritterhouse, L., Segal, J., Henriksen, K. J., & Antic, T. (2018). Are sporadic eosinophilic solid and cystic renal cell carcinomas characterized by somatic tuberous sclerosis gene mutations?. The American journal of surgical pathology, 42(7), 911-917.

• Kang, W., Kadri, S., Puranik, R., Wurst, M. N., Patil, S. A., Mujacic, I., ... & Long, B. C. (2018). System for Informatics in the Molecular Pathology Laboratory: An Open-Source End-to-End Solution for Next-Generation Sequencing Clinical Data Management. The Journal of Molecular Diagnostics, 20(4), 522-532.

• Patil, S. A., Mujacic, I., Ritterhouse, L. L., Segal, J. P., & Kadri, S. (2019). insiM: in silico

Mutator Software for Bioinformatics Pipeline Validation of Clinical Next-Generation Sequencing Assays. The Journal of Molecular Diagnostics, 21(1), 19-26.

• Parilla, M., Kadri, S., Patil, S. A., Fitzpatrick, C., Ritterhouse, L., Segal, J., ... & Pytel, P.

(2019). Integrating a Large Next-Generation Sequencing Panel into the Clinical Diagnosis of Gliomas Provides a Comprehensive Platform for Classification from FFPE Tissue or Smear Preparations. Journal of Neuropathology & Experimental Neurology, 78(3), 257-267.

• Parilla, M., Alikhan, M., Al-Kawaaz, M., Patil, S., Kadri, S., Ritterhouse, L. L., ... & Antic,

T. (2019). Genetic Underpinnings of Renal Cell Carcinoma With Leiomyomatous Stroma. The American journal of surgical pathology.

• Alpert, L., Yassan, L., Poon, R., Kadri, S., Niu, N., Patil, S. A., ... & Zhen, C. J. (2019).

Targeted mutational analysis of inflammatory bowel disease-associated colorectal cancers. Human Pathology.

• Chapel, D., Patil, S. A., Plagov, A., Puranik, R., Mendybaeva, A., Steinhardt, G., ... &

Ritterhouse, L. (2019). Quantitative Next-Generation Sequencing-Based Analysis Indicates Progressive Accumulation of Microsatellite Instability between Atypical Hyperplasia / Endometrial Intraepithelial Neoplasia and Paired Endometrioid Endometrial Carcinoma. Modern Pathology.

Submit Date: Jul 12, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

18 months

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Public Safety Advisory Committee: Submitted

Which Board or Committee is your FIRST choice to serve on? *

Public Safety Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

Performance Measures Advisory Committee

Renee McCoy

reneemccoy71@gmail.com

3001 Village Market Place Apt 433

Morrisville NC 27560

Home: (919) 457-7788 Business: (919) 819-7432

Renee McCoy Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I believe talks, actions and solutions need to start at the top and the bottom, simultaneously, with hopesto meet in the middle. I bring a wealth of knowledge as a Department of Health and Human Servicesemployee for over 20 years.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

To support and enhance the town's goals, major projects and infrastructure improvements ranging fromcommunity and economic growth, social awareness and strategic planning.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

Community involvement with The Wrenn House in Raleigh, The Ronald McDonald House in Durham andvarious other non-profitable charitable organizations.

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

Yes - I have attended meetings in various city's in North Carolina.

Have you completed Morrisville 101?

Yes No

Referrals

How did you hear about this advisory board/committee?

Town Website LinkedIn

Resume.doc

Renee McCoy Page 2 of 3

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Renee McCoy Page 3 of 3

Renée McCoy2550 Bristol Creek Drive, Morrisville, NC 27560

Cell: (919) 457-7788 E-mail: reneemccoy71@gmail.com

B U S I N E S S P R O F E S S I O N A L

Senior Business Healthcare Management Leader and Liaison with over twenty-two years’ experience in the government sector. Proven working experience in project management in the healthcare, and business information technology sector. Dynamic client-facing and internal communication skills, excellent written and verbal communication skills, exceptional organizational skills including attention to detail and multi-tasking skills. Strong ability to communicate effectively at any level and possess a high level of professionalism.

Areas of Expertise in Business, Project and Vendor Management:

Quality Control/Assurance Successful Project Outcomes

Decision Making and Sound Judgment

Vendor Management Leading and Developing

Change Management Business & IT Liaison Contract Delivery/Monitoring Cross-functional Team Skills Partner Collaboration

Executive Communications SLA Management

Assertive, Adaptable and Creative

Project Management Healthcare Management Business Requirements Dev.

P R O F E S S I O N A L E X P E R I E N C E

NC Department of Health and Human Services – DIVISION OF HEALTH BENEFITS, Raleigh, NC Liaison and Project Management Office Leader, Business Information 8/2018 – present

Manage, plan and direct activities for the Medicaid Business Information, Project Management Office (PMO) whose mission is to bridge the gap between the business and technology teams. Support teams with organization goals, requirements, contractual deadlines and vision by providing leadership and effective management. Partner with business leaders to understand and drive healthcare technology and business information through internal and external service providers to achieve the required technology and information capabilities. Provide support resolution for escalated issues, evaluate business practices, provide coaching, mentoring, and leadership and liaise between State agencies. Monitor and report project statuses to stakeholders, clients, and vendors.

NC Department of Health and Human Services – DIVISION OF MEDICAL ASSISTANCE, Raleigh, NC Manager, Project Management Office, Business Information 7/2014 – 7/2018

Ensure programs and projects meet organization goals, requirements, contractual deadlines and vision by providing leadership and effective management. Partner with business leaders, teams and service providers to understand and drive healthcare technology/ information requirements through internal and external service providers to achieve the required technology and information capabilities. Actively participate in SDLC to define healthcare initiatives; prioritize, write and track system changes, clarify requirements, approve designs, lead acceptance testing, and support the training and adoption as required. Track and manage Data Use Agreements and serve as a contract monitor. Implement and provide guidance related to PMO processes and policies; collaborate to define and develop projects, programs and RFPs, and APDs. Partner with business units to ensure a thorough understanding of project goals, including the contractual and financial impact.

NC Department of Health and Human Services – DIVISION OF MEDICAL ASSISTANCE, Raleigh, NC Project Manager, Information Technology Unit 9/2012 – 6/2014

Tracked strategic initiatives involving all levels of internal management and staff. Researched, prioritized, and tracked actions on issues and concerns, including those of a sensitive or confidential nature. Planned and directed administrative and operational activities for the IT Director. Served as the primary point of contact for the PMO and Business units by facilitating project coordination and identifying opportunities for aligning

C o n t i n u e d

R E N E E M C C O Y ( 9 1 9 ) 4 5 7 - 7 7 8 8

business processes with IT and business goals. Reported on deviations in project schedules to stakeholders and monitored vendor performance.NC Department of Health and Human Services – DIVISION OF MEDICAL ASSISTANCE, Raleigh, NC Acting Division Program Executive, Information Technology Unit 4/2013 – 6/2013

Provided tactical management and oversight of the MMIS Project activities within the Division of Medical Assistance; and responsible for the oversight of the day-to-day project coordination of strategic planning and developing, and liaison and executive support, across all program and operational areas for the Executive team. Functioned as an executive-level liaison between the Division of Medical Assistance (DMA) and the Office of Medicaid Management Information Systems Services (OMMISS).

NC Department of Health and Human Services – DIVISION OF MEDICAL ASSISTANCE, Raleigh, NC Business Analyst, Information Technology Unit 1/2009 – 8/2012

Served as the project liaison for Division of Medical Assistance/Program Integrity Unit and Department of Justice/Medicaid Investigation Division. Tasked with complex business problems, analyzed and evaluated current business methods and procedures for improvements. Supported data investigation methods to detect and investigate healthcare fraud/monitoring/prevention, and to identify areas of overpayment for Medicaid Fraud, Waste, and Abuse. Reviewed business initiatives to assess project impact(s) within business areas, evaluated vendor recommendations for improvements when weakness or ineffective methods or areas are identified, reviewed work scope deliverables and contracts, and managed resources to meet project objectives.

NC Department of Health and Human Services – DIVISION OF MEDICAL ASSISTANCE, Raleigh, NC Quality Assurance Supervisor, Program Integrity 4/2006 – 12/2008

Managed Quality Control Field Analysts that conducted CMS federally mandated state-designed targeted reviews of recipient eligibility, specifically reviewing the accuracy of Medicaid eligibility determinations. Assisted the local department of social services and the Medicaid program representatives to identify and develop training needs to prevent future quality/compliance errors. Monitored and reviewed findings of quality control reviews to determine error trends, identified error prone cases, and recommend corrective action as appropriate.Participated in the development, planning and implementation of federally mandated MEQC sampling plans, andcorrective action projects NC Department of Health and Human Services – DIVISION OF MEDICAL ASSISTANCE, Raleigh, NC Business Analyst, NC FAST Project 5/2005 – 4/2006

Provided subject-matter expertise from the Medicaid program to establish systems analysis, programming, and computer operation specifications for the North Carolina FAST (NC Fast) Initiative. Wrote Business and Technical Requirements, analyzed complex data, and developed business flow diagrams using Visio, Enterprise Architect (UML 2.0) to develop use cases. Facilitated communication with external agents to clarify statutory, policy, procedural, and technical issues related to the designated program area.

NC Department of Health and Human Services – DIVISION OF MEDICAL ASSISTANCE, Raleigh, NC Policy Analyst, Eligibility 3/2004 – 5/2005

Researched, wrote and interpreted Medicaid eligibility policy for the Medicaid programs under Title XIX and NC Health Choice for Children under Title XXI. Prepared amendments to the Title XIX Medicaid State Plan and rules for the North Carolina Administrative Procedures Act and researched a variety of federal and state laws, regulations, and policies.

Wake County Human Services – Medicaid, Raleigh, NC Supervisor 1/2000 – 3/2004

Lead a team of case managers with an average caseload of 800 cases. Ensured thorough knowledge of county/state/federal policy and procedures to external and internal customers. Monitored accuracy of processingtimeframes for quality and compliance, and served as a liaison between senior management and clients/colleagues to facilitate work objectives. Additionally, served as a Wake County Human Services Local Hearing Officer.

P a g e 2

R E N E E M C C O Y ( 9 1 9 ) 4 5 7 - 7 7 8 8

Johnston County Social Services – Medicaid, Raleigh, NC Senior Case Manager 1992, 1996 – 1999

Managed a Medicaid, Work First and Food Assistance caseload. Interviewed public assistance applicants, monitored accuracy of Medicaid processing timeframes, conducted extensive phone communications with the medical community and clients, drafted letters of information for approval and denial, submitted Medicaid SSA/SSI disability claims to DDS and served as a trainer and facilitator.

Delta Air Lines, New York, NY Flight Attendant 1993 – 1995

Provided exemplary customer service to all aspects of the cabin, actively ensured the safety and comfort of customers, and ensured compliance with Federal Aviation Administration regulations.

Narron, O’Hale and Whittington, P.A., Smithfield, NC Paralegal 1990 – 1992

Conducted client interviews, performed legal research, and assisted with pleadings and court filings.

T E C H N I C A L Q U A L I F I C A T I O N S

Operating Systems: Windows Office Productivity: MS Office Suite

E D U C A T I O N

Paralegal/Business Coursework, Johnston Technical Community College, Smithfield, NC 1990 – 1993

https://www.linkedin.com/profile/public-profile-settings?trk=prof-edit-edit-public_profile

P a g e 3

Submit Date: Jun 08, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

1

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Parks, Recreation and Cultural Resources Advisory Committee: Eligible Public Safety Advisory Committee: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Public Safety Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

Parks and Recreation Advisory Committee

Kayla McCann

kaylacmccann@gmail.com

1123 Chenille Dr

Morrisville NC 27560

Mobile: (407) 690-2475 Home:

Kayla McCann Page 1 of 4

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

1. Public Health and disease prevention are very important to me and I will be able to add valuableinformation and ideas to the PSAC to improve health, safety, welfare, and peace and dignity to the townof Morrisville by innovative and diverse ideas. 2. I am a diverse, African-American, member of thecommunity. Diversity and inclusion within the advisory board are vital! Representation matters within theboard/committee meetings for a variety of reasons, including to have someone voice the issues/difficultiesfacing minority populations in our city and how to improve diversity and inclusion within our town.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

The primary responsibilities of the board/committee are to research the important issues that may beaffecting our community and provide solutions to those issues through policy change/revisions. In additionto bring awareness to the issues in the community and provide strategies for all members to see theissues and be involved in the improvement. Everything listed above is what I hope to accomplish being amember of the board. I want to represent people that look like me (people of color), I want to developstrategies, and plan public awareness events to showcase the issues and what we are doing to improvethe problems.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

Communities in Schools of Durham- Literacy support, tutoring, and developing educational materials forstudents in the Communities in Schools response to intervention program to help youth stay in school,graduate on time, and succeed in life. Some of my core responsibilities included: Implement capacity-building plans based on locally identified needs. Recruit and train diverse volunteers. Enhance the qualityand effectiveness of community or campus-based literacy programs by serving as a tutoring programleader in a community organization. Develop new and enhancing current community partnerships. BookHarvest NC- A part of a volunteering team that worked toward providing books to children who need themand engage families and communities to promote children’s lifelong literacy and academic success. NorthCarolina Oral Health Collaborative Member- Heighten public awareness and advocating at the NorthCarolina Legislative building to discuss statistics/facts regarding the oral health crisis in North Carolina,along with the NCOHC to resolve consumer-level and systemic barriers to good oral health andaccelerate the implementation of policies that reduce oral health disparities.

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

N/A

Have you completed Morrisville 101?

Yes No

Kayla McCann Page 2 of 4

Please attach any information you would like to haveconsidered with your application.

Referrals

How did you hear about this advisory board/committee?

Town Website

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

FinalMcCannRes.pdf

Kayla McCann Page 3 of 4

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Kayla McCann Page 4 of 4

WORK EXPERIENCE

Speech Language Pathologist

Adaptive Rehab Services

November 2019 to Present

• To provide quality speech therapy services and initiate referrals when appropriate, in accordance with established

standards of practice, therapy department procedures and productivity standards.

• To evaluate and obtain data necessary for treatment planning and implantation.

• To develop a treatment plan that includes a target list, short-term and long-term goals.

• Instructs patient, family, and staff in appropriate speech-language procedures to allow carry over of therapeutic

remediation and goals in dally activities.

Literacy Support and Volunteer Coordinator

Literacy Corps - Durham, NC

January 2019 to October 2019

-Create and Implement literacy lessons

-Support and counsel a diverse group of children in an after school program

-Schedule and support volunteers for after school programs

-Collect and analyze student data

-Administer reading assessments and track progress

Behavior Support Specialist

Autism Learning Partners - Cary, NC

June 2018 to September 2019

KAYLA

MCCANN

CF Speech Language Pathologist

Morrisville, NC

kaylacmccann@gmail.com

4076902475

I am a bilingual speech-language pathologist, with fluent language proficiency in English and American Sign Language. My

strengths are in the areas of speech-language assessment, designing effective individualized therapeutic plans,

implementing therapeutic interventions to diverse populations, collaborating with other professionals, monitoring progress,

and providing emotional support to students. I have a background in teaching effective speech and language skills to

children and adults, In addition, I have a caring personality, I am very patient, and have excellent listening, and

interpersonal communication skills. I am effective working as a collaborative team member and independently providing

clinical insight and seeking to provide the best clinical care possible. I am highly motivated, adapt quickly with excellent

assessment and problem solving skills.

-Work with children who have autism

-Provide behavior support and tutoring

-Create and implement lesson plans

-Implement behavior intervention plan

-Teach communication and play skills

-Teaching alternative methods of communication such as Americans Sign Language and high-tech devices

Graduate Speech-Language Clinician

North Carolina Central University - Raleigh, NC

June 2017 to September 2019

-Evaluate and assess patient feeding, language, cognition, speech, & memory.

-Counseling and rehabilitation for child & adult clients

-Collaborate with occupational therapy, physical therapy, & physicians

-Provide feeding, speech, language, & cognitive therapy

-Review medical records and make appropriate referrals & recommendations

-Interpret clinical instrumentation reports (FEES & MBSS)

Optometric Technician

Eyeglass World

May 2013 to December 2016

-Assistant to optometrist

-Perform pre-testing of visual field, tonometry glaucoma screening, retinal photographs, etc.

-Performed medical billing and coding

-Optical & Contact lens sales

-Inventory management

(2475 W. International Speedway Blvd Daytona Beach, FL 32114) 386.253.8000

EDUCATION

BA in Communication Sciences

University of Central Florida - Orlando, FL

Master's in Speech language pathology

North Carolina Central University - Durham, NC

SKILLS

Casamba, Optima, Clinicsource, Fusion, & Point-Click Care

Client-centered care

Case Management

Autism & Behavior management

American Sign Language

•

•

•

•

•

ADDITIONAL INFORMATION

Recent Certifications:

• Trauma-Informed Care: A Change in Perspective (April 2020)

• Coronavirus Disease (COVID-19): Interim Guidance for Healthcare Facilities (April 2020)

• Dysphagia Management in LTC: Essential for the New Dysphagia Therapist (May 2020)

• Mental Health Caring for the Older Adult in LTC (May 2020)

Submit Date: Nov 17, 2019

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

3 months

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Performance Measures Advisory Committee: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Performance Measures Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

I am not interested in a second Board or Committee.

Ryan Johnson

ryanj2120@gmail.com

103 Button Road

Morrisville NC 27703

Home: (919) 592-2457 Home:

Ryan Johnson Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I recently moved to Breckenridge (August 2019), and am interested in starting to participate in my localcommunity. For my reason for applying to the Performance Measures Advisory Committee, I’d like tolearn more about the process of how town performance is assessed, and as I enjoy processimprovements projects in my career working in project management for a clinical research company,participating in those at a local level as I am able.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

Reviewing performance and financial metrics for the town to identify areas of strength and improvement,and working together with staff to identify process improvement projects for the latter as applicable.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

I was the Vice President of the HOA board for my condo unit, 700 Finsbury street at Davis Park inDurham, from 2014 to 2017. I resigned when increasing work commitments, specifically weekly travel,made me unable to participate at my usual level. I no longer travel for work.

Have you served on other Town boards/committees? If no, please indicate N/A.

No

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

I have not. I attended a town council meeting, and Councilman Schlick recommended I look in CAB forfurther local participation

Have you completed Morrisville 101?

Yes No

Referrals

Ryan Johnson Page 2 of 3

How did you hear about this advisory board/committee?

Other

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Ryan Johnson Page 3 of 3

Submit Date: Jul 09, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

11 years

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Morrisville Environment and Stormwater Committee: Submitted

Which Board or Committee is your FIRST choice to serve on? *

Morrisville Environment and Stormwater Committee

Which Board or Committee is your SECOND choice to serve on? *

Morrisville Environment and Stormwater Committee

Mary Jo Holmes

mrsmucha@gmail.com

2124 Kudrow Ln

Morrisville NC 27560

Home: (919) 270-9464 Home:

Mary Jo Holmes Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

To help and develop environmental awareness and programs for the Town of Morrisville. This includeshow Morrisville can deal with future environmental problems.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

To get advice to the Town Council on how Morrisville can sustain and improve natural areas withinMorrisville and to make citizens of Morrisville aware of what they can do to help the environment.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

Member of Park and Rec Advisory Committee 2010 - 2019. Have volunteered at numerous Park & Recevents. Secretary, Preston Creekside HOA, Morrisville, NC 2013-2017

Have you served on other Town boards/committees? If no, please indicate N/A.

Park & Rec Advisory Committee

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

N/A

Have you completed Morrisville 101?

Yes No

Referrals

How did you hear about this advisory board/committee?

Other

Conflict Declarations

Mary Jo Holmes Page 2 of 3

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Mary Jo Holmes Page 3 of 3

Submit Date: Jul 04, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

13

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Morrisville Public Education Advisory Committee: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Morrisville Public Education Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

Parks and Recreation Advisory Committee

Tracey Harden

traceylharden@hotmail.com

209 Councilman Court

Morrisville NC 27560

Mobile: (315) 963-9077 Mobile: (315) 963-9077

Tracey Harden Page 1 of 4

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I have two children enrolled in the Morrisville public school system. I want to advocate for the best interestof all of the children in Morrisville. Many programs and projects could be our in place to further academicand social skills sets for our children.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

The primary responsibility should be to put in place and monitor the best academic and social programsfor the public schools.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

I have been the Morrisville Girls Scouts Troop leader for years, I participate in many Town sponsoredevents, I have two children enrolled in Morrisville public schools, and help support the PD and FDwhenever possible.

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

Yes

Have you completed Morrisville 101?

Yes No

Question applies to Morrisville Public Education Advisory Committee

In which Geographical Electoral District do you reside? (For your convenience, please viewthe map found at https://www.townofmorrisville.org/home/showdocument?id=158 ) *

District 4

Question applies to Morrisville Public Education Advisory Committee

Do you have experience in the following areas or profressions? (Please select all that apply)*

Parent Teacher Association (PTA) University faculty

Tracey Harden Page 2 of 4

Question applies to Morrisville Public Education Advisory Committee

Please explain (in detail) why you are interested in this committee and what value andexperience you would add that would make you a good candidate for the Morrisville PublicEducation Advisory Committee.

I have two children enrolled in the Morrisville public school system. I want to advocate for the best interestof all of the children in Morrisville. Many programs and projects could be our in place to further academicand social skills sets for our children.

Question applies to Morrisville Public Education Advisory Committee

Do you currently have school aged children?

Yes No

Question applies to Morrisville Public Education Advisory Committee

What grade levels? (select all that apply) *

Elementary (1-5)

Question applies to Morrisville Public Education Advisory Committee

Please share the school names you are involved in:

Cedar Fork Elementary School

Question applies to Morrisville Public Education Advisory Committee

Please share the school calendar types you are involved in: *

Traditional

Question applies to Morrisville Public Education Advisory Committee

If you selected "Other" for any of the answers above, please take an opportunity to shareadditional details and explanation here.

N/A

Referrals

How did you hear about this advisory board/committee?

Facebook

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

N/A

Tracey Harden Page 3 of 4

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

No

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Tracey Harden Page 4 of 4

Submit Date: Jan 17, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

8

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Performance Measures Advisory Committee: Eligible Public Safety Advisory Committee: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Public Safety Advisory Committee

Which Board or Committee is your SECOND choice to serve on? *

Performance Measures Advisory Committee

Sharan Boru

sharan.boru@gmail.com

301 Liberty Rose Dr

Morrisville NC 27560

Mobile: (919) 434-7088 Home:

Sharan Boru Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I'd like to use this opportunity to serve my community. I have lived in Morrisville for almost a decade and Iunderstand it's growing needs. I witness the many changes the town is needing to do, but I do see asomewhat lack of attention in regards to public safety. I believe I can help to whatever capacity I have theprivilege of working on, in influencing to build and maintain a better community.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

In regards to the Public Safety Advisory Committee, I am expected to examine ideas and report onmethods and concepts to protect and improve citizens' health, safety, and welfare and the peace anddignity of the Town. I'd like to present the case for improved safety, brainstorm ideas, and present thetown better ways to achieve the goals. The duties of the member of the Performance Measures AdvisoryCommittee makes suggestions and recommendations and to review & publicly discuss thecomprehensive annual financial report to improve financial transparency and accountability of 'TownPerformance Measures' department. I would be working with the staff and the Committee members toachieve a transparent and accountable financial institution.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

I have volunteered in many capacities, including as a lunch lady and room mom at my children's school. Iwas on the board of Triangle Telangana association for one year in 2016-2017.

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

N/A

Have you completed Morrisville 101?

Yes No

Sharan Boru Page 2 of 3

Referrals

How did you hear about this advisory board/committee?

Town Website

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Sharan Boru Page 3 of 3

Submit Date: Jan 10, 2020

First Name Last Name

Email Address

Home Address Suite or Apt

City State Postal Code

Primary Phone Alternate Phone

Town of Morrisville Boards & Committees

Application Form

Profile

*All Advisory Board/Committee appointees must reside within the Town of Morrisville limits or itsExtraterritorial Jurisdiction (ETJ). Residency of each applicant will be verified.

How long have you been a resident of Morrisville?

1

Are you 18 years or older?

Yes No

Interests & Experiences

Which Boards would you like to apply for?

Planning and Zoning Board: Eligible

Which Board or Committee is your FIRST choice to serve on? *

Planning and Zoning Board

Which Board or Committee is your SECOND choice to serve on? *

I am not interested in a second Board or Committee.

Sheila Barnes

sheilamarie0106@gmail.com

1334 CHINA DR

MORRISVILLE NC 27560

Mobile: (919) 671-0215 Business: (919) 622-6220

Sheila Barnes Page 1 of 3

Please attach any information you would like to haveconsidered with your application.

It is recommended that you review the approved Charter of the Advisory Board/Committee(s)that you have selected to gain a greater understanding of the role and scope of work. Pleaseacknowledge that you have read and reviewed the charter, found atwww.townofmorrisville.org/government/citizen-advisory-committees

Yes No

Why do you want to serve on the board/committee(s) you have specified?

I have lived in Morrisville since July 2018 and would like to get involved with the community in which I livein. I volunteer with First Robotics as a core value judge and have served on the Habitat for Humanityboard in Greenville, NC for two years and enjoyed it. I am a graduate of Meredith College in Raleigh, NCand love Wake county. I think my knowledge in Human Resources would bring a different perspective tothe planning board.

What do you see as the primary responsibilities of the board/committee(s)? What do youhope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

I was born and raised in Eastern North Carolina, however, now work and live in Wake county. I would liketo seek effective and efficient ways to bring housing affordability to the middle class citizens. We alwaysseek ways to help everyone and tend to forget the true middle class / single parents (By way of divorce). Ithink I represent the average middle class / single parent citizen that always goes under represented.

Please describe your community involvement/participation experience. If none, pleaseindicate N/A.

I was on the board as VP of Habitat of Humanity in Greenville, NC and served on the selection committeeand the volunteer committee. I am currently a core value judge for First Robotics. I am also a member ofSHRM and AAPPR, which are HR and Physician Recruitment organizations. I wrote the planning boardmeeting minutes for a couple of months in Greenville, NC in 2017(temp / part time job).

Have you served on other Town boards/committees? If no, please indicate N/A.

N/A

Have you attended any previous board/committee meetings? Please share your experience.If no, please indicate N/A.

I attended school board meeting and some planning board meeting in Greenville, NC, but not inMorrisville

Have you completed Morrisville 101?

Yes No

SBarnes_Resume_10.19.docx.rtf

Sheila Barnes Page 2 of 3

Referrals

How did you hear about this advisory board/committee?

Town Website Referred by Current Member Morrisville Connection (Town Newsletter sent via U.S. Mail)

Conflict Declarations

Are you an immediate family member of a current Town of Morrisville AdvisoryBoard/Committee appointee?

Yes No

If yes, please list their name and the Advisory Board/Committee to which they are appointed:

Do you have any personal or business interests that could create a conflict of interest (realor perceived), if you are selected for appointment to your preferred board/committee? (If no,indicate N/A. If yes, please explain.)

N/A

Acknowledgement

I understand this application is a public record, subject to public inspection at any time, andthat appointments are made at the discretion of Town Council.

It is the Town's goal to have a balanced, diverse representation of citizens serving on itsAdvisory Boards/Committees based on race/gender/age and District residency. I understandthat current employees and their spouses, elected officials and their spouses, are ineligiblefor appointment. Immediate family members of current appointees may not serve on thesame board/committee as a current appointee. I have read and agree to adhere to theAppointed Public Bodies Administrative Policy, established as guidance forboards/committees. I understand that regular attendance to any board/committee isimportant and I further understand that if my attendance is less than the standardsestablished for any such body within the Appointed Public Bodies Administrative Policy,that it may be cause for removal. I understand that conduct standards for board/committeeappointees is outlined in the Appointed Public Bodies Administrative Policy and violation ofthose standards may be cause for removal. I acknowledge that I have read theboard/committee charter and understand the purpose and commitment necessary toeffectively participate. I certify that the facts contained in this application are true andcorrect to the best of my knowledge.

I Agree

Sheila Barnes Page 3 of 3

Sheila B. Barnes(919) 671-0215 sheilamarie0106@gmail.com

P R O F I L E A competent professional with twenty years of rich experience in Human Resource Management

Q U A L I F I C AT I O N S & AT T R I B U T E S Leadership Skills

• Experienced in multiple HR disciplines• Leading teams in change management• Special event planning & management• Ability to prioritize and a strategic thinker

People Skills• Proven motivator, engage staff members • Fair in resolving conflicts, creative problem-solver and maintaining ethical conduct• Reasonable accommodations individuals w/ disabilities to perform the essential functions

Communication Skills• Excels in small or large group presentations• Effective written & oral skills• Confident Public Speaker and Networker• Good listening and counseling skills

Management Skills• Effective decision maker and uses fiscal responsibility including budget prep• Knowledge of EEO, FMLA, ACA and more• Use positive approach to lead the team

to peak performanceP R O F E S S I O N A L E X P E R I E N C E

UNC Health Care, North CarolinaHealth Care System Physician Recruiter: 12/2018 – Present

Recruits, source and prescreen Physician candidate Attends recruitment events and education events

Health Care System Nurse Recruiter: 9/2017- 12/2018 Establish the new department: Recruited, source and prescreen candidates for outpt nursing Completed requisitions and extended offers Research ways to reach a larger quantity/quality of candidates for all nursing departments Attends recruitment events such as job fairs and open houses

Roanoke Chowan Community Health Care Center, North CarolinaHuman Resources Consultant: 01/2017- 09/2017 (Contractor)

Recruited, sourced, prescreened and hired all level positions from nurses, physicians, advanced practitioners, administrative and more. Full cycle recruitment...Represents RCCHC for the purpose of recruitment and talent acquisition locally, statewide and nationally Developed comprehensive strategic recruitment and retention plans to meet the strategic goals of RCCHC Completed needs analysis, SWOT analysis, exit interviews and employee skills assessment Created the pay band for position salary management for the entire organization and etc.

Executive Personnel Group., North Carolina Temp and Perm Assignments: Human Resources and Accounting: 11/2015-09/2017 (Temp)

Eastern Radiologists: Director Human Resources (interim) / Executive Assistant (temp) 12/15 -6/16 Recruited, hired, on-boarding (e-verify) and conducted orientations for all new hires (full cycle recruitment) Coordinated or conducted exit interviews to determine reasons behind separation Handled all employee relations issues and created corrective action methods Worked with CPA firm handling accounting duties, city/town audits and more Receipts, processed invoices and other accounting duties

Lighthouse Care Center of Augusta, Georgia

1

Director Human Resources: 6/2015-10/2015 Responsible for all aspects of Human Resources Coordinated or conducted exit interviews to determine reasons behind separation Managed recruiting/staffing, talent management, orientations, benefit administration and compensation including e-verify, EEO-1, OSHA forms 300, 300A and 301 and more Managed Area team by providing ethical leadership, coaching, training and development of employees

Sheila B. BarnesP R O F E S S I O N A L E X P E R I E N C E ( C o n t . )

Prepared the HR department for Joint Commission survey by maintaining compliance with state, federal legislation and record keeping (job competencies)

Georgia Regents Medical Center/ GRU, GeorgiaNurse Recruiter: 8/2014-5/2015

Collaborated with HR and Nursing leadership levels to formulate a strategic plan for the recruitment and retention of nurses for the medical center and university Monitored and measured the effectiveness of recruiting plans and other initiatives to ensure required staffing needs Coordinated, recruited and organized the Nurse Extend Program Organized & Actively participated in recruiting events, promotional campaigns, job fairs/conferences and other marketing and media events to promote and “sell” and/or attract the best qualified and talented staff

Duke Raleigh Hospital, Raleigh, North CarolinaManager Volunteer Services / Guest Services: 08/2011-08/2014

Managed and was responsible for all aspects of the volunteer department and information desks Managed, recruited and hired the information desk staff Prepared annual department budget and was able to decrease the budget by over 30% Conducted all annual training and computer training classes Responsible for the performance management and employee relations matters Works directly with department managers to assist them in carrying out their responsibilities on volunteer matters and continuous program improvement Coordinated the Honors Physician Shadowing Program and the internship program

Pitt County Memorial Hospital (Vidant Medical Center), North CarolinaAssistant Director Volunteer Services; Student/Youth: 06/2005-8/2011

Responsible for imparting knowledge and skills to high school students and college students that enables them to learn and achieve to the maximum of their abilities Communicated effectively with students, parents, and other stakeholders via verbal and written communication Coordinated on-campus recruiting events with local high schools, middle schools, colleges and universities Promoted a positive environment that enhanced student learning; helped maintained a positive andcooperative climate of diversity and inclusion; avoided behaviors which detracted from student morale and progress Developed and coordinated a leadership program for the high school students Performed other duties such as training and development of staff and volunteers

Nurse Recruiter: 3/2000-6/2005 Coordinated recruitment activities for nursing and nursing leadership positions; as required throughout the medical center and traveled throughout the USA and Canada

2

Screened, interviewed and hired applicants in accordance with regulatory standards and established hiring practices and procedures Ensured all nursing practice was based on the legal scope of practice, national and specialty nursing standards, Policies and Procedures, and in accordance with all applicable laws and regulations.

Monarch Services, North CarolinaOperations Manager 4/1999-3/2000

Responsible for general oversight of the entire Greenville agency, HRM Supervised a staff of 2 managers, nurse recruiter, and secretary and 100s of temps Liaison for all business clients and completed monthly status reports Managed the office budget and ensured accurate payroll and invoicing of clients Completed weekly and monthly sales reports and attendance ratios, which included sale calls results

Sheila B. Barnes P R O F E S S I O N A L E X P E R I E N C E ( C o n t . )

Developed new business ideas and recruited additional staff Ensured all legal and ethical guidelines were met - Completed market analysis on the demographics of;

Conducted training classes for all temporary employees and office staff - professional development and basic leadership skills.

Adecco Services, North CarolinaOffice Supervisor 10/1997-3/1999

Responsible for all aspects of recruiting candidates for the difference clients from banking to health. Trained and oriented all new staff members for the Cary office. Found replacement workers for last minute assignments and worked with marketing to locate new clients.

P R O F E S S I O N A L M E M B E R S H I P S , R E C O G N I T I O N S & V O L U N T E E R W O R K Society for Human Resource Management (SHRM) 2016-Present American Society Healthcare Human Resources Association (ASHHRA) 2016-Present Nominated for American Hospital Association (AHA)- HAVE Award in 2012 and 2013 Habitat for Humanity Board of Directors, VP and Volunteer Chair 2009-2011 Susan G. Komen (Race for the Cure) Volunteer Walker 2002-Present Human Resources Director Training, Universal Health Systems, King of Prussia, Pa; June 2015 Managing at Duke Management Training - Duke Fuqua School of Business; October 2011

A C A D E M I C C R E D E N T I A L S Strayer University in 2010; Master in Public Administration, Magna Cum Laude (Alpha Chi National Honors Society) Meredith College, Raleigh, NC in 1997; BACHELOR OF SCIENCE; Business Administration, Cum LaudeHR Certification: May 2017- Society for Human Resource Management Certified Professional (SHRM-CP)Target Selection Trainer: DDI | Development Dimensions International (Teach interviewing classes to UNC leaders)Computer Program Knowledge: MS Office (Word, Excel, PowerPoint), Outlook, iCIMS, Taleo, API, ADP, Kronos, Lawson, HealthStream, HRSmart, Oracle/PeopleSoft, PeopleClick, Volgistics and more

3

NAME EMAIL PHONE CURRENT APPOINTMENT BOARD APPLYING FOR

Sharan Boru sharan.boru@gmail.com Mobile: (919) 434-7088 PMAC, PSAC

Tracey Harden traceylharden@hotmail.com Mobile: (315) 963-9077 MPEAC (Dist. 4), PRCRAC

Mary Jo Holmes mrsmucha@gmail.com Home: (919) 270-9464 MESC

Ryan Johnson ryanj2120@gmail.com Home: (919) 592-2457 PMAC

Kayla McCann kaylacmccann@gmail.com Home: (704) 458-8941 PRCRAC , PSAC

Sushant Patil thesushantpatil@gmail.com Home: (704) 458-8941 MPEAC (Dist. 3)

Kathryn Peakovic kpeakovic11@gmail.com Home: (919) 467-8568 SAC

Krishna Pokhrel pokhrel2004@gmail.com Mobile: (917) 574-0809 PRCRAC , MPEAC

Vinutha Ravinageswaran vinjei29@gmail.com Not Provided PRCRAC , PSAC

James Sawyer jimsawyer035@gmail.com Mobile: (919) 638-1365 PRCRAC

Angie Smith iuppurdue@aol.com Not Provided MPEAC (Dist. 3)

Lou Urani lurani@lmgholdings.com Mobile: (724) 366-0372 PRCRAC (exp. term) PRCRAC

APPLICANT CONTACT INFORMATION - SUMMER 2020

Name 1st Choice 2nd ChoiceHow long have you been a

resident of Morrisville?Why do you want to serve on the board/committee(s) you have

specified?

What do you see as the primary responsibilities of the board/committee(s)? What do you hope to accomplish as a member of the board/committee(s)? If none,

please indicate N/A.

Please describe your community involvement/participation experience. If none, please indicate N/A

Have you served on other Town boards/committees? If no, please indicate

N/A.

Have you attended any previous board/committee meetings? Please share your experience. If no, please

indicate N/A

Have you completed Morrisville 101?

Do you have any personal or business interests that could create a conflict of

interest (real or perceived), if you are selected for appointment to your preferred

board/committee? (If no, indicate N/A. If yes, please explain.)

l Sharan Boru Public Safety Performance Measures 8 years

I'd like to use this opportunity to serve my community. I have lived in Morrisville for almost a decade and I understand it's growing needs. I witness the many changes the town is needing

to do, but I do see a somewhat lack of attention in regards to public safety. I believe I can help to whatever capacity I have the privilege of working on, in influencing to build and

maintain a better community.

I have volunteered in many capacities, including as a lunch lady and room mom at my children's school. I was on the board of Triangle Telangana association for one year in 2016-2017.

N/A N/A no N/A

k Tracey Harden Public Education Parks and Recreation 13 yearsI have two children enrolled in the Morrisville public school system. I want to advocate for the best interest of all of the children in Morrisville. Many programs and projects could be

our in place to further academic and social skills sets for our children.

The primary responsibility should be to put in place and monitor the best academic and social programs for the public schools.

I have been the Morrisville Girls Scouts Troop leader for years, I participate in many Town sponsored events, I have two children enrolled in Morrisville public schools, and help support the PD and FD whenever possible.

N/A Yes no N/A

j Mary Jo Holmes Environment and Stormwater Environment and Stormwater 11 yearsTo help and develop environmental awareness and programs for the Town of Morrisville.

This includes how Morrisville can deal with future environmental problems.To get advice to the Town Council on how Morrisville can sustain and improve natural areas within Morrisville and to make citizens of Morrisville aware of what they can do to help the environment.

Member of Park and Rec Advisory Committee 2010 - 2019. Have volunteered at numerous Park & Rec events. Secretary, Preston Creekside HOA, Morrisville, NC 2013-2017

Park & Rec Advisory Committee N/A no N/A

i Ryan Johnson Performance Measures N/A 3 months

I recently moved to Breckenridge (August 2019), and am interested in starting to participate in my local community. For my reason for applying to the Performance Measures Advisory Committee, I� d like to learn more about the process of how town performance is assessed, and as I enjoy process improvements projects in my career working in project management

Reviewing performance and financial metrics for the town to identify areas of strength and improvement, and working together with staff to identify process improvement projects for the latter

as applicable.

I was the Vice President of the HOA board for my condo unit, 700 Finsbury street at Davis Park in Durham, from 2014 to 2017. I resigned when increasing work commitments, specifically weekly travel, made me

unable to participate at my usual level. I no longer travel for work.No

I have not. I attended a town council meeting, and Councilman Schlick recommended I look in CAB for further local participation

no N/A

h Kayla McCann Public Safety Parks and Recreation 1 year

1. Public Health and disease prevention are very important to me and I will be able to add valuable information and ideas to the PSAC to improve health, safety, welfare, and peace

and dignity to the town of Morrisville by innovative and diverse ideas.

2. I am a diverse, African-American, member of the community. Diversity and inclusion within the advisory board are vital! Representation matters within the board/committee meetings for a variety of reasons, including to have someone voice the issues/difficulties

facing minority populations in our city and how to improve diversity and inclusion within our town.

The primary responsibilities of the board/committee are to research the important issues that may be affecting our community and provide solutions to those issues through policy change/revisions. In

addition to bring awareness to the issues in the community and provide strategies for all members to see the issues and be involved in the improvement.

Everything listed above is what I hope to accomplish being a member of the board. I want to represent people that look like me (people of color), I want to develop strategies, and plan public awareness

events to showcase the issues and what we are doing to improve the problems.

Communities in Schools of Durham- Literacy support, tutoring, and developing educational materials for students in the Communities in Schools response to intervention program to help youth stay in school,

graduate on time, and succeed in life. Some of my core responsibilities included: Implement capacity-building plans based on locally identified needs. Recruit and train diverse volunteers. Enhance the quality and

effectiveness of community or campus-based literacy programs by serving as a tutoring program leader in a community organization. Develop new and enhancing current community partnerships.

Book Harvest NC- A part of a volunteering team that worked toward providing books to children who need them and engage families and communities to promote children� s lifelong literacy and academic success.

North Carolina Oral Health Collaborative Member- Heighten public awareness and advocating at the North Carolina Legislative building to discuss statistics/facts regarding the oral health crisis in North Carolina, along

with the NCOHC to resolve consumer-level and systemic barriers to good oral health and accelerate the implementation of policies that reduce oral health disparities.

N/A N/A no N/A

g Sushant Patil Public Education N/A 1 yearI am a strong advocate of quality and state-of-the-art public education system, which I think

is the founding block for community development as a whole. This committee will enable me to dedicate my time and efforts towards that cause.

1. Explore benchmarking - define expectations of quality education. 2. Explore school model options (e.g. urban, specialized, structural, redevelopment)

3. Advise and make recommendations to address school needs.

1. Board of Director, Hemophilia of North Carolina (HNC) Mar 2019 - Present

2. MentorNet, Great Minds in STEM (GMiS) Virtual Mentor for STEM and Health Careers Feb 2017 � Feb 2018

� Provide one-on-one mentoring service and guide discussions that support the success and persistence of STEM students.

N/A N/A no N/A

f Kathryn Peakovic Senior N/A 16 years Have been to the Cary senior center and would like us to have something similar Attend meetings an meet the interests of Seniors in Morrisville Member of Board of our HOA for 15 years. Worked every election or 16 years and also Did Morrisville 101. yes n/a yes N/A

e Krishna Pokhrel Parks and Recreation Public Education 3As I am active Social Woker is my Passion and get invelve society acitvities and make

betterment for our Community.with my 20 years of Social work experience is my responsibilities to get involve acitvely community service and make a Model Town of in the USA. I definitely share some extra ideas and best plan.

Yes, i am actively involving many of Non -for Profit organizations since 2004 like Helping Immigratins people, providing Financial Informations, conducting Health Camp, Blood Donation event, Support Town where we

resides.NA NA no N/A

d Vinutha Ravinageswaran Parks and Recreation Public Safety 4 yearsI want to give something back to my community. It will also give an opportunity to help the

children in the neighborhood.I hope to help make our town more better for all its residents. Especially to the children. N/A N/A n/A no N/A

c James Sawyer Planning and Zoning Parks and Recreation 10 yearsI would like to be more involved with the community. I have some experience (in 1995-1996)

serving on a zoning board in CT.I would like to help shape the future of our town. N/A N/A N/A no N/A

b Angie Smith Public Education N/A 20 yearsI am interested in supporting the Town of Morrisville and Council as it relates to educational

matters that may connect to this committee.

Advise the Council related to aspects of educational information that may be brought to the Town of Morrisville and the Educational Advisory Board specifically. I hope to listen to the needs of the

community and serve as a resource, as needed.

I am a member of the National Charity League, served as a coordinator for the Walk for Hope, and social chair committee we lived in Breckenridge.

N/A NA no N/A

a Lou Urani Parks and Recreation N/A 6 yearsI wish to continue serving on the Parks and Recreation Advisory Committee to continue

influencing the addition of Fiscally Conservative and easily achievable quality Recreational experiences for the Morrisville Community.

I see my roll as being someone who engages with the rest of the community to get input on what the true needs are and bring that feedback to the monthly meetings. I have also taken on the responsibility of doing research of new ideas to bring back to the committee as well as have invited groups involved

with local recreation to give presentations to our committee. For larger Capitol Projects I research and critique the proposed plan and spending to give feedback on

how cost can be reduced which can sometimes become contentious but I feel is necessary just as critique of spending is necessary in the private business world.

-Morrisville 101 - 2018 Session Graduate -Attended Town of Morrisville Advisory Board and Committee Training in 2019 and 2020.

-Attended both in person and virtually multiple Morrisville Town Council meetings. -Attended Town of Cary Parks and Rec Advisory Committee meeting for Research Purposes.

-Despite the Pandemic, in 2020 alone I have logged hundreds of volunteer hours helping create Outdoor Recreational Opportunities for Morrisville residents and surrounding communities. Besides the time that I put into Morrisville as a committee member, below is a list of local communities and organizations which I

Currently on Parks and Rec

Yes, I would recommend that the Town Clerk attend both a Morrisville Parks and Rec Committee Meeting and a Cary Parks and Rec committee

meeting to see the difference in energy, passion, and engagement of the members and how the rules of order are applied differently between the

two committees.

yes N/A

Name 1st Choice 2nd ChoiceHow long have you been a

resident of Morrisville?

Why do you want to serve on the board/committee(s) you have

specified?

What do you see as the primary responsibilities of the board/committee(s)?

What do you hope to accomplish as a member of the board/committee(s)? If none, please indicate N/A.

Please describe your community involvement/participation experience. If none,

please indicate N/A

Have you served on other Town

boards/committees? If no, please indicate N/A.

Have you attended any previous board/committee

meetings? Please share your experience. If no, please indicate N/A

Have you completed

Morrisville 101?

Do you have any personal or business interests that could create a conflict of interest (real or perceived), if you are

selected for appointment to your preferred board/committee? (If no, indicate N/A. If

yes, please explain.)

l Sharan Boru Public Safety Performance Measures 8 years

I'd like to use this opportunity to serve my community. I have lived in Morrisville for

almost a decade and I understand it's growing needs. I witness the many changes the

town is needing to do, but I do see a somewhat lack of attention in regards to public

safety. I believe I can help to whatever capacity I have the privilege of working on, in

influencing to build and maintain a better community.

I have volunteered in many capacities, including as a lunch lady and room mom at my children's school. I

was on the board of Triangle Telangana association for one year in 2016-2017.N/A N/A no N/A

k Tracey Harden Public Education Parks and Recreation 13 years

I have two children enrolled in the Morrisville public school system. I want to advocate

for the best interest of all of the children in Morrisville. Many programs and projects

could be our in place to further academic and social skills sets for our children.

The primary responsibility should be to put in place and monitor the best academic and social

programs for the public schools.

I have been the Morrisville Girls Scouts Troop leader for years, I participate in many Town sponsored

events, I have two children enrolled in Morrisville public schools, and help support the PD and FD

whenever possible.

N/A Yes no N/A

j Mary Jo Holmes Environment and Stormwater Environment and Stormwater 11 yearsTo help and develop environmental awareness and programs for the Town of

Morrisville. This includes how Morrisville can deal with future environmental problems.

To get advice to the Town Council on how Morrisville can sustain and improve natural areas within

Morrisville and to make citizens of Morrisville aware of what they can do to help the environment.

Member of Park and Rec Advisory Committee 2010 - 2019. Have volunteered at numerous Park & Rec

events.

Secretary, Preston Creekside HOA, Morrisville, NC 2013-2017

Park & Rec Advisory Committee N/A no N/A

i Ryan Johnson Performance Measures N/A 3 months

I recently moved to Breckenridge (August 2019), and am interested in starting to

participate in my local community. For my reason for applying to the Performance

Measures Advisory Committee, I’d like to learn more about the process of how town

performance is assessed, and as I enjoy process improvements projects in my career

Reviewing performance and financial metrics for the town to identify areas of strength and

improvement, and working together with staff to identify process improvement projects for the

latter as applicable.

I was the Vice President of the HOA board for my condo unit, 700 Finsbury street at Davis Park in

Durham, from 2014 to 2017. I resigned when increasing work commitments, specifically weekly travel,

made me unable to participate at my usual level. I no longer travel for work.

NoI have not. I attended a town council meeting, and Councilman Schlick

recommended I look in CAB for further local participationno N/A

h Kayla McCann Public Safety Parks and Recreation 1 year

1. Public Health and disease prevention are very important to me and I will be able to add

valuable information and ideas to the PSAC to improve health, safety, welfare, and peace

and dignity to the town of Morrisville by innovative and diverse ideas.

2. I am a diverse, African-American, member of the community. Diversity and inclusion

within the advisory board are vital! Representation matters within the board/committee

meetings for a variety of reasons, including to have someone voice the issues/difficulties

facing minority populations in our city and how to improve diversity and inclusion within

our town.

The primary responsibilities of the board/committee are to research the important issues that may

be affecting our community and provide solutions to those issues through policy change/revisions.

In addition to bring awareness to the issues in the community and provide strategies for all

members to see the issues and be involved in the improvement.

Everything listed above is what I hope to accomplish being a member of the board. I want to

represent people that look like me (people of color), I want to develop strategies, and plan public

awareness events to showcase the issues and what we are doing to improve the problems.

Communities in Schools of Durham- Literacy support, tutoring, and developing educational materials for

students in the Communities in Schools response to intervention program to help youth stay in school,

graduate on time, and succeed in life. Some of my core responsibilities included: Implement capacity-

building plans based on locally identified needs. Recruit and train diverse volunteers. Enhance the quality

and effectiveness of community or campus-based literacy programs by serving as a tutoring program

leader in a community organization. Develop new and enhancing current community partnerships.

Book Harvest NC- A part of a volunteering team that worked toward providing books to children who

need them and engage families and communities to promote children’s lifelong literacy and academic

success.

North Carolina Oral Health Collaborative Member- Heighten public awareness and advocating at the

North Carolina Legislative building to discuss statistics/facts regarding the oral health crisis in North

Carolina, along with the NCOHC to resolve consumer-level and systemic barriers to good oral health and

accelerate the implementation of policies that reduce oral health disparities.

N/A N/A no N/A

g Sushant Patil Public Education N/A 1 year

I am a strong advocate of quality and state-of-the-art public education system, which I

think is the founding block for community development as a whole. This committee will

enable me to dedicate my time and efforts towards that cause.

1. Explore benchmarking - define expectations of quality education.

2. Explore school model options (e.g. urban, specialized, structural, redevelopment)

3. Advise and make recommendations to address school needs.

1. Board of Director, Hemophilia of North Carolina (HNC) Mar 2019 - Present

2. MentorNet, Great Minds in STEM (GMiS) Virtual

Mentor for STEM and Health Careers Feb 2017 – Feb 2018

• Provide one-on-one mentoring service and guide discussions that support the success and persistence

of STEM students.

N/A N/A no N/A

f Kathryn Peakovic Senior N/A 16 years Have been to the Cary senior center and would like us to have something similar Attend meetings an meet the interests of Seniors in MorrisvilleMember of Board of our HOA for 15 years. Worked every election or 16 years and also Did Morrisville

101.yes n/a yes N/A

e Krishna Pokhrel Parks and Recreation Public Education 3As I am active Social Woker is my Passion and get invelve society acitvities and make

betterment for our Community.

with my 20 years of Social work experience is my responsibilities to get involve acitvely community

service and make a Model Town of in the USA. I definitely share some extra ideas and best plan.

Yes, i am actively involving many of Non -for Profit organizations since 2004 like Helping Immigratins

people, providing Financial Informations, conducting Health Camp, Blood Donation event, Support Town

where we resides.

NA NA no N/A

d Vinutha Ravinageswaran Parks and Recreation Public Safety 4 yearsI want to give something back to my community. It will also give an opportunity to help

the children in the neighborhood.I hope to help make our town more better for all its residents. Especially to the children. N/A N/A n/A no N/A

c James Sawyer Planning and Zoning Parks and Recreation 10 yearsI would like to be more involved with the community. I have some experience (in 1995-

1996) serving on a zoning board in CT.I would like to help shape the future of our town. N/A N/A N/A no N/A

b Angie Smith Public Education N/A 20 yearsI am interested in supporting the Town of Morrisville and Council as it relates to

educational matters that may connect to this committee.

Advise the Council related to aspects of educational information that may be brought to the Town

of Morrisville and the Educational Advisory Board specifically. I hope to listen to the needs of the

community and serve as a resource, as needed.

I am a member of the National Charity League, served as a coordinator for the Walk for Hope, and social

chair committee we lived in Breckenridge.N/A NA no N/A

a Lou Urani Parks and Recreation N/A 6 years

I wish to continue serving on the Parks and Recreation Advisory Committee to continue

influencing the addition of Fiscally Conservative and easily achievable quality

Recreational experiences for the Morrisville Community.

I see my roll as being someone who engages with the rest of the community to get input on what

the true needs are and bring that feedback to the monthly meetings. I have also taken on the

responsibility of doing research of new ideas to bring back to the committee as well as have invited

groups involved with local recreation to give presentations to our committee.

For larger Capitol Projects I research and critique the proposed plan and spending to give feedback

on how cost can be reduced which can sometimes become contentious but I feel is necessary just

as critique of spending is necessary in the private business world.

-Morrisville 101 - 2018 Session Graduate

-Attended Town of Morrisville Advisory Board and Committee Training in 2019 and 2020.

-Attended both in person and virtually multiple Morrisville Town Council meetings.

-Attended Town of Cary Parks and Rec Advisory Committee meeting for Research Purposes.

-Despite the Pandemic, in 2020 alone I have logged hundreds of volunteer hours helping create Outdoor

Recreational Opportunities for Morrisville residents and surrounding communities. Besides the time that

I put into Morrisville as a committee member, below is a list of local communities and organizations which

Currently on Parks and Rec

Yes, I would recommend that the Town Clerk attend both a Morrisville

Parks and Rec Committee Meeting and a Cary Parks and Rec committee

meeting to see the difference in energy, passion, and engagement of the

members and how the rules of order are applied differently between

the two committees.

yes N/A

BALLOT FOR ADVISORY BOARDS/COMMITTEE APPOINTMENT: SUMMER 2020

Place an "x" next to any applicant's name you wish to be appointed/reappointed.

Public Education Advisory Committee (MPEAC) 2 Seats Available (District 3 and District 4) (two-year appointments)

SELECT 1 APPLICANT FROM DISTRICT 3 SELECT 1 APPLICANT FROM DISTRICT 4

Applicant Additional Information Current Appointment

Angie Smith (District 3)Sushant Patil (District 3)Tracey Harden (District 4)

Printed Name: _________________________________________________

Signature: _____________________________________________________

BALLOT FOR ADVISORY BOARDS/COMMITTEE APPOINTMENT: SUMMER 2020

Place an "x" next to any applicant's name you wish to be appointed/reappointed.

Parks, Recreation and Cultural Resources Advisory Committee (PRCRAC) 3 Seats Available (two-year term)

SELECT 3

Applicant Additional Information Current Appointment

Lou UraniJames SawyerVinutha RavinageswaranKrishna Pokhrel

Printed Name: _________________________________________________

Signature: _____________________________________________________

PRCRAC Member (term expiring Aug. 31)

also applying for PSAC

Kayla McCannTracey Harden

also applying for PSACalso applying for MPEAC

BALLOT FOR ADVISORY BOARDS/COMMITTEE APPOINTMENT: SUMMER 2020

Place an "x" next to any applicant's name you wish to be appointed/reappointed.

Performance Measures Advisory Committee (PMAC) 2 Seats Available (two-year term)

SELECT 2

Applicant Additional Information Current Appointment

Ryan JohnsonSharan Boru also applying for PSAC

Printed Name: _________________________________________________

Signature: _____________________________________________________

BALLOT FOR ADVISORY BOARDS/COMMITTEE APPOINTMENT: SUMMER 2020

Place an "x" next to any applicant's name you wish to be appointed/reappointed.

Public Safety Advisory Committee (PSAC) 2 Seats Available (two-year term)

SELECT 2

Applicant Additional Information Current Appointment

Vinutha RavinageswaranKayla McCannSharon Boru

also applying for PRCRAC

Printed Name: _________________________________________________

Signature: _____________________________________________________

also applying for PRCRAC

also applying for PMAC

BALLOT FOR ADVISORY BOARDS/COMMITTEE APPOINTMENT: SUMMER 2020

Place an "x" next to any applicant's name you wish to be appointed/reappointed.

Senior Advisory Committee (SAC) 2 Seats Available (two-year term)

SELECT 2

Applicant Additional Information Current Appointment

Kathryn Peakovic

Printed Name: _________________________________________________

Signature: _____________________________________________________

BALLOT FOR ADVISORY BOARDS/COMMITTEE APPOINTMENT: SUMMER 2020020

Place an "x" next to any applicant's name you wish to be appointed/reappointed.

Morrisville Environment and Stormwater Committee (MESC) 1 Seat Available (two-year term)

SELECT 1

Applicant Additional Information Current Appointment

Mary Jo Holmes

Printed Name: _________________________________________________

Signature: _____________________________________________________

Town Council Agenda Item Report

Agenda Item No. 12.aSubmitted by: Benjamin HowellSubmitting Department Planning Meeting Date: July 14, 2020

SUBJECTConsideration of Text Amendments to the Unified Development Ordinance Related to ProcessChanges, Specifically:

1. Resolution 2020-169-0 of the Morrisville Town Council Pertaining to the Adoption of a PlanConsistency Review Statement for Text Amendments to the Unified Development OrdinanceRelated to Process Changes.

2. Ordinance 2020-169-0 of the Morrisville Town Council Approving Text Amendments to theUnified Development Ordinance Related to Process Changes.

Michele Stegall, Planning DirectorBrief - July 14Public Hearing - July 28Action - August 11

Recommendation:Approval

Updates/History of Briefing:NOT APPLICABLE

Executive Summary and Background Information:

Advisory Board/Committee Review:Planning and Zoning Board

Insert Date of Advisory Board/Committee Review:2020-06-11

Advisory Board/Committee Recommendation and/or Vote:The Planning and Zoning Board reviewed the proposed text amendments at their meeting on

June 11, 2020. Â The Board voiced concern about removing the Major Site Plan reviewprocess, specifically the Board's review of Major Site Plans, as some members felt they havebeen successful in the past in convincing applicants to make changes to proposeddevelopments based on discussion at Planning and Zoning Board meetings. Â By a vote of 5-0, the PZB recommended approval of the proposed text amendments, with the exception ofamending the text to remove the PZB and Town Council from review of Major Site Plans. Thedraft minutes from the June 11, 2020 PZB minutes are included as ATTH 02.

Staff also met with the Board Adjustment (BOA) on June 10, 2020 to answer any questionsthe BOA might have about the proposed dissolution of the board. Four of the seven memberswere present. At the meeting, the BOA made motion indicating that they disagreed with theproposed disbandment of the board citing reasons related to the separation of powers. Themotion was approved by a vote of 4-0. The draft minutes from the June 10, 2020 BOAmeeting are included as ATTH 03.

Potential Options:The Town Council is requested to review the proposed text amendments and make a motionfor:

1. Approval2. Approval with Changes; or 3. Denial

The request is a legislative request and generally discretionary.

Staff Recommendation:Staff recommends that the Town Council approve the text amendments as proposed by staff. ATTACHMENTS• 2020-169-0 Peak Supplement.pdf• 2020-169-0 RES UDO Text Amendments-Process Changes• 2020-169-0 ORD UDO Text Amendments-Process Changes• 2020-169-0 ATTH 01 Proposed Text Amendments• 2020-169-0 ATTH 02 Draft PZB Minutes Excerpt• 2020-169-0 ATTH 03 Draft BOA Minutes.pdf• 2020-169-0 ATTH 04 2020 Town Council Retreat Minutes Excerpt• 2020-169-0 Presentation

Updated: May 29, 2020 1 of 1

2020-169-0: Text Amendments to the Unified Development

Ordinance Related to Process Changes

Goals Objectives

Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity and collaboration

☐ Obj. 1.1 Manage traffic congestion at targeted locations and targeted times of day ☐ Obj. 1.2 Leverage resources through partnerships with other government entities and private sector ☐ Obj. 1.3 Improve mobility options for non-drivers

Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality

☐ Obj. 2.1 Provide a mix of housing options that meet the current and future needs of the community ☐ Obj. 2.2 Create a sense of place through insightful development that balances commercial and residential growth ☐ Obj. 2.3 Be responsible stewards of the natural environment ☐ Obj. 2.4 Establish a planned approach for redevelopment and revitalization ☐ Obj. 2.5 Plan and provide for current and future infrastructure

Engaged, inclusive community – Enrich the quality of life through programs, events, amenities and services valued by the community

☐ Obj. 3.1 Offer events and programs that meet the needs and interests of the community ☐ Obj. 3.2 Increase awareness of activities and opportunities for engagement ☐ Obj. 3.3 Effectively maintain assets and make the most of existing resources ☐ Obj. 3.4 Provide opportunities for meaningful public engagement and collaboration

Public safety readiness – Provide a safe and secure community through prevention, education, readiness and response

☐ Obj. 4.1 Provide educational opportunities and encourage preparedness ☐ Obj. 4.2 Be operationally ready ☐ Obj. 4.3 React responsively to the public safety needs of the community ☐ Obj. 4.4 Meet Demands for service

Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency

☐ Obj. 5.1 Promote financial integrity through effectively and efficiently managing public assets ☒ Obj. 5.2 Deliver customer-focused service ☐ Obj. 5.3 Require the highest of professional standards ☐ Obj. 5.4 Attract, develop and retain a diverse, high performing workforce ☐ Obj. 5.5 Align priorities with resources ☐ Obj. 5.6 Leverage the use of technology to maximize results

Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce

☐ Obj. 6.1 Attract and retain businesses that provide a diverse tax base ☒ Obj. 6.2 Support new and existing businesses by streamlining processes and minimizing complexities ☐ Obj. 6.3 Understand business needs in order to supply a ready workforce ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an advocacy plan to address public education needs

“Connect Morrisville” Strategic Plan Alignment

TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560

RESOLUTION 2020-169-0 OF THE MORRISVILLE TOWN COUNCIL PERTAINING TO THE ADOPTION OF A PLAN

CONSISTENCY REVIEW STATEMENT FOR TEXT AMENDMENTS TO THE UNIFIED DEVELOPMENT

ORDINANCE RELATED TO DEVELOPMENT REVIEW PROCESS CHANGES

WHEREAS, effective January 1st, 2006, North Carolina General Statute 160A-383 requires that “when adopting or rejecting any zoning amendment” each local governing board “shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plan that is applicable, and briefly explaining why the board considers the action taken to be reasonable and in the public interest”; and WHEREAS, the Planning Department is proposing text amendments to the Unified Development Ordinance related to development review process changes; and WHEREAS, the text amendments dissolve the Board of Adjustment and gives those responsibilities to the Planning and Zoning Board; and WHEREAS, the text amendments also remove the distinction between Major and Minor Site Plans, with all Site Plans having staff review and approval and remove the Planning and Zoning Board from the Special Use Permit review process; and WHEREAS, on June 11, 2020 the Planning and Zoning Board held a public comment session at which it considered the proposed amendments; and WHEREAS, at the June 11, 2020 Planning and Zoning Board meeting, by a vote of 5-0 the Board forwarded a recommendation of approval on the proposed amendments, with the exception of changing all site plans to administrative review only, to the Town Council; and WHEREAS, the revised text amendments were presented to the Morrisville Town Council on July 14, 2020; and WHEREAS, a public hearing on the proposed text amendments was held by the Morrisville Town Council on July 28, 2020; and WHEREAS, the public hearing was duly advertised in accordance with all requirements of law: NOW, THEREFORE, BE IT RESOLVED THAT THE MORRISVILLE TOWN COUNCIL ADOPTS THE PLAN CONSISTENCY REVIEW STATEMENTE BELOW:

Plan Consistency Review Statement for Proposed Text Amendments to the Unified Development Ordinance

The proposed text amendments amend the regulations in various sections of the Unified Development Ordinance. These revisions support the following goals in the Town’s Land Use Plan:

A. Policy 2D: Clearly communicate the character of development that is encouraged in the

Town, including land use, design and development standards, utility extensions, and transportation needs/design, and

B. Policy 5F: Ensure the availability of information and the transparency of town government actions and functions;

and the following objectives in the Town’s Strategic Plan:

C. Obj. 2.4 Establish a planned approach for redevelopment and revitalization, and

D. Obj. 5.2 Deliver customer-focused service, and

E. Obj. 6.2 Economic Prosperity: Support new and existing businesses by streamlining

processes and minimizing complexities. Adopted this 11th day of August, 2020. ______________________________ TJ Cawley, Mayor ATTEST: _____________________________ Eric W. Smith II, Town Clerk

TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560

ORDINANCE 2020-169-0 OF THE MORRISVILLE TOWN

COUNCIL APPROVING TEXT AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE RELATED TO DEVELOPMENT

REVIEW PROCESS CHANGES

WHEREAS, the Planning Department is proposing text amendments to the Unified Development Ordinance (UDO) related to development review process changes; and WHEREAS, the text amendments dissolve the Board of Adjustment and gives those responsibilities to the Planning and Zoning Board; and WHEREAS, the text amendments also remove the distinction between Major and Minor Site Plans, with all Site Plans having staff review and approval and remove the Planning and Zoning Board from the Special Use Permit process; and WHEREAS, on June 11, 2020 the Planning and Zoning Board held a public comment session at which it considered the proposed amendments; and WHEREAS, at the June 11, 2020 Planning and Zoning Board meeting, by a vote of 5-0 the Board forwarded a recommendation of approval on the proposed amendments, with the exception of changing all site plans to administrative review only, on the proposed amendments to the Town Council; and WHEREAS, the revised text amendments were presented to the Morrisville Town Council on July 14, 2020; and WHEREAS, a public hearing on the proposed text amendments were held by the Morrisville Town Council on July 28, 2020; and WHEREAS, the public hearing was duly advertised in accordance with all requirements of law: NOW, THEREFORE, BE IT ORDAINED THAT THE MORRISVILLE TOWN COUNCIL: SECTION ONE: The UDO is hereto amended by adding the underlined text and removing the stricken text as shown on Exhibit A attached hereto. SECTION TWO: Hyperlinks in all sections of the UDO and table of content changes related to the amendments approved by this Ordinance shall be updated. SECTION THREE: This Ordinance shall be effective immediately upon adoption. Adopted this 11th day of August, 2020. ______________________________ TJ Cawley, Mayor ATTEST: _____________________________ Eric W. Smith II, Town Clerk

Article 2: Administration Section 2.2. Review Authorities 2.2.1. Town Staff

Morrisville, NC <> Unified Development Ordinance Page 2-2

application forms, checklists for plans and other documents to be submitted with applications, the content and scale/format of such plans and documents, schedules and timelines for application review steps), identify application fees (as established by the Town Council), summarize development review procedures and standards to facilitate the use and understanding of them, and include detailed specifications and illustrations identifying how this Ordinance’s standards for landscaping, public infrastructure, and other aspects of development may be met;

(5) To maintain the official Zoning Map and related materials;

(6) To serve as professional staff to the Board of Adjustment, Planning and Zoning Board, and Town Council;

(7) To assist in enforcing this Ordinance in accordance with Article 10: Enforcement;

(8) To interpret the provisions of this Ordinance in accordance with the standards in Article 11: Interpretation and Definitions;

(9) To provide expertise and technical assistance to the Town’s review and decision-making bodies on request; and

(10) To maintain on file a record of all development applications reviewed under this Ordinance and make copies available on request.

B. Town Engineer

1. General

The Town Engineer is the Town official primarily responsible for administering those provisions in this Ordinance pertaining to floodplain management, stormwater management and riparian buffers, and for reviewing detailed construction plans for compliance with infrastructure and various environmental regulations, for monitoring and inspecting authorized construction, and for reviewing completed public infrastructure proposed to acceptance by the Town. The Town Engineer may delegate any review or decision-making authority to any professional-level staff in the Engineering Department and may delegate clerical authority to any staff in the Engineering Department.

2. Powers and Duties

a. Review of Development Applications

The Town Engineer shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

b. Other Powers and Duties

The Town Engineer shall have the following additional powers and duties under this Ordinance:

(1) To participate in pre-application conferences (Section 2.4.2);

(2) To serve as Vice-Chair of the Development Review Committee and participate in the review of development applications as a member of the committee;

(3) To assist the Planning Director in establishing requirements for the contents and format of development applications reviewed under this Ordinance, with prime responsibility for establishing requirements for stormwater and riparian buffer applications;

(4) To assist the Planning Director in developing and maintaining an administrative manual, with prime responsibility for developing and maintaining those parts of the administrative manual related to stormwater, riparian buffer, and construction plan applications and standards;

(5) To assist in enforcing this Ordinance in accordance with Article 10: Enforcement;

EXHIBIT A

EXHIBIT A Page 1

Article 2: Administration Section 2.2. Review Authorities 2.2.1. Town Staff

Morrisville, NC <> Unified Development Ordinance Page 2-4

3. Membership and Appointment

a. The Development Review Committee shall consist of the Planning Director and Town Engineer, plus representatives from each of the following Town departments typically involved with review of development in Morrisville, as designated by the head of the department:

(1) Planning Department;

(2) Engineering Department; and

(3) Fire Department.

b. On request by the Planning Director, representatives from other Town departments (e.g., Parks, Recreation, and Cultural Resources Department, Police Department, Public Works Department, Inspections Department) and from outside regulatory agencies, service providers, and organizations generally involved with development review or commonly affected by development in Morrisville (e.g., Cary Department of Public Works and Utilities, Wake County Department of Environmental Services, North Carolina Department of Transportation, Duke Energy/Progress Energy) may participate in committee meetings.

4. Chair and Vice-Chair

The Planning Director shall serve as Chair of the Development Review Committee, and shall schedule meetings, coordinate committee activities, preside over committee meetings, prepare committee reports, and serve as liaison to the departments and agencies involved for clarification of issues and resolution of conflicts. The Town Engineer shall serve as Vice-Chair, and shall preside over board meetings in the absence of the Chair.

5. Meetings

a. The Development Review Committee shall establish a regular meeting schedule and meet frequently enough to act as expeditiously as practicable on matters before it. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, and may call a special or emergency meeting.

b. The Chairman of the Development Review Committee may invite applicants to attend Development Review Committee meetings as necessary to answer questions from, or provide clarifications requested by, Development Review Committee members.

c. Written comments of committee members shall be filed in the Town’s permitting information database.

E. Town Attorney

1. General

The Town Attorney is appointed by the Town Council and serves as its legal advisor, as well as legal advisor to Town staff in administering laws of the Town.

2. Powers and Duties

In addition to the authority and duties conferred by general law and the Town Council, the Town Attorney shall have the following powers and duties under this Ordinance:

a. To review and approve as to form all written findings of fact, conclusions of law, development permits, ordinances, and other documents draft by the Town Council, Planning and Zoning Board, Board of Adjustment, Development Review Committee, Town Engineer, Planning Director, and Town departments in connection with any requirement of this Ordinance;

b. To review as to form all agreements, easements, declarations of covenants, performance or maintenance guarantees, or other such documentation in connection with any requirement of this Ordinance;

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c. To assist the Planning Director and Town Engineer in interpreting the provisions of this Ordinance in accordance with Article 11: Interpretation and Definitions;

d. To assist in enforcing this Ordinance and in prosecuting actions against violators in accordance with Article 10: Enforcement; and

e. To counsel the Town Council, Planning and Zoning Board, Board of Adjustment, Planning Director, Town Engineer, and Town departments in the review of development applications and the general implementation of this Ordinance.

2.2.2. Board of Adjustment

A. Establishment

The Board of Adjustment is hereby established in accordance with state law.

B. Powers and Duties

1. Review of Development Applications

The Board of Adjustment shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

2. Other Powers and Duties

The Board of Adjustment shall have any other powers and duties delegated to it by the Town Council, consistent with state law.

C. Membership, Appointment, and Terms of Office

1. Membership and Appointment

a. The Board of Adjustment shall consist of five regular voting members and two alternate members.

b. Four of the regular members shall be residents of the Town’s incorporated area and shall be appointed by the Town Council.

c. One regular member shall be a resident of the Town’s extraterritorial jurisdiction (ETJ) and shall be appointed by the Wake County Board of Commissioners.

d. The two alternate members shall be residents of either the Town’s incorporated area or its extraterritorial jurisdiction, and shall be appointed by the Town Council.

(Ord. No. 2016-001, 05/10/2016)

2. Alternate Members

The Chair of the Board of Adjustment shall assign an alternate member to serve as a substitute for a regular member who is temporarily absent or disqualified. When substituting for a regular member, an alternate member shall have the same powers and duties as the replaced regular member.

3. Terms

a. Members of the Board of Adjustment shall be appointed for three-year terms that are staggered such that the terms of not more than three regular members and two alternate members expire in a given year. Board members may be appointed to successive terms without limitation.

b. Vacancies occurring for reasons other than expiration of the term shall be filled for the period of the unexpired term only, and by the body (Town Council or Wake County Board of Commissioners) that appointed the vacating member.

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c. Board members shall continue to serve until their successors are appointed.

4. Attendance

Board of Adjustment members are responsible for attending all regular board meetings as set forth by the Town Council, and may be replaced in accordance with the current public body attendance policy.

D. Staff

The Planning Director shall serve as the professional staff for the Board of Adjustment and as the board’s Secretary, providing it administrative support, notifying members of board meetings, and keeping the minutes of meetings.

E. Officers

1. The Board of Adjustment shall recommend one of its members to serve as its Chair and another as its Vice-Chair. The Town Council shall consider those recommendations and appoint the board’s Chair and Vice-Chair, each to serve a one-year term. Members may be appointed to successive terms without limitation.

2. The Chair shall preside over all board meetings. The Vice-Chair shall preside over board meetings in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

F. Meetings

1. Meeting Schedule

The Board of Adjustment shall establish a schedule of regular meetings—including the date, time, and location of meetings—and keep a copy of the schedule on file with the Town Clerk. In accordance with state law, the Chair may cancel a regular meeting on determining that there are no agenda items for consideration, or call a special or emergency meeting.

2. Meeting Notice

Notice of all Board of Adjustment meetings shall be provided in accordance with state law and the public meeting requirements in Section 2.4.5.B, Public Notice.

3. Open Meetings

All Board of Adjustment meetings shall be open to the public in accordance with state law.

4. Meeting Procedure

In conducting its meetings, the Board of Adjustment shall follow rules of procedure adopted in accordance with Section 2.2.2.I, Rules of Procedure, consistent with the procedural requirements of this Ordinance and state law.

5. Meeting Record

The Board of Adjustment shall keep full and accurate minutes of its meetings in accordance with state law, including its findings and decisions and the votes thereon. Meeting minutes shall be a public record in accordance with state law.

G. Quorum and Vote

1. Quorum

Four members of the Board of Adjustment shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

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2. Voting

The concurring vote of four members of the Board of Adjustment shall be necessary to approve a Variance. The affirmative vote of three members shall be required for all other decisions, other than to adjourn a meeting for lack of a quorum.

H. Conflict of Interest

1. A Board of Adjustment member shall not participate in the review of, or vote on, an application for a Variance or Administrative Appeal if the action proposed by the application creates a conflict of interest. Such a conflict of interest exists if the member:

a. Has a fixed opinion prior to a hearing on the application that is not susceptible to change;

b. Fails to disclose ex parte communications;

c. Has a financial interest in the outcome of the review;

d. Has a close familial, business, or other associational relationship with an affected person; or

e. Otherwise has a relationship or acts in a manner that would violate affected persons’ constitutional rights to an impartial decision maker.

2. If an objection is raised to a board member’s participation in a matter based on a conflict of interest, and the member does not recuse himself or herself, the remaining members of the board present shall by majority vote determine whether the member is or is not disqualified from participating in the review.

I. Rules of Procedure

The Board of Adjustment shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Planning Department.

2.2.3.2.2.2. Planning and Zoning Board

A. Establishment

The Planning and Zoning Board is hereby established in accordance with state law.

B. Powers and Duties

1. Review of Development Applications

The Planning and Zoning Board shall have the review and recommendation authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

2. Other Powers and Duties

a. Prepare Comprehensive Plan

The Planning and Zoning Board shall formulate and maintain a Comprehensive Plan.

b. Studies

The Planning and Zoning Board shall make careful studies of present conditions and the probable future development of the town and its environs, including, but not limited to, land use surveys, population studies; economic base studies; school, park, and recreation studies; and traffic and parking studies.

c. Other Powers and Duties

The Planning and Zoning Board shall have any other powers and duties delegated to it by the Town Council, consistent with state law.

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F. Meetings

1. Meeting Schedule

The Planning and Zoning Board shall establish a schedule of regular meetings—including the date, time, and location of meetings—and keep a copy of the schedule on file with the Town Clerk. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, and may call a special or emergency meeting in accordance with state law.

2. Meeting Notice

Notice of all Planning and Zoning Board meetings shall be provided in accordance with state law and the public meeting requirements in Section 2.4.5.B, Public Notice.

3. Open Meetings

All Planning and Zoning Board meetings shall be open to the public in accordance with state law.

4. Meeting Procedure

In conducting its meetings, the Planning and Zoning Board shall follow rules of procedure adopted in accordance with Section 0, , consistent with the procedural requirements of this Ordinance and state law.

5. Meeting Record

The Planning and Zoning Board shall keep full and accurate minutes of its meetings in accordance with state law, including its findings and decisions and the votes thereon. Meeting minutes shall be a public record in accordance with state law.

G. Quorum and Vote

1. Legislative Decisions

a. Quorum

a. Three members of the Planning and Zoning Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

6. Voting

b. The concurring vote of a majority of Planning and Zoning Board members present and constituting a quorum shall be required for all decisions of the board, other than to adjourn a meeting for lack of a quorum.

2. Quasi-Judicial Decisions

a. Four members of the Planning and Zoning Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

b. The concurring vote of four members of the Planning and Zoning Board shall be necessary to approve a Variance. The affirmative vote of three members shall be required for all other decisions, other than to adjourn a meeting for lack of a quorum.

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H. Conflict of Interest

1. Legislative Decisions

A Planning and Zoning Board member shall not participate in the review of, or vote on, a development application if the outcome of the matter is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

2. Quasi-Judicial Decisions

a. A Planning and Zoning Board member shall not participate in the review of, or vote on, an application for a quasi-judicial decision if the action proposed by the application creates a conflict of interest. Such a conflict of interest exists if the member:

(1) Has a fixed opinion prior to a hearing on the application that is not susceptible to change;

(2) Fails to disclose ex parte communications;

(3) Has a financial interest in the outcome of the review;

(4) Has a close familial, business, or other associational relationship with an affected person; or

(5) Otherwise has a relationship or acts in a manner that would violate affected persons’ constitutional rights to an impartial decision maker.

b. If an objection is raised to a board member’s participation in a matter based on a conflict of interest, and the member does not recuse himself or herself, the remaining members of the board present shall by majority vote determine whether the member is or is not disqualified from participating in the review.

G. Rules of Procedure

I. Rules of Procedure

The Planning and Zoning Board shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Planning Department.

2.2.4.2.2.3. Town Council

A. Powers and Duties

To exercise the authority granted it by state law and the Town’s charter, the Town Council shall have the following powers and duties under this Ordinance.

1. Review of Development Applications

The Town Council shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

2. Adopt Schedule of Development-Related Fees

The Town Council is authorized to adopt, by ordinance, a schedule of fees governing the review of development applications and plans, inspections, and other matters involving the administration and enforcement of this Ordinance.

3. Adopt Schedule of Civil Penalties

The Town Council is authorized to adopt, by ordinance, a schedule of civil penalties for violations of this Ordinance.

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4. Other Actions

The Town Council is authorized to take any other action not assigned or delegated to the Planning Director, Board of Adjustment, Planning and Zoning Board, or other advisory or design-making authority as the Town Council deems desirable and necessary to implement provisions of this Ordinance, and as authorized by state law.

B. Conflicts of Interest

1. Special Use Permit Applications

a. A Town Council member shall not participate in the review of, or vote on, an application for a Special Use Permit if the action proposed by the application creates a conflict of interest. Such a conflict of interest exists if the member:

(1) Has a fixed opinion prior to a hearing on the application that is not susceptible to change;

(2) Fails to disclose ex parte communications; has a financial interest in the outcome of the review;

(2)(3) Has a financial interest in the outcome of the review;

(3)(4) Has a close familial, business, or other associational relationship with an affected person; or

(4)(5) Otherwise has a relationship or acts in a manner that would violate affected persons’ constitutional rights to an impartial decision maker.

b. If an objection is raised to a Town Council member’s participation in a matter based on a conflict of interest, and the member does not recuse himself or herself, the remaining members of the Town Council present shall by majority vote determine whether the member is or is not disqualified from participating in the review.

2. Other Development Applications

A Town Council member shall not participate in the review of, or vote on, any other development application if the outcome of the matter is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

SECTION 2.3. SUMMARY TABLE OF DEVELOPMENT REVIEW PROCEDURES Table 2.3, Summary of Development Review Procedures, lists the various types of development approvals authorized by this Ordinance. For each type of application for approval, the table indicates whether a pre-application staff conference is required, what role various Town review authorities play in its review, when a public comment session or public hearing is required, and what type of public hearing (standard or quasi-judicial) is involved. Reading table rows from left to right provides a summary view of the major steps involved with each type of application for a development approval.

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Table 2.3: Summary of Development Review Procedures C = Review and Comment R = Review and Recommend D = Review and Decide

( ) = Public Comment Session [ ] = Standard Public Hearing < > = Quasi-Judicial Public Hearing M = Mandatory O = Optional

Application Type Section Pre-

Appl

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Conf

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ce

Review Authorities

Staff Advisory Decision-Making

Build

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Ordinance Amendments

Text Amendment 2.5.2 M R (R) [D]

Rezoning

General 2.5.3 M R (R) [D]

Conditional 2.5.3 M R (R) [D]

Planned Development 2.5.3 M R (R) [D]

Development Permits and Approvals

Conceptual Master Plan Approval 2.5.4 M C R (R) [D]

Special Use Permit 2.5.5 M R (R) <D>

Subdivision Approvals

Type 1 Subdivision Preliminary Plat Approval

2.5.6.B.1 M C R R D

Type 2 Subdivision Preliminary Plat Approval

2.5.6.B.2 M C D

Final Plat Approval 2.5.6.C O C D Determination of Subdivision Exclusion 2.5.6.D O C D

Site Plan Approval Major

<>2.5.7.B M C RD R D

Minor 2.5.7.C M C D

Construction Plan Approval 2.5.8 M D C

Floodplain Development Permit 2.5.9 O D C

Riparian Buffer Development Review 6.5 M D C

Stormwater Management Permit 7.2 M D

Sign Permit [1] 2.5.12 O C D

Building Permit [2] 2.5.13 O D C C

Certificate of Compliance/Occupancy [2] 2.5.14 O D C C

Interpretation 2.5.15 O C D

Variance 2.5.16 M R <D> <D>

Riparian Buffer Variance

Major 2.5.17 M R C <D>[3] <D>[3]

Minor 2.5.17 M R C <D> <D>

Stormwater Variance

Major 7.2.5 M R <D>[3] <D>[3]

Minor 7.2.5 M R <D> <D>

Administrative Adjustment 2.5.19 O C D

Alternative Equivalent Compliance [4] 2.5.20 O C R (R) <D>

Site-Specific Development Plan Designation 2.5.21 M C R (R) [D]

Administrative Appeal 2.5.22 O <D> <D>

Development Agreement 2.5.23 M C R (R) [D]

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Table 2.3: Summary of Development Review Procedures C = Review and Comment R = Review and Recommend D = Review and Decide

( ) = Public Comment Session [ ] = Standard Public Hearing < > = Quasi-Judicial Public Hearing M = Mandatory O = Optional

Application Type Section Pre-

Appl

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on

Conf

eren

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Review Authorities

Staff Advisory Decision-Making

Build

ing

Offic

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Right-of-Way Encroachment Agreement 2.5.23 O C R (R) [D]

Wireless Telecommunication Facilities

Special Use Permit 2.5.25 M R (R) <D>

Major Site Plan 2.5.25 M C DR R D

Minor Site Plan 2.5.25 M C D

Notes: [1] The Building Official only reviews Sign Permit applications where an electrical or Building Permit is also required under the Building Code. [2] Review procedures for Building Permits and Certificates of Compliance/Occupancy are established in the Building Code, but are shown here because they are closely related to the development review procedures in this Ordinance. [3] The Board of Adjustment’sPlanning and Zoning Board’s decision is preliminary and is submitted to the N.C. Environmental Management Commission for a final decision (see 7.2.5.C). [4] A quasi-judicial public hearing and decision is required irrespective of whether one is required for the concurrently reviewed application.

(Ord. No. 2014-016, 06/24/2014; Ord. No. 2014-051, 11/10/2014; Ord. No. 2016-001, 05/10/2016)

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SECTION 2.4. STANDARD REVIEW PROCEDURES

2.4.1. General

This section describes the standard procedural steps and other rules that are generally applicable to all development applications reviewed under this Ordinance, unless otherwise expressly exempted or alternative procedures are specified in Section 2.5, Application-Specific Review Procedures. (See Figure 2.4.1: Standard Review Procedures.)

2.4.2. Pre-Application Conference

A. Purpose

The purpose of a pre-application conference is to provide an opportunity for an applicant and Town staff to: review applicable submittal requirements, procedures, and schedules; discuss the scope, features, and potential impacts of the proposed development as they relate to the standards in this Ordinance; and identify primary contacts for the applicant and Town staff.

B. When Required

A pre-application conference between the applicant and Town staff is mandatory for a particular application type as shown in Table 2.3, Summary of Development Review Procedures. A pre-application conference is optional for all other application types.

C. Procedure

If a pre-application conference is held, whether it is mandatory or optional, it shall be scheduled and conducted in accordance with the following procedural provisions.

1. Request

For applications for Construction Plan Approval, Stormwater Management Permit, or Stream Origin Determination, an applicant shall submit a request for a pre-application conference to the Town Engineer. For all other applications, the request shall be submitted to the Planning Director.

2. Scheduling

On receiving a request for a pre-application conference, the Planning Director or Town Engineer, as appropriate, shall schedule the pre-application conference with appropriate Town staff members and notify the applicant of the time and place of the conference.

3. Required Information Submitted Prior to Conference

a. Text Amendments and Rezonings

At least two business days before a scheduled pre-application conference for a Text Amendment or Rezoning application, the applicant shall submit to the Planning Director a written description of the nature and purpose of the amendment or rezoning and its consistency with the Comprehensive Plan.

Standard Review Procedures

Board of Adjustment or Town Council Review and

Decision (Sec. 2.4.7)

Scheduling and Public Notice of Meetings

(Sec. 2.4.5)

Staff Review and Action (Sec. 2.4.4)

Application Submittal, Acceptance, Revisions,

and Withdrawal (Sec. 2.4.3)

Pre-Application Conference (Sec. 2.4.2)

Planning and Zoning Board Review and Recommendation

(Sec. 2.4.6)

Figure 2.4.1

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G. Application Revisions

1. An applicant may revise a development application for any of the following reasons.

a. To address deficiencies provided as part of the staff review (see Section 2.4.4.B, Staff Review and Opportunity for Application Revision),

b. To make limited changes that directly respond to specific requests or suggestions made by a reviewing board or staff in response to a reviewing board, as long as they constitute only minor additions, deletions, or corrections and do not include substantive changes to the development proposed in the application. Such changes shall only occur after requesting and receiving permission from the Planning and Zoning Board (see Section 2.4.6.C, Revision of Application) or the Board of Adjustment or Town Council (see Section 2.4.7.D, Revision of Application) after such board has reviewed, but not yet taken action on the application. Additional application fees to defray the additional costs of processing the revised application may be required; or

c. To have the application reviewed under a new rule or ordinance change that went into effect after the applicant received a written notice of application submittal acceptance, but prior to receiving a written decision on the application. This revision option is limited to application types listed below, and additional application fees to defray the additional costs of processing the revised application may be required.

(1) Section 2.5.6, Subdivision Approvals;

(2) Section 2.5.8, Construction Plan Approval;

(3) Section 2.5.9, Floodplain Development Permit;

(4) Section 2.5.10, Riparian Buffer Development Review; and

(5) Section 2.5.11, Stormwater Management Permit.

2. Any other revisions to a development application may be submitted at any time during the review procedure, but the original application shall be withdrawn and the revised application shall be submitted and reviewed as a new application.

3. The revised application submittal may be subject to additional application fees to defray the additional costs of processing the revised application.

H. Application Withdrawal

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Planning Director or Town Engineer, as appropriate, but the application fee shall not be refunded.

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

2.4.4. Staff Review and Action

A. Referral of Application to Development Review Committee, Staff, and Review Agencies

If a development application is subject to review and comment by the Development Review Committee (see Table 2.3, Summary Table of Development Review Procedures), the Planning Director shall refer the application to Development Review Committee members for review and comments. In all other cases, the Planning Director or Town Engineer, as appropriate, shall refer the application to those Town staff members and review agencies deemed appropriate for review and comment on the application (which may include the Development Review Committee).

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B. Staff Review and Opportunity for Application Revision

1. Before preparing a staff report or making a decision on a development application, the Planning Director or Town Engineer, as appropriate, shall review the application, relevant support material, and any comments from the Development Review Committee and other staff and review agencies to which the application was referred.

2. If deficiencies in complying with this Ordinance are identified, the Planning Director or Town Engineer, as appropriate, shall notify the applicant of such deficiencies and provide the applicant a reasonable opportunity to discuss the deficiencies and revise the application to address them. The Planning Director or Town Engineer may also offer the applicant comments and suggestions regarding possible improvements to the proposed development that are not required by this Ordinance, provided the notice distinguishes such comments and suggestions from any identified compliance deficiencies.

3. The applicant shall respond to the notice within six months after being notified of compliance deficiencies by submitting a written request that the application be processed as submitted or by submitting a revised application. If the applicant fails to respond within six months, the application shall be considered withdrawn.

4. If the applicant submits a revised application, the Planning Director or Town Engineer, as appropriate, shall refer the application to the appropriate Town staff members and review agencies for review and comment and shall review any such comments received. At the discretion of the Planning Director or Town Engineer, as appropriate, the applicant may be provided the opportunity to revise the application further to address identified remaining compliance deficiencies.

(Ord. No. 2016-001, 05/10/2016)

C. Applications Subject to Staff Recommendation

1. Staff Report

If a development application is subject to staff review and a staff recommendation to the Board of Adjustment, Planning and Zoning Board, or Town Council (see Table Section 2.3, Summary of Development Review Procedures), the Planning Director shall prepare a written staff report. The staff report shall conclude whether the application complies with all applicable standards of this Ordinance and recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures. The staff report may identify and recommend conditions of approval addressing how compliance deficiencies might be corrected and adverse effects of the development proposal might be mitigated.

2. Distribution and Availability of Application and Staff Report

Within a reasonable time period before the meeting at which a development application is scheduled for review by the Board of Adjustment, Planning and Zoning Board, or Town Council, the Planning Director shall:

a. Schedule and verify any required public notice of the meeting in accordance with 2.4.5, Scheduling and Public Notice of Meetings;

b. Transmit the application, related materials, and the staff report to the Board of Adjustment, Planning and Zoning Board, or Town Council, as appropriate;

c. Transmit a copy of the staff report to the applicant; and

d. Make the application, related materials, and the staff report available for examination by the public during normal business hours, and make copies of such materials available at a reasonable cost.

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D. Applications Subject to Staff Decision

1. Decision

If a development application is subject to staff review and a final decision by the Planning Director or Town Engineer (see Table 2.3, Summary Table of Development Review Procedures), the Planning Director or Town Engineer, as appropriate, shall make one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures. The decision shall be in writing and shall clearly state reasons for a denial or for conditions of approval.

2. Conditions of Approval

Any conditions of approval shall be expressly set forth in the approval, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, and shall relate in both type and scope to the anticipated impacts of the proposed development.

2.4.5. Scheduling and Public Notice of Meetings

A. Scheduling

1. If a development application is subject to further review by the Board of Adjustment, Planning and Zoning Board, or Town Council (see Table 2.3, Summary Table of Development Review Procedures), the Planning Director shall ensure that the application is scheduled for either a regularly scheduled meeting of the board or a meeting specially called for that purpose by the board.

2. If public notice of the Board of Adjustment, Planning and Zoning Board, or Town Council meeting is required (see subsection B below), the application shall be scheduled for a meeting that allows sufficient time for preparation of a staff report and provision of the required public notice.

B. Public Notice

1. Notice Requirements

a. General

Public notice of meetings by the Board of Adjustment, Planning and Zoning Board, or Town Council on a development application shall be provided in accordance with Table 2.4.5.B.1: Public Notice Requirements, which shows the meetings for which public notice is required (by application type and board), the type(s) of notice required, the timing requirements for notices, and other requirements.

Table 2.4.5.B.1: Public Notice Requirements

Application Type Review Body

Meeting Posted Notice Mailed Notice Published Notice

Text Amendment Planning and Zoning Board (public comment session)

n/a n/a n/a

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Table 2.4.5.B.1: Public Notice Requirements

Application Type Review Body

Meeting Posted Notice Mailed Notice Published Notice

Town Council (public hearing)

The Planning Director shall prepare notice of the meeting and ensure that it is published in a newspaper having general circulation in the town for 2 successive calendar weeks before the meeting, with the first notice published at least 10 days, and not more than 25 days, before the meeting.

General Rezoning; Conditional Rezoning; Planned Development Rezoning; Site-Specific Development Plan; Development Agreement

Planning and Zoning Board (public comment session)

The Planning Director shall prepare notice of the meeting and ensure it is prominently posted on the application site or on an adjacent street right-of-way at least 10 days before the meeting.

The Planning Director shall prepare notice of the meeting and ensure it is mailed via first-class mail to the applicant and the owners of the application site and all properties located within 500 feet of the application site at least 10 days, and not more than 25 days, before the meeting date. (Also see subsection b(4) below.)

n/a

Town Council (public hearing)

The Planning Director shall prepare notice of the meeting and ensure that it is published in a newspaper having general circulation in the town for 2 successive calendar weeks before the meeting, with the first notice published at least 10 days, and not more than 25 days, before the meeting.

Conceptual Master Plan Approval

Planning and Zoning Board (public comment session) n/a n/a Town Council (public hearing)

Special Use Permit

Planning and Zoning Board (public comment session)

The Planning Director shall prepare notice of the meeting and ensure it is mailed via first-class mail to the applicant and the owners of the application site and all properties located within 500 feet of the application site at least 10 days, but not more than 25 days, before the meeting date.

The Planning Director shall prepare notice of the meeting and ensure that it is published in a newspaper having general circulation in the town at least 10 days before the meeting.

Town Council (public hearing)

Variance Board of Adjustment Planning and Zoning Board (public hearing)

Alternative Equivalent Compliance

Planning and Zoning Board (public comment session) n/a Town Council (public hearing)

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Table 2.4.5.B.1: Public Notice Requirements

Application Type Review Body

Meeting Posted Notice Mailed Notice Published Notice

Administrative Appeal

Planning and ZoninbZoning Board Board of Adjustment (public hearing)

If the appeal pertains to a particular site, the Planning Director shall prepare notice of the meeting and ensure it is prominently posted on the application site or on an adjacent street right-of-way at least 10 days before the meeting date.

The Planning Director shall prepare notice of the meeting and mail it via first-class mail to the applicant, the owners of the application site and all properties abutting the site (if the appeal pertains to a particular site), and the applicant for the decision being appealed, at least 10 days, but not more than 25 days, before the meeting date.

n/a

Right-of-Way Encroachment Agreement

Planning and Zoning Board (public comment session)

The Planning Director shall prepare notice of the meeting and ensure it is prominently posted on the application site or on an adjacent street right-of-way at least 10 days before the meeting.

The Planning Director shall prepare notice of the meeting and ensure it is mailed via first-class mail to the applicant and the owners of the application site and all properties located within 500 feet of the application site at least 10 days, but not more than 25 days, before the meeting date.

n/a

Town Council (public hearing)

(Ord. No. 2014-016, 06/24/2014; Ord. No. 2016-001, 05/10/2016)

b. Application of Notice Requirements

(1) In computing the required time periods for providing notices, the day the notice is published or postmarked shall not be included, but the day of the meeting shall be included.

(2) Required posted notices need not be posted on each parcel where an application site includes multiple contiguous parcels, provided a sufficient number of notices are posted to provide reasonable notice to interested persons passing by the site.

(3) The applicant shall provide mailing labels and stamps for required mailed notices. Unless evidence to the contrary exists, the names and mailing addresses for property owners required to be mailed notices shall be as shown on the most current Wake County or Durham County tax records, as appropriate.

(4) If a rezoning application directly affects more than 50 properties, owned by at least 50 different property owners, the Planning Director may elect to rely on the published notice instead of mailed notice for those affected property owners who reside in the area of the publishing newspaper’s general circulation—provided that each notice shall not be less than one-half of a newspaper page in size. Mailed notice shall continue to be required for all property owners who reside outside the area of the publishing newspaper’s general circulation.

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2. Notice Content

a. Posted Notices

Required posted notices shall, at a minimum:

(1) Identify the application type;

(2) Identify the date, time, and location of the meeting being noticed; and

(3) Comply with any other notice content requirements established by state law.

b. Mailed and Published Notices

Required mailed and published notices shall, at a minimum:

(1) Identify the application;

(2) Describe the nature and scope of the proposed development or action;

(3) Identify the location of land subject to the application;

(4) Identify the date, time, and location of the meeting being noticed; and

(5) Comply with any other notice content requirements established by state law.

3. Certification of Notice

The person or persons required to provide notice shall sign a certification that proper notice has been provided in fact. Such certificate shall be deemed conclusive in the absence of fraud.

C. Requests to Defer Scheduled and Noticed Review Meetings

1. An applicant may request that review of an application scheduled for review at a Board of Adjustment, or Planning and Zoning Board meeting be deferred in accordance with the following provisions.

a. The Planning Director may grant such a request for good cause shown provided the request is in writing, states the reasons for deferral, and is submitted to the Planning Director before any mailed notices are mailed and final arrangements for any published notice are made.

b. Any subsequent request for deferral shall be in writing, state the reasons for deferral, and be submitted directly to the body scheduled to review the application. The body shall consider such a request and may either grant the request for good cause shown or deny the request and proceed to hear public comments, review, and take action on the application. If the body grants the request for deferral, it shall concurrently identify the date and time of a subsequent meeting at which the application shall be scheduled for public comments and review. The application may be subject to additional application fees to defray additional costs of processing the application.

2. If an application has been scheduled for review at a Town Council meeting, such review shall not be deferred and shall take place unless the applicant withdraws the application before the meeting in accordance with Section 2.4.3.H, Application Withdrawal. (The applicant may resubmit the application as a new application for the proposed development in accordance with Section 2.4.3, Application Submittal, Acceptance, Revisions, and Withdrawal.)

2.4.6. Planning and Zoning Board Review and Recommendation

If a development application is subject to a recommendation by the Planning and Zoning Board (see Table 2.3, Summary Table of Development Review Procedures), the board shall review and act on the application in accordance with the following procedures.

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A. Public Comment Session

If the application is subject to a public comment session (see Table 2.3, Summary Table of Development Review Procedures), the Planning and Zoning Board shall hold a public comment session on the application in accordance with the following procedures.

1. On receiving proper recognition from the board’s Chair, any person may appear at the public comment session, either individually or as a representative of an organization, and submit documents, materials, and other written or oral testimony in support of or in opposition to the application.

2. Before start of the meeting, persons intending to speak at the public comment session shall register to speak, providing their name, home or business address, and if appearing on behalf of an organization, the name and mailing address of the organization. Persons actually speaking at the session shall begin by identifying themselves.

3. The person chairing the session may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

4. The board may, on its own motion or at the request of any person, continue the public comment session to a fixed date, time, and place, for good cause.

B. Review and Recommendation

1. The Planning and Zoning Board shall consider the application, relevant support materials, staff report, and any comments made at a public comment session (if required), and shall recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures.

2. The board shall clearly state the factors considered in making its recommendation and the basis or rationale for the recommended decision.

3. The board shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the town.

C. Revision of Application

1. After the Planning and Zoning Board has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The board may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff or the Planning and Zoning Board and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application.

2. Any other revisions to the application may be submitted, but the revised application shall be submitted to the Planning Director and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs.

2.4.7. Board of AdjustmentPlanning and Zoning Board or Town Council Review and Decision

If a development application is subject to a final decision by the Board of AdjustmentPlanning and Zoning Board or Town Council (see Table 2.3, Summary Table of Development Review Procedures), that body shall review and act on the application in accordance with the following procedures.

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A. Public Hearing Procedures

1. General

If the application is subject to a hearing (see Table 2.3, Summary Table of Development Review Procedures), the Board of AdjustmentPlanning and Zoning Board or Town Council, as appropriate, shall hold a hearing on the application in accordance with the following procedures.

a. On being properly recognized by the person chairing the hearing, any person may appear at the public hearing, either individually or as a representative of an organization, and submit documents, materials, and other written or oral testimony in support of or in opposition to the application.

b. Before start of the meeting, persons intending to speak at the public comment session shall register to speak, providing their name, home or business address, and if appearing on behalf of an organization, the name and mailing address of the organization. Persons actually speaking at the session shall begin by identifying themselves.

c. The person chairing the hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

d. The body conducting the hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place, for good cause.

e. The proceedings of the hearing shall be recorded by any appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording or make copies, at that person’s expense, in the Planning Department (for hearings conducted by the Board of AdjustmentPlanning and Zoning Board) or in the offices of the Town Clerk (for hearings conducted by the Town Council).

2. Quasi-Judicial Hearings

If the application being heard requires a quasi-judicial hearing (see Table 2.3, Summary Table of Development Review Procedures), the hearing shall be subject to the following additional procedures:

a. The applicant bears the burden of demonstrating that the application complies with applicable standards of this Ordinance, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the Town or other parties to show that the standards have not been met by the applicant.

b. The body conducting the hearing is not bound by the rules of evidence, or limited to consideration of evidence that is admissible in a court of law. It may consider all testimony and evidence it deems competent and material to the application under consideration, and may exclude testimony or evidence it determines to be irrelevant, immaterial, incompetent, unreliable, or unduly repetitious.

c. All persons who will testify at the hearing shall be sworn in or affirmed.

d. On being properly recognized by the person chairing the hearing, the applicant, Town staff, or other affected party may be granted an opportunity to ask questions of any other person who has testified at the hearing or to rebut any testimony, comments, documents, or materials presented by such person. Any such inquiry or rebuttal shall be limited to matters raised directly by the testimony being questioned or rebutted.

B. Review and Decision

The Board of AdjustmentPlanning and Zoning Board or Town Council shall consider the application, relevant support materials, staff report, the recommendation from the Planning and Zoning Board (if applicable), and any comments made at a public hearing (if required), and shall make one of the

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decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures.

1. The Board of AdjustmentPlanning and Zoning Board or Town Council shall clearly state the factors considered in its decision and the basis or rationale for the decision.

2. If the review involves a quasi-judicial hearing, the decision shall be reduced to writing, be signed by a duly authorized member of the Board of AdjustmentPlanning and Zoning Board or Town Council, as appropriate, include findings of fact based on competent, material, and substantial evidence presented at the hearing, reflect the determination of contested facts, and state how the findings support compliance with applicable review standards. The decision is effective upon its filing with the Planning Director (for Board of AdjustmentPlanning and Zoning Board decisions) or the Town Clerk (for Town Council decisions).

3. The Board of AdjustmentPlanning and Zoning Board or Town Council shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the town.

C. Conditions of Approval

Any conditions of approval shall be:

1. Expressly set forth in the approval;

2. Limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, Manuals referenced herein, or related approvals (e.g., conditional zoning, special use permit, etc.); or

3. Related in both type and scope to the anticipated impacts of the proposed development.

D. Revision of Application

1. After the Board of AdjustmentPlanning and Zoning Board or Town Council, as appropriate, has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The Board of AdjustmentPlanning and Zoning Board or Town Council, as appropriate, may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff, or the Planning and Zoning BoardBoard of Adjustment or, or Town Council, as appropriate, and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application.

2. Any other revisions to the application may be submitted, but the revised application shall be submitted to the Planning Director and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs.

(Ord. No. 2016-001, 05/10/2016

2.4.8. Post-Decision Actions and Limitations

A. Notice of Decision

1. Within ten calendar days after a final decision on a development application, the Planning Director shall provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public in the Planning Department during normal business hours.

2. If the review involves a quasi-judicial hearing, the Planning Director shall, within ten days after a final decision on the application, also provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of application site, the applicant (if different than the owner), and to any person who has submitted a written request for a copy of the decision

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before its effective date. The Planning Director shall also certify that the copy of the decision has been provided.

(Ord. No. 2016-001, 05/10/2016)

B. Appeal

1. A party aggrieved or adversely affected by any final decision on an application by the Town Council or Board of AdjustmentPlanning and Zoning Board may seek review of the decision in the courts in accordance with applicable state law, provided that the appeal shall be filed with the clerk of the Superior Court of Wake County or Durham County, as appropriate, within 30 days after the decision is effective or the date a written notice of decision or copy of the decision has been provided in accordance with subsection A above. If the notice of decision or copy of the decision was provided via first class mail, three days shall be added to filing deadline.

2. A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Section 2.5.22, Administrative Appeal.

C. Effect of Approval

1. Authorized Activity

a. Approval of any development application in accordance with this Ordinance authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application.

b. If one development permit or approval is a prerequisite to another permit or approval (e.g., variance approval prior to a site plan approval), development may not take place until all required permits and approvals are obtained. Approval of one application does not necessarily guarantee approval of any subsequent application.

2. Expiration of Approval

a. A development application approval shall be valid as authorization for the approved activity until the end of the expiration time period provided in Section 2.5, Application-Specific Review Procedures, for the particular type of application.

b. A change in ownership of the land shall not affect the established expiration time period of an approval.

D. Modification or Amendment of Approval

Unless otherwise provided in Section 2.5, Application-Specific Review Procedures, for the particular type of application, any modifications of approved plans or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of application.

E. Limitation on Subsequent Similar Applications

1. If an application requiring a public hearing is denied or withdrawn after provision of or final arrangement for required notice of the public hearing meeting, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of the denial or withdrawal unless the decision-making body waives this time limit in accordance with subsection 2 below.

2. The owner of land subject to the time limit provided in subsection 1 above, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the Planning Director, who shall transmit the request to the decision-making body. The decision-making body may grant a waiver of the time limit only if two-thirds of its membership finds that the owner or agent has demonstrated that:

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a. There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

b. New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

c. The new application proposed to be submitted is materially different from the prior application; or

d. The final decision on the prior application was based on a material mistake of fact.

SECTION 2.5. APPLICATION-SPECIFIC REVIEW PROCEDURES

2.5.1. General

This section sets forth supplemental procedures, standards, and related information for each development application reviewed under this Ordinance, as listed in Table 2.3, Summary Table of Development Review Procedures. They state the purpose of the subsection and set forth the applicable review procedure by reference to the standard procedures in Section 2.1, Purpose and Organization of this Article, including any variations of, or additions to, the standard procedures. This is followed by the review standards for the application, and any variations of, or additions to, provisions in the standard procedures that address the expiration and amendment of approvals.

2.5.2. Text Amendment

A. Applicability

The procedures and standards in this subsection apply to the review of any proposal to revise the text of this Ordinance.

B. Text Amendment Procedure

Figure 2.5.2.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Text Amendment applications and note any specific variations of, or additions to, those review steps.

1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3 except that an application may be initiated only by the Planning Director, Planning and Zoning Board, or Town Council.

2. Staff Review and Recommendation

The Planning Director shall review the application and prepare a staff report and recommendation in accordance with Section 2.4.4.

Text Amendment

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 2.5.2.B

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2.5.3. Rezoning

A. Applicability

1. The procedure and standards in this subsection apply to the review of any proposal to revise the Zoning Map to change the zoning district classification applicable to a particular parcel, portion of a parcel, or group of parcels.

2. An application for Conceptual Master Plan Approval may be submitted and reviewed concurrently with an application for Conditional Rezoning (see Section 2.5.4). In such a case, the Town Council shall decide the Conceptual Master Plan Approval application concurrently with its decision on the Conditional Rezoning application, and the approved Conceptual Master Plan Approval application—including any conditions of such approval agreed to by the applicant and subject to the post-decision actions and limitations in Section 2.5.4.C.7, shall constitute a condition of the Conditional Rezoning application and approval.

B. General, Conditional, and Planned Development Rezonings Distinguished

There are three types of rezoning authorized by this Ordinance: General Rezonings; Conditional Rezonings; and Planned Development Rezonings.

1. A General Rezoning reclassifies land to a base zoning district and subjects future development in the district to all the development regulations applicable to that district, including allowance of the full range of uses and development intensity permitted in the district.

2. A Conditional Rezoning reclassifies land to a conditional zoning district that is parallel to a base zoning district and subjects future development in the district to the same development regulations applicable to the parallel base district except as modified by conditions that:

a. Are proposed or agreed to by the owner(s) of the subject land;

b. Incorporate any proposed modifications to use, intensity, or development standards applicable in the parallel base district; and

c. Are limited to conditions that address conformance of the allowable development and use of the rezoning site with Town regulations and adopted plans, and impacts reasonably expected to be generated by the allowable development or use of the site.

3. A Planned Development Rezoning reclassifies land to a Planned Development (PD) zoning district for which applicable development regulations are defined by a Planned Development plan and agreement (PD Plan/Agreement). Subsequent development with a PD district occurs through Subdivision Approval and Site Plan Approval procedures and standards, which ensure compliance with the PD Plan/Agreement.

C. Rezoning Procedure

Figures 2.5.3.C-1, 2.5.3.C-2, and 2.5.3.C-3 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of General Rezoning, Conditional Rezoning, and Planned Development Rezoning applications and note any specific variations of, or additions to, those review steps.

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(1) Minor Site Plan Approval procedure rather than the Major Site Plan Approval procedure; or

(2) Type 2 Subdivision Preliminary Plat Approval and Final Plat procedures rather the Type 1 Subdivision Preliminary Approval and Final Plat procedures, provided all owners execute the Statement of Voluntary Compliance in Section 5.9.7.C.2 of this Ordinance, if single-family attached, detached, or duplex development is proposed.

(Ord. No. 2016-001, 05/10/2016)

C. Conceptual Master Plan Approval Procedure

Figure 2.5.4.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Conceptual Master Plan Approval application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. 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 2.4.4.

4. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for Planning and Zoning Board and Town Council meetings in accordance with Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application, hold a public information session, and make a recommendation in accordance with Section 2.4.6.

6. Town Council Review and Decision

The Town Council shall review the application, hold a standard public hearing, and decide the application in accordance with Section 2.4.7. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Deny the application;

d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

7. Post-Decision Actions and Limitations

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

Conceptual Master Plan Approval authorizes the subsequent submittal of applications for subsequent development approvals required to undertake and complete the development proposed by the approved Conceptual Master Plan. Such applications shall be subject to staff

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approval only, including those for a Type 2 Subdivision Preliminary Plat Approval, Minor Site Plan Approval, and Construction Plan Approval. Conceptual Master Plan Approval does not itself authorize specific development activity.

b. Expiration of Approval

Conceptual Master Plan Approval shall expire if no application for a development approval required to undertake the development proposed by the approved Conceptual Master Plan, or an approved phase thereof, is approved and vested within five years after the date of Conceptual Master Plan Approval.

c. Minor Changes from Conceptual Master Plan Approval Allowed

(1) Subsequent development applications may incorporate minor changes from the development defined by the Conceptual Master Plan Approval, without the need to amend the Conceptual Master Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(A) Continue to comply with this Ordinance;

(B) Are necessary to comply with conditions of approval; or

(C) Are consistent with the Conceptual Master Plan Approval. Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Conceptual Master Plan Approval.

(2) In any case, the following changes from the Conceptual Master Plan Approval shall constitute a major change requiring amendment of the Conceptual Master Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval:

(A) A change in a condition of approval;

(B) An increase greater than 20 percent in residential density;

(C) An increase greater than 20 percent in total nonresidential floor area;

(D) An increase greater than ten percent in the amount of land devoted to nonresidential uses; and

(E) A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(Ord. No. 2016-001, 05/10/2016)

D. Conceptual Master Plan Approval Review Standards

A Conceptual Master Plan Approval application shall be approved only if the Town Council determines that the proposed development complies with the applicable standards in this Ordinance to the extent determinable for a conceptual plan—specifically that:

1. Proposed uses and development intensities are consistent with applicable district and use standards and do not preclude compliance with this Ordinance’s specific use, intensity, and dimensional standards;

2. Proposed layouts of vehicular circulation routes are consistent with the purposes and intent of the general access and circulation standards of this Ordinance, and do not preclude compliance with the Ordinance’s more detailed access and circulation standards;

3. The proposed size, layout, and timing of water, sewer, and other major infrastructure systems are consistent with the general infrastructure standards of this Ordinance, and do not preclude compliance with the Ordinance’s more detailed infrastructure standards;

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4. The proposed size and arrangement of developed areas in relationship to drainage systems on and adjacent to the site are consistent with the purposes and intent of the general stormwater management and water quality standards of this Ordinance, and do not preclude compliance with this Ordinance’s more detailed stormwater and water quality standards;

5. The proposed size and arrangement of major open space areas and developed areas are consistent with the general open space and natural resource protection standards in this Ordinance, and do not preclude compliance with this Ordinance’s specific open space and natural resource standards;

6. The proposed arrangement of other development elements are consistent with the purposes and intent of the general development standards of this Ordinance, and do not preclude compliance with the Ordinance’s more detailed development and design standards; and

7. The proposed types and arrangements of uses, development intensities, and major development elements would allow the development to be compatible with existing and proposed surrounding uses and developments.

(Ord. No. 2014-051, 11/10/2014)

2.5.5. Special Use Permit

A. Purpose

A use designated as a Special Use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this section is to establish a mechanism to review Special Uses to ensure they are appropriate as and where proposed.

B. Applicability

1. The procedure and standards in this subsection apply to the review of any proposed development involving a Special Use as designated in the Use Tables in Section 4.2.4, or proposed development for which a Special Use Permit is required by any other provision of this Ordinance.

2. An application for a Special Use Permit may be submitted and reviewed concurrently with an application for Minor Site Plan Approval (and any other application submitted and reviewed concurrently with the Minor Site Plan Approval application, except in cases where an applicant is requesting designation of a Site-Specific Development Plan).

(Ord. No. 2016-001, 05/10/2016)

C. Special Use Permit Procedure

Figure 2.5.5.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Special Use Permit application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

Special Use Permit

Town Council Review and Decision

with quasi-judicial 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 2.5.5.C

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2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. 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 2.4.4.

4. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for Planning and Zoning Board and Town Council meetings, in accordance with Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application, hold a public comment session, and make a recommendation in accordance with Section 2.4.6.

6.5. Town Council Review and Decision

The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions.

a. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application;

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

7.6. Post-Decision Actions and Limitations

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Issuance and Recordation of Special Use Permit

(1) If the Special Use Permit application is approved, the Planning Director shall issue the applicant a Special Use Permit that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval.

(2) On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), the applicant shall record the Special Use Permit with the Register of Deeds for the county in which the development site is located and return a copy of the recorded Special Use Permit to the Planning Director.

b. Effect of Approval

Approval and recordation of a Special Use Permit application allows approval of a concurrently-reviewed Site Plan Approval application for the same development, and authorizes submittal of other development applications that may be required before construction or use of the development authorized by the approved Special Use Permit.

c. Expiration of Approval

(1) Approval of a Special Use Permit application shall expire if the Special Use Permit is not recorded in the appropriate county Register of Deeds in accordance with subsection a

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2. The proposed development will comply with all regulations and standards generally applicable within the zoning district and specifically applicable to the particular type of Special Use;

3. The proposed development will not substantially injure the value of adjoining property, or is a public necessity;

4. The proposed development will be in harmony with the intensity, scale, and character of development existing or planned in the surrounding area;

5. The proposed development will not cause undue traffic congestion or create a traffic hazard;

6. The proposed development will not generate needs for transportation, water supply, sewage disposal, fire and police protection, and similar public services that cannot be adequately handled by available infrastructure and facilities;

7. The proposed development will be consistent with the Comprehensive Plan.

(Ord. No. 2015-002, 04/29/2015)

2.5.6. Subdivision Approvals

A. Applicability

1. General

The procedure and standards in this subsection apply to the review of any proposed subdivision, as defined in Section 11.5, Terms and Uses Defined, including the development of open space, streets, other public infrastructure improvements, and private utility improvements proposed or required to serve the future development of subdivided lots and parcels.

2. Subdivisions Distinguished

a. Type 1 Preliminary Plat

All preliminary plats proposing single-family detached, attached, or duplex dwellings submitted under this Ordinance shall be reviewed and decided in accordance with the procedures and standards in Section 2.5.6.B.1, Type 1 Preliminary Plat Approval Procedure and Section 2.5.6.C, Final Plat Approval.

b. Type 2 Preliminary Plat

(1) With the exception of subdivisions associated with a Planned Development District or a Conceptual Master Plan Approval, if all property owners provide an executed Statement of Voluntary Compliance in accordance with Section 5.9.7.B.2 of this Ordinance and Section 2.5.6.C, Final Plat Approval, plats proposing single-family detached, attached, or duplex dwellings may be reviewed and decided in accordance with Section 2.5.6.B.2, Type 2 Subdivision Preliminary Plat Approval Procedure.

(2) All preliminary plats associated with a Minor Site Plan or Major Site Plan for non-residential development shalluses other than those identified in subsection 2.5.6.A.2.b.(1) <> shall be reviewed and decided in accordance with the procedures and standards in Section 2.5.6.B.2, Type 2 Subdivision Preliminary Plat Approval Procedure, and Section 2.5.6.C, Final Plat Approval.

c. Subdivision Exclusions

A Subdivision Exclusion is any division of land that is proposed as one of the activities specifically listed as excluded from the definition of “subdivision” in Section 11.5, Terms and Uses Defined, and thus from the subdivision procedures and standards in this Ordinance. Determination of Subdivision Exclusion in accordance with Section 2.5.6.D is required before

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recordation of any division of land claimed to be excluded from regulation as a subdivision under this Ordinance.  

3. Concurrent Applications

Applications for Type 1 Subdivision Preliminary Plat Approval or Type 2 Subdivision Preliminary Plat Approval may be submitted and reviewed concurrently with an application for Construction Plan Approval, Administrative Adjustment, or Alternative Equivalent Compliance. An application for Determination of Subdivision Exclusion may be submitted and reviewed concurrently with any development application.

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

B. Preliminary Plat Approvals

1. Type 1 Preliminary Plat Approval Procedure

Figure 2.5.6.B.1 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Type 1 Subdivision Preliminary Plat Approval application and note any specific variations of, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

c. 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 2.4.4.

d. Scheduling and Public Notice of Meetings

The application shall be scheduled for Planning and Zoning Board and Town Council meetings in accordance with Section 2.4.5.

e. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6.

f. Town Council Review and Decision

The Town Council shall review the application and decide the application in accordance with Section 2.4.7. The Town Council’s decision on an application for Type 1 Subdivision Preliminary Plat Approval shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application; or

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require additional review fees.)

Type 1 Subdivision Preliminary Plat

Approval

Town Council Review and Decision

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

Figure 2.5.6.B.1

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2. Type 2 Subdivision Preliminary Plat Approval Procedure

Figure 2.5.6.B.2 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Type 2 Subdivision Preliminary Plat Approval application and note any specific variations of, or additions to, those review steps.

a. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

b. Staff Review and Decision

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions; or

(3) Deny the application.

c. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Effect of Approval

Type 2 Subdivision Preliminary Plat Approval does not authorize specific development activity, but does authorize the submittal of applications for Construction Plan Approval (Section 2.5.7) and other development permits and approvals required to construct or install the public infrastructure and private utility improvements proposed to serve the subdivision or an approved phase of the subdivision (see Section 8.1.2 Phasing of Development).

(2) Expiration of Approval

(A) Type 2 Subdivision Preliminary Plat Approval shall expire if no significant work is done or development is made for the subdivision, or an approved phase of the subdivision, within two years after the date of Preliminary Plat Approval.

(B) If significant work is completed or development is made for a phase of the subdivision, Type 2 Subdivision Preliminary Plat Approval shall expire if no significant work is done or development is made for any remaining phases of the subdivision within two years after recordation of the last Final Plat for a phase of the subdivision in which significant work was completed or development was made.

(C) Failure to comply with the executed Statement of Voluntary Compliance is a violation of this Ordinance and shall void the Type 2 Preliminary Plat Approval.

Type 2 Subdivision Preliminary Plat

Approval

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

with DRC review

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.6.B.2

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C. Final Plat Approval

1. Final Plat Approval Procedure

Figure 2.5.6.C.1 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Final Plat Approval application and note any specific variations of, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that no application shall be submitted unless:

(1) Type 1 Subdivision Preliminary Plat Approval or Type 2 Preliminary Plat Approval for the subdivision has been obtained and is unexpired and otherwise valid;

(2) Construction Plan Approval for all public infrastructure and private utility improvements required has been obtained and is unexpired and otherwise valid; and

(3) Construction or installation of the approved improvements has been ensured by one or a combination of the following:

(A) Completion of the construction or installation of approved improvements and acceptance of the improvements by the appropriate agency;

(B) Payment to the Town of funds in lieu of required street construction in accordance with Section 8.1.3, Alternatives in Lieu of Construction of Public Street; and/or

(C) Provision of performance and maintenance guarantees ensuring the construction and acceptance of approved improvements in accordance with Section 8.1.5 <> Performance Guarantees and Section 8.2.2, Maintenance Guarantees.

c. Staff Review and Recommendation

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions; or

(3) Deny the application.

d. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

Final Plat Approval

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.6.C.1

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D. Determination of Subdivision Exclusion

1. Determination of Subdivision Exclusion Procedure

Figure 2.5.6.H.1 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Determination of Subdivision Exclusion application and note any specific variations of, or additions to, those review steps.

a. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund.

b. Staff Review and Decision

(1) The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

(A) Determination that the proposed division of land is not a subdivision subject to regulation under this Ordinance; or

(B) Determination that the proposed division of land is a subdivision subject to regulation under this Ordinance.

(2) On determining that the proposed division of land is a subdivision subject to regulation under this Ordinance, the Planning Director shall direct the applicant to the Type 1 Subdivision Preliminary Plat Approval procedure or the Type 2 Subdivision Preliminary Plat Approval procedure, as appropriate.

c. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Certification and Recordation of Approved Subdivision Exclusion Plat

If the Planning Director determines that the proposed division of land is not a subdivision subject to regulation under this Ordinance and the applicant wishes to record a plat of the division, the applicant shall submit the plat to the Planning Director, who shall certify on the plat the Town’s determination that the plat is not subject to subdivision regulation under this Ordinance. The applicant may then record the certified Subdivision Exclusion plat with the Register of Deeds for the county in which the development site is located and shall return a copy of the recorded plat to the Planning Director.

(2) Effect of Approval

Recordation of a certified Subdivision Exclusion Plat authorizes the applicant to convey the platted lots by reference to the recorded plat. It also authorizes the owners of recorded lots to submit applications for a Building Permit or other development permit or approval required to develop the lot, provided all dedications and public infrastructure and private utility improvements required to serve the lot have been completed and accepted by the appropriate agency.

Determination of Subdivision Exclusion

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

Application Submittal and Acceptance

Pre-Application Conference)

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.6.E.1

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(3) Expiration of Approval

If the applicant fails to record the plat within 30 days after the date of approval, the Determination of Subdivision Exclusion shall become invalid. A recorded Subdivision Exclusion plat shall not expire.

2. Subdivision Exclusion Review Standards

An application for a Determination of Subdivision Exclusion shall be approved only if the Planning Director determines that the proposed division of land falls within the one of the activities specially listed as excluded from the definition of “subdivision” in Section 11.5, Terms and Uses Defined.

(Ord. No. 2016-001, 05/10/2016)

2.5.7. Site Plan Approval

A. Applicability

1. The procedure and standards in this subsection apply to the review of applications for Major Site Plan Approval and Minor Site Plan Approval. Site Plan Approval shall be required for all development, unless exempted in accordance with subsection 3 below, before submittal of an application for Construction Plan Approval, unless the applicant elects to submit applications for both Site Plan Approval and Construction Plan Approval for concurrent review in accordance with subsection 2 below.

2. For developments requiring both Site Plan Approval and Construction Plan Approval, the applicant may submit an application for Construction Plan Approval concurrently with an application for Site Plan Approval. In such a case, Town staff shall review the more detailed Construction Plan Approval application concurrently with the Site Plan Approval application, but the Town Engineer shall not decide the Construction Plan Approval application until after the Site Plan Approval application is decided by either the Planning Director or the Town Council, as appropriate.

3. The following development is exempt from the requirements of this section:

a. Internal construction that does not increase gross floor area or structure height, increase the density or intensity of use, or affect parking or landscaping requirements;

b. Accessory apartments;

c. Nonhabitable detached accessory structures associated with and located on the same lot as single-family detached, attached, duplex, or manufactured home dwellings;

d. New manufactured home dwellings; and

e. Additions to single-family detached, attached, and duplex dwellings.

4. Unless exempted in accordance with subsection 3 above, Major Site Plan Approval shall be required for development of any principal use designated in Table 4.2.4, Principal Use Table, as permitted with Major Site Plan Approval by Town Council (unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5).

5.4. Minor Site Plan Approval shall be required for any of the following developments unless exempted in accordance with subsection 3 above:

a. Development in accordance with a valid PD Plan/Agreement;

b. Development in accordance with a valid Conceptual Master Plan Approval;

c. Development in accordance with a valid Special Use Permit approval;

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d. Development of any principal use designated in Table 4.2.4, Principal Use Table, as permitted with Minor Site Plan Approval by Town staff;

e. Accessory uses and structures;

f. Temporary uses and structures; and

g. Single-family detached, attached, or duplex dwellings where the landowner has executed a Statement of Voluntary Compliance in accordance with Section 5.9.7.B.2.

6.5. An application for Major Site Plan Approval or Minor Site Plan Approval, as appropriate, Site Plan Approval may be submitted and reviewed concurrently with an application for Construction Plan Approval in accordance with subsection 2 above, or with applications for a Special Use Permit, Floodplain Management Permit, Stormwater Permit, Administrative Adjustment, Alternative Equivalent Compliance, or Site-Specific Development Plan Designation.

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

B. Major Site Plan Approval Procedure

Figure 2.5.7.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Major Site Approval application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. 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 2.4.4.

4. 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 Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6.

6. Town Council Review and Decision

The Town Council shall review and decide the application in accordance with Section 2.4.7. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Deny the application; or

Major Site Plan Approval

Town Council Review and Decision

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

Figure 2.5.7.B

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d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require additional review fees.)

7. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

Major Site Plan Approval allows the approval of any concurrently-reviewed applications for Construction Plan Approval, Floodplain Management Permit, Stormwater Management Permit, Administrative Adjustment, Alternative Equivalent Compliance, or Site-specific Development Plan Designation for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Major Site Plan Approval.

b. Expiration of Approval

A Major Site Plan Approval shall expire if no significant work is done or development is made within two years after the date of Major Site Plan Approval.

c. Minor Changes Allowed

(1) Subsequent development applications may incorporate minor changes from the development defined by the Major Site Plan Approval without the need to amend the Major Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(A) Continue to comply with this Ordinance;

(B) Are necessary to comply with conditions of approval; or

(C) Are consistent with the Major Site Plan Approval. Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Major Site Plan Approval.

(2) In any case, the following changes from the Major Site Plan Approval shall constitute a major change requiring amendment of the Minor Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval:

(A) A change in a condition of approval;

(B) An increase greater than 20 percent in residential density;

(C) An increase greater than 20 percent in total nonresidential floor area;

(D) An increase greater than 20 percent in the height of a structure;

(E) An increase greater than ten percent in the amount of land devoted to nonresidential uses;

(F) A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

(G) A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(3) Applications for multifamily development determined to be complete in accordance with Section 2.4.3.F, Determination of Application Completeness, on or before July 28, 2015 may only seek approval of a minor change from the standards in Section 5.9.4, Exterior Facade Materials and Colors for All Development, Section 5.9.8, Building and Design

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Standards for Multifamily Development, Section 5.9.9, Building and Design Standards for the Transit-Oriented Development (TOD) District, or Section 5.9.10, Building and Design Standards for Town Center Development, after complying with the standards in Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area.

(Ord. No. 2016-001, 05/10/2016)

C.B. Minor Site Plan Approval Procedure

Figure 2.5.7.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Minor Site Approval application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. Staff Review and Decision

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions; or

c. Deny the application.

4. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

Minor Site Plan Approval allows the approval of any concurrently-reviewed applications for Construction Plan Approval, Floodplain Management Permit, Stormwater Management Permit, Administrative Adjustment, Alternative Equivalent Compliance, or Site-specific Development Plan Designation for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Minor Site Plan Approval.

b. Expiration of Approval

A Minor Site Plan Approval shall expire if no significant work is done or development is made within two years after the date of Minor Site Plan Approval.

c. Minor Changes Allowed

(1) Subsequent development applications may incorporate minor changes from the development defined by the Minor Site Plan Approval without the need to amend the Minor Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(A) Continue to comply with this Ordinance;

Minor Site Plan Approval

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

with DRC review

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.7.C

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(B) Are necessary to comply with conditions of approval; or

(C) Are consistent with the Minor Site Plan approval or any prior Town Council approval on which it was based (e.g., PD Plan/Agreement approval, Conceptual Master Plan Approval, Major Site Plan Approval). Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Minor Site Plan Approval or any prior Town Council approval on which it was based.

(2) In any case, the following changes from the Minor Site Plan Approval or any prior Town Council approval on which it was based shall constitute a major change requiring amendment of the Minor Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval:

(A) A change in a condition of approval;

(B) An increase greater than 20 percent in residential density;

(C) An increase greater than 20 percent in total nonresidential floor area;

(D) An increase greater than 20 percent in the height of a structure;

(E) An increase greater than ten percent in the amount of land devoted to nonresidential uses;

(F) A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

(G) A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(3) Applications for multifamily development determined to be complete in accordance with Section 2.4.3.F, Determination of Application Completeness, on or before July 28, 2015 may only seek approval of a minor change from the standards in Section 5.9.4, Exterior Facade Materials and Colors for All Development, Section 5.9.8, Building and Design Standards for Multifamily Development, Section 5.9.9, Building and Design Standards for the Transit-Oriented Development (TOD) District, or Section 5.9.10, Building and Design Standards for Town Center Development, after complying with the standards in Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area.

(Ord. No. 2016-001, 05/10/2016)

D.C. Site Plan Approval Standards

An application for Major Site Plan Approval or Minor Site Plan Approval shall be approved only if the Town Council or Planning Director , as appropriate, determines that the Site Plan:

1. Identifies tree protection areas as required in Section 5.4.5, Tree Protection Plan and Tree Protection Areas;

2. Complies with applicable district standards in Article Zoning Districts, and applicable use standards in Article 4: Use Standards;

3. Complies with the provisions of the Statement of Voluntary Compliance in Section 5.9.7.B.2 of this Ordinance, if applicable;

4. Complies with applicable standards in Article 5: Development Standards, Article 6: Riparian Buffers, Article 7: Stormwater Management, and Article 8: Performance and Maintenance;

5. Complies with all other applicable standards in this Ordinance;

6. Complies with all other applicable Town ordinances and state and federal laws; and

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7. Complies with all requirements and conditions of approval of any prior development permits or approvals.

(Ord. No. 2016-001, 05/10/2016)

2.5.8. Construction Plan Approval

A. Applicability

1. The procedure and standards in this subsection apply to the review of applications for Construction Plan Approval, which shall be required before issuance of a Building Permit or Certificate of Compliance/Occupancy for any development involving grading, construction of infrastructure and utility improvements, or other land disturbance. Construction Plan Approval shall also be required before submittal of an application for Final Plat Approval that includes infrastructure or utility improvements unless construction and acceptance of the improvements is ensured by performance and maintenance guarantees.

An application for Construction Plan Approval shall be submitted and reviewed concurrently with an application for Stormwater Management Development Approval. It may be submitted and reviewed concurrently with an application for Major Site Plan Approval, Minor Site Plan Approval, Type 1 Subdivision Preliminary Plat Approval, Type 2 Subdivision Preliminary Plat Approval, Floodplain Development Permit, Administrative Adjustment, or Alternative Equivalent Compliance.

(Ord. No. 2016-001, 05/10/2016)

B. Construction Plan Approval Procedure

Figure 2.5.8.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Construction Plan Approval application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. Staff Review and Decision

The Town Engineer shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Issue a Letter of Conditional Construction Plan Approval; or

d. Deny the application.

Construction Plan Approval

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Town Engineer Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.8.B

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4. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

Construction Plan Approval allows the approval of any concurrently-reviewed applications for Floodplain Management Permit or Administrative Adjustment for the same development. It also authorizes submittal of an application for Building Permit for construction of approved buildings and structures, construction of approved site improvements, and other approved land disturbing activities.

b. Expiration of Approval

(1) Except of as otherwise provided in subsection (2) below, Construction Plan Approval shall automatically expire if the associated development application approval expires, is revoked, or otherwise becomes invalid. If there is no associated application, the Construction Plan Approval does not expire.

(2) A Letter of Conditional Construction Plan Approval shall expire six months from the date of issuance.

c. Minor Modifications Allowed

(1) The applicant may request, and the Town Engineer may approve, minor deviations from the approved Construction Plan where the applicant demonstrates that such deviations:

(A) Do not affect the overall development concept of the approved Construction Plan;

(B) Do not impede or prevent construction of infrastructure serving either the development or region;

(C) Will not result in substantially greater long-term maintenance costs for the Town;

(D) Are necessitated by physical or construction difficulties, or by application of best engineering and management practices; and

(E) Are consistent with the Construction Plan Approval and any prior Town Council approval on which the Construction Plan approval was based (e.g., Type 1 Subdivision Preliminary Plan Approval, or Major Site Plan Approval).

(2) The request shall be in writing, include a detailed justification for the requested deviations, and be accompanied by the appropriate revised Construction Plan Approval sheets or bulleted drawings, as determined by the Town Engineer.

(3) If the Town Engineer approves the requested deviations, the revised Construction Plan shall be modified to meet as-built submittal requirements for certifications and signatures.

(4) Any change from the approved Construction Plan other than those authorized in subsection (1) above requires a new application for Construction Plan Approval.

d. Inspections

Town staff and agents may inspect sites undergoing development authorized by Construction Plan Approval to determine whether development activities conform to approved plans and whether adequate measures are in place to control off-site contamination and other adverse impacts from constructions activities.

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C. Construction Plan Approval Review Standards

An application for Construction Plan Approval shall be approved only if the Town Engineer determines that all infrastructure and utility improvements serving the development have been approved by the appropriate agency, and that the Construction Plan:

1. Identifies tree protection areas as required in Section 5.4.5, Tree Protection Plan and Tree Protection Areas;

2. Complies with applicable standards in Article 5: Development Standards, Article 6: Riparian Buffers, Article 7: Stormwater Management, and Article 8: Performance and Maintenance;

3. Complies with all other applicable standards in this Ordinance;

4. Complies with the Engineering Design and Construction Manual;

5. Complies with all other applicable Town ordinances and state and federal laws;

6. Complies with all requirements and conditions of approval of any prior development permits or approvals.

2.5.9. Floodplain Development Permit

A. Applicability

1. The procedure and standards in this subsection apply to the review of applications for a Floodplain Development Permit, which shall be required before commencement of any development activities within Floodplain Overlay (FO) districts.

2. An application for a Floodplain Development Permit may be submitted and reviewed concurrently with applications for Site Plan Approval, Construction Plan Approval, or Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance.

B. Floodplain Development Permit Procedure

Figure 2.5.9.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Floodplain Development Permit application and note any specific variations of, or additions to, those review steps.

1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that the application shall include certificates of reference level elevations and any proposed floodproofing. (See Section 5.6, Floodplain Management.)

2. Staff Review and Decision

The Town Engineer shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions; or

c. Deny the application.

Floodplain Development Permit

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Town Engineer Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.9.B

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2. Signs Exempt from Regulation

Signs exempt from the signage regulations of this Ordinance are listed in Section 5.16.2.B, Exemptions.

3. Signs Exempt from Sign Permit Requirement

Signs subject to this Ordinance’s signage standards, but exempt from the requirement for a Sign Permit are listed in Section 5.16.2.C, Signs Not Requiring a Sign Permit.

B. Sign Permit Procedure

Figure 2.5.12.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Sign Permit application and note any specific variations of, or additions to, those review steps.

1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

2. Staff Review and Decision

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions; or

c. Deny the application.

3. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

A Sign Permit authorizes submittal of an application for an Electrical Permit for approved signage involving electrical power, and the erection, installation, construction, alteration, or moving of approved signage.

b. Expiration of Approval

A Sign Permit shall expire if the approved signage is not erected, installed, constructed, altered, or moved within six months after the date of Sign Permit Approval.

C. Sign Permit Review Standards

An application for a Sign Permit shall be approved only if the Planning Director determines that the proposed sign complies with all applicable standards in Section 5.16, Signage.

2.5.13. Building Permit

A. Building Permits are approved and issued by the Building Official in accordance with review procedures and construction standards in the State Building Code. A Building Permit is required before construction, erection, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, or demolition of any building or structure. It certifies that plans for such activity demonstrate compliance with the construction standards in the Building Code.

Sign Permit

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Planning Director Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.12.B

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B. No Building Permit shall be issued for a structure unless it is in accordance with all prior approvals.

2.5.14. Certificate of Compliance/Occupancy

A. Certificates of Compliance/Occupancy are approved and issued by the Building Official in accordance with review procedures and standards in the State Building Code. A Certificate of Compliance/Occupancy is required before a structure being developed in accordance with a Building Permit may be occupied or used for its authorized purpose. It certifies that work on the structure is completed in compliance with the Building Code and the terms and conditions of a Building Permit, but also in compliance with all other applicable Town regulations, including those in this Ordinance. A Certificate of Compliance/Occupancy serves as a final check on a structure’s compliance with the requirements of this Ordinance. Approval and issuance of a Certificate of Compliance/Occupancy does not preclude any responsibilities to obtain licenses and other approvals.

B. No Certificate of Compliance/Occupancy shall be issued for a structure except in accordance with all prior approvals. Issuance of a Certificate of Compliance/Occupancy does not preclude requirements for licenses and other approvals.

2.5.15. Interpretation

A. Purpose

The purpose of this section is to provide a uniform mechanism for rendering formal written interpretations of this Ordinance.

B. Authority

Responsibility for making interpretations of provisions of this Ordinance is assigned as follows:

1. The Planning Director shall be responsible for all interpretations of the zoning and subdivision provisions in the text of this Ordinance, including, but not limited to, interpretations of compliance with a condition of approval, and interpretations of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district. The Planning Director shall also be responsible for interpretations of the zoning district boundaries on the Official Zoning Map.

2. The Town Engineer shall be responsible for all interpretations of the riparian buffer, stormwater management, and engineering provisions in the text of this Ordinance.

3. The Building Official shall be responsible for all interpretations of Building Code provisions as they relate to this Ordinance including interpretations relating to issuance of a Certificate of Compliance/Occupancy.

C. Interpretation Procedure

Figure 2.5.15.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Interpretation application and note any specific variations of, or additions to, those review steps.

Interpretation

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Planning Director Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.15.C

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1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn or revised, in accordance with Section 2.4.3, except that it may be initiated by the Town Council, the Planning and Zoning Board, any resident or landowner in the town, or any person having a contractual interest in land in the town.

2. Staff Review and Decision

The Planning Director shall review the application and render a decision in accordance with Section 2.4.4, except that the decision shall be in the form of a written interpretation and the Planning Director shall consult with the Town Attorney and affected Town officials before rendering the interpretation.

3. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

A written interpretation shall be binding on subsequent decisions by the Planning Director or other Town administrative official in applying the same provision of this Ordinance or the Zoning Map in the same circumstance, unless the interpretation is reversed or modified on appeal to the Board of AdjustmentPlanning and Zoning Board or a court of law.

b. Official Record of Interpretations

The Planning Director shall maintain a record of written interpretations that shall be available for public inspection, on reasonable request, during normal business hours.

D. Interpretation Standards

1. Zoning Map Boundaries

Interpretation of zoning district boundaries on the Official Zoning Map shall be in accordance with the standards in Section 11.2, Interpretation of Zoning Map Boundaries, and consistent with the Comprehensive Plan.

2. Unspecified Uses

Interpretation of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district shall be based the standards in Section 11.3, Use Classifications and Interpretation, and the Comprehensive Plan.

3. Text Provisions

Interpretation of text provisions and their application shall be based on the standards in Section 11.1, Interpretation of Ordinance Text, and the following considerations:

a. The clear and plain meaning of the provision’s wording, as defined by the meaning and significance given specific terms used in the provision—as established in Section 11.5, Terms and Uses Defined, and by the common and accepted usage of the term;

b. The intended purpose of the provision, as indicated by purpose statements, its context and consistency with surrounding and related provisions, and any legislative history to its adoption;

c. The general purposes served by this Ordinance, as set forth in Section 1.1.3, Purpose and Intent; and

d. Consistency with the Comprehensive Plan.

(Ord. No. 2014-22, 06/24/2014)

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2.5.16. Variance

A. Purpose

The purpose of a Variance is to allow certain deviations from standards of this Ordinance when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner’s control (such as exceptional topographical conditions or the narrowness, shallowness, or shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. Variances are to be sparingly exercised and only in rare instances and under exceptional circumstances to relieve undue and unique hardships to the landowner. No change in permitted uses or increases in maximum allowable development intensity may be authorized by variance.

B. Applicability

The procedure and standards in this subsection apply to the review of applications for a Variance seeking hardship relief from the standards of this Ordinance other than the standards in Article 6: Riparian Buffers, and Article 7: Stormwater Management, provided that no Variance may be sought or granted that would permit a use not allowed by use standards applicable in a zoning district or increase development intensity (e.g., dwelling units per acre or floor area ratio) beyond that allowed by intensity standards applicable in a zoning district. (Procedures and standards for variances from riparian buffer standards are in Section 6.6, Variances from Riparian Buffer Regulations; those for variances from stormwater management regulations are in 7.2.5, Stormwater Variances.)

C. Variance Procedure

Figure 2.5.16.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Variance application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. Staff Review and Report

The Planning Director shall review the application, allow revisions of the application, and prepare a staff report in accordance with Section 2.4.4, except that the staff report shall summarize the variance request based on submitted evidence—but need not include a recommendation for action.

4. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for a Board of AdjustmentPlanning and Zoning Board meeting in accordance with Section 2.4.5.

Variance

Board of Adjustment Review, Quasi-Judicial

Public Hearing, and Decision

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

Figure 2.5.16.C

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5. Board of AdjustmentPlanning and Zoning Board Review and Decision

The Board of AdjustmentPlanning and Zoning Board shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions.

a. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application.

b. Approval of the application shall require the affirmative vote of at least 4/5 of all the members of the board. (In such cases, vacant positions and members who are excused from voting shall not be considered members of the board.)

6. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Issuance and Recordation of Variance

If the Variance application is approved, the Planning Director shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B, Appeal), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located.

b. Effect of Approval

(1) Approval and recordation of a Variance authorizes only the particular regulatory relief approved as part of the Variance, as applied only to the land for which the Variance is approved, and only in accordance with any approved plans and documents, and conditions of approval. It does not exempt the applicant from the responsibility to obtain all other development permits and approvals required by this Ordinance and any other applicable laws, and does not indicate that the development for which the Variance is granted should receive approval of other applications for a development permit required under this Ordinance unless the relevant and applicable portions of this Ordinance or any other applicable laws are met.

(2) Unless it expires in accordance with subsection c below, an approved and recorded Variance—including any approved plans and documents, and conditions of approval—shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership. All decisions, determinations, and interpretation by Town staff shall be consistent with an approved and recorded Variance.

c. Expiration of Approval

A Variance shall expire and become invalid if the property owner changes development on the site such that the extraordinary and exceptional conditions that warranted the hardship and Variance no longer do so.

D. Variance Review Standards

1. General Variance Review Standards

A Variance application shall be approved only if the Board of AdjustmentPlanning and Zoning Board reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing:

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a. There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the Variance is sought, that do not generally apply to other lands or structures in the vicinity;

b. The extraordinary and exceptional conditions referred to above are not the result of the actions of the landowner;

c. Because of the extraordinary and exceptional conditions referred to above, the application of this Ordinance to the land or structure for which the Variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship;

d. The Variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated;

e. The extent of the Variance is the minimum necessary to allow a reasonable use of the land or structure;

f. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit;

g. The Variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare; and

h. The Variance is consistent with the Comprehensive Plan.

2. Additional Review Standards for Variances from Flood Damage Prevention Standards

a. If the Variance application involves standards in Section 5.6, Floodplain Management, the Board of AdjustmentPlanning and Zoning Board shall reach each of the following additional conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing:

(1) The Variance would not result in increased flood heights;

(2) The Variance would not result in additional threats to public safety;

(3) The Variance would not result in extraordinary public expense;

(4) The Variance would not create nuisances;

(5) The Variance would not cause fraud on or victimization of the public; and

(6) The Variance would not conflict with existing local laws or ordinances.

b. The Board of Adjustment’sPlanning and Zoning Board’s review of a Variance application involving flood damage prevention standards shall consider all technical evaluations and relevant factors, including:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to life and property due to flooding or erosion damage;

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

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(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

3. Insufficient Grounds for Approving Variances

The following factors shall not constitute sufficient grounds for approval of any Variance:

a. A request for a particular use that is expressly, or by inference, prohibited in the zoning district;

b. Hardships resulting from factors other than application of requirements of this Ordinance;

c. The fact that land or a structure may be utilized more profitably or be more marketable with a Variance; or

d. The citing of other nonconforming or conforming uses of land or structures in the same or other zoning districts.

2.5.17. Riparian Buffer Variance

See Section 6.6, Variances from Riparian Buffer Regulations.

2.5.18. Stormwater Variance

See Section 7.2.5, Stormwater Variances.

2.5.19. Administrative Adjustment

A. Purpose

An administrative adjustment is intended to allow minor deviations, or adjustments, to certain dimensional or numerical standards in this Ordinance based on specific criteria. The intent is to provide relief where application of a standard creates practical difficulties in allowing development that otherwise advances the purposes served by the standards of this Ordinance and the Comprehensive Plan, and is compatible with surrounding development.

B. Applicability

1. The procedure and standards in this subsection apply to the review of applications for an Administrative Adjustment, which may be submitted and granted for the standards identified in Table 2.5.19.B, Allowable Administrative Adjustments, up to the limits set forth in the table for the type of standard.

2. An application for an Administrative Adjustment may only be submitted and reviewed concurrently with applications for a Special Use Permit, Type 1 Subdivision Preliminary Plat Approval, Type 2 Subdivision Preliminary Plat Approval, Major Site Plan Approval, Minor Site Plan Approval, Construction Plan Approval, Sign Permit, Building Permit, or Certificate of Compliance/Occupancy. Where the concurrently reviewed application is subject to review and approval by the Planning

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and Zoning Board, Board of Adjustment, or Town Council, Town staff shall review and decide the Administrative Adjustment application before distributing the concurrently reviewed application to the Planning and Zoning Board, Board of Adjustment, or Town Council.

(Ord. No. 2016-001, 05/10/2016)

Table 2.5.19.B: Allowable Administrative Adjustments Standard Allowable Administrative Adjustment

Shape factor 2 percentage points Net lot area, minimum 10 % Lot width, minimum 10 % Lot coverage, maximum 10 % Front setback, minimum 5 % Corner side setback, minimum 15 % Side setback, minimum 15 % Building separation, minimum 30 % Rear setback, minimum 15 % Build-to line, minimum 15 % Build-to line, maximum 15 % Structure height, maximum 5 % Build-to zone frontage occupied by buildings, minimum 15 % Block length, minimum 10 % Block length, maximum 10 % Perimeter or streetyard buffer width, minimum 10 % Perimeter or streetyard buffer planting rate, minimum 10 % Driveway spacing, minimum 20 % Street intersection spacing, minimum 10 % Number of off-street vehicle parking spaces, minimum 10 % Number of off-street bicycle parking spaces, minimum 10 % Stacking lane distance for parking area entrance drives, minimum 10 % Walking distance between shared, off-site, or on-street vehicle parking spaces and primary pedestrian entrance of uses served, minimum

10 %

Vegetation size at time of planting, minimum 20 % Vehicle use area planting island area and dimensions, minimum 10 % Fence or wall height, maximum 1 ft Average light level to minimum light level uniformity ratio 15 % Lighting height, maximum 10 % Projection fascia sign, maximum projection 10 % Sign face area or dimensions, maximum 10 % Sign height, maximum 10 % Sign wall coverage, maximum 10 % Encroachment into required yards, maximum 15 % (Ord. No. 2015-047, 07/28/2015; Ord. No. 2016-001, 05/10/2016)

C. Administrative Adjustment Procedure

Figure 2.5.19.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Administrative Adjustment application and note any specific variations of, or additions to, those review steps.

1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund.

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5. The Administrative Adjustment is consistent with the purpose of the zoning district where located and with the Comprehensive Plan.

(Ord. No. 2014-051, 11/10/2014; Ord. No. 2015-047, 07/28/2015)

2.5.20. Alternative Equivalent Compliance

A. Purpose

To encourage creative and unique or alternative designs, the Alternative Equivalent Compliance procedure allows development to occur in a manner that meets the intent of this Ordinance, yet through an alternative design that does not strictly adhere to the Ordinance’s design standards. This is not a general waiver of regulations. Rather, the procedure authorizes a specific development plan for a particular site that incorporates deviations from certain development design standards, but achieves the intent of the standards from which a deviation is sought to the same or greater degree than what would result from the strict application of the standards.

(Ord. No. 2018-302-0, 09/11/2018)

B. Applicability

1. The procedure and standards in this subsection apply to the review of applications for an Alternative Equivalent Compliance, which may be submitted and granted for standards in the following sections, only where specifically referenced:

a. Section 3.5, Town Center Districts.

b. Section 5.3, Subdivision Blocks, Lots, and Reference Points.

c. Section 5.4, Tree Protection.

d. Section 5.5, Common Open Space and Recreation Area

e. Section 5.8, Access and Circulation.

f. Section 5.9, Building Configuration and Design.

g. Section 5.10, Parking and Loading.

h. Section 5.12, Landscaping.

2. An application for an Alternative Equivalent Compliance may only be submitted and reviewed concurrently with an application for a Special Use Permit, Type 1 Subdivision Preliminary Plat Approval, Type 2 Subdivision Preliminary Plat Approval, Major Site Plan Approval, Minor Site Plan Approval, or Construction Plan Approval. The application for an Alternative Equivalent Compliance shall be reviewed in accordance with subsection C below irrespective of whether all the required review steps are required for the concurrently reviewed application.

(Ord. No. 2016-001, 05/10/2016; Ord. No. 2018-302-0, 09/11/2018)

C. Alternative Equivalent Compliance Procedure

Figure 2.5.20.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Alternative Equivalent Compliance application and note any specific variations of, or additions to, those review steps.

Alternative Equivalent Compliance

Town Council Review and Decision

with quasi-judicial public hearing

Scheduling and Notice of Meetings

Staff Review and Recommendation

with DRC review

Application Submittal and Acceptance

Pre-Application Conference

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

with public comment session

Figure 2.5.20.C

Step is Applicable

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1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

a. The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund. The request shall include justifications for the Alternative Equivalent Compliance, based on the review standards in subsection 2.5.19.D, Alternative Equivalent Compliance Review Standards below.

b. In no instance shall an application for an Alternative Equivalent Compliance be submitted after an associated application has been determined complete by the Planning Director and accepted for review.

3. Staff Review and Recommendation

a. The Planning Director shall review the application, allow revisions, and prepare a staff report and recommendation in accordance with Section 2.4.4.

b. The Planning Director, at his or her discretion, may seek the advice of a third party to evaluate a proposed alternative. The cost of any third party review shall be the responsibility of the applicant.

(Ord. No. 2018-302-0, 09/11/2018)

4. 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 Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application, hold a public comment session, and make a recommendation in accordance with Section 2.4.6.

6.5. Town Council Review and Decision

The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Deny the application;

d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

7.6. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Issuance and Recordation of Alternative Equivalent Compliance

If the Alternative Equivalent Compliance application is approved, the Planning Director shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B, Appeal), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located.

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2.5.21. Site-Specific Development Plan Designation

A. Purpose

The purpose of this subsection is to provide a procedure whereby the applicant for a development permit or approval that includes a plan describing with reasonable certainty the type and intensity of use on a specific parcel may have such plan designated as a site-specific development plan that establishes a vested right to the development shown on the plan in accordance with the requirements in N.C.G.S 160A-385.1.

B. Applicability

The procedure and standards in this subsection apply to the review of applications for an Site-Specific Development Plan Designation, which may only be submitted and reviewed concurrently with an application for a Major or Minor Site Plan Approval. The application for a Site-Specific Development Plan Designation shall be reviewed in accordance with subsection C below irrespective of whether all the required review steps are required for the concurrently reviewed application. It may be approved only if the concurrently reviewed application is approved and shall be subject to any conditions imposed on that application.

(Ord. No. 2016-001, 05/10/2016)

C. Site-Specific Development Plan Designation Procedure

Figure 2.5.21.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Sign Permit application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund.

3. Staff Review and Recommendation

The Planning Director shall review the application, allow revisions, and prepare a staff report and recommendation in accordance with Section 2.4.4.

4. 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 Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6.

6. Town Council Review and Decision

The Town Council shall review the application, hold a standard public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions:

Site Specific Development Plan

Designation

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 2.5.21.C

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hearing, modify the approval on finding that the enacted state or federal law has 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

A. 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 AdjustmentPlanning and Zoning Board by submitting an Administrative Appeal application to the Planning Director within 30 days after the decision, interpretation, or order being appealed.

B. Administrative Appeal Procedure

Figure 2.5.22.B shows thoseThe following subsections identify the 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.

1. 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:

a. 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.

b. 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 AdjustmentPlanning and Zoning Board 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 AdjustmentPlanning and Zoning Board or by a court of record on petition, after notice to the official from whom the appeal is taken, and for due cause shown.

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

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2. Staff Transmittal of Materials to Board of AdjustmentPlanning and Zoning Board

The Planning Director shall:

a. Refer the application to the administrative official whose decision, interpretation, or order is being appealed;

b. Collect and compile all documents and other materials relevant to the decision, interpretation, or order being appealed; and

c. Transmit the application and relevant documents and other materials to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.4.4.C.2.

3. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for a Planning and Zoning Board Board of Adjustment meeting in accordance with Section 2.4.5.

4. Board of Adjustment ReviewPlanning and Zoning Board Review and Decision

The Planning and Zoning Board Board of Adjustment shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions:

a. The decision shall be one of the following:

(1) Affirmation of the decision, interpretation, or order being appealed (in whole or in part);

(2) Modification of the decision, interpretation, or order being appealed (in whole or in part); or

(3) Reversal of the decision, interpretation, or order being appealed (in whole or in part).

b. In deciding the application, the Planning and Zoning Board Board of Adjustment shall make any order, requirement, decision, or determination that in its opinion ought to be made in the circumstances, and shall have all the powers of the officer from whom the appeal is taken.

5. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

To the extent a decision on an Administrative Appeal application pertains to application of a particular provision of this Ordinance in a particular circumstance, the appeal decision shall be binding on subsequent decisions by the Planning Director, Town Engineer, or other administrative official in applying the same provision of this Ordinance in the same circumstance.

b. Expiration of Approval

The decision on an Administrative Appeal application does not expire, but shall remain valid except to the extent this Ordinance is subsequently amended to reflect any reversal or modification of the decision, interpretation, or order that was appealed.

C. Administrative Appeal Review Standards

1. The Planning and Zoning Board Board of Adjustment shall review the Administrative Appeal application in accordance with the standards of this Ordinance applicable to the decision, interpretation, or order being appealed, and shall base its decision solely on the record established below for the decision, interpretation, or order being appealed. The record shall consist of the all documents, hearing records, and other materials related to the decision, interpretation, or order.

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2. The Planning and Zoning Board Board of Adjustment may modify or reverse a decision, interpretation, or order (in whole or in part) only if it finds that there is competent substantial evidence in the record of a clear and demonstrable error in the administrative officer’s application of the relevant standards or provisions of this Ordinance.

2.5.23. Development Agreement

A. Findings and Purpose

1. The Town Council finds and determines that development agreements may be useful to both the Town and developers of land in the town by providing more regulatory certainty, establishing a schedule for development, assisting both developers and the Town coordinate the provision of adequate public facilities to serve development, coordinating the phasing of development, and administering management efforts to maintain open space and environmentally sensitive lands.

2. The purpose of this section is to authorize development agreements to be entered into between a developer and the Town Council in accordance with the procedures and standards of this section to encourage comprehensive planning and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, while providing certainty in the process of obtaining development permits and approvals, and reduce the economic costs of development by providing greater regulatory certainty.

B. Applicability

The Town Council may enter into a development agreement with a developer, subject to Chapter 160A, Article 19, Part 3D of the North Carolina General Statutes. In entering into a development agreement, the Town may not exercise any authority or make any commitment not authorized by general or local act, and may not impose any tax or fee not authorized by otherwise applicable law.

C. Development Agreement Procedure

Figure 2.5.23.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Development Agreement application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that an application for a Development Agreement may be submitted only by the owner(s) of the property or properties proposed to be rezoned or a person duly authorized to submit the application on behalf of the owner(s).

Development Agreement

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 2.5.23.C

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(2) Major modification of the agreement shall follow the same procedures as required for initial approval of a Development Agreement.

(3) With the mutual consent of the other parties to the agreement, the Planning Director may approve minor modifications of the Development Agreement, without following the same procedures as required for initial approval of the agreement. Before doing so, the Planning Director shall make written findings that the proposed minor modifications would not significantly change the use, intensity, or design of the development, would be consistent with the purposes and goals of the agreement, would comply with this Ordinance, and would not adversely affect the public health, safety, or general welfare.

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:

1. Section 160A-400.23’s site area and duration requirements;

2. Section 160A-400.24’s requirement that delivery of public facilities be tied to implementation of the proposed development;

3. Section 160A-400.25’s requirements for minimum contents of development agreements, phasing, performance standards and agreement modifications; and

4. 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

Figure 2.5.24.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Right-of-Way Encroachment Agreement Approval applications and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. 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 2.4.4.

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

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B. Applicability

1. New Facility

a. The procedure and standards in this subsection apply to the review of applications for Wireless Telecommunication Facilities which shall be submitted and reviewed concurrently with any telecommunication facilities use requiring an application for a Special Use Permit, Major Site Plan Approval, or Minor Site Plan Approval in Section 4.2.4, Principal Use Table or Section 4.3.4, Accessory Use/Structure Table. Wireless Telecommunication facilities Approval shall apply uniformly to all areas within the Town of Morrisville and approval is required, unless exempted in accordance with Section 2.5.25.B.1.c below, before submittal of an application for Construction Plan Approval, unless the applicant elects to submit applications for both Site Plan Approval and Construction Plan Approval for concurrent review in accordance with Section 2.5.25.B.1.b below.

b. For developments requiring Construction Plan Approval in addition to Special Use Permit Approval , Major Site Plan Approval, or Minor Site Plan Approval, the applicant may submit an application for Construction Plan Approval concurrently with an application for Special Use Permit or Site Plan Approval. In such a case, Town staff shall review the more detailed Construction Plan Approval application concurrently with the Special Use Permit or Site Plan Approval application, but the Town Engineer shall not decide the Construction Plan Approval application until after the Special Use Permit application or Site Plan Approval application is decided by either the Town Council or Planning Director, as appropriate.

c. The following development is exempt from the requirements of this section, notwithstanding any other measures:

(1) Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential zoning districts and two meters or less in all other zoning districts.

(2) Regular and ordinary maintenance of antenna elements of any existing telecommunication facilities that does not include the replacement of any antenna elements, the addition of any new antenna elements, feed lines or associated support equipment or the placement of new telecommunication facilities.

(3) Government-owned telecommunication facilities, upon the declaration of a state of emergency by federal, state, or local government; except that such facilities must comply with all federal and state requirements. The subject facilities may be exempt from the provisions of Section 2.5.25, Wireless Telecommunication Facilities, of this ordinance up to three months after the duration of the state of emergency.

(4) Government-owned telecommunication facilities erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.

(5) Temporary, commercial telecommunication facilities, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the Town and approved by the Town; except that such facilities must comply with all federal and state requirements. The subject facilities may be exempt from the provisions of Section 2.5.25, Wireless Telecommunication Facilities, of this ordinance up to three months after the duration of the state of emergency.

(6) Temporary, commercial telecommunication facilities, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the Town, except that such facilities must comply with all federal and state requirements. Said facilities may be exempt from the provisions of Section 2.5.25, Wireless Telecommunication Facilities, of this ordinance up to one week after the duration of the special event.

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2. Existing Facilities

Any telecommunication facilities lawfully established before the effective date of this Ordinance, and that are not in violation of this Ordinance or the pre-existing Telecommunication Tower Ordinance of the Town, shall be allowed to continue to operate provided they meet the requirements set forth by the Town. Existing Facilities shall also comply with Section 2.5.25.D.1.f(2), Analysis of Existing Telecommunication Facilities.

3. Discontinued (Abandoned) Telecommunication Facilities

a. Towers, antennas, equipment compounds and all associated equipment shall be removed, at the owner’s expense, within 180 days of cessation of use, unless the abandonment is associated with mitigation as provided in Section 2.5.25.D.2.b, Telecommunication Tower Replacement or Mitigation (not involving collocation), of this ordinance, in which case the removal shall occur within 90 days of cessation of use.

b. If the tower or antenna is not removed within the timeframe, established in Section 2.5.25.B.3.a above, the Town may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the Town may cause removal of the tower with costs being borne by the owner in accordance with Article 10: Enforcement.

c. Upon removal of the tower, antenna, concrete pads, equipment compound and all associated equipment, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal.

C. Wireless Telecommunication Review Procedures

1. Special Use Permit

Figure 2.5.25.C.1 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Wireless Telecommunication Facilities application requiring a Special Use Permit and note any specific variations of, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

c. 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 2.4.4.

d. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for Planning and Zoning Board and Town Council meetings, in accordance with Section 2.4.5.

Wireless Telecommunication

Facilities Requiring a Special Use Permit

Town Council Review and Decision

with quasi-judicial 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 2.5.25.C.1

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e. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application, hold a public comment session, and make a recommendation in accordance with Section 2.4.6.

f.e. Town Council Review and Decision

The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, and Section 2.5.5.D, subject to the following provisions. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application;

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

g.f. Post-Decision Actions and Limitations

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Issuance and Recordation of Special Use Permit

(A) If the Special Use Permit application is approved, the Planning Director shall issue the applicant a Special Use Permit for Wireless Telecommunication Facilities that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval.

(B) On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), the applicant shall record the Special Use Permit for Wireless Telecommunication Facilities with the Register of Deeds for the county in which the development site is located and return a copy of the recorded Special Use Permit to the Planning Director.

(2) Effect of Approval

Approval and recordation of a Special Use Permit for Wireless Telecommunication Facilities application allows approval of a concurrently-reviewed Site Plan Approval application for the same Wireless Telecommunication Facility, and authorizes submittal of other development applications that may be required before construction or use of Wireless Telecommunication Facilities authorized by the approved Special Use Permit.

(3) Expiration of Approval

(A) Approval of a Special Use Permit for Wireless Telecommunication Facilities application shall expire if the Special Use Permit is not recorded in the appropriate county Register of Deeds in accordance with subsection 2.5.25.C.1.f(1)(B), above, within 30 days after expiration of the deadline for filing an appeal of the decision approving the application.

(B) An approved and recorded Special Use Permit for Wireless Telecommunication Facilities shall expire if an application for a Construction Plan Approval for the approved development is not accepted for review within one year after the date of approval of the Special Use Permit application.

(C) An approved and recorded Special Use Permit for Wireless Telecommunication Facilities application shall expire automatically if the associated Site Plan Approval application expires, is revoked, or otherwise becomes invalid.

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(4) Minor Changes Allowed

(A) Subsequent development applications may incorporate minor changes from the Special Use Permit Approval for Wireless Telecommunication Facilities without the need to amend the Special Use Permit in accordance with Section 2.4.8.D, Modification or Amendment of Approval, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(i) Continue to comply with this Ordinance;

(ii) Are necessary to comply with conditions of approval;

(iii) Comply with the policies set forth in the Town of Morrisville Wireless Telecommunication Facilities Master Plan; or

(iv) Are consistent with the Special Use Permit approval or any Town Council approval on which the Special Use Permit approval was based. Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Special Use Permit approval or any prior Town Council approval on which it was based.

(B) In any case, the following change from the Special Use Permit for Wireless Telecommunication Facilities approval on which it was based shall constitute a major change requiring amendment of the Special Use Permit in accordance with Section 2.4.8.D Modification or Amendment of Approval:

(i) A change in a condition of approval.

(ii) A change in the height of the facility.

(iii) A change in the size of the compound area.

(C) Before determining whether a change is a minor change or a major change, the Planning Director shall review the record of the proceedings on the Special Use Permit application and consider whether any proposed modification would require evidentiary support in addition to that on which approval of the Special Use Permit application was based.

2. Major Site Plan

Figure 2.5.25.C.2 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Wireless Telecommunication Facilities application requiring a Major Site Plan and note any specific variations of, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

c. 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 2.4.4.

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d. 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 Section 2.4.5.

e. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6.

f. Town Council Review and Decision

The Town Council shall review and decide the application in accordance with Section 2.4.7 and Section 2.5.7.D. The decision shall be one of the following:.

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application; or

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require additional review fees.)

g. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Effect of Approval

Major Site Plan Approval for Wireless Telecommunication Facilities allows the approval of any concurrently-reviewed applications for Construction Plan Approval, Floodplain Management Permit, Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Major Site Plan Approval.

(2) Expiration of Approval

A Major Site Plan Approval for Wireless Telecommunication Facilities shall expire if no significant work is done or development is made within two years after the date of Major Site Plan Approval.

(3) Minor Changes Allowed

(A) Subsequent development applications may incorporate minor changes from the development defined by the Major Site Plan Approval for Wireless Telecommunication Facilities without the need to amend the Major Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(i) Continue to comply with this Ordinance;

(ii) Are necessary to comply with conditions of approval;

Wireless Telecommunication

Facilities Requiring a Major Site Plan

Town Council Review and Decision

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

Figure 2.5.25.C.2

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(iii) Comply with the policies set forth in the Town of Morrisville Wireless Telecommunication Facilities Master Plan; or

(iv) Are consistent with the Major Site Plan Approval. Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Major Site Plan Approval.

(B) In any case, the following changes from the Major Site Plan Approval for Wireless Telecommunication Facilities shall constitute a major change requiring amendment of the Major Site Plan Approval in accordance with Section 2.4.8.D Modification or Amendment of Approval:

(i) A change in a condition of approval.

(ii) A change in the height of the facility.

(iii) A change in the size of the compound area.

3.2. Minor Site Plan

Figure 2.5.25.C.3 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the to the review of Wireless Telecommunication Facilities application requiring a Minor Site Plan, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

c. Staff Review and Decision

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4 and <>Section 2.5.7.D. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions; or

(3) Deny the application.

d. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Effect of Approval

Minor Site Plan Approval for Wireless Telecommunication Facilities allows the approval of any concurrently-reviewed applications for Construction Plan Approval, Floodplain Management Permit, Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Minor Site Plan Approval.

Wireless Telecommunication

Facilities Requiring a Minor Site Plan

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

with DRC review

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.25.C.3

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(2) Expiration of Approval

A Minor Site Plan Approval for Wireless Telecommunication Facilities shall expire if no significant work is done or development is made within two years after the date of Minor Site Plan Approval.

(3) Minor Changes Allowed

(A) Subsequent development applications may incorporate minor changes from the development defined by the Minor Site Plan Approval for Wireless Telecommunication Facilities without the need to amend the Minor Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(i) Continue to comply with this Ordinance;

(ii) Are necessary to comply with conditions of approval; or

(iii) Comply with the policies set forth in the Town of Morrisville Wireless Telecommunication Facilities Master Plan; or

(iv) Are consistent with the Minor Site Plan approval or any prior Town Council approval on which it was based (e.g., PD Plan/Agreement approval, Conceptual Master Plan Approval, Major Site Plan Approval). Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Minor Site Plan Approval or any prior Town Council approval on which it was based.

(B) In any case, the following changes from the Minor Site Plan Approval for Wireless Telecommunication Facilities or any prior Town Council approval on which it was based shall constitute a major change requiring amendment of the Minor Site Plan Approval in accordance with Section 2.4.8.D Modification or Amendment of Approval:

(i) A change in a condition of approval.

(ii) A change in the height of the facility.

(iii) A change in the size of the compound area.

(Ord. No. 2016-001, 05/10/2016)

D. Wireless Telecommunication Facilities Approval

An application for Wireless Telecommunication Facilities Approval may be approved only if the Town Council or Planning Director, as appropriate, determine that the facilities comply with the following:

1. All Telecommunication Facilities

a. Permitted as a Principal or Accessory Use

(1) On town-owned property the Town may authorize the application and use of town property after the applicant executes a lease agreement acceptable to the Town.

(2) Non-concealed attached antenna, as part of existing utility distribution poles, and dual-function telecommunication facilities within an existing transmission tower shall be permitted as an accessory use.

(3) Except for dual-function towers, new freestanding telecommunication towers shall be prohibited within utility easements.

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Morrisville, NC <> Unified Development Ordinance Page 4-2

3. Use Types

Use Types identify specific principal land uses whose characteristics are considered to fall within the various use categories. For example, bars, lounges, brewpubs, and restaurants are use types within the Eating and Drinking Use Category. Each use type is defined in Section 11.5, Terms and Uses Defined. While the Residential and Institutional use classifications tend to include relatively specific and well–defined use types, the Commercial and Industrial use classifications tend to include broader uses types, reflecting the wider range and ever-growing variety of commercial and industrial uses existing in the community.

B. Classifying principal uses in this manner provides a systematic basis for determining whether a particular land use not expressly listed should be considered a form or example of a listed principal use, and for addressing future additions to the Principal Use Tables. See Section 11.3, Use Classifications and Interpretation, for a description of the use classification system and procedures for using it to interpret unlisted uses.

4.2.4. Principal Use Table

A. Structure of Principal Use Table

1. Designation of Uses

The Principal Use Table uses the following abbreviations to designate whether and how a principal use is allowed in a particular zoning district:

P A “P” under a base zoning district column indicates that the use is allowable as a principal use in the district without a permit or with Minor Site Plan Approval in accordance with Section 2.5.7, Site Plan Approval, subject to any referenced use-specific standards and all other applicable regulations of this Ordinance.

P*

A “P*” under a base zoning district column indicates that the use is allowable as a principal use in the district with Major Site Plan Approval in accordance with Section 2.5.7, Site Plan Approval, unless the development qualifies for Minor Site Approval in accordance with Section 2.5.7.A.5 because of its lower intensity or prior approval, subject to any referenced use-specific standards and all other applicable regulations of this Ordinance.

S An “S” under a base zoning district column indicates that the use is allowable as a principal use in the district only on approval of a Special Use Permit in accordance with Section 2.5.5, Special Use Permit, and subject to any referenced use-specific standards and all other applicable regulations of this Ordinance.

C

A “C” under a base zoning district indicates that the use is allowable as a principal use in the parallel conditional zoning district in addition to those uses also allowed in the base zoning district, subject to any referenced use-specific standards and all other applicable regulations of this Ordinance, and any limiting plans and conditions proposed and approved as part of the Conditional Rezoning establishing the conditional zoning district.

A An “A” under a planned development (PD) district column indicates that the use is allowable as a principal use in the district only if the PD Plan/Agreement approved for the district expressly identifies the use type as allowed, and subject to any referenced use-specific standards and all other applicable regulations of this Ordinance.

A blank cell under a base or planned development zoning district column indicates that the use is prohibited as a principal use in the district.

X An “X” under an overlay district column indicates that the use is prohibited as a principal use in the overlay district, irrespective of whether it is allowed by the underlying base district. This designation applies only to overlay zoning districts.

2. Reference to Use-Specific Standards

A particular use category or use type allowable as a principal use in a zoning district may be subject to additional standards that are specific to the particular use. The applicability of such use-specific standards is noted in the last column of the Principal Use Table (“Use-Specific Standards”) through a reference to standards in Section 4.2.5, Principal Use-Specific Standards.

B. Multiple Principal Uses

A development may include a single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., home occupation as accessory to a dwelling, or administrative offices as accessory to a school, retail sales, or manufacturing use). A development may

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.4. Principal Use Table

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also include multiple principal uses, none of which is necessarily customarily incidental or subordinate to another principal use (e.g., a place of worship combined with a school, a gas station combined with a convenience store, restaurant, or automotive repair use, or a flex building housing retail, industrial service, and warehousing tenants). A development with multiple principal uses shall include only those principal uses designated in the use tables as allowed in the applicable zoning district, and each principal use shall be subject to any use-specific standards applicable to the use.

C. Principal Use Table

Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Agricultural and Animal Related Uses

Ag

ricu

ltura

l

Use

s

Community Garden P P P P P P P P P P P P P P P P P P P A A 4.2.5.B.1.a

Farm, Small P P P P A 4.2.5.B.1.b

Farm, Large P A

Forestry P P P P P P P P P P P P P P P P P P P A 4.2.5.B.1.c

Garden Center P P P P A

Greenhouse/ Nursery

P P A

Anim

al

Rela

ted

Use

s

Kennel, Indoor P P P P P P P P P A 4.2.5.B.2.a

Kennel, Outdoor P A 4.2.5.B.2.b

Stables P P P A

Veterinary Clinic/Hospital

P P P P P P P P P A 4.2.5.B.2.c

Residential Uses

Hou

sehold

Liv

ing

Use

s

Bungalow Court P 4.2.5.C.1.a

Dwelling, Duplex PP*

PP*

PP*

A X

Dwelling, Live/Work

P P P P P P P C P C C P A X 4.2.5.C.1.b

Dwelling, Manufactured Home

P X 4.2.5.C.1.c

Dwelling, Multi-family

≤50 du P P P P P P P P C C P A A X

4.2.5.C.1.d >50 du

PP*

PP*

PP*

PP*

PP*

P PP*

PP*

C C PP*

A A X

Dwelling, Single-Family Attached

PP*

PP*

PP*

PP*

PP*

PP*

C C C PP*

PP*

PP*

A A X

Dwelling, Single-Family Detached

PP*

PP*

PP*

PP*

C C PP*

PP*

PP*

A X

Family Care Home P P P P P P P P P P P A X 4.2.5.C.1.e

Pocket Neighborhood

P 4.2.5.C.1.f

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Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Gro

up

Liv

ing

Use

s

Congregate Living Facility

P P P P P P P P A X 4.2.5.C.2.a

Continuing Care Retirement Community

S S S P P A X 4.2.5.C.2.b

Dormitory P P P P P P P P P A

Rooming House P A X

Institutional Uses

Com

mu

nity

and

Gov

ern

ment

Serv

ice U

ses

Club or Lodge P P P P P P P P P P A X

College or University

P P P P P P P P P A 4.2.5.D.1.a

Community Center P P P P P P P P P P P P P A A

Cultural Facility P P P P P P P P P C P P P A A X

Day Care Center P P P P P P P P P P A A X 4.2.5.D.1.b

Emergency Services

P P P P P P C P P C C P P P A A

Government Services, Administrative

P P P P P P P P P P P P P P A A

Government Maintenance, Storage, or Distribution Facility

P P P A X

Place of Worship, Community

PP*

PP*

PP*

PP*

PP*

PP*

C C P P P A X 4.2.5.D.1.c

Place of Worship, Neighborhood

PP*

PP*

PP*

PP*

P P P P P P P C C P P P A X 4.2.5.D.1.d

Public Park or Recreation Facility

P P P P P P P P P P P P P P P P P P P A A

School, Elementary PP*

PP*

PP*

P P P P P P P C C A X

School, Middle PP*

PP*

P P P P P P P C C A X [1]

School, High PP*

P P P P P P P C C A X [1]

School, Business or Vocational

P P P P P P P C C P P P A

Sports Academy P P A

Health

Ca

re

Use

s

Hospital PP*

P P P P P A X

Nursing Home P P P P P P P P P P A X 4.2.5.D.2.a

Office, Medical/ Dental

P P P P P P P P P P P A A

Office Park, Medical/ Dental

P P P P P P P A

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Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Urgent Care Facility

P P P P P P P P P P A A

Wellness Center P P P P P P P P P P A A

Tra

nsp

ort

ation

and

Utility

Use

s

Bus Station C C C P C C C C A

Central Utility Plant P P P P P P P A 4.2.5.D.3.a

Heliport S

Office, Utility P P P P P P P P P A

Park and Ride Terminal

C C P C C C P A

Parking Deck or Lot (as a principal use)

C C C C C P P P P C C C C C C C P P P A A 4.2.5.D.3.b

Railroad Yard S

Tra

nsp

ort

ation

and

Utility

Use

s Solar Energy Collection System (as a principal use)

P A

4.2.5.D.3.c

Transit Station P P P P P P P P P A

Utility Facility, Major

S S S S S S S S S S A

Utility Facility, Minor

P P P P P P P P P P P P P P P P P A

Tele

co

mm

un

icatio

n

Use

s

Antenna collocation or combination on existing tower

P P P P P P P P P P P P P P P P P P P A A 4.2.5.D.4.a

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Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Broadcasting Station

P P P A

Broadcast Studio P P P P P P P P P A A

Concealed attached antenna

S P P P P P P S P P P P A A 4.2.5.D.4.b

Non-concealed attached antenna (private utility easement)

P P P P P P P P P P P P P P P P P P P A A 4.2.5.D.4.c

Non-concealed dual-function tower (private utility easement)

P P P P P P P P P P P A

4.2.5.D.4.d

Concealed towers (town-owned property)

S S S S P P P P P P S S P S S S P P P A A 4.2.5.D.4.e

Non-concealed towers (town-owned property)

S S S S S S S S S S A

4.2.5.D.4.e

Antenna collocation or combination on existing tower

PP

* PP

* PP

* PP

* PP

* PP

* S PP* PP* PP*

PP

* A A 4.2.5.D.4.e

Non-concealed towers (private property)

S S S S S S S S S A

4.2.5.D.4.e

DAS Node P P P P P P P P P P P P P P P P P P A A 4.2.5.D.4.f

DAS Wired Hub P P P P P P P P P P P P P P P P P P A A 4.2.5.D.4.g

Commercial Uses

Eating

and

Dri

nkin

g

Est

ablish

ment U

ses

Restaurant P P P P P P P P P P P A A 4.2.5.E.1.a

Specialty Eating or Drinking Establishment

P P P P P P P P P P P A A

Bar or Lounge P P P P P P P P P P A A

Off

ice

Use

s Office Building P P P P P P P P P P A A

Office Park P P P P P P A

R ec re at

io n

U s e s Country Club P P P P A

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Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Golf Course P P P P P A 4.2.5.E.3.a

Private Recreation Facility, Indoor

P P P P P P C P P P P A A

Private Recreation Facility, Outdoor

P P P P P P P P A

4.2.5.E.3.b

Sports Training Facility, Indoor

P P A

Sports Training Facility, Outdoor

P P A

4.2.5.E.3.c

Ente

rta

inm

ent

Use

s

Adult Establishment S 4.2.5.E.4.a

Banquet Hall P P P P P P P P P A

Private Entertainment Facility, Indoor

P P P P P P C P P P P A A

Private Entertainment Facility, Outdoor

P P P P P P P P A

Funera

l

Rela

ted

Use

s

Funeral Home P P P P A

Cemetery P P P P P A

Crematorium P A

Stonecutting/ Monument Sales

P A

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.4. Principal Use Table

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Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Reta

il S

ale

s a

nd

Serv

ice U

ses

Convenience Store P P S S P P P P A

Farmers’ Market P P P P P P P P P A A 4.2.5.E.6.a

Retail Store

< 3,000 sf P P P P P P P P P P P A A

3,000 to < 20,000 sf

P P P P P C P P P P P A A

20,000 to < 50,000 sf

P P P P P C C C P P P A A

50,000 to < 75,000 sf

P P P P A

≥ 75,000 sf PP*

PP*

PP*

P A

Service Establishment

P P P P P P P P P P P A A

Reta

il S

ale

s

and

Serv

ice

Use

s

Service Establishment, Personal

P P P P P P P P P P P A A 4.2.5.E.6.b

Shopping Center, Major

PP*

PP*

PP*

P A

Shopping Center, Neighborhood

P P P P P P P P A

Vehic

le/

Eq

uip

ment Sa

les

and

Serv

ice U

ses

Automobile Repair, Major

P A

4.2.5.E.7.a

Automobile Repair, Minor

P P P P P A

4.2.5.E.7.b

Automobile Sales or Rental

P P A

4.2.5.E.7.c

Automobile Service Station

S S P P A

4.2.5.E.7.d

Car Wash/ Detailing

P P P P P A

4.2.5.E.7.e

Recreational Vehicle Sales, Rental, or Service

P A

4.2.5.E.7.f

Taxi or Limousine Service

PP*

P A

4.2.5.E.7.g

Tire Capping and Retreading

P A

4.2.5.E.7.h

Vehicle Fleet Storage

P A

4.2.5.E.7.i

Vehicular Towing Service

P A

4.2.5.E.7.j

Vis

itor

Acc

om

mo-

da

tion

Use

s Bed and Breakfast P P P P A

4.2.5.E.8.a

Hotel/Motel P P P P C P P P P A A

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Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Industrial Uses

Ind

ust

rial a

nd

Serv

ice U

ses

Construction-Related Activities

P

4.2.5.F.1.a

Flex Space, Major P

Flex Space, Minor P P P P

Industrial Park P

Industrial Equipment Sales and Rental

P

4.2.5.F.1.b

Mini-Storage C P 4.2.5.F.1.c

Motor Freight Terminal, Small

P

Motor Freight Terminal, Large

S

Outdoor Equipment Performance Testing Facility

P

4.2.5.F.1.d

Research Laboratory

P P P

Tank Farm S X

Warehousing/ Distribution

P

Wholesale Food Preparation

P P P

4.2.5.F.1.e

Wholesale Establishment

P

Ma

nufa

cturi

ng

Use

s

Brewery P P P P

Industrial Assembly, Light

P P P

Industrial Assembly, Heavy

P

4.2.5.F.2.a

Manufacturing, Custom

PP*

PP*

P P P P

Manufacturing, Light

P

Manufacturing, Medium

P

Manufacturing, Heavy

S

4.2.5.F.2.a

Micro-Brewery P P P P P P P P A

Micro-Winery P P P P P P P P A

Winery P P P P

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.5. Principal Use-Specific Standards

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Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Extr

act

ion a

nd

La

ndfi

ll U

ses

Composting Facility S 4.2.5.F.3.a

Extraction of Earth Products

S

4.2.5.F.3.b

Hydraulic Fracturing

S

4.2.5.F.3.c

Junkyard or Recycling Facility

S

4.2.5.F.3.d

Landfill, Construction and Demolition Debris

S

4.2.5.F.3.e

Landfill, Municipal Solid Waste

S

X 4.2.5.F.3.f

Landfill, Land Clearing and Inert Debris

S

4.2.5.F.3.g

Notes: [1] Existing and new public college and university facilities used for public school students in joint or cooperative programs such as middle or early college programs and dual enrollment programs, in accordance with G.S. 115D- 41, are not prohibited.

(Ord. No. 2014-016, 06/24/2014; Ord. No. 2014-022, 06/24/2014; Ord. No. 2014-051, 11/10/2014; Ord. No. 2015-002, 04/29/2015, Ord. No. 2015-083, 01/26/2016; Ord. No. 2016-001, 05/10/2016)

4.2.5. Principal Use-Specific Standards

A. General

Standards for a specific principal use shall apply to the particular individual principal use regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This section sets forth and consolidates the standards for all principal uses for which a reference to this section is provided in the “Use-Specific Standards” column of the principal use table in Section 4.2.4.C, Principal Use Table, and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Ordinance.

B. Standards for Specific Agricultural and Animal Related Uses

1. Agricultural Uses

a. Community Garden

(1) Overhead lighting is prohibited.

(2) Accessory buildings shall be limited to sheds for the storage of tools, greenhouses, and seasonal farm stands. The combined area of all buildings and other structures shall not exceed 15 percent of the area of the parcel.

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EXHIBIT A Page 71

Article 4: Use Standards Section 4.3. Accessory Uses and Structures 4.3.4. Accessory Use/Structure Table

Morrisville, NC <> Unified Development Ordinance Page 4-37

Table (“Use-Specific Standards”) through a reference to standards in Section 4.3.5, Accessory Use-Specific Standards.

Table 4.3.4: Accessory Use/Structure Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

A = Allowed subject to a PD Plan/Agreement Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use Type

Base/Conditional Districts

MUP

D

Overlay Districts Use-

Specific Standard

PGO

VLDR

LDR

MDR

HDR

NAC

BAC

CAC

RAC

TOD

HCV

MS

TCC

TCR

RT

RNP

CC

OI

IM

AO-A

AO-B

FO

Accessory Apartment P P P P P P P P P P P P P P P P P P X 4.3.5.B.1 Agritourism Activity P P P P P Amateur Ham Radio Antenna (Telecommunication Use)

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.2

Arbor P P P P P P P P P P P P P P P P P P P P Art P P P P P P P P P P P P P P P P P P P P Automated Teller Machine (ATM)

P P P P P P P P P P P P P P 4.3.5.B.3

Bike Rack P P P P P P P P P P P P P P P P P P P P Broadcast Facility (Telecommunication Use)

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.4

Canopy, Nonresidential

P P P P P P P P P P P P P P P P P P P 4.3.5.B.5

Carport P P P P P P P P P P P P P P P P P P P 4.3.5.B.6 Clothesline P P P P P P P P P P P P P P P P 4.3.5.B.7 Cluster Box Unit P P P P P P P P P P P P P P P P P P P P 4.3.5.B.8 Composting Facility, Small

P P P P P P P P P P P P P P P P P P P P

Drive-Through Service Facility

P P P P P P P P P 4.3.5.B.9

Electric Vehicle (EV) Charging Station, Level 1 or 2

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.10

Electric Vehicle (EV) Charging Station, Level 3

P P P P P P P P P 4.3.5.B.11

Family Child Care Home P P P P P P P P P P P P P P X 4.3.5.B.12

Fence or Wall P P P P P P P P P P P P P P P P P P P P Flagpole and Flag P P P P P P P P P P P P P P P P P P P P 4.3.5.B.13 Garage P P P P P P P P P P P P P P P P P P P 4.3.5.B.14 Gazebo P P P P P P P P P P P P P P P P P P P P Greenhouse P P P P P P P P P P P P P P P P P P P Heliport P P P P P P P 4.3.5.B.15 Home Occupation P P P P P P P P P P P P P P P P P 4.3.5.B.16 Limited Fuel/Oil/ Bottled Gas Distribution

P P P P P P P P P P 4.3.5.B.17

Outdoor Display of Merchandise P P P P P P P P P P P P 4.3.5.B.18

Outdoor Seating P P P P P P P P P P P P 4.3.5.B.19 Outdoor Storage (as an accessory use)

P P P P P P P P P P 4.3.5.B.20

Produce Stand P P P P P 4.3.5.B.21 Public Safety Training Structure

P P P P P P P P P P 4.3.5.B.22

EXHIBIT A

EXHIBIT A Page 72

Article 4: Use Standards Section 4.3. Accessory Uses and Structures 4.3.5. Accessory Use-Specific Standards

Morrisville, NC <> Unified Development Ordinance Page 4-38

Table 4.3.4: Accessory Use/Structure Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

A = Allowed subject to a PD Plan/Agreement Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use Type

Base/Conditional Districts

MUP

D

Overlay Districts Use-

Specific Standard

PGO

VLDR

LDR

MDR

HDR

NAC

BAC

CAC

RAC

TOD

HCV

MS

TCC

TCR

RT

RNP

CC

OI

IM

AO-A

AO-B

FO

Rainwater Cistern P P P P P P P P P P P P P P P P P P P P 4.3.5.B.23 Recreation Facility, Residential Support

P P P P P P P P P P P P P P P P P P X 4.3.5.B.24

Satellite Dish P P P P P P P P P P P P P P P P P P P P 4.3.5.B.25 Small Wind Energy System

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.26

Solar Energy Collection System (as an accessory use)

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.27

Stables P P A Storage Shed P P P P P P P P P P P P P P P P P P P P Swimming Pool, Spa, or Hot Tub P P P P P P P P P P P P P P P P P P P 4.3.5.B.28

Television, Radio, or Wireless Cable Antenna

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.29

Vehicle Fleet Storage P P P P P 4.3.5.B.30 (Ord. No. 2014-016, 06/24/2014; Ord. No. 2014-022, 06/24/2014; Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

4.3.5. Accessory Use-Specific Standards

A. General

Standards for a specific accessory use or structure shall apply to the particular individual accessory use or structure regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This section sets forth and consolidates the standards for all accessory uses and structures for which a reference to this section is provided in the “Use-Specific Standards” column of the accessory use/structure table in 4.3.4, Accessory Use/Structure Table, and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Ordinance.

B. Standards for Specific Accessory Uses and Structures

1. Accessory Apartment

An accessory apartment is allowed only as accessory to, and on the same lot as, a single-family detached dwelling unit (excluding bungalow courts and pocket neighborhoods where it is expressly prohibited), duplex dwelling unit, single-family attached dwelling unit, or a live/work dwelling, subject to the following standards:

a. There shall be no more than one accessory apartment on a lot.

b. An accessory apartment may be a detached structure (e.g., an apartment above a detached garage or a guesthouse).

c. An accessory apartment may be within the principal dwelling (e.g., a downstairs or upstairs apartment).

d. A manufactured home, recreational vehicle, or travel trailer shall not be used as an accessory apartment.

EXHIBIT A

EXHIBIT A Page 73

Article 4: Use Standards Section 4.4. Temporary Uses and Structures 4.4.5. Temporary Use-Specific Standards

Morrisville, NC <> Unified Development Ordinance Page 4-53

B. Temporary Use/Structure Table

Table 4.4.4: Temporary Use/Structure Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

S = Allowed as a Special Use A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use Type

Base/Conditional Districts

MUP

D

Overlay Districts

Use-Specific

Standard

PGO

VLDR

LDR

MDR

HDR

NAC

BAC

CAC

RAC

TOD

HCV

MS

TCC

TCR

RT

RNP

CC

OI

IM

AO-A

AO-B

FO

Farmers’ Market P P P P P P P A 4.4.5.B.1 Food Truck P P P P P P P P P P 4.4.5.B.2 Garage or Yard Sale

P P P P P P P P P P P P P P P P A 4.4.5.B.3

Mobile Auto Detailing

P P P P P P P P P P P P P P P P P P A

Mobile Classrooms S S S S S S S S S S S S S S S S S X 4.4.5.B.4 Outdoor Sales, Seasonal P P P P P P P P P P P P P P P P P A 4.4.5.B.5

Real Estate Sales Office, Temporary

P P P P P P P P P P P P P P P P P P A 4.4.5.B.6

Special Event P P P P P P P P P P P P P P P P P P P A 4.4.5.B.7 Stockpiling of Materials P P P P P P P P P P P P P P P P P P P A 4.4.5.B.8

Street Vendor P P P P P P P P P P P P P P A 4.4.5.B.9 Temporary Construction-Related Structure or Facility

P P P P P P P P P P P P P P P P P P P A 4.4.5.B.10

Temporary Family Health Care Structure P P P P P P P P P P X 4.4.5.B.11

Temporary Office Structure P P P P P P P P P P P A 4.4.5.B.12

Temporary Portable Storage Unit P P P P A 4.4.5.B.13

(Ord. No. 2015-002, 04/29/2015)

4.4.5. Temporary Use-Specific Standards

A. General

Standards for a specific temporary use of structure shall apply to the particular individual temporary use or structure regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This section sets forth and consolidates the standards for all temporary uses and structures for which a reference to this section is provided in the “Use-Specific Standards” column of Table 4.4.4, Temporary Use/Structure Table, and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Ordinance.

B. Standards for Specific Temporary Uses and Structures

1. Farmers’ Market (as a temporary use)

a. The market shall operate on a continuous basis for no more than five months per year on a single site.

EXHIBIT A

EXHIBIT A Page 74

Article 5: Development Standards Section 5.4. Tree Protection

5.4.1. Purpose

Morrisville, NC <> Unified Development Ordinance Page 5-4

D. Subdivision Survey Accuracy

1. Angular error of closure shall not exceed 20 seconds times the square foot of the number of angles turned.

2. Linear error of closure shall not exceed one foot per 10,000 feet of perimeter of the lot of land (1:10,000), except for commercial and industrial subdivisions, where linear error closure shall not exceed one foot per fifteen thousand 15,000 feet of perimeter (1:15,000).

SECTION 5.4. TREE PROTECTION

5.4.1. Purpose

The purpose of this section is to establish minimum standards to ensure that development and land-disturbing activities do not result in the unnecessary removal or damage of tree canopy and mature trees that contribute to the character and quality of life in Morrisville by:

A. Preserving and enhancing the visual and aesthetic qualities of the Town;

B. Reducing glare, dust, heat, and noise;

C. Maintaining and enhancing property values;

D. Increasing slope stability and controlling erosion and sedimentation;

E. Reducing stormwater runoff into waterways and preserving and enhancing water quality;

F. Preserving and enhancing air quality;

G. Conserving wildlife habitat; and

H. Conserving energy by moderating temperatures and reducing heating and cooling demands.

5.4.2. Applicability

A. General

The standards in this section shall apply to all new development subject to Planned Development Rezoning (Section 2.5.3), Conceptual Master Plan Approval (Section 2.5.4), Special Use Permit (Section 2.5.5), Major Site Plan Approval (Section 2.5.7.B), or Minor Site Plan Approval (Section 2.5.7.C) <>, unless such new development is expressly exempted in accordance with subsection B below.

B. Exemptions

The following activities are exempt from the standards of this section:

1. The removal or replacement of trees associated with the development of a bungalow court, pocket neighborhood, single-family detached, duplex, or manufactured home dwelling, or a subdivision that creates lots for such dwellings;

2. The removal or replacement of trees associated with an existing single-family detached, duplex, or manufactured home dwelling;

3. The removal or replacement of trees associated with development in a Main Street or Transit-Oriented Development zoning district;

4. The removal of dead or naturally-fallen trees;

5. The removal of trees that pose an imminent threat of falling onto an existing structure, are so close to an existing structure as to endanger the stability of the structure, or otherwise create on-going safety problems for existing development;

EXHIBIT A

EXHIBIT A Page 75

Article 5: Development Standards Section 5.4. Tree Protection

5.4.2. Applicability

Morrisville, NC <> Unified Development Ordinance Page 5-5

6. The removal of diseased trees posing a threat to adjacent trees;

7. The removal of invasive species of trees, provided the removal results in the complete removal of the trees (including roots);

8. The selective and limited removal of trees or vegetation necessary to obtain clear visibility within intersection sight distance areas;

9. The removal of trees that the Town Engineer determines to be a hazard to traffic or to interfere with the provision of utility lines or public services;

10. The removal of trees as necessary for rescue in an emergency or for clean-up following a natural disaster;

11. The removal of trees in Airport Overlay Districts that the Planning Director, after consultation with staff of the Raleigh-Durham Airport Authority, determines to be an obstruction to air navigation to and from the Raleigh-Durham International Airport;

12. The removal or replacement of trees outside of an approved tree protection area, when associated with an expansion of the building footprint or parking area of an existing nonresidential development by ten percent or less from that originally approved for the development; and

13. Tree removal associated with normal forestry activity that is conducted:

a. On land taxed on the basis of its present-use value as forestland pursuant to N.C.G.S. ch. 105, art. 12, subject to the limitations on subsequent development in subsection C below; or

b. In accordance with a forest management plan prepared or approved by a forester registered in accordance with N.C.G.S. ch. 89B, subject to the limitations on subsequent development in subsection C below, and provide to the Town of Morrisville prior to proceeding with the forestry activity.

(Ord. No. 2016-001, 05/10/2016)

C. Limitations on Development Proposals Subsequent to Exempt Forestry Activity

1. Clear-cutting of a site in a manner not consistent with the requirements of Section 5.4, Tree Protection is prohibited.

2. If one of the forestry exemptions in subsection B.13 above is used to remove all or some of the trees that would have been protected by this section, no application for Rezoning, with the exception of an application submitted by the Town (Section 2.5.3), Conceptual Master Plan (Section 2.5.4), Special Use Permit (Section 2.5.5), Type 1 Subdivision Preliminary Plat (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat (Section 2.5.6.B.2), Major Site Plan (Section 2.5.7.B), or Minor Site Plan (Section 2.5.7.C) <>, shall be accepted for development of the land for a period of three years after completion of the forestry activity. This provision shall not apply to rezoning applications submitted by the Town.

3. If one of the forestry exemptions in subsection B.13 above is not met, and some or all of the trees that would have been protected by this section are removed, no application for Rezoning, with the exception of an application submitted by the Town (Section 2.5.3), Conceptual Master Plan (Section 2.5.4), Special Use Permit (Section 2.5.5), Type 1 Subdivision Preliminary Plat (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat (Section 2.5.6.B.2), Major Site Plan (Section 2.5.7.B), or Minor Site Plan (Section 2.5.7.C) <>, shall be accepted for development of the land for a period of five years after completion of the forestry activity or site clearing and grading. This provision shall not apply to rezoning applications submitted by the Town.

4. In the event an application is submitted for exempted development but then converted to a different kind of development subject to the standards in Section 5.4, Tree Protection, approval of the converted application shall be delayed for a period of five years after the completion of forestry activity or site clearing and grading.

EXHIBIT A

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Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area

5.4.8. Credit Towards Other Standards

Morrisville, NC <> Unified Development Ordinance Page 5-13

3. The amount of the in-lieu payment shall be determined from per caliper inch replacement tree fee in the Town’s fee schedule.

4. The developer shall make the in-lieu payment before recordation of any subdivision plat for the development or issuance of any Building Permit for the development (if no subdivision approval is required)—provided, however, that the payment may be phased in accordance with an approved phasing plan for the development.

5. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for purchasing, installing, replacing, and/or maintaining trees in public parks, greenways, or other land owned or leased by the Town.

(Ord. No. 2016-001, 05/10/2016)

5.4.8. Credit Towards Other Standards

Tree protection areas, and trees and other vegetation within such areas, may be credited towards compliance with riparian buffer, common open space, public recreation area, perimeter and streetyard buffer, and landscaping requirements to the extent they comply with the standards in Section 5.12.3.A, New Planting Standards, or other applicable landscaping standards (see Section 5.12, Landscaping).

(Ord. No. 2014-051, 11/10/2014)

SECTION 5.5. COMMON OPEN SPACE AND PUBLIC RECREATION AREA

5.5.1. Common Open Space

A. Purpose

The purpose of this section is to ensure that developments other than residential subdivisions include or contribute to the provision of common open space for the use and enjoyment of the development’s occupants and users. Open space serves numerous purposes, including preservation and protection of natural areas and features, providing opportunities for passive and active recreation, enhancing management of stormwater runoff to protect water quality and reduce flooding, and mitigating the heat island effect of developed areas.

B. Applicability

1. General

The standards in this section, unless expressly exempted in accordance with subsection 2 below, shall apply to all new development subject to:

a. Planned Development Rezoning (Section 2.5.3);

b. Conceptual Master Plan Approval (Section 2.5.4);

c. Special Use Permit (Section 2.5.5);

d. Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1);

e. Type 2 Subdivision Preliminary Approval (Section 2.5.6.B.2);

f. Major Site Plan Approval (Section 2.5.7.B); or

g.f. Minor Site Plan Approval <>.(Section 2.5.7.C).

2. Exemptions

The following development is exempt from the standards of this section:

a. Development directly associated with a permitted agricultural use;

b. Public Park or Recreational Facility;

EXHIBIT A

EXHIBIT A Page 77

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area

5.5.2. Public Recreation Area

Morrisville, NC <> Unified Development Ordinance Page 5-18

prohibit any inconsistent future development. Any options involving private ownership of required common open space area shall include association by-laws, deed restrictions, covenants, or other legal instruments that ensure continued use of the land for its intended open space purposes and provide for the continued and effective management, operation, and maintenance of the land and facilities. Such instruments shall be approved by the Town as sufficient to comply with this standard before or conjunction with approval of any Subdivision Approval for the development, or any Construction Plan Approval for the development (if no Subdivision Approval is required).

3. Responsibility for managing and maintaining common open space areas lies with the owner of the land comprising the areas. Failure to maintain common open space areas in accordance with the approved development shall be a violation of this Ordinance. Identification of who bears responsibility for managing and maintaining common open space areas shall be shown on any recorded subdivision plat for the development or any approved Construction Plan for the development (if no Subdivision Approval is required).

(Ord. No. 2015-066, 07/28/2015)

5.5.2. Public Recreation Area

A. Purpose

The purpose of this section is to ensure that new dwelling units include or contribute to the provision of a public recreation area sufficient to meet the passive and active recreation needs of residents of the new development, as well of the surrounding neighborhood.

B. Applicability

1. Type 1 and Type 2 Subdivisions

The standards in Sections 5.5.2.C through 5.5.2.F shall apply to all new:

(1) Type 1 Subdivision Preliminary Plat Approvals; or

(2) Type 2 Subdivision Preliminary Plat Approvals.

2. Major and Minor Site Plan Approval for Multifamily Dwellings

Any multifamily dwelling development or mixed-use development not subject to Section 5.5.2.B.1, shall provide a flat fee per unit as set forth in Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area. In instances where the Town Council determines that a combination of partial payment of in lieu funds and partial dedication of public recreation area is in the best interest of the Town, the standards in Sections 5.5.2.C through 5.5.2.F shall also apply.

(Ord. No. 2016-001, 05/10/2016)

C. Required Public Recreation Area

1. Type 1 and Type 2 Subdivisions

Any subdivisions proposing to create lots designed and intended to serve as building sites for bungalow court, pocket neighborhood, single-family detached, duplex, manufactured home, single-family attached, multifamily, live/work, congregate living facility, and continuing care retirement facility shall dedicate a portion of the subdivision site as public recreation area. The amount of land required to be dedicated shall equal 1/35 of an acre multiplied by the number of dwelling units proposed to be accommodated by subdivision lots (for subdivisions creating lots for bungalow court, pocket neighborhood, single-family detached, manufactured home, or single-family attached dwellings, this will equal the number of such lots; for subdivisions creating lots for duplex dwellings, this will equal twice the number of lots; for subdivisions creating lots for multifamily dwellings, live/work, congregate living, and continuing care retirement facilities this will equal the number of dwelling units).

EXHIBIT A

EXHIBIT A Page 78

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area

5.5.2. Public Recreation Area

Morrisville, NC <> Unified Development Ordinance Page 5-19

2. Major and Minor Site Plan Approval for Multifamily Dwellings

In instances where the Town Council authorizes partial payment of in lieu funds and partial dedication of public recreation area for any multifamily dwelling development or mixed-use not subject to subdivision regulations, the amount of land required to be dedicated shall equal 1/35 acre multiplied by the number of multifamily dwelling units proposed for land dedication multiplied by the current multifamily factor (e.g. 1/35 * the number of dwelling units * .80). A flat fee per unit shall be paid for any dwelling unit not proposed for land dedication.

(Ord. No. 2016-001, 05/10/2016)

D. Design Standards for Required Public Recreation Area

Areas used as a required public recreation area shall meet the following design standards:

1. Required public recreation area shall be compact and contiguous, forming a single area, unless multiple public recreation areas or a different configuration is needed to continue an existing trail or accommodate preservation of natural features.

2. The size and shape of required public recreation area shall be sufficient to accommodate active recreation activities appropriate to the recreational needs of subdivision residents (e.g., public recreation area should be sufficiently large and rectangular to accommodate soccer or softball fields, tennis courts, swimming pools, etc.).

3. Required public recreation area shall be located to be readily accessible and useable by occupants and users of the development.

4. Required public recreation area shall have at least 50 feet of frontage on a public street or a public access easement at least 30 feet wide.

5. No land dedicated as active public recreation area shall be located on slopes exceeding five percent.

6. No more than 25 percent of land dedicated as active public recreation area shall be located within a Floodplain Overlay District.

7. If the development site is adjacent to existing or planned parks, greenways, or other public open space, required public recreation area shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the park, greenway, or other public open space.

E. Dedicated Recreation Area to be Shown on Recorded Plat

Dedicated recreation area shall be shown on the recorded Final Plat prior issuance of any Building Permit for the development.

F. Conveyance of Dedicated Recreation Area

Required public recreation area shall be dedicated to the public and conveyed to the Town or other public agency that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended open space purposes. The Town may sell or otherwise convey any public recreation area conveyed to the Town if the Town Council determines that development of the land for park and recreation purposes is no longer feasible or consistent with the Comprehensive Plan. Any proceeds from such transactions shall be deposited into the Town fund referenced in Section 5.5.3.C.2.b below.

(Ord. No. 2015-066, 07/28/2015)

EXHIBIT A

EXHIBIT A Page 79

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area

5.5.3. Alternative Options for Meeting Common Open Space and Public Recreation Area Requirements

Morrisville, NC <> Unified Development Ordinance Page 5-20

5.5.3. Alternative Options for Meeting Common Open Space and Public Recreation Area Requirements

A. Review Authority

Decisions on whether or not to approve or deny requests in Section 5.5.3.B, Off-Site Provision and Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area, are made by the following review authorities:

1. Town Council

The Town Council decides whether or not to approve or deny requests for Type 1 Subdivision Preliminary Plat Approval, Major Site Plan Approval, or Minor Site Plan Approval for multifamily dwelling developments requesting partial dedication of public recreation area .

2. Planning Director

The Planning Director decides whether or not to approve or deny requests for Type 2 Subdivision Preliminary Plat Approval, or Minor Site Plan Approval.

(Ord. No. 2016-001, 05/10/2016)

B. Off-Site Provision

1. In lieu of providing required common open space area or public recreation area on a development site in accordance with Section 5.5.1 or Section 5.5.2, the developer may, with the approval of the Town provide all or some of required common open space or public recreation area on land outside the development site.

2. Where off-site provision of required common open space or public recreation area is proposed, the application shall include a map showing the location, boundaries, and topography of the site, as well as any additional information deemed necessary by the Town to ascertain the site’s suitability as common open space or public recreation area, as appropriate.

3. Any approved off-site common open space or public recreation area shall be identified on a plat. The plat shall be recorded with the Register of Deeds for the county in which the dedicated land is located. Ownership, management, and maintenance of common open space shall be in accordance with Section 5.5.1.F, and the conveyance of dedicated recreation area shall be in accordance with Section 5.5.2.F.

4. The Town’s decision on whether to approve off-site provision of required common open space or public recreation area shall be based on the following:

a. Whether the proposed off-site common open space or public recreation area would meet the design standards for required common open space (Section 5.5.1.D) or public recreation area (Section 5.5.2.C.2), as appropriate;

b. Whether the proposed off-site common open space or public recreation area is located sufficiently close to the development site to meet the open space or recreation needs, as appropriate, of the occupants and users of the development;

c. Whether the proposed off-site common open space or public recreation area would contribute more to meeting the open space or recreation needs, as appropriate, of the occupants and users of the development than on-site provision of the common open space or public recreation area or the Town’s use of in-lieu payments to acquire and develop parks, greenways, and other open space areas in the vicinity of the development; and

d. Whether the proposed public recreation area is consistent with the Comprehensive Plan.

EXHIBIT A

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Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area

5.5.3. Alternative Options for Meeting Common Open Space and Public Recreation Area Requirements

Morrisville, NC <> Unified Development Ordinance Page 5-21

C. Payment in Lieu of Providing Required Public Recreation Area

In lieu of providing all or a portion of the required public recreation area on a development site in accordance with Section 5.5.2, the developer may, with Town approval, make a payment to the Town.

1. Payment in Lieu Amount

a. Type 1 and Type 2 Subdivisions

(1) The amount of the in lieu payment shall be the product of the number of acres of required public recreation area that is proposed and approved for the in lieu payment option multiplied by the pre-development fair market value per acre of land making up the development site. The development application shall include an appraisal or other documentation acceptable to the Town showing the development site’s predevelopment fair market value.

(2) If the Town disagrees with the pre-development fair market value submitted by the applicant, such value shall be determined by a professional appraiser appointed by the Town Manager. The cost of the appraisal shall be borne by the applicant.

b. Major and Minor Site Plan Approval for Multifamily Dwellings

The amount of the payment for any multifamily dwelling development or mixed-use development that includes multifamily dwelling units that is not subject to Section 5.5.2.B.1, Type 1 and Type 2 Subdivisions Type 1 and Type 2 Subdivisions , shall be a flat fee per unit as established in the current Town of Morrisville Planning Department Fee Schedule.

2. Timing of Payment in Lieu

a. The developer shall make the in-lieu payment before recordation of any subdivision plat for the development or issuance of any Building Permit for the development (if no Subdivision Approval is required)—provided, however, that the payments may be phased in accordance with an approved phasing plan for the development.

b. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for the acquisition or development of parks, greenways, and other open space areas that will serve occupants and users of the development. Such areas may also serve other developments in the immediate area.

3. Payment in Lieu Review Standards

The decision on whether to approve a payment in lieu of providing required public recreation area shall be based on the following criteria:

a. Whether the on-site provision, or any proposed off-site provision, of required public recreation area could be used to establish, expand, or extend an existing or planned public park, greenway, or other open space area identified in parks and recreation plans or other plans adopted by the Town;

b. The extent to which the size, shape, topography, geology, soils, and public accessibility of the development site makes it impractical to provide required public recreation area that complies with Section 5.5.2.D, Design Standards for Required Public Recreation Area.

c. Whether the in-lieu payment option provides the additional design flexibility needed to accommodate allowable higher-intensity development in the Transit-Oriented Development (TOD) District, or allowable higher-intensity development on substantially constrained sites elsewhere in the town; and

d. Whether the Town’s use of an in-lieu payment to help acquire and develop parks, greenways, and other open space areas would better meet the open space and recreational needs of occupants and users of the development than on-site provision, or any proposed off-site provision, of the required public recreation area.

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Article 5: Development Standards Section 5.8. Access and Circulation

5.8.6. Vehicular Access and Circulation

Morrisville, NC <> Unified Development Ordinance Page 5-42

shall dedicate right-of-way that meets the right-of-way width standards for the street. If a transportation impact analysis shows that the development itself is expected to generate sufficient traffic to warrant design of the street as a major or minor thoroughfare (see Section 5.8.6.B, Transportation Impact Analysis), the developer shall be responsible for constructing the street (including any bikeway, sidewalk, and other associated access and circulation improvements) in accordance with this section’s standards for a major or minor thoroughfare, as appropriate; otherwise, the developer shall be responsible for constructing the street (including any bikeway, sidewalk, and other associated access and circulation improvements) to meet at least those standards required by this section for a collector street.

B. Off-Site

Unless otherwise authorized in Section 8.1.3, a development site that fronts on or obtains vehicular access from an existing street shall dedicate additional right-of-way along the street frontage or in the vicinity of the development and install roadway, bikeway, sidewalk, and other access and circulation improvements within the street right-of-way that are reasonably necessary to ensure the safe, convenient, efficient, and orderly accommodation of vehicular and pedestrian traffic demands and impacts generated by the proposed development. Such improvements may include, but are not limited to, turn lanes, deceleration and acceleration lanes, widening or paving of substandard roadways, medians, bikeways, sidewalks, sidewalk ramps and crossings, street lights, bus shelters, relocation of existing driveways, and the relocation or improvement of utility lines and facilities needed to accommodate street improvements. The extent of required dedications and improvements related to the abutting street shall be roughly proportional to the traffic demands and impacts generated to and along that street by the proposed development.

(Ord. No. 2019-106, 08/27/2019)

5.8.6. Vehicular Access and Circulation

A. Circulation Plan

1. Applications for Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat Approval (Section 2.5.6.B), Major Site Plan Approval (Section 2.5.6.B.2), or Minor Site Plan Approval <> (Section 2.5.7.C) shall include a circulation plan that addresses street connectivity, emergency and service vehicle access, parking movements, accommodation of loading operations, turning radii, traffic calming measures where future “cut-through” traffic is likely, and similar issues.

2. The Planning Director may waive the requirement for a circulation plan on determining that a proposed development is expected to have no impact on circulation or proposes no change in existing circulation patterns. This provision shall not be construed to exempt development that includes additional parking, driveways, or substantial modifications to the existing pedestrian network.

B. Transportation Impact Analysis

1. Purpose

The Transportation Impact Analysis (TIA) is a part of the overall development review process conducted by the Town of Morrisville to safeguard the safety, health, and well-being of its citizens. The TIA is intended to:

a. Assess the impact of a proposed development on the roadway capacity, public transportation, bicycle, and pedestrian transportation systems;

b. Help mitigate potential effects of a proposed development on the transportation system; and

c. Identify solutions to potential problems and recommend improvements to be incorporated as required conditions to a proposed development.

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Article 5: Development Standards Section 5.8. Access and Circulation

5.8.6. Vehicular Access and Circulation

Morrisville, NC <> Unified Development Ordinance Page 5-49

(B) A figure showing the roadway lane configurations for existing and proposed improvements, including accompanying identification of the parties responsible for the improvements.

(2) Recommendations

(A) The recommendations portion of the analysis shall include the following:

(i) For signalized intersections, a list of specific recommended improvements to achieve the minimum LOS D for each movement and approach. If the future background LOS falls below this threshold, the recommended improvements shall at a minimum maintain the future year background LOS and delay;

(ii) For unsignalized intersections, a list of specific recommended improvements to achieve the minimum LOS D for each movement. If the future year background LOS falls below this threshold, the recommended improvements shall at a minimum maintain the future year background LOS and delay;

(iii) For both signalized and unsignalized intersections, if a single vehicle would cause a reduction in the LOS and/or delay, then the applicant may request that this impact not be counted in the TIA; and

(iv) Any improvements identified in the No Build analysis that are not a funded Town, State, or federal capital improvement project.

(B) All recommendations shall be:

(i) Consistent with adopted plans; and

(ii) Supported by the data provided in the analysis.

k. Appendices

A separate appendix for each of the following shall be included in this section.

(1) Traffic count data;

(2) Trip generation calculations;

(3) Intersection capacity analysis, including the associated Synchro output;

(4) Any other additional documents or analyses required per the MOU;

(5) A bicycle and pedestrian network plan, if the proposed development application is for Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plan Approval (Section 2.5.6.B.2), or Major Site Plan Approval (Section 2.5.7.B) <>;

(6) Signal plans, including timing plans;

(7) A figure showing the approved development trips; and

(8) Any future volume calculations.

5. Incorporation of Recommended Improvements into Proposed Development or Decision

The applicant is expected to incorporate improvements recommended by the transportation impact analysis into the proposed development to the extent they are required by Section 5.8.5, Developer Responsibility for Access and Circulation Improvements. The entity deciding the application shall consider the transportation impact analysis as part of the review of the application, and may incorporate such recommended improvements in its decision—e.g., as conditions of approval requiring provision of the recommended improvements or requiring modification of the development’s uses or intensity, or as a basis for denial of the application.

EXHIBIT A

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Article 5: Development Standards Section 5.8. Access and Circulation

5.8.6. Vehicular Access and Circulation

Morrisville, NC <> Unified Development Ordinance Page 5-53

fraction thereof, expected to be generated by the proposed development or by the maximum allowable development of the adjoining property;

(2) Convenient and efficient access by vehicles needed to provide police, fire, and emergency services; and

(3) Convenient and efficient access by vehicles needed to provide other public services.

c. Roadway extensions and connections to adjoining properties shall be spaced at intervals along each principal boundary direction (north, south, east, west) that do not exceed the maximum block length established in Section 5.3.1, Blocks.

d. An extension or connection of a public street roadway and right-of-way to an adjoining property shall also include the extension or connection of associated bikeways or sidewalks.

e. The Planning Director may require the provision of a temporary turnaround at the end of a roadway extension on determining that the turnaround is needed to facilitate traffic flow or accommodate emergency vehicles pending the roadway’s connection to other roadways.

f. The Planning Director may waive or modify the requirements or standards for extension or connection of a public roadway from or to adjoining property on determining that such extension is impractical or undesirable because it would:

(1) Require crossing a significant physical barrier or environmentally sensitive area (e.g., railroads, watercourses, floodplains, wetlands, steep slopes);

(2) Require the extension or connection of a proposed internal public street to an adjoining property with existing development whose design makes it unlikely that the street will ever be part of a network of public streets (e.g., the adjoining existing development has no public streets, or there are no ‘stubbed-out” street rights of way or open corridors between the proposed development site and public streets in the adjoining development to accommodate a current or future extension or connection);

(3) Require the extension or connection of a proposed internal public street to an adjoining property owned by a government or public utility to which vehicular access is restricted, or other property to which vehicular access is restricted by a conservation easement; or

(4) Require the extension or connection of a proposed internal public street to an adjoining property that is developed or zoned for a use whose level and type of generated traffic would be incompatible with the proposed development—provided, however, that residential, institutional, and commercial uses shall generally be deemed compatible.

g. Where a roadway is extended to, but not yet onto, adjoining land, a sign shall be installed at the terminus of the roadway that informs neighboring property owners that the roadway is intended to be extended in the future (e.g., “STREET MAY BE EXTENDED BY AUTHORITY OF THE TOWN OF MORRISVILLE”). Notation of that intent shall also be included on the Final Plat for Type 1 or Type 2 Subdivisions and record plat for Type Subdivisions (see Section 2.5.6), Major Site Plan or Minor Site Plan (see Section 2.5.7), and Construction Plan (see Section 2.5.8), as appropriate.

EXHIBIT A

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Article 5: Development Standards Section 5.12. Landscaping

5.11.3. Utility Easements

Morrisville, NC <> Unified Development Ordinance Page 5-121

and/or water system. Public sewer and/or water lines and facilities shall be constructed to the standards, sizes, and specifications of the Town of Cary, and dedicated to the Town of Cary for operation and maintenance.

2. If sufficient sewer and/or water capacity for the proposed development is not available, then the developer may request Town approval of plans for the construction of alternative public sewer and/or water systems. Sewer and/or water lines for an alternative community sewer or water system shall be built to the standards, sizes, and specifications of the Town of Cary.

B. Oversized sewer and/or water improvements shall be provided where required by the Town of Cary in accordance with its policies and regulations.

C. The developer shall pay all water and sewer development fees to the Town of Cary before plat recordation or issuance of a Building Permit, whichever occurs first.

D. For any development applications located outside of the Morrisville-Durham Water and Sewer Service Areas and Annexation Boundaries Agreement Area, upon Rezoning Approval (Section 2.5.3), Conceptual Master Plan Approval (Section 2.5.4), Special Use Permit (Section 2.5.5), Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat Approval (Section 2.5.6.B.2), Major Site Plan Approval (Section 2.5.7.B), Minor or Site Plan Approval <> (Section 2.5.7.C) for a development located outside the corporate limits of the Town, the property owner of the development site shall submit a petition for voluntary annexation of an area that includes the development site before submitting any further applications for development of the site. For any development applications located in the Morrisville-Durham Water and Sewer Service Areas and Annexation Boundaries Agreement Area, the property owner shall submit a petition for voluntary annexation of an area that includes the development site with the initial development application.

(Ord. No. 2014-051, 11/10/2014; Ord. No. 2016-001, 05/10/2016)

5.11.3. Utility Easements

A. Developments shall provide utility easements to the appropriate utility service provider as necessary to accommodate the installation and maintenance of utility lines and facilities that are not proposed within street rights-of-way or access easements. The width and location of easements shall be as required by the utility service provider, but generally shall be at least 20 feet wide and centered along or adjacent to lot lines to the greatest extent practicable.

B. Development within utility easements shall comply with the standards and restrictions of the appropriate utility service provider(s).

5.11.4. Solid Waste Removal

A. Purpose

The purpose of this section is to minimize the impact that noise associated with the removal of solid waste may have on adjacent residential development.

B. Hours of Collection

Solid waste shall not be collected from exterior commercial containers located within a residential development or within 500 feet of a residential dwelling between the hours of 9:00 PM and 7:00 AM. Notice of this limitation shall be posted on the gate screening the container.

SECTION 5.12. LANDSCAPING

5.12.1. Purpose

It is the purpose of this section to establish minimum standards for the development, installation, and maintenance of landscaping that protects and enhances property values, the environment, and aesthetic

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Article 5: Development Standards Section 5.12. Landscaping

5.12.2. Applicability

Morrisville, NC <> Unified Development Ordinance Page 5-123

2. Expansion

Except as otherwise provided in subsection 3 below, if an existing structure or use is expanded or enlarged (in terms of the number of dwelling units, floor area, number of employees, seating capacity, or other size unit), additional landscaping shall be provided in accordance with the requirements of this section to serve the expanded or enlarged part of the structure or use.

3. Upgrading of Landscaping Nonconformities

Where existing development is nonconforming in terms of compliance with this section’s standards for off-street parking and loading, such development is subject to the limitations and upgrading requirements in Section 9.7, Nonconforming Site Features.

C. Landscape Plan Required

A landscape plan shall be included as part of any application for Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat Approval (Section 2.5.6.B.2), Major Site Plan Approval (Section 2.5.7.B), or Minor Site Plan Approval <> (Section 2.5.7.C) or Construction Plan Approval (Section 2.5.8) for development subject to the standards in this section. Landscape plans shall be prepared in accordance with the requirements of the Administrative Manual.

(Ord. No. 2016-001, 05/10/2016)

D. Allowed Deviation of Standards

Deviations from the landscaping standards in this section may be authorized in Section 2.5.19, Administrative Adjustment, Section 2.5.20, Alternative Equivalent Compliance, or Section 5.12.6, Alternative Landscape Plan.

(Ord. No. 2014-051, 11/10/2014)

EXHIBIT A

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Article 5: Development Standards Section 5.15. Exterior Lighting

5.14.9. Security Plan Fences and Walls

Morrisville, NC <> Unified Development Ordinance Page 5-141

c. Fencing shall be divided by individual four-sided masonry columns spaced no more than 50 feet on center. Each column shall have a cross-section of at least two feet by two feet, project at least one foot from the wall of fence plane towards the adjacent street, be topped with a cap detail for visual interest, and be constructed of the same masonry material on all four sides.

3. All Other Fences and Walls

a. Walls shall be constructed of a masonry material that is consistent with that of the principal building on the lot.

b. Fences made of chain link, wire mesh, or other similar materials are prohibited.

c. Walls and fences shall be divided by individual four-sided masonry columns spaced no more than 50 feet on center. Each column shall have a cross-section of at least two feet by two feet, project at least one foot from the wall of fence plane towards the adjacent street, be topped with a cap detail for visual interest, and be constructed of the same masonry material on all four sides.

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

5.14.9. Security Plan Fences and Walls

In the Industrial Management (IM) District or for legal nonconforming industrial uses in other zoning districts with outdoor storage, an owner or tenant of property, or a representative of a public agency responsible for a public facility, may submit to the Planning Director a site security plan proposing fences or walls taller than those permitted by this section, or the use of barbed or concertina wire atop a fence or wall. The Planning Director shall approve, or approve with conditions, the site security plan and its proposed exemption of fences or walls from the standards of this subsection, on finding that:

A. The condition, location, or use of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land; and

B. The proposed taller fences or walls, or use of barbed or concertina wire, will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent lands or the surrounding area as a whole.

(Ord. No. 2016-001, 05/10/2016)

SECTION 5.15. EXTERIOR LIGHTING

5.15.1. Purpose

This section is intended to regulate exterior lighting to:

A. Permit the use of exterior lighting at the minimum levels necessary for nighttime safety, utility, security, productivity, enjoyment, and commerce;

B. Ensure exterior lighting does not adversely impact land uses on adjacent lands by minimizing light trespass, obtrusive light, and glare;

C. Ensure the safety of motorists by minimizing light spillage and glare onto adjacent streets;

D. Curtail light pollution, reduce skyglow, and preserve the nighttime environment for the enjoyment of residents and visitors;

E. Conserve energy and resources to the greatest extent possible; and

F. Ensure security for persons and properties.

EXHIBIT A

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Article 5: Development Standards Section 5.16. Signage

5.16.4. Standards for Specific Sign Types

Morrisville, NC <> Unified Development Ordinance Page 5-156

B. Signs in Rights-of-Way

1. No sign or sign-related structure shall be erected, constructed, or maintained in any State-maintained right-of-way except in accordance with N.C.G.S. 136-32.

2. No sign or sign-related structure regulated under this ordinance shall be erected, constructed, or maintained in any Town-maintained right-of-way, except for the following:

a. Political signs in accordance with Section 5.16.2.C.12;

b. Off-site directional signs in accordance with Section 5.16.6.A.4, Off-Site Temporary Directional Signs;

c. Light pole banner signs in accordance with 5.16.6.A.4, Light Pole Banner Signs;

d. Temporary directional signs to residential developments in accordance with Section 5.16.6.B, Special Standards for Temporary Directional Signs to Residential Developments; and

e. Ground signs located within a median of a divided road with approval from the Morrisville Board of AdjustmentPlanning and Zoning Board, provided the maximum height of such signs is 42 inches.

C. Obstruction of Sight Distance

Signs shall not be located in and/or obstruct any driveway, road, or alley sight distance triangle.

5.16.4. Standards for Specific Sign Types

All signs except special purpose signs (see Section 5.16.5) and temporary signs (see Section 5.16.6) shall comply with the standards in Table 5.16.4, Standards for Specific Sign Types, applicable to the type of sign, based on the zoning district in which the sign is located and/or the use classification or type of the principal use that the sign is identifying.

EXHIBIT A

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Article 6: Riparian Buffers Section 6.5. Riparian Buffer Development Review

6.5.1. Applicability

Morrisville, NC <> Unified Development Ordinance Page 6-5

2. If determining the origin of a stream, the determination shall use the latest version of the North Carolina Division of Water Resources’ Identification Methods for the Origins of Intermittent and Perennial Streams.

B. Any disputes over on-site determinations shall be referred in writing to the Director of the North Carolina Division of Water Resources and is subject to review as provided in Articles 3 and 4 of N.C.G.S 150B.

SECTION 6.5. RIPARIAN BUFFER DEVELOPMENT REVIEW

6.5.1. Applicability

A. Except as exempted in Section 6.2.2.B, Exemptions, Riparian Buffer Development Review is required before any development, or any other activity listed in Table 6.8, Uses and Activities Permitted in Riparian Buffers, may be conducted within a riparian buffer.

B. An application for Riparian Buffer Development Review may be submitted and reviewed concurrently with applications for Conceptual Master Plan Approval, Site Plan Approval, Construction Plan Approval, Floodplain Development Permit, Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance.

6.5.2. Riparian Buffer Development Review Procedure

Figure 6.5 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Riparian Buffer Development Review application and note any specific variations of, or additions to, those review steps.

A. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

B. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that if the application proposes development or activity that is allowable only with mitigation, the application shall include a mitigation strategy.

C. Staff Review and Decision

The Town Engineer shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4, subject to the following provisions:

1. The decision shall be one of the following:

a. Determine that the proposed development or activity is permitted without an Authorization Certificate (“Exempt”);

b. Approve the proposed development or activity as allowable, as submitted;

c. Approve the proposed development or activity as allowable, subject to conditions;

d. Approve the proposed development or activity as allowable with mitigation, as submitted;

e. Approve the proposed development or activity as allowable with mitigation, subject to conditions; or

Riparian Buffer Development Review

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Town Engineer Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 6.5.2

EXHIBIT A

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Article 6: Riparian Buffers Section 6.6. Variances from Riparian Buffer Regulations

6.6.1. Applicability

Morrisville, NC <> Unified Development Ordinance Page 6-8

E. Plats

Parcels that include riparian buffers must show the buffer areas, with both zones labeled and dimensioned, on the recorded plats.

(Ord. No. 2016-054, 11/22/2016)

SECTION 6.6. VARIANCES FROM RIPARIAN BUFFER REGULATIONS

6.6.1. Applicability

A. General

The procedure and standards in this subsection apply to the review of applications for a Riparian Buffer Variance seeking hardship relief from the standards of this article.

B. Minor Variances and Major Variances Distinguished

1. Minor Variance

A Minor Variance is a variance pertaining to activities that will impact only Zone Two of the riparian buffer.

2. Major Variance

A Major Variance is a variance pertaining to activities that will impact any portion of Zone One of the riparian buffer (irrespective of whether it also impacts Zone Two).

6.6.2. Riparian Buffer Variance Procedure

Figure 6.6.2 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Riparian Buffer Variance application and note any specific variations of, or additions to, those review steps.

A. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

B. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

C. Staff Review and Report

The Town Engineer shall review the application, allow revisions of the application, and prepare a staff report in accordance with Section 2.4.4, except that the staff report shall summarize the variance request based on submitted evidence—but need not include a recommendation for action.

D. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for a Planning and Zoning Board Board of Adjustment meeting in accordance with Section 2.4.5.

E. Planning and Zoning Board Board of Adjustment Review and Decision

The Planning and Zoning Board Board of Adjustment shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions.

EXHIBIT A

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Article 6: Riparian Buffers Section 6.6. Variances from Riparian Buffer Regulations

6.6.2. Riparian Buffer Variance Procedure

Morrisville, NC <> Unified Development Ordinance Page 6-9

1. If the Riparian Buffer Variance application requests a Minor Variance, the decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Deny the application.

2. If the Riparian Buffer Variance application requests a Major Variance, the decision shall be a preliminary determination of compliance with the review standards in Section 6.6.3, Riparian Buffer Variance Review Standards, which shall be submitted to the North Carolina Environmental Management Commission to approve, approve with conditions, or deny.

3. Approval of an application for a Minor Variance shall require the affirmative vote of at least 4/5 of all the members of the board. (In such cases, vacant positions and members who are excused from voting shall not be considered members of the board.)

F. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

1. Appeal of Decisions on Minor Variance Applications

If the decision was approval or denial of an application for a Minor Variance, the decision may be appealed to the Planning and Zoning Board Board of Adjustment under NCGS 160A-388 or NCGS 153A-345.

2. Appeal of Decisions on Major Variance Applications

Appeals from a Commission decision on a major variance request are made on judicial review to Superior Court.

a. Upon the Commission's approval, the Division or the delegated local authority shall issue a final decision granting the major variance.

b. Upon the Commission's approval with conditions or stipulations, the Division or the delegated local authority shall issue a final decision, which includes these conditions or stipulations.

c. Upon the Commission's denial, the Division or the delegated local authority shall issue a final decision denying the major variance.

(Ord. No. 2016-054, 11/22/2016)

3. Submittal of Preliminary Determination on Major Variance Applications to State

a. If the decision was a preliminary determination on an application for a Major Variance, the Town Engineer shall submit the preliminary determination to the North Carolina Environmental Management Commission for approval in accordance with applicable State regulations.

b. After the North Carolina Environmental Management Commission approves the Major Variance or approves it with conditions or stipulations added, then the Commission shall submit a copy of its decision to the Town Engineer, who shall file it in the Planning Department.

Riparian BufferVariance

Board of Adjustment Review, Quasi-Judicial

Public Hearing, and Decision (Minor Variance)

or Preliminary Determination (Major

Variance)

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

Figure 6.6.2

Submittal of Preliminary Determination to NC

Environmental Management Commission for Review and Decision

(Major Variance)

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Article 6: Riparian Buffers Section 6.6. Variances from Riparian Buffer Regulations

6.6.3. Riparian Buffer Variance Review Standards

Morrisville, NC <> Unified Development Ordinance Page 6-10

4. Issuance and Recordation of Variance

If a Riparian Buffer Variance application is approved, the Town Engineer shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. The documentation shall also include notice of the Town’s right to inspect riparian buffers to ensure compliance with this article. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located.

5. Effect of Approval

a. Approval and recordation of a Riparian Buffer Variance authorizes only the particular regulatory relief approved as part of the Variance, as applied only to the land for which the Variance is approved, and only in accordance with any approved plans and documents, and conditions of approval. It does not exempt the applicant from the responsibility to obtain all other development permits required by this Ordinance and any other applicable laws, and does not indicate that the development for which the Variance is granted should receive approval of other applications for a development permit required under this Ordinance unless the relevant and applicable portions of this Ordinance or any other applicable laws are met.

b. Unless it expires in accordance with Section 6 below, an approved and recorded Riparian Buffer Variance—including any approved plans, documents, and conditions of approval—shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership. All decisions, determinations, and interpretation by Town staff shall be consistent with an approved and recorded Variance.

6. Expiration of Approval

A Riparian Buffer Variance shall expire and become invalid if the property owner changes development on the site such that the extraordinary and exceptional conditions that warranted the hardship and Variance no longer do so.

6.6.3. Riparian Buffer Variance Review Standards

A. Riparian Buffer Variance Review Standards

The Planning and Zoning Board Board of Adjustment shall approve an application for a Minor Riparian Buffer Variance or make a preliminary determination in favor of an application for a Major Riparian Buffer Variance only if it reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing:

1. There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the Variance is sought, that do not generally apply to other lands or structures in the vicinity;

2. The extraordinary and exceptional conditions referred to above are not the result of the actions of the landowner;

3. The applicant did not purchase the property subject to the Variance application after January 22, 1997, if the property is located in the Neuse River Basin, or after April 26, 2011, if the property is located in the Jordan Lake watershed;

4. Because of the extraordinary and exceptional conditions referred to above, the application of this article to the land or structure for which the Variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship;

5. The Variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated;

EXHIBIT A

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Article 7: Stormwater Management Section 7.2. Administration and Procedures

7.2.4. Approvals

Morrisville, NC <> Unified Development Ordinance Page 7-8

enforcement of erosion and sedimentation control plans. Prior to land disturbing activities, a Sedimentation & Erosion Control Plan Approval and a Grading Permit shall be obtained directly from Wake County. Sedimentation & Erosion Control Plans shall be prepared in accordance with Article 10 – Erosion and Sedimentation Control of the Wake County Unified Development Ordinance, and as subsequently amended.

D. As-Built Plans and Final Approval

1. Upon completion of a project, and before a Certificate of Compliance/Occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual “as built” plans for all stormwater management facilities or practices after final construction is completed.

2. The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this article. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities.

E. Other Permits

No Certificate of Compliance/Occupancy shall be issued by the Town Inspections Department without final as-built plans and a final inspection and approval by the Stormwater Administrator, except where multiple units are served by the stormwater practice or facilities, in which case the Inspections Department may elect to withhold a percentage of permits or Certificates of Compliance/Occupancy until as-built plans are submitted and final inspection and approval has occurred.

(Ord. No. 2016-004, 04/01/2016)

7.2.4. Approvals

A. Effect of Approval

Approval of a Stormwater Management Permit authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, State, and federal authorities.

B. Time Limit/Expiration

1. An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.

2. In granting an extension, the Stormwater Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant’s vested rights.

7.2.5. Stormwater Variances

A. Any person may petition the Town for a variance granting permission to use the person's land in a manner otherwise prohibited by this article. For all proposed major and minor variances from the requirements of this article, the Planning and Zoning Board Board of Adjustments shall make findings of fact showing that:

1. There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the article;

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2. The variance is in harmony with the general purpose and intent of the local watershed protection regulations and preserves their spirit; and

3. In granting the variance, the public safety and welfare have been assured and substantial justice has been done.

B. In the case of a request for a minor variance, the Planning and Zoning Board Board of Adjustment may vary or modify any of the regulations or provisions of the article so that the spirit of the article shall be observed, public safety and welfare secured, and substantial justice done, and may impose reasonable and appropriate conditions and safeguards upon any variance it grants.

C. The Planning and Zoning Board Board of Adjustment may attach conditions to the major or minor variance approval that support the purpose of the local watershed protection regulations. If the variance request qualifies as a major variance, and the Planning and Zoning Board Board of Adjustment decides in favor of granting the major variance, the Board shall then prepare a preliminary record of the hearing and submit it to the North Carolina Environmental Management Commission for review and approval. If the Commission approves the major variance or approves with conditions or stipulations added, then the Commission shall prepare a Commission decision which authorizes the Planning and Zoning Board Board of Adjustment to issue a final decision which would include any conditions or stipulations added by the Commission. If the Commission denies the major variance, then the Commission shall prepare a decision to be sent to the Planning and Zoning Board Board of Adjustment. The Planning and Zoning Board Board of Adjustment shall prepare a final decision denying the major variance.

D. Appeals from the local government decision on a major or minor variance request are made on certiorari to the local Superior Court. Appeals from the Commission decision on a major variance request are made on judicial review to Superior Court.

E. On request of the Stormwater Administrator, any person who petitions the Planning and Zoning Board Board of Adjustment for a variance under this section shall provide notice to the affected local governments of the variance request as required under the Jordan Rule, 15A NCAC 2B.0104(r). For purposes of this notice requirement, “affected local governments” means any local governments that withdraw water from Lake Jordan or its tributaries downstream of the site of the proposed variance. If the proposed variance is in a Water Supply Watershed area classified as WS II, WS III or WS IV, “affected local governments” also includes any other local governments in the same water supply watershed as the proposed variance. The notice shall provide a reasonable period for comments and shall direct the comments to be sent to the Stormwater Administrator. The person petitioning for the variance shall supply proof of notification in accordance with this section to the Stormwater Administrator.

7.2.6. Appeals

Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this article made by the Stormwater Administrator, may file an appeal to the Planning and Zoning Board Board of Adjustment within 30 days. Applications for an Appeal shall be filed, reviewed, and decided in accordance with 2.5.22, Administrative Appeal, except that the Planning and Zoning Board Board of Adjustment shall make a final decision on an appeal of a decision relating to civil penalties for violations of this article within 90 days after the date the appeal application is accepted.

SECTION 7.3. STANDARDS

7.3.1. General Standards

All development and redevelopment to which this article applies shall comply with the standards of this section. The approval of the Stormwater Management Permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans.

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F. Use of in Lieu Funds

1. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for the construction of cross access improvements for which the in-lieu payment is made. Such activities may be undertaken by the Town or private entity.

2. All in lieu funds utilized shall be for the amount equal to the in lieu payment.

(Ord. No. 2019-106, 08/27/2019)

8.1.3. Alternatives in Lieu of Construction of Public Street Improvements

A. General

In lieu of providing all the required public street improvements (including associated roadways, bikeways, and sidewalks), the developer may, with Town approval, provide payment in lieu of construction of public street improvements in accordance with the standards in Section 8.1.3. The Town may require a combination of partial payment of funds and partial dedication of constructed street improvements on determining that a combination is in the best interests of the citizens of the area to be served.

B. Public Streets with No Funded Local, State or Federal Improvement Project

Decisions on whether or not to approve or deny requests are made by the following:

1. Town Council

The Town Council decides whether or not to waive providing payment in lieu for Town funded development applications.

2. Planning Director

The Planning Director decides whether or not to approve or deny requests for development applications not funded by the Town.

C. Public Streets with Planned and Publicly Funded Improvements

1. State and Local Government Development

Major and Minor Site Plans funded and constructed by a state or local government agency are not required to construct public street improvements or provide a payment in lieu of construction of public street improvements, as required in Section 5.8.3 and 5.8.5, when the development fronts on and obtains vehicular access from a public street with a funded local, state, or federal improvement project.

A state or local government agency shall be required to construct any improvements, such as turn lanes, deemed necessary by a Town or NCDOT Driveway Permit to provide safe ingress and egress to the development.

2. All Other Development

Major and Minor Site Plans funded and constructed by a non-state or local government entity shall provide payment in lieu of construction, not construction thereof, for the public street improvements, required in Sections 5.8.3 and 5.8.5, when the development fronts on or obtains vehicular access from a public street with a funded local, state or federal improvement project.

A non-state or local government entity shall be required to construct any improvements, such as turn lanes, deemed necessary by a Town or NCDOT Driveway Permit to provide safe ingress and egress to a development.

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2. The final Notice of Violation (which may also be the initial Notice of Violation) shall state what course of action is intended if the violation is not corrected or an administrative hearing is not requested within the specified time limit. If the final Notice of Violation identifies the assessment of a civil penalty as a potential intended course of action, the Notice of Violation shall also serve as a warning citation. The final Notice of Violation shall also advise the violators of their rights to appeal the Notice of Violation to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal.

3. On receiving a written request for extension of the time limit for correction specified in the Notice of Violation, the Planning Director or Town Engineer, as appropriate, may grant a single extension of the time limit for up to 90 days for good cause shown.

4. If the owner of the property cannot be located or determined, the Planning Director or Town Engineer, as appropriate shall post a copy of the notice on the building, structure, sign, or site that is the subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to begin five days after the notice is posted.

B. Administrative Hearing

If the violator requests an administrative hearing within the deadline set forth in the Notice of Violation, the Planning Director or Town Engineer, as appropriate shall schedule a hearing not less than seven days or more than 30 days after receiving the request, and shall provide the violator written notice of the time and place of the hearing. At the conclusion of the hearing, the Planning Director or Town Engineer, as appropriate shall make a final determination of whether a violation exists and, if finding that a violation does exist, shall order the violator to undertake actions necessary to abate the violation within a set time limit. The Planning Director or Town Engineer, as appropriate shall also advise the violator of the right to appeal the final determination of violation to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal.

C. Application of Remedies and Penalties

On determining that the violator has failed to correct the violation by the time limit set forth in the final Notice of Violation (or any granted extension thereof) or set at a subsequent administrative hearing, or has failed to appeal the Notice of Violation or final determination of violation in a timely manner and in accordance with Section 2.5.22, Administrative Appeal, the Planning Director or Town Engineer, as appropriate shall take appropriate action, as provided in Section 10.4, Remedies and Penalties, to correct the violation and to ensure compliance with this Ordinance.

D. Emergency Enforcement without Notice

On determining that delay in correcting the violation would pose a danger to the public health, safety, or welfare, the Planning Director or Town Engineer, as appropriate may seek immediate enforcement without prior written notice by invoking any of the remedies authorized in Section 10.4, Remedies and Penalties.

E. Repeat Violations

If the same violation, except for repeat violations subject to Section10.4.2.A, Violations of Riparian Buffer Regulations, is repeated by the same offender over any two-year period, the Town may commence the application of remedies or penalties at the stage in the process where the previous violation was resolved.

F. Authority to Require Statements

The Town shall have the authority to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activities constituting a potential violation of this Ordinance.

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b. The land area subject to the penalty shall be equivalent to the land area that would have been located within the required tree protection area if it had been established.

c. The civil penalty associated with damage to or removal of existing trees where a tree protection area is required but not established shall not exceed a maximum of $1,000,000 for any single occurrence.

3. Tree Replacement Required

In addition to the imposition of civil penalties, replacement trees planted in accordance with the standards in Section 5.4.7, Mitigation for Tree Removal, shall be required.

E. Other Violations

Any person, firm, or corporation who violates the provisions of this Ordinance other than those in Article 6: Riparian Buffers or Article 7: Stormwater Management, shall be subject to civil penalties as follows:

1. A civil penalty in the amount of $50.00 per violation for the first day and $100.00 per violation for any day thereafter in violation.

2. Each day’s continuing violation shall be a separate and distinct offense.

F. Citation

1. To impose a civil penalty, the Planning Director or Town Engineer, as appropriate, shall first provide the violator a written citation, either by personal service or certified mail, return receipt requested. The citation shall:

a. Describe the violation;

b. Specify the amount of the civil penalty being imposed;

c. Direct the violator to, within 30 calendar days after the date the citation is received, pay the civil penalty to the Town or contest the citation by submitting a written request an administrative hearing; and

d. Advise the violator of the right to appeal the citation to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal.

2. If the violator requests an administrative hearing within the deadline set forth in the citation, the Planning Director or Town Engineer, as appropriate, shall schedule a hearing not less than seven days or more than 30 days after receiving the request, and shall provide the violator written notice of the time and place of the hearing. At the conclusion of the hearing, the Planning Director or Town Engineer, as appropriate, shall make a final determination of (1) whether the citation is warranted, and (2) whether the penalty amount is appropriate or should be reduced. If finding that the citation is warranted and the penalty amount is confirmed or reduced, the Planning Director or Town Engineer shall order the violator to pay the civil penalty to the Town. The Planning Director or Town Engineer, as appropriate, shall also advise the violator of the right to appeal the citation to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal.

3. If the violator fails to either pay the civil penalty or set at a subsequent administrative hearing, or has failed to appeal the citation in a timely manner and in accordance with Section 2.5.22, Administrative Appeal, the Town may institute a civil action in the nature of a debt in a court of competent jurisdiction to recover the civil penalty.

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BIKE LANE A designated area within a street roadway or other vehicular accessway that is reserved for bicycle travel and separated from the rest of the roadway or vehicular accessway by painted lines or other pavement markings.

BIKE LOCKER A locker or box in which a single bicycle is placed and locked in.

BIKE PATH A designated accessway reserved for bicycle travel that is not within a street roadway or other vehicular accessway. A bike path may be within a greenway or may parallel a street or other vehicular accessway, but are typically separated from them by landscaping.

BIKE RACK A stand used for mounting and securing two bicycles when not in use.

BIKEWAY Any improved bicycle accessway that is specifically designated as being open to bicycle travel, regardless of whether such facility is designated for the exclusive use of bicycles or is shared with other transportation modes. Bikeways include bike lanes within roadways and off-street bike paths.

BLOCK A unit of land bounded by streets or by a combination of streets and parks or open space, railroad rights-of-way, waterways or any barrier to the continuity of development.

BLOCK FACE Properties abutting one side of a street or public right-of-way and lying between the two nearest intersecting streets or rights-of-way, or intersecting right-of-way and railroad right-of-way, unsubdivided land, water course or Town boundary.

BOARD OF ADJUSTMENT See Section 2.2.2.

BREWERY An establishment primarily engaged in the brewing ale, beer, malt liquors, and nonalcoholic beer that is permitted to do so in accordance with N.C.G.S. 18B-1104 and regulations of the Alcoholic Beverage Control Commission, with a capacity of 15,000 barrels or more per year. Accessory uses include a restaurant, a public tasting room, and retails sales of ale or beer, or related products.

BRICK Block made of kiln-fired material, usually clay or ground shale, laid in small, individual units with concrete mortar joints.

BRIDGE A structure carrying a walkway, bikeway, roadway, or railway over a depression or obstacle such as a watercourse, ravine, roadway, or railway. Roadway bridges cannot be constructed of wood.

BROADCAST STUDIO Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings.

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CENTRAL UTILITY PLANT A facility that produces electricity, heat, cooling, steam, compressed air, natural gas, and other similar resources for a hospital, college, or university.

CERTIFICATE OF COMPLIANCE/OCCUPANCY A certificate issued by a building official representing a determination that work done on a building or development project has been completed in compliance with all applicable State and local laws and with the terms of building permits and may be occupied safely.

CHANGE IN USE A change in the principal use of a structure or land, or a portion thereof, including a new, different, or additional principal use listed in Table 4.2.4: Principal Use Table. For multi-tenant structures a change in use does not occur unless either (a) a Major Site Plan Approval, a Special Use Permit Approval or a Conditional Rezoning Approval is required for a use or (b) one principal use occupies more than 50% of the total approved square footage—e.g., a place of worship is proposed to take more than 50% of a structure approved as a shopping center, or eating and drinking establishments are proposed to take more than 50% of a structure approved as major flex space.

CHANGEABLE COPY SIGN See Sign, Changeable Copy.

CHANNEL A natural water-carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.

CHEMICAL CONDITIONS HYDROLOGY The flood discharges associated with the land-use conditions existing within the drainage area of a watercourse at the time a flood study of the watercourse was conducted. Current conditions flood discharges and historical flood study information is published in the Flood Insurance Study.

CHIMNEY A vertical structure attached to a building that contains a flue for drawing off smoke from a furnace, water heater, or fireplace

CLOTHESLINE A cord, rope, or wire stretched between two points above ground level on which clothes are hung to dry or air.

CLUB OR LODGE An organization and its premises catering exclusively to members and guests for social, intellectual, recreational, or athletic purposes not intended for profit.

CLUSTER BOX UNIT A centralized grouping of individually locked and keyed mailboxes meeting the specifications of the United States Postal Service.

CODE OF ORDINANCES The Morrisville, North Carolina Code of Ordinances.

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PERSON For purposes of enforcing this Ordinance in accordance with Article 10: Enforcement, “person’ includes any individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity. Persons subject the remedies and penalties established in Article 10: Enforcement, for violating this Ordinance shall include: an architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition resulting in or constituting a violation of this Ordinance; or an owner, any tenant or occupant, or any other person who has control over, or responsibility for, the use or development of the land on which the violation occurs. For all other purposes, “person” means any individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity.

PILASTER A rectangular column with a capital and base that is attached or affixed to a wall as an ornamental design feature.

PLACE OF WORSHIP, COMMUNITY OR NEIGHBORHOOD A structure, together with its accessory buildings and uses, where people regularly assemble to conduct religious worship, ceremonies, rituals, and related education. The structure and its accessory buildings and uses are maintained and controlled by a religious body. Places of worship include chapels, churches, mosques, shrines, synagogues, tabernacles, temples, and other similar religious places of assembly. Accessory uses may include administrative offices, classrooms, meeting rooms, cooking and eating facilities and dwelling units housing up to two faith leaders. A place of worship may be combined with other uses that generally exist as principal uses—e.g., day care center, school, cemetery, or private recreational/entertainment facility. Such uses are treated as principal uses and subject to the standards and limitations applicable to such uses, and are included in the total gross floor area if located on the same lot..

A community place of worship is a place of worship where the total gross floor area exceeds 8,000 square feet. A neighborhood place of worship is a place of worship where the total gross floor area is no more than 8,000 square feet.

PLACE SIGN See Sign, Place.

PLANNED UNIT DEVELOPMENT A tract of land under individual, corporate, firm, partnership, or association ownership, or under common control evidenced by duly recorded contracts or agreements, planned and developed as an integral unit in a single development operation or in a definitely programmed series of development operations in accordance with a master land use plan and detailed engineering and architectural plans.

PLANNING AND ZONING BOARD See Section 2.2.2.

PLANNING DIRECTOR The Director of the Morrisville, North Carolina Planning Department. See Section 2.2.1.A.

PLAT A map or plan of a parcel of land which is to be, or which has been, subdivided.

2.2.3

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SIGN, MARQUEE A sign attached to or mounted to the top of a marquee, generally used to identify a specific motion picture or event, and subject to frequent change in copy.

SIGN, OFF-PREMISE See Section 5.16.3.A.

SIGN, OFF-SITE TEMPORARY DIRECTIONAL A sign located outdoors, which guides, instructs, or directs viewers to a place or event not located on the same premise.

SIGN, POLITICAL A sign attracting attention to political candidates or political issues and regulated as a temporary sign.

SIGN, PORTABLE Any sign that rests upon the ground, a structure, frame, building, or other surface; such signs include but are not limited to the following: trailer signs, sandwich board signs, and sidewalk or curb signs.

SIGN, PROJECTION FASCIA A sign attached to and projecting out from a building face or wall, generally at a right angle to the building.

SIGN, PROMOTIONAL EVENT A sign identifying a grand opening, parade, festival, fund drive, holidays, fairs, carnivals, special sales, or similar events. Special event signs are only permitted after approval by the Town.

SIGN, REAL ESTATE Any sign announcing the sale, rental, or lease of a lot, tract of land, one or more structures, or a portion thereof, upon which the sign is located.

SIGN, SANDWICH BOARD A movable ground sign, not secured or attached to the surface or ground upon which it is located, that constructed in such a manner as to form and “A” or tent-like shape.

SIGN, TEMPORARY A sign that can be used only for a designated period of time.

SIGN, TRAFFIC A sign indicating federal, state, or Town regulations for automobile, truck, bicycle, and pedestrian movement.

SIGN, WALL-MOUNTED FASCIA A sign attached to a vertical wall and confined to the area between the final grade elevation and the eaves of a building structure.

SITE PLAN APPROVAL, MAJOR See Section 2.5.7.

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SITE PLAN APPROVAL, MINOR See Section 2.5.7.

SITE-SPECIFIC DEVELOPMENT PLAN A plan submitted to the Town as part of an application for a Special Use Permit or Site Plan Approval in accordance with the provisions of N.C.G.S. 160A-385.1 for local designation of site-specific development plans for the purposes of establishing vesting.

SITE-SPECIFIC DEVELOPMENT PLAN DESIGNATION See Section 2.5.21.

SKETCH PLAN A plan that depicts the general configuration and relationship of the principal elements of the proposed development such as uses, intensity, access and circulation, and open space.

SMALL WIND ENERGY SYSTEM A wind energy conversion system consisting of a rotating wind turbine and related control or conversion equipment that converts the kinetic energy in wind into mechanical energy, has a rated capacity of not more than 100 kilowatts (kW), and is intended to primarily reduce on-site consumption of utility power for homes or businesses.

SOLAR ENERGY COLLECTION SYSTEM A system consisting of solar panels, modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or that collects solar energy and converts it into electricity. As an accessory use, a solar energy collection system is designed to primarily meet on-site demands (but may include transfer of excess electricity to an electric utility grid) and components are typically mounted on the roof(s) of principal or accessory structures, but may be mounted on other parts of structures, or on the ground.

SOLAR REFLECTIVE INDEX (SRI) A measure of a constructed surface’s ability to reflect solar heat, as shown by a small temperature rise. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is 0 and a standard white (reflectance 0.80, emittance 0.90) is 100. SRI combines reflectance and emittance into one number.

SOLID WASTE DISPOSAL FACILITY As defined in N.C.G.S. 130A-290(a)(35), any facility involved in the disposal of solid waste.

SOLID WASTE DISPOSAL SITE As defined in N.C., Gen. Stat. 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

SPA OR HOT TUB An above- or below-ground structure that is filled with water and used for soaking, relaxation, massage, or hydrotherapy.

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application forms, checklists for plans and other documents to be submitted with applications, the content and scale/format of such plans and documents, schedules and timelines for application review steps), identify application fees (as established by the Town Council), summarize development review procedures and standards to facilitate the use and understanding of them, and include detailed specifications and illustrations identifying how this Ordinance’s standards for landscaping, public infrastructure, and other aspects of development may be met;

(5) To maintain the official Zoning Map and related materials;

(6) To serve as professional staff to the Board of Adjustment, Planning and Zoning Board, and Town Council;

(7) To assist in enforcing this Ordinance in accordance with Article 10: Enforcement;

(8) To interpret the provisions of this Ordinance in accordance with the standards in Article 11: Interpretation and Definitions;

(9) To provide expertise and technical assistance to the Town’s review and decision-making bodies on request; and

(10) To maintain on file a record of all development applications reviewed under this Ordinance and make copies available on request.

B. Town Engineer

1. General

The Town Engineer is the Town official primarily responsible for administering those provisions in this Ordinance pertaining to floodplain management, stormwater management and riparian buffers, and for reviewing detailed construction plans for compliance with infrastructure and various environmental regulations, for monitoring and inspecting authorized construction, and for reviewing completed public infrastructure proposed to acceptance by the Town. The Town Engineer may delegate any review or decision-making authority to any professional-level staff in the Engineering Department and may delegate clerical authority to any staff in the Engineering Department.

2. Powers and Duties

a. Review of Development Applications

The Town Engineer shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

b. Other Powers and Duties

The Town Engineer shall have the following additional powers and duties under this Ordinance:

(1) To participate in pre-application conferences (Section 2.4.2);

(2) To serve as Vice-Chair of the Development Review Committee and participate in the review of development applications as a member of the committee;

(3) To assist the Planning Director in establishing requirements for the contents and format of development applications reviewed under this Ordinance, with prime responsibility for establishing requirements for stormwater and riparian buffer applications;

(4) To assist the Planning Director in developing and maintaining an administrative manual, with prime responsibility for developing and maintaining those parts of the administrative manual related to stormwater, riparian buffer, and construction plan applications and standards;

(5) To assist in enforcing this Ordinance in accordance with Article 10: Enforcement;

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3. Membership and Appointment

a. The Development Review Committee shall consist of the Planning Director and Town Engineer, plus representatives from each of the following Town departments typically involved with review of development in Morrisville, as designated by the head of the department:

(1) Planning Department;

(2) Engineering Department; and

(3) Fire Department.

b. On request by the Planning Director, representatives from other Town departments (e.g., Parks, Recreation, and Cultural Resources Department, Police Department, Public Works Department, Inspections Department) and from outside regulatory agencies, service providers, and organizations generally involved with development review or commonly affected by development in Morrisville (e.g., Cary Department of Public Works and Utilities, Wake County Department of Environmental Services, North Carolina Department of Transportation, Duke Energy/Progress Energy) may participate in committee meetings.

4. Chair and Vice-Chair

The Planning Director shall serve as Chair of the Development Review Committee, and shall schedule meetings, coordinate committee activities, preside over committee meetings, prepare committee reports, and serve as liaison to the departments and agencies involved for clarification of issues and resolution of conflicts. The Town Engineer shall serve as Vice-Chair, and shall preside over board meetings in the absence of the Chair.

5. Meetings

a. The Development Review Committee shall establish a regular meeting schedule and meet frequently enough to act as expeditiously as practicable on matters before it. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, and may call a special or emergency meeting.

b. The Chairman of the Development Review Committee may invite applicants to attend Development Review Committee meetings as necessary to answer questions from, or provide clarifications requested by, Development Review Committee members.

c. Written comments of committee members shall be filed in the Town’s permitting information database.

E. Town Attorney

1. General

The Town Attorney is appointed by the Town Council and serves as its legal advisor, as well as legal advisor to Town staff in administering laws of the Town.

2. Powers and Duties

In addition to the authority and duties conferred by general law and the Town Council, the Town Attorney shall have the following powers and duties under this Ordinance:

a. To review and approve as to form all written findings of fact, conclusions of law, development permits, ordinances, and other documents draft by the Town Council, Planning and Zoning Board, Board of Adjustment, Development Review Committee, Town Engineer, Planning Director, and Town departments in connection with any requirement of this Ordinance;

b. To review as to form all agreements, easements, declarations of covenants, performance or maintenance guarantees, or other such documentation in connection with any requirement of this Ordinance;

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c. To assist the Planning Director and Town Engineer in interpreting the provisions of this Ordinance in accordance with Article 11: Interpretation and Definitions;

d. To assist in enforcing this Ordinance and in prosecuting actions against violators in accordance with Article 10: Enforcement; and

e. To counsel the Town Council, Planning and Zoning Board, Board of Adjustment, Planning Director, Town Engineer, and Town departments in the review of development applications and the general implementation of this Ordinance.

2.2.2. Board of Adjustment

A. Establishment

The Board of Adjustment is hereby established in accordance with state law.

B. Powers and Duties

1. Review of Development Applications

The Board of Adjustment shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

2. Other Powers and Duties

The Board of Adjustment shall have any other powers and duties delegated to it by the Town Council, consistent with state law.

C. Membership, Appointment, and Terms of Office

1. Membership and Appointment

a. The Board of Adjustment shall consist of five regular voting members and two alternate members.

b. Four of the regular members shall be residents of the Town’s incorporated area and shall be appointed by the Town Council.

c. One regular member shall be a resident of the Town’s extraterritorial jurisdiction (ETJ) and shall be appointed by the Wake County Board of Commissioners.

d. The two alternate members shall be residents of either the Town’s incorporated area or its extraterritorial jurisdiction, and shall be appointed by the Town Council.

(Ord. No. 2016-001, 05/10/2016)

2. Alternate Members

The Chair of the Board of Adjustment shall assign an alternate member to serve as a substitute for a regular member who is temporarily absent or disqualified. When substituting for a regular member, an alternate member shall have the same powers and duties as the replaced regular member.

3. Terms

a. Members of the Board of Adjustment shall be appointed for three-year terms that are staggered such that the terms of not more than three regular members and two alternate members expire in a given year. Board members may be appointed to successive terms without limitation.

b. Vacancies occurring for reasons other than expiration of the term shall be filled for the period of the unexpired term only, and by the body (Town Council or Wake County Board of Commissioners) that appointed the vacating member.

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c. Board members shall continue to serve until their successors are appointed.

4. Attendance

Board of Adjustment members are responsible for attending all regular board meetings as set forth by the Town Council, and may be replaced in accordance with the current public body attendance policy.

D. Staff

The Planning Director shall serve as the professional staff for the Board of Adjustment and as the board’s Secretary, providing it administrative support, notifying members of board meetings, and keeping the minutes of meetings.

E. Officers

1. The Board of Adjustment shall recommend one of its members to serve as its Chair and another as its Vice-Chair. The Town Council shall consider those recommendations and appoint the board’s Chair and Vice-Chair, each to serve a one-year term. Members may be appointed to successive terms without limitation.

2. The Chair shall preside over all board meetings. The Vice-Chair shall preside over board meetings in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

F. Meetings

1. Meeting Schedule

The Board of Adjustment shall establish a schedule of regular meetings—including the date, time, and location of meetings—and keep a copy of the schedule on file with the Town Clerk. In accordance with state law, the Chair may cancel a regular meeting on determining that there are no agenda items for consideration, or call a special or emergency meeting.

2. Meeting Notice

Notice of all Board of Adjustment meetings shall be provided in accordance with state law and the public meeting requirements in Section 2.4.5.B, Public Notice.

3. Open Meetings

All Board of Adjustment meetings shall be open to the public in accordance with state law.

4. Meeting Procedure

In conducting its meetings, the Board of Adjustment shall follow rules of procedure adopted in accordance with Section 2.2.2.I, Rules of Procedure, consistent with the procedural requirements of this Ordinance and state law.

5. Meeting Record

The Board of Adjustment shall keep full and accurate minutes of its meetings in accordance with state law, including its findings and decisions and the votes thereon. Meeting minutes shall be a public record in accordance with state law.

G. Quorum and Vote

1. Quorum

Four members of the Board of Adjustment shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

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2. Voting

The concurring vote of four members of the Board of Adjustment shall be necessary to approve a Variance. The affirmative vote of three members shall be required for all other decisions, other than to adjourn a meeting for lack of a quorum.

H. Conflict of Interest

1. A Board of Adjustment member shall not participate in the review of, or vote on, an application for a Variance or Administrative Appeal if the action proposed by the application creates a conflict of interest. Such a conflict of interest exists if the member:

a. Has a fixed opinion prior to a hearing on the application that is not susceptible to change;

b. Fails to disclose ex parte communications;

c. Has a financial interest in the outcome of the review;

d. Has a close familial, business, or other associational relationship with an affected person; or

e. Otherwise has a relationship or acts in a manner that would violate affected persons’ constitutional rights to an impartial decision maker.

2. If an objection is raised to a board member’s participation in a matter based on a conflict of interest, and the member does not recuse himself or herself, the remaining members of the board present shall by majority vote determine whether the member is or is not disqualified from participating in the review.

I. Rules of Procedure

The Board of Adjustment shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Planning Department.

2.2.3.2.2.2. Planning and Zoning Board

A. Establishment

The Planning and Zoning Board is hereby established in accordance with state law.

B. Powers and Duties

1. Review of Development Applications

The Planning and Zoning Board shall have the review and recommendation authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

2. Other Powers and Duties

a. Prepare Comprehensive Plan

The Planning and Zoning Board shall formulate and maintain a Comprehensive Plan.

b. Studies

The Planning and Zoning Board shall make careful studies of present conditions and the probable future development of the town and its environs, including, but not limited to, land use surveys, population studies; economic base studies; school, park, and recreation studies; and traffic and parking studies.

c. Other Powers and Duties

The Planning and Zoning Board shall have any other powers and duties delegated to it by the Town Council, consistent with state law.

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F. Meetings

1. Meeting Schedule

The Planning and Zoning Board shall establish a schedule of regular meetings—including the date, time, and location of meetings—and keep a copy of the schedule on file with the Town Clerk. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, and may call a special or emergency meeting in accordance with state law.

2. Meeting Notice

Notice of all Planning and Zoning Board meetings shall be provided in accordance with state law and the public meeting requirements in Section 2.4.5.B, Public Notice.

3. Open Meetings

All Planning and Zoning Board meetings shall be open to the public in accordance with state law.

4. Meeting Procedure

In conducting its meetings, the Planning and Zoning Board shall follow rules of procedure adopted in accordance with Section 0, , consistent with the procedural requirements of this Ordinance and state law.

5. Meeting Record

The Planning and Zoning Board shall keep full and accurate minutes of its meetings in accordance with state law, including its findings and decisions and the votes thereon. Meeting minutes shall be a public record in accordance with state law.

G. Quorum and Vote

1. Legislative Decisions

a. Quorum

a. Three members of the Planning and Zoning Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

6. Voting

b. The concurring vote of a majority of Planning and Zoning Board members present and constituting a quorum shall be required for all decisions of the board, other than to adjourn a meeting for lack of a quorum.

2. Quasi-Judicial Decisions

a. Four members of the Planning and Zoning Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

b. The concurring vote of four members of the Planning and Zoning Board shall be necessary to approve a Variance. The affirmative vote of three members shall be required for all other decisions, other than to adjourn a meeting for lack of a quorum.

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H. Conflict of Interest

1. Legislative Decisions

A Planning and Zoning Board member shall not participate in the review of, or vote on, a development application if the outcome of the matter is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

2. Quasi-Judicial Decisions

a. A Planning and Zoning Board member shall not participate in the review of, or vote on, an application for a quasi-judicial decision if the action proposed by the application creates a conflict of interest. Such a conflict of interest exists if the member:

(1) Has a fixed opinion prior to a hearing on the application that is not susceptible to change;

(2) Fails to disclose ex parte communications;

(3) Has a financial interest in the outcome of the review;

(4) Has a close familial, business, or other associational relationship with an affected person; or

(5) Otherwise has a relationship or acts in a manner that would violate affected persons’ constitutional rights to an impartial decision maker.

b. If an objection is raised to a board member’s participation in a matter based on a conflict of interest, and the member does not recuse himself or herself, the remaining members of the board present shall by majority vote determine whether the member is or is not disqualified from participating in the review.

G. Rules of Procedure

I. Rules of Procedure

The Planning and Zoning Board shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Planning Department.

2.2.4.2.2.3. Town Council

A. Powers and Duties

To exercise the authority granted it by state law and the Town’s charter, the Town Council shall have the following powers and duties under this Ordinance.

1. Review of Development Applications

The Town Council shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 2.3, Summary Table of Development Review Procedures.

2. Adopt Schedule of Development-Related Fees

The Town Council is authorized to adopt, by ordinance, a schedule of fees governing the review of development applications and plans, inspections, and other matters involving the administration and enforcement of this Ordinance.

3. Adopt Schedule of Civil Penalties

The Town Council is authorized to adopt, by ordinance, a schedule of civil penalties for violations of this Ordinance.

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4. Other Actions

The Town Council is authorized to take any other action not assigned or delegated to the Planning Director, Board of Adjustment, Planning and Zoning Board, or other advisory or design-making authority as the Town Council deems desirable and necessary to implement provisions of this Ordinance, and as authorized by state law.

B. Conflicts of Interest

1. Special Use Permit Applications

a. A Town Council member shall not participate in the review of, or vote on, an application for a Special Use Permit if the action proposed by the application creates a conflict of interest. Such a conflict of interest exists if the member:

(1) Has a fixed opinion prior to a hearing on the application that is not susceptible to change;

(2) Fails to disclose ex parte communications; has a financial interest in the outcome of the review;

(2)(3) Has a financial interest in the outcome of the review;

(3)(4) Has a close familial, business, or other associational relationship with an affected person; or

(4)(5) Otherwise has a relationship or acts in a manner that would violate affected persons’ constitutional rights to an impartial decision maker.

b. If an objection is raised to a Town Council member’s participation in a matter based on a conflict of interest, and the member does not recuse himself or herself, the remaining members of the Town Council present shall by majority vote determine whether the member is or is not disqualified from participating in the review.

2. Other Development Applications

A Town Council member shall not participate in the review of, or vote on, any other development application if the outcome of the matter is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

SECTION 2.3. SUMMARY TABLE OF DEVELOPMENT REVIEW PROCEDURES Table 2.3, Summary of Development Review Procedures, lists the various types of development approvals authorized by this Ordinance. For each type of application for approval, the table indicates whether a pre-application staff conference is required, what role various Town review authorities play in its review, when a public comment session or public hearing is required, and what type of public hearing (standard or quasi-judicial) is involved. Reading table rows from left to right provides a summary view of the major steps involved with each type of application for a development approval.

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Table 2.3: Summary of Development Review Procedures C = Review and Comment R = Review and Recommend D = Review and Decide

( ) = Public Comment Session [ ] = Standard Public Hearing < > = Quasi-Judicial Public Hearing M = Mandatory O = Optional

Application Type Section Pre-

Appl

icati

on

Conf

eren

ce

Review Authorities

Staff Advisory Decision-Making

Build

ing

Offic

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Deve

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Revi

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Com

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Tow

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Plan

ning

Di

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or

Plan

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and

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Boa

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Ad

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Ordinance Amendments

Text Amendment 2.5.2 M R (R) [D]

Rezoning

General 2.5.3 M R (R) [D]

Conditional 2.5.3 M R (R) [D]

Planned Development 2.5.3 M R (R) [D]

Development Permits and Approvals

Conceptual Master Plan Approval 2.5.4 M C R (R) [D]

Special Use Permit 2.5.5 M R (R) <D>

Subdivision Approvals

Type 1 Subdivision Preliminary Plat Approval

2.5.6.B.1 M C R R D

Type 2 Subdivision Preliminary Plat Approval

2.5.6.B.2 M C D

Final Plat Approval 2.5.6.C O C D Determination of Subdivision Exclusion 2.5.6.D O C D

Site Plan Approval Major

<>2.5.7.B M C RD R D

Minor 2.5.7.C M C D

Construction Plan Approval 2.5.8 M D C

Floodplain Development Permit 2.5.9 O D C

Riparian Buffer Development Review 6.5 M D C

Stormwater Management Permit 7.2 M D

Sign Permit [1] 2.5.12 O C D

Building Permit [2] 2.5.13 O D C C

Certificate of Compliance/Occupancy [2] 2.5.14 O D C C

Interpretation 2.5.15 O C D

Variance 2.5.16 M R <D> <D>

Riparian Buffer Variance

Major 2.5.17 M R C <D>[3] <D>[3]

Minor 2.5.17 M R C <D> <D>

Stormwater Variance

Major 7.2.5 M R <D>[3] <D>[3]

Minor 7.2.5 M R <D> <D>

Administrative Adjustment 2.5.19 O C D

Alternative Equivalent Compliance [4] 2.5.20 O C R (R) <D>

Site-Specific Development Plan Designation 2.5.21 M C R (R) [D]

Administrative Appeal 2.5.22 O <D> <D>

Development Agreement 2.5.23 M C R (R) [D]

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Table 2.3: Summary of Development Review Procedures C = Review and Comment R = Review and Recommend D = Review and Decide

( ) = Public Comment Session [ ] = Standard Public Hearing < > = Quasi-Judicial Public Hearing M = Mandatory O = Optional

Application Type Section Pre-

Appl

icati

on

Conf

eren

ce

Review Authorities

Staff Advisory Decision-Making

Build

ing

Offic

ial

Deve

lopm

ent

Revi

ew

Com

mit

tee

Tow

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Plan

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Di

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Right-of-Way Encroachment Agreement 2.5.23 O C R (R) [D]

Wireless Telecommunication Facilities

Special Use Permit 2.5.25 M R (R) <D>

Major Site Plan 2.5.25 M C DR R D

Minor Site Plan 2.5.25 M C D

Notes: [1] The Building Official only reviews Sign Permit applications where an electrical or Building Permit is also required under the Building Code. [2] Review procedures for Building Permits and Certificates of Compliance/Occupancy are established in the Building Code, but are shown here because they are closely related to the development review procedures in this Ordinance. [3] The Board of Adjustment’sPlanning and Zoning Board’s decision is preliminary and is submitted to the N.C. Environmental Management Commission for a final decision (see 7.2.5.C). [4] A quasi-judicial public hearing and decision is required irrespective of whether one is required for the concurrently reviewed application.

(Ord. No. 2014-016, 06/24/2014; Ord. No. 2014-051, 11/10/2014; Ord. No. 2016-001, 05/10/2016)

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SECTION 2.4. STANDARD REVIEW PROCEDURES

2.4.1. General

This section describes the standard procedural steps and other rules that are generally applicable to all development applications reviewed under this Ordinance, unless otherwise expressly exempted or alternative procedures are specified in Section 2.5, Application-Specific Review Procedures. (See Figure 2.4.1: Standard Review Procedures.)

2.4.2. Pre-Application Conference

A. Purpose

The purpose of a pre-application conference is to provide an opportunity for an applicant and Town staff to: review applicable submittal requirements, procedures, and schedules; discuss the scope, features, and potential impacts of the proposed development as they relate to the standards in this Ordinance; and identify primary contacts for the applicant and Town staff.

B. When Required

A pre-application conference between the applicant and Town staff is mandatory for a particular application type as shown in Table 2.3, Summary of Development Review Procedures. A pre-application conference is optional for all other application types.

C. Procedure

If a pre-application conference is held, whether it is mandatory or optional, it shall be scheduled and conducted in accordance with the following procedural provisions.

1. Request

For applications for Construction Plan Approval, Stormwater Management Permit, or Stream Origin Determination, an applicant shall submit a request for a pre-application conference to the Town Engineer. For all other applications, the request shall be submitted to the Planning Director.

2. Scheduling

On receiving a request for a pre-application conference, the Planning Director or Town Engineer, as appropriate, shall schedule the pre-application conference with appropriate Town staff members and notify the applicant of the time and place of the conference.

3. Required Information Submitted Prior to Conference

a. Text Amendments and Rezonings

At least two business days before a scheduled pre-application conference for a Text Amendment or Rezoning application, the applicant shall submit to the Planning Director a written description of the nature and purpose of the amendment or rezoning and its consistency with the Comprehensive Plan.

Standard Review Procedures

Board of Adjustment or Town Council Review and

Decision (Sec. 2.4.7)

Scheduling and Public Notice of Meetings

(Sec. 2.4.5)

Staff Review and Action (Sec. 2.4.4)

Application Submittal, Acceptance, Revisions,

and Withdrawal (Sec. 2.4.3)

Pre-Application Conference (Sec. 2.4.2)

Planning and Zoning Board Review and Recommendation

(Sec. 2.4.6)

Figure 2.4.1

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G. Application Revisions

1. An applicant may revise a development application for any of the following reasons.

a. To address deficiencies provided as part of the staff review (see Section 2.4.4.B, Staff Review and Opportunity for Application Revision),

b. To make limited changes that directly respond to specific requests or suggestions made by a reviewing board or staff in response to a reviewing board, as long as they constitute only minor additions, deletions, or corrections and do not include substantive changes to the development proposed in the application. Such changes shall only occur after requesting and receiving permission from the Planning and Zoning Board (see Section 2.4.6.C, Revision of Application) or the Board of Adjustment or Town Council (see Section 2.4.7.D, Revision of Application) after such board has reviewed, but not yet taken action on the application. Additional application fees to defray the additional costs of processing the revised application may be required; or

c. To have the application reviewed under a new rule or ordinance change that went into effect after the applicant received a written notice of application submittal acceptance, but prior to receiving a written decision on the application. This revision option is limited to application types listed below, and additional application fees to defray the additional costs of processing the revised application may be required.

(1) Section 2.5.6, Subdivision Approvals;

(2) Section 2.5.8, Construction Plan Approval;

(3) Section 2.5.9, Floodplain Development Permit;

(4) Section 2.5.10, Riparian Buffer Development Review; and

(5) Section 2.5.11, Stormwater Management Permit.

2. Any other revisions to a development application may be submitted at any time during the review procedure, but the original application shall be withdrawn and the revised application shall be submitted and reviewed as a new application.

3. The revised application submittal may be subject to additional application fees to defray the additional costs of processing the revised application.

H. Application Withdrawal

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Planning Director or Town Engineer, as appropriate, but the application fee shall not be refunded.

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

2.4.4. Staff Review and Action

A. Referral of Application to Development Review Committee, Staff, and Review Agencies

If a development application is subject to review and comment by the Development Review Committee (see Table 2.3, Summary Table of Development Review Procedures), the Planning Director shall refer the application to Development Review Committee members for review and comments. In all other cases, the Planning Director or Town Engineer, as appropriate, shall refer the application to those Town staff members and review agencies deemed appropriate for review and comment on the application (which may include the Development Review Committee).

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B. Staff Review and Opportunity for Application Revision

1. Before preparing a staff report or making a decision on a development application, the Planning Director or Town Engineer, as appropriate, shall review the application, relevant support material, and any comments from the Development Review Committee and other staff and review agencies to which the application was referred.

2. If deficiencies in complying with this Ordinance are identified, the Planning Director or Town Engineer, as appropriate, shall notify the applicant of such deficiencies and provide the applicant a reasonable opportunity to discuss the deficiencies and revise the application to address them. The Planning Director or Town Engineer may also offer the applicant comments and suggestions regarding possible improvements to the proposed development that are not required by this Ordinance, provided the notice distinguishes such comments and suggestions from any identified compliance deficiencies.

3. The applicant shall respond to the notice within six months after being notified of compliance deficiencies by submitting a written request that the application be processed as submitted or by submitting a revised application. If the applicant fails to respond within six months, the application shall be considered withdrawn.

4. If the applicant submits a revised application, the Planning Director or Town Engineer, as appropriate, shall refer the application to the appropriate Town staff members and review agencies for review and comment and shall review any such comments received. At the discretion of the Planning Director or Town Engineer, as appropriate, the applicant may be provided the opportunity to revise the application further to address identified remaining compliance deficiencies.

(Ord. No. 2016-001, 05/10/2016)

C. Applications Subject to Staff Recommendation

1. Staff Report

If a development application is subject to staff review and a staff recommendation to the Board of Adjustment, Planning and Zoning Board, or Town Council (see Table Section 2.3, Summary of Development Review Procedures), the Planning Director shall prepare a written staff report. The staff report shall conclude whether the application complies with all applicable standards of this Ordinance and recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures. The staff report may identify and recommend conditions of approval addressing how compliance deficiencies might be corrected and adverse effects of the development proposal might be mitigated.

2. Distribution and Availability of Application and Staff Report

Within a reasonable time period before the meeting at which a development application is scheduled for review by the Board of Adjustment, Planning and Zoning Board, or Town Council, the Planning Director shall:

a. Schedule and verify any required public notice of the meeting in accordance with 2.4.5, Scheduling and Public Notice of Meetings;

b. Transmit the application, related materials, and the staff report to the Board of Adjustment, Planning and Zoning Board, or Town Council, as appropriate;

c. Transmit a copy of the staff report to the applicant; and

d. Make the application, related materials, and the staff report available for examination by the public during normal business hours, and make copies of such materials available at a reasonable cost.

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D. Applications Subject to Staff Decision

1. Decision

If a development application is subject to staff review and a final decision by the Planning Director or Town Engineer (see Table 2.3, Summary Table of Development Review Procedures), the Planning Director or Town Engineer, as appropriate, shall make one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures. The decision shall be in writing and shall clearly state reasons for a denial or for conditions of approval.

2. Conditions of Approval

Any conditions of approval shall be expressly set forth in the approval, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, and shall relate in both type and scope to the anticipated impacts of the proposed development.

2.4.5. Scheduling and Public Notice of Meetings

A. Scheduling

1. If a development application is subject to further review by the Board of Adjustment, Planning and Zoning Board, or Town Council (see Table 2.3, Summary Table of Development Review Procedures), the Planning Director shall ensure that the application is scheduled for either a regularly scheduled meeting of the board or a meeting specially called for that purpose by the board.

2. If public notice of the Board of Adjustment, Planning and Zoning Board, or Town Council meeting is required (see subsection B below), the application shall be scheduled for a meeting that allows sufficient time for preparation of a staff report and provision of the required public notice.

B. Public Notice

1. Notice Requirements

a. General

Public notice of meetings by the Board of Adjustment, Planning and Zoning Board, or Town Council on a development application shall be provided in accordance with Table 2.4.5.B.1: Public Notice Requirements, which shows the meetings for which public notice is required (by application type and board), the type(s) of notice required, the timing requirements for notices, and other requirements.

Table 2.4.5.B.1: Public Notice Requirements

Application Type Review Body

Meeting Posted Notice Mailed Notice Published Notice

Text Amendment Planning and Zoning Board (public comment session)

n/a n/a n/a

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Table 2.4.5.B.1: Public Notice Requirements

Application Type Review Body

Meeting Posted Notice Mailed Notice Published Notice

Town Council (public hearing)

The Planning Director shall prepare notice of the meeting and ensure that it is published in a newspaper having general circulation in the town for 2 successive calendar weeks before the meeting, with the first notice published at least 10 days, and not more than 25 days, before the meeting.

General Rezoning; Conditional Rezoning; Planned Development Rezoning; Site-Specific Development Plan; Development Agreement

Planning and Zoning Board (public comment session)

The Planning Director shall prepare notice of the meeting and ensure it is prominently posted on the application site or on an adjacent street right-of-way at least 10 days before the meeting.

The Planning Director shall prepare notice of the meeting and ensure it is mailed via first-class mail to the applicant and the owners of the application site and all properties located within 500 feet of the application site at least 10 days, and not more than 25 days, before the meeting date. (Also see subsection b(4) below.)

n/a

Town Council (public hearing)

The Planning Director shall prepare notice of the meeting and ensure that it is published in a newspaper having general circulation in the town for 2 successive calendar weeks before the meeting, with the first notice published at least 10 days, and not more than 25 days, before the meeting.

Conceptual Master Plan Approval

Planning and Zoning Board (public comment session) n/a n/a Town Council (public hearing)

Special Use Permit

Planning and Zoning Board (public comment session)

The Planning Director shall prepare notice of the meeting and ensure it is mailed via first-class mail to the applicant and the owners of the application site and all properties located within 500 feet of the application site at least 10 days, but not more than 25 days, before the meeting date.

The Planning Director shall prepare notice of the meeting and ensure that it is published in a newspaper having general circulation in the town at least 10 days before the meeting.

Town Council (public hearing)

Variance Board of Adjustment Planning and Zoning Board (public hearing)

Alternative Equivalent Compliance

Planning and Zoning Board (public comment session) n/a Town Council (public hearing)

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Table 2.4.5.B.1: Public Notice Requirements

Application Type Review Body

Meeting Posted Notice Mailed Notice Published Notice

Administrative Appeal

Planning and ZoninbZoning Board Board of Adjustment (public hearing)

If the appeal pertains to a particular site, the Planning Director shall prepare notice of the meeting and ensure it is prominently posted on the application site or on an adjacent street right-of-way at least 10 days before the meeting date.

The Planning Director shall prepare notice of the meeting and mail it via first-class mail to the applicant, the owners of the application site and all properties abutting the site (if the appeal pertains to a particular site), and the applicant for the decision being appealed, at least 10 days, but not more than 25 days, before the meeting date.

n/a

Right-of-Way Encroachment Agreement

Planning and Zoning Board (public comment session)

The Planning Director shall prepare notice of the meeting and ensure it is prominently posted on the application site or on an adjacent street right-of-way at least 10 days before the meeting.

The Planning Director shall prepare notice of the meeting and ensure it is mailed via first-class mail to the applicant and the owners of the application site and all properties located within 500 feet of the application site at least 10 days, but not more than 25 days, before the meeting date.

n/a

Town Council (public hearing)

(Ord. No. 2014-016, 06/24/2014; Ord. No. 2016-001, 05/10/2016)

b. Application of Notice Requirements

(1) In computing the required time periods for providing notices, the day the notice is published or postmarked shall not be included, but the day of the meeting shall be included.

(2) Required posted notices need not be posted on each parcel where an application site includes multiple contiguous parcels, provided a sufficient number of notices are posted to provide reasonable notice to interested persons passing by the site.

(3) The applicant shall provide mailing labels and stamps for required mailed notices. Unless evidence to the contrary exists, the names and mailing addresses for property owners required to be mailed notices shall be as shown on the most current Wake County or Durham County tax records, as appropriate.

(4) If a rezoning application directly affects more than 50 properties, owned by at least 50 different property owners, the Planning Director may elect to rely on the published notice instead of mailed notice for those affected property owners who reside in the area of the publishing newspaper’s general circulation—provided that each notice shall not be less than one-half of a newspaper page in size. Mailed notice shall continue to be required for all property owners who reside outside the area of the publishing newspaper’s general circulation.

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2. Notice Content

a. Posted Notices

Required posted notices shall, at a minimum:

(1) Identify the application type;

(2) Identify the date, time, and location of the meeting being noticed; and

(3) Comply with any other notice content requirements established by state law.

b. Mailed and Published Notices

Required mailed and published notices shall, at a minimum:

(1) Identify the application;

(2) Describe the nature and scope of the proposed development or action;

(3) Identify the location of land subject to the application;

(4) Identify the date, time, and location of the meeting being noticed; and

(5) Comply with any other notice content requirements established by state law.

3. Certification of Notice

The person or persons required to provide notice shall sign a certification that proper notice has been provided in fact. Such certificate shall be deemed conclusive in the absence of fraud.

C. Requests to Defer Scheduled and Noticed Review Meetings

1. An applicant may request that review of an application scheduled for review at a Board of Adjustment, or Planning and Zoning Board meeting be deferred in accordance with the following provisions.

a. The Planning Director may grant such a request for good cause shown provided the request is in writing, states the reasons for deferral, and is submitted to the Planning Director before any mailed notices are mailed and final arrangements for any published notice are made.

b. Any subsequent request for deferral shall be in writing, state the reasons for deferral, and be submitted directly to the body scheduled to review the application. The body shall consider such a request and may either grant the request for good cause shown or deny the request and proceed to hear public comments, review, and take action on the application. If the body grants the request for deferral, it shall concurrently identify the date and time of a subsequent meeting at which the application shall be scheduled for public comments and review. The application may be subject to additional application fees to defray additional costs of processing the application.

2. If an application has been scheduled for review at a Town Council meeting, such review shall not be deferred and shall take place unless the applicant withdraws the application before the meeting in accordance with Section 2.4.3.H, Application Withdrawal. (The applicant may resubmit the application as a new application for the proposed development in accordance with Section 2.4.3, Application Submittal, Acceptance, Revisions, and Withdrawal.)

2.4.6. Planning and Zoning Board Review and Recommendation

If a development application is subject to a recommendation by the Planning and Zoning Board (see Table 2.3, Summary Table of Development Review Procedures), the board shall review and act on the application in accordance with the following procedures.

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A. Public Comment Session

If the application is subject to a public comment session (see Table 2.3, Summary Table of Development Review Procedures), the Planning and Zoning Board shall hold a public comment session on the application in accordance with the following procedures.

1. On receiving proper recognition from the board’s Chair, any person may appear at the public comment session, either individually or as a representative of an organization, and submit documents, materials, and other written or oral testimony in support of or in opposition to the application.

2. Before start of the meeting, persons intending to speak at the public comment session shall register to speak, providing their name, home or business address, and if appearing on behalf of an organization, the name and mailing address of the organization. Persons actually speaking at the session shall begin by identifying themselves.

3. The person chairing the session may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

4. The board may, on its own motion or at the request of any person, continue the public comment session to a fixed date, time, and place, for good cause.

B. Review and Recommendation

1. The Planning and Zoning Board shall consider the application, relevant support materials, staff report, and any comments made at a public comment session (if required), and shall recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures.

2. The board shall clearly state the factors considered in making its recommendation and the basis or rationale for the recommended decision.

3. The board shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the town.

C. Revision of Application

1. After the Planning and Zoning Board has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The board may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff or the Planning and Zoning Board and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application.

2. Any other revisions to the application may be submitted, but the revised application shall be submitted to the Planning Director and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs.

2.4.7. Board of AdjustmentPlanning and Zoning Board or Town Council Review and Decision

If a development application is subject to a final decision by the Board of AdjustmentPlanning and Zoning Board or Town Council (see Table 2.3, Summary Table of Development Review Procedures), that body shall review and act on the application in accordance with the following procedures.

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A. Public Hearing Procedures

1. General

If the application is subject to a hearing (see Table 2.3, Summary Table of Development Review Procedures), the Board of AdjustmentPlanning and Zoning Board or Town Council, as appropriate, shall hold a hearing on the application in accordance with the following procedures.

a. On being properly recognized by the person chairing the hearing, any person may appear at the public hearing, either individually or as a representative of an organization, and submit documents, materials, and other written or oral testimony in support of or in opposition to the application.

b. Before start of the meeting, persons intending to speak at the public comment session shall register to speak, providing their name, home or business address, and if appearing on behalf of an organization, the name and mailing address of the organization. Persons actually speaking at the session shall begin by identifying themselves.

c. The person chairing the hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

d. The body conducting the hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place, for good cause.

e. The proceedings of the hearing shall be recorded by any appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording or make copies, at that person’s expense, in the Planning Department (for hearings conducted by the Board of AdjustmentPlanning and Zoning Board) or in the offices of the Town Clerk (for hearings conducted by the Town Council).

2. Quasi-Judicial Hearings

If the application being heard requires a quasi-judicial hearing (see Table 2.3, Summary Table of Development Review Procedures), the hearing shall be subject to the following additional procedures:

a. The applicant bears the burden of demonstrating that the application complies with applicable standards of this Ordinance, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the Town or other parties to show that the standards have not been met by the applicant.

b. The body conducting the hearing is not bound by the rules of evidence, or limited to consideration of evidence that is admissible in a court of law. It may consider all testimony and evidence it deems competent and material to the application under consideration, and may exclude testimony or evidence it determines to be irrelevant, immaterial, incompetent, unreliable, or unduly repetitious.

c. All persons who will testify at the hearing shall be sworn in or affirmed.

d. On being properly recognized by the person chairing the hearing, the applicant, Town staff, or other affected party may be granted an opportunity to ask questions of any other person who has testified at the hearing or to rebut any testimony, comments, documents, or materials presented by such person. Any such inquiry or rebuttal shall be limited to matters raised directly by the testimony being questioned or rebutted.

B. Review and Decision

The Board of AdjustmentPlanning and Zoning Board or Town Council shall consider the application, relevant support materials, staff report, the recommendation from the Planning and Zoning Board (if applicable), and any comments made at a public hearing (if required), and shall make one of the

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decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Section 2.5, Application-Specific Review Procedures.

1. The Board of AdjustmentPlanning and Zoning Board or Town Council shall clearly state the factors considered in its decision and the basis or rationale for the decision.

2. If the review involves a quasi-judicial hearing, the decision shall be reduced to writing, be signed by a duly authorized member of the Board of AdjustmentPlanning and Zoning Board or Town Council, as appropriate, include findings of fact based on competent, material, and substantial evidence presented at the hearing, reflect the determination of contested facts, and state how the findings support compliance with applicable review standards. The decision is effective upon its filing with the Planning Director (for Board of AdjustmentPlanning and Zoning Board decisions) or the Town Clerk (for Town Council decisions).

3. The Board of AdjustmentPlanning and Zoning Board or Town Council shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the town.

C. Conditions of Approval

Any conditions of approval shall be:

1. Expressly set forth in the approval;

2. Limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, Manuals referenced herein, or related approvals (e.g., conditional zoning, special use permit, etc.); or

3. Related in both type and scope to the anticipated impacts of the proposed development.

D. Revision of Application

1. After the Board of AdjustmentPlanning and Zoning Board or Town Council, as appropriate, has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The Board of AdjustmentPlanning and Zoning Board or Town Council, as appropriate, may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff, or the Planning and Zoning BoardBoard of Adjustment or, or Town Council, as appropriate, and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application.

2. Any other revisions to the application may be submitted, but the revised application shall be submitted to the Planning Director and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs.

(Ord. No. 2016-001, 05/10/2016

2.4.8. Post-Decision Actions and Limitations

A. Notice of Decision

1. Within ten calendar days after a final decision on a development application, the Planning Director shall provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public in the Planning Department during normal business hours.

2. If the review involves a quasi-judicial hearing, the Planning Director shall, within ten days after a final decision on the application, also provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of application site, the applicant (if different than the owner), and to any person who has submitted a written request for a copy of the decision

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before its effective date. The Planning Director shall also certify that the copy of the decision has been provided.

(Ord. No. 2016-001, 05/10/2016)

B. Appeal

1. A party aggrieved or adversely affected by any final decision on an application by the Town Council or Board of AdjustmentPlanning and Zoning Board may seek review of the decision in the courts in accordance with applicable state law, provided that the appeal shall be filed with the clerk of the Superior Court of Wake County or Durham County, as appropriate, within 30 days after the decision is effective or the date a written notice of decision or copy of the decision has been provided in accordance with subsection A above. If the notice of decision or copy of the decision was provided via first class mail, three days shall be added to filing deadline.

2. A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Section 2.5.22, Administrative Appeal.

C. Effect of Approval

1. Authorized Activity

a. Approval of any development application in accordance with this Ordinance authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application.

b. If one development permit or approval is a prerequisite to another permit or approval (e.g., variance approval prior to a site plan approval), development may not take place until all required permits and approvals are obtained. Approval of one application does not necessarily guarantee approval of any subsequent application.

2. Expiration of Approval

a. A development application approval shall be valid as authorization for the approved activity until the end of the expiration time period provided in Section 2.5, Application-Specific Review Procedures, for the particular type of application.

b. A change in ownership of the land shall not affect the established expiration time period of an approval.

D. Modification or Amendment of Approval

Unless otherwise provided in Section 2.5, Application-Specific Review Procedures, for the particular type of application, any modifications of approved plans or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of application.

E. Limitation on Subsequent Similar Applications

1. If an application requiring a public hearing is denied or withdrawn after provision of or final arrangement for required notice of the public hearing meeting, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of the denial or withdrawal unless the decision-making body waives this time limit in accordance with subsection 2 below.

2. The owner of land subject to the time limit provided in subsection 1 above, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the Planning Director, who shall transmit the request to the decision-making body. The decision-making body may grant a waiver of the time limit only if two-thirds of its membership finds that the owner or agent has demonstrated that:

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a. There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

b. New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

c. The new application proposed to be submitted is materially different from the prior application; or

d. The final decision on the prior application was based on a material mistake of fact.

SECTION 2.5. APPLICATION-SPECIFIC REVIEW PROCEDURES

2.5.1. General

This section sets forth supplemental procedures, standards, and related information for each development application reviewed under this Ordinance, as listed in Table 2.3, Summary Table of Development Review Procedures. They state the purpose of the subsection and set forth the applicable review procedure by reference to the standard procedures in Section 2.1, Purpose and Organization of this Article, including any variations of, or additions to, the standard procedures. This is followed by the review standards for the application, and any variations of, or additions to, provisions in the standard procedures that address the expiration and amendment of approvals.

2.5.2. Text Amendment

A. Applicability

The procedures and standards in this subsection apply to the review of any proposal to revise the text of this Ordinance.

B. Text Amendment Procedure

Figure 2.5.2.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Text Amendment applications and note any specific variations of, or additions to, those review steps.

1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3 except that an application may be initiated only by the Planning Director, Planning and Zoning Board, or Town Council.

2. Staff Review and Recommendation

The Planning Director shall review the application and prepare a staff report and recommendation in accordance with Section 2.4.4.

Text Amendment

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 2.5.2.B

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2.5.3. Rezoning

A. Applicability

1. The procedure and standards in this subsection apply to the review of any proposal to revise the Zoning Map to change the zoning district classification applicable to a particular parcel, portion of a parcel, or group of parcels.

2. An application for Conceptual Master Plan Approval may be submitted and reviewed concurrently with an application for Conditional Rezoning (see Section 2.5.4). In such a case, the Town Council shall decide the Conceptual Master Plan Approval application concurrently with its decision on the Conditional Rezoning application, and the approved Conceptual Master Plan Approval application—including any conditions of such approval agreed to by the applicant and subject to the post-decision actions and limitations in Section 2.5.4.C.7, shall constitute a condition of the Conditional Rezoning application and approval.

B. General, Conditional, and Planned Development Rezonings Distinguished

There are three types of rezoning authorized by this Ordinance: General Rezonings; Conditional Rezonings; and Planned Development Rezonings.

1. A General Rezoning reclassifies land to a base zoning district and subjects future development in the district to all the development regulations applicable to that district, including allowance of the full range of uses and development intensity permitted in the district.

2. A Conditional Rezoning reclassifies land to a conditional zoning district that is parallel to a base zoning district and subjects future development in the district to the same development regulations applicable to the parallel base district except as modified by conditions that:

a. Are proposed or agreed to by the owner(s) of the subject land;

b. Incorporate any proposed modifications to use, intensity, or development standards applicable in the parallel base district; and

c. Are limited to conditions that address conformance of the allowable development and use of the rezoning site with Town regulations and adopted plans, and impacts reasonably expected to be generated by the allowable development or use of the site.

3. A Planned Development Rezoning reclassifies land to a Planned Development (PD) zoning district for which applicable development regulations are defined by a Planned Development plan and agreement (PD Plan/Agreement). Subsequent development with a PD district occurs through Subdivision Approval and Site Plan Approval procedures and standards, which ensure compliance with the PD Plan/Agreement.

C. Rezoning Procedure

Figures 2.5.3.C-1, 2.5.3.C-2, and 2.5.3.C-3 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of General Rezoning, Conditional Rezoning, and Planned Development Rezoning applications and note any specific variations of, or additions to, those review steps.

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(1) Minor Site Plan Approval procedure rather than the Major Site Plan Approval procedure; or

(2) Type 2 Subdivision Preliminary Plat Approval and Final Plat procedures rather the Type 1 Subdivision Preliminary Approval and Final Plat procedures, provided all owners execute the Statement of Voluntary Compliance in Section 5.9.7.C.2 of this Ordinance, if single-family attached, detached, or duplex development is proposed.

(Ord. No. 2016-001, 05/10/2016)

C. Conceptual Master Plan Approval Procedure

Figure 2.5.4.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Conceptual Master Plan Approval application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. 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 2.4.4.

4. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for Planning and Zoning Board and Town Council meetings in accordance with Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application, hold a public information session, and make a recommendation in accordance with Section 2.4.6.

6. Town Council Review and Decision

The Town Council shall review the application, hold a standard public hearing, and decide the application in accordance with Section 2.4.7. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Deny the application;

d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

7. Post-Decision Actions and Limitations

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

Conceptual Master Plan Approval authorizes the subsequent submittal of applications for subsequent development approvals required to undertake and complete the development proposed by the approved Conceptual Master Plan. Such applications shall be subject to staff

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approval only, including those for a Type 2 Subdivision Preliminary Plat Approval, Minor Site Plan Approval, and Construction Plan Approval. Conceptual Master Plan Approval does not itself authorize specific development activity.

b. Expiration of Approval

Conceptual Master Plan Approval shall expire if no application for a development approval required to undertake the development proposed by the approved Conceptual Master Plan, or an approved phase thereof, is approved and vested within five years after the date of Conceptual Master Plan Approval.

c. Minor Changes from Conceptual Master Plan Approval Allowed

(1) Subsequent development applications may incorporate minor changes from the development defined by the Conceptual Master Plan Approval, without the need to amend the Conceptual Master Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(A) Continue to comply with this Ordinance;

(B) Are necessary to comply with conditions of approval; or

(C) Are consistent with the Conceptual Master Plan Approval. Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Conceptual Master Plan Approval.

(2) In any case, the following changes from the Conceptual Master Plan Approval shall constitute a major change requiring amendment of the Conceptual Master Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval:

(A) A change in a condition of approval;

(B) An increase greater than 20 percent in residential density;

(C) An increase greater than 20 percent in total nonresidential floor area;

(D) An increase greater than ten percent in the amount of land devoted to nonresidential uses; and

(E) A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(Ord. No. 2016-001, 05/10/2016)

D. Conceptual Master Plan Approval Review Standards

A Conceptual Master Plan Approval application shall be approved only if the Town Council determines that the proposed development complies with the applicable standards in this Ordinance to the extent determinable for a conceptual plan—specifically that:

1. Proposed uses and development intensities are consistent with applicable district and use standards and do not preclude compliance with this Ordinance’s specific use, intensity, and dimensional standards;

2. Proposed layouts of vehicular circulation routes are consistent with the purposes and intent of the general access and circulation standards of this Ordinance, and do not preclude compliance with the Ordinance’s more detailed access and circulation standards;

3. The proposed size, layout, and timing of water, sewer, and other major infrastructure systems are consistent with the general infrastructure standards of this Ordinance, and do not preclude compliance with the Ordinance’s more detailed infrastructure standards;

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4. The proposed size and arrangement of developed areas in relationship to drainage systems on and adjacent to the site are consistent with the purposes and intent of the general stormwater management and water quality standards of this Ordinance, and do not preclude compliance with this Ordinance’s more detailed stormwater and water quality standards;

5. The proposed size and arrangement of major open space areas and developed areas are consistent with the general open space and natural resource protection standards in this Ordinance, and do not preclude compliance with this Ordinance’s specific open space and natural resource standards;

6. The proposed arrangement of other development elements are consistent with the purposes and intent of the general development standards of this Ordinance, and do not preclude compliance with the Ordinance’s more detailed development and design standards; and

7. The proposed types and arrangements of uses, development intensities, and major development elements would allow the development to be compatible with existing and proposed surrounding uses and developments.

(Ord. No. 2014-051, 11/10/2014)

2.5.5. Special Use Permit

A. Purpose

A use designated as a Special Use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this section is to establish a mechanism to review Special Uses to ensure they are appropriate as and where proposed.

B. Applicability

1. The procedure and standards in this subsection apply to the review of any proposed development involving a Special Use as designated in the Use Tables in Section 4.2.4, or proposed development for which a Special Use Permit is required by any other provision of this Ordinance.

2. An application for a Special Use Permit may be submitted and reviewed concurrently with an application for Minor Site Plan Approval (and any other application submitted and reviewed concurrently with the Minor Site Plan Approval application, except in cases where an applicant is requesting designation of a Site-Specific Development Plan).

(Ord. No. 2016-001, 05/10/2016)

C. Special Use Permit Procedure

Figure 2.5.5.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Special Use Permit application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

Special Use Permit

Town Council Review and Decision

with quasi-judicial 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 2.5.5.C

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2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. 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 2.4.4.

4. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for Planning and Zoning Board and Town Council meetings, in accordance with Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application, hold a public comment session, and make a recommendation in accordance with Section 2.4.6.

6.5. Town Council Review and Decision

The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions.

a. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application;

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

7.6. Post-Decision Actions and Limitations

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Issuance and Recordation of Special Use Permit

(1) If the Special Use Permit application is approved, the Planning Director shall issue the applicant a Special Use Permit that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval.

(2) On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), the applicant shall record the Special Use Permit with the Register of Deeds for the county in which the development site is located and return a copy of the recorded Special Use Permit to the Planning Director.

b. Effect of Approval

Approval and recordation of a Special Use Permit application allows approval of a concurrently-reviewed Site Plan Approval application for the same development, and authorizes submittal of other development applications that may be required before construction or use of the development authorized by the approved Special Use Permit.

c. Expiration of Approval

(1) Approval of a Special Use Permit application shall expire if the Special Use Permit is not recorded in the appropriate county Register of Deeds in accordance with subsection a

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2. The proposed development will comply with all regulations and standards generally applicable within the zoning district and specifically applicable to the particular type of Special Use;

3. The proposed development will not substantially injure the value of adjoining property, or is a public necessity;

4. The proposed development will be in harmony with the intensity, scale, and character of development existing or planned in the surrounding area;

5. The proposed development will not cause undue traffic congestion or create a traffic hazard;

6. The proposed development will not generate needs for transportation, water supply, sewage disposal, fire and police protection, and similar public services that cannot be adequately handled by available infrastructure and facilities;

7. The proposed development will be consistent with the Comprehensive Plan.

(Ord. No. 2015-002, 04/29/2015)

2.5.6. Subdivision Approvals

A. Applicability

1. General

The procedure and standards in this subsection apply to the review of any proposed subdivision, as defined in Section 11.5, Terms and Uses Defined, including the development of open space, streets, other public infrastructure improvements, and private utility improvements proposed or required to serve the future development of subdivided lots and parcels.

2. Subdivisions Distinguished

a. Type 1 Preliminary Plat

All preliminary plats proposing single-family detached, attached, or duplex dwellings submitted under this Ordinance shall be reviewed and decided in accordance with the procedures and standards in Section 2.5.6.B.1, Type 1 Preliminary Plat Approval Procedure and Section 2.5.6.C, Final Plat Approval.

b. Type 2 Preliminary Plat

(1) With the exception of subdivisions associated with a Planned Development District or a Conceptual Master Plan Approval, if all property owners provide an executed Statement of Voluntary Compliance in accordance with Section 5.9.7.B.2 of this Ordinance and Section 2.5.6.C, Final Plat Approval, plats proposing single-family detached, attached, or duplex dwellings may be reviewed and decided in accordance with Section 2.5.6.B.2, Type 2 Subdivision Preliminary Plat Approval Procedure.

(2) All preliminary plats associated with a Minor Site Plan or Major Site Plan for non-residential development shalluses other than those identified in subsection 2.5.6.A.2.b.(1) <> shall be reviewed and decided in accordance with the procedures and standards in Section 2.5.6.B.2, Type 2 Subdivision Preliminary Plat Approval Procedure, and Section 2.5.6.C, Final Plat Approval.

c. Subdivision Exclusions

A Subdivision Exclusion is any division of land that is proposed as one of the activities specifically listed as excluded from the definition of “subdivision” in Section 11.5, Terms and Uses Defined, and thus from the subdivision procedures and standards in this Ordinance. Determination of Subdivision Exclusion in accordance with Section 2.5.6.D is required before

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recordation of any division of land claimed to be excluded from regulation as a subdivision under this Ordinance.  

3. Concurrent Applications

Applications for Type 1 Subdivision Preliminary Plat Approval or Type 2 Subdivision Preliminary Plat Approval may be submitted and reviewed concurrently with an application for Construction Plan Approval, Administrative Adjustment, or Alternative Equivalent Compliance. An application for Determination of Subdivision Exclusion may be submitted and reviewed concurrently with any development application.

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

B. Preliminary Plat Approvals

1. Type 1 Preliminary Plat Approval Procedure

Figure 2.5.6.B.1 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Type 1 Subdivision Preliminary Plat Approval application and note any specific variations of, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

c. 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 2.4.4.

d. Scheduling and Public Notice of Meetings

The application shall be scheduled for Planning and Zoning Board and Town Council meetings in accordance with Section 2.4.5.

e. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6.

f. Town Council Review and Decision

The Town Council shall review the application and decide the application in accordance with Section 2.4.7. The Town Council’s decision on an application for Type 1 Subdivision Preliminary Plat Approval shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application; or

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require additional review fees.)

Type 1 Subdivision Preliminary Plat

Approval

Town Council Review and Decision

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

Figure 2.5.6.B.1

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2. Type 2 Subdivision Preliminary Plat Approval Procedure

Figure 2.5.6.B.2 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Type 2 Subdivision Preliminary Plat Approval application and note any specific variations of, or additions to, those review steps.

a. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

b. Staff Review and Decision

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions; or

(3) Deny the application.

c. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Effect of Approval

Type 2 Subdivision Preliminary Plat Approval does not authorize specific development activity, but does authorize the submittal of applications for Construction Plan Approval (Section 2.5.7) and other development permits and approvals required to construct or install the public infrastructure and private utility improvements proposed to serve the subdivision or an approved phase of the subdivision (see Section 8.1.2 Phasing of Development).

(2) Expiration of Approval

(A) Type 2 Subdivision Preliminary Plat Approval shall expire if no significant work is done or development is made for the subdivision, or an approved phase of the subdivision, within two years after the date of Preliminary Plat Approval.

(B) If significant work is completed or development is made for a phase of the subdivision, Type 2 Subdivision Preliminary Plat Approval shall expire if no significant work is done or development is made for any remaining phases of the subdivision within two years after recordation of the last Final Plat for a phase of the subdivision in which significant work was completed or development was made.

(C) Failure to comply with the executed Statement of Voluntary Compliance is a violation of this Ordinance and shall void the Type 2 Preliminary Plat Approval.

Type 2 Subdivision Preliminary Plat

Approval

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

with DRC review

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.6.B.2

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C. Final Plat Approval

1. Final Plat Approval Procedure

Figure 2.5.6.C.1 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Final Plat Approval application and note any specific variations of, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that no application shall be submitted unless:

(1) Type 1 Subdivision Preliminary Plat Approval or Type 2 Preliminary Plat Approval for the subdivision has been obtained and is unexpired and otherwise valid;

(2) Construction Plan Approval for all public infrastructure and private utility improvements required has been obtained and is unexpired and otherwise valid; and

(3) Construction or installation of the approved improvements has been ensured by one or a combination of the following:

(A) Completion of the construction or installation of approved improvements and acceptance of the improvements by the appropriate agency;

(B) Payment to the Town of funds in lieu of required street construction in accordance with Section 8.1.3, Alternatives in Lieu of Construction of Public Street; and/or

(C) Provision of performance and maintenance guarantees ensuring the construction and acceptance of approved improvements in accordance with Section 8.1.5 <> Performance Guarantees and Section 8.2.2, Maintenance Guarantees.

c. Staff Review and Recommendation

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions; or

(3) Deny the application.

d. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

Final Plat Approval

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.6.C.1

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D. Determination of Subdivision Exclusion

1. Determination of Subdivision Exclusion Procedure

Figure 2.5.6.H.1 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Determination of Subdivision Exclusion application and note any specific variations of, or additions to, those review steps.

a. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund.

b. Staff Review and Decision

(1) The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

(A) Determination that the proposed division of land is not a subdivision subject to regulation under this Ordinance; or

(B) Determination that the proposed division of land is a subdivision subject to regulation under this Ordinance.

(2) On determining that the proposed division of land is a subdivision subject to regulation under this Ordinance, the Planning Director shall direct the applicant to the Type 1 Subdivision Preliminary Plat Approval procedure or the Type 2 Subdivision Preliminary Plat Approval procedure, as appropriate.

c. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Certification and Recordation of Approved Subdivision Exclusion Plat

If the Planning Director determines that the proposed division of land is not a subdivision subject to regulation under this Ordinance and the applicant wishes to record a plat of the division, the applicant shall submit the plat to the Planning Director, who shall certify on the plat the Town’s determination that the plat is not subject to subdivision regulation under this Ordinance. The applicant may then record the certified Subdivision Exclusion plat with the Register of Deeds for the county in which the development site is located and shall return a copy of the recorded plat to the Planning Director.

(2) Effect of Approval

Recordation of a certified Subdivision Exclusion Plat authorizes the applicant to convey the platted lots by reference to the recorded plat. It also authorizes the owners of recorded lots to submit applications for a Building Permit or other development permit or approval required to develop the lot, provided all dedications and public infrastructure and private utility improvements required to serve the lot have been completed and accepted by the appropriate agency.

Determination of Subdivision Exclusion

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

Application Submittal and Acceptance

Pre-Application Conference)

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.6.E.1

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(3) Expiration of Approval

If the applicant fails to record the plat within 30 days after the date of approval, the Determination of Subdivision Exclusion shall become invalid. A recorded Subdivision Exclusion plat shall not expire.

2. Subdivision Exclusion Review Standards

An application for a Determination of Subdivision Exclusion shall be approved only if the Planning Director determines that the proposed division of land falls within the one of the activities specially listed as excluded from the definition of “subdivision” in Section 11.5, Terms and Uses Defined.

(Ord. No. 2016-001, 05/10/2016)

2.5.7. Site Plan Approval

A. Applicability

1. The procedure and standards in this subsection apply to the review of applications for Major Site Plan Approval and Minor Site Plan Approval. Site Plan Approval shall be required for all development, unless exempted in accordance with subsection 3 below, before submittal of an application for Construction Plan Approval, unless the applicant elects to submit applications for both Site Plan Approval and Construction Plan Approval for concurrent review in accordance with subsection 2 below.

2. For developments requiring both Site Plan Approval and Construction Plan Approval, the applicant may submit an application for Construction Plan Approval concurrently with an application for Site Plan Approval. In such a case, Town staff shall review the more detailed Construction Plan Approval application concurrently with the Site Plan Approval application, but the Town Engineer shall not decide the Construction Plan Approval application until after the Site Plan Approval application is decided by either the Planning Director or the Town Council, as appropriate.

3. The following development is exempt from the requirements of this section:

a. Internal construction that does not increase gross floor area or structure height, increase the density or intensity of use, or affect parking or landscaping requirements;

b. Accessory apartments;

c. Nonhabitable detached accessory structures associated with and located on the same lot as single-family detached, attached, duplex, or manufactured home dwellings;

d. New manufactured home dwellings; and

e. Additions to single-family detached, attached, and duplex dwellings.

4. Unless exempted in accordance with subsection 3 above, Major Site Plan Approval shall be required for development of any principal use designated in Table 4.2.4, Principal Use Table, as permitted with Major Site Plan Approval by Town Council (unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5).

5.4. Minor Site Plan Approval shall be required for any of the following developments unless exempted in accordance with subsection 3 above:

a. Development in accordance with a valid PD Plan/Agreement;

b. Development in accordance with a valid Conceptual Master Plan Approval;

c. Development in accordance with a valid Special Use Permit approval;

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d. Development of any principal use designated in Table 4.2.4, Principal Use Table, as permitted with Minor Site Plan Approval by Town staff;

e. Accessory uses and structures;

f. Temporary uses and structures; and

g. Single-family detached, attached, or duplex dwellings where the landowner has executed a Statement of Voluntary Compliance in accordance with Section 5.9.7.B.2.

6.5. An application for Major Site Plan Approval or Minor Site Plan Approval, as appropriate, Site Plan Approval may be submitted and reviewed concurrently with an application for Construction Plan Approval in accordance with subsection 2 above, or with applications for a Special Use Permit, Floodplain Management Permit, Stormwater Permit, Administrative Adjustment, Alternative Equivalent Compliance, or Site-Specific Development Plan Designation.

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

B. Major Site Plan Approval Procedure

Figure 2.5.7.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Major Site Approval application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. 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 2.4.4.

4. 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 Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6.

6. Town Council Review and Decision

The Town Council shall review and decide the application in accordance with Section 2.4.7. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Deny the application; or

Major Site Plan Approval

Town Council Review and Decision

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

Figure 2.5.7.B

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d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require additional review fees.)

7. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

Major Site Plan Approval allows the approval of any concurrently-reviewed applications for Construction Plan Approval, Floodplain Management Permit, Stormwater Management Permit, Administrative Adjustment, Alternative Equivalent Compliance, or Site-specific Development Plan Designation for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Major Site Plan Approval.

b. Expiration of Approval

A Major Site Plan Approval shall expire if no significant work is done or development is made within two years after the date of Major Site Plan Approval.

c. Minor Changes Allowed

(1) Subsequent development applications may incorporate minor changes from the development defined by the Major Site Plan Approval without the need to amend the Major Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(A) Continue to comply with this Ordinance;

(B) Are necessary to comply with conditions of approval; or

(C) Are consistent with the Major Site Plan Approval. Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Major Site Plan Approval.

(2) In any case, the following changes from the Major Site Plan Approval shall constitute a major change requiring amendment of the Minor Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval:

(A) A change in a condition of approval;

(B) An increase greater than 20 percent in residential density;

(C) An increase greater than 20 percent in total nonresidential floor area;

(D) An increase greater than 20 percent in the height of a structure;

(E) An increase greater than ten percent in the amount of land devoted to nonresidential uses;

(F) A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

(G) A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(3) Applications for multifamily development determined to be complete in accordance with Section 2.4.3.F, Determination of Application Completeness, on or before July 28, 2015 may only seek approval of a minor change from the standards in Section 5.9.4, Exterior Facade Materials and Colors for All Development, Section 5.9.8, Building and Design

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Standards for Multifamily Development, Section 5.9.9, Building and Design Standards for the Transit-Oriented Development (TOD) District, or Section 5.9.10, Building and Design Standards for Town Center Development, after complying with the standards in Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area.

(Ord. No. 2016-001, 05/10/2016)

C.B. Minor Site Plan Approval Procedure

Figure 2.5.7.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Minor Site Approval application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. Staff Review and Decision

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions; or

c. Deny the application.

4. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

Minor Site Plan Approval allows the approval of any concurrently-reviewed applications for Construction Plan Approval, Floodplain Management Permit, Stormwater Management Permit, Administrative Adjustment, Alternative Equivalent Compliance, or Site-specific Development Plan Designation for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Minor Site Plan Approval.

b. Expiration of Approval

A Minor Site Plan Approval shall expire if no significant work is done or development is made within two years after the date of Minor Site Plan Approval.

c. Minor Changes Allowed

(1) Subsequent development applications may incorporate minor changes from the development defined by the Minor Site Plan Approval without the need to amend the Minor Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(A) Continue to comply with this Ordinance;

Minor Site Plan Approval

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

with DRC review

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.7.C

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(B) Are necessary to comply with conditions of approval; or

(C) Are consistent with the Minor Site Plan approval or any prior Town Council approval on which it was based (e.g., PD Plan/Agreement approval, Conceptual Master Plan Approval, Major Site Plan Approval). Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Minor Site Plan Approval or any prior Town Council approval on which it was based.

(2) In any case, the following changes from the Minor Site Plan Approval or any prior Town Council approval on which it was based shall constitute a major change requiring amendment of the Minor Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval:

(A) A change in a condition of approval;

(B) An increase greater than 20 percent in residential density;

(C) An increase greater than 20 percent in total nonresidential floor area;

(D) An increase greater than 20 percent in the height of a structure;

(E) An increase greater than ten percent in the amount of land devoted to nonresidential uses;

(F) A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

(G) A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(3) Applications for multifamily development determined to be complete in accordance with Section 2.4.3.F, Determination of Application Completeness, on or before July 28, 2015 may only seek approval of a minor change from the standards in Section 5.9.4, Exterior Facade Materials and Colors for All Development, Section 5.9.8, Building and Design Standards for Multifamily Development, Section 5.9.9, Building and Design Standards for the Transit-Oriented Development (TOD) District, or Section 5.9.10, Building and Design Standards for Town Center Development, after complying with the standards in Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area.

(Ord. No. 2016-001, 05/10/2016)

D.C. Site Plan Approval Standards

An application for Major Site Plan Approval or Minor Site Plan Approval shall be approved only if the Town Council or Planning Director , as appropriate, determines that the Site Plan:

1. Identifies tree protection areas as required in Section 5.4.5, Tree Protection Plan and Tree Protection Areas;

2. Complies with applicable district standards in Article Zoning Districts, and applicable use standards in Article 4: Use Standards;

3. Complies with the provisions of the Statement of Voluntary Compliance in Section 5.9.7.B.2 of this Ordinance, if applicable;

4. Complies with applicable standards in Article 5: Development Standards, Article 6: Riparian Buffers, Article 7: Stormwater Management, and Article 8: Performance and Maintenance;

5. Complies with all other applicable standards in this Ordinance;

6. Complies with all other applicable Town ordinances and state and federal laws; and

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7. Complies with all requirements and conditions of approval of any prior development permits or approvals.

(Ord. No. 2016-001, 05/10/2016)

2.5.8. Construction Plan Approval

A. Applicability

1. The procedure and standards in this subsection apply to the review of applications for Construction Plan Approval, which shall be required before issuance of a Building Permit or Certificate of Compliance/Occupancy for any development involving grading, construction of infrastructure and utility improvements, or other land disturbance. Construction Plan Approval shall also be required before submittal of an application for Final Plat Approval that includes infrastructure or utility improvements unless construction and acceptance of the improvements is ensured by performance and maintenance guarantees.

An application for Construction Plan Approval shall be submitted and reviewed concurrently with an application for Stormwater Management Development Approval. It may be submitted and reviewed concurrently with an application for Major Site Plan Approval, Minor Site Plan Approval, Type 1 Subdivision Preliminary Plat Approval, Type 2 Subdivision Preliminary Plat Approval, Floodplain Development Permit, Administrative Adjustment, or Alternative Equivalent Compliance.

(Ord. No. 2016-001, 05/10/2016)

B. Construction Plan Approval Procedure

Figure 2.5.8.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Construction Plan Approval application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. Staff Review and Decision

The Town Engineer shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Issue a Letter of Conditional Construction Plan Approval; or

d. Deny the application.

Construction Plan Approval

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Town Engineer Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.8.B

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4. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

Construction Plan Approval allows the approval of any concurrently-reviewed applications for Floodplain Management Permit or Administrative Adjustment for the same development. It also authorizes submittal of an application for Building Permit for construction of approved buildings and structures, construction of approved site improvements, and other approved land disturbing activities.

b. Expiration of Approval

(1) Except of as otherwise provided in subsection (2) below, Construction Plan Approval shall automatically expire if the associated development application approval expires, is revoked, or otherwise becomes invalid. If there is no associated application, the Construction Plan Approval does not expire.

(2) A Letter of Conditional Construction Plan Approval shall expire six months from the date of issuance.

c. Minor Modifications Allowed

(1) The applicant may request, and the Town Engineer may approve, minor deviations from the approved Construction Plan where the applicant demonstrates that such deviations:

(A) Do not affect the overall development concept of the approved Construction Plan;

(B) Do not impede or prevent construction of infrastructure serving either the development or region;

(C) Will not result in substantially greater long-term maintenance costs for the Town;

(D) Are necessitated by physical or construction difficulties, or by application of best engineering and management practices; and

(E) Are consistent with the Construction Plan Approval and any prior Town Council approval on which the Construction Plan approval was based (e.g., Type 1 Subdivision Preliminary Plan Approval, or Major Site Plan Approval).

(2) The request shall be in writing, include a detailed justification for the requested deviations, and be accompanied by the appropriate revised Construction Plan Approval sheets or bulleted drawings, as determined by the Town Engineer.

(3) If the Town Engineer approves the requested deviations, the revised Construction Plan shall be modified to meet as-built submittal requirements for certifications and signatures.

(4) Any change from the approved Construction Plan other than those authorized in subsection (1) above requires a new application for Construction Plan Approval.

d. Inspections

Town staff and agents may inspect sites undergoing development authorized by Construction Plan Approval to determine whether development activities conform to approved plans and whether adequate measures are in place to control off-site contamination and other adverse impacts from constructions activities.

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C. Construction Plan Approval Review Standards

An application for Construction Plan Approval shall be approved only if the Town Engineer determines that all infrastructure and utility improvements serving the development have been approved by the appropriate agency, and that the Construction Plan:

1. Identifies tree protection areas as required in Section 5.4.5, Tree Protection Plan and Tree Protection Areas;

2. Complies with applicable standards in Article 5: Development Standards, Article 6: Riparian Buffers, Article 7: Stormwater Management, and Article 8: Performance and Maintenance;

3. Complies with all other applicable standards in this Ordinance;

4. Complies with the Engineering Design and Construction Manual;

5. Complies with all other applicable Town ordinances and state and federal laws;

6. Complies with all requirements and conditions of approval of any prior development permits or approvals.

2.5.9. Floodplain Development Permit

A. Applicability

1. The procedure and standards in this subsection apply to the review of applications for a Floodplain Development Permit, which shall be required before commencement of any development activities within Floodplain Overlay (FO) districts.

2. An application for a Floodplain Development Permit may be submitted and reviewed concurrently with applications for Site Plan Approval, Construction Plan Approval, or Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance.

B. Floodplain Development Permit Procedure

Figure 2.5.9.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Floodplain Development Permit application and note any specific variations of, or additions to, those review steps.

1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that the application shall include certificates of reference level elevations and any proposed floodproofing. (See Section 5.6, Floodplain Management.)

2. Staff Review and Decision

The Town Engineer shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions; or

c. Deny the application.

Floodplain Development Permit

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Town Engineer Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.9.B

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2. Signs Exempt from Regulation

Signs exempt from the signage regulations of this Ordinance are listed in Section 5.16.2.B, Exemptions.

3. Signs Exempt from Sign Permit Requirement

Signs subject to this Ordinance’s signage standards, but exempt from the requirement for a Sign Permit are listed in Section 5.16.2.C, Signs Not Requiring a Sign Permit.

B. Sign Permit Procedure

Figure 2.5.12.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Sign Permit application and note any specific variations of, or additions to, those review steps.

1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

2. Staff Review and Decision

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions; or

c. Deny the application.

3. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

A Sign Permit authorizes submittal of an application for an Electrical Permit for approved signage involving electrical power, and the erection, installation, construction, alteration, or moving of approved signage.

b. Expiration of Approval

A Sign Permit shall expire if the approved signage is not erected, installed, constructed, altered, or moved within six months after the date of Sign Permit Approval.

C. Sign Permit Review Standards

An application for a Sign Permit shall be approved only if the Planning Director determines that the proposed sign complies with all applicable standards in Section 5.16, Signage.

2.5.13. Building Permit

A. Building Permits are approved and issued by the Building Official in accordance with review procedures and construction standards in the State Building Code. A Building Permit is required before construction, erection, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, or demolition of any building or structure. It certifies that plans for such activity demonstrate compliance with the construction standards in the Building Code.

Sign Permit

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Planning Director Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.12.B

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B. No Building Permit shall be issued for a structure unless it is in accordance with all prior approvals.

2.5.14. Certificate of Compliance/Occupancy

A. Certificates of Compliance/Occupancy are approved and issued by the Building Official in accordance with review procedures and standards in the State Building Code. A Certificate of Compliance/Occupancy is required before a structure being developed in accordance with a Building Permit may be occupied or used for its authorized purpose. It certifies that work on the structure is completed in compliance with the Building Code and the terms and conditions of a Building Permit, but also in compliance with all other applicable Town regulations, including those in this Ordinance. A Certificate of Compliance/Occupancy serves as a final check on a structure’s compliance with the requirements of this Ordinance. Approval and issuance of a Certificate of Compliance/Occupancy does not preclude any responsibilities to obtain licenses and other approvals.

B. No Certificate of Compliance/Occupancy shall be issued for a structure except in accordance with all prior approvals. Issuance of a Certificate of Compliance/Occupancy does not preclude requirements for licenses and other approvals.

2.5.15. Interpretation

A. Purpose

The purpose of this section is to provide a uniform mechanism for rendering formal written interpretations of this Ordinance.

B. Authority

Responsibility for making interpretations of provisions of this Ordinance is assigned as follows:

1. The Planning Director shall be responsible for all interpretations of the zoning and subdivision provisions in the text of this Ordinance, including, but not limited to, interpretations of compliance with a condition of approval, and interpretations of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district. The Planning Director shall also be responsible for interpretations of the zoning district boundaries on the Official Zoning Map.

2. The Town Engineer shall be responsible for all interpretations of the riparian buffer, stormwater management, and engineering provisions in the text of this Ordinance.

3. The Building Official shall be responsible for all interpretations of Building Code provisions as they relate to this Ordinance including interpretations relating to issuance of a Certificate of Compliance/Occupancy.

C. Interpretation Procedure

Figure 2.5.15.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Interpretation application and note any specific variations of, or additions to, those review steps.

Interpretation

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Planning Director Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.15.C

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1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn or revised, in accordance with Section 2.4.3, except that it may be initiated by the Town Council, the Planning and Zoning Board, any resident or landowner in the town, or any person having a contractual interest in land in the town.

2. Staff Review and Decision

The Planning Director shall review the application and render a decision in accordance with Section 2.4.4, except that the decision shall be in the form of a written interpretation and the Planning Director shall consult with the Town Attorney and affected Town officials before rendering the interpretation.

3. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

A written interpretation shall be binding on subsequent decisions by the Planning Director or other Town administrative official in applying the same provision of this Ordinance or the Zoning Map in the same circumstance, unless the interpretation is reversed or modified on appeal to the Board of AdjustmentPlanning and Zoning Board or a court of law.

b. Official Record of Interpretations

The Planning Director shall maintain a record of written interpretations that shall be available for public inspection, on reasonable request, during normal business hours.

D. Interpretation Standards

1. Zoning Map Boundaries

Interpretation of zoning district boundaries on the Official Zoning Map shall be in accordance with the standards in Section 11.2, Interpretation of Zoning Map Boundaries, and consistent with the Comprehensive Plan.

2. Unspecified Uses

Interpretation of whether an unspecified use falls within a use classification, use category, or use type allowed in a zoning district shall be based the standards in Section 11.3, Use Classifications and Interpretation, and the Comprehensive Plan.

3. Text Provisions

Interpretation of text provisions and their application shall be based on the standards in Section 11.1, Interpretation of Ordinance Text, and the following considerations:

a. The clear and plain meaning of the provision’s wording, as defined by the meaning and significance given specific terms used in the provision—as established in Section 11.5, Terms and Uses Defined, and by the common and accepted usage of the term;

b. The intended purpose of the provision, as indicated by purpose statements, its context and consistency with surrounding and related provisions, and any legislative history to its adoption;

c. The general purposes served by this Ordinance, as set forth in Section 1.1.3, Purpose and Intent; and

d. Consistency with the Comprehensive Plan.

(Ord. No. 2014-22, 06/24/2014)

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2.5.16. Variance

A. Purpose

The purpose of a Variance is to allow certain deviations from standards of this Ordinance when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner’s control (such as exceptional topographical conditions or the narrowness, shallowness, or shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. Variances are to be sparingly exercised and only in rare instances and under exceptional circumstances to relieve undue and unique hardships to the landowner. No change in permitted uses or increases in maximum allowable development intensity may be authorized by variance.

B. Applicability

The procedure and standards in this subsection apply to the review of applications for a Variance seeking hardship relief from the standards of this Ordinance other than the standards in Article 6: Riparian Buffers, and Article 7: Stormwater Management, provided that no Variance may be sought or granted that would permit a use not allowed by use standards applicable in a zoning district or increase development intensity (e.g., dwelling units per acre or floor area ratio) beyond that allowed by intensity standards applicable in a zoning district. (Procedures and standards for variances from riparian buffer standards are in Section 6.6, Variances from Riparian Buffer Regulations; those for variances from stormwater management regulations are in 7.2.5, Stormwater Variances.)

C. Variance Procedure

Figure 2.5.16.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Variance application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. Staff Review and Report

The Planning Director shall review the application, allow revisions of the application, and prepare a staff report in accordance with Section 2.4.4, except that the staff report shall summarize the variance request based on submitted evidence—but need not include a recommendation for action.

4. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for a Board of AdjustmentPlanning and Zoning Board meeting in accordance with Section 2.4.5.

Variance

Board of Adjustment Review, Quasi-Judicial

Public Hearing, and Decision

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

Figure 2.5.16.C

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5. Board of AdjustmentPlanning and Zoning Board Review and Decision

The Board of AdjustmentPlanning and Zoning Board shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions.

a. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application.

b. Approval of the application shall require the affirmative vote of at least 4/5 of all the members of the board. (In such cases, vacant positions and members who are excused from voting shall not be considered members of the board.)

6. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Issuance and Recordation of Variance

If the Variance application is approved, the Planning Director shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B, Appeal), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located.

b. Effect of Approval

(1) Approval and recordation of a Variance authorizes only the particular regulatory relief approved as part of the Variance, as applied only to the land for which the Variance is approved, and only in accordance with any approved plans and documents, and conditions of approval. It does not exempt the applicant from the responsibility to obtain all other development permits and approvals required by this Ordinance and any other applicable laws, and does not indicate that the development for which the Variance is granted should receive approval of other applications for a development permit required under this Ordinance unless the relevant and applicable portions of this Ordinance or any other applicable laws are met.

(2) Unless it expires in accordance with subsection c below, an approved and recorded Variance—including any approved plans and documents, and conditions of approval—shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership. All decisions, determinations, and interpretation by Town staff shall be consistent with an approved and recorded Variance.

c. Expiration of Approval

A Variance shall expire and become invalid if the property owner changes development on the site such that the extraordinary and exceptional conditions that warranted the hardship and Variance no longer do so.

D. Variance Review Standards

1. General Variance Review Standards

A Variance application shall be approved only if the Board of AdjustmentPlanning and Zoning Board reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing:

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a. There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the Variance is sought, that do not generally apply to other lands or structures in the vicinity;

b. The extraordinary and exceptional conditions referred to above are not the result of the actions of the landowner;

c. Because of the extraordinary and exceptional conditions referred to above, the application of this Ordinance to the land or structure for which the Variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship;

d. The Variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated;

e. The extent of the Variance is the minimum necessary to allow a reasonable use of the land or structure;

f. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit;

g. The Variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare; and

h. The Variance is consistent with the Comprehensive Plan.

2. Additional Review Standards for Variances from Flood Damage Prevention Standards

a. If the Variance application involves standards in Section 5.6, Floodplain Management, the Board of AdjustmentPlanning and Zoning Board shall reach each of the following additional conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing:

(1) The Variance would not result in increased flood heights;

(2) The Variance would not result in additional threats to public safety;

(3) The Variance would not result in extraordinary public expense;

(4) The Variance would not create nuisances;

(5) The Variance would not cause fraud on or victimization of the public; and

(6) The Variance would not conflict with existing local laws or ordinances.

b. The Board of Adjustment’sPlanning and Zoning Board’s review of a Variance application involving flood damage prevention standards shall consider all technical evaluations and relevant factors, including:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to life and property due to flooding or erosion damage;

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

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(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

3. Insufficient Grounds for Approving Variances

The following factors shall not constitute sufficient grounds for approval of any Variance:

a. A request for a particular use that is expressly, or by inference, prohibited in the zoning district;

b. Hardships resulting from factors other than application of requirements of this Ordinance;

c. The fact that land or a structure may be utilized more profitably or be more marketable with a Variance; or

d. The citing of other nonconforming or conforming uses of land or structures in the same or other zoning districts.

2.5.17. Riparian Buffer Variance

See Section 6.6, Variances from Riparian Buffer Regulations.

2.5.18. Stormwater Variance

See Section 7.2.5, Stormwater Variances.

2.5.19. Administrative Adjustment

A. Purpose

An administrative adjustment is intended to allow minor deviations, or adjustments, to certain dimensional or numerical standards in this Ordinance based on specific criteria. The intent is to provide relief where application of a standard creates practical difficulties in allowing development that otherwise advances the purposes served by the standards of this Ordinance and the Comprehensive Plan, and is compatible with surrounding development.

B. Applicability

1. The procedure and standards in this subsection apply to the review of applications for an Administrative Adjustment, which may be submitted and granted for the standards identified in Table 2.5.19.B, Allowable Administrative Adjustments, up to the limits set forth in the table for the type of standard.

2. An application for an Administrative Adjustment may only be submitted and reviewed concurrently with applications for a Special Use Permit, Type 1 Subdivision Preliminary Plat Approval, Type 2 Subdivision Preliminary Plat Approval, Major Site Plan Approval, Minor Site Plan Approval, Construction Plan Approval, Sign Permit, Building Permit, or Certificate of Compliance/Occupancy. Where the concurrently reviewed application is subject to review and approval by the Planning

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and Zoning Board, Board of Adjustment, or Town Council, Town staff shall review and decide the Administrative Adjustment application before distributing the concurrently reviewed application to the Planning and Zoning Board, Board of Adjustment, or Town Council.

(Ord. No. 2016-001, 05/10/2016)

Table 2.5.19.B: Allowable Administrative Adjustments Standard Allowable Administrative Adjustment

Shape factor 2 percentage points Net lot area, minimum 10 % Lot width, minimum 10 % Lot coverage, maximum 10 % Front setback, minimum 5 % Corner side setback, minimum 15 % Side setback, minimum 15 % Building separation, minimum 30 % Rear setback, minimum 15 % Build-to line, minimum 15 % Build-to line, maximum 15 % Structure height, maximum 5 % Build-to zone frontage occupied by buildings, minimum 15 % Block length, minimum 10 % Block length, maximum 10 % Perimeter or streetyard buffer width, minimum 10 % Perimeter or streetyard buffer planting rate, minimum 10 % Driveway spacing, minimum 20 % Street intersection spacing, minimum 10 % Number of off-street vehicle parking spaces, minimum 10 % Number of off-street bicycle parking spaces, minimum 10 % Stacking lane distance for parking area entrance drives, minimum 10 % Walking distance between shared, off-site, or on-street vehicle parking spaces and primary pedestrian entrance of uses served, minimum

10 %

Vegetation size at time of planting, minimum 20 % Vehicle use area planting island area and dimensions, minimum 10 % Fence or wall height, maximum 1 ft Average light level to minimum light level uniformity ratio 15 % Lighting height, maximum 10 % Projection fascia sign, maximum projection 10 % Sign face area or dimensions, maximum 10 % Sign height, maximum 10 % Sign wall coverage, maximum 10 % Encroachment into required yards, maximum 15 % (Ord. No. 2015-047, 07/28/2015; Ord. No. 2016-001, 05/10/2016)

C. Administrative Adjustment Procedure

Figure 2.5.19.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Administrative Adjustment application and note any specific variations of, or additions to, those review steps.

1. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund.

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5. The Administrative Adjustment is consistent with the purpose of the zoning district where located and with the Comprehensive Plan.

(Ord. No. 2014-051, 11/10/2014; Ord. No. 2015-047, 07/28/2015)

2.5.20. Alternative Equivalent Compliance

A. Purpose

To encourage creative and unique or alternative designs, the Alternative Equivalent Compliance procedure allows development to occur in a manner that meets the intent of this Ordinance, yet through an alternative design that does not strictly adhere to the Ordinance’s design standards. This is not a general waiver of regulations. Rather, the procedure authorizes a specific development plan for a particular site that incorporates deviations from certain development design standards, but achieves the intent of the standards from which a deviation is sought to the same or greater degree than what would result from the strict application of the standards.

(Ord. No. 2018-302-0, 09/11/2018)

B. Applicability

1. The procedure and standards in this subsection apply to the review of applications for an Alternative Equivalent Compliance, which may be submitted and granted for standards in the following sections, only where specifically referenced:

a. Section 3.5, Town Center Districts.

b. Section 5.3, Subdivision Blocks, Lots, and Reference Points.

c. Section 5.4, Tree Protection.

d. Section 5.5, Common Open Space and Recreation Area

e. Section 5.8, Access and Circulation.

f. Section 5.9, Building Configuration and Design.

g. Section 5.10, Parking and Loading.

h. Section 5.12, Landscaping.

2. An application for an Alternative Equivalent Compliance may only be submitted and reviewed concurrently with an application for a Special Use Permit, Type 1 Subdivision Preliminary Plat Approval, Type 2 Subdivision Preliminary Plat Approval, Major Site Plan Approval, Minor Site Plan Approval, or Construction Plan Approval. The application for an Alternative Equivalent Compliance shall be reviewed in accordance with subsection C below irrespective of whether all the required review steps are required for the concurrently reviewed application.

(Ord. No. 2016-001, 05/10/2016; Ord. No. 2018-302-0, 09/11/2018)

C. Alternative Equivalent Compliance Procedure

Figure 2.5.20.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of an Alternative Equivalent Compliance application and note any specific variations of, or additions to, those review steps.

Alternative Equivalent Compliance

Town Council Review and Decision

with quasi-judicial public hearing

Scheduling and Notice of Meetings

Staff Review and Recommendation

with DRC review

Application Submittal and Acceptance

Pre-Application Conference

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

with public comment session

Figure 2.5.20.C

Step is Applicable

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1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

a. The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund. The request shall include justifications for the Alternative Equivalent Compliance, based on the review standards in subsection 2.5.19.D, Alternative Equivalent Compliance Review Standards below.

b. In no instance shall an application for an Alternative Equivalent Compliance be submitted after an associated application has been determined complete by the Planning Director and accepted for review.

3. Staff Review and Recommendation

a. The Planning Director shall review the application, allow revisions, and prepare a staff report and recommendation in accordance with Section 2.4.4.

b. The Planning Director, at his or her discretion, may seek the advice of a third party to evaluate a proposed alternative. The cost of any third party review shall be the responsibility of the applicant.

(Ord. No. 2018-302-0, 09/11/2018)

4. 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 Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application, hold a public comment session, and make a recommendation in accordance with Section 2.4.6.

6.5. Town Council Review and Decision

The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7. The decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Deny the application;

d. Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

7.6. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Issuance and Recordation of Alternative Equivalent Compliance

If the Alternative Equivalent Compliance application is approved, the Planning Director shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B, Appeal), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located.

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2.5.21. Site-Specific Development Plan Designation

A. Purpose

The purpose of this subsection is to provide a procedure whereby the applicant for a development permit or approval that includes a plan describing with reasonable certainty the type and intensity of use on a specific parcel may have such plan designated as a site-specific development plan that establishes a vested right to the development shown on the plan in accordance with the requirements in N.C.G.S 160A-385.1.

B. Applicability

The procedure and standards in this subsection apply to the review of applications for an Site-Specific Development Plan Designation, which may only be submitted and reviewed concurrently with an application for a Major or Minor Site Plan Approval. The application for a Site-Specific Development Plan Designation shall be reviewed in accordance with subsection C below irrespective of whether all the required review steps are required for the concurrently reviewed application. It may be approved only if the concurrently reviewed application is approved and shall be subject to any conditions imposed on that application.

(Ord. No. 2016-001, 05/10/2016)

C. Site-Specific Development Plan Designation Procedure

Figure 2.5.21.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Sign Permit application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that this application is not eligible for a 50 percent refund.

3. Staff Review and Recommendation

The Planning Director shall review the application, allow revisions, and prepare a staff report and recommendation in accordance with Section 2.4.4.

4. 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 Section 2.4.5.

5. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6.

6. Town Council Review and Decision

The Town Council shall review the application, hold a standard public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions:

Site Specific Development Plan

Designation

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 2.5.21.C

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hearing, modify the approval on finding that the enacted state or federal law has 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

A. 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 AdjustmentPlanning and Zoning Board by submitting an Administrative Appeal application to the Planning Director within 30 days after the decision, interpretation, or order being appealed.

B. Administrative Appeal Procedure

Figure 2.5.22.B shows thoseThe following subsections identify the 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.

1. 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:

a. 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.

b. 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 AdjustmentPlanning and Zoning Board 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 AdjustmentPlanning and Zoning Board or by a court of record on petition, after notice to the official from whom the appeal is taken, and for due cause shown.

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

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2. Staff Transmittal of Materials to Board of AdjustmentPlanning and Zoning Board

The Planning Director shall:

a. Refer the application to the administrative official whose decision, interpretation, or order is being appealed;

b. Collect and compile all documents and other materials relevant to the decision, interpretation, or order being appealed; and

c. Transmit the application and relevant documents and other materials to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.4.4.C.2.

3. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for a Planning and Zoning Board Board of Adjustment meeting in accordance with Section 2.4.5.

4. Board of Adjustment ReviewPlanning and Zoning Board Review and Decision

The Planning and Zoning Board Board of Adjustment shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions:

a. The decision shall be one of the following:

(1) Affirmation of the decision, interpretation, or order being appealed (in whole or in part);

(2) Modification of the decision, interpretation, or order being appealed (in whole or in part); or

(3) Reversal of the decision, interpretation, or order being appealed (in whole or in part).

b. In deciding the application, the Planning and Zoning Board Board of Adjustment shall make any order, requirement, decision, or determination that in its opinion ought to be made in the circumstances, and shall have all the powers of the officer from whom the appeal is taken.

5. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

a. Effect of Approval

To the extent a decision on an Administrative Appeal application pertains to application of a particular provision of this Ordinance in a particular circumstance, the appeal decision shall be binding on subsequent decisions by the Planning Director, Town Engineer, or other administrative official in applying the same provision of this Ordinance in the same circumstance.

b. Expiration of Approval

The decision on an Administrative Appeal application does not expire, but shall remain valid except to the extent this Ordinance is subsequently amended to reflect any reversal or modification of the decision, interpretation, or order that was appealed.

C. Administrative Appeal Review Standards

1. The Planning and Zoning Board Board of Adjustment shall review the Administrative Appeal application in accordance with the standards of this Ordinance applicable to the decision, interpretation, or order being appealed, and shall base its decision solely on the record established below for the decision, interpretation, or order being appealed. The record shall consist of the all documents, hearing records, and other materials related to the decision, interpretation, or order.

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2. The Planning and Zoning Board Board of Adjustment may modify or reverse a decision, interpretation, or order (in whole or in part) only if it finds that there is competent substantial evidence in the record of a clear and demonstrable error in the administrative officer’s application of the relevant standards or provisions of this Ordinance.

2.5.23. Development Agreement

A. Findings and Purpose

1. The Town Council finds and determines that development agreements may be useful to both the Town and developers of land in the town by providing more regulatory certainty, establishing a schedule for development, assisting both developers and the Town coordinate the provision of adequate public facilities to serve development, coordinating the phasing of development, and administering management efforts to maintain open space and environmentally sensitive lands.

2. The purpose of this section is to authorize development agreements to be entered into between a developer and the Town Council in accordance with the procedures and standards of this section to encourage comprehensive planning and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, while providing certainty in the process of obtaining development permits and approvals, and reduce the economic costs of development by providing greater regulatory certainty.

B. Applicability

The Town Council may enter into a development agreement with a developer, subject to Chapter 160A, Article 19, Part 3D of the North Carolina General Statutes. In entering into a development agreement, the Town may not exercise any authority or make any commitment not authorized by general or local act, and may not impose any tax or fee not authorized by otherwise applicable law.

C. Development Agreement Procedure

Figure 2.5.23.C and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Development Agreement application and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that an application for a Development Agreement may be submitted only by the owner(s) of the property or properties proposed to be rezoned or a person duly authorized to submit the application on behalf of the owner(s).

Development Agreement

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 2.5.23.C

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(2) Major modification of the agreement shall follow the same procedures as required for initial approval of a Development Agreement.

(3) With the mutual consent of the other parties to the agreement, the Planning Director may approve minor modifications of the Development Agreement, without following the same procedures as required for initial approval of the agreement. Before doing so, the Planning Director shall make written findings that the proposed minor modifications would not significantly change the use, intensity, or design of the development, would be consistent with the purposes and goals of the agreement, would comply with this Ordinance, and would not adversely affect the public health, safety, or general welfare.

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:

1. Section 160A-400.23’s site area and duration requirements;

2. Section 160A-400.24’s requirement that delivery of public facilities be tied to implementation of the proposed development;

3. Section 160A-400.25’s requirements for minimum contents of development agreements, phasing, performance standards and agreement modifications; and

4. 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

Figure 2.5.24.B and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Right-of-Way Encroachment Agreement Approval applications and note any specific variations of, or additions to, those review steps.

1. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

2. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

3. 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 2.4.4.

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

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B. Applicability

1. New Facility

a. The procedure and standards in this subsection apply to the review of applications for Wireless Telecommunication Facilities which shall be submitted and reviewed concurrently with any telecommunication facilities use requiring an application for a Special Use Permit, Major Site Plan Approval, or Minor Site Plan Approval in Section 4.2.4, Principal Use Table or Section 4.3.4, Accessory Use/Structure Table. Wireless Telecommunication facilities Approval shall apply uniformly to all areas within the Town of Morrisville and approval is required, unless exempted in accordance with Section 2.5.25.B.1.c below, before submittal of an application for Construction Plan Approval, unless the applicant elects to submit applications for both Site Plan Approval and Construction Plan Approval for concurrent review in accordance with Section 2.5.25.B.1.b below.

b. For developments requiring Construction Plan Approval in addition to Special Use Permit Approval , Major Site Plan Approval, or Minor Site Plan Approval, the applicant may submit an application for Construction Plan Approval concurrently with an application for Special Use Permit or Site Plan Approval. In such a case, Town staff shall review the more detailed Construction Plan Approval application concurrently with the Special Use Permit or Site Plan Approval application, but the Town Engineer shall not decide the Construction Plan Approval application until after the Special Use Permit application or Site Plan Approval application is decided by either the Town Council or Planning Director, as appropriate.

c. The following development is exempt from the requirements of this section, notwithstanding any other measures:

(1) Satellite earth stations that are one meter (39.37 inches) or less in diameter in all residential zoning districts and two meters or less in all other zoning districts.

(2) Regular and ordinary maintenance of antenna elements of any existing telecommunication facilities that does not include the replacement of any antenna elements, the addition of any new antenna elements, feed lines or associated support equipment or the placement of new telecommunication facilities.

(3) Government-owned telecommunication facilities, upon the declaration of a state of emergency by federal, state, or local government; except that such facilities must comply with all federal and state requirements. The subject facilities may be exempt from the provisions of Section 2.5.25, Wireless Telecommunication Facilities, of this ordinance up to three months after the duration of the state of emergency.

(4) Government-owned telecommunication facilities erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.

(5) Temporary, commercial telecommunication facilities, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the Town and approved by the Town; except that such facilities must comply with all federal and state requirements. The subject facilities may be exempt from the provisions of Section 2.5.25, Wireless Telecommunication Facilities, of this ordinance up to three months after the duration of the state of emergency.

(6) Temporary, commercial telecommunication facilities, for the purposes of providing coverage of a special event such as news coverage or sporting event, subject to approval by the Town, except that such facilities must comply with all federal and state requirements. Said facilities may be exempt from the provisions of Section 2.5.25, Wireless Telecommunication Facilities, of this ordinance up to one week after the duration of the special event.

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2. Existing Facilities

Any telecommunication facilities lawfully established before the effective date of this Ordinance, and that are not in violation of this Ordinance or the pre-existing Telecommunication Tower Ordinance of the Town, shall be allowed to continue to operate provided they meet the requirements set forth by the Town. Existing Facilities shall also comply with Section 2.5.25.D.1.f(2), Analysis of Existing Telecommunication Facilities.

3. Discontinued (Abandoned) Telecommunication Facilities

a. Towers, antennas, equipment compounds and all associated equipment shall be removed, at the owner’s expense, within 180 days of cessation of use, unless the abandonment is associated with mitigation as provided in Section 2.5.25.D.2.b, Telecommunication Tower Replacement or Mitigation (not involving collocation), of this ordinance, in which case the removal shall occur within 90 days of cessation of use.

b. If the tower or antenna is not removed within the timeframe, established in Section 2.5.25.B.3.a above, the Town may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, the Town may cause removal of the tower with costs being borne by the owner in accordance with Article 10: Enforcement.

c. Upon removal of the tower, antenna, concrete pads, equipment compound and all associated equipment, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal.

C. Wireless Telecommunication Review Procedures

1. Special Use Permit

Figure 2.5.25.C.1 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Wireless Telecommunication Facilities application requiring a Special Use Permit and note any specific variations of, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

c. 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 2.4.4.

d. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for Planning and Zoning Board and Town Council meetings, in accordance with Section 2.4.5.

Wireless Telecommunication

Facilities Requiring a Special Use Permit

Town Council Review and Decision

with quasi-judicial 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 2.5.25.C.1

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e. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application, hold a public comment session, and make a recommendation in accordance with Section 2.4.6.

f.e. Town Council Review and Decision

The Town Council shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, and Section 2.5.5.D, subject to the following provisions. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application;

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require further public notice and additional review fees.)

g.f. Post-Decision Actions and Limitations

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Issuance and Recordation of Special Use Permit

(A) If the Special Use Permit application is approved, the Planning Director shall issue the applicant a Special Use Permit for Wireless Telecommunication Facilities that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval.

(B) On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), the applicant shall record the Special Use Permit for Wireless Telecommunication Facilities with the Register of Deeds for the county in which the development site is located and return a copy of the recorded Special Use Permit to the Planning Director.

(2) Effect of Approval

Approval and recordation of a Special Use Permit for Wireless Telecommunication Facilities application allows approval of a concurrently-reviewed Site Plan Approval application for the same Wireless Telecommunication Facility, and authorizes submittal of other development applications that may be required before construction or use of Wireless Telecommunication Facilities authorized by the approved Special Use Permit.

(3) Expiration of Approval

(A) Approval of a Special Use Permit for Wireless Telecommunication Facilities application shall expire if the Special Use Permit is not recorded in the appropriate county Register of Deeds in accordance with subsection 2.5.25.C.1.f(1)(B), above, within 30 days after expiration of the deadline for filing an appeal of the decision approving the application.

(B) An approved and recorded Special Use Permit for Wireless Telecommunication Facilities shall expire if an application for a Construction Plan Approval for the approved development is not accepted for review within one year after the date of approval of the Special Use Permit application.

(C) An approved and recorded Special Use Permit for Wireless Telecommunication Facilities application shall expire automatically if the associated Site Plan Approval application expires, is revoked, or otherwise becomes invalid.

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(4) Minor Changes Allowed

(A) Subsequent development applications may incorporate minor changes from the Special Use Permit Approval for Wireless Telecommunication Facilities without the need to amend the Special Use Permit in accordance with Section 2.4.8.D, Modification or Amendment of Approval, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(i) Continue to comply with this Ordinance;

(ii) Are necessary to comply with conditions of approval;

(iii) Comply with the policies set forth in the Town of Morrisville Wireless Telecommunication Facilities Master Plan; or

(iv) Are consistent with the Special Use Permit approval or any Town Council approval on which the Special Use Permit approval was based. Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Special Use Permit approval or any prior Town Council approval on which it was based.

(B) In any case, the following change from the Special Use Permit for Wireless Telecommunication Facilities approval on which it was based shall constitute a major change requiring amendment of the Special Use Permit in accordance with Section 2.4.8.D Modification or Amendment of Approval:

(i) A change in a condition of approval.

(ii) A change in the height of the facility.

(iii) A change in the size of the compound area.

(C) Before determining whether a change is a minor change or a major change, the Planning Director shall review the record of the proceedings on the Special Use Permit application and consider whether any proposed modification would require evidentiary support in addition to that on which approval of the Special Use Permit application was based.

2. Major Site Plan

Figure 2.5.25.C.2 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of Wireless Telecommunication Facilities application requiring a Major Site Plan and note any specific variations of, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

c. 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 2.4.4.

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d. 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 Section 2.4.5.

e. Planning and Zoning Board Review and Recommendation

The Planning and Zoning Board shall review the application and make a recommendation in accordance with Section 2.4.6.

f. Town Council Review and Decision

The Town Council shall review and decide the application in accordance with Section 2.4.7 and Section 2.5.7.D. The decision shall be one of the following:.

(1) Approve the application as submitted;

(2) Approve the application subject to conditions;

(3) Deny the application; or

(4) Remand the application back to the Planning Director or Planning and Zoning Board for further consideration. (This may require additional review fees.)

g. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Effect of Approval

Major Site Plan Approval for Wireless Telecommunication Facilities allows the approval of any concurrently-reviewed applications for Construction Plan Approval, Floodplain Management Permit, Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Major Site Plan Approval.

(2) Expiration of Approval

A Major Site Plan Approval for Wireless Telecommunication Facilities shall expire if no significant work is done or development is made within two years after the date of Major Site Plan Approval.

(3) Minor Changes Allowed

(A) Subsequent development applications may incorporate minor changes from the development defined by the Major Site Plan Approval for Wireless Telecommunication Facilities without the need to amend the Major Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(i) Continue to comply with this Ordinance;

(ii) Are necessary to comply with conditions of approval;

Wireless Telecommunication

Facilities Requiring a Major Site Plan

Town Council Review and Decision

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

Figure 2.5.25.C.2

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(iii) Comply with the policies set forth in the Town of Morrisville Wireless Telecommunication Facilities Master Plan; or

(iv) Are consistent with the Major Site Plan Approval. Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Major Site Plan Approval.

(B) In any case, the following changes from the Major Site Plan Approval for Wireless Telecommunication Facilities shall constitute a major change requiring amendment of the Major Site Plan Approval in accordance with Section 2.4.8.D Modification or Amendment of Approval:

(i) A change in a condition of approval.

(ii) A change in the height of the facility.

(iii) A change in the size of the compound area.

3.2. Minor Site Plan

Figure 2.5.25.C.3 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the to the review of Wireless Telecommunication Facilities application requiring a Minor Site Plan, or additions to, those review steps.

a. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

b. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

c. Staff Review and Decision

The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4 and <>Section 2.5.7.D. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions; or

(3) Deny the application.

d. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Effect of Approval

Minor Site Plan Approval for Wireless Telecommunication Facilities allows the approval of any concurrently-reviewed applications for Construction Plan Approval, Floodplain Management Permit, Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Minor Site Plan Approval.

Wireless Telecommunication

Facilities Requiring a Minor Site Plan

Town Council Review and Decision

Scheduling and Notice of Meetings

Staff Review and Planning Director Decision

with DRC review

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 2.5.25.C.3

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(2) Expiration of Approval

A Minor Site Plan Approval for Wireless Telecommunication Facilities shall expire if no significant work is done or development is made within two years after the date of Minor Site Plan Approval.

(3) Minor Changes Allowed

(A) Subsequent development applications may incorporate minor changes from the development defined by the Minor Site Plan Approval for Wireless Telecommunication Facilities without the need to amend the Minor Site Plan Approval in accordance with Section 2.4.8.D, Modification or Amendment of Approval, where the Planning Director determines that the changes:

(i) Continue to comply with this Ordinance;

(ii) Are necessary to comply with conditions of approval; or

(iii) Comply with the policies set forth in the Town of Morrisville Wireless Telecommunication Facilities Master Plan; or

(iv) Are consistent with the Minor Site Plan approval or any prior Town Council approval on which it was based (e.g., PD Plan/Agreement approval, Conceptual Master Plan Approval, Major Site Plan Approval). Consistency means the changes would not significantly alter the development’s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Minor Site Plan Approval or any prior Town Council approval on which it was based.

(B) In any case, the following changes from the Minor Site Plan Approval for Wireless Telecommunication Facilities or any prior Town Council approval on which it was based shall constitute a major change requiring amendment of the Minor Site Plan Approval in accordance with Section 2.4.8.D Modification or Amendment of Approval:

(i) A change in a condition of approval.

(ii) A change in the height of the facility.

(iii) A change in the size of the compound area.

(Ord. No. 2016-001, 05/10/2016)

D. Wireless Telecommunication Facilities Approval

An application for Wireless Telecommunication Facilities Approval may be approved only if the Town Council or Planning Director, as appropriate, determine that the facilities comply with the following:

1. All Telecommunication Facilities

a. Permitted as a Principal or Accessory Use

(1) On town-owned property the Town may authorize the application and use of town property after the applicant executes a lease agreement acceptable to the Town.

(2) Non-concealed attached antenna, as part of existing utility distribution poles, and dual-function telecommunication facilities within an existing transmission tower shall be permitted as an accessory use.

(3) Except for dual-function towers, new freestanding telecommunication towers shall be prohibited within utility easements.

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3. Use Types

Use Types identify specific principal land uses whose characteristics are considered to fall within the various use categories. For example, bars, lounges, brewpubs, and restaurants are use types within the Eating and Drinking Use Category. Each use type is defined in Section 11.5, Terms and Uses Defined. While the Residential and Institutional use classifications tend to include relatively specific and well–defined use types, the Commercial and Industrial use classifications tend to include broader uses types, reflecting the wider range and ever-growing variety of commercial and industrial uses existing in the community.

B. Classifying principal uses in this manner provides a systematic basis for determining whether a particular land use not expressly listed should be considered a form or example of a listed principal use, and for addressing future additions to the Principal Use Tables. See Section 11.3, Use Classifications and Interpretation, for a description of the use classification system and procedures for using it to interpret unlisted uses.

4.2.4. Principal Use Table

A. Structure of Principal Use Table

1. Designation of Uses

The Principal Use Table uses the following abbreviations to designate whether and how a principal use is allowed in a particular zoning district:

P A “P” under a base zoning district column indicates that the use is allowable as a principal use in the district without a permit or with Minor Site Plan Approval in accordance with Section 2.5.7, Site Plan Approval, subject to any referenced use-specific standards and all other applicable regulations of this Ordinance.

P*

A “P*” under a base zoning district column indicates that the use is allowable as a principal use in the district with Major Site Plan Approval in accordance with Section 2.5.7, Site Plan Approval, unless the development qualifies for Minor Site Approval in accordance with Section 2.5.7.A.5 because of its lower intensity or prior approval, subject to any referenced use-specific standards and all other applicable regulations of this Ordinance.

S An “S” under a base zoning district column indicates that the use is allowable as a principal use in the district only on approval of a Special Use Permit in accordance with Section 2.5.5, Special Use Permit, and subject to any referenced use-specific standards and all other applicable regulations of this Ordinance.

C

A “C” under a base zoning district indicates that the use is allowable as a principal use in the parallel conditional zoning district in addition to those uses also allowed in the base zoning district, subject to any referenced use-specific standards and all other applicable regulations of this Ordinance, and any limiting plans and conditions proposed and approved as part of the Conditional Rezoning establishing the conditional zoning district.

A An “A” under a planned development (PD) district column indicates that the use is allowable as a principal use in the district only if the PD Plan/Agreement approved for the district expressly identifies the use type as allowed, and subject to any referenced use-specific standards and all other applicable regulations of this Ordinance.

A blank cell under a base or planned development zoning district column indicates that the use is prohibited as a principal use in the district.

X An “X” under an overlay district column indicates that the use is prohibited as a principal use in the overlay district, irrespective of whether it is allowed by the underlying base district. This designation applies only to overlay zoning districts.

2. Reference to Use-Specific Standards

A particular use category or use type allowable as a principal use in a zoning district may be subject to additional standards that are specific to the particular use. The applicability of such use-specific standards is noted in the last column of the Principal Use Table (“Use-Specific Standards”) through a reference to standards in Section 4.2.5, Principal Use-Specific Standards.

B. Multiple Principal Uses

A development may include a single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., home occupation as accessory to a dwelling, or administrative offices as accessory to a school, retail sales, or manufacturing use). A development may

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.4. Principal Use Table

Morrisville, NC <> Unified Development Ordinance Page 4-3

also include multiple principal uses, none of which is necessarily customarily incidental or subordinate to another principal use (e.g., a place of worship combined with a school, a gas station combined with a convenience store, restaurant, or automotive repair use, or a flex building housing retail, industrial service, and warehousing tenants). A development with multiple principal uses shall include only those principal uses designated in the use tables as allowed in the applicable zoning district, and each principal use shall be subject to any use-specific standards applicable to the use.

C. Principal Use Table

Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Agricultural and Animal Related Uses

Ag

ricu

ltura

l

Use

s

Community Garden P P P P P P P P P P P P P P P P P P P A A 4.2.5.B.1.a

Farm, Small P P P P A 4.2.5.B.1.b

Farm, Large P A

Forestry P P P P P P P P P P P P P P P P P P P A 4.2.5.B.1.c

Garden Center P P P P A

Greenhouse/ Nursery

P P A

Anim

al

Rela

ted

Use

s

Kennel, Indoor P P P P P P P P P A 4.2.5.B.2.a

Kennel, Outdoor P A 4.2.5.B.2.b

Stables P P P A

Veterinary Clinic/Hospital

P P P P P P P P P A 4.2.5.B.2.c

Residential Uses

Hou

sehold

Liv

ing

Use

s

Bungalow Court P 4.2.5.C.1.a

Dwelling, Duplex PP*

PP*

PP*

A X

Dwelling, Live/Work

P P P P P P P C P C C P A X 4.2.5.C.1.b

Dwelling, Manufactured Home

P X 4.2.5.C.1.c

Dwelling, Multi-family

≤50 du P P P P P P P P C C P A A X

4.2.5.C.1.d >50 du

PP*

PP*

PP*

PP*

PP*

P PP*

PP*

C C PP*

A A X

Dwelling, Single-Family Attached

PP*

PP*

PP*

PP*

PP*

PP*

C C C PP*

PP*

PP*

A A X

Dwelling, Single-Family Detached

PP*

PP*

PP*

PP*

C C PP*

PP*

PP*

A X

Family Care Home P P P P P P P P P P P A X 4.2.5.C.1.e

Pocket Neighborhood

P 4.2.5.C.1.f

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.4. Principal Use Table

Morrisville, NC <> Unified Development Ordinance Page 4-4

Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Gro

up

Liv

ing

Use

s

Congregate Living Facility

P P P P P P P P A X 4.2.5.C.2.a

Continuing Care Retirement Community

S S S P P A X 4.2.5.C.2.b

Dormitory P P P P P P P P P A

Rooming House P A X

Institutional Uses

Com

mu

nity

and

Gov

ern

ment

Serv

ice U

ses

Club or Lodge P P P P P P P P P P A X

College or University

P P P P P P P P P A 4.2.5.D.1.a

Community Center P P P P P P P P P P P P P A A

Cultural Facility P P P P P P P P P C P P P A A X

Day Care Center P P P P P P P P P P A A X 4.2.5.D.1.b

Emergency Services

P P P P P P C P P C C P P P A A

Government Services, Administrative

P P P P P P P P P P P P P P A A

Government Maintenance, Storage, or Distribution Facility

P P P A X

Place of Worship, Community

PP*

PP*

PP*

PP*

PP*

PP*

C C P P P A X 4.2.5.D.1.c

Place of Worship, Neighborhood

PP*

PP*

PP*

PP*

P P P P P P P C C P P P A X 4.2.5.D.1.d

Public Park or Recreation Facility

P P P P P P P P P P P P P P P P P P P A A

School, Elementary PP*

PP*

PP*

P P P P P P P C C A X

School, Middle PP*

PP*

P P P P P P P C C A X [1]

School, High PP*

P P P P P P P C C A X [1]

School, Business or Vocational

P P P P P P P C C P P P A

Sports Academy P P A

Health

Ca

re

Use

s

Hospital PP*

P P P P P A X

Nursing Home P P P P P P P P P P A X 4.2.5.D.2.a

Office, Medical/ Dental

P P P P P P P P P P P A A

Office Park, Medical/ Dental

P P P P P P P A

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.4. Principal Use Table

Morrisville, NC <> Unified Development Ordinance Page 4-5

Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Urgent Care Facility

P P P P P P P P P P A A

Wellness Center P P P P P P P P P P A A

Tra

nsp

ort

ation

and

Utility

Use

s

Bus Station C C C P C C C C A

Central Utility Plant P P P P P P P A 4.2.5.D.3.a

Heliport S

Office, Utility P P P P P P P P P A

Park and Ride Terminal

C C P C C C P A

Parking Deck or Lot (as a principal use)

C C C C C P P P P C C C C C C C P P P A A 4.2.5.D.3.b

Railroad Yard S

Tra

nsp

ort

ation

and

Utility

Use

s Solar Energy Collection System (as a principal use)

P A

4.2.5.D.3.c

Transit Station P P P P P P P P P A

Utility Facility, Major

S S S S S S S S S S A

Utility Facility, Minor

P P P P P P P P P P P P P P P P P A

Tele

co

mm

un

icatio

n

Use

s

Antenna collocation or combination on existing tower

P P P P P P P P P P P P P P P P P P P A A 4.2.5.D.4.a

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.4. Principal Use Table

Morrisville, NC <> Unified Development Ordinance Page 4-6

Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Broadcasting Station

P P P A

Broadcast Studio P P P P P P P P P A A

Concealed attached antenna

S P P P P P P S P P P P A A 4.2.5.D.4.b

Non-concealed attached antenna (private utility easement)

P P P P P P P P P P P P P P P P P P P A A 4.2.5.D.4.c

Non-concealed dual-function tower (private utility easement)

P P P P P P P P P P P A

4.2.5.D.4.d

Concealed towers (town-owned property)

S S S S P P P P P P S S P S S S P P P A A 4.2.5.D.4.e

Non-concealed towers (town-owned property)

S S S S S S S S S S A

4.2.5.D.4.e

Antenna collocation or combination on existing tower

PP

* PP

* PP

* PP

* PP

* PP

* S PP* PP* PP*

PP

* A A 4.2.5.D.4.e

Non-concealed towers (private property)

S S S S S S S S S A

4.2.5.D.4.e

DAS Node P P P P P P P P P P P P P P P P P P A A 4.2.5.D.4.f

DAS Wired Hub P P P P P P P P P P P P P P P P P P A A 4.2.5.D.4.g

Commercial Uses

Eating

and

Dri

nkin

g

Est

ablish

ment U

ses

Restaurant P P P P P P P P P P P A A 4.2.5.E.1.a

Specialty Eating or Drinking Establishment

P P P P P P P P P P P A A

Bar or Lounge P P P P P P P P P P A A

Off

ice

Use

s Office Building P P P P P P P P P P A A

Office Park P P P P P P A

R ec re at

io n

U s e s Country Club P P P P A

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.4. Principal Use Table

Morrisville, NC <> Unified Development Ordinance Page 4-7

Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Golf Course P P P P P A 4.2.5.E.3.a

Private Recreation Facility, Indoor

P P P P P P C P P P P A A

Private Recreation Facility, Outdoor

P P P P P P P P A

4.2.5.E.3.b

Sports Training Facility, Indoor

P P A

Sports Training Facility, Outdoor

P P A

4.2.5.E.3.c

Ente

rta

inm

ent

Use

s

Adult Establishment S 4.2.5.E.4.a

Banquet Hall P P P P P P P P P A

Private Entertainment Facility, Indoor

P P P P P P C P P P P A A

Private Entertainment Facility, Outdoor

P P P P P P P P A

Funera

l

Rela

ted

Use

s

Funeral Home P P P P A

Cemetery P P P P P A

Crematorium P A

Stonecutting/ Monument Sales

P A

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.4. Principal Use Table

Morrisville, NC <> Unified Development Ordinance Page 4-8

Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Reta

il S

ale

s a

nd

Serv

ice U

ses

Convenience Store P P S S P P P P A

Farmers’ Market P P P P P P P P P A A 4.2.5.E.6.a

Retail Store

< 3,000 sf P P P P P P P P P P P A A

3,000 to < 20,000 sf

P P P P P C P P P P P A A

20,000 to < 50,000 sf

P P P P P C C C P P P A A

50,000 to < 75,000 sf

P P P P A

≥ 75,000 sf PP*

PP*

PP*

P A

Service Establishment

P P P P P P P P P P P A A

Reta

il S

ale

s

and

Serv

ice

Use

s

Service Establishment, Personal

P P P P P P P P P P P A A 4.2.5.E.6.b

Shopping Center, Major

PP*

PP*

PP*

P A

Shopping Center, Neighborhood

P P P P P P P P A

Vehic

le/

Eq

uip

ment Sa

les

and

Serv

ice U

ses

Automobile Repair, Major

P A

4.2.5.E.7.a

Automobile Repair, Minor

P P P P P A

4.2.5.E.7.b

Automobile Sales or Rental

P P A

4.2.5.E.7.c

Automobile Service Station

S S P P A

4.2.5.E.7.d

Car Wash/ Detailing

P P P P P A

4.2.5.E.7.e

Recreational Vehicle Sales, Rental, or Service

P A

4.2.5.E.7.f

Taxi or Limousine Service

PP*

P A

4.2.5.E.7.g

Tire Capping and Retreading

P A

4.2.5.E.7.h

Vehicle Fleet Storage

P A

4.2.5.E.7.i

Vehicular Towing Service

P A

4.2.5.E.7.j

Vis

itor

Acc

om

mo-

da

tion

Use

s Bed and Breakfast P P P P A

4.2.5.E.8.a

Hotel/Motel P P P P C P P P P A A

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.4. Principal Use Table

Morrisville, NC <> Unified Development Ordinance Page 4-9

Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Industrial Uses

Ind

ust

rial a

nd

Serv

ice U

ses

Construction-Related Activities

P

4.2.5.F.1.a

Flex Space, Major P

Flex Space, Minor P P P P

Industrial Park P

Industrial Equipment Sales and Rental

P

4.2.5.F.1.b

Mini-Storage C P 4.2.5.F.1.c

Motor Freight Terminal, Small

P

Motor Freight Terminal, Large

S

Outdoor Equipment Performance Testing Facility

P

4.2.5.F.1.d

Research Laboratory

P P P

Tank Farm S X

Warehousing/ Distribution

P

Wholesale Food Preparation

P P P

4.2.5.F.1.e

Wholesale Establishment

P

Ma

nufa

cturi

ng

Use

s

Brewery P P P P

Industrial Assembly, Light

P P P

Industrial Assembly, Heavy

P

4.2.5.F.2.a

Manufacturing, Custom

PP*

PP*

P P P P

Manufacturing, Light

P

Manufacturing, Medium

P

Manufacturing, Heavy

S

4.2.5.F.2.a

Micro-Brewery P P P P P P P P A

Micro-Winery P P P P P P P P A

Winery P P P P

ATTH 01

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Article 4: Use Standards Section 4.2. Principal Uses 4.2.5. Principal Use-Specific Standards

Morrisville, NC <> Unified Development Ordinance Page 4-10

Table 4.2.4: Principal Use Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

P* = Permitted with Major Site Plan Approval by Town Council

(unless qualifying for Minor Site Plan Approval in accordance with Section 2.5.7.A.5)

S = Allowed as a Special Use

C = Allowed as an additional use in the parallel Conditional Zoning District

A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use

Category Use Type

Base/Conditional Districts PD

Dis

tric

t

Overlay

Districts

Use-

Specific

Standard

PG

O

VLD

R

LDR

MD

R

HD

R

NA

C

BA

C

CA

C

RA

C

TO

D

HCV

MS

TCC

TCR

RT

RN

P

CC

OI

IM

MU

PD

MSP

D

AO

-A

AO

-B

FO

Extr

act

ion a

nd

La

ndfi

ll U

ses

Composting Facility S 4.2.5.F.3.a

Extraction of Earth Products

S

4.2.5.F.3.b

Hydraulic Fracturing

S

4.2.5.F.3.c

Junkyard or Recycling Facility

S

4.2.5.F.3.d

Landfill, Construction and Demolition Debris

S

4.2.5.F.3.e

Landfill, Municipal Solid Waste

S

X 4.2.5.F.3.f

Landfill, Land Clearing and Inert Debris

S

4.2.5.F.3.g

Notes: [1] Existing and new public college and university facilities used for public school students in joint or cooperative programs such as middle or early college programs and dual enrollment programs, in accordance with G.S. 115D- 41, are not prohibited.

(Ord. No. 2014-016, 06/24/2014; Ord. No. 2014-022, 06/24/2014; Ord. No. 2014-051, 11/10/2014; Ord. No. 2015-002, 04/29/2015, Ord. No. 2015-083, 01/26/2016; Ord. No. 2016-001, 05/10/2016)

4.2.5. Principal Use-Specific Standards

A. General

Standards for a specific principal use shall apply to the particular individual principal use regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This section sets forth and consolidates the standards for all principal uses for which a reference to this section is provided in the “Use-Specific Standards” column of the principal use table in Section 4.2.4.C, Principal Use Table, and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Ordinance.

B. Standards for Specific Agricultural and Animal Related Uses

1. Agricultural Uses

a. Community Garden

(1) Overhead lighting is prohibited.

(2) Accessory buildings shall be limited to sheds for the storage of tools, greenhouses, and seasonal farm stands. The combined area of all buildings and other structures shall not exceed 15 percent of the area of the parcel.

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Article 4: Use Standards Section 4.3. Accessory Uses and Structures 4.3.4. Accessory Use/Structure Table

Morrisville, NC <> Unified Development Ordinance Page 4-37

Table (“Use-Specific Standards”) through a reference to standards in Section 4.3.5, Accessory Use-Specific Standards.

Table 4.3.4: Accessory Use/Structure Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

A = Allowed subject to a PD Plan/Agreement Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use Type

Base/Conditional Districts

MUP

D

Overlay Districts Use-

Specific Standard

PGO

VLDR

LDR

MDR

HDR

NAC

BAC

CAC

RAC

TOD

HCV

MS

TCC

TCR

RT

RNP

CC

OI

IM

AO-A

AO-B

FO

Accessory Apartment P P P P P P P P P P P P P P P P P P X 4.3.5.B.1 Agritourism Activity P P P P P Amateur Ham Radio Antenna (Telecommunication Use)

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.2

Arbor P P P P P P P P P P P P P P P P P P P P Art P P P P P P P P P P P P P P P P P P P P Automated Teller Machine (ATM)

P P P P P P P P P P P P P P 4.3.5.B.3

Bike Rack P P P P P P P P P P P P P P P P P P P P Broadcast Facility (Telecommunication Use)

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.4

Canopy, Nonresidential

P P P P P P P P P P P P P P P P P P P 4.3.5.B.5

Carport P P P P P P P P P P P P P P P P P P P 4.3.5.B.6 Clothesline P P P P P P P P P P P P P P P P 4.3.5.B.7 Cluster Box Unit P P P P P P P P P P P P P P P P P P P P 4.3.5.B.8 Composting Facility, Small

P P P P P P P P P P P P P P P P P P P P

Drive-Through Service Facility

P P P P P P P P P 4.3.5.B.9

Electric Vehicle (EV) Charging Station, Level 1 or 2

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.10

Electric Vehicle (EV) Charging Station, Level 3

P P P P P P P P P 4.3.5.B.11

Family Child Care Home P P P P P P P P P P P P P P X 4.3.5.B.12

Fence or Wall P P P P P P P P P P P P P P P P P P P P Flagpole and Flag P P P P P P P P P P P P P P P P P P P P 4.3.5.B.13 Garage P P P P P P P P P P P P P P P P P P P 4.3.5.B.14 Gazebo P P P P P P P P P P P P P P P P P P P P Greenhouse P P P P P P P P P P P P P P P P P P P Heliport P P P P P P P 4.3.5.B.15 Home Occupation P P P P P P P P P P P P P P P P P 4.3.5.B.16 Limited Fuel/Oil/ Bottled Gas Distribution

P P P P P P P P P P 4.3.5.B.17

Outdoor Display of Merchandise P P P P P P P P P P P P 4.3.5.B.18

Outdoor Seating P P P P P P P P P P P P 4.3.5.B.19 Outdoor Storage (as an accessory use)

P P P P P P P P P P 4.3.5.B.20

Produce Stand P P P P P 4.3.5.B.21 Public Safety Training Structure

P P P P P P P P P P 4.3.5.B.22

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Article 4: Use Standards Section 4.3. Accessory Uses and Structures 4.3.5. Accessory Use-Specific Standards

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Table 4.3.4: Accessory Use/Structure Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

A = Allowed subject to a PD Plan/Agreement Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use Type

Base/Conditional Districts

MUP

D

Overlay Districts Use-

Specific Standard

PGO

VLDR

LDR

MDR

HDR

NAC

BAC

CAC

RAC

TOD

HCV

MS

TCC

TCR

RT

RNP

CC

OI

IM

AO-A

AO-B

FO

Rainwater Cistern P P P P P P P P P P P P P P P P P P P P 4.3.5.B.23 Recreation Facility, Residential Support

P P P P P P P P P P P P P P P P P P X 4.3.5.B.24

Satellite Dish P P P P P P P P P P P P P P P P P P P P 4.3.5.B.25 Small Wind Energy System

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.26

Solar Energy Collection System (as an accessory use)

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.27

Stables P P A Storage Shed P P P P P P P P P P P P P P P P P P P P Swimming Pool, Spa, or Hot Tub P P P P P P P P P P P P P P P P P P P 4.3.5.B.28

Television, Radio, or Wireless Cable Antenna

P P P P P P P P P P P P P P P P P P P P 4.3.5.B.29

Vehicle Fleet Storage P P P P P 4.3.5.B.30 (Ord. No. 2014-016, 06/24/2014; Ord. No. 2014-022, 06/24/2014; Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

4.3.5. Accessory Use-Specific Standards

A. General

Standards for a specific accessory use or structure shall apply to the particular individual accessory use or structure regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This section sets forth and consolidates the standards for all accessory uses and structures for which a reference to this section is provided in the “Use-Specific Standards” column of the accessory use/structure table in 4.3.4, Accessory Use/Structure Table, and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Ordinance.

B. Standards for Specific Accessory Uses and Structures

1. Accessory Apartment

An accessory apartment is allowed only as accessory to, and on the same lot as, a single-family detached dwelling unit (excluding bungalow courts and pocket neighborhoods where it is expressly prohibited), duplex dwelling unit, single-family attached dwelling unit, or a live/work dwelling, subject to the following standards:

a. There shall be no more than one accessory apartment on a lot.

b. An accessory apartment may be a detached structure (e.g., an apartment above a detached garage or a guesthouse).

c. An accessory apartment may be within the principal dwelling (e.g., a downstairs or upstairs apartment).

d. A manufactured home, recreational vehicle, or travel trailer shall not be used as an accessory apartment.

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B. Temporary Use/Structure Table

Table 4.4.4: Temporary Use/Structure Table P = Permitted as exempt from Site Plan Approval or with Minor Site Plan Approval by Town staff

S = Allowed as a Special Use A = Allowed subject to a PD Plan/Agreement

Blank Cell = Prohibited (except Overlay Districts) X = Prohibited (Overlay Districts only)

Use Type

Base/Conditional Districts

MUP

D

Overlay Districts

Use-Specific

Standard

PGO

VLDR

LDR

MDR

HDR

NAC

BAC

CAC

RAC

TOD

HCV

MS

TCC

TCR

RT

RNP

CC

OI

IM

AO-A

AO-B

FO

Farmers’ Market P P P P P P P A 4.4.5.B.1 Food Truck P P P P P P P P P P 4.4.5.B.2 Garage or Yard Sale

P P P P P P P P P P P P P P P P A 4.4.5.B.3

Mobile Auto Detailing

P P P P P P P P P P P P P P P P P P A

Mobile Classrooms S S S S S S S S S S S S S S S S S X 4.4.5.B.4 Outdoor Sales, Seasonal P P P P P P P P P P P P P P P P P A 4.4.5.B.5

Real Estate Sales Office, Temporary

P P P P P P P P P P P P P P P P P P A 4.4.5.B.6

Special Event P P P P P P P P P P P P P P P P P P P A 4.4.5.B.7 Stockpiling of Materials P P P P P P P P P P P P P P P P P P P A 4.4.5.B.8

Street Vendor P P P P P P P P P P P P P P A 4.4.5.B.9 Temporary Construction-Related Structure or Facility

P P P P P P P P P P P P P P P P P P P A 4.4.5.B.10

Temporary Family Health Care Structure P P P P P P P P P P X 4.4.5.B.11

Temporary Office Structure P P P P P P P P P P P A 4.4.5.B.12

Temporary Portable Storage Unit P P P P A 4.4.5.B.13

(Ord. No. 2015-002, 04/29/2015)

4.4.5. Temporary Use-Specific Standards

A. General

Standards for a specific temporary use of structure shall apply to the particular individual temporary use or structure regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This section sets forth and consolidates the standards for all temporary uses and structures for which a reference to this section is provided in the “Use-Specific Standards” column of Table 4.4.4, Temporary Use/Structure Table, and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Ordinance.

B. Standards for Specific Temporary Uses and Structures

1. Farmers’ Market (as a temporary use)

a. The market shall operate on a continuous basis for no more than five months per year on a single site.

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5.4.1. Purpose

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D. Subdivision Survey Accuracy

1. Angular error of closure shall not exceed 20 seconds times the square foot of the number of angles turned.

2. Linear error of closure shall not exceed one foot per 10,000 feet of perimeter of the lot of land (1:10,000), except for commercial and industrial subdivisions, where linear error closure shall not exceed one foot per fifteen thousand 15,000 feet of perimeter (1:15,000).

SECTION 5.4. TREE PROTECTION

5.4.1. Purpose

The purpose of this section is to establish minimum standards to ensure that development and land-disturbing activities do not result in the unnecessary removal or damage of tree canopy and mature trees that contribute to the character and quality of life in Morrisville by:

A. Preserving and enhancing the visual and aesthetic qualities of the Town;

B. Reducing glare, dust, heat, and noise;

C. Maintaining and enhancing property values;

D. Increasing slope stability and controlling erosion and sedimentation;

E. Reducing stormwater runoff into waterways and preserving and enhancing water quality;

F. Preserving and enhancing air quality;

G. Conserving wildlife habitat; and

H. Conserving energy by moderating temperatures and reducing heating and cooling demands.

5.4.2. Applicability

A. General

The standards in this section shall apply to all new development subject to Planned Development Rezoning (Section 2.5.3), Conceptual Master Plan Approval (Section 2.5.4), Special Use Permit (Section 2.5.5), Major Site Plan Approval (Section 2.5.7.B), or Minor Site Plan Approval (Section 2.5.7.C) <>, unless such new development is expressly exempted in accordance with subsection B below.

B. Exemptions

The following activities are exempt from the standards of this section:

1. The removal or replacement of trees associated with the development of a bungalow court, pocket neighborhood, single-family detached, duplex, or manufactured home dwelling, or a subdivision that creates lots for such dwellings;

2. The removal or replacement of trees associated with an existing single-family detached, duplex, or manufactured home dwelling;

3. The removal or replacement of trees associated with development in a Main Street or Transit-Oriented Development zoning district;

4. The removal of dead or naturally-fallen trees;

5. The removal of trees that pose an imminent threat of falling onto an existing structure, are so close to an existing structure as to endanger the stability of the structure, or otherwise create on-going safety problems for existing development;

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6. The removal of diseased trees posing a threat to adjacent trees;

7. The removal of invasive species of trees, provided the removal results in the complete removal of the trees (including roots);

8. The selective and limited removal of trees or vegetation necessary to obtain clear visibility within intersection sight distance areas;

9. The removal of trees that the Town Engineer determines to be a hazard to traffic or to interfere with the provision of utility lines or public services;

10. The removal of trees as necessary for rescue in an emergency or for clean-up following a natural disaster;

11. The removal of trees in Airport Overlay Districts that the Planning Director, after consultation with staff of the Raleigh-Durham Airport Authority, determines to be an obstruction to air navigation to and from the Raleigh-Durham International Airport;

12. The removal or replacement of trees outside of an approved tree protection area, when associated with an expansion of the building footprint or parking area of an existing nonresidential development by ten percent or less from that originally approved for the development; and

13. Tree removal associated with normal forestry activity that is conducted:

a. On land taxed on the basis of its present-use value as forestland pursuant to N.C.G.S. ch. 105, art. 12, subject to the limitations on subsequent development in subsection C below; or

b. In accordance with a forest management plan prepared or approved by a forester registered in accordance with N.C.G.S. ch. 89B, subject to the limitations on subsequent development in subsection C below, and provide to the Town of Morrisville prior to proceeding with the forestry activity.

(Ord. No. 2016-001, 05/10/2016)

C. Limitations on Development Proposals Subsequent to Exempt Forestry Activity

1. Clear-cutting of a site in a manner not consistent with the requirements of Section 5.4, Tree Protection is prohibited.

2. If one of the forestry exemptions in subsection B.13 above is used to remove all or some of the trees that would have been protected by this section, no application for Rezoning, with the exception of an application submitted by the Town (Section 2.5.3), Conceptual Master Plan (Section 2.5.4), Special Use Permit (Section 2.5.5), Type 1 Subdivision Preliminary Plat (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat (Section 2.5.6.B.2), Major Site Plan (Section 2.5.7.B), or Minor Site Plan (Section 2.5.7.C) <>, shall be accepted for development of the land for a period of three years after completion of the forestry activity. This provision shall not apply to rezoning applications submitted by the Town.

3. If one of the forestry exemptions in subsection B.13 above is not met, and some or all of the trees that would have been protected by this section are removed, no application for Rezoning, with the exception of an application submitted by the Town (Section 2.5.3), Conceptual Master Plan (Section 2.5.4), Special Use Permit (Section 2.5.5), Type 1 Subdivision Preliminary Plat (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat (Section 2.5.6.B.2), Major Site Plan (Section 2.5.7.B), or Minor Site Plan (Section 2.5.7.C) <>, shall be accepted for development of the land for a period of five years after completion of the forestry activity or site clearing and grading. This provision shall not apply to rezoning applications submitted by the Town.

4. In the event an application is submitted for exempted development but then converted to a different kind of development subject to the standards in Section 5.4, Tree Protection, approval of the converted application shall be delayed for a period of five years after the completion of forestry activity or site clearing and grading.

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5.4.8. Credit Towards Other Standards

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3. The amount of the in-lieu payment shall be determined from per caliper inch replacement tree fee in the Town’s fee schedule.

4. The developer shall make the in-lieu payment before recordation of any subdivision plat for the development or issuance of any Building Permit for the development (if no subdivision approval is required)—provided, however, that the payment may be phased in accordance with an approved phasing plan for the development.

5. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for purchasing, installing, replacing, and/or maintaining trees in public parks, greenways, or other land owned or leased by the Town.

(Ord. No. 2016-001, 05/10/2016)

5.4.8. Credit Towards Other Standards

Tree protection areas, and trees and other vegetation within such areas, may be credited towards compliance with riparian buffer, common open space, public recreation area, perimeter and streetyard buffer, and landscaping requirements to the extent they comply with the standards in Section 5.12.3.A, New Planting Standards, or other applicable landscaping standards (see Section 5.12, Landscaping).

(Ord. No. 2014-051, 11/10/2014)

SECTION 5.5. COMMON OPEN SPACE AND PUBLIC RECREATION AREA

5.5.1. Common Open Space

A. Purpose

The purpose of this section is to ensure that developments other than residential subdivisions include or contribute to the provision of common open space for the use and enjoyment of the development’s occupants and users. Open space serves numerous purposes, including preservation and protection of natural areas and features, providing opportunities for passive and active recreation, enhancing management of stormwater runoff to protect water quality and reduce flooding, and mitigating the heat island effect of developed areas.

B. Applicability

1. General

The standards in this section, unless expressly exempted in accordance with subsection 2 below, shall apply to all new development subject to:

a. Planned Development Rezoning (Section 2.5.3);

b. Conceptual Master Plan Approval (Section 2.5.4);

c. Special Use Permit (Section 2.5.5);

d. Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1);

e. Type 2 Subdivision Preliminary Approval (Section 2.5.6.B.2);

f. Major Site Plan Approval (Section 2.5.7.B); or

g.f. Minor Site Plan Approval <>.(Section 2.5.7.C).

2. Exemptions

The following development is exempt from the standards of this section:

a. Development directly associated with a permitted agricultural use;

b. Public Park or Recreational Facility;

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prohibit any inconsistent future development. Any options involving private ownership of required common open space area shall include association by-laws, deed restrictions, covenants, or other legal instruments that ensure continued use of the land for its intended open space purposes and provide for the continued and effective management, operation, and maintenance of the land and facilities. Such instruments shall be approved by the Town as sufficient to comply with this standard before or conjunction with approval of any Subdivision Approval for the development, or any Construction Plan Approval for the development (if no Subdivision Approval is required).

3. Responsibility for managing and maintaining common open space areas lies with the owner of the land comprising the areas. Failure to maintain common open space areas in accordance with the approved development shall be a violation of this Ordinance. Identification of who bears responsibility for managing and maintaining common open space areas shall be shown on any recorded subdivision plat for the development or any approved Construction Plan for the development (if no Subdivision Approval is required).

(Ord. No. 2015-066, 07/28/2015)

5.5.2. Public Recreation Area

A. Purpose

The purpose of this section is to ensure that new dwelling units include or contribute to the provision of a public recreation area sufficient to meet the passive and active recreation needs of residents of the new development, as well of the surrounding neighborhood.

B. Applicability

1. Type 1 and Type 2 Subdivisions

The standards in Sections 5.5.2.C through 5.5.2.F shall apply to all new:

(1) Type 1 Subdivision Preliminary Plat Approvals; or

(2) Type 2 Subdivision Preliminary Plat Approvals.

2. Major and Minor Site Plan Approval for Multifamily Dwellings

Any multifamily dwelling development or mixed-use development not subject to Section 5.5.2.B.1, shall provide a flat fee per unit as set forth in Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area. In instances where the Town Council determines that a combination of partial payment of in lieu funds and partial dedication of public recreation area is in the best interest of the Town, the standards in Sections 5.5.2.C through 5.5.2.F shall also apply.

(Ord. No. 2016-001, 05/10/2016)

C. Required Public Recreation Area

1. Type 1 and Type 2 Subdivisions

Any subdivisions proposing to create lots designed and intended to serve as building sites for bungalow court, pocket neighborhood, single-family detached, duplex, manufactured home, single-family attached, multifamily, live/work, congregate living facility, and continuing care retirement facility shall dedicate a portion of the subdivision site as public recreation area. The amount of land required to be dedicated shall equal 1/35 of an acre multiplied by the number of dwelling units proposed to be accommodated by subdivision lots (for subdivisions creating lots for bungalow court, pocket neighborhood, single-family detached, manufactured home, or single-family attached dwellings, this will equal the number of such lots; for subdivisions creating lots for duplex dwellings, this will equal twice the number of lots; for subdivisions creating lots for multifamily dwellings, live/work, congregate living, and continuing care retirement facilities this will equal the number of dwelling units).

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5.5.2. Public Recreation Area

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2. Major and Minor Site Plan Approval for Multifamily Dwellings

In instances where the Town Council authorizes partial payment of in lieu funds and partial dedication of public recreation area for any multifamily dwelling development or mixed-use not subject to subdivision regulations, the amount of land required to be dedicated shall equal 1/35 acre multiplied by the number of multifamily dwelling units proposed for land dedication multiplied by the current multifamily factor (e.g. 1/35 * the number of dwelling units * .80). A flat fee per unit shall be paid for any dwelling unit not proposed for land dedication.

(Ord. No. 2016-001, 05/10/2016)

D. Design Standards for Required Public Recreation Area

Areas used as a required public recreation area shall meet the following design standards:

1. Required public recreation area shall be compact and contiguous, forming a single area, unless multiple public recreation areas or a different configuration is needed to continue an existing trail or accommodate preservation of natural features.

2. The size and shape of required public recreation area shall be sufficient to accommodate active recreation activities appropriate to the recreational needs of subdivision residents (e.g., public recreation area should be sufficiently large and rectangular to accommodate soccer or softball fields, tennis courts, swimming pools, etc.).

3. Required public recreation area shall be located to be readily accessible and useable by occupants and users of the development.

4. Required public recreation area shall have at least 50 feet of frontage on a public street or a public access easement at least 30 feet wide.

5. No land dedicated as active public recreation area shall be located on slopes exceeding five percent.

6. No more than 25 percent of land dedicated as active public recreation area shall be located within a Floodplain Overlay District.

7. If the development site is adjacent to existing or planned parks, greenways, or other public open space, required public recreation area shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the park, greenway, or other public open space.

E. Dedicated Recreation Area to be Shown on Recorded Plat

Dedicated recreation area shall be shown on the recorded Final Plat prior issuance of any Building Permit for the development.

F. Conveyance of Dedicated Recreation Area

Required public recreation area shall be dedicated to the public and conveyed to the Town or other public agency that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended open space purposes. The Town may sell or otherwise convey any public recreation area conveyed to the Town if the Town Council determines that development of the land for park and recreation purposes is no longer feasible or consistent with the Comprehensive Plan. Any proceeds from such transactions shall be deposited into the Town fund referenced in Section 5.5.3.C.2.b below.

(Ord. No. 2015-066, 07/28/2015)

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5.5.3. Alternative Options for Meeting Common Open Space and Public Recreation Area Requirements

A. Review Authority

Decisions on whether or not to approve or deny requests in Section 5.5.3.B, Off-Site Provision and Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area, are made by the following review authorities:

1. Town Council

The Town Council decides whether or not to approve or deny requests for Type 1 Subdivision Preliminary Plat Approval, Major Site Plan Approval, or Minor Site Plan Approval for multifamily dwelling developments requesting partial dedication of public recreation area .

2. Planning Director

The Planning Director decides whether or not to approve or deny requests for Type 2 Subdivision Preliminary Plat Approval, or Minor Site Plan Approval.

(Ord. No. 2016-001, 05/10/2016)

B. Off-Site Provision

1. In lieu of providing required common open space area or public recreation area on a development site in accordance with Section 5.5.1 or Section 5.5.2, the developer may, with the approval of the Town provide all or some of required common open space or public recreation area on land outside the development site.

2. Where off-site provision of required common open space or public recreation area is proposed, the application shall include a map showing the location, boundaries, and topography of the site, as well as any additional information deemed necessary by the Town to ascertain the site’s suitability as common open space or public recreation area, as appropriate.

3. Any approved off-site common open space or public recreation area shall be identified on a plat. The plat shall be recorded with the Register of Deeds for the county in which the dedicated land is located. Ownership, management, and maintenance of common open space shall be in accordance with Section 5.5.1.F, and the conveyance of dedicated recreation area shall be in accordance with Section 5.5.2.F.

4. The Town’s decision on whether to approve off-site provision of required common open space or public recreation area shall be based on the following:

a. Whether the proposed off-site common open space or public recreation area would meet the design standards for required common open space (Section 5.5.1.D) or public recreation area (Section 5.5.2.C.2), as appropriate;

b. Whether the proposed off-site common open space or public recreation area is located sufficiently close to the development site to meet the open space or recreation needs, as appropriate, of the occupants and users of the development;

c. Whether the proposed off-site common open space or public recreation area would contribute more to meeting the open space or recreation needs, as appropriate, of the occupants and users of the development than on-site provision of the common open space or public recreation area or the Town’s use of in-lieu payments to acquire and develop parks, greenways, and other open space areas in the vicinity of the development; and

d. Whether the proposed public recreation area is consistent with the Comprehensive Plan.

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C. Payment in Lieu of Providing Required Public Recreation Area

In lieu of providing all or a portion of the required public recreation area on a development site in accordance with Section 5.5.2, the developer may, with Town approval, make a payment to the Town.

1. Payment in Lieu Amount

a. Type 1 and Type 2 Subdivisions

(1) The amount of the in lieu payment shall be the product of the number of acres of required public recreation area that is proposed and approved for the in lieu payment option multiplied by the pre-development fair market value per acre of land making up the development site. The development application shall include an appraisal or other documentation acceptable to the Town showing the development site’s predevelopment fair market value.

(2) If the Town disagrees with the pre-development fair market value submitted by the applicant, such value shall be determined by a professional appraiser appointed by the Town Manager. The cost of the appraisal shall be borne by the applicant.

b. Major and Minor Site Plan Approval for Multifamily Dwellings

The amount of the payment for any multifamily dwelling development or mixed-use development that includes multifamily dwelling units that is not subject to Section 5.5.2.B.1, Type 1 and Type 2 Subdivisions Type 1 and Type 2 Subdivisions , shall be a flat fee per unit as established in the current Town of Morrisville Planning Department Fee Schedule.

2. Timing of Payment in Lieu

a. The developer shall make the in-lieu payment before recordation of any subdivision plat for the development or issuance of any Building Permit for the development (if no Subdivision Approval is required)—provided, however, that the payments may be phased in accordance with an approved phasing plan for the development.

b. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for the acquisition or development of parks, greenways, and other open space areas that will serve occupants and users of the development. Such areas may also serve other developments in the immediate area.

3. Payment in Lieu Review Standards

The decision on whether to approve a payment in lieu of providing required public recreation area shall be based on the following criteria:

a. Whether the on-site provision, or any proposed off-site provision, of required public recreation area could be used to establish, expand, or extend an existing or planned public park, greenway, or other open space area identified in parks and recreation plans or other plans adopted by the Town;

b. The extent to which the size, shape, topography, geology, soils, and public accessibility of the development site makes it impractical to provide required public recreation area that complies with Section 5.5.2.D, Design Standards for Required Public Recreation Area.

c. Whether the in-lieu payment option provides the additional design flexibility needed to accommodate allowable higher-intensity development in the Transit-Oriented Development (TOD) District, or allowable higher-intensity development on substantially constrained sites elsewhere in the town; and

d. Whether the Town’s use of an in-lieu payment to help acquire and develop parks, greenways, and other open space areas would better meet the open space and recreational needs of occupants and users of the development than on-site provision, or any proposed off-site provision, of the required public recreation area.

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shall dedicate right-of-way that meets the right-of-way width standards for the street. If a transportation impact analysis shows that the development itself is expected to generate sufficient traffic to warrant design of the street as a major or minor thoroughfare (see Section 5.8.6.B, Transportation Impact Analysis), the developer shall be responsible for constructing the street (including any bikeway, sidewalk, and other associated access and circulation improvements) in accordance with this section’s standards for a major or minor thoroughfare, as appropriate; otherwise, the developer shall be responsible for constructing the street (including any bikeway, sidewalk, and other associated access and circulation improvements) to meet at least those standards required by this section for a collector street.

B. Off-Site

Unless otherwise authorized in Section 8.1.3, a development site that fronts on or obtains vehicular access from an existing street shall dedicate additional right-of-way along the street frontage or in the vicinity of the development and install roadway, bikeway, sidewalk, and other access and circulation improvements within the street right-of-way that are reasonably necessary to ensure the safe, convenient, efficient, and orderly accommodation of vehicular and pedestrian traffic demands and impacts generated by the proposed development. Such improvements may include, but are not limited to, turn lanes, deceleration and acceleration lanes, widening or paving of substandard roadways, medians, bikeways, sidewalks, sidewalk ramps and crossings, street lights, bus shelters, relocation of existing driveways, and the relocation or improvement of utility lines and facilities needed to accommodate street improvements. The extent of required dedications and improvements related to the abutting street shall be roughly proportional to the traffic demands and impacts generated to and along that street by the proposed development.

(Ord. No. 2019-106, 08/27/2019)

5.8.6. Vehicular Access and Circulation

A. Circulation Plan

1. Applications for Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat Approval (Section 2.5.6.B), Major Site Plan Approval (Section 2.5.6.B.2), or Minor Site Plan Approval <> (Section 2.5.7.C) shall include a circulation plan that addresses street connectivity, emergency and service vehicle access, parking movements, accommodation of loading operations, turning radii, traffic calming measures where future “cut-through” traffic is likely, and similar issues.

2. The Planning Director may waive the requirement for a circulation plan on determining that a proposed development is expected to have no impact on circulation or proposes no change in existing circulation patterns. This provision shall not be construed to exempt development that includes additional parking, driveways, or substantial modifications to the existing pedestrian network.

B. Transportation Impact Analysis

1. Purpose

The Transportation Impact Analysis (TIA) is a part of the overall development review process conducted by the Town of Morrisville to safeguard the safety, health, and well-being of its citizens. The TIA is intended to:

a. Assess the impact of a proposed development on the roadway capacity, public transportation, bicycle, and pedestrian transportation systems;

b. Help mitigate potential effects of a proposed development on the transportation system; and

c. Identify solutions to potential problems and recommend improvements to be incorporated as required conditions to a proposed development.

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5.8.6. Vehicular Access and Circulation

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(B) A figure showing the roadway lane configurations for existing and proposed improvements, including accompanying identification of the parties responsible for the improvements.

(2) Recommendations

(A) The recommendations portion of the analysis shall include the following:

(i) For signalized intersections, a list of specific recommended improvements to achieve the minimum LOS D for each movement and approach. If the future background LOS falls below this threshold, the recommended improvements shall at a minimum maintain the future year background LOS and delay;

(ii) For unsignalized intersections, a list of specific recommended improvements to achieve the minimum LOS D for each movement. If the future year background LOS falls below this threshold, the recommended improvements shall at a minimum maintain the future year background LOS and delay;

(iii) For both signalized and unsignalized intersections, if a single vehicle would cause a reduction in the LOS and/or delay, then the applicant may request that this impact not be counted in the TIA; and

(iv) Any improvements identified in the No Build analysis that are not a funded Town, State, or federal capital improvement project.

(B) All recommendations shall be:

(i) Consistent with adopted plans; and

(ii) Supported by the data provided in the analysis.

k. Appendices

A separate appendix for each of the following shall be included in this section.

(1) Traffic count data;

(2) Trip generation calculations;

(3) Intersection capacity analysis, including the associated Synchro output;

(4) Any other additional documents or analyses required per the MOU;

(5) A bicycle and pedestrian network plan, if the proposed development application is for Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plan Approval (Section 2.5.6.B.2), or Major Site Plan Approval (Section 2.5.7.B) <>;

(6) Signal plans, including timing plans;

(7) A figure showing the approved development trips; and

(8) Any future volume calculations.

5. Incorporation of Recommended Improvements into Proposed Development or Decision

The applicant is expected to incorporate improvements recommended by the transportation impact analysis into the proposed development to the extent they are required by Section 5.8.5, Developer Responsibility for Access and Circulation Improvements. The entity deciding the application shall consider the transportation impact analysis as part of the review of the application, and may incorporate such recommended improvements in its decision—e.g., as conditions of approval requiring provision of the recommended improvements or requiring modification of the development’s uses or intensity, or as a basis for denial of the application.

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5.8.6. Vehicular Access and Circulation

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fraction thereof, expected to be generated by the proposed development or by the maximum allowable development of the adjoining property;

(2) Convenient and efficient access by vehicles needed to provide police, fire, and emergency services; and

(3) Convenient and efficient access by vehicles needed to provide other public services.

c. Roadway extensions and connections to adjoining properties shall be spaced at intervals along each principal boundary direction (north, south, east, west) that do not exceed the maximum block length established in Section 5.3.1, Blocks.

d. An extension or connection of a public street roadway and right-of-way to an adjoining property shall also include the extension or connection of associated bikeways or sidewalks.

e. The Planning Director may require the provision of a temporary turnaround at the end of a roadway extension on determining that the turnaround is needed to facilitate traffic flow or accommodate emergency vehicles pending the roadway’s connection to other roadways.

f. The Planning Director may waive or modify the requirements or standards for extension or connection of a public roadway from or to adjoining property on determining that such extension is impractical or undesirable because it would:

(1) Require crossing a significant physical barrier or environmentally sensitive area (e.g., railroads, watercourses, floodplains, wetlands, steep slopes);

(2) Require the extension or connection of a proposed internal public street to an adjoining property with existing development whose design makes it unlikely that the street will ever be part of a network of public streets (e.g., the adjoining existing development has no public streets, or there are no ‘stubbed-out” street rights of way or open corridors between the proposed development site and public streets in the adjoining development to accommodate a current or future extension or connection);

(3) Require the extension or connection of a proposed internal public street to an adjoining property owned by a government or public utility to which vehicular access is restricted, or other property to which vehicular access is restricted by a conservation easement; or

(4) Require the extension or connection of a proposed internal public street to an adjoining property that is developed or zoned for a use whose level and type of generated traffic would be incompatible with the proposed development—provided, however, that residential, institutional, and commercial uses shall generally be deemed compatible.

g. Where a roadway is extended to, but not yet onto, adjoining land, a sign shall be installed at the terminus of the roadway that informs neighboring property owners that the roadway is intended to be extended in the future (e.g., “STREET MAY BE EXTENDED BY AUTHORITY OF THE TOWN OF MORRISVILLE”). Notation of that intent shall also be included on the Final Plat for Type 1 or Type 2 Subdivisions and record plat for Type Subdivisions (see Section 2.5.6), Major Site Plan or Minor Site Plan (see Section 2.5.7), and Construction Plan (see Section 2.5.8), as appropriate.

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5.11.3. Utility Easements

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and/or water system. Public sewer and/or water lines and facilities shall be constructed to the standards, sizes, and specifications of the Town of Cary, and dedicated to the Town of Cary for operation and maintenance.

2. If sufficient sewer and/or water capacity for the proposed development is not available, then the developer may request Town approval of plans for the construction of alternative public sewer and/or water systems. Sewer and/or water lines for an alternative community sewer or water system shall be built to the standards, sizes, and specifications of the Town of Cary.

B. Oversized sewer and/or water improvements shall be provided where required by the Town of Cary in accordance with its policies and regulations.

C. The developer shall pay all water and sewer development fees to the Town of Cary before plat recordation or issuance of a Building Permit, whichever occurs first.

D. For any development applications located outside of the Morrisville-Durham Water and Sewer Service Areas and Annexation Boundaries Agreement Area, upon Rezoning Approval (Section 2.5.3), Conceptual Master Plan Approval (Section 2.5.4), Special Use Permit (Section 2.5.5), Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat Approval (Section 2.5.6.B.2), Major Site Plan Approval (Section 2.5.7.B), Minor or Site Plan Approval <> (Section 2.5.7.C) for a development located outside the corporate limits of the Town, the property owner of the development site shall submit a petition for voluntary annexation of an area that includes the development site before submitting any further applications for development of the site. For any development applications located in the Morrisville-Durham Water and Sewer Service Areas and Annexation Boundaries Agreement Area, the property owner shall submit a petition for voluntary annexation of an area that includes the development site with the initial development application.

(Ord. No. 2014-051, 11/10/2014; Ord. No. 2016-001, 05/10/2016)

5.11.3. Utility Easements

A. Developments shall provide utility easements to the appropriate utility service provider as necessary to accommodate the installation and maintenance of utility lines and facilities that are not proposed within street rights-of-way or access easements. The width and location of easements shall be as required by the utility service provider, but generally shall be at least 20 feet wide and centered along or adjacent to lot lines to the greatest extent practicable.

B. Development within utility easements shall comply with the standards and restrictions of the appropriate utility service provider(s).

5.11.4. Solid Waste Removal

A. Purpose

The purpose of this section is to minimize the impact that noise associated with the removal of solid waste may have on adjacent residential development.

B. Hours of Collection

Solid waste shall not be collected from exterior commercial containers located within a residential development or within 500 feet of a residential dwelling between the hours of 9:00 PM and 7:00 AM. Notice of this limitation shall be posted on the gate screening the container.

SECTION 5.12. LANDSCAPING

5.12.1. Purpose

It is the purpose of this section to establish minimum standards for the development, installation, and maintenance of landscaping that protects and enhances property values, the environment, and aesthetic

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2. Expansion

Except as otherwise provided in subsection 3 below, if an existing structure or use is expanded or enlarged (in terms of the number of dwelling units, floor area, number of employees, seating capacity, or other size unit), additional landscaping shall be provided in accordance with the requirements of this section to serve the expanded or enlarged part of the structure or use.

3. Upgrading of Landscaping Nonconformities

Where existing development is nonconforming in terms of compliance with this section’s standards for off-street parking and loading, such development is subject to the limitations and upgrading requirements in Section 9.7, Nonconforming Site Features.

C. Landscape Plan Required

A landscape plan shall be included as part of any application for Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat Approval (Section 2.5.6.B.2), Major Site Plan Approval (Section 2.5.7.B), or Minor Site Plan Approval <> (Section 2.5.7.C) or Construction Plan Approval (Section 2.5.8) for development subject to the standards in this section. Landscape plans shall be prepared in accordance with the requirements of the Administrative Manual.

(Ord. No. 2016-001, 05/10/2016)

D. Allowed Deviation of Standards

Deviations from the landscaping standards in this section may be authorized in Section 2.5.19, Administrative Adjustment, Section 2.5.20, Alternative Equivalent Compliance, or Section 5.12.6, Alternative Landscape Plan.

(Ord. No. 2014-051, 11/10/2014)

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Article 5: Development Standards Section 5.15. Exterior Lighting

5.14.9. Security Plan Fences and Walls

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c. Fencing shall be divided by individual four-sided masonry columns spaced no more than 50 feet on center. Each column shall have a cross-section of at least two feet by two feet, project at least one foot from the wall of fence plane towards the adjacent street, be topped with a cap detail for visual interest, and be constructed of the same masonry material on all four sides.

3. All Other Fences and Walls

a. Walls shall be constructed of a masonry material that is consistent with that of the principal building on the lot.

b. Fences made of chain link, wire mesh, or other similar materials are prohibited.

c. Walls and fences shall be divided by individual four-sided masonry columns spaced no more than 50 feet on center. Each column shall have a cross-section of at least two feet by two feet, project at least one foot from the wall of fence plane towards the adjacent street, be topped with a cap detail for visual interest, and be constructed of the same masonry material on all four sides.

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

5.14.9. Security Plan Fences and Walls

In the Industrial Management (IM) District or for legal nonconforming industrial uses in other zoning districts with outdoor storage, an owner or tenant of property, or a representative of a public agency responsible for a public facility, may submit to the Planning Director a site security plan proposing fences or walls taller than those permitted by this section, or the use of barbed or concertina wire atop a fence or wall. The Planning Director shall approve, or approve with conditions, the site security plan and its proposed exemption of fences or walls from the standards of this subsection, on finding that:

A. The condition, location, or use of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land; and

B. The proposed taller fences or walls, or use of barbed or concertina wire, will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent lands or the surrounding area as a whole.

(Ord. No. 2016-001, 05/10/2016)

SECTION 5.15. EXTERIOR LIGHTING

5.15.1. Purpose

This section is intended to regulate exterior lighting to:

A. Permit the use of exterior lighting at the minimum levels necessary for nighttime safety, utility, security, productivity, enjoyment, and commerce;

B. Ensure exterior lighting does not adversely impact land uses on adjacent lands by minimizing light trespass, obtrusive light, and glare;

C. Ensure the safety of motorists by minimizing light spillage and glare onto adjacent streets;

D. Curtail light pollution, reduce skyglow, and preserve the nighttime environment for the enjoyment of residents and visitors;

E. Conserve energy and resources to the greatest extent possible; and

F. Ensure security for persons and properties.

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5.16.4. Standards for Specific Sign Types

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B. Signs in Rights-of-Way

1. No sign or sign-related structure shall be erected, constructed, or maintained in any State-maintained right-of-way except in accordance with N.C.G.S. 136-32.

2. No sign or sign-related structure regulated under this ordinance shall be erected, constructed, or maintained in any Town-maintained right-of-way, except for the following:

a. Political signs in accordance with Section 5.16.2.C.12;

b. Off-site directional signs in accordance with Section 5.16.6.A.4, Off-Site Temporary Directional Signs;

c. Light pole banner signs in accordance with 5.16.6.A.4, Light Pole Banner Signs;

d. Temporary directional signs to residential developments in accordance with Section 5.16.6.B, Special Standards for Temporary Directional Signs to Residential Developments; and

e. Ground signs located within a median of a divided road with approval from the Morrisville Board of AdjustmentPlanning and Zoning Board, provided the maximum height of such signs is 42 inches.

C. Obstruction of Sight Distance

Signs shall not be located in and/or obstruct any driveway, road, or alley sight distance triangle.

5.16.4. Standards for Specific Sign Types

All signs except special purpose signs (see Section 5.16.5) and temporary signs (see Section 5.16.6) shall comply with the standards in Table 5.16.4, Standards for Specific Sign Types, applicable to the type of sign, based on the zoning district in which the sign is located and/or the use classification or type of the principal use that the sign is identifying.

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Article 6: Riparian Buffers Section 6.5. Riparian Buffer Development Review

6.5.1. Applicability

Morrisville, NC <> Unified Development Ordinance Page 6-5

2. If determining the origin of a stream, the determination shall use the latest version of the North Carolina Division of Water Resources’ Identification Methods for the Origins of Intermittent and Perennial Streams.

B. Any disputes over on-site determinations shall be referred in writing to the Director of the North Carolina Division of Water Resources and is subject to review as provided in Articles 3 and 4 of N.C.G.S 150B.

SECTION 6.5. RIPARIAN BUFFER DEVELOPMENT REVIEW

6.5.1. Applicability

A. Except as exempted in Section 6.2.2.B, Exemptions, Riparian Buffer Development Review is required before any development, or any other activity listed in Table 6.8, Uses and Activities Permitted in Riparian Buffers, may be conducted within a riparian buffer.

B. An application for Riparian Buffer Development Review may be submitted and reviewed concurrently with applications for Conceptual Master Plan Approval, Site Plan Approval, Construction Plan Approval, Floodplain Development Permit, Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance.

6.5.2. Riparian Buffer Development Review Procedure

Figure 6.5 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Riparian Buffer Development Review application and note any specific variations of, or additions to, those review steps.

A. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

B. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that if the application proposes development or activity that is allowable only with mitigation, the application shall include a mitigation strategy.

C. Staff Review and Decision

The Town Engineer shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4, subject to the following provisions:

1. The decision shall be one of the following:

a. Determine that the proposed development or activity is permitted without an Authorization Certificate (“Exempt”);

b. Approve the proposed development or activity as allowable, as submitted;

c. Approve the proposed development or activity as allowable, subject to conditions;

d. Approve the proposed development or activity as allowable with mitigation, as submitted;

e. Approve the proposed development or activity as allowable with mitigation, subject to conditions; or

Riparian Buffer Development Review

Town Council Review and Decision

Scheduling and Notice of Meeting

Staff Review and Town Engineer Decision

Application Submittal and Acceptance

Pre-Application Conference

Step is Applicable

Step is Not Applicable

Planning and Zoning Board Review and Recommendation

Figure 6.5.2

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6.6.1. Applicability

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E. Plats

Parcels that include riparian buffers must show the buffer areas, with both zones labeled and dimensioned, on the recorded plats.

(Ord. No. 2016-054, 11/22/2016)

SECTION 6.6. VARIANCES FROM RIPARIAN BUFFER REGULATIONS

6.6.1. Applicability

A. General

The procedure and standards in this subsection apply to the review of applications for a Riparian Buffer Variance seeking hardship relief from the standards of this article.

B. Minor Variances and Major Variances Distinguished

1. Minor Variance

A Minor Variance is a variance pertaining to activities that will impact only Zone Two of the riparian buffer.

2. Major Variance

A Major Variance is a variance pertaining to activities that will impact any portion of Zone One of the riparian buffer (irrespective of whether it also impacts Zone Two).

6.6.2. Riparian Buffer Variance Procedure

Figure 6.6.2 and theThe following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Riparian Buffer Variance application and note any specific variations of, or additions to, those review steps.

A. Pre-Application Conference

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2.

B. Application Submittal and Acceptance

The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3.

C. Staff Review and Report

The Town Engineer shall review the application, allow revisions of the application, and prepare a staff report in accordance with Section 2.4.4, except that the staff report shall summarize the variance request based on submitted evidence—but need not include a recommendation for action.

D. Scheduling and Public Notice of Meetings

The application shall be scheduled, and required public notices provided, for a Planning and Zoning Board Board of Adjustment meeting in accordance with Section 2.4.5.

E. Planning and Zoning Board Board of Adjustment Review and Decision

The Planning and Zoning Board Board of Adjustment shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with Section 2.4.7, subject to the following provisions.

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6.6.2. Riparian Buffer Variance Procedure

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1. If the Riparian Buffer Variance application requests a Minor Variance, the decision shall be one of the following:

a. Approve the application as submitted;

b. Approve the application subject to conditions;

c. Deny the application.

2. If the Riparian Buffer Variance application requests a Major Variance, the decision shall be a preliminary determination of compliance with the review standards in Section 6.6.3, Riparian Buffer Variance Review Standards, which shall be submitted to the North Carolina Environmental Management Commission to approve, approve with conditions, or deny.

3. Approval of an application for a Minor Variance shall require the affirmative vote of at least 4/5 of all the members of the board. (In such cases, vacant positions and members who are excused from voting shall not be considered members of the board.)

F. Post-Decision Actions

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

1. Appeal of Decisions on Minor Variance Applications

If the decision was approval or denial of an application for a Minor Variance, the decision may be appealed to the Planning and Zoning Board Board of Adjustment under NCGS 160A-388 or NCGS 153A-345.

2. Appeal of Decisions on Major Variance Applications

Appeals from a Commission decision on a major variance request are made on judicial review to Superior Court.

a. Upon the Commission's approval, the Division or the delegated local authority shall issue a final decision granting the major variance.

b. Upon the Commission's approval with conditions or stipulations, the Division or the delegated local authority shall issue a final decision, which includes these conditions or stipulations.

c. Upon the Commission's denial, the Division or the delegated local authority shall issue a final decision denying the major variance.

(Ord. No. 2016-054, 11/22/2016)

3. Submittal of Preliminary Determination on Major Variance Applications to State

a. If the decision was a preliminary determination on an application for a Major Variance, the Town Engineer shall submit the preliminary determination to the North Carolina Environmental Management Commission for approval in accordance with applicable State regulations.

b. After the North Carolina Environmental Management Commission approves the Major Variance or approves it with conditions or stipulations added, then the Commission shall submit a copy of its decision to the Town Engineer, who shall file it in the Planning Department.

Riparian BufferVariance

Board of Adjustment Review, Quasi-Judicial

Public Hearing, and Decision (Minor Variance)

or Preliminary Determination (Major

Variance)

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

Figure 6.6.2

Submittal of Preliminary Determination to NC

Environmental Management Commission for Review and Decision

(Major Variance)

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6.6.3. Riparian Buffer Variance Review Standards

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4. Issuance and Recordation of Variance

If a Riparian Buffer Variance application is approved, the Town Engineer shall issue the applicant documentation of the approval that identifies the property to which it applies, the development plans on which it is based, and any conditions of approval. The documentation shall also include notice of the Town’s right to inspect riparian buffers to ensure compliance with this article. On expiration of the deadline for filing an appeal of the decision (see Section 2.4.8.B), the applicant shall record such documentation with the Register of Deeds of the county in which the subject property is located.

5. Effect of Approval

a. Approval and recordation of a Riparian Buffer Variance authorizes only the particular regulatory relief approved as part of the Variance, as applied only to the land for which the Variance is approved, and only in accordance with any approved plans and documents, and conditions of approval. It does not exempt the applicant from the responsibility to obtain all other development permits required by this Ordinance and any other applicable laws, and does not indicate that the development for which the Variance is granted should receive approval of other applications for a development permit required under this Ordinance unless the relevant and applicable portions of this Ordinance or any other applicable laws are met.

b. Unless it expires in accordance with Section 6 below, an approved and recorded Riparian Buffer Variance—including any approved plans, documents, and conditions of approval—shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership. All decisions, determinations, and interpretation by Town staff shall be consistent with an approved and recorded Variance.

6. Expiration of Approval

A Riparian Buffer Variance shall expire and become invalid if the property owner changes development on the site such that the extraordinary and exceptional conditions that warranted the hardship and Variance no longer do so.

6.6.3. Riparian Buffer Variance Review Standards

A. Riparian Buffer Variance Review Standards

The Planning and Zoning Board Board of Adjustment shall approve an application for a Minor Riparian Buffer Variance or make a preliminary determination in favor of an application for a Major Riparian Buffer Variance only if it reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing:

1. There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure for which the Variance is sought, that do not generally apply to other lands or structures in the vicinity;

2. The extraordinary and exceptional conditions referred to above are not the result of the actions of the landowner;

3. The applicant did not purchase the property subject to the Variance application after January 22, 1997, if the property is located in the Neuse River Basin, or after April 26, 2011, if the property is located in the Jordan Lake watershed;

4. Because of the extraordinary and exceptional conditions referred to above, the application of this article to the land or structure for which the Variance is sought would effectively prohibit or unreasonably restrict the utilization of the land or structure and result in unnecessary and undue hardship;

5. The Variance would not confer any special privilege on the landowner that is denied to other lands or structures that are similarly situated;

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Article 7: Stormwater Management Section 7.2. Administration and Procedures

7.2.4. Approvals

Morrisville, NC <> Unified Development Ordinance Page 7-8

enforcement of erosion and sedimentation control plans. Prior to land disturbing activities, a Sedimentation & Erosion Control Plan Approval and a Grading Permit shall be obtained directly from Wake County. Sedimentation & Erosion Control Plans shall be prepared in accordance with Article 10 – Erosion and Sedimentation Control of the Wake County Unified Development Ordinance, and as subsequently amended.

D. As-Built Plans and Final Approval

1. Upon completion of a project, and before a Certificate of Compliance/Occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual “as built” plans for all stormwater management facilities or practices after final construction is completed.

2. The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this article. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities.

E. Other Permits

No Certificate of Compliance/Occupancy shall be issued by the Town Inspections Department without final as-built plans and a final inspection and approval by the Stormwater Administrator, except where multiple units are served by the stormwater practice or facilities, in which case the Inspections Department may elect to withhold a percentage of permits or Certificates of Compliance/Occupancy until as-built plans are submitted and final inspection and approval has occurred.

(Ord. No. 2016-004, 04/01/2016)

7.2.4. Approvals

A. Effect of Approval

Approval of a Stormwater Management Permit authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, State, and federal authorities.

B. Time Limit/Expiration

1. An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.

2. In granting an extension, the Stormwater Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant’s vested rights.

7.2.5. Stormwater Variances

A. Any person may petition the Town for a variance granting permission to use the person's land in a manner otherwise prohibited by this article. For all proposed major and minor variances from the requirements of this article, the Planning and Zoning Board Board of Adjustments shall make findings of fact showing that:

1. There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the article;

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7.2.6. Appeals

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2. The variance is in harmony with the general purpose and intent of the local watershed protection regulations and preserves their spirit; and

3. In granting the variance, the public safety and welfare have been assured and substantial justice has been done.

B. In the case of a request for a minor variance, the Planning and Zoning Board Board of Adjustment may vary or modify any of the regulations or provisions of the article so that the spirit of the article shall be observed, public safety and welfare secured, and substantial justice done, and may impose reasonable and appropriate conditions and safeguards upon any variance it grants.

C. The Planning and Zoning Board Board of Adjustment may attach conditions to the major or minor variance approval that support the purpose of the local watershed protection regulations. If the variance request qualifies as a major variance, and the Planning and Zoning Board Board of Adjustment decides in favor of granting the major variance, the Board shall then prepare a preliminary record of the hearing and submit it to the North Carolina Environmental Management Commission for review and approval. If the Commission approves the major variance or approves with conditions or stipulations added, then the Commission shall prepare a Commission decision which authorizes the Planning and Zoning Board Board of Adjustment to issue a final decision which would include any conditions or stipulations added by the Commission. If the Commission denies the major variance, then the Commission shall prepare a decision to be sent to the Planning and Zoning Board Board of Adjustment. The Planning and Zoning Board Board of Adjustment shall prepare a final decision denying the major variance.

D. Appeals from the local government decision on a major or minor variance request are made on certiorari to the local Superior Court. Appeals from the Commission decision on a major variance request are made on judicial review to Superior Court.

E. On request of the Stormwater Administrator, any person who petitions the Planning and Zoning Board Board of Adjustment for a variance under this section shall provide notice to the affected local governments of the variance request as required under the Jordan Rule, 15A NCAC 2B.0104(r). For purposes of this notice requirement, “affected local governments” means any local governments that withdraw water from Lake Jordan or its tributaries downstream of the site of the proposed variance. If the proposed variance is in a Water Supply Watershed area classified as WS II, WS III or WS IV, “affected local governments” also includes any other local governments in the same water supply watershed as the proposed variance. The notice shall provide a reasonable period for comments and shall direct the comments to be sent to the Stormwater Administrator. The person petitioning for the variance shall supply proof of notification in accordance with this section to the Stormwater Administrator.

7.2.6. Appeals

Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this article made by the Stormwater Administrator, may file an appeal to the Planning and Zoning Board Board of Adjustment within 30 days. Applications for an Appeal shall be filed, reviewed, and decided in accordance with 2.5.22, Administrative Appeal, except that the Planning and Zoning Board Board of Adjustment shall make a final decision on an appeal of a decision relating to civil penalties for violations of this article within 90 days after the date the appeal application is accepted.

SECTION 7.3. STANDARDS

7.3.1. General Standards

All development and redevelopment to which this article applies shall comply with the standards of this section. The approval of the Stormwater Management Permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans.

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Article 8: Performance and Maintenance Section 8.1. Performance

8.1.3. Alternatives in Lieu of Construction of Public Street Improvements

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F. Use of in Lieu Funds

1. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for the construction of cross access improvements for which the in-lieu payment is made. Such activities may be undertaken by the Town or private entity.

2. All in lieu funds utilized shall be for the amount equal to the in lieu payment.

(Ord. No. 2019-106, 08/27/2019)

8.1.3. Alternatives in Lieu of Construction of Public Street Improvements

A. General

In lieu of providing all the required public street improvements (including associated roadways, bikeways, and sidewalks), the developer may, with Town approval, provide payment in lieu of construction of public street improvements in accordance with the standards in Section 8.1.3. The Town may require a combination of partial payment of funds and partial dedication of constructed street improvements on determining that a combination is in the best interests of the citizens of the area to be served.

B. Public Streets with No Funded Local, State or Federal Improvement Project

Decisions on whether or not to approve or deny requests are made by the following:

1. Town Council

The Town Council decides whether or not to waive providing payment in lieu for Town funded development applications.

2. Planning Director

The Planning Director decides whether or not to approve or deny requests for development applications not funded by the Town.

C. Public Streets with Planned and Publicly Funded Improvements

1. State and Local Government Development

Major and Minor Site Plans funded and constructed by a state or local government agency are not required to construct public street improvements or provide a payment in lieu of construction of public street improvements, as required in Section 5.8.3 and 5.8.5, when the development fronts on and obtains vehicular access from a public street with a funded local, state, or federal improvement project.

A state or local government agency shall be required to construct any improvements, such as turn lanes, deemed necessary by a Town or NCDOT Driveway Permit to provide safe ingress and egress to the development.

2. All Other Development

Major and Minor Site Plans funded and constructed by a non-state or local government entity shall provide payment in lieu of construction, not construction thereof, for the public street improvements, required in Sections 5.8.3 and 5.8.5, when the development fronts on or obtains vehicular access from a public street with a funded local, state or federal improvement project.

A non-state or local government entity shall be required to construct any improvements, such as turn lanes, deemed necessary by a Town or NCDOT Driveway Permit to provide safe ingress and egress to a development.

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Article 10: Enforcement Section 10.3. Enforcement Responsibility and Procedures 10.3.4. Enforcement Procedure

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2. The final Notice of Violation (which may also be the initial Notice of Violation) shall state what course of action is intended if the violation is not corrected or an administrative hearing is not requested within the specified time limit. If the final Notice of Violation identifies the assessment of a civil penalty as a potential intended course of action, the Notice of Violation shall also serve as a warning citation. The final Notice of Violation shall also advise the violators of their rights to appeal the Notice of Violation to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal.

3. On receiving a written request for extension of the time limit for correction specified in the Notice of Violation, the Planning Director or Town Engineer, as appropriate, may grant a single extension of the time limit for up to 90 days for good cause shown.

4. If the owner of the property cannot be located or determined, the Planning Director or Town Engineer, as appropriate shall post a copy of the notice on the building, structure, sign, or site that is the subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to begin five days after the notice is posted.

B. Administrative Hearing

If the violator requests an administrative hearing within the deadline set forth in the Notice of Violation, the Planning Director or Town Engineer, as appropriate shall schedule a hearing not less than seven days or more than 30 days after receiving the request, and shall provide the violator written notice of the time and place of the hearing. At the conclusion of the hearing, the Planning Director or Town Engineer, as appropriate shall make a final determination of whether a violation exists and, if finding that a violation does exist, shall order the violator to undertake actions necessary to abate the violation within a set time limit. The Planning Director or Town Engineer, as appropriate shall also advise the violator of the right to appeal the final determination of violation to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal.

C. Application of Remedies and Penalties

On determining that the violator has failed to correct the violation by the time limit set forth in the final Notice of Violation (or any granted extension thereof) or set at a subsequent administrative hearing, or has failed to appeal the Notice of Violation or final determination of violation in a timely manner and in accordance with Section 2.5.22, Administrative Appeal, the Planning Director or Town Engineer, as appropriate shall take appropriate action, as provided in Section 10.4, Remedies and Penalties, to correct the violation and to ensure compliance with this Ordinance.

D. Emergency Enforcement without Notice

On determining that delay in correcting the violation would pose a danger to the public health, safety, or welfare, the Planning Director or Town Engineer, as appropriate may seek immediate enforcement without prior written notice by invoking any of the remedies authorized in Section 10.4, Remedies and Penalties.

E. Repeat Violations

If the same violation, except for repeat violations subject to Section10.4.2.A, Violations of Riparian Buffer Regulations, is repeated by the same offender over any two-year period, the Town may commence the application of remedies or penalties at the stage in the process where the previous violation was resolved.

F. Authority to Require Statements

The Town shall have the authority to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activities constituting a potential violation of this Ordinance.

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b. The land area subject to the penalty shall be equivalent to the land area that would have been located within the required tree protection area if it had been established.

c. The civil penalty associated with damage to or removal of existing trees where a tree protection area is required but not established shall not exceed a maximum of $1,000,000 for any single occurrence.

3. Tree Replacement Required

In addition to the imposition of civil penalties, replacement trees planted in accordance with the standards in Section 5.4.7, Mitigation for Tree Removal, shall be required.

E. Other Violations

Any person, firm, or corporation who violates the provisions of this Ordinance other than those in Article 6: Riparian Buffers or Article 7: Stormwater Management, shall be subject to civil penalties as follows:

1. A civil penalty in the amount of $50.00 per violation for the first day and $100.00 per violation for any day thereafter in violation.

2. Each day’s continuing violation shall be a separate and distinct offense.

F. Citation

1. To impose a civil penalty, the Planning Director or Town Engineer, as appropriate, shall first provide the violator a written citation, either by personal service or certified mail, return receipt requested. The citation shall:

a. Describe the violation;

b. Specify the amount of the civil penalty being imposed;

c. Direct the violator to, within 30 calendar days after the date the citation is received, pay the civil penalty to the Town or contest the citation by submitting a written request an administrative hearing; and

d. Advise the violator of the right to appeal the citation to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal.

2. If the violator requests an administrative hearing within the deadline set forth in the citation, the Planning Director or Town Engineer, as appropriate, shall schedule a hearing not less than seven days or more than 30 days after receiving the request, and shall provide the violator written notice of the time and place of the hearing. At the conclusion of the hearing, the Planning Director or Town Engineer, as appropriate, shall make a final determination of (1) whether the citation is warranted, and (2) whether the penalty amount is appropriate or should be reduced. If finding that the citation is warranted and the penalty amount is confirmed or reduced, the Planning Director or Town Engineer shall order the violator to pay the civil penalty to the Town. The Planning Director or Town Engineer, as appropriate, shall also advise the violator of the right to appeal the citation to the Planning and Zoning Board Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal.

3. If the violator fails to either pay the civil penalty or set at a subsequent administrative hearing, or has failed to appeal the citation in a timely manner and in accordance with Section 2.5.22, Administrative Appeal, the Town may institute a civil action in the nature of a debt in a court of competent jurisdiction to recover the civil penalty.

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BIKE LANE A designated area within a street roadway or other vehicular accessway that is reserved for bicycle travel and separated from the rest of the roadway or vehicular accessway by painted lines or other pavement markings.

BIKE LOCKER A locker or box in which a single bicycle is placed and locked in.

BIKE PATH A designated accessway reserved for bicycle travel that is not within a street roadway or other vehicular accessway. A bike path may be within a greenway or may parallel a street or other vehicular accessway, but are typically separated from them by landscaping.

BIKE RACK A stand used for mounting and securing two bicycles when not in use.

BIKEWAY Any improved bicycle accessway that is specifically designated as being open to bicycle travel, regardless of whether such facility is designated for the exclusive use of bicycles or is shared with other transportation modes. Bikeways include bike lanes within roadways and off-street bike paths.

BLOCK A unit of land bounded by streets or by a combination of streets and parks or open space, railroad rights-of-way, waterways or any barrier to the continuity of development.

BLOCK FACE Properties abutting one side of a street or public right-of-way and lying between the two nearest intersecting streets or rights-of-way, or intersecting right-of-way and railroad right-of-way, unsubdivided land, water course or Town boundary.

BOARD OF ADJUSTMENT See Section 2.2.2.

BREWERY An establishment primarily engaged in the brewing ale, beer, malt liquors, and nonalcoholic beer that is permitted to do so in accordance with N.C.G.S. 18B-1104 and regulations of the Alcoholic Beverage Control Commission, with a capacity of 15,000 barrels or more per year. Accessory uses include a restaurant, a public tasting room, and retails sales of ale or beer, or related products.

BRICK Block made of kiln-fired material, usually clay or ground shale, laid in small, individual units with concrete mortar joints.

BRIDGE A structure carrying a walkway, bikeway, roadway, or railway over a depression or obstacle such as a watercourse, ravine, roadway, or railway. Roadway bridges cannot be constructed of wood.

BROADCAST STUDIO Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings.

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CENTRAL UTILITY PLANT A facility that produces electricity, heat, cooling, steam, compressed air, natural gas, and other similar resources for a hospital, college, or university.

CERTIFICATE OF COMPLIANCE/OCCUPANCY A certificate issued by a building official representing a determination that work done on a building or development project has been completed in compliance with all applicable State and local laws and with the terms of building permits and may be occupied safely.

CHANGE IN USE A change in the principal use of a structure or land, or a portion thereof, including a new, different, or additional principal use listed in Table 4.2.4: Principal Use Table. For multi-tenant structures a change in use does not occur unless either (a) a Major Site Plan Approval, a Special Use Permit Approval or a Conditional Rezoning Approval is required for a use or (b) one principal use occupies more than 50% of the total approved square footage—e.g., a place of worship is proposed to take more than 50% of a structure approved as a shopping center, or eating and drinking establishments are proposed to take more than 50% of a structure approved as major flex space.

CHANGEABLE COPY SIGN See Sign, Changeable Copy.

CHANNEL A natural water-carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.

CHEMICAL CONDITIONS HYDROLOGY The flood discharges associated with the land-use conditions existing within the drainage area of a watercourse at the time a flood study of the watercourse was conducted. Current conditions flood discharges and historical flood study information is published in the Flood Insurance Study.

CHIMNEY A vertical structure attached to a building that contains a flue for drawing off smoke from a furnace, water heater, or fireplace

CLOTHESLINE A cord, rope, or wire stretched between two points above ground level on which clothes are hung to dry or air.

CLUB OR LODGE An organization and its premises catering exclusively to members and guests for social, intellectual, recreational, or athletic purposes not intended for profit.

CLUSTER BOX UNIT A centralized grouping of individually locked and keyed mailboxes meeting the specifications of the United States Postal Service.

CODE OF ORDINANCES The Morrisville, North Carolina Code of Ordinances.

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PERSON For purposes of enforcing this Ordinance in accordance with Article 10: Enforcement, “person’ includes any individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity. Persons subject the remedies and penalties established in Article 10: Enforcement, for violating this Ordinance shall include: an architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition resulting in or constituting a violation of this Ordinance; or an owner, any tenant or occupant, or any other person who has control over, or responsibility for, the use or development of the land on which the violation occurs. For all other purposes, “person” means any individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity.

PILASTER A rectangular column with a capital and base that is attached or affixed to a wall as an ornamental design feature.

PLACE OF WORSHIP, COMMUNITY OR NEIGHBORHOOD A structure, together with its accessory buildings and uses, where people regularly assemble to conduct religious worship, ceremonies, rituals, and related education. The structure and its accessory buildings and uses are maintained and controlled by a religious body. Places of worship include chapels, churches, mosques, shrines, synagogues, tabernacles, temples, and other similar religious places of assembly. Accessory uses may include administrative offices, classrooms, meeting rooms, cooking and eating facilities and dwelling units housing up to two faith leaders. A place of worship may be combined with other uses that generally exist as principal uses—e.g., day care center, school, cemetery, or private recreational/entertainment facility. Such uses are treated as principal uses and subject to the standards and limitations applicable to such uses, and are included in the total gross floor area if located on the same lot..

A community place of worship is a place of worship where the total gross floor area exceeds 8,000 square feet. A neighborhood place of worship is a place of worship where the total gross floor area is no more than 8,000 square feet.

PLACE SIGN See Sign, Place.

PLANNED UNIT DEVELOPMENT A tract of land under individual, corporate, firm, partnership, or association ownership, or under common control evidenced by duly recorded contracts or agreements, planned and developed as an integral unit in a single development operation or in a definitely programmed series of development operations in accordance with a master land use plan and detailed engineering and architectural plans.

PLANNING AND ZONING BOARD See Section 2.2.2.

PLANNING DIRECTOR The Director of the Morrisville, North Carolina Planning Department. See Section 2.2.1.A.

PLAT A map or plan of a parcel of land which is to be, or which has been, subdivided.

2.2.3

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SIGN, MARQUEE A sign attached to or mounted to the top of a marquee, generally used to identify a specific motion picture or event, and subject to frequent change in copy.

SIGN, OFF-PREMISE See Section 5.16.3.A.

SIGN, OFF-SITE TEMPORARY DIRECTIONAL A sign located outdoors, which guides, instructs, or directs viewers to a place or event not located on the same premise.

SIGN, POLITICAL A sign attracting attention to political candidates or political issues and regulated as a temporary sign.

SIGN, PORTABLE Any sign that rests upon the ground, a structure, frame, building, or other surface; such signs include but are not limited to the following: trailer signs, sandwich board signs, and sidewalk or curb signs.

SIGN, PROJECTION FASCIA A sign attached to and projecting out from a building face or wall, generally at a right angle to the building.

SIGN, PROMOTIONAL EVENT A sign identifying a grand opening, parade, festival, fund drive, holidays, fairs, carnivals, special sales, or similar events. Special event signs are only permitted after approval by the Town.

SIGN, REAL ESTATE Any sign announcing the sale, rental, or lease of a lot, tract of land, one or more structures, or a portion thereof, upon which the sign is located.

SIGN, SANDWICH BOARD A movable ground sign, not secured or attached to the surface or ground upon which it is located, that constructed in such a manner as to form and “A” or tent-like shape.

SIGN, TEMPORARY A sign that can be used only for a designated period of time.

SIGN, TRAFFIC A sign indicating federal, state, or Town regulations for automobile, truck, bicycle, and pedestrian movement.

SIGN, WALL-MOUNTED FASCIA A sign attached to a vertical wall and confined to the area between the final grade elevation and the eaves of a building structure.

SITE PLAN APPROVAL, MAJOR See Section 2.5.7.

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SITE PLAN APPROVAL, MINOR See Section 2.5.7.

SITE-SPECIFIC DEVELOPMENT PLAN A plan submitted to the Town as part of an application for a Special Use Permit or Site Plan Approval in accordance with the provisions of N.C.G.S. 160A-385.1 for local designation of site-specific development plans for the purposes of establishing vesting.

SITE-SPECIFIC DEVELOPMENT PLAN DESIGNATION See Section 2.5.21.

SKETCH PLAN A plan that depicts the general configuration and relationship of the principal elements of the proposed development such as uses, intensity, access and circulation, and open space.

SMALL WIND ENERGY SYSTEM A wind energy conversion system consisting of a rotating wind turbine and related control or conversion equipment that converts the kinetic energy in wind into mechanical energy, has a rated capacity of not more than 100 kilowatts (kW), and is intended to primarily reduce on-site consumption of utility power for homes or businesses.

SOLAR ENERGY COLLECTION SYSTEM A system consisting of solar panels, modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or that collects solar energy and converts it into electricity. As an accessory use, a solar energy collection system is designed to primarily meet on-site demands (but may include transfer of excess electricity to an electric utility grid) and components are typically mounted on the roof(s) of principal or accessory structures, but may be mounted on other parts of structures, or on the ground.

SOLAR REFLECTIVE INDEX (SRI) A measure of a constructed surface’s ability to reflect solar heat, as shown by a small temperature rise. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is 0 and a standard white (reflectance 0.80, emittance 0.90) is 100. SRI combines reflectance and emittance into one number.

SOLID WASTE DISPOSAL FACILITY As defined in N.C.G.S. 130A-290(a)(35), any facility involved in the disposal of solid waste.

SOLID WASTE DISPOSAL SITE As defined in N.C., Gen. Stat. 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

SPA OR HOT TUB An above- or below-ground structure that is filled with water and used for soaking, relaxation, massage, or hydrotherapy.

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Planning and Zoning Board Meeting June 11, 2020 at 6:30 pm

Draft Minutes Excerpt 5. New Business - Public Comment

Consideration of Text Amendments to the Unified Development Ordinance (UDO) Related to Process Changes Planning Director Stegall stated that staff had presented several potential amendments to the UDO at the Town Council retreat in January 2020. Some of these related to potential process changes that would be reviewed at the meeting. Town Council directed staff to bring these UDO text amendments forward to the Planning and Zoning Board (PZB). The proposed amendments for consideration address the review process for Special Use Permits, administrative applications, and the transfer of Board of Adjustment (BOA) duties to the PZB. Staff discussion with Town Council addressed streamlining processes, the best use of Town resources, and complying with General Statute changes coming into effect in 2021. The PZB was reminded that the State Legislature adopted Section 160D of the General Statutes in 2019, which was essentially a re-write of North Carolina’s land use laws. These changes state that a recommendation by an advisory board will no longer be able to be considered in a Special Use Permit hearing. Therefore, the process is proposed to amend to allowing consideration of a Special Use Permit by one body and the Town Council indicated that they would like to maintain this authority. Therefore, the Planning and Zoning Board is proposed to be removed from this review process as well as the Alternative Equivalent Compliance application process

Administrative reviews were also discussed with Town Council. Currently, there are Type I Subdivisions and Major Sites Plans that are administrative reviews considered by both the PZB and Town Council. No changes to the review process for Type I Subdivisions are proposed. With the proposed change to Administrative Reviews, Major Site Plans would no longer be reviewed by the PZB or Town Council. These Administrative Reviews are designated in the Principal Use Table of the UDO as uses permitted by right. If all Code requirements are met, the site plan must be approved. Currently, the review process for a site plan usually takes up to four - six months at the staff level. The review by Town Council and the PZB can create the perception that the Site Plan can be denied. It currently adds an additional two-three months to the process, as well as costs to the applicant due to the necessity to be present at PZB and Town Council meetings with their representatives. Town Council directed staff to proceed with this amendment, which would eliminate the distinction between major and minor site plans. The Interactive Development Map found on the Town website would be one tool to provide information to the community about development projects, and staff will work closely with the Communications Department to develop additional tools to keep citizens informed about development projects in Town.

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The Future Land Use Plan is undergoing an update. When it is adopted, a major re-write to the UDO will take place, so that the UDO matches the Future Land Use Plan. At that time, a very close look of the Principal Use Table will take place. It could designate a use with a (P) permitted use, (S) requiring a Special Use Permit or blank - meaning not a permitted use. Mrs. Stegall then identified the residential and non-residential uses that currently require approval of a Major Site Plan.

Other proposed amendments would dissolve the BOA and transfer their duties to the PZB. This would take place at the end of August, when five of the seven BOA members’ terms expire. Variances and Administrative Appeals, both quasi-judicial decisions, would then become responsibilities of the PZB. The last variance application heard by the BOA was in 2015. There have only been three variances and two appeals brought before the BOA since 2010. Currently there are about 2-3 BOA meetings a year for trainings and to nominate officers. General Statute allows quasi-judicial hearings to be heard by the PZB. Staff informed the BOA of the proposed change and a BOA meeting was held to allow the members to ask questions. At the meeting, the BOA made a motion to send forward their opinion to Town Council that they were not in favor of transferring the BOA’s duties to the Planning and Zoning Board. The motion references their belief that there should be a separation of powers. Mrs. Stegall noted that quasi-judicial applications including Special Use Permit and Alternative Equivalent Compliance applications are already considered by the Planning and Zoning Board and Town Council. Therefore, the PZB is familiar with holding evidentiary hearings and other bodies beyond the BOA current serve in a quasi-judicial capacity. The Town Attorney did not think these changes would result in a conflict of interest. Mrs. Stegall did explain that an Appeal challenges a decision made by staff and Variances address a hardship or unique issue related to a particular parcel of land.

The proposed responsibilities of the PZB and Town Council were then identified. There are other proposed changes to the UDO: adding “Governmental Services, Administrative” as a permitted use in the Historic Crossroad Village (HCV) zoning district. This addresses former Fire Station 1 located at the intersection of Chapel Hill Road and Morrisville-Carpenter Road. Another amendment would allow Security Fencing Plans to be submitted for nonconforming industrial uses in non-industrial zoning districts. This would come in useful where for example nonconforming sites have hazardous materials stored on site that should be fenced in.

In the future, other amendments will come to the PZB such as Sign Code; Access and Circulation; Landscaping, Tree Preservation and Open Space; General Statute Updates and the Land Use Plan Update. Some of these amendments have been delayed due to the absence of stakeholders input due to COVID. Chairman Prichard opened the floor for questions or comments regarding the transfer of Special Use Permit reviews by the PZB to Town Council. There were no comments from the Board members. Chairman Prichard asked if the Board members had any comments or questions regarding the BOA being dissolved or the transfer of their duties. Chairman Prichard did acknowledge the work the BOA has done over the years. Member Robuck, based on her experience on the BOA, felt it was justified to dissolve the BOA.

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Chairman Prichard then moved onto the amendment regarding the Administrative Review of major site plans. Vice Chairman Langston expressed his concern about developers “running rampant” with the process, without there being any oversight. Member Michael felt that the PZB could give a little weight to staff site plan review recommendations and agreed with Vice- Chairman Langston that there would be no oversight if their review were removed. Mrs. Stegall said that the UDO should clearly address issues such as storm water requirements. Code amendments could be adopted if changes to the requirements are desired. Member Robuck felt the Town had excellent transparency regarding the checks and balances of the development process and was in favor of the change.

Member Toterhi asked about the timing of the approval of the Land Use Plan in relation to adjusting the Principal Use Table in the UDO, which would determine the number of uses that might be affected. Mrs. Stegall explained that the Land Use Plan Update is in an 80% form and staff plans to bring the draft to the PZB in July or August. It is anticipated that it could be adopted in early 2021. A re-write of the UDO could take about 2 years after the Land Use Plan is adopted. Chairman Prichard was worried about removing the opportunity to tweak a site plan as has been done in the past. He feels it is a loss for the community. Mrs. Stegall added that Town Council also asked that question and staff is researching avenues to better inform the community regarding development projects. A better look at the standards addressed in the Code would better guide site plan development. Chairman Prichard believed that until the Communications Department plan or Code changes are made, the site plan process should not be changed. MOTION: Member Michael made a motion to recommend that Town Council approve Ordinance 2020-169-0 of the Morrisville Town Council Approving Text Amendments to the Unified Development Ordinance related to Development Review Process Changes, with the exception of the changes related to the administrative review process for Major Site Plans (00219-2020). The motion was seconded by Member Toterhi. A roll call vote was called. The motion to recommend approval of Ordinance 2020-169-0 regarding Text Amendments regarding the Development Review Process Changes, apart from Administrative Reviews of Major Site Plans (00219-2020) passed unanimously. MOTION: Member Sack, as required by General Statute 160A-383, moved to recommend approval of Resolution 2020-169-0 of the Morrisville Town Council Pertaining to the Adoption of a Plan Consistency Review Statement for Text Amendments to the Unified Development Ordinance Related to Development Review Process Changes (CPA) based on the following: The proposed text amendments amend the regulations in various sections of the Unified Development Ordinance. These revisions support the following goals in the Town’s Land Use Plan:

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A. Policy 2D: Clearly communicate the character of development that is encouraged in the Town, including land use, design and development standards, utility extensions, and transportation needs/design, and

B. Policy 5F: Ensure the availability of information and the transparency of Town

government actions and functions:

and the following objectives in the Town’s Strategic Plan:

C: Obj. 2.4 Establish a planned approach for redevelopment and revitalization, and

D: Obj. 5-2 Deliver customer-focused service, and

E: Obj. 6.2 Economic Prosperity: Support new and existing businesses by streamlining processes and minimizing complexities.

Vice-Chairman Langston seconded the motion. A roll call vote was called. The motion to approve the Consistency Statement for Text Amendments regarding to development review processes passed unanimously.

Board of Adjustment June 10, 2020

Draft - MINUTES

1. Call to OrderChairman Beri called the meeting to order at 6:36 pm. Also present at the meeting wereChairman Beri, Vice-Chairman Cheng, Member Walton, and Member Falzon. Member Cusackand Alternate Members Blackmon and Narayana were absent. Present staff included PlanningDirector Michele Stegall, Town Manager Paige and Secretary to the Board ofAdjustment/Development Services Coordinator, Amy Lindley

2. InvocationInvocation was given by Member Falzon.

3. Adoption of AgendaMOTION: Vice-Chairman Cheng made a motion to adopt the June 10, 2020 agenda. MemberFalzon seconded the motion, which passed unanimously.

4. Approval of MinutesMOTION: Member Walton made a motion to approve the January 8, 2020 minutes. Vice-Chairman Cheng seconded the motion, which passed unanimously.

5. PresentationNo presentation

6. Public CommentNo public comment

7. Old BusinessNo old business

8. New Business8.a Discussion – Proposed Dissolution of Board of Adjustment (BOA)Director Stegall acknowledged the communication sent to all Board members about theproposed dissolution of the Board of Adjustment. She noted that even in light of COVID afterdiscussions with Chairman Beri and Town Manager Paige it was believed to be important to havean in person meeting to allow any board members that had questions the opportunity to do soin person. She then provided some additional background noting that staff initiated thisdiscussion as part of larger discussion at retreat about streamlining processes, workload andgeneral statue changes. As a result of the discussion staff was given direction to take steps towarddissolving the Board of Adjustment. Currently the Board of Adjustment has five members whoseterms expire on August 31, 2020 so the idea was for the Board of Adjustment to continue untilthen. Staff researched the Board of Adjustment’s past case load and the Board of Adjustment hasnot heard a case since 2015. Most of the meetings have been trainings, approving meetingcalendars and making recommendations for Chair/Vice-Chair. The workload did not justify

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maintaining a separation Board. Since the Planning and Zoning Board already reviews quasi-judicial applications and is familiar with the process and holding evidentiary hearings the duties of the Board of Adjustment are proposed to be transferred to the Planning and Zoning Board. With doing this there would be a code amendment which would be presented to the Planning and Zoning Board and Town Council. There will be a public comment session before the Planning and Zoning Board and public hearing before the Town Council anyone that wishes to comment at either meeting is welcome to do so. The Town Clerk has advertised for current board/committee openings and she encouraged members to submit applications if they were interested. She thanked everyone for their service and volunteering their time and talents to the Board of Adjustment and the Town. Recognition of the Board of Adjustment members is planned, however with the current events staff did not know when that would occur. Member Falzon asked for clarification on what would be the new process for when applicants want to dispute the Planning and Zoning Board decisions. Director Stegall indicated that the Board of Adjustment does not currently hear appeals of Planning and Zoning Board decisions, only appeals of staff decisions and variances. The Planning and Zoning Board is advisory to the Town Council and a challenge of a Town Council decision would go to court not the Board of Adjustment. This process would not change. Member Walton asked for staff to explain why the Board of Adjustment was no longer hearing Special Use Permits. Director Stegall stated she could not answer specifically why this responsibility was transferred from the Board of Adjustment to the Planning and Zoning Board and Town Council as it was done before she started with the Town of Morrisville. However she believed that it was when the Unified Development Ordinance was updated. Town Manager Paige stated the process of changing those guidelines changed back in 2014 when the Unified Development Ordinance was adopted and that she did not know why the decision but noted that there were several committees included in the review of updating the code. Member Walton stated he had been on the Board of Adjustment for 29 years and at one time the Board of Adjustment used to have at least two cases to review per year. He did not believe individuals who were involved with legislating and creating ordinances should be adjudicating appeals. He thought it was a NC General Statute standard in order to have a Board of Adjustment which was a completely separate independent body from Town Council. Any appeals from the Board of Adjustment do not go before Town Council they would go before Superior Court and the Board of Adjustment was not subordinate to the Town Council. He felt it was completely wrong of the Planning and Zoning Board, which had a function in creating zoning, to have any quasi-judicial role involved in zoning and that was what the Board of Adjustment was for. He stated he was told several other jurisdictions have it this way however, he did not believe there was a separation of powers between the executive branches. Vice-Chairman Cheng stated during some training sessions she remembered mention of a conflict of interest for an individual to be appointed to the Board of Adjustment and the Planning and Zoning Board at the same time. This is less related to this topic however she had seen when a current policy had been modified and Town Council went out and recruited members and an applicant was pushed forward to vacant seats when other alternate Board of Adjustment members were not considered for the vacant seat, which was a prior procedure before current Town Mayor’s tender on Town Council. There were a number of processes previously followed to ensure there was a diverse applicant pool. She thought a number of unfair questionable processes were creeping into the appointment procedures currently used. There seems be less streamlining some of these processes. The Town was losing the integrity in terms of quality of

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individuals who are serving, willing to serve or those that were elected to serve on committees. There appears to be considerable room for favoritism to certain applicants by certain Town Council members. This was a matter of opinion in her prospective and earlier this afternoon a Town Council member mentioned that they did not fully understand why the Board of Adjustment was being dissolved. Member Walton asked when this item would be presented before the Town Council. Town Manager Paige stated this item would go before the Town Council in August. The comments from tonight would be shared with the Planning and Zoning Board and Town Council when they consider this item, there would be a public hearing at Town Council. It will be go through multiple meetings once introduced to Town Council. Member Walton stated that it has not been his experience in the past as the Board of Adjustment had said things and sent messages to Town Council and he did not believe these messages were received by the Town Council. He believed that the Board of Adjustment needed to make a recommendation about the dissolvement of the Board of Adjustment. Town Manager Paige stated the Board of Adjustment could make a recommendation however she could confirm that Town Council did receive a copy of approved minutes for each board/committee meeting. Member Walton stated the Board of Adjustment minutes were not and had not ever been verbatim that he could remember. Town Manager Paige stated that Town Council had access to recordings of meetings if needed, however Member Walton was correct that the Town does not do verbatim minutes for any board/committee meetings. Secretary Lindley stated that she would do her best to get the minutes verbatim however could not guarantee that since she had to use a different recording device. Director Stegall informed the members that staff would be verbally updating the Planning and Zoning Board on comments from tonight’s meeting. If any Board of Adjustment member would like to submit written comments to the Planning and Zoning Board any written comment would be read in full and arrangements have been made to allow for in person testimony. She noted that Town Attorney, Mr. Gray, was involved in these discussions before the Town Council retreat about any possible conflict of interest and currently the Planning and Zoning Board already reviews quasi-judicial items and they are accustomed to that process. The Board of Adjustment only hears appeals of staff decisions, they do not consider whether a rule or regulation is appropriate or legal. A question of the constitutionality of regulation would go to court, therefore there wouldn’t be a conflict. There are other municipalities in North Carolina who have their process this way and is permitted by State Statute. Chairman Beri stated the members wanted to be heard through a resolution of the dissolvement of the Board of Adjustment. Director Stegall stated it took a while to create a resolution as there are several Whereas clauses and suggested that a motion might be another alternative. The Board of Adjustment discussed how they would like their motion to be written. MOTION: Chairman Beri made a motion to disagree with the Town Council decision to dissolve the Board of Adjustment. The motion was seconded by Member Walton and passed unanimously. The Board of Adjustment members discussed a possible additional motion for Town Council to review and examine the board application process as certain applicants could be overlooked or it could present a somewhat unfair process for equal opportunity for committee appointments.

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Town Manager Paige stated Town Council had reviewed their board/committee guidelines, they have updated procedures, added additional information to the applicant process to consider applicants, a minimum of four Town Council members are required to approve an applicant, and one of the rules they adopted was for applicants to be only able to serve on one board as Council wanted to expand the opportunity for more residents to serve. The Board of Adjustment members discussed rewording the previous motion. Chairman Beri wanted to add additional information about when a member was appointed to the Planning and Zoning Board and then had to resign from the Board of Adjustment due to a conflict of interest. Town Manager Paige indicated that there were also processes where items were shifting from the Planning and Zoning Board to Town Council level. Director Stegall stated that due to some General Statute changes that would be effective next year the Planning and Zoning Board would no longer make recommendations on Special Use Permits, these would only be reviewed by Town Council. Member Falzon asked for clarification on the process for Special Use Permits currently. Director Stegall stated that for Special Use Permits the Planning and Zoning Board was advisory to Town Council and Town Council made the final decision. If the process was changed moving forward appeals and variances would go before the Planning and Zoning Board, the Planning and Zoning Board would not be advisory on those, they would make the final decisions as the Board of Adjustment does today. Therefore, all quasi-judicial decisions would go to one body only. Member Walton asked if the Planning and Zoning Board would be hearing a variance to zoning that they helped created. Director Stegall stated yes, however not of an applicant questioning the legality of the law. A variance is not questioning the law, but rather if there are unique circumstances or a hardship that warranted a waiver from the law or adjustment from the law. Member Walton stated making the law fit reality of situation. Director Stegall stated yes, based on strict findings and evidence. MOTION: Chairman Beri made a motion to reopen the previous motion for rewording. The motion was seconded by Member Walton Member Walton stated that the Board of Adjustment needed to add that the foundations of the US Government had always been the separation of the three branches of government: legislative, executive and judiciary. One of the principles is that if a person participated in the creation legislation that they would not participate in judicial review of that legislation. So if members of the Planning and Zoning Board or Town Council were involved in the creation of zoning regulations they should not be part of the judicial review of those same regulations. The Board of Adjustment should remain independent, the judicial branch of the Town of Morrisville government should not be subordinate to the Town Council however appointed independent. Member Falzon wanted to add a reference to the magna carta, when King George III tried to aggerate power that was one of points of separation, articulated in the Declaration of Independence.

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MOTION: Chairman Beri made a motion to disagree with the Town Council decision to dissolve the Board of Adjustment. The foundations of the US Government had always been the separation of the three branches of government: legislative, executive and judiciary. One of the principles is that if a person participated in the creation legislation that they would not participate in judicial review of that legislation. So if members of the Planning and Zoning Board or Town Council were involved in creation of zoning regulations they should not be part of the judicial review of those same regulations. The Board of Adjustment should remain independent. The judicial branch of the Town of Morrisville government should not be subordinate to the Town Council however appointed independent. Per the magna carta where power was separated. The motion was seconded by Member Walton and passed unanimously. The members again discussed a possible additional motion for Town Council to review appointments to board/committees and looking at qualified professional engineers to be appointed to the Planning and Zoning Board and to look at senior or existing members to be considered for full board appointment over new applicants. Some Board of Adjustment members believe there could be some nepotism, arbitrary appointments and lack of transparency. Town Manager Paige wanted to clarify some facts about board/committee appointments. The information about applicants was very clear and posted on the Town website to apply. It was in the briefing item that Town Council considers, each Council members received the same information and every Council member individually voted. No one Council member in the current Administration or any previous Administration could unilaterally appoint members to a boards or committee. This had not changed since prior Administrations. The Council regularly reviews and updates their policy to making committee appointments. This information was also available in the briefing action items and in the minutes when Town Council discussed those topics. The Board of Adjustment decided not to make a motion in regard to board/committee appointments; however, they do hope the Town Council would look at this process as there seems to be some nepotism when appointing applicants. Director Stegall stated if the members had questions about vacant positions or how to apply to please reach out to the Town Clerk. Chairman Beri asked about term limits for board/committees. Town Manager Paige stated that she would have staff reach out to each member to discuss the application process. The Town Council had discussed terms limits and chose not to change that. They did make some term limit guidelines for Chairs and Vice-Chairs and talked about trying to balance creating new membership with members with knowledge and experience. If members had thoughts on this they should share this information with Town Council. Member Falzon asked for the statements from the Declaration of Independence to be included in the motion. He read the statement he would like to add: In the Declaration of Independence he had instructed the administration of justice by refusing the descent two laws for establishing judiciary powers.

MOTION: Chairman Beri made a substitute motion to disagree with the Town Council decision to dissolve the Board of Adjustment. The foundations of the US Government had always been the separation of the three branches of governments: legislative, executive and judiciary. One of

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the principles if a person participated in the creation of legislation they would not participate in judicial review of that legislation. So, if members of the Planning and Zoning Board or Town Council created of zoning regulations they should not be part of the judicial review of those same regulations. The Board of Adjustment should remain independent. The judicial branch of the Town of Morrisville government, not subordinate to the Town Council however appointed independent. Per the magna carta where power was separated. In the Declaration of Independence he had instructed the administration of justice by refusing the descent two laws for establishing judiciary powers. The motion was seconded by Member Walton and passed unanimously.

9. Staff Comments There were no staff comments.

10. Board of Adjustments Comments Member Walton asked when the Morrisville Aquatics Center would reopen. Staff stated that it was slated to open in the July. Chairman Cheng asked if board/committee members would continue to have a free membership to the Morrisville Aquatics and Fitness Center. Town Manager Paige stated she could find out for the members as she did know if that was included in the operations plan. Member Falzon asked if since the dissolvement of the board would not be discussed until August and since several members terms expired at the end of August if board members will have a complimentary membership between now and then. Town Manager Paige stated the next appointment process would start later in June or July so board members could apply to other committees if they would like. If the Planning and Zoning Board or Town Council did not recommend or approve the dissolvement of the Board of Adjustments, then staff would do a recruitment for this board. Member Walton asked if Board of Adjustment applications would be taken in the next recruitment. Town Manager Paige stated no that staff did not believe they would be asking for Board of Adjustment applications at this time. Member Walton stated so basically the decision had already been made Town Manager Paige stated Town Council gave staff this guidance to proceed with in this fashion after retreat, staff was following their direction. Planning and Zoning Board had not heard the items and Town Council had not made the decision.

11. Upcoming Terms Expiration

Member Narayana – August 31, 2020 Vice-Chairman Cheng – August 31, 2020 Member Blackmon – August 31, 2020 Member Walton – August 31, 2020 Member Cusack – August 31, 2020

12. Upcoming Events

Visit the Town website to learn more about upcoming Town events. 13. Adjournment

MOTION: Vice-Chairman Cheng made a motion to adjourn the meeting. Member Walton seconded the motion, which passed unanimously.

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The meeting adjourned at 8:00 pm.

______________________ ________________________________ Chairman, Tina Beri Secretary to the Board of Adjustments, Amy Lindley

______________________ _______________________ Date Date

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Morrisville Town Council Winter Retreat

January 25, 2020 at 8:00 am

Approved Minutes Excerpt 2. Discussion Items

2.b. UDO Review

Ms. Stegall facilitated council discussion on the various types of reviews that exist within the Town of Morrisville, including administrative, legislative and quasi-judicial. Council Member Garimella asked if the land use plan would change the UDO. Ms. Stegall affirmed it would, but it would take some time to update the code. Ms. Stegall referenced rezoning, text amendments, and Planned Urban Development (PUD) as a type of rezoning. Ms. Stegall added that the code does allow for variances, which are currently heard by the Board of Adjustment (BOA), but they could not be sought for economic reasons. She stated that the job of the Board of Adjustments (BOA) was very important, and it was important that they were well trained. Ms. Stegall asked for discussion on the following: Administrative Applications Ms. Stegall explained that there was a time component added to the review process for Administrative applications and council was often forced to decide regarding an administrative application that may not be well received by the residents. She presented the following options to optimize the administrative application process: − Staff review only − Do not allow in district − Adjust thresholds − If conditional rezoning approved make subsequent site plan review at staff level − Land Use Plan update Town Manager Paige stated that administrative reviews stem from council’s desire to be informed about developments. She stated that staff could inform them of developments in a different manner than at council meetings Council Member Rao stated that required administrative approvals do place council in an awkward position. He asked if there was any way for council to be involved in the review process earlier as 11th hour negotiation was not beneficial to any party involved. Ms. Stegall stated that conditional rezoning information could be provided to council.

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Town Manager Paige reminded council that they receive information such as development applications in process within their News and Notes. Council Member Scroggins-Johnson stated that council should be focused on higher level strategic policy and allow staff to work on the related details as they have the subject expertise. She also asked how major proposals and developments could be communicated to multiple audiences. She stated that the public and council should be educated more on the use of the interactive map. She stated that council previously wanted to review administrative approvals so they can be accountable to the public and adjusting the thresholds was a viable option. She stated that she appreciated having constructive dialogue with a developer during the process because it gave council an opportunity to see the impact of the UDO on that specific project. Mr. Howell stated that if council would like an opportunity to review projects, conditional rezoning would be the best route as it requires a higher-level review. Council Member Fender stated that nearly all zones within Morrisville allow for apartment developments while the zoning should allow for other programming. Mr. Howell stated that policy can be drafted within the land use plan for programming that could be implemented through the UDO and the UDO can implement additional requirements on zoning districts. Ms. Stegall stated that staff understands council concern that the activity centers would be full of multi-family developments. Guidelines can require ground floor retail and a PUD can be 20% nonresidential. There is not a quick fix to the multi-family question, as it could take up to two years before the updated UDO would match the Land Use Plan. Mayor Cawley stated that administrative applications require approval so there was little benefit to make suggestions on what council would like to see. He stated that he did not like the option to “not allow within district” as it would take away the rights of a landowner. Mayor Cawley stated he did not want to increase the ability to develop multi-family units within districts, but he also did not want to limit the ability to develop them in areas that already allow it. Council Member Garimella stated that council did not need to know everything about a project, but they should be able to provide input in the negotiation early in the process. Council Member Robotti asked if further discussion was needed if council selected the option of “staff review only”. She stated that council should make the UDO and Land Use Plan reflect council wants and there would be no need for further review. Town Manager Paige stated that Wil Glenn, Communications Director, was currently developing new engagement tools to facilitate better information distribution. She also stated that the Town of Cary does not get involved in discussion at the administrative approval level – they operate at the policy level in support of adopted plans. Mayor Pro Tem Johnson stated that the Town of Cary sticks to their plans and policy without the need for further discussion with developers. Erin Hudson, Strategic Performance Manager, stated that the Planning and Zoning Board (PZB) was exceptional in their submission of agenda postings, so their agenda material was available seven days in advance of a meeting. She stated that the meetings were also audio recorded and streamed with audio available the next day. She stated that draft minutes of the meetings were made available within one week of the meeting.

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Council Member Garimella asked to receive the same email information distributed to the PZB. He also asked that the PZB video record their meetings. Town Manager Paige asked for clarification regarding the next steps in the selection of the “staff review only” option. Ms. Stegall stated that communication mechanisms would need to be developed to distribute information to the public and council. Council Member Scroggins-Johnson stated that administrative approval items could be added as a consent item to allow council to avoid discussion on the item until the process was amended. Council Member Rao stated that traffic congestion was one of the biggest problems behind multi-family housing and data was difficult to quantify at times regarding the traffic. Ms. Stegall stated that traffic data was being collected through EnerGov with the goal of compiling and distributing the data in the future. Council Member Rao stated that a time would come where development slowed, and redevelopment increases. He also stated that a conversation regarding the scarcity of land and the future revenue sustainability should be addressed. Following discussion, Town Council consensus was to discontinue hearing administrative reviews. Until the UDO text amendments have been implemented, administrative reviews will appear on the consent agenda. Staff will develop effective communication mechanisms to keep Town Council and the public informed of these development activities. Ms. Stegall stated that there were various changes implemented by the legislature regarding special use permits as follows: Special Use Permits − Beginning in January 2021 cannot consider any information from PZB meeting in

making decisions − Potential options

• Town Council could have final authority • Planning and Zoning Board or Board of Adjustment would have full authority.

Ms. Stegall stated that special use permits take place approximately once a year and usually encompass traffic or noise issues. She stated there were several standards the applicant must meet to satisfy the standards of the Special Use Permit. She stated that some of the responsibilities of the BOA have been reduced over the past several years and they had reviewed only five cases over the last ten years. She stated that developers were finding ways to meet the codes themselves or the flexibility provisions implemented were working. She stated the function of the BOA was very important as their decisions were appealed directly to the Superior Court, but the BOA currently has just two meetings per year leaving them unaccustomed to their responsibilities She stated that five BOA member terms were expiring within the next six months. Following discussion, Town Council Consensus was to direct staff to bring back information and UDO text amendments that support the changes implemented in the legislature and effective advisory board workload management.

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Council Member Scroggins-Johnson stated that she was frustrated that the Town was unable to hire individuals to provide expert testimony much like the developer does. Mr. Howell asked Town Attorney Frank Gray if the town could have consultant’s complete analysis or study. Mr. Gray stated that the town could do this, but the question would be who would finance the analysis or study. Council Member Rao asked why a Special Use Permit needed to come before council when council has no option but to approve it. Mr. Howell stated that the engineers hired by the developers, while paid for by the applicant, would not really be able to manipulate the data in favor of the applicant and hiring another traffic engineer to perform a different study most likely would not end in different results. Council Member Garimella asked for clarification of the process of TIA review in developments. Mr. Howell stated that a consultant reviewed the TIA and was funded by the applicant. He suggested the Town use the same method in reviewing Special Use Permits. Mr. Howell asked for consensus regarding who would review the Special Use Permits. Following discussion, Town Council Consensus was that Town Council review the Special Use Permits. Ms. Stegall stated that staff would bring forward various amendments regarding the Special Use Permits, and assignment of responsibilities to Town Council and advisory boards. Tree preservation Ms. Stegall that the town was allowed to regulate trees because of specific legislation authorizing the town to do so. She stated that the legislation excludes single family developments and duplexes. She stated that a developer can reduce the requirement by up to 50% by staff review and anything beyond 50% could be reduced by council review. There is a hierarchy of trees in priority of order. She stated that Main Street Town Center was currently exempt from the tree reservation requirements.

Ms. Stegall discussed town tree canopy retention standards and existing common open space requirements, existing public recreation area requirements and payment in lieu of public recreation area. She stated that payment in lieu (PIL) was often used in these types of projects. She stated that funds received from PIL must be allocated for public space type usage. Ms. Stegall discussed landscape buffers and presented two options for each property line. Ms. Stegall stated that whatever area a developer placed within their site plan for tree save area, was set as an easement so that must remain a tree save in perpetuity. Mayor Pro Tem Johnson asked how staff were policing tree save areas within other developments. Ms. Stegall stated that most incidents of violation of tree save areas were brought to light by resident complaints. She stated that profit timbering places a development hold on the property for three or five years. Council Member Scroggins-Johnson asked for clarification on Parks PIL. Ms. Stegall stated that PIL allows a developer to develop the entirety of the property without providing park areas or green spaces. She stated that modifying the Parks PIL could assist in addressing open/green space issues and that the town allows for Park PIL or dedication of Park land. She stated there were strict standards related to dedication of Park Land which lead most developers to use Park PIL.

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Ms. Stegall stated that the issue of tree preservation was politically sensitive and last year a bill went before the legislature to remove the power of municipalities to enforce tree preservation. She stated that council should be strategic and mindful if they plan on overhauling the tree preservation standards. Council Member Fender stated she did not want to limit tree preservation standards based upon the possible actions of the legislature and would like to see a flat 20% tree save across the board. Mayor Pro Tem Johnson stated that the town previously had similar discussions and they included the Chamber of Commerce and representatives of the Home Builder’s Association. She stated that council should be mindful as to not blindside the development community. Citizens/residents should also be involved in stakeholder meetings. Ms. Stegall asked council which core concerns/issues were most important: − Amount saved? − Types of trees saved? − Location of trees saved? − Habitat protection? − Disturbed vs. undisturbed? Ms. Stegall discussed the following areas for potential amendments: • Mitigation standards • Landscape buffers • Prioritization • Alternate landscape plans • Conservation subdivisions Council Member Robotti stated that she would like to see an audit of the number of trees being removed. Ms. Stegall stated that there was a significant cost associated with a tree audit and a developer could push back at the idea of completing a survey on something they would remove. Council Member Garimella stated that developers most likely could not leave certain sections of trees due to the risk they create for homes in the vicinity. Ms. Stegall reminded council that they have no authority to regulate trees on single family detached developments. Council Member Fender stated she would like to save some buffer of trees near the road. Ms. Stegall stated that commercial properties need street visibility so tree buffer requirements would be difficult to enforce. Ms. Stegall asked for clarification regarding the 50% evergreen requirement and asked if the town would want that type of tree throughout the town. Council asked if the tree type used by a developer could be regulated. Ms. Stegall stated that the administrative manual provides guidance for developers regarding recommended trees. Council discussed types of trees, maturity, location, and tree canopy. Mayor Cawley asked for the next steps in the process.

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Ms. Stegall recapped that location was important to council along with the undisturbed appearance of trees. Mayor Pro Tem Johnson provided clarification that she would not like to save trees that appear subpar. Mayor Cawley asked for staff to review the current tree requirements for commercial and non-residential developments and the lower tree requirements for those designations. Council discussed various options for increasing tree amounts in the Town of Morrisville, including increasing the number of trees that need to be saved. Council Member Scroggins-Johnson suggested incentivizing HOA and other single-family developments to plant trees in their open areas. Town Manager Paige stated that staff can contact the Green Day tree planting staff to possibly implement a tree planting program with that event in March. Council stated they would like to see what other municipalities were doing regarding landscape buffers and tree saves.

Design Guidelines Ms. Stegall stated that the current townhome design standards were too difficult for developers to meet. She stated the single-family design standards were difficult to understand and staff needs to review and correct them for clarity. She stated that there were no standards specific for industrial uses and that certain design standards were not practical for redevelopment. Mayor Cawley asked if the changes were requested by the development community. Ms. Stegall stated that the current standards do create various headaches for developers and industrial users and the town’s current code was not designed for use on redevelopments and reuse of existing buildings. Council agreed that changes were needed in the existing design guidelines. Recess – 3:53 Reconvene – 4:05 Mr. Howell discussed Transportation Impact Analysis as follows: − The Town had been required Transportation Impact Analyses (TIA) for certain

development projects for many years • Prior to Zoning Ordinance Amendment in 2013, threshold was 1,000 trips per

day • In 2013, an additional threshold of 100 trips in any peak hour was added • Additional thresholds were also added at this time, including certain rezoning,

land use plan amendments, and developments on certain roadways − The Town began using outside consultant to review TIA reports in 2008.

Mr. Howell stated that TIA’s provide estimated impact of a certain development on Level of Service and length of delay at specified intersections and were based upon on estimated trip generation of land use(s) in development from ITE Trip Generation Manual. − Focused on impact at intersection-level, not corridor − A tool that provides recommendations based on data

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− Staff uses the recommendations in a TIA to develop improvement requirements for developments

Council Member Rao asked how the town could collaborate with the Town of Cary on connected technology. Mr. Howell stated that the Town of Cary maintains around 80% of Morrisville intersections. Council Member Garimella asked how objective the TIA process was. Mr. Howell stated he would address this specifically later, but a large amount of traffic was not due to new developments. He stated that staff cannot look at cumulative impact or require a new developer to consider traffic impact from previous developers. Mr. Howell reminded council that many of the traffic issues were being addressed by current projects. Trip Generation − The Town utilizes the Institute of Transportation Engineers Trip Generation Manual to

estimate the number of trips a given development will generate • The Trip Generation Manual was regularly updated and was based on observation data • The Manual was utilized by NCDOT and other municipalities for trip generation estimates

− If a proposed use was not in the Trip Generation Manual, the Town required a trip generation study

− The Manual had been found to generally be conservative in its estimates TIA Limitations − Intersection-level focus

• TIA does not address corridor improvements (such as general widening) − Off-site limitations

• State Statute limits off-site improvements that the Town can require − Background traffic

• TIA includes background traffic from nearby developments • Town cannot require new development to address existing traffic issues caused by background

developments Council Member Garimella asked if the town addressed the number of cars passing through certain intersections at any given time. Mr. Howell stated that the NCDOT does traffic counts every two years, so there are a number related to traffic increases. Mr. Howell discussed road cross sections, right-of-way dedications, multi-use paths/side paths and greenways. He stated that greenways were included in the transportation plan along with future bicycle and pedestrian infrastructure. Mr. Howell discussed existing parking requirements and stated that single family homes require 2.25 parking spaces per unit. He stated that garages were not counted towards the 2.25 minimum.

Town Manager Paige stated the highest priority was to ensure that a fire truck would be able to navigate the streets. Mayor Pro Tem Johnson asked if public street standards would allow a fire truck to navigate the roads even with street parking. Mr. Howell stated that the Town’s fire standard would not allow for parking on both sides of the road.

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Town Manager Paige stated the town has attempted to mitigate parking issues in existing neighborhoods and have attempted to reconcile the differences between the fire code and building code. Mr. Howell stated they were looking into requiring parking studies for different uses and that staff may investigate expanding the use of parking orientation requirements such as parking being located behind a building versus directly in front. He stated that staff would look at electric vehicle guidelines to possibly encourage more use of electric vehicle charging stations and staff were looking towards ideas to incentivize methods to address stormwater issues and possibly structured parking. Ms. Stegall facilitated discussion regarding priority setting as follows: − Priority Items

• Sign Code update • She stated this update needs to be wrapped up • General Statute update (includes SUP process)

o She stated that this needs to be wrapped up by January 2021. She stated the year prior would be a text amendment heavy year

Ms. Stegall stated that each of the below listed projects were multiple month projects and planning had the capacity to address the top two items below in addition to one more. − Duties of PZB and BOA − Administrative reviews − Tree preservation, landscape buffers and open space − Design guidelines − TIAs − Parking − Access and circulation − Other? Ms. Stegall asked that each council member state their main priority: Council Member Robotti selected tree preservation Council Member Fender selected tree preservation Council Member Scroggins-Johnson selected access & circulation Council Member Garimella selected access & circulation Mayor Pro Tem Johnson selected access & circulation Mayor Cawley selected tree preservation Council Member Rao selected access & circulation Ms. Stegall stated that staff could address Access & Circulation and make small changes addressing Tree Preservation now until the broader category can be addressed. Council Member Robotti asked if tree preservation programming could be addressed by the town in other ways. Town Manager Paige stated that tree preservation programming can be incorporated into activities managed in other departments and she will explore those opportunities.

UDO Text Amendments Process Changes

Town CouncilJuly 14, 2020

Proposed Amendments• Special use permits• Administrative applications• Transfer of BOA duties to the PZB

Special Use Permits• General Statute changes won’t allow

information from an advisory board to be considered in making decision

• Town Council review only

Administrative Reviews

Residential Nonresidential (Varies based on Zoning District)

Duplexes Place of WorshipMulti-Family over 50 units SchoolsAttached Single-Family Hospitals

Retail and Service Uses over 75,000 sfMajor Shopping CentersTaxi and Limo ServicesCustom ManufacturingTelecommunication Towers

• Major Site Plans• Use permitted by right• If all Code requirements are met, the application

must be approved

Communication• News and Notes• Interactive Development Map

– Location, site plan, elevation, staff contacts– Added rezonings

• Planning Department End of Year Report• Monthly Planning and Zoning Board Newsletter

– Revising and plan to post after PZB meeting• Quarterly Newsletter

Board of Adjustments• Responsibilities

– Variances– Administrative appeals

• Last case reviewed in 2015• 3 variances and 2 appeals since 2010

ResponsibilitiesPlanning and Zoning Board• Major Site Plans

(Administrative)• Type I Subdivisions

(Administrative)• Rezonings (Legislative)• UDO Amendments

(Legislative)• Long Range Plans

(Legislative)• Special Use Permits (Quasi-

Judicial)• Alternative Equivalent

Compliance (Quasi-Judicial)• Variances (Quasi-

Judicial)• Appeals (Quasi-Judicial)

Town Council• Major Site Plans

(Administrative)• Type I Subdivisions

(Administrative)• Rezonings (Legislative)• UDO Amendments (Legislative)• Long Range Plans (Legislative)• Special Use Permits (Quasi-

Judicial)• Alternative Equivalent

Compliance (Quasi-Judicial)

Other Proposed UDO Changes• Add “Government Services, Administrative” as a

permitted use in the Historic Crossroads Village (HCV) zoning district

• Allow Security Fencing Plans to be submitted for nonconforming industrial uses

Other Upcoming Amendments• Sign Code• Access and Circulation• Landscaping, Tree Preservation and Open Space• General Statute Update • Land Use Plan Update

PZB Recommendation• The Planning and Zoning Board (PZB) reviewed

the proposed amendments on June 11, 2020

• Recommended approval by a vote of 5-0 with the exception of the amendments related to major site plans

Action Items1. Resolution 2020-169-0 of the Morrisville Town Council

Pertaining to the Adoption of a Plan Consistency Review Statement for Text Amendments to the Unified Development Ordinance Related to Process Changes

2. Ordinance 2020-169-0 of the Morrisville Town Council Approving Text Amendments to the Unified Development Ordinance Related to Process Changes

Town Council Agenda Item Report

Agenda Item No. 15.aSubmitted by: Eric SmithSubmitting Department Administration Meeting Date: July 14, 2020

SUBJECTClosed Session Pursuant to N.C.G.S. 143-318.11 (a)(6) to discuss a personnel matter.Town Manager Performance Evaluation (Manager Self Assessment)

Recommendation:NoneUpdates/History of Briefing:Not Applicable

Executive Summary and Background Information:N/A

Advisory Board/Committee Review:None

Insert Date of Advisory Board/Committee Review:

Advisory Board/Committee Recommendation and/or Vote:N/A

Potential Options:N/A

Staff Recommendation:N/A ATTACHMENTS