Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 37 Effective Date: September 01, 2013 Supp. No. 4 Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION Sec. 10.2.8. ​​Site Plan Review notice to the State of North Carolina for any site plan located within the Metro-Park Overlay District. 2. Infrastructure Construction Plans a. An application for construction drawing approval shall be submitted in accordance with Sec. 10.2.1.B. The following forms must be filled out completely in order to process an application for construction drawing approval: i. Infrastructure Construction Plan Application; ii. A Phasing plan in accordance with the standards of Sec. 10.2.5.E.7. ; iii. If applicable, aWaiver Request is filed; and iv. If applicable, an Administrative Design Adjustment request is filed. b. After an application has been determined complete, Planning and Development shall review the request in accordance with the provisions of this UDO. c. No construction of development-related improvements shall commence until all required construction drawing plans, profiles and specifications have been reviewed and approved by the City or other governmental approving agency and all necessary permits issued. d. In reviewing the infrastructure construction plan, Planning and Development shall consult with the Public Utilities, PublicWorks, Transportation, Parks and Recreation, Inspections and the Fire Departments to review the infrastructure construction plan against the requirements of this UDO and other applicable technical requirements of the City. The collective review shall consider the adequacy of public facilities, as described in Article 8.2. Infrastructure Sufficiency . e. Following review, Planning and Development shall approve, approve with conditions that bring the infrastructure construction plan into conformance with requirements of this UDO and other applicable technical requirements of the City,or deny the infrastructure construction plan. Planning and Development Officer shall keep written records of any action taken. 3. Waivers a. In order to waive or modify any of the regulations or provisions of Chapter 8. Subdivision & Site Plan Standards not otherwise permitted, the City Council must hold a quasi-judicial public hearing as set forth in Sec. 10.2.1.D.1. and give notice as required in Sec. 10.1.8. b. Before a waiver or modification request is granted, the Board of Adjustment must find all of the following: i. That topography or other existing physical conditions of the property are such that compliance with the requirements under this section or Chapter 8. Subdivision & Site Plan Standards would cause an unusual and unnecessary hardship on the developer above and beyond what other developers would meet or deprive the owner of reasonable use of the property; ii. That the waiver is in accordance with the stated purposes of this UDO as set forth in Sec. 1.1.4.N. through Sec. 1.1.4.Q. ; iii. That the practical difficulties or unnecessary hardship were not created by the owner of the property or the applicant; iv. That the practical difficulties or unnecessary hardship are not solely financial; v. That the waiver will not substantially or permanently injure adjacent property or its improvements; vi. The waiver requested is the minimum required to resolve the difficulties described in Sec. 10.2.8.C.3.b.i. above that will make possible the legal use of the land, building or structure; and vii. That the public health, safety and welfare are secured. c. Conditions must be reasonably related to the conditions or circumstances that gave rise to the need for a waiver or as an offset to compensate for the granted waiver may be imposed on any waiver approved by the City Council. 4. Building Review a. An application for building or construction permit issuance shall be submitted to Planning and Development in accordance with Sec. 11.2.1.B.

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