Morrisville Unified Development Ordinance – September 2018

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area 5.5.2. Public Recreation Area

b. Open space areas may be conveyed to a property owners’ or homeowners’ association that holds the land in common ownership and will be responsible for managing and maintaining the land for its intended open space purposes. c. Open space areas may be conveyed to a third-party beneficiary such as an environmental or civic organization that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended open space purposes. d. Open space areas may 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. Easements may be established on those parts of individually-owned lots including open space areas that require the areas to be managed consistent with their intended open space purposes and 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). 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) 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 Type 1 and Type 2 Subdivisions The standards in Sections 5.5.2.C through 5.5.2.F shall apply to all new: 5.5.2. Public Recreation Area

(1) Type 1 Subdivision Preliminary Plat Approvals; or (2) Type 2 Subdivision Preliminary Plat Approvals. 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)

September 25, 2018

Morrisville, NC

Page 5-18

Unified Development Ordinance