Morrisville Unified Development Ordinance – September 2018

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

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) 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: 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 . 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 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. 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. 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. 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; 5.5.3.

September 25, 2018

Morrisville, NC

Page 5-20

Unified Development Ordinance