Morrisville Unified Development Ordinance - October 2019

Article 5: Development Standards Section 5.12. Landscaping 5.12.3. General Landscaping Standards

C. Stabilization

All required landscape planting areas shall be stabilized and maintained with turf, ground covers, or other approved materials to prevent soil erosion and allow rainwater infiltration. D. Easements Nothing except ground cover shall be planted or installed within any underground or overhead utility, drainage or gas easement, or within three feet of a fire protection system, except in accordance with the consent, standards, or guidelines of the utility provider, easement holder, or the Town, as appropriate. Berms shall be at least one and one-half feet high, with side slopes not exceeding a ratio of three horizontal feet to one vertical foot, and with a crown at least two feet wide. Berms proposed to be placed along street rights-of-way shall be designed and constructed to provide adequate sight distances at intersections and shall not impair safe operation of vehicles. In no case shall berms be located or designed so they damage the roots or trunks of existing healthy vegetation designated to be preserved. Berms shall not be located or designed so as to block or divert a natural drainage flow on to or off of any other land. Installation Before Certificate of Compliance/Occupancy All required landscaping (including ground cover) shall be installed in accordance with the required planting standards set forth in this section prior to issuance of a Certificate of Compliance/Occupancy unless the Planning Director allows delayed installation in accordance with subsection 2 below. Allowance of Deferred Installation a. The Planning Director may, for good cause shown, allow installation of required landscaping to be deferred until after issuance of a Certificate of Compliance/Occupancy. Circumstances that may warrant an extension include, but are not limited to, the following: F. Time for Installation of Required Landscaping b. Any allowance of deferred installation shall be conditioned on the required landscaping being installed as soon as practicable after the circumstances warranting deferral cease to exist, but no later than six months after such time, and the provision of a performance guarantee ensuring such installation in accordance with Section 8.1.4, Payment in Lieu of Construction of Private Cross Access Improvements G. General In lieu of providing private cross access between adjoining development in accordance with Section 5.8.6.D.5, the developer may, with Planning Director approval, provide payment in lieu of construction on determining construction is not feasible without obtaining access on parcels not included in the development application. The Town may require a combination of partial payment of funds, partial installation of cross access, and/or dedication of access and construction easements. E. Berms All berms shall comply with the following standards: (1) Unusual environmental conditions, such as drought, hurricanes, or over-saturated soil; (2) The inappropriateness of the current season for planting the approved plant species; or (3) Utility work occurring in a proposed landscaped area that is incomplete or delayed.

October 1, 2019

Morrisville, NC

Page 5-132

Unified Development Ordinance