Morrisville Unified Development Ordinance - October 2019

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

H. Form of in Lieu Payment

The in-lieu payment shall be provided in cash or certified check from a North Carolina lender to the Town prior to Construction Plan Approval. Amount of in Lieu Payment The amount of an in-lieu payment shall be in an amount equal to 150 percent of the estimated full cost of completing the installation of the required improvements, including the costs of materials, labor, and project management. Estimated costs for the in-lieu payment shall be itemized by improvement type, certified by the applicant’s licensed Professional Engineer, and approved by the Town Engineer. J. Use of in Lieu Funds 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. I. K. Maintenance of Required Landscaping The owner shall be responsible for maintaining, in perpetuity, all required landscape areas and landscaping materials (including berms, walls, and fences as well as vegetation) in accordance with the approved landscape plan or alternative landscape plan and the standards of this section. Required vegetation shall be maintained in a healthy condition and landscape areas shall be kept in an orderly appearance, free from refuse and debris. All required vegetation shall be maintained in their characteristic natural shape and shall not be severely pruned or sheared. Trees shall not be topped or shaped as shrubs. Vegetation that has been severely pruned, sheared, topped, or shaped shall be considered damaged and shall be replaced with healthy comparable plant material. Actions shall be taken to protect required landscaping materials from unnecessary damage during all facility and site maintenance operations. Landscaping materials shall be maintained in a way that does not obstruct sight visibility within intersection sight distance areas (see Section 5.8.6.F, Intersection Sight Distance Areas), obstruct traffic signs or devices, or interfere with the use of bikeways and walkways. Landscaping shall comply with Building Code restrictions on placing or storing combustible materials near buildings. If landscaping materials used to meet the requirements of this section die, are seriously damaged, or are removed, they shall be replaced with comparable landscaping materials meeting the standards of this section within the next six months—or within the next year if the death, damage, or removal of the landscaping materials was due to an unusual weather occurrence or other act of nature (e.g., tornado, hurricane). In determining the extent of replacement required, the Planning Director shall consider the type and location of the required landscaping materials as well as the propensity for natural re-vegetation. All initial and replacement landscaping shall be subject to a two-year performance guarantee that ensures proper maintenance and replacement, in accordance with Section 8.1.4, Payment in Lieu of Construction of Private Cross Access Improvements L. 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 All in lieu funds utilized shall be for the amount equal to the in lieu payment. (Ord. No. 2019-106, 08/27/2019) a. Performance Guarantees.

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 5-133