Morrisville Unified Development Ordinance - October 2019

Article 8: Performance and Maintenance

SECTION 8.1. PERFORMANCE

Review for Compliance

8.1.1.

Unless otherwise provided in this article or in Article 7: Stormwater Management, review for compliance with the standards of this article shall occur during review of an application for Final Plat Approval (Section 2.5.6.C), or Construction Plan Approval (Section 2.5.8), as appropriate.

(Ord. No. 2016-001, 05/10/2016)

Phasing of Development

8.1.2.

The phasing of development is allowed as part of Conceptual Master Plan Approval (Section 2.5.4), Subdivision Approval (Section 2.5.6), or Site Plan Approval (Section 2.5.7) in accordance with the following standards. A. Phasing Criteria Phasing of approved development shall be in keeping with an approved phasing plan that shows phase boundaries and describes included development and improvements in accordance with the following criteria: The numbering of phases shall be sequential and coincide with the order in which the different development phases are proposed to be constructed. Each phase shall be designed to include all improvements and other aspects of development necessary to meet all requirements of this Code and other applicable regulations, either as a stand- alone development or in conjunction with completed and accepted phases of the same development. B. Temporary Measures A phasing plan may include installation of temporary measures as necessary to allow a particular phase to meet the phasing criteria in subsection A above, provided authorization of the temporary measures shall be valid for one year and be accompanied by the provision of a performance guarantee and a maintenance guarantee for the temporary measures in accordance with Section 8.1.4, Payment in Lieu of Construction of Private Cross Access Improvements C. 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. 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. E. 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. D. Form of in Lieu Payment

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 8-1