Morrisville Unified Development Ordinance - October 2019

Article 8: Performance and Maintenance Section 8.1. Performance 8.1.3. Alternatives in Lieu of Construction of Public Street Improvements

F. 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.

All in lieu funds utilized shall be for the amount equal to the in lieu payment.

(Ord. No. 2019-106, 08/27/2019)

Performance Guarantees, and Section 8.2.2, Maintenance Guarantees.

Alternatives in Lieu of Construction of Public Street Improvements

8.1.3.

A. General In lieu of providing all the required public street improvements (including associated roadways, bikeways, and sidewalks), the developer may, with Town approval, provide payment in lieu of construction of public street improvements in accordance with the standards in Section 8.1.3. The Town may require a combination of partial payment of funds and partial dedication of constructed street improvements on determining that a combination is in the best interests of the citizens of the area to be served.

B. Public Streets with No Funded Local, State or Federal Improvement Project

Decisions on whether or not to approve or deny requests are made by the following:

Town Council

The Town Council decides whether or not to waive providing payment in lieu for Town funded development applications.

Planning Director

The Planning Director decides whether or not to approve or deny requests for development applications not funded by the Town.

C. Public Streets with Planned and Publicly Funded Improvements

State and Local Government Development Major and Minor Site Plans funded and constructed by a state or local government agency are not required to construct public street improvements or provide a payment in lieu of construction of public street improvements, as required in Section 5.8.3 and 5.8.5, when the development fronts on and obtains vehicular access from a public street with a funded local, state, or federal improvement project. A state or local government agency shall be required to construct any improvements, such as turn lanes, deemed necessary by a Town or NCDOT Driveway Permit to provide safe ingress and egress to the development. All Other Development Major and Minor Site Plans funded and constructed by a non-state or local government entity shall provide payment in lieu of construction, not construction thereof, for the public street improvements, required in Sections 5.8.3 and 5.8.5, when the development fronts on or obtains vehicular access from a public street with a funded local, state or federal improvement project. A non-state or local government entity shall be required to construct any improvements, such as turn lanes, deemed necessary by a Town or NCDOT Driveway Permit to provide safe ingress and egress to a development.

October 1, 2019

Morrisville, NC

Page 8-2

Unified Development Ordinance