Morrisville Unified Development Ordinance - October 2019

Article 8: Performance and Maintenance Section 8.1. Performance 8.1.4. Payment in Lieu of Construction of Private Cross Access Improvements

D. 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. 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 and certified by the owner’s or developer’s licensed Professional Engineer and approved by the Town Engineer. Certified estimates for payment in lieu of construction required in Section 8.1.3.C.2 shall clearly delineate costs into the following two categories: Refundable: a. Road improvements identified in the Comprehensive Plan. These include all improvements associated with the recommended cross-section such as curb-and-gutter, laneage, on-street bicycle facilities and medians. b. All work necessary to construct the improvements identified in the Comprehensive Plan, including clearing, grading, sedimentation and erosion control, and storm drainage work. Non-Refundable a. Bicycle and pedestrian improvements, such as sidewalks and sidepaths, identified in the Comprehensive Plan. c. Conversion of overhead to underground utilities, if conversion is in the scope of the publicly funded project. d. Median landscaping as identified in the recommended cross-section in the Comprehensive Plan, meeting NCDOT and/or Town requirements. 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 design and construction of street improvements, including associated land acquisition, that serve the occupants, residents, or invitees of the subdivision or development for which the in-lieu payment is made (though the improvements may also serve more than one subdivision or development in the area). Such activities may be undertaken by the Town in conjunction with the North Carolina Department of Transportation (NCDOT) under an agreement between the Town and NCDOT, or in conjunction with a private entity to design or construct such public improvements. New development funded and constructed by a non-state or local government entity shall be reimbursed the refundable in lieu payment paid in accordance with Section 8.1.3.E.1 for the amount equal to the in lieu payment upon start of the public road construction. All in lieu funds utilized to construct a public road improvement shall be for the amount equal to the in lieu payment. (Ord. No. 2014-022, 06/24/2014; Ord. No. 2015-002, 04/29/2015; Ord. No. 2015-047, 07/28/2015; Ord. No. 2016-001, 05/10/2016; Ord. No. 2019-106, 08/27/2019) b. Streetlights.

Payment in Lieu of Construction of Private Cross Access Improvements

8.1.4.

A. 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

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 8-3