Morrisville Unified Development Ordinance - October 2019

Article 2: Administration Section 2.5. Application-Specific Review Procedures 2.5.6. Subdivision Approvals

E. 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. F. 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. G. 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)

(A) Performance Guarantees, and Section 8.2.2, Maintenance Guarantees.

b. Staff Review and Recommendation The Planning Director shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4. The decision shall be one of the following:

(1) Approve the application as submitted;

(2) Approve the application subject to conditions; or

(3) Deny the application.

Post-Decision Actions

c.

The post-decision actions and limitations in Section 2.4.8 shall apply to the application except as follows:

(1) Payment In Lieu of Parkland Dedication

If the Final Plat is approved and such approval includes a proposed or conditional requirement for a payment in lieu of providing required common space or public recreation area, the applicant shall deposit such payment with the Town in accordance with Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area, before recordation of the approved Final Plat. (A) If the Final Plat is approved, the applicant shall revise the Final Plat as necessary to incorporate any conditions of approval and any required certification forms and signatures, and submit the revised plat to the Planning Director for review. (B) On determining that the plat has been properly revised and that all prerequisites to recordation of the plat have been met, the Planning Director shall certify the Town’s approval on the plat. (C) The applicant shall then record the Final Plat with the Register of Deeds for the county in which the development site is located and return a copy of the recorded Final Plat to the Planning Director.

(2) Certification and Recordation of Approved Final Plat

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 2-43