Morrisville Unified Development Ordinance - April 2019

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area 5.5.3. Alternative Options for Meeting Common Open Space and Public Recreation Area Requirements

with Section 5.5.1.F, and the conveyance of dedicated recreation area shall be in accordance with Section 5.5.2.F. The Town’s decision on whether to approve off-site provision of required common open space or public recreation area shall be based on the following: a. Whether the proposed off-site common open space or public recreation area would meet the design standards for required common open space (Section 5.5.1.D) or public recreation area (Section 5.5.2.C.2), as appropriate; b. Whether the proposed off-site common open space or public recreation area is located sufficiently close to the development site to meet the open space or recreation needs, as appropriate, of the occupants and users of the development; c. Whether the proposed off-site common open space or public recreation area would contribute more to meeting the open space or recreation needs, as appropriate, of the occupants and users of the development than on-site provision of the common open space or public recreation area or the Town’s use of in-lieu payments to acquire and develop parks, greenways, and other open space areas in the vicinity of the development; and a. Type 1 and Type 2 Subdivisions (1) The amount of the in lieu payment shall be the product of the number of acres of required public recreation area that is proposed and approved for the in lieu payment option multiplied by the pre-development fair market value per acre of land making up the development site. The development application shall include an appraisal or other documentation acceptable to the Town showing the development site’s predevelopment fair market value. (2) If the Town disagrees with the pre-development fair market value submitted by the applicant, such value shall be determined by a professional appraiser appointed by the Town Manager. The cost of the appraisal shall be borne by the applicant. b. Major and Minor Site Plan Approval for Multifamily Dwellings The amount of the payment for any multifamily dwelling development or mixed-use development that includes multifamily dwelling units that is not subject to Section 5.5.2.B.1, Type 1 and Type 2 Subdivisions Type 1 and Type 2 Subdivisions , shall be a flat fee per unit as established in the current Town of Morrisville Planning Department Fee Schedule. Timing of Payment in Lieu a. The developer shall make the in-lieu payment before recordation of any subdivision plat for the development or issuance of any Building Permit for the development (if no Subdivision Approval is required)—provided, however, that the payments may be phased in accordance with an approved phasing plan for the development. b. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for the acquisition or development of parks, greenways, and other open space areas that will serve occupants and users of the development. Such areas may also serve other developments in the immediate area. d. Whether the proposed public recreation area is consistent with the Comprehensive Plan. C. Payment in Lieu of Providing Required Public Recreation Area In lieu of providing all or a portion of the required public recreation area on a development site in accordance with Section 5.5.2, the developer may, with Town approval, make a payment to the Town. Payment in Lieu Amount

April 23, 2019

Morrisville, NC

Page 5-20

Unified Development Ordinance