Morrisville Unified Development Ordinance - April 2019

Article 5: Development Standards Section 5.6. Floodplain Management 5.6.1. Purpose

Payment in Lieu Review Standards

The decision on whether to approve a payment in lieu of providing required public recreation area shall be based on the following criteria: a. Whether the on-site provision, or any proposed off-site provision, of required public recreation area could be used to establish, expand, or extend an existing or planned public park, greenway, or other open space area identified in parks and recreation plans or other plans adopted by the Town; b. The extent to which the size, shape, topography, geology, soils, and public accessibility of the development site makes it impractical to provide required public recreation area that complies with Section 5.5.2.D, Design Standards for Required Public Recreation Area. c. Whether the in-lieu payment option provides the additional design flexibility needed to accommodate allowable higher-intensity development in the Transit-Oriented Development (TOD) District, or allowable higher-intensity development on substantially constrained sites elsewhere in the town; and d. Whether the Town’s use of an in-lieu payment to help acquire and develop parks, greenways, and other open space areas would better meet the open space and recreational needs of occupants and users of the development than on-site provision, or any proposed off-site provision, of the required public recreation area. (Ord. No. 2014-051, 11/10/2014; Ord. No. 2015-047, 07/28/2015; Ord. No. 2015-066, 07/28/2015; Ord. No. 2016-001, 05/10/2016) The purpose of this section is to set forth methods and provisions for minimizing the risks of flooding and flood damage in the Floodplain Overlay (FO) District. Specifically the standards in this section are intended to: A. Restrict or prohibit development that is dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or in flood heights or velocities; B. Require development vulnerable to floods, including facilities serving such development, to be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Control filling, grading, dredging, and other development that may increase flood damage; and E. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards in other areas. A. Elevation Certificates An Elevation Certificate (FEMA Form 81-31) is required before the actual start of any new construction. It shall be the duty of the applicant for a Floodplain Development Permit to submit to the Town Engineer a certification of the elevation of the reference level, in relation to mean sea level. The Town Engineer shall review the certificate data submitted. The permit holder shall correct deficiencies detected by such review before the application for a Floodplain Development Permit may be approved. Failure to submit the certification or make required corrections of it shall be cause to deny a Floodplain Development Permit. 5.6.2. Required Certificates SECTION 5.6. FLOODPLAIN MANAGEMENT 5.6.1. Purpose

Morrisville, NC

April 23, 2019

Unified Development Ordinance

Page 5-21