Morrisville Unified Development Ordinance - June 2017

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area 5.5.1. Common Open Space

a. Benches or seating areas;

b. Raised landscape planters;

c.

Shade structures;

d. Public art (e.g., sculptures, murals, water elements, carvings, frescos, mosaics, mobiles);

e.

A courtyard;

f. Decorative shelters for transit riders (as approved by the Town); or

g. Similar community amenities approved by the Town.

E. Development Within Required Common Open Space Areas Development within required common open space areas shall be limited to that appropriate to the purposes of the type(s) of common open space (see Table 5.5.1.C.2 , Allowable Common Open Space Areas). Where appropriate to the type of common open space, such development may include, but is not limited to:

a. Walking, jogging, and biking paths or trails;

b. Benches or other seating areas;

c. Tables, shelters, grills, and other picnicking facilities;

d. Docks and other facilities for fishing;

e. Environmental education guides and exhibits;

f. Gazebos and other decorative structures;

g. Fountains or other water features;

h. Tot lots and play structures for children;

i. Gardens or seasonal planting areas; and

j. Swimming pools, athletic fields and courts, and associated clubhouses.

F. Ownership, Management, and Maintenance of Common Open Space

Required common open space area shall be managed and maintained as permanent open space through one or more of the following options: a. Open space may be held in common ownership by the owner(s) of the development, who will be responsible for managing and maintaining the land for its intended open space purposes. b. Open space areas may be conveyed to a property owners’ or homeowners’ association that holds the land in common ownership and will be responsible for managing and maintaining the land for its intended open space purposes. c. Open space areas may be conveyed to a third-party beneficiary such as an environmental or civic organization that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended open space purposes. d. Open space areas may be dedicated to the public and conveyed to the Town or other public agency that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended open space purposes. Easements may be established on those parts of individually-owned lots including open space areas that require the areas to be managed consistent with their intended open space purposes and prohibit any inconsistent future development. Any options involving private ownership of required common open space area shall include association by-laws, deed restrictions, covenants, or other

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 5-17