Morrisville Unified Development Ordinance - June 2017

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

Town Council The Town Council decides whether or not to approve or deny requests for Type 1 Subdivision Preliminary Plat Approval, Major Site Plan Approval, or Minor Site Plan Approval for multifamily dwelling developments requesting partial dedication of public recreation area . Planning Director The Planning Director decides whether or not to approve or deny requests for Type 2 Subdivision Preliminary Plat Approval, or Minor Site Plan Approval. B. Off-Site Provision In lieu of providing required common open space area or public recreation area on a development site in accordance with Section 5.5.1 or Section 5.5.2, the developer may, with the approval of the Town provide all or some of required common open space or public recreation area on land outside the development site. Where off-site provision of required common open space or public recreation area is proposed, the application shall include a map showing the location, boundaries, and topography of the site, as well as any additional information deemed necessary by the Town to ascertain the site’s suitability as common open space or public recreation area, as appropriate. Any approved off-site common open space or public recreation area shall be identified on a plat. The plat shall be recorded with the Register of Deeds for the county in which the dedicated land is located. Ownership, management, and maintenance of common open space shall be in accordance 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 (Ord. No. 2016-001, 05/10/2016)

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

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

June 23, 2017

Morrisville, NC

Page 5-20

Unified Development Ordinance