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Article 5: Development Standards
Section 5.5. Common Open Space and Public Recreation Area
5.4.8. Credit Towards Other Standards
Morrisville, NC
June 23, 2017
Unified Development Ordinance
Page 5-13
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 payment may be phased in accordance with an approved
phasing plan for the development.
The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for
purchasing, installing, replacing, and/or maintaining trees in public parks, greenways, or other land
owned or leased by the Town.
(Ord. No. 2016-001, 05/10/2016)
5.4.8.
Credit Towards Other Standards
Tree protection areas, and trees and other vegetation within such areas, may be credited towards
compliance with riparian buffer, common open space, public recreation area, perimeter and streetyard
buffer, and landscaping requirements to the extent they comply with the standards in Section
5.12.3.A, New Planting Standards,or other applicable landscaping standards (se
e Section 5.12, Landscaping).
(Ord. No. 2014-051, 11/10/2014)
SECTION 5.5. COMMON OPEN SPACE AND PUBLIC RECREATION AREA
5.5.1.
Common Open Space
A.
Purpose
The purpose of this section is to ensure that developments other than residential subdivisions include or
contribute to the provision of common open space for the use and enjoyment of the development’s
occupants and users. Open space serves numerous purposes, including preservation and protection of
natural areas and features, providing opportunities for passive and active recreation, enhancing
management of stormwater runoff to protect water quality and reduce flooding, and mitigating the heat
island effect of developed areas.
B.
Applicability
General
The standards in this section, unless expressly exempted in accordance with subsection
2 below,shall apply to all new development subject to:
a.
Planned Development Rezoning (Sectio
n 2.5.3);
b.
Conceptual Master Plan Approval (Section
2.5.4);
c.
Special Use Permit (Section
2.5.5);
d.
Type 1 Subdivision Preliminary Plat Approval (Section
2.5.6.B.1);
e.
Type 2 Subdivision Preliminary Approval (Section
2.5.6.B.2);
f.
Major Site Plan Approval (Sectio
n 2.5.7.B); or
g.
Minor Site Plan Approval (Section
2.5.7.C).
Exemptions
The following development is exempt from the standards of this section:
a.
Development directly associated with a permitted agricultural use;
b.
Public Park or Recreational Facility;
c.
Recreation Facility, Residential Support;