558 / 634
Article 5: Development Standards
Section 5.5. Common Open Space and Public Recreation Area
5.5.1. Common Open Space
Morrisville, NC
June 2013
Unified Development Ordinance - Public Hearing Draft
Page 5-17
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;
j.
Swimming pools, athletic fields and courts, and associated clubhouses.
F.
Ownership, Management, and Maintenance of Common Open Space
314
1.
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.
2.
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 legal instruments that ensure continued use of the land for its intended open space
purposes and provide for the continued and effective management, operation, and maintenance
of the land and facilities. Such instruments shall be approved by the Town as sufficient to comply
with this standard before or conjunction with approval of any subdivision plat for the
development, or any Construction Plan Approval for the development (if no Subdivision Approval
is required).
3.
Responsibility for managing and maintaining common open space areas lies with the owner of the
land comprising the areas. Failure to maintain common open space areas in accordance with the
approved development shall be a violation of this Ordinance. Identification of who bears
responsibility for managing and maintaining common open space areas shall be shown on any
recorded subdivision plat for the development or any approved Construction Plan for the
development (if no Subdivision Approval is required).
314
This subsection is intended to ensure that required common open space will be continually managed and maintained as
permanent open space that serves the purpose for which they are approved. The principal options allowed include ownership and
management by a property owners‘ or homeowners‘ association, by an outside organization existing for the specific open space
purpose, the Town, or other public agency. An additional option is through easements (e.g., conservation easements) covering
private individual lots. For all the private ownership/management options, it is important to require Town approval of related
legal instruments, to ensure the open space will be appropriately managed. Although we do not recommend specifying the
appropriate contents of such instruments in the Ordinance, the Town should consider things such as whether a property owners‘ or
homeowners‘ association‘s by-laws establish a fund for open space maintenance and authorize assessments of owners where
necessary to supplement the maintenance fund.