Secondary and Cumulative Impacts Master Management Plan - 2014

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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
Morrisville, NC June 2013
Unified Development Ordinance - Public Hearing Draft Page 5-19
managing and maintaining the land for its intended open space purposes. The Town may sell or
otherwise convey any public recreation area conveyed to the Town if the Town Council
determines that development of the land for park and recreation purposes is no longer feasible
or consistent with Town-adopted parks and recreation plans. Any proceeds from such transactions
shall be deposited into the Town fund referenced in Section
5.5.3. Alternative Options for Meeting Common Open Space and Public Recreation
Area Requirements
A. Off-Site Provision
1. In lieu of providing required common open space area or public recreation area on a
development site in accordance with Section or Section the developer may, with the
approval of the Town Council in accordance with the criteria in subsection provide all or
some of required common open space or public recreation area on land outside the development
site. No development application proposing off-site provision of required common open space or
public recreation area shall be approved unless and until the Town Council approves such
proposal (even where the application would normally be decided by Town staff or another
board).
2. 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 necessary to ascertain the site‘s suitability as common open
space or public recreation area, as appropriate.
3. Any approved off-site common open space shall be shown as reserved or dedicated open space
on a plat of the property containing the common open space, and any approved off-site public
recreation area shall be shown as dedicated recreation area on a plat of the property
containing the public recreation area. The plat shall be recorded with the Register of Deeds for
the county in which the dedicated land is located.
4. The Town Council‘s decision on whether to approve off-site provision of required common open
space or public recreation area shall be based on the following criteria:
a. Whether the proposed off-site common open space or public recreation area would meet
the design standards for required common open space (Section or public recreation
area (Section , 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; and
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.
B. Payment in Lieu of Providing Required Common Open Space or Public Recreation Area315
1. In lieu of providing required common open space area or public recreation area on a
development site in accordance with Section or Section the developer may, with the
approval of the Town Council (for Major Subdivision Preliminary Plat Approval) or Planning
315 This subsection provides an in-lieu payment option similar to that provided by current Subdivision Ordinance provisions
authorizing payments in lieu of the required dedication of recreation area.