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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
June 2013
Morrisville, NC
Page 5-20
Unified Development Ordinance - Public Hearing Draft
Director (for Minor Subdivision Plat Approval), make a payment to the Town in lieu of providing
all or a portion of the required common open space or public recreation area.
2.
The amount of such in-lieu payment shall be the product of the number of acres of required
common open space area or public recreation area, as appropriate, 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 documentation acceptable to the Town as showing the development site‘s
predevelopment fair market value.
3.
If the Town disagrees with the pre-development fair market value submitted by the applicant,
such value shall be determined by a special appraisal committee made up of one professional
appraiser appointed by the applicant, one professional appraiser appointed by the Town
Manager, and one professional appraiser appointed by the initial two committee members. The
committee shall view the site, hear the contentions of both the applicant and the Town, reach a
conclusion by majority vote, and submit a written certification of its conclusion to the applicant
and Town Manager within 30 days after the final member of the committee is appointed. The
costs of the committee shall be borne by the applicant.
4.
The developer shall make the in-lieu payment before issuance 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 payments may be phased in accordance with
an approved phasing plan for the development.
5.
The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for
the acquisition or development of parks, greenways, and other open space areas that will serve
occupants and users of the development. Such areas may also serve other developments in the
immediate area.
6.
The decision on whether to approve a payment in lieu of providing required common open space
or public recreation area shall be based on the following criteria:
a.
Whether the on-site provision, or any proposed off-site provision, of required common open
space or recreation could be used to establish, expand, or extend an existing or planned
public park, greenway, or other open space area identified in parks and recreation plans or
other plans adopted by the Town;
b.
The extent to which the size, shape, topography, geology, soils, and public accessibility of the
development site makes it impractical to provide required common open space or public
recreation area that complies with Section
5.5.1.D, Design Standards for Common Open Space,or Section
5.5.2.D,Design Standards for Required Public Recreation Area,
as
appropriate;
c.
Whether the in-lieu payment option provides the additional design flexibility needed to
accommodate allowable higher-intensity development in the Transit-Oriented Development
(TOD) District, or allowable higher-intensity development on substantially constrained sites
elsewhere in the town; and
d.
Whether the Town‘s use of an in-lieu payment to help acquire and develop parks,
greenways, and other open space areas would better meet the open space and recreational
needs of occupants and users of the development than on-site provision, or any proposed off-
site provision, of the required common open space or public recreation area, as appropriate.