Morrisville Unified Development Ordinance - February 2021.2

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area 5.5.1. Common Open Space

E. Development Within Required Common Open Space Areas 1. Development within required common open space areas shall be limited to that appropriate to the purposes of the type(s) of common open space (see Table 5.5.1.C.2 , Allowable Common Open Space Areas). 2. Where appropriate to the type of common open space, such development may include, but is not limited to: a. Walking, jogging, and biking paths or trails; b. Benches or other seating areas; c. Tables, shelters, grills, and other picnicking facilities; d. Docks and other facilities for fishing; h. Tot lots and play structures for children; i. Gardens or seasonal planting areas; and j. Swimming pools, athletic fields and courts, and associated clubhouses. F. Ownership, Management, and Maintenance of Common Open Space 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 Approval 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 e. Environmental education guides and exhibits; f. Gazebos and other decorative structures; g. Fountains or other water features;

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 5-17