Morrisville Unified Development Ordinance - February 2021.2

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

1. Required public recreation area shall be compact and contiguous, forming a single area, unless multiple public recreation areas or a different configuration is needed to continue an existing trail or accommodate preservation of natural features. 2. The size and shape of required public recreation area shall be sufficient to accommodate active recreation activities appropriate to the recreational needs of subdivision residents (e.g., public recreation area should be sufficiently large and rectangular to accommodate soccer or softball fields, tennis courts, swimming pools, etc.). 3. Required public recreation area shall be located to be readily accessible and useable by occupants and users of the development. 4. Required public recreation area shall have at least 50 feet of frontage on a public street or a public access easement at least 30 feet wide. 5. No land dedicated as active public recreation area shall be located on slopes exceeding five percent. 6. No more than 25 percent of land dedicated as active public recreation area shall be located within a Floodplain Overlay District. 7. If the development site is adjacent to existing or planned parks, greenways, or other public open space, required public recreation area shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the park, greenway, or other public open space. E. Dedicated Recreation Area to be Shown on Recorded Plat Dedicated recreation area shall be shown on the recorded Final Plat prior issuance of any Building Permit for the development. F. Conveyance of Dedicated Recreation Area Required public recreation area shall 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. 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 the Comprehensive Plan. Any proceeds from such transactions shall be deposited into the Town fund referenced in Section 5.5.3.C.2.b below. (Ord. No. 2015-066, 07/28/2015) Alternative Options for Meeting Common Open Space and Public Recreation Area Requirements A. Review Authority Decisions on whether or not to approve or deny requests in Section 5.5.3.B, Off-Site Provision and Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area, are made by the following review authorities: 1. Town Council The Town Council decides whether or not to approve or deny requests for Type 1 Subdivision Preliminary Plat Approval, requesting partial dedication of public recreation area. 2. Planning Director The Planning Director decides whether or not to approve or deny requests for Type 2 Subdivision Preliminary Plat Approval, or Site Plan Approval. (Ord. No. 2016-001, 05/10/2016) 5.5.3.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 5-19