Morrisville Unified Development Ordinance - February 2021.2

Article 5: Development Standards Section 5.6. Floodplain Management 5.6.1. Purpose

Type 1 and Type 2 Subdivisions shall be a flat fee per unit as established in the current Town of Morrisville Planning Department Fee Schedule. 2. Timing of Payment in Lieu a. The developer shall make the in-lieu payment before 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. b. 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. 3. Payment in Lieu Review Standards The decision on whether to approve a payment in lieu of providing required public recreation area shall be based on the following criteria: a. Whether the on-site provision, or any proposed off-site provision, of required public recreation area 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 public recreation area that complies with Section 5.5.2.D, Design Standards for Required Public Recreation Area. 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 public recreation area. (Ord. No. 2014-051, 11/10/2014; Ord. No. 2015-047, 07/28/2015; Ord. No. 2015-066, 07/28/2015; Ord. No. 2016-001, 05/10/2016) SECTION 5.6. FLOODPLAIN MANAGEMENT Purpose The purpose of this section is to set forth methods and provisions for minimizing the risks of flooding and flood damage in the Floodplain Overlay (FO) District. Specifically the standards in this section are intended to: A. Restrict or prohibit development that is dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or in flood heights or velocities; B. Require development vulnerable to floods, including facilities serving such development, to be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Control filling, grading, dredging, and other development that may increase flood damage; and 5.6.1.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 5-21