Morrisville Unified Development Ordinance - May 2020

Article 5: Development Standards Section 5.5. CommonOpen Space and Public Recreation Area 5.5.2. Public Recreation Area

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 recorded subdivision plat for the development or any approved Construction Plan for the development (if no Subdivision Approval is required).

(Ord. No. 2015-066, 07/28/2015)

Public Recreation Area

5.5.2.

A. Purpose

The purpose of this section is to ensure that new dwelling units include or contribute to the provision of a public recreation area sufficient to meet the passive and active recreation needs of residents of the new development, as well of the surrounding neighborhood. B. Applicability 1. Type 1 and Type 2 Subdivisions

The standards in Sections 5.5.2.C through 5.5.2.F shall apply to all new:

(1) Type 1 Subdivision Preliminary Plat Approvals; or (2) Type 2 Subdivision Preliminary Plat Approvals.

2. Major and Minor Site Plan Approval for Multifamily Dwellings

Any multifamily dwelling development or mixed-use development not subject to Section 5.5.2.B.1, shall provide a flat fee per unit as set forth in Section 5.5.3.C, Payment in Lieu of Providing Required Public Recreation Area. In instances where the Town Council determines that a combination of partial payment of in lieu funds and partial dedication of public recreation area is in the best interest of the Town, the standards in Sections 5.5.2.C through 5.5.2.F shall also apply.

(Ord. No. 2016-001, 05/10/2016)

C. Required Public Recreation Area 1.

Type 1 and Type 2 Subdivisions

Any subdivisions proposing to create lots designed and intended to serve as building sites for bungalow court, pocket neighborhood, single-family detached, duplex, manufacturedhome, single- family attached, multifamily, live/work, congregate living facility, and continuing care retirement facility shall dedicate a portion of the subdivision site as public recreation area. The amount of land required to be dedicated shall equal 1/35 of an acre multiplied by the number of dwelling units proposed to be accommodated by subdivision lots (for subdivisions creating lots for bungalow court, pocket neighborhood, single-family detached, manufacturedhome, or single-family attached dwellings, this will equal the number of such lots; for subdivisions creating lots for duplex dwellings, this will equal twice the number of lots; for subdivisions creating lots for multifamily dwellings, live/work, congregate living, and continuing care retirement facilities this will equal the number of dwelling units).

Morrisville, NC

May 26, 2020

Unified Development Ordinance

Page 5-18