Morrisville Unified Development Ordinance

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

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 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. 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

Morrisville, NC

October 1, 2021

Unified Development Ordinance

Page 5-16