Morrisville Unified Development Ordinance

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

8. Notwithstanding the above, if property is identified in the Comprehensive Plan, including any small area or subarea plans contained therein, as Open Space and/or Public gathering space, the Town may require land dedication in locations shown in the Comprehensive Plan even if standards 1-7 above are not met.

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. 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: (Ord. No. 2015-066, 07/28/2015) 5.5.3.

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)

B. Off-Site Provision

1. In lieu of providing required common open space area or public recreation area on a development site in accordance with Section 5.5.1 or Section 5.5.2, the developer may, with the approval of the Town provide all or some of required common open space or public recreation area on land outside the development site. 2. Where off-site provision of required common open space or public recreation area is proposed, the application shall include a map showing the location, boundaries, and topography of the site, as well as any additional information deemed necessary by the Town to ascertain the site’s suitability as common open space or public recreation area, as appropriate. 3. Any approved off-site common open space or public recreation area shall be identified on a plat. The plat shall be recorded with the Register of Deeds for the county in which the dedicated land is located. Ownership, management, and maintenance of common open space shall be in accordance with Section 5.5.1.F, and the conveyance of dedicated recreation area shall be in accordance with Section 5.5.2.F.

Morrisville, NC

October 1, 2021

Unified Development Ordinance

Page 5-18