Secondary and Cumulative Impacts Master Management Plan - 2014

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

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 Town-adopted parks and recreation plans. Any proceeds from such transactions shall be deposited into the Town fund referenced in Section 5.5.3.B.5 below.

5.5.3. Alternative Options for Meeting Common Open Space and Public Recreation Area Requirements

A. 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 Council in accordance with the criteria in subsection 4 below, provide all or some of required common open space or public recreation area on land outside the development site. No development application proposing off-site provision of required common open space or public recreation area shall be approved unless and until the Town Council approves such proposal (even where the application would normally be decided by Town staff or another board). 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 necessary to ascertain the site‘s suitability as common open space or public recreation area, as appropriate. 3. Any approved off-site common open space shall be shown as reserved or dedicated open space on a plat of the property containing the common open space, and any approved off-site public recreation area shall be shown as dedicated recreation area on a plat of the property containing the public recreation area. The plat shall be recorded with the Register of Deeds for the county in which the dedicated land is located. 4. The Town Council‘s decision on whether to approve off-site provision of required common open space or public recreation area shall be based on the following criteria: a. Whether the proposed off-site common open space or public recreation area would meet the design standards for required common open space (Section 5.5.1.D) or public recreation area (Section 5.5.2.D), as appropriate; b. Whether the proposed off-site common open space or public recreation area is located sufficiently close to the development site to meet the open space or recreation needs, as appropriate, of the occupants and users of the development; and c. Whether the proposed off-site common open space or public recreation area would contribute more to meeting the open space or recreation needs, as appropriate, of the occupants and users of the development than on-site provision of the common open space or public recreation area or the Town‘s use of in-lieu payments to acquire and develop parks, greenways, and other open space areas in the vicinity of the development. B. Payment in Lieu of Providing Required Common Open Space or Public Recreation Area 315 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 Council (for Major Subdivision Preliminary Plat Approval) or Planning

315 This subsection provides an in-lieu payment option similar to that provided by current Subdivision Ordinance provisions authorizing payments in lieu of the required dedication of recreation area.

Morrisville, NC

June 2013 Page 5-19

Unified Development Ordinance - Public Hearing Draft