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

Director (for Minor Subdivision Plat Approval), make a payment to the Town in lieu of providing all or a portion of the required common open space or public recreation area. 2. The amount of such in-lieu payment shall be the product of the number of acres of required common open space area or public recreation area, as appropriate, that is proposed and approved for the in-lieu payment option multiplied by the pre-development fair market value per acre of land making up the development site. The development application shall include an appraisal or other documentation acceptable to the Town as showing the development site‘s predevelopment fair market value. 3. If the Town disagrees with the pre-development fair market value submitted by the applicant, such value shall be determined by a special appraisal committee made up of one professional appraiser appointed by the applicant, one professional appraiser appointed by the Town Manager, and one professional appraiser appointed by the initial two committee members. The committee shall view the site, hear the contentions of both the applicant and the Town, reach a conclusion by majority vote, and submit a written certification of its conclusion to the applicant and Town Manager within 30 days after the final member of the committee is appointed. The costs of the committee shall be borne by the applicant. 4. The developer shall make the in-lieu payment before issuance 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. 5. 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. 6. The decision on whether to approve a payment in lieu of providing required common open space or public recreation area shall be based on the following criteria: a. Whether the on-site provision, or any proposed off-site provision, of required common open space or recreation 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 common open space or public recreation area that complies with Section 5.5.1.D, Design Standards for Common Open Space, or Section 5.5.2.D, Design Standards for Required Public Recreation Area, as appropriate; 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 common open space or public recreation area, as appropriate.

June 2013 Page 5-20

Morrisville, NC

Unified Development Ordinance - Public Hearing Draft