Updated Working DRAFT UDO_Adopted Version_July 2024

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area 5.4.8. Credit Towards Other Standards

3. The amount of the in-lieu payment shall be determined from per caliper inch replacement tree fee in the Town’s fee schedule . 4. The developer shall make the in-lieu payment before 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 payment 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 purchasing, installing, replacing, and/or maintaining trees in public parks, greenways, or other land owned or leased by the Town.

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

Credit Towards Other Standards

5.4.8.

Tree protection areas, and trees and other vegetation within such areas, may be credited towards compliance with riparian buffer, common open space, public recreation area, perimeter and streetyard buffer, and landscaping requirements to the extent they comply with the standards in Section 5.12.3.A, New Planting Standards, or other applicable landscaping standards (see Section 5.12, Landscaping).

(Ord. No. 2014-051, 11/10/2014)

SECTION 5.5. COMMON OPEN SPACE AND PUBLIC RECREATION AREA

Common Open Space

5.5.1.

A. Purpose The purpose of this section is to ensure that developments other than residential subdivisions include or contribute to the provision of common open space for the use and enjoyment of the development’s occupants and users. Open space serves numerous purposes, including providing opportunities for passive and active recreation, creating community character, establishing a sense of place, and providing locations for people to gather. B. Applicability

1.

General

The standards in this section, unless expressly exempted in accordance with subsection 2 below, shall apply to all new development subject to:

a. Planned Development Rezoning (Section 2.5.3);

b. Conceptual Master Plan Approval (Section 2.5.4);

c.

Special Use Permit (Section 2.5.5);

d. Type 1 Subdivision Preliminary Plat Approval (Section 2.5.6.B.1);

e. Type 2 Subdivision Preliminary Approval (Section 2.5.6.B.2);

f.

Site Plan Approval (Section 2.5.7).

2.

Exemptions

The following development is exempt from the standards of this section:

a. Development directly associated with a permitted agricultural use;

b. Public Park or Recreational Facility;

c.

Recreation Facility, Residential Support;

Morrisville, NC

July 1, 2024 Page 5-12

Unified Development Ordinance