In order to implement the Parks and Recreation objectives of the Tappahannock Comprehensive Plan, all residential developments shall provide recreation opportunities according to the following subsections:

a.

All residential developments designed for more than six dwelling units shall provide a minimum of 20 percent area for a recreational area in the form of a open space or recreational facility as described in Section 22-164.

b.

Such recreational area may be provided in the required open space provided the open space is not tidal or non-tidal wetlands or other environmental area required to be preserved.

a.

The purpose of the open space or recreational facility is to provide adequate active facilities to serve the residents of the immediately surrounding neighborhood within the development. The following are illustrative of the types of facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the neighborhood park requirements of this article: tennis courts, racquetball courts, swimming pools, sauna and exercise rooms, meeting or activity rooms within clubhouses, basketball courts, swings, slides, and play apparatus.

b.

Open space or recreational facilities shall be attractively landscaped and shall be provided with sufficient natural or man-made screening or buffer areas to minimize any negative impacts upon adjacent residences.

c.

Each open space or recreational facility shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those persons in the surrounding neighborhood it is designed to serve.

d.

Each open space or recreational facility shall be constructed on land that is relatively flat, dry, and capable of serving the purposes intended by this article.

Common open space (spaces designed and intended for the use and enjoyment of all residents of the development) may contain such complimentary structures, improvements as are necessary and appropriate for the use, benefit and enjoyment of residents of the development. Common open space areas shall meet the following requirements:

a.

Common open space areas shall:

1.

Be exclusive of road rights-of-way and parking areas;

2.

Be a minimum of 20 percent of the gross site area.

b.

Common open space may serve recreational purposes, preserve significant site features, and preserve open space. The uses authorized shall be appropriate to the purposes intended to be served. Open space designed to serve recreational purposes shall be appropriate to the scale and character of the development, considering its size, density, expected population, and the number and type of dwelling units proposed.

c.

Common open space will be suitably improved for its intended use, except that common open space containing natural features worthy of protection may be left unimproved. The buildings, structures, and improvements to be permitted in the common open space must be appropriate to the uses which are authorized for the common space.

Covenants or other legal arrangements shall specify ownership of the open space, method of maintenance, maintenance taxes and insurance, compulsory membership and compulsory assessment provisions and guarantees that any association formed to own and maintain open space will not be dissolved without the consent of the Zoning Administrator.

a.

The developer shall ensure that the common open space and improvements are maintained and cared for, and the developer shall provide for and establish an organization for the ownership, maintenance and preservation of open space which shall conform to the following standards and procedures:

1.

The organization shall be established by the developer before sale or rental of dwelling units in the development, and prior to final approval of the development plan by the Zoning Administrator.

2.

The financial and organizational structures, rules of membership, and methods of cost assessment of the organization shall be devised to ensure the successful fulfillment of the maintenance, preservation and improvement responsibilities of the organization.

3.

The organization responsible for maintenance, preservation, and improvement of common open space lands, and all property owners within the development shall be permitted to participate in such organization.

4.

Areas set aside to meet the open space requirements hereof shall be adequately described. Instruments in the form of deed restrictions and/or covenant shall be provided to ensure the purpose for which the open space is provided will be achieved. Said instruments shall be approved by the Zoning Administrator prior to recordation among the Land Records of Essex County.

Prior to the issuance of a zoning permit, there shall be delivered by the owner or developer some form of surety acceptable to the Town in an amount as specified by the Zoning Administrator, which shall be submitted with the site plan, as described in the Tappahannock Subdivision Regulations, which surety shall secure an agreement to construct such required physical improvements as identified in the Proposed Plan of Development.

Homeowners associations or similar legal entities that, pursuant to Sections 22-165 and 22-167, are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that:

a.

Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;

b.

The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities;

c.

The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.

a.

The requirements set forth in this article concerning the amount, size, location, and nature of recreational facilities and open space to be provided in connection with residential developments are established by the Town as standards that presumptively will result in the provision of that amount of recreational facilities and open space that is consistent with officially adopted Town plans. The Town recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the Zoning Administrator is authorized to permit minor deviations from these standards whenever it determines that: (1) the objectives underlying these standards can be met without strict adherence to them; and (2) because of peculiarities in the developer's tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards.

b.

Whenever the Zoning Administrator authorizes some deviation from the standards set forth in this article pursuant to Subsection a, the official record of action taken on the development shall contain a statement of reasons for allowing the deviation.