Article XIV, Sec. 22-163

Other

• Exclusions from common open spaceOpen spaceLand a development must leave unbuilt, sometimes required to be usable or planted.

  Common open space areas shall be exclusive of road rights-of-way and parking areas.

• Flexibility in administration

  The Zoning Administrator is authorized to permit minor deviations from these standards whenever it determines that the objectives can be met without strict adherence and it would be unreasonable to require strict adherence due to peculiarities of the tract or facilities.

• Homeowners association requirements

  Homeowners associations or similar legal entities responsible for maintenance and control of common areas shall be established such that provision is made before any lot is sold or building occupied, have clear legal authority, and have power to compel contributions from residents.

• Bond for improvements

  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.

• Minimum common open spaceOpen spaceLand a development must leave unbuilt, sometimes required to be usable or planted.20 pct

  Common open space areas shall be exclusive of road rights-of-way and parking areas; be a minimum of 20 percent of the gross site area.

• Minimum recreational area20 pct

  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 an open space or recreational facility as described in Section 22-164.

• Management organization

  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 standards including establishment before sale or rental, financial structure, and deed restrictions approved by the Zoning Administrator.

• Ownership covenants

  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.

• Flat dry land

  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.

• Landscaping and screening

  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.

• Central location

  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.

• Permitted recreational facilities

  The following are illustrative of the types of facilities that shall be deemed to serve active recreational needs: tennis courts, racquetball courts, swimming pools, sauna and exercise rooms, meeting or activity rooms within clubhouses, basketball courts, swings, slides, and play apparatus.