(A) The requirements set forth in this subchapter 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 Board of Commissioners as standards that presumptively will result in the provision of that amount of recreational activities and open space that is consistent with officially adopted town plans.
(B) The Board of Commissioners 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 subchapter may be achieved even though the standards are not adhered to with mathematical precision; therefore, the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) 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 said standards; 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.
(C) Whenever the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) authorizes some deviation from the standards set forth in this section the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation.
(Ord. passed 12-20-2001)