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June 24, 2004 Page 549 When created. Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied. Authority. The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities. Contributions. 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 both maintenance and upkeep. Section 6. Timing of recreational improvements Because of the varying nature of subdivision developments, it is impractical to categorically set one time frame with applicability to all. Consequently, the timing of recreational improvements will be established for each development by reviewing staff in consultation with the developer. Generally, staff will require recreational improvements implemented when either 15 lots total or 50% of the total approved lots for the subdivision have been completed, whichever occurs first. When compliance with the preceding requirement does not occur, zoning permits for the remainder of the development may be stopped. Nothing, however, should be construed as barring a developer from immediate development of recreational facilities as an amenities/marketing strategy and such timing is encouraged. Section 7. Lot reduction Developers converting developable land area into the required recreational area may, at their option, reduce building lot size to 95 percent of the minimum lot size of the host zoning district. Section 8. Flexibility in administration Due to the widely varying characteristics of land itself, the nature of proposed facilities, or other factors, it is possible that the overall objectives of these regulations, on rare occasion, be achieved without adhering to the standards set forth with exact mathematical precision. Accordingly, minor deviations from these standards may be made when it can be determined that: i) ii) the objectives of the standards can be met without strict adherence to them, or, the peculiarities of a tract of land would make strict adherence to standards unreasonable. Section 9. Administrative procedures for deviation A deviation from strict standards is to be presented within the regular subdivision review process, becoming both a part of the written record and also, receiving approval from the subdivision approving body, the Cabarrus County Planning & Zoning Commission. Again, a deviation will be considered the exception rather than the rule and accordingly, be authorized only when the evidence is overwhelmingly in its favor. Section 10. Penalties Failure to meet the requirements of Cabarrus County Subdivision Regulations, specifically, Section 6, Timing of Recreational Improvements, may result in the cessation of the issuance of zoning compliance permits for the remainder of a subdivision. Issuance of zoning compliance permits may begin after the requirements of the section are met as determined by the Zoning Administrator. In addition, the County may withhold approval of additional final plats within the development until the requirements of this section are met. CHAPTER 6 LEGAL PROVISIONS Section 1. Separability If any portion, clause or sentence of this ordinance shall be determined to be invalid or unconstitutional, such declaration of invalidity shall not affect the remaining portions of this ordinanceL Section 2. Re-enactment and repeal of existing subdivision ordinance The provision in part carries forward by re-enactment some of the provisions of the Subdivision Ordinance of the County of Cabarrus initially adopted on