B. Street Tree Spacing .
i. Single-Family Lots . In single-family subdivisions, street trees shall be placed at a maximum of 50’ spacing within the righ-of-way. Street trees shall be large deciduous trees as defined in §9-1713 Landscaping for Adjacent Uses & Streets, g. Types of Buffers, (1) General Standards, A. Large Trees and as approved on the Town plant list. ii. Townhouses & Row Houses . In subdivisions of townhouses or row houses, street trees shall be placed in the right-of-way on at least every other lot. Street trees shall be small deciduous trees as defined in §9-1713 Landscaping for Adjacent Uses & Streets, g. Types of Buffers, (1) General Standards, B. Small Trees and as approved on the Town plant list. iii. Form-Based Projects . For projects developed under the form-based standards, street trees shall be established as defined in Appendix B RMU, CMU & EMU Form-Based Districts.
iv. Nonresidential & Open Space . Street tree spacing shall be a minimum of 40’ on center across nonresidential and open space lots.
(4) Covenants to Enforce Buffers & Street Trees . Any street buffers or street trees required in accordance with this Article, and the Land Development Ordinance in general, shall establish through covenants and restrictions and/or a homeowners’ association the responsibility to enforce the maintenance and/or replacement of the required buffer and/or street tree(s). If a homeowners’ association is established then the homeowners’ association shall have the ultimate responsibility to maintain and/or replace a required buffer or street trees, or require the lot owner to perform the maintenance and replacements. The covenants shall include language for the homeowners’ association to perform the maintenance and/or replacement of the buffer or street tree if the lot owner fails to perform such maintenance and/or replacement. If a buffer is part of an individual lot or a street tree is located in front of the subdivision lot, and a homeowners’ association is not formed, the covenants will specifically address that it is the responsibility of the lot owner to maintain the buffer and/or street tree, whether located on the private lot or in the public right-of-way, in perpetuity.
b. Disturbance of Street Trees & Buffers
Disturbance of a required buffer type is permitted under the following conditions:
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