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 m aintenance 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’ associ ation 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:
(1) Public Streets . Public streets constructed perpendicular to the width of the buffer may be permitted where such construction is necessary for safe and reasonable ingress or egress to property. The location and size of the public street shall be identified on the site plan or preliminary subdivision plat or phased development plan at the time of review by the Town and in accordance with the Town’s Standard Specifications & Construction Details. (2) Public Utilities . Notwithstanding any other restrictions or provisions herein the Town of Fuquay-Varina shall be permitted to obtain public utility easements and perform construction of public utilities parallel or otherwise through or within the buffer and within such easements as required or necessary. The public utility easement may count towards the buffer requirement. (3) Driveways . Driveways may cross a buffer for nonresidential, multi-family and mixed-use developments based on approved plans by the Town and/or the North Carolina Department of Transportation, and in accordance with this Article. Residential driveways for a subdivision are prohibited from crossing a buffer, except as approved on a preliminary subdivision plat. An exception may be considered by the Planning Department as part of a site plan or preliminary subdivision plat review and approval. There shall be extenuating circumstances that will prohibit the ability to obtain reasonable and safe ingress and egress to a public right-of-way as follows:
A. Existing Development . The lot or parcel of land is isolated from other properties to obtain access because of existing surrounding development.
Made with FlippingBook interactive PDF creator