During a recent development plan review, there were questions regarding enforcement of a non-disturbance buffer’s location in a common area or on private property subject to ownership by individual homeowners / HOA.
In working with planning, engineering and the law department, the following language for placing a non-disturbance buffer or preservation of existing vegetation was suggested going forward. I just wanted to share:
Motion to approve rezoning with a condition to preserve the existing vegetation along the boundary (boundaries) of the property. This vegetation shall not be disturbed during the development process and shall be protected afterward. To do so, the developer shall identify this boundary on their concept and design plan as a common area, contain no grading contours, and not be part of any residential lot. This area shall also be included in the subdivision maintenance covenants to ensure long-term preservation.
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