Private access easements shall only be permitted subject to the following conditions:
(A) Private access easements shall only be permitted in order to create access to a maximum of four landlocked lots. For purposes of this Ordinance, landlocked lots shall mean those lots not abutting a public street, a private street or a common area as described in Section 155.2.3.
(B) A private access easement shall be a minimum of ten feet in width and shall not exceed 125 feet in length.
(C) Private access easements shall only be permitted if all the owners of lots served by such private access easement execute and record a maintenance agreement for maintenance of the private access easement in a form acceptable to the town.
(D) Private access easements shall only be used as means of access for lots located in the R-1 or R-2 Zoning Districts.
(E) All private access easements shall be surfaced with either asphalt, concrete, pervious concrete, gravel, or some other pervious surface approved by the town.
(F) Setbacks for construction on lots crossed by a private access easement shall be determined from the property line of the affected lot. Areas within the private access easement shall be counted in determining the permitted floor area ratio of the lot in question.
(G) No obstructions or encroachments of any kind whatsoever shall be permitted on the surface of or in the air space above a private access easement.
(H) A private access easement shall only be used by the landlocked lots served by such easement and by non-landlocked lots which are immediately adjacent to and adjoin such private access easement.
(I) No private access easement shall be permitted as a means of access to a lot unless a plat is recorded in the New Hanover County Register of Deeds depicting such easement and including the written approval of the Planning Director of the town.
(Ord. 1728, passed 5-13-14; Am. Ord. 1838, passed 3-10-22; Am. Ord. 1854, passed 1-11-24)