17.20.050 LOTS LOCATED ON PRIVATE LANES

A.​ Public Street Systems Encouraged: Public street systems shall be encouraged for access to all residential dwelling sites. However, the City recognizes that there are cases where it is impossible or impractical to develop a lot according to normal subdivision standards. In situations where insufficient land access exists for a public street system, the Planning Commission may allow for a building lot using frontage from a private lane, with the exception of the bulb of a cul-de-sac. The bulb of a cul-de-sac is defined as the circular area at the end of a dead-end residential street B.​ Subdivisions on private lanes may be developed when the following conditions have been met: 1.​ Development on a private lane would not impede the extension of any adjacent public right-of-way either now or in the foreseeable future; and 2.​ The development does not impede the necessary access from adjoining properties as required by the master transportation plan. 3.​ Rights-of-way shall be of sufficient design to service the projected use of property and adjoining properties that may have access across such rights-of-way. All new private lanes shall be fully improved with a hard-packed maintainable surface with a minimum of twenty feet (20’) of surface width. Curb and gutter or other appropriate storm drainage methods may be required. 4.​ Improvements shall include a strategically located turnaround to accommodate emergency vehicles. The turnaround configuration may be in any form compliant with the appropriate fire codes, as determined by the fire marshal or designee. Additional clearance may be required to accommodate emergency vehicle access. 5.​ Private lanes shall satisfy the frontage requirements for no more than one lot. 6.​ All necessary public utility easements shall be dedicated on all lots, including full access where required by city officials and workers. Public services, such as garbage collection, will be at the dedicated street only. 7.​ Minimum yard setback requirements as defined for public streets shall apply to all buildings and uses adjoining private rights-of-way, with setbacks measured from edge of required private lane width or from the width of the future city road in that location. 8.​ No portion of the private lane may be counted towards required driveway dimensions on individual lots. 9.​ No portion of the private lane may be counted towards the minimum required building lot size. 10.​Private lane area shall not be included in the calculation of buildable area for an individual lot, including determination of allowed square footage for primary and accessory structures. 11.​A driveway approach with a minimum of twenty feet (20’) by twenty feet (20’) of three inches (3”) minimum thickness of permanent asphalt from the public street to the lane is required. 12.​All lots shall be provided with standard utility connections, furnished by the property owner, including approved fire protection infrastructure. All utilities underneath a private right-of-way shall be deemed private utilities for ownership and maintenance purposes. 13.​Private lanes shall be named and identified by means of a suitable permanent street marker according to Millville City standards, to be installed prior to issuance of building permits. 14.​All required infrastructure, including road improvements and stormwater controls shall be installed prior to occupancy being granted on a building lot. 15.​Each access easement right-of-way shall be recorded with the County Recorder. Such easement shall include all parties with interest in the parcel(s) containing the access easement right-of-way as grantors and all parties retaining access from the access easement right-of-way as grantees. The easement shall extend and connect to Millville City’s public street infrastructure to provide clear access from all building lots or parcels to a public right-of-way. 16.​There shall be a written and recorded road maintenance agreement that assigns maintenance responsibility for the private lane to the properties the private lane traverses and serves. The City shall have the right to compel enforcement of the road maintenance agreement between the property owners. Should the City be unable to compel enforcement of the agreement, the City may, at its sole discretion, maintain the private lane and assess the property owners the costs associated with such maintenance. 17.​Change of Private Right-Of-Way to Public Ownership: Private lanes shall be clearly annotated on the subdivision plat as a private lane. A note shall be placed on all subdivision plats that contain a private lane that states the following: “The road annotated on this plat as “private lane” was allowed alternative construction standards from adopted public or private streets standards. Millville City shall not take control of said lane unless it is first deemed by the City Council that there is a compelling public interest, the street is brought to public standards and all landowners accessing the street have consented to the dedication.” C.​ The creation of a private lane is a subdivision of property and follows the same requirements outlined in Chapter 16.16: Subdivision Application Requirements. The Application Review Procedure can be found in Chapter 16.20. A public hearing is required before Final Plat approval. (Ord. 2026-1, 2026: Ord. 2025-7, 2025: Ord. 2023-6: 2023)