streets or permanent access easements, rather than a public right-of-way, but only if all of the following conditions are met:
i. Location . The property is in the Town’s Extraterritorial Jurisdiction (ETJ).
ii. Minimum Access . At least one (1) existing adjoining permanent access easement must be no less than 30 feet in width and providing legal ingress and egress to a public right-of-way. Said easement must be connected to an existing public right-of-way that meets the standar ds of the Town’s Community Transportation Plan. This requirement may be waived by administrative adjustment with demonstration that the functional equivalent has been provided by current improvements, and in accordance with Article Q Procedures & Administration.
iii. The proposed lot(s) meet all lot area and dimension standards for the applicable zoning district.
iv. Minor Subdivision Classification . The proposed expanded minor subdivision shall be in compliance with Article J Subdivision Regulations §9-1455 Minor Subdivision, a. Minor Subdivision Classification, (3) No Utility Extensions, (4) No Impact to Remaining Parcel, and (5) No Nonconforming Lots Created, as well as §9-1455 Minor Subdivision, b. Public Right-of-Way Dedication Required. Expanded minor subdivisions shall only be permitted in the extraterritorial jurisdiction (ETJ).
v. Private Streets . All private streets in an expanded minor subdivision shall be subject to Article M Thoroughfares, Drainage & Utility Standards, §9-1610 Private streets & Utilities.
vi. Required Notation. No subdivision plat that shows lots served by a private street or permanent access easement may be recorded unless the recorded plat contains the following notations: 1. Further subdivision of any lot shown on this plat may be prohibited unless the private street right-of-way/access easement is improved to meet public street standards in accordance with applicable standards. 2. Future annexation and/or extension of public utilities and services may be prohibited or excluded unless the private street or permanent access easement is improved to meet public street standards in accordance with applicable standards.
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