§ 360-70. Access and Right-of-Way.

360-70.1   Access.

A.

Large parcels to provide future street access. When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged and designed so as to allow for the opening of future streets and to provide access to those areas not presently served by streets.

B.

Landlocking of adjacent property prohibited. No subdivision shall be designed so as to completely eliminate street access to adjoining parcels of land. Every development shall be designed to facilitate access to adjoining properties which are developed or anticipated to be developed in a manner substantially similar to the subject property. Locations of inter-parcel access shall be as required by and subject to the approval of the Department.

C.

Minimum lot frontage required. Any lot required to provide minimum frontage by the zoning district in which the lot is located shall provide vehicular access directly from a public street along the frontage or along any other property line which abuts a public street.

D.

Private streets to be constructed pursuant to roadway construction standards. Private streets as may be approved under the provisions of this UDO shall be constructed to the street construction standards of Gwinnett County, as contained in Chapter 900.

360-70.2   Vehicular Access Easements. Vehicular access easements may be provided from a public street indirectly via easement in any one or more of the following circumstances:

A.

The property is not required to provide a minimum frontage by the applicable zoning district, provided that the easement shall be in a location and the access driveway shall have a width and alignment acceptable to the Department and the Department of Fire and Emergency Services.

B.

The property is a buildable lot of record, as defined herein, but does not meet the minimum frontage requirement of the applicable zoning district. The property must be served by an exclusive access easement which shall be limited to the provision of access to only one principal use or structure.

C.

The access easement serves a single-family residence on a lot which is otherwise a buildable lot of record, and which is sharing a common driveway with no more than one other single-family residence.

D.

The sharing of a common driveway (or alley) by multiple residences within Mixed-Use or Traditional Neighborhood Districts is permitted.

E.

The access easement was lawfully established as such under the code, ordinances, or regulations of Gwinnett County prior to the adoption of this UDO.

F.

The access easement coincides with a private roadway or alley approved under the code, ordinances, or regulations of Gwinnett County. All new private roadways must be constructed to the street standards of this UDO, and their ownership and maintenance responsibility by private party(s) must be clearly established on the Final Plat of the development. All alleys, if required by a zoning condition, shall be built and maintained as private driveways.

G.

The access easement serves a buildable lot of record which meets the minimum frontage requirements of Title 2 of this UDO, but at which point the access is not achieved.

360-70.3   Dedication of Street Right-of-Way. Right-of-Way for all public streets, existing and proposed, shall be dedicated in accordance with the street classifications as shown on the officially adopted Gwinnett County Long Range Road Classification Map or as required by Director or Designee of GCDOT.

360-70.4   Greenway Access Dedication of Easement and Construction Requirements. Access, dedication of easement and/or construction of greenway trails shall be provided in accordance with the prioritized greenway network map of the most currently approved Gwinnett County Open Space and Greenway Master Plan, as follows:

A.

Greenway Access. All properties or assemblages of parcels abutting designated greenways as shown on the prioritized greenway network map of the Gwinnett County Open Space and Greenway Master Plan shall provide at least one multi-use path to the programmed or existing greenway. The multi-use path shall be paved or constructed with other materials approved by Gwinnett County (Section 900-100), and the route segment shall be a minimum of 10 feet in width. Multi-use path locations to be reviewed and approved by the Department of Community Services.

B.

Greenway Construction and Easement Dedication.

1.

Within flood plains and stream buffers, greenway easements shall be dedicated and constructed to provide public access to trails as shown on the prioritized greenway network map of the Gwinnett County Open Space and Greenway Master Plan. Greenways shall be located so that the route is feasible for both construction and long-term maintenance. The specific location of the greenway shall be verified on the ground before approval and project release of the development. The amount of land required for greenway construction shall not exceed 5 percent of the land within the development excluding greenways located within a standard street right-of-way

2.

For all other locations, as established by the prioritized greenway network map of the Gwinnett County Open Space and Greenway Master Plan, dedication of easement shall be required for greenways lying outside of any floodplain or stream buffer, or shall be reserved either for public access greenway easement, dedication and construction, or other terms negotiated with the County.

3.

In coordination with the Department of Community Services and the Director of Planning and Development, greenways with public access may be allowed to substitute for required sidewalks if the greenway alignment coincides with location intended to be served by sidewalk.

C.

Limitations.

1.

Single-family residential zoning districts. The dedication or construction of greenways in single-family residential zoning districts is required for subdivisions that involve the creation of a new street. Existing single-family lots are exempt from greenway easement dedication and construction.

2.

All other zoning districts. Construction of the greenway is required in the following situations:

a.

Whenever there is new development; or

b.

Whenever alterations to existing development are 25 percent or greater of the total improvements on the site; or

c.

Whenever new streets are constructed.

D.

The construction and dedication of greenways shall be in accordance with the approved Gwinnett County Open Space and Greenway Master Plan design standards. Any deviation or modification of the construction standards contained herein shall be subjected to the modification or waiver process in accordance to Section 340-40.