The purposes of providing common access driveways to more than one residential, institutional, agricultural, business, food service, industrial or marine use rather than by individual driveways for each dwelling unit/lot are to:

a.

Enhance public safety by reducing the number and frequency of points at which vehicles may enter upon the ways used by the public, particularly arterial streets as defined in the Newburyport Subdivision Rules and Regulations;

b.

Preserve, protect and enhance environmentally sensitive land, such as well recharge areas, wetlands and floodplains, by reducing the area of land that is cleared, excavated, filled and/or covered with impervious surface;

c.

Encourage the protection and preservation of significant natural features such as wetlands, riparian corridors, mature trees, stone walls, landscaped areas, scenic vistas and other open space areas.

(Ord. of 12-8-03, § 1)

For all residential uses, courts and lanes are allowed only by approval of a special permit issued by the planning board provided they meet the requirements listed below. For all non-residential uses, courts and lanes are allowed only by approval of a site plan review issued by the planning board provided they meet the requirements listed below:

a.

A court or lane shall not be used to satisfy zoning frontage requirements except as provided by an approved definitive subdivision plan.

b.

A Court shall serve no more than two (2) dwelling units/lots. A lane shall serve no more than four (4) dwelling units/lots.

c.

The court or lane shall access the property over the frontage of at least one of the lots being served by the driveway.

d.

The owners of the properties to be accessed by the court or lane must provide evidence to the zoning administrator that they have rights, either by deed or easement, to the court or lane. If access is by easement, the easement shall be recorded by the Essex County Registry of Deeds within ninety (90) days of endorsement by the planning board or within seven (7) days prior to commencement of construction. The recorded easement shall include the following:

1.

That unless approved within a definitive subdivision plan, the court or lane shall not be used to satisfy frontage requirements under the zoning ordinance;

2.

That the City of Newburyport shall not assume any responsibility for the court or lane, nor bear any liability for same;

3.

That a lot and/or unit owner provided access by the court or lane and having an exclusive right of access or usage of any portion thereof, such as a spur accessing one lot and/or unit alone, shall be individually responsible for repair, maintenance and upkeep of such portion;

4.

That all lot and/or unit owners provided access by the court or lane shall be jointly and severally responsible and liable for the repair, maintenance and upkeep of all shared portions of the court or lane.

e.

The court or lane shall not become a public or private way maintained by the city. Further, the City of Newburyport shall not be required to provide city services including but not limited to: construction, reconstruction, maintenance, snowplowing, school bus pickup, trash collection or police patrols along a court or lane.

f.

A covenant shall be entered into between the owner or developer and the city in a form acceptable to the planning board prohibiting the issuance of an occupancy permit until such time as the court or lane has been constructed in accordance with the approved plan.

(Ord. of 12-8-03, § 1; Ord. of 6-26-17(2))

A proposed court or lane shall comply with the design standards listed in Section 6 of the Newburyport Subdivision Rules and Regulations. During the site plan review process, the board may increase the design standards and construction requirements for institutional, commercial or industrial applications due to location, intensity and nature of the proposed use. All non-residential courts or lanes shall be at least 24 feet in width.

(Ord. of 12-8-03, § 1)