CHAPTER 43.20: SUBDIVISION DEVELOPMENT STANDARDS
Section
43.20.040 Development standards districts
43.20.055 Rural and remote access [Repealed]
43.20.060 Dedication to public
43.20.130 Major road corridors
43.20.280 Area [Repealed]
43.20.300 Lot and block design
43.20.020 STANDARDS; GENERAL.
(A) This chapter establishes general design standards for subdivision development which, except as provided otherwise, govern all subdivisions in the borough.
(B) Construction of improvements within subdivision shall also comply with official construction standards for public improvements under the Subdivision Construction Manual.
(Ord. 17-033, § 52, 2017: Ord. 11-072, § 3 (part), 2012)
43.20.040 DEVELOPMENT STANDARDS DISTRICTS.
(A) It is the purpose of this section to provide a means of establishing different development requirements for the subdivision of land in recognition of the diverse conditions in the borough, ranging from highly urbanized to undeveloped, remote areas without conventional road access; to provide a means of establishing different development requirements in identified areas that are tailored more to the needs of the areas; and to provide a means in individual cases of reducing certain requirements in remote areas where the requirements are inconsistent with the public need for access, subdivision improvements, and other platting requirements.
(B) Cities to which the assembly has delegated by ordinance the authority to administer specific design and construction standards shall administer the standards pursuant to the delegation.
(C) The assembly, by ordinance, may establish one or more development standards districts in which there are subdivision development standards in addition to, or different from, those specified in this chapter. The ordinance may be adopted only after the planning commission has considered the ordinance and made its recommendation to the assembly, and after a public hearing on the ordinance before the assembly, notice of which shall be given as provided in MSB 43.10.065.
(Ord. 15-036, § 21, 2015: Ord. 11-072, § 3 (part), 2012)
43.20.055 Rural and Remote Access. [Repealed by Ord. 17-033, § 29, 2017]
43.20.060 DEDICATION TO PUBLIC.
(A) All roads shall be dedicated to the public, except as provided in MSB 43.20.100(C); provided, that a subdivider shall be required only to provide the designated right-of-way width within the subdivision, and one-half of the designated right-of-way width of the street on the exterior boundary of the subdivision with the dedication secured from the adjacent property owner before final plat approval.
(B) When accepting roadway dedication, the platting authority shall conduct a public hearing.
(C) Roads shall be dedicated for access to all lots within the subdivision and parcels of land adjacent to the subdivision except that access to adjoining lands does not have to be provided where legal and constructible alternative access is available. Dedications shall be a minimum of 60 feet wide and sufficient to carry all traffic generated by the subdivision and to provide residential rights-of-way for projected traffic through the subdivision. Sixty-foot radius rights-of-way shall be dedicated at temporary and permanent cul-de-sacs.
(D) Subdivisions shall provide through connecting rights-of-way of residential collector standard minimum (as defined in the MSB Subdivision Construction Manual) to all adjoining stub rights-of-way and unsubdivided parcels, where feasible, to improve interconnectivity and public safety. If it is shown by the applicant to be unnecessary for future development and/or public safety, then a reduction to a lesser road right-of-way standard or an elimination of the requirement to provide access shall be applied to all of (or a portion of) the right-of-way that is being considered for a reduced standard.
(E) The platting board may require the dedication or improvement, or dedication and improvement, of rights-of-way, tracts, or easements no narrower than ten feet in width to accommodate the construction of walkways up to eight feet in width in any of the following circumstances:
(1) if a walkway is indicated as appropriate in the borough’s comprehensive plan or other ordinance, i.e., special land use district (SPUD);
(2) if the walkway is reasonably necessary to provide safe and efficient pedestrian access to a school, playground, park, shopping center, public cemetery, transportation, or other community facility; or
(3) if the walkway is reasonably necessary to provide connectivity to a dedicated right-of-way in an adjoining subdivided or unsubdivided parcel.
(4) The above requirements for dedication of additional right-of-way for a walkway shall apply only where a walkway cannot be contained within the legal right-of-way reserved for a street.
(a) Plats or master plans of 20 lots or less shall be exempt from requirements to construct a walkway, unless evidence is presented supporting the need for pedestrian safety or the walkway will provide connectivity to other pedestrian facilities.
(Ord. 22-103, § 10, 2022; Ord. 17-033, § 53, 2017: Ord. 16-018, § 24, 2016; Ord. 11-072, § 3 (part), 2012)
43.20.100 ACCESS REQUIRED.
(A) There shall be legal and physical road access provided to all subdivisions and to all lots within subdivisions, except as allowed by subsection (B) of this section and any other exemption within this title.
(B) Upon finding that no practical means of providing road access to a proposed subdivision exists and upon a showing that permanent public access by air, water, or railroad is both practical and feasible, the platting board shall waive the road requirements of subsection (A) of this section. If other than road access is approved, the mode of access shall be noted on the plat.
(C) Subdivisions with private roads shall be approved, provided they meet the following criteria:
(1) Internal roads conform to the requirements of the Subdivision Construction Manual for residential standards minimum except as allowed in this section;
(2) Emergency services shall be provided access to deliver services within the private subdivision;
(3) There is no possibility or public necessity to provide for public through traffic because alternate legal access to adjoining properties is available and that access is constructible in accordance with Subdivision Construction Manual standards;
(4) Private road maintenance is guaranteed.
(a) The applicant shall submit a documented plan stating the following:
(i) what seasons road maintenance will be performed;
(ii) contact information for road maintenance;
(iii) length of the maintained roads in feet; and
(iv) surface type;
(5) Existing lots created within subdivisions recorded with platted private roads may be subdivided using the private roads as the legal and physical access;
(6) Access from borough-approved gated subdivisions is allowed provided the private road right-of-way serving as access is included in the platting action;
(7) When gated subdivisions are outside of a road service area, internal roads shall conform to the requirements of the Subdivision Construction Manual for pioneer or mountain road standards minimum;
(8) Flag lots accessed by private roads are exempt from MSB 43.20.300(E)(4);
(9) Utility easements within gated subdivisions shall not be granted to the borough on a plat unless the utility easement is accessible by and adjoining to public rights-of-way;
(10) Private roads used as access shall be designated as a tract.
(D) [Repealed by Ord. 17-033, § 30, 2017]
(E) A subdivision plat whose sole purpose is to separate/divide a home/headquarters site in a Matanuska-Susitna Borough agricultural rights parcel under former MSB Title 13 is exempt from the road construction standards of the MSB Subdivision Construction Manual; provided, that the following conditions are fulfilled:
(1) prior to preliminary plat submittal the agriculture rights property owner is to obtain assembly approval of the subdivision of the home/headquarters site through an application made to the borough land and resource management division;
(2) the maximum parcel size is five acres for the home/headquarters site;
(3) only two parcels can be created from the farm unit parcel, the home/headquarters site and the remainder;
(4) the applicant demonstrates that legal access as defined in MSB 43.20.120, Legal Access, exists to all parcels or tracts created, and the suitability of the legal access for future residential road construction is documented by a land surveyor or civil engineer hired by the applicant;
(5) the property is to be surveyed and monumented and a plat submitted in conformance with MSB 43.15.016, Preliminary plat submittal and approval, 43.15.049, Final plat; general provisions, and 43.15.051, Final plat; submitted;
(6) a plat note declaring that the borough is not responsible for road construction or road maintenance; and
(7) a plat note restricting further subdivision of the parcels being created.
(F) Rural and remote access. The provisions of this subsection provide a different set of access and road construction standards for rural and remote subdivisions:
(1) If the subject property is outside of a road service area, legal access to all lots shall be required and pioneer standard road construction is allowed for physical access.
(a) For subdivisions greater than ten lots, a parking area of sufficient size shall be reserved and constructed if no provisions are made for winter maintenance of the subdivision roads.
(b) For a plat of four lots or less outside of a road service area, legal access shall be provided to all lots and construction of a road is not required; provided, that:
(i) a note shall be placed on the plat to state that if any of the lots or parcels are further subdivided which would create more than the original lots created, a road must be constructed to minimum pioneer standards to provide physical access to the lots being further subdivided.
(2) For a plat or waiver of four lots or less within a road service area, legal access must be provided to all lots and physical access to the lots may be by a pioneer standard road; provided, that:
(a) A note shall be placed on the plat to state that if any of the lots or parcels are further subdivided which would create more than the original lots created, a road must be constructed to minimum residential standards to provide physical access to the lots being further subdivided.
(b) This provision of code will not require the petitioner to upgrade any road providing access to the subject parcel that is maintained by the state or an incorporated municipality.
(G) Remote subdivision access for parcels outside of a road service area. The purpose of this subsection is to allow for recreational use and subdivision of lands outside of road service areas where road access to a proposed remote subdivision is not practicable given the size of the subdivision, the cost of subdividing, assessed value of the property, and the cost of providing access due to the location, topographical constraints, and terrain, and it is not the desire of the subdivider to have road access, and proposed access is via trails, creeks, rivers, or lakes by snowmobile, on foot, skis, dog team, off-road vehicle, boat, railroad, or airplane. The following legal and physical access requirements apply:
(1) Legal access shall be provided for internal roads or trails to all parcels, and internal rights-of-way shall be a minimum of 60 feet wide. Legal access can be provided for by plat or by a recorded public use easement document, or other public access easement such as a section line easement.
(2) External legal access to a remote subdivision can be provided by any of the following and shall be a minimum of 100 feet wide for terrestrial access to accommodate reroutes of trails within the right-of-way or easement, excepting that for subdivisions of ten lots or less may be 50 feet wide:
(a) a navigable waterway;
(b) a float plane accessible lake;
(c) an airstrip as approved by applicable agencies including FAA, DOT, or other agencies; where an airstrip is used, a plat note shall be added that no maintenance or upgrades will be provided by the borough; or
(d) railroad.
(3) Private property rights. Access routes shall not trespass upon private lands, and shall avoid conflicts with adjoining and nearby private properties.
(4) Sufficient land area shall be dedicated for parking at the permanent public access point unless the applicant demonstrates that it is unnecessary to serve the proposed subdivision. Physical improvement shall be made to a required parking area to handle the average number of vehicles using the area at one time, to include clearing and grubbing, a base constructed of suitable soils, and grading and drainage improvements as necessary.
(5) Physical access.
(a) Internal access roads or trails shall be constructible. Internal and external physical trail access shall meet the following minimum standards:
(i) a minimum of ten feet wide;
(ii) avoid wetlands where possible;
(iii) be cleared and grubbed;
(iv) have hardened surface with a minimum of one-foot-thick gravel base or use existing soils where suitable as determined by an engineer;
(v) be shaped to drain;
(vi) provide drainage improvements such as culverts for water crossings and make grading improvements to avoid ponding in low areas:
(aa) when transiting across unavoidable natural features where improvements will be continually inundated by natural forces, a subdivider will not be required as a condition of plat approval to provide improvements that cannot be permanent due to natural circumstances. However, a subdivider must demonstrate why such areas are unavoidable, given the size of the subdivision, the expected disruption to access, and the cost of avoiding such disruption. Except that disruption which is expected to be so frequent as to render the access unusable for any significant part of a season will not be allowed;
(bb) where trails encounter large water crossings such as creeks and rivers and it is not feasible to install culverts or construct a bridge, an open water crossing will be allowed; provided, that it is approved by the agencies having jurisdiction over the waterway and stream bank stabilization improvements are installed where needed;
(vii) for transit across wetland or marshy conditions, installation of approved matting shall be allowed to be substituted for a hardened surface as specified above.
(6) All subdivisions under this section shall have a plat note which reads:
The borough is not responsible for maintenance or upgrades of any access improvements to parcels created under this provision.
(H) DNR remote recreational projects. The purpose of this section is to specify the legal and physical access requirements for parcels created under the Alaska Department of Natural Resources (DNR) Remote Recreational Land Disposal Program(s) and only these standards shall apply. This program typically consists of large staking area of state land where selected entrants stake their own parcel within the staking area which is subsequently surveyed and conveyed to the entrants by the state.
(1) Preliminary plat approval. The DNR shall submit a preliminary plat application to the platting officer for review and approval by the platting board containing the following:
(a) boundary of the proposed staking area;
(b) proposed external winter and/or summer access, vehicle parking, and staging areas to the staking area;
(c) the maximum number of proposed parcels; and
(d) identify a proposed main trail or means of access through the staking area from the access point or points.
(i) If a trail is the main access within the staking area, it shall be within a 60-foot-wide right-of-way.
(2) Final plat submittal and approval.
(a) The final plat for this section shall conform with provisions of MSB 43.15.051 through 43.15.055.
(b) The final location of the main trail or access through the staking area may be adjusted by the petitioner from the location shown on the preliminary plat.
(c) A plat note shall be added stating the borough is not responsible for maintenance or upgrades of any access improvements to parcels created under this provision.
(I) Replatting remote recreational parcels. The provisions of this section shall apply to the subdivision of parcels created under DNR land disposal programs including Remote Parcel, Open to Entry (AS 38.05.077), Homesteads (AS 38.09) and Remote Recreational land programs.
(1) Said parcels may be subdivided into not more than three lots with each having a minimum lot size of two and one-half acres.
(2) Lots created herein are exempt from other legal and physical access provisions contained within this code.
(3) In lieu of a usable area report, a note shall be placed on the plat that wastewater disposal systems shall comply with ADEC regulations.
(Ord. 22-103, §§ 11 – 13, 2022; Ord. 17-033, § 30, 2017: Ord. 16-018, § 25, 2016; amended during 4/15 supplement; Ord. 11-072, § 3 (part), 2012)
43.20.120 LEGAL ACCESS.
(A) The applicant shall provide the platting division a right-of-way document verifying the existence of legal access. In this title, legal access exists only if one of the following is met:
(1) An unrestricted, public right-of-way connects the subdivision to a constructed public transportation system and one of the following is met:
(a) The applicant’s land surveyor submits to the platting division for review and approval documentation and an opinion demonstrating that the right-of-way exists; or
(b) The applicant provides copies of borough-accepted recorded conveyances creating the public easement or right-of-way where the access is located, or that access or right-of-way is maintained by the state of Alaska or an incorporated municipality; or
(c) The applicant provides documentation satisfactory to the borough demonstrating the legal access is guaranteed through judicial decree;
(2) The right-of-way is an easement or fee interest at least 50 feet in width dedicated or irrevocably conveyed to the public.
(B) The applicant proves that the proposed access can be constructed practically and economically within the legal access documented.
(Ord. 22-103, § 14, 2022; Ord. 17-033, § 31, 2017: Ord. 15-036, § 23, 2015: Ord. 11-072, § 3 (part), 2012)
43.20.130 MAJOR ROAD CORRIDORS.
(A) Subdivisions of any lots abutting or within 100 feet of a national, state, or borough road classified as a highway or arterial road in the MSB Long Range Transportation Plan or its future updates are subject to the provisions of this section.
(B) The distance between direct accessways onto national, state, or borough roads classified as highways or arterial roads shall be maximized and shall be 650 feet or greater when measured at centerline unless preexisting conditions and preexisting nonconforming lots do not allow. Access shall be by collector street, frontage road, or shared driveways, where feasible. A property adjacent to a road described in subsection (A) of this section shall not be denied access where an existing road or driveway causes an access to have less than 650 feet of separation.
(C) Variances may be granted in the interest of public safety and in those cases where preexisting legal nonconforming lots of record cannot comply with the standard after good faith negotiation with adjacent property owners has failed to provide a shared access that would conform to the standards of this chapter. Variances will maintain the greatest possible distance between access points. Variances may be granted to allow shared access to multiple contiguous pre-existing legal nonconforming lots subject to the same criteria listed for individual lots.
(Ord. 17-033, § 32, 2017)
43.20.140 PHYSICAL ACCESS.
(A) Roads used for access and internal circulation shall:
(1) conform to the existing requirements of the Subdivision Construction Manual; and
(2) be located entirely within dedicated or legal rights-of-way; and
(a) Prior to recordation, a surveyor’s sealed drawing shall be submitted showing traveled ways within existing or proposed rights-of-way and any slopes steeper than 2.5 to 1 that extend beyond the right-of-way limits.
(b) A centerline profile shall be provided for those sections of streets exceeding 6 percent grade.
(Ord. 17-033, § 54, 2017: Ord. 11-072, § 3 (part), 2012)
43.20.280 Area. [Repealed by Ord. 15-036, § 24, 2015]
43.20.281 AREA.
(A) Unless designated otherwise by another authority having jurisdiction, minimum lot sizes shall be as follows:
(1) Except as allowed under subsections (A)(2), (3), and (4) of this section, all lots within this district shall contain at least 40,000 square feet of area with at least 10,000 square feet of usable building area and 10,000 square feet of contiguous usable septic area. Lots having 20,000 square feet or less of the total of usable building area and usable septic area shall have 10,000 square feet of contiguous usable septic area surrounded by a well exclusion area extending 100 feet from the perimeter, delineated and reserved on the plat at the discretion of the platting board.
(a) Usable septic area is that area where seasonal high water table is a minimum of eight feet below the surface. Where water is encountered at ten feet or less below the surface, the seasonal high subsurface water is to be determined between May 1st and October 30th, and:
(i) that area where slopes are less than 25 percent;
(ii) that area which is more than 100 feet from open water, surface waters, and wetlands;
(iii) that area which is located at least 50 feet from the top of a slope which is greater than 25 percent and has more than ten feet of elevation change;
(iv) that area which is not within an area dedicated to public use;
(v) that area which is outside of utility or other easements that would affect the use of the areas for on-site septic installation;
(vi) that area which is outside of a protective well radius;
(vii) that area which is outside of any known debris burial site; and
(viii) [Repealed by Ord. 17-033, § 55, 2017]
(b) Water table and ability of soils to accept effluent shall be determined by a number of borings or test holes sufficient to indicate subsurface conditions over the entire area of the subdivision. All of the borings and test holes shall be located within the perimeter of the proposed subdivision. Borings and test holes must have the following minimum depths below the ground surface:
(i) in areas known or suspected to contain permafrost, the lesser of:
(aa) twenty feet deep; or
(bb) a depth at which permafrost or an impermeable layer is encountered; and
(ii) the least depth associated with the following conditions, where they apply:
(aa) two feet below the depth where the water table is encountered;
(bb) twelve feet deep for shallow trench or bed systems;
(cc) sixteen feet deep for areas where deep trench or seepage pits will likely be used;
(dd) the depth to bedrock, clay, or other impermeable strata with an expected percolation rate slower than 120 minutes per inch; or
(ee) As determined by the engineer, a lesser depth as required to verify usable areas is acceptable for hand-dug excavations on parcels with limited or no access for heavy equipment.
(c) The minimum number of test holes shall be determined by the engineer.
(d) When the water table is encountered in the test holes, the depth to the seasonal high water table must be determined by:
(i) monitoring test holes or soil borings at times between May and October (inclusive);
(ii) soil mottling or staining analyses;
(iii) interpretation of levels of standing open water;
(iv) local knowledge and experience, if approved by the borough; or
(v) a combination of these methods.
(e) The depth to any seeps must be noted and may require subsequent monitoring.
(f) Soils in a usable wastewater disposal area must be:
(i) clearly shown to be visually classified as GW, GP, SW, or SP under the Unified Soils Classification System and expected to have a percolation rate of 15 minutes per inch or less (faster);
(ii) clearly shown to be GM or SM under the Unified Soils Classification System by a sieve analysis; or
(iii) shown by a percolation test conducted in accordance with (ADEC) Alaska State Department of Environmental Conservation regulations to have a percolation rate of 60 minutes per inch or less (faster).
(g) These borings or test holes shall be accomplished under the direct supervision of a state of Alaska registered civil engineer, who shall submit soil logs and other findings in writing to the Matanuska-Susitna Borough certifying 10,000 square feet of contiguous usable area for septic drain field use.
(h) Where lots, tracts, or parcels exceed five acres in size, the platting authority may accept a reduced number of test holes or other supporting information, accomplished under the direct supervision of a state of Alaska registered engineer.
(i) The platting authority shall exempt the submission requirements of MSB 43.15.016(A)(6) for purposes of fulfilling usable area requirements for subdivisions of land where:
(i) the lot size is 400,000 square feet or greater and an engineer or land surveyor submits a detailed topographic narrative; or
(ii) the existing subdivision was previously approved by the Alaska State Department of Environmental Conservation or by the Borough after July 1, 1996, and the proposed subdivision action is limited to moving one or more lot lines, provided the aggregate square footage affected is 2,000 square feet or less.
(2) Lots containing at least 20,000 square feet but less than 40,000 square feet must be serviced by an approved municipal or community water or municipal or community septic system. The platting authority may approve lots having at least 20,000 square feet, provided each lot is serviced by an approved municipal or community water system or municipal or community wastewater system. A community wastewater disposal system shall include a common wastewater disposal site on separate lot(s) that serves the entire subdivision.
(a) Lots containing at least 20,000 square feet but less than 40,000 square feet not served by an approved municipal or community septic system must have a minimum 10,000 square feet of usable septic area and are exempt from the usable building area requirement.
(3) The platting authority may approve lots having less than 20,000 square feet but at least 7,200 square feet if served by a community or municipal water system and community or municipal sewage disposal facilities.
(4) For those areas not served by municipal sewer and water, lots less than 20,000 square feet must be approved by a planned unit development as authorized by MSB 17.36.
(B) Within jurisdictions having authority, minimum lot sizes and dimensions shall be those established under or pursuant to the applicable provisions of MSB Title 17; however, where a size or dimension has not been established under or pursuant to MSB Title 17, the applicable provision of this title applies.
(C) If a condemnation by a governmental agency reduces the area of a lot below the minimum required by this section, the area after condemnation shall be the minimum area required for that lot if that lot met the minimum requirements before the condemnation and the resulting area after the condemnation is not less than 80 percent of the minimum required.
(D) Exclusive of open space, lots designated or dedicated for a public or utility purpose with no on-lot sewer shall have no minimum lot size but shall have restrictions, requirements, designations, or dedications noted on the plat.
(E) Open space incentive. The intent of this subsection is to support the goals, policies, and objectives of the Matanuska-Susitna Borough Parks, Recreation, and Open Space Plan.
(1) Minimum individual lot area may be reduced up to 25 percent by the dedication of an equal area of usable open space within the subdivision; provided, that:
(a) Each non-open space lot, in which the lot area was reduced, has 10,000 square feet of contiguous usable septic area delineated on the plat, unless served by a municipal or community wastewater system;
(b) The open space area is connected by public access, or is attached to an existing open space or greenbelt area that has public access. If it is proposed to attach to an existing open space or greenbelt area, the access must be in an area that is feasible for the intended use; and
(c) Open space shall be irrevocably dedicated to the municipality or borough, or irrevocably dedicated to the subdivision owners.
(d) Open space may only be resubdivided provided the aggregate change is 2,000 square feet or less and does not conflict with previously approved platting board conditions.
(2) Additional nonusable area may be attached to the usable open space area, but shall not be used for calculations in the reduction of lot size.
(3) Open space area is exempt from lot configuration; however, the minimum width of any open space area shall be a minimum of 20 feet.
(4) Usable open space area shall be a minimum of 30,000 contiguous square feet.
(a) Usable open space area has a seasonal high groundwater table no closer than two feet below the surface, and is outside of existing or proposed utility, slope, or public use easements and does not include any other existing or proposed easements that would normally disturb the natural vegetative state.
(5) The proposed open space area shall connect to adjacent open space areas when prudent and feasible.
(6) Open space area shall be delineated and identified on the plat.
(7) Community wells and community septic systems shall not be allowed on open space dedicated to a municipality or the borough but are allowed in open space areas if accepted by the subdivision owners. Protective well radii may be allowed in open space areas.
(Ord. 22-103, § 15, 2022; Ord. 17-033, § 55, 2017; Ord. 16-018, §§ 26, 27, 2016; Ord. 15-036, § 25, 2015)
43.20.300 LOT AND BLOCK DESIGN.
(A) The length of a block shall be not less than 400 feet, no more than 3,000 feet, or less than 800 feet along collector or arterial roads.
(B) No lot under 2 acres in size shall have an average depth of more than 3 times the average width, except:
(1) Lots of 40,000 square feet minimum shall have an average width of at least 125 feet when they exceed the 3-to-1 ratio due to unusable area or natural ground slope exceeding 25 percent;
(2) Lots of 20,000 square feet minimum shall have an average width at least 85 feet when they exceed the 3-to-1 ratio due to unusable area or natural ground slope exceeding 25 percent grade.
(C) Lots 2 acres to 10 acres may have an average depth of no more than 4 times its average width.
(1) Lots 2 to 10 acres shall have an average width of at least 125 feet when they exceed the 4-to-1 ratio due to unusable area or natural ground slope exceeding 25 percent.
(D) [Repealed by Ord. 17-033, § 34, 2017]
(E) Flag lots.
(1) Flag lots are defined in MSB 43.05.005 and further defined as having a pole portion which is 100 feet wide or less.
(2) The pole portion of flag lots shall:
(a) not be included in the usable area calculations;
(b) not be included in the depth-to-width ratio;
(c) not exceed a length of 2,640 feet.
(3) Utility easements and utilities shall be located outside of the length of the flag pole portion of the lot:
(a) excepting where the flag pole is greater than 75 feet wide to accommodate utilities.
(4) When served by road access, multiple flag lots within the proposed subdivision with pole portions adjoining shall:
(a) share a common access point to the road at the road right-of-way line;
(b) be overlaid with a common access easement as outlined in the current Subdivision Construction Manual, or with a public use easement. Public use easements shall be granted over the width of the pole portion and shall extend into the flag portion an adequate distance to provide for a turnaround designed to Subdivision Construction Manual standards;
(i) applies to lots greater than three acres;
(c) be served by a public use easement created to provide sufficient access to subject parcels when a common access point is a requirement for subdividing.
(5) For flag lots containing three acres or less, the minimum pole portion width is:
(a) thirty feet where two or more pole portions are adjoining;
(b) forty feet for a single pole portion;
(i) forty-five feet of frontage if access is onto a cul-de-sac.
(6) For lots greater than three acres, the minimum pole portion width is:
(a) thirty feet where two or more pole portions are adjoining;
(i) forty-five feet of frontage if access is onto a cul-de-sac;
(b) sixty feet for a single pole portion.
(7) Flag lots are limited to ten percent of the total number of lots for any subdivision of 60 or more lots, up to a maximum of ten flag lots, and no more than six lots for a subdivision of less than 60 lots. The calculated amount shall be rounded to the greater number in case of a fraction of 0.5 or greater, and rounded to the lesser number in case of a fraction of less than 0.5.
(Ord. 22-103, § 16, 2022; Ord. 17-033, §§ 33 – 35, 2017; Ord. 16-018, § 28, 2016: Ord. 15-036, § 26, 2015: Ord. 11-072, § 3 (part), 2012)
43.20.320 FRONTAGE.
(A) Exclusive of flag lots, lots shall contain a minimum of 60 feet of frontage, unless located on a cul-de-sac, in which case the minimum frontage may be 45 feet.
(B) Frontage for flag lots is pursuant to MSB 43.20.300(E).
(Ord. 17-033, § 36, 2017: Ord. 15-036, § 27, 2015: Ord. 11-072, § 3 (part), 2012)
43.20.340 LOT DIMENSIONS.
(A) Lots adjacent to a watercourse or body of water shall be a minimum of 125 feet in width at the waterline, as measured directly between property corners at the waterline, or a minimum of 85 feet in width if community sewerage is provided to the lot.
(1) For flag lots where water is the only legal access, water body frontage is pursuant to MSB 43.20.300(E).
(Ord. 17-033, § 39, 2017: Ord. 15-036, § 28, 2015: Ord. 11-072, § 3 (part), 2012)