17.56.065 Exemptions to road construction.
A. Lots 20 acres or larger in size do not require constructed road access to or within the subdivision. The applicant is required to demonstrate to the Borough Engineer that the proposed access can be constructed practically and economically within the legal access.
B. Communication sites and utility sites require no constructed road access.
Any lot created under this subsection shall require a plat note designating use of the lot as a communication/utility site only.
C. An applicant for a subdivision may apply for and may be exempted from the minimum road materials and construction standards of this title, provided all of the following are met:
1. The proposed subdivision creates two or fewer lots and is not in the City of Fairbanks or the city of North Pole; or the proposed subdivision creates three to five lots and:
a. Is not in the City of Fairbanks or the city of North Pole;
b. Is not in a fire service area;
c. Is not in a road service area;
d. Does not rely on roads maintained by a service area for its only access; and
e. Does not rely on roads maintained by a service area for access that is required by the subdivision plat or by other regulation or ordinance.
2. The applicant shall provide to the Platting Authority a road design which meets the requirements of Chapter 17.48 FNSBC and this chapter, demonstrating that the subdivision roads have been designed to allow future construction that meets the standards of this title in effect at the time of the preliminary approval.
3. If an established road exists and does not meet the definition of constructed road and is proposed for access to or within the subdivision, the following shall apply:
a. In the professional opinion of the Borough Engineer, the road is adequately drained and the roadbed is of stable material.
b. The trafficway width meets or exceeds the minimum requirements of a pioneer access road.
c. The road is within legal access.
4. If no established road exists for access to or within the subdivision, a road or roads shall be constructed to meet or exceed the minimum requirements of pioneer access roads.
5. A subdivision which is approved pursuant to this exemption is subject to all of the following requirements:
a. It shall not be eligible for inclusion in a road service area until a registered professional certifies that the roads sought to be included meet the minimum design, materials and construction standards in effect when the subdivision was preliminarily approved; except that a subdivision creating two or fewer lots is not subject to this subsection.
b. It shall contain a plat note with the disclosure containing essentially the following language:
Roads in and to this subdivision were not required to and may not meet the Borough’s minimum standards for materials and construction. To the extent these road standards have not been met, fire protection, ambulance and other public services may not be available year-around or their availability may be severely limited.
c. Where exempted roads intersect or connect with existing constructed roadways, landings shall be constructed with a minimum of a 30-foot length meeting the minimum standards for road materials and construction of this title unless the landing is within a state right-of-way, the City of Fairbanks, or the city of North Pole, in which case the landing shall meet the standards set forth by the managing authority.
d. A lot created under this subsection may not be further subdivided until such time as legal, constructed road access meeting the standards of this title is available to the boundary of the lot proposed to be further subdivided. (Ord. 2024-06 § 3, 2024; Ord. 2019-01 § 7, 2019.)