Clarkston council adopts tighter rules for minor subdivisions, caps repeat splits at three years

Clarkston Town Council unanimously adopted Ordinance 25-01 at its meeting on Jan. 7, 2025, revising Title 11, Chapter 9 of the Clarkston Municipal Code to tighten conditions for minor subdivisions.

The ordinance, recommended by the town's planning commission and reviewed by the town attorney, requires any minor subdivision to result in no more than three parcels, to have frontage on existing improved streets and to be immediately adjacent to existing utilities. Council members said the change clarifies that minor splits cannot be created on dirt roads or where new rights-of-way would need to be dedicated as part of the split.

Adam, chair of the planning commission, told the council the changes appear in red in the draft and were intended to make the minor-subdivision code "a little more solid" and "robust." He described key edits: replacing hedged language like "should" with must, explicitly defining "improved streets" as paved public rights-of-way built to town specifications, and requiring new lot lines to align with the Clarkston Town Master Plan for roads, water and development.

Council members debated how long the town should restrict further minor subdivisions on the same parcel. The planning commission and town attorney had suggested longer periods to avoid "stacking" minor splits. After discussion the council agreed to change the draft from a four-year restriction to three years from submission of the original application.

Supporters said the stricter language protects the town's grid pattern and reduces the risk the town would become responsible for building infrastructure that a subdivider avoids by using the minor-subdivision shortcut. Council members also noted town roads that meet state class A/B requirements make the town eligible for annual state road funds. A council member estimated the town receives about $70,000 a year from the state for roads.

The ordinance text and the procedural changes were read into the record; a motion to adopt Ordinance 25-01 passed on a roll-call vote with all present voting aye. The town attorney had reviewed the changes before the vote, the council said.

What changed: the ordinance (1) limits minor subdivisions to no more than three parcels including the parent parcel; (2) requires frontage on existing improved (paved) streets built per town specifications; (3) requires adjacency to existing utilities; (4) disallows approval when the split would require dedication of street rights-of-way on the subdivided lots; (5) requires new lot lines to conform to the town master plan; and (6) establishes a three-year restriction on additional minor subdivisions of the same property without a full plat process.

The planning commission presented the recommendation and answered council questions. Council members asked about the potential for repeated use of the minor-subdivision process and whether requiring infrastructure would force applicants into the full subdivision process; commissioners said the ordinance is intended for limited, owner-initiated splits (for example, a parent splitting land for children) and that required infrastructure would trigger the full subdivision review.

The council approved the ordinance and the ordinance will take effect upon adoption and posting as required by law.

Ending: The council said the changes aim to preserve the town's character and public infrastructure while allowing modest, clearly defined lot splits. The master plan and road plan will continue to guide future development and grants for road funding.