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Subdivision Regulations

ARTICLE 29-27 SUBDIVISION PROCEDURES AND REQUIREMENTS

Section 29-27-1   Step One  Pre-Application Conference

The pre-application conference stage of subdivision planning comprises an investigatory period which precedes actual preparation of preliminary plans by the subdivider.  During this stage, the subdivider makes known his intentions to the Department and is advised of specific public objectives related to the subject tract and other details regarding platting procedures and requirements.

During this stage, it may be determined that a change in zoning would be required for the subject tract or part thereof, and in such case the subdivider shall initiate the necessary rezoning application.

In carrying out the purposes of the pre-application stage, the subdivider and the Department shall be responsible for the following actions.

Actions by the Subdivider:

The subdivider shall meet informally with the Department to present a general outline of his proposal, including but not limited to:

  1. Sketch plans and ideas regarding land use, street and lot arrangement, tentative lot sizes; and

  2. Make tentative proposals regarding water supply, sewage disposal, irrigation (if any), surface drainage, flood hazard, and street improvements.

Actions by the Department:

The Department will discuss the proposal with the subdivider and advise him of procedural steps, design and improvement standards, and general plat requirements.  Then, depending upon the scope of the proposed development, the Department will proceed with the following investigations:

  1. Check to determine if subdivision is in conformance with existing zoning regulations.

  2. Determine the relationship of existing or proposed school sites, parks, and other public spaces in the  subdivision of any adopted or proposed general or master plan of schools, parks, and recreation areas.

  3. Determine relationship of the subdivision to any adopted or proposed Town plan, development master plan, or neighborhood plan that embraces the subject subdivision.

Section 29-27-2   Step Two - Preliminary Plat Review

The preliminary plat state of land subdivision includes detailed subdivision planning, submittal, review and approval of the preliminary plat by the Commission.  Application for approval of the preliminary plat is made to the Planning Department.  To avoid delay in processing his/her application, the subdivider should provide the Department and the Commission with all information requested herein.

The subdivision shall be designed to comply with the requirements of the specific zoning district within which it is located.  In the event that a change of zoning is necessary, the zoning application and subdivision may be processed concurrently, but in no event will the preliminary plat be heard by the Commission until the change of zoning is adopted by the Council.

The subdivider (or his/her engineer) shall submit ten (10) copies of the preliminary plat, one 8 ½" x 11" copy of the plat and required supporting data (including application form) to the Department at least twenty-five (25) working days prior to the regular Commission meeting at which the applicant desires to be hear.  However, the plat will not be scheduled to be heard unless it contains all of the required information and responses have been received from all the department s that the preliminary plat is in satisfactory form.  Scheduling of a plat for a Commission hearing will be dependent upon adequacy of data presented and completion of review by all department concerned.  The subdivision files will be available for examination by the developer or his representative in the office of the Planning Department by prearranged appointment.

The information herein required as part of the preliminary plat submitted shall be shown graphically or by note on plans, or by letter, and may comprise several sheets showing various elements or required data.  All mapped data for the same plat shall be drawn at the same standard engineering scale, said scale being not greater than 100 feet to an inch.  Whenever practical, scales shall be adjusted to produce an overall drawing not exceeding 24" x 36" in size.  The preliminary plat shall be prepared by a professional engineer or land surveyor registered to practice in the State of Arizona.

The department shall distribute copies of the plat to the following reviewing offices:

  1. Town Engineering for review of existing and proposed conditions data relating to streets, drainage, flood control, and utilities.

  2. Director of Planning and Community Services for review of conformance to general plan, current and proposed zoning.

  3. Director of Public Works for review of maintenance or operational considerations, traffic circulation pattern, and potential traffic hazards.

  4. Fire Chief for review of access routes.

  5. Local postmaster for information.

  6. County Engineer and County Zoning Administrator if proposed subdivision abuts  Graham County. 

  7. The Town Attorney for review of conformance to the Code.

  8. Others as deemed necessary by the Director of Planning and Community Services.

Before hearing by the Commission, the preliminary plat may be scheduled for review by the Technical Advisory Committee.  The purpose of this Committee is to resolve, with all affected parties, technical problems with the proposed subdivision before hearing by the Commission.  The developer and his representatives will be invited to attend together with representatives of the aforementioned reviewing offices.

The following fee schedule shall apply to the filing of preliminary subdivision plats with the Town of Thatcher Planning Department with no provision for refund:

  1. 0-100 lots -- $300.00 plus 2.00 cents per lot, tract or apartment.

  2. 101 lots and over -- $300.00 plus 2.00 cents per lot, tract or apartment for the first 100 lots, tracts, or apartments and 1.50 cents for each lot, tract or apartment over 100.

Section 29-27-3   Information Required on Preliminary Plats

All preliminary plats shall contain the following information obtained from a field survey:

  1. Proposed name of subdivision and its location by section, township and range;  small scale vicinity map showing relative location of the plat; reference by dimension and bearing to section corners and quarter section corners, and subdivision boundaries clearly identified.

  2. Name, address and phone number of land owner and the subdivider.

  3. Name, address and phone number of engineer, surveyor, landscape architect or land planner preparing the plat, including registration number if registered.

  4. North point, scale, and date or preparation, including dates of any subsequent revisions.
  5. Name, book and page numbers of adjacent subdivisions or the names of record owners of adjoining parcels of unsubdivided land.

  6. Existing and proposed contours established by field survey relating to USGS survey datum, or other datum approved in writing by Town Engineering, to be shown on the same map as the proposed subdivision layout.  Location and elevation of the bench mark used should also be shown on the plat.  Acceptable contour interval; grades up to 5%, 2 feet; 5% to 10% grades, 5 feet; grades over 10%, 10 feet.  For developments of five (5) acres or more the developer is required to submit black and white aerial photos of proposed area, including contiguous streets and drainage channels.

  7. Location by survey of streams, washes, canals, irrigation laterals, private ditches, culverts, lakes or other water features, including direction of flow and water level elevations, and location and extent of areas subject to inundation and whether such inundation is frequent, periodic or occasional.  If any portion of the land subdivided is below the elevation of the delineated Floodplain of such flood and/or of the floodplain shall be shown.

  8. Whenever any stream or important surface drainage course is located in the area being subdivided, provision shall be made for an adequate easement along each side of the stream or drainage course for the purpose of widening, deepening, realigning, improving, or protecting the stream for drainage purposes.

  9. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent building, railroad rights-of-way and other important features such as section lines, political subdivision, or corporation lines and school district boundaries.

  10. Existing sewers, water mains, culverts, or other underground structures within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated. Where sewers or water mains are not immediately adjacent thereto give direction and distance to nearest such usable utility.

  11. Location, width and names of proposed streets, alleys, drainage ways, crosswalks and easements including all connections to adjoining platted or unplatted tracts. 

    A statement as to the type and extent of proposed improvements should appear on the face of the plat.

  12. Lot layout, including minimum building lines related to all streets; lot numbers, and approximate dimensions and area of proposed lots.  A non-access easement shall be provided on all residential lots adjoining an arterial street.

  13. Designation of all land to be dedicated, provided, or reserved for public or semi-public uses, with use indicated.

  14. Reference by note to source of proposed electric, gas and telephone service.

  15. If plat includes land for which multi-family, commercial or industrial use is proposed, such areas shall be clearly designated together with the existing zoning classification, present district boundary lines and status of any pending zoning change.

  16. Sewage Disposal:  It shall be the responsibility of the subdivider to furnish the Town of Thatcher such evidence that the Town may require for its satisfaction as to design and operation of sanitary sewage facilities proposed.  A statement as to the type of facilities proposed shall appear on the preliminary plat.

  17. Water Supply:  It shall be the responsibility of the subdivider to furnish Town Engineering such evidence as that Department may require for their satisfaction as to the facilities for supplying domestic water.  A statement as to the type of facilities proposed shall appear on the preliminary plat.

  18. Storm Water Disposal (See Drainage Section)

  19. Irrigation:  If lots are proposed to be irrigated, all easements, the preliminary location of valves, and the tentative line of the underground pipe should be shown.

  20. The right is reserved to disapprove any subdivision which is subject to periodic flooding or which contains extremely poor drainage facilities.  However, if the subdivider agrees to make improvements which will in the opinion of the Town of Thatcher make the area safe for residential occupancy, the subdivision may be considered for approval.

  21. The subdivider should confer with the Commission regarding the type and character of development that will be permitted in the subdivision and may agree as to certain minimum deed restrictions to be placed upon the property to prevent the construction of sub-standard buildings, control the type of structure or the use of the lots, which, unless so controlled, would clearly depreciate the character and value of the proposed subdivision and adjoining property.  These deed restrictions or covenants may include provision for the creation of a Property Owner's Association or Board of Trustees for the proper protection and maintenance of the subdivision in the future, provided, however, that such deed restrictions or covenants should not contain reversionary clauses wherein any lot shall return to the subdivider because of a violation thereon of the terms of the restrictions or covenants.

  22. The subdivider should provide Town Engineering with information as to the method whereby streets and their improvements are proposed to be financed.

  23. Fire Hydrants:  The type, number and location of fire hydrants shall be shown on the preliminary plat.  Subsequently submitted domestic water distribution plans shall show connections of fire hydrants.

Section 29-27-4       Preliminary Plat Approval

  1. If satisfied that all objectives of this Ordinance have been met, the Commission may approve the preliminary plat, and if approved a notation of approval shall be stamped on two copies of the plat, one being returned  to the subdivider and one retained in the permanent file of the Department.

  2. If the Commission finds that the plat requires revision, the plat shall be held over pending revision, resubmittal, processing, and rescheduling for hearing.

  3. If a plat is rejected, the new filing of a plat for the same tract, or any part thereof, shall follow the aforementioned procedure and be subject to the required fee.

Section 29-27-5       Significance of Preliminary Approval

Preliminary approval constitutes authorization for the subdivider to proceed with preparation of the final plat and the engineering plans and specifications for public improvements.  Preliminary approval is based upon the following terms:

  1. The basic conditions under which preliminary approval of the preliminary plat is granted will not be changed prior to expiration date.

  2. Approval is valid for a period of twelve months from date of Commission action.

  3. Preliminary approval may, upon written application to the Commission by the subdivider, be extended for an additional twelve-month period if in the opinion of the Commission there is no change in conditions within or adjoining the preliminary plat that would warrant a revision in the design of the original preliminary plat.

Section 29-27-6       Step Three, Final Plat

The final plat stage includes submittal, review and approval of the final plat and improvements required by the Council and recording of the plat with the County Recorder.  Application for approval of the final plat is made to the Planning Department.  Improvement plans prepared by the Subdivision Engineer for roads, drainage, utilities and other related improvements must be submitted for review with the final plat. 

The Subdivision Engineer shall submit one sepia copy of the plat to the utility agency or agencies, concerned with the installation of utilities within the subdivision.  The sepia shall be submitted to the aforementioned at least 15 working days prior to the submittal of the final plat to the Department.  The Subdivision Engineer must state that utility service is to be underground.  One copy of the plat will be returned directly to the Subdivision Engineer and the Department with any required additions or corrections noted thereon from all utility companies and the irrigation district having jurisdiction.

The final plat and improvement plans prepared by the Developer and Subdivision Engineer shall comply with the special conditions of approval, inspection, and standards adopted by Thatcher Town Council Resolution.

The final plat shall conform to the approved preliminary plat and any stipulations attached thereto by the Commission.  One (1) mylar print and eight (8) paper copies of the final plat shall be filed with the Department.  The mylar copy shall bear the original signatures of the owner or owners and be duly acknowledged.  The final plat application form, the final plat filing fee of $3.00 per lot, tract, or apartment with a minimum charge of $100.00 and a letter of application addressed to the Council and requesting their approval shall accompany the final plat.  This letter shall indicate the name and address of the subdivider and the party responsible for preparing the plat.

The fee for recording the final plat and accompanying deed restrictions shall also be submitted with the final plat.  If the recording fee is submitted in the form of a check, it must be made payable to the County Recorder.

The final plat shall be filed with the Department at least twenty-five (25) working days prior to the regular meeting at which the applicant desires to be heard by the Council.  Upon receipt of the final plat submittal, the department shall immediately check it for completeness and if it is complete obtain the necessary signatures on the required certificate.  If the final plat is not complete it will be immediately returned to the subdivider.

The final plat shall be drawn in ink on mylar or other approved material on a sheet not exceeding 24" x 36" in size.  Copies of the final plat shall be reproduced in the form of blueline or blackline prints on a white background.  The plat shall be drawn to an accurate scale of not more than 100 feet to an inch. The Town may require the plat to be submitted digitized in an appropriate format.

If the final plat is complete and conforms to the approved preliminary plat, it will be transmitted to all reviewing departments.  Upon receipt of the letters of approval from all departments concerned, the final plat will be forwarded to the Council for approval provided the reviewing departments certify that improvement plans required have been submitted and approved by their department.  When the final plat has been approved by the Council the final plat and the deed restrictions will be transmitted by the Clerk to the County Recorder's Office for recording.

The subdivider will be notified later of the date, book and page number of the recording by the Clerk of the Council.

If the final plat is not in conformance with the preliminary plat or stipulations attached thereto, it will be returned to the subdivider for compliance.

If additional information or changes are recommended by any of the reviewing department, a revised final plat must be submitted to the Planning Department.  Referral and scheduling of a revised final plat shall be the same as that required for the original final plat.  Plats not in satisfactory form to be considered by the Council will not be scheduled for a public hearing.

The Planning Department shall refer copies of the final plat submittal to the following reviewing offices who shall make known their recommendations in writing addressed to the Department.

  1. County Assessor's Office

  2. Utilities Department

  3. Public Works Department

  4. State Highway Department (when the plat abuts a State highway). 

  5. County Health Department.

The Planning Department shall assemble the recommendations of the various reviewing offices, prepare a concise summary of these recommendations and submit said summary together with the reviewer's recommendations at the next regular meeting of the Council.

Section 29-27-7       Information Required on the Final (Recorded) Plat:

The final plat shall contain the following information:

  1. A title, which includes the name of the subdivision and its location by section, township, range, and county.

  2. Name, registration number and seal of the Arizona registered land surveyor responsible for preparing the plat.

    2a. Name and registration number of the registered professional civil engineer responsible for the engineering that is necessary in preparation of the proposed subdivision.

  3. Scale (written and graphic), north point and date of plat preparation.

  4. Location and description of cardinal points to which all dimensions, angles, bearings, and similar data on the plat shall be referenced.

  5. Any excepted parcel(s) within the plat boundary shall be accurately described by bearings and distances.  Proper street and alley dedications adjacent to any proposed tracts or excepted parcels shall be provided by the subdivider by inclusion within the plat or by separate dedication noted on the plat.

  6. Boundaries of the tract to be subdivided fully balanced and closed, showing all bearings and distances determined by an accurate survey in the field.  All dimensions shall be expressed in feet and decimals thereof.  Corners of the plat should be noted and monuments found or set should be indicated;  each of two corners of the subdivision traverse shall be tied by course and distance to separate section corners or quarter section corners.  Portions of any contiguous property between major road intersections shall not be excluded from within the boundaries of the subdivision when needed or required for dedication or improvement of any traffic, drainage, or flood control facility.  Such areas may be indicated as excluded tracts after necessary dedications are shown.

  7. Names, centerlines, right-of-way lines, courses, lengths and widths of all public streets, alleys, crosswalks and utility easements; radii, points of tangency and central angles of all curvilinear streets and alleys, and radii of all rounded street line intersections.

  8. All drainage ways shall be shown on the plat.

  9. The location, width and use of all public or private utility easements shall be noted.

  10. Location and dimensions of all lots shall be shown.  Lot dimensions shall be indicated of at least one side lot line and either the front or rear lot line. In areas subject to flooding, minimum finished first floor elevations shall be shown as may be recommended by the appropriate authority.

  11. All lots shall utilize a block and lot numbering system or be numbered consecutively throughout the plat.  Exceptions, "tracts" and private parks shall be so designated, lettered or named, and clearly dimensioned.

  12. The accurate outline of all property which is offered for dedication for public use and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision.

  13. Name, Book and Page number of adjacent recorded subdivisions, with location of existing adjacent lots, easements and right-of-way shown, or notation "unsubdivided" where appropriate.  All proposed conditions shall be graphically differentiated from existing conditions on adjacent properties and on excepted parcels within the plat.

  14. Deed restrictions and/or trusteeships as approved by the Council and their period of existence shall be shown on the plat or reference to them made thereon.  If such restrictions are too long to be shown on the plat a copy of same shall be filed with the Town together with the record plat.  If said deed restrictions are to be recorded as separate instrument, space for cross-referencing to the deed restrictions shall be provided on the plat, to be completed by the County Recorder, e.g. "See Restrictions Recorded in Docket _____, Page ____.

  15. The record plat is to drawn at a scale of not more that 100 feet to an inch from an accurate survey.  If more than two sheets are required, a key map shall be shown on the first sheet or on a separate sheet.

  16. Dedications:  Statement of dedication of all streets and alleys for public use by the persons holding title by deed to the lands, by persons holding any other title of record, by persons holding title as vendees under land contract, and by spouses of said parties.  If land dedicated is mortgaged, the mortgagee shall also sign the plat.  Dedication shall include a written location by section, township and range.  Signatures must be witnessed.  If the plat contains private streets, provisions should be made for installation and maintenance of utilities and drainageways.  Easements shall be provided for purposes indicated.

  17. Acknowledgment of Dedications:  Execution of dedication, acknowledged and certified by a notary public.

  18. Certification by the Arizona registered land surveyor stating that plat that the plat is correct and accurate, that the monuments described in it have been located or established as described and the lot corners permanently set.

  19. Space for approval by the Council under the signature of the Mayor and attested by the Town Clerk.

  20. Building Lines:  Minimum building lines shall be shown on the street side of all lots intended for residential use or any character and on commercial or industrial lots immediately adjoining residential area.  Such building lines shall not be less than required by any zoning ordinance or building line regulations applying to the property.

  21. Assurance Statement as follows:

    Assurance in the form of a ________________ has been deposited with the Town  to guarantee construction of the required subdivision improvements.

  22. Where the subdivision contains a park, school or other public area which is shown upon the Town Plan or as recommended by the Commission such area shall be reserved for acquisition by the proper public agency within a period of one year after recording the final subdivision plats.

  23. The limit of the Floodplain if any portion of the land being subdivided is within the Floodplain.

  24. Certificate of County Assessor as follows:

    CERTIFICATE OF COUNTY ASSESSOR:  I, the undersigned as a Deputy County Assessor, Graham County, Arizona, do hereby certify that as of this date the records of this office reflect that _________ as designated on the plat is owner of the property as shown on the plat and more particularly described as Assessor's parcel number: _________________

    _____________________________                   _______________________

    County Assessor                                                       Date

  25. Any other information required by the American Land & Title Association or applicable Arizona Department of Real Estate Laws.

  26. Infrastructure construction plans will be submitted concurrently with the final plat submittal for review.  The Final Plat will not be approved until the infrastructure plans are approved.

Section 29-27-8       Replats

Any division of a lot in a recorded subdivision, or any change in lot lines in a recorded subdivision, shall be processed in accordance with Section    of these regulations, after a pre-application conference with the staff of the Department as provided in Step 1.

Any replat involving dedication of land for a public street shall comply with all procedures set forth in these requirements unless, at the discretion of the Planning Department Director after a Pre-application Conference, Step 2, the Preliminary Plat Stage, is waived.

If abandonment of a street, alley or public utility easement in a previously recorded subdivision is necessary, the replat of that area shall be processed concurrently with the abandonment and recorded immediately subsequent to the recordation of the abandonment.

Section 29-27-9       Abandonment of a Recorded Subdivision

Pursuant to provisions of Title 28, Chapter 14, Article 1, Subsections 28 - 1901 through 28 - 1908, ARS, the abandonment of all or part of a recorded subdivision may be initiated by written petition to the Council, said petition to be signed by all owners of real property in said subdivision requesting abandonment of all streets, alleys and easements within said subdivision and giving the legal description and recording information thereof.

Applications for abandonment are filed with the Planning and Community Services Director and referred for recommendation to the Town Staff concerned.  After approval of the abandonment of the streets, alleys and easements by the Council and upon recordation of the abandonment Resolution and a subsequent Town road map in the Town Clerk's Office, the subdivision is removed from official maps.

Section 29-27-10     Final Acceptance of Infrastructure and Improvements

All infrastructure (streets, sewer, street lights, curb, gutter, sidewalk, etc.) and/or other improvements (drainage structures, etc.) to be accepted into the Town’s system must be inspected by Town Staff and receive approval from the Town Council before it will be accepted by the Town for inclusion for maintenance or improvements.

As-built drawings will be submitted for review.  These must include signature blocks for the Town Engineer, Town Manager and Mayor.  The appropriate town staff will inspect all structures prior to approval and any deficiencies must be repaired before submittal to the Town Council.