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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:
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Sketch plans and ideas regarding land use, street
and lot arrangement, tentative lot sizes; and
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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:
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Check to determine if subdivision is in conformance
with existing zoning regulations.
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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.
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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:
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Town Engineering for review of existing and proposed
conditions data relating to streets, drainage, flood control,
and utilities.
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Director of Planning and Community Services for
review of conformance to general plan, current and proposed
zoning.
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Director of Public Works for review of maintenance
or operational considerations, traffic circulation pattern,
and potential traffic hazards.
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Fire Chief for review of access routes.
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Local postmaster for information.
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County Engineer and County Zoning Administrator
if proposed subdivision abuts Graham County.
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The Town Attorney for review of conformance to the
Code.
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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:
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0-100
lots -- $300.00 plus 2.00 cents per lot, tract or apartment.
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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:
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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.
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Name, address and phone number of land owner and
the subdivider.
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Name, address and phone number of engineer, surveyor,
landscape architect or land planner preparing the plat, including
registration number if registered.
- North point, scale, and date or
preparation, including dates of any subsequent revisions.
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Name, book and page numbers of adjacent subdivisions
or the names of record owners of adjoining parcels of unsubdivided
land.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Designation of all land to be dedicated, provided,
or reserved for public or semi-public uses, with use indicated.
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Reference by note to source of proposed electric,
gas and telephone service.
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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.
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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.
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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.
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Storm Water Disposal (See Drainage Section)
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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.
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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.
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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.
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The subdivider should provide Town Engineering with
information as to the method whereby streets and their improvements
are proposed to be financed.
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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
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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.
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If the Commission finds that the plat requires revision,
the plat shall be held over pending revision, resubmittal,
processing, and rescheduling for hearing.
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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:
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The basic conditions under which preliminary approval
of the preliminary plat is granted will not be changed prior
to expiration date.
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Approval is valid for a period of twelve months
from date of Commission action.
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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.
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County
Assessor's Office
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Utilities
Department
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Public
Works Department
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State
Highway Department (when the plat abuts a State highway).
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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:
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A title, which includes the name of the subdivision
and its location by section, township, range, and county.
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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.
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Scale (written and graphic), north point and date
of plat preparation.
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Location and description of cardinal points to which
all dimensions, angles, bearings, and similar data on the
plat shall be referenced.
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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.
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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.
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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.
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All drainage ways shall be shown on the plat.
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The location, width and use of all public or private
utility easements shall be noted.
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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.
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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.
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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.
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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.
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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
____.
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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.
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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.
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Acknowledgment of Dedications: Execution of dedication,
acknowledged and certified by a notary public.
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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.
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Space for approval by the Council under the signature
of the Mayor and attested by the Town Clerk.
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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.
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Assurance Statement as follows:
Assurance
in the form of a ________________ has been deposited with
the Town to guarantee construction of the required subdivision
improvements.
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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.
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The limit of the Floodplain if any portion of the
land being subdivided is within the Floodplain.
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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
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Any other information required by the American Land
& Title Association or applicable Arizona Department of
Real Estate Laws.
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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 Towns 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.
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