HomeMy WebLinkAboutORD137ORDINANCE NO.137
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,ADDING CHAPTER 2,APACHE JUNCTION,ARIZONA,
SUBDIVISION ORDINANCE TO THE CITY CODE OF APACHE JUNCTION (VOLUME
II)LAND DEVELOPMENT CODE PERTAINING TO THE SUBDIVISION OF
LANDS AS REQUIRED BY ARIZONA REVISED STATUTES S 9-463,AND
CONTAINING ARTICLES "ENACTMENT AND SCOPE OF REGULATIONS,""PLATTING
PROCEDURES AND REQUIREMENTS,""ADMINISTRATIVE SUBDIVISIONS -
LAND SPLITS,""SUBDIVISION DESIGN PRINCIPLES AND STANDARDS,"
"STREET AND UTILITY IMPROVEMENT REQUIREMENTS,""ADMINISTRATION,"
"DEFINITIONS,""REPEAL OF CONFLICTING ORDINANCE,"AND "PROVIDING
FOR SEVERABILITY";PROVIDING PENALTIES FOR THE VIOLATION THEREOF;
REPEALING OF CONFLICTING ORDINANCES;PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THAT:
SECTION I IN GENERAL
1.That certain document known as City Code of Apache Junction,
Arizona,(Volume II),Land Development Code,Chapter 2,Apache
anction,Arizona,Subdivision Ordinance hereinafter referred
to as Apache Junction,Arizona,Subdivision Ordinance,three
(3)copies of which are on file in the office of the City Clerk
of the City of Apache Junction,Arizona,which document was
made a public record by Resolution No.82-03 of the City of
Apache Junction,Arizona,is hereby added to the City Code
of Apache Junction,(Volume II),Land Development Code referred
to,adopted,and made a part thereof as i f fully set out in
this ordinance.
2.That certain document referred to as Apache Junction,Arizona,
Subdivision Ordinance,consisting of the following Articles:
Article I
Article I I
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Enactment and Scope of Regulations
Platting Procedures and Requirements
Administrative Subdivision -Land Splits
Subdivision Design Principles and Standards
Street and Utility Improvement Requirements
Administration
Definitions
Repeal of Conflicting Ordinances
Providing for Severability
SECTION I I PROVIDING PENALTIES FOR THE VIOLATION THEREOF
Any person,firm or corporation,whether as principal,owner,
agent,tenant,employee,or otherwise,who violates any provisions
of this ordinance or violates or fails to comply with any order
or regulation made hereunder,shall be guilty of a misdemeanor
and upon conviction thereof shall be punishable by a fine of
not more than one -thousand dollars ($1,000)or by a term not
exceeding six (6)months or by both such fine and imprisonment,
and each day's continuance of a violation shall be deemed a
separate offense.
SECTION III REPEAL OF CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the code adopted
herein by reference are hereby repealed.
SECTION IV PROVIDING FOR SEVERABILITY
I f any section,sub -section,sentence,phrase,clause,or portion
of this ordinance or any part of the code adopted herein by
reference is for any reason held to be invalid or unconstitutional
ORDINANCE NO.137
Page Two
by the decision of any court of competent jurisdiction,such
decision shall not affect the validity of the remaining portions
thereof.
V EMERGENCY CLAUSE
I t is necessary for the preservation of peace,health,and
safety of the city of Apache Junction,Arizona,that this ordinance
become effective immediately,an emergency is hereby declared
to exist,and this ordinance shall be effective immediately
upon passage and adoption.
PASSED AND ADOPTED by the Mayor and City Council of the City
of Apache Junction,Arizona,this 16th ,day of February
19 82.
ATTEST:
Kfthleen Connelly
City Clerk
APPROVED AS TO FORM:
vf'd F.Alexander
City Attorney
endell J.Clar6
Mayor
-
CITY CLERK'S OFFICE
COPY
DO NOT REMOVE
THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,
DO ORDAIN AS FOLLOWS:
CITY CODE OF APACHE JUNCTION,ARIZONA
VOLUME I I
LAND DEVELOPMENT CODE
CHAPTER 2
APACHE JUNCTION,ARIZONA
SUBDIVISION REGULATIONS
Date of Adoption:
Effective Date:
CHAPTER 2
SUBDIVISION REGULATIONS
SUBDIVISION REGULATIONS INDEX
ARTICLE I ENACTMENT AND SCOPE OF REGULATIONS
ARTICLE II PLATTING PROCEDURES AND REQUIREMENTS
ARTICLE III ADMINISTRATIVE SUBDIVISIONS - LAND SPLITS
ARTICLE IV SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
ARTICLE V STREET AND UTILITY IMPROVEMENT REQUIREMENTS
ARTICLE VI ADMINISTRATION
ARTICLE VII DEFINITIONS
ARTICLE VIII REPEAL OF CONFLICTING ORDINANCES
ARTICLE IX PROVIDING FOR SEVERABILITY
ARTICLE I
Section 1.00 ENACTMENT AND SCOPE OF REGULATIONS
Section 1.01
Section 1.02
Section 1.03
Section 1.04
Section 1.05
Section 1.06
Section 1.07
Section 1.08
Section 1.09
Section 1.10
Section 1.11
Section 1.12
Section 1.13
SHORT TITLE
STATEMENT OF LEGISLATIVE INTENT
APPLICATION - AUTHORITY FOR LOCAL REGULATIONS
RELATIONSHIP TO GENERAL PLAN
RELATIONSHIP TO ZONING ORDINANCE
RELATIONSHIP TO OFFICIAL MAPS
MINIMUM REQUIREMENTS
APPLICATION -GREATER RESTRICTIONS
PROHIBITION OF CIRCUMVENTION
COMPLIANCE WITH OTHER ORDINANCES AND LAWS
REFERENCE TO ANY PORTION OF THIS ORDINANCE
SEVERABILITY OF ANY PORTION OF THIS ORDINANCE
CONTINUATION OF PREVIOUSLY GRANTED PLATS
Section 1.01 SHORT TITLE
This ordinance may be referred to and cited as the "Apache Junction
Subdivision Regulations."
Section 1.02 STATEMENT OF LEGISLATIVE INTENT
This ordinance is adopted to provide for the orderly growth and har-
monious development of the city of Apache Junction,and to preserve,
protect and promote the public health,safety,convenience,and general
welfare.In its interpretation and application,the provisions of
this ordinance are intended to provide a common ground for undertaking
an equitable working relationship between public and private interests
to the end that both independent and mutual objectives can be achieved
in the subdivision of land.More specifically,this ordinance is
adopted in order to achieve the following objectives:
1)To aid in the implementation of the general plan of the
•city,which may be or is adopted,including elements thereof.
2)To provide lots of sufficient size and appropriate design
for the purposes for which they are to be used,including
livability.
3)To provide a coordinated street system having adequate capa-
city for the anticipated pedestrian and vehicular traffic
which would utilize i t and ensure that i t is designed and
designated to promote safe traff .ft circulation.
4)To prOvide for water supply,sewage disposal,storm drainage,
storm water retention,flood control,and other utilities
and facilities which may be required.
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5)To ensure and facilitate provisions for adequate school
sites,recreation areas,and other public facilities.
6)To accommodate new development in a manner which will
preserve and enhance the city's living environment and
create new beauty through skilled subdivision design.
7)To protect and enhance real property values.
8)To promote the conveyance of land by accurate legal de-
scriptions.
9)To promote logical procedures for the achievement of these
purposes.
10)To coordinate subdivision policies and regulations of the
city with those within the county in order to facilitate
transition from county to municipal jurisdiction of that
land which is developed first in unincorporated territory
and may be subsequently annexed into the city;and to
ensure unimpeded development of such new urban expansions
as is logical,desirable,and in accordance with the goals,
objectives,and policies of a city general plan.
Section 1.03 APPLICATION -AUTHORITY FOR LOCAL REGULATIONS
Pursuant to the powers and jurisdiction vested through Arizona Revised
Statutes,Title 9,Article 6.2,and other applicable laws,statutes,
ordinances,and resolutions of the state of Arizona,the regulations
hereinafter contained in this ordinance shall apply to all subdivisions
or parts of subdivisions hereafter made entirely or partially within
the corporate limits of Apache Junction.
Section 1.04 RELATIONSHIP TO GENERAL PLAN
A subdivision plat shall conform in all respects with applicable
regulations,including amendments thereto,of the Apache Junction
general plan (following its adoption).
Section 1.05 RELATIONSHIP TO ZONING ORDINANCE
A subdivision plat shall conform in all respects with applicable
regulations,including amendments thereto,of the Apache Junction
zoning ordinance.
Section 1.06 RELATIONSHIP TO OFFICIAL MAPS
A subdivision plat shall conform in all respects to the following:
1)Street Classification Plan as adopted by Ordinance No.38
and any amendments thereto.
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Section 1.07 MINIMUM REQUIREMENTS
In interpreting and applying the provisions of this ordinance,the
provisions shall be held to be MINIMUM requirements.
Section 1.08 APPLICATION -GREATER RESTRICTIONS
Where these regulations impose a greater restriction upon land im-
provement,development,or land use than is imposed or required by
existing provisions of law,ordinance,contract,or deed,these
regulations shall prevail.
Section 1.09 PROHIBITION OF CIRCUMVENTION
As provided in Arizona Revised Statutes 9-463.03,i t shall be unlawful
for any person,firm,corporation,partnership,association,syndicate,
trust,or other legal entity,for the purpose of circumventing any
of these regulations or otherwise,to offer to sell or lease,to
contract to sell or lease,or to sell or lease any subdivision or
part thereof,until a final plat thereof in full compliance with
provisions of this chapter is recorded in the office of the county
recorder of the county wherein the platted area lies;except that
this shall not apply to any parcel or parcels of a subdivision offered
for sale or lease,contracted for sale or lease,or sold or leased
in compliance with any law or subdivision regulation regulating sub-
division design and improvements of subdivisions in effect at the
time the subdivision was established.Nothing contained in these
regulations shall be construed as releasing a subdivider from full
compliance with the Arizona Revised Statutes,or the rules and regula-
tions of the Arizona Department of Real Estate Division,or the
requirements of other agencies pertaining to the establishment of
subdivisions.
Section 1.10 COMPLIANCE WITH OTHER ORDINANCES AND LAWS
Nothing in this ordinance shall be construed to authorize the use
of any lot or parcel of land in violation of this ordinance or any
other applicable statute,ordinance,regulation,or policy.
Section 1.11 REFERENCE TO ANY PORTION OF THIS ORDINANCE
Whenever reference is made to any portion of this ordinance or to
any other law or ordinance,the reference applies to all amendments
and additions now or hereafter made.
Section 1.12 SEVERABILITY OF ANY PORTION OF THIS ORDINANCE
If any provision of this ordinance be held invalid,such invalidity
shall not affect other provisions which can be given effect without
the invalid provision and,to this end,the provisions of this ordi-
nance are declared to be severable.
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Section 1.13 CONTINUATION OF PREVIOUSLY GRANTED PLATS
All subdivision plats heretofore lawfully existing within the corporate
limits of Apache Junction,or which may be annexed in the future,
and which were approved by the Pinal County or Maricopa County Board
of Supervisors shall be and are deemed to be approved,provided that
approval by the city shall be subject to all conditions established
whereby the plats were approved by Pinal or Maricopa County.
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ARTICLE I I
Section 2.00 PLATTING PROCEDURES AND REQUIREMENTS
Section 2.01
Section 2.02
Section 2.03
Section 2.04
Section 2.05
Section 2.06
Section 2.07
OUTLINE OF PLATTING PROCEDURES
PRE -APPLICATION CONFERENCE
DEVELOPMENT MASTER PLAN
PRELIMINARY PLAT
FINAL PLAT
INITIATION OF IMPROVEMENTS
FINAL INSPECTION AND ACCEPTANCE
OF IMPROVEMENTS
Section 2.01 OUTLINE OF PLATTING PROCEDURES
1.The preparation,submission,review and official action con-
cerning all subdivision plats proposed within the City of Apache Junction
shall proceed through the following progressive stages:
Stage I
Stage I I
Stage III
Stage IV
Stage V
Pre -Application Conference
Preliminary Plat
Final Plat
Initiation of Improvements
Final Inspection and Acceptance of Improvements
Section 2.02 PRE -APPLICATION CONFERENCE
1.Purposes
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 Subdivision Committee 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 a part thereof and,in such case,the
subdivider should consider initiating the necessary rezoning application.
During this stage,it may be determined that abondonment would be required
of existing public rights -of -way or easements and,in such case,the sub-
divider shall initiate the necessary abandonment application.
This stage of processing also affords the Committee the opportunity to give
informal guidance at a time when potential points of conflict can be most
easily resolved,subsequent relations improved,official action simplified,
and undue expense and delay are saved by the subdivider.
2.Actions Required
In carryingout the purposes of the pre -application stage,the subdivider
and the Committee shall meet informally and shall be responsible for the
following actions:
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a.By the Subdivider:
To present the proposal including,but not limited to sketch plans or
documents indicating:
1)Proposed general street layout and classification giving special
attention to neighborhood circulation and access to arterial and
collector streets.
2)Proposed location and extent of all types of land uses including
layout of lots,existing and proposed zoning in and adjacent to
the parcel,major drainage courses and existing easements of record.
3)Proposed method of sewage disposal,water supply,electric,
telephone,gas,fire hydrants,and storm drainage,including
relationship to existing or planned public systems.
4)Location of adjacent recorded or unrecorded subdivisions,and
legal description of the proposed site.
5)Proposed general location of schools,parks,and other public areas,
and information regarding tentative timing and method of acquistion
by the public,i f any.
The subdivider is requestedto provide five (5)copies of any sketch plans
and documents at least fifteen (15)working days in advance of the meeting
time which shall be arranged by the chairman of the subdivision committee
at the general convenience of the committee.
b.By the Subdivision Committee:
The committee will discuss the proposal with the subdivider and advise him
of procedural steps,design and improvement standards,general plat require-
ments,and other requirements necessary to obtain approval.In addition,
information by the committee shall include,but not be limited to:
1)Determine the existing zoning classification of the tract.I f a
zoning change is necessary,or desirable,advise the subdivider
of the neccessary procedures.
2)Determine whether all or part of the area is in a designated
flood -prone area.I f so,advise the subdivider of such and of
any special requirements that must be satisfied.
3)Review the projected impact on existing or proposed schools,parks,
and other public spaces.
4)Determine the proposal's relationship to major streets,utility
systems,adjacent land uses,and any unusual problems such as
topography,utilities,etc.
5)Determine the need and extent for preparation and review of a
development master plan prior to subsequent consideration of a
preliminary plat.Staff shall advise the subdivider of such
plan requirements,i f any,and to what extent the plan will be prepared
by the subdivider and by the staff.
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6)Review ownership of larger parcel and discuss development by
stages requirement.
7)Staff shall prepare a memorandum of understanding as a result
of any communications with the subdivider and shall provide
the subdivider with a copy.
Section 2.03 DEVELOPMENT MASTER PLAN
A development master plan (DMP)may be required to be prepared as a con-
dition precedent to submitting a preliminary plat.The decision by the
Committee to require a DMP may be appealed to the City Council.
The Committee shall consider the following in establishing the need for
and the preparation of a development master plan:
a.Criteria to determine need for a Development Master Plan
1)Whether the tract is sufficiently large to comprise an entire
neighborhood.
2)Whether the tract initially proposed for platting is only a
portion of a larger land holding of the subdivider.
3)Whether the tract is a part of a larger land area,the develop-
ment of which is complicated by unusual topography,utility,
land use,land ownership,or other conditions.
4)The entire land area considered in determining the need for a
development master plan need not be under the subdivider's
ownership or control.
5)Inpacts of substantial public rights -of -way and/or easements
to be abandoned as part of the subdivision process.
b.Preparation
The development master plan shall be prepared to no smaller scale than
one inch equals one hundred feet (1"=100')unless otherwise approved by
the Committee,and shall include:
1)General street pattern with particular attention to collector
streets and future circulation throughout the neighborhood.
2)General location and size of school sites,parks,or other public
areas.
3)Location of shopping centers,multiple family residential areas
and/or other proposed land uses.
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4)Methods proposed for sewage disposal,water supply,and storm
drainage.
5)List of data to include:
a.Gross and net acreages by different land usages,in-
cluding streets and tracts.
b.Proposed density (lots/acre -net and gross)
c.Lot count
c.Approval
Upon acceptance of the DMP by the Committee i t shall be scheduled for
City Council consideration.The approval of the DMP should be followed
by the preparation of preliminary plat (s).If development is to be in
phases,the DMP shall be submitted as supporting data for each phase.
The DMP shall be kept up-to-date by the subdivider and the planning
department as modifications occur.Whenever minor revisions of an approved
DMP is proposed,the subdivider shall discuss with and obtain approval
of the Committee prior to preparation and submission of any subsequent
preliminary or final plat.Major amendments shall be approved by the
City Council.
Section 2.04 PRELIMINARY PLAT
The preliminary plat stage of land subdivision includes detailed sub-
division planning,submittal,review,and approval of the preliminary
plat.To avoid delay in processing his application,the subdivider shall
provide the planning department with all information essential to determine
the character and general acceptability of the proposed development.
I.Intention and purpose
I t is the intention and purpose of the preliminary plat stage to provide
the potential subdivider the opportunity to:
a.Present to city officials for formal action the preliminary plat
of the proposed subdivision.
b.The subdivider be advised of the requirements necessary to obtain
final approval of the subdivision.
2.Zoning Requirements
The preliminary plat shall meet all requirements of the zoning classifica-
tion in which the proposed subdivision is located.I f a change in the
zoning classification is required,an application to rezone shall either
accompany submission of the preliminary plat or be approved by the City
Council prior to proceeding.
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3.Sanitary Sewage and Water Supply
To facilitate the preliminary plat review and avoid undue delay,the
subdivider or his engineer is requested to inform,in advance,the
county health department,township fire chief,water utility supplier,
and city engineer of his tentative plans and to learn the general
requirement for sewage disposal and for obtaining water supply,as applied
to his location,and to determine i f any applicable fees are charged by
these agencies.
4.Preliminary Plat Submission Procedures
a.Filing and Meeting Dates
A complete application for preliminary plat approval with a
reproducible copy and sixteen (16)copies of the preliminary
plat and required supporting data prepared in accordance with
this ordinance,proof of ownership and proof of agency,shall
be filed with the Director of Planning.The Director of
Planning shall notify the applicant of the meeting date of
the Committee to consider the application which normally will
not be less than fifteen (15)working days from the date of
application.
b.Fees
Application for preliminary plat approval shall include payment
of the filing fees as set forth in Section 6.03 of this ordinance.
5.Preliminary Plat Review
a.On receipt of the preliminary plat,the planning department shall
log in the date of submittal and perform its review for compliance
to public objectives,giving special attention to the minimum ap-
plication requirements for preliminary plat as set forth in this
chapter.Upon determination that the submittal is substantially
complete,i t shall be assigned a case number and distributed as
set forth in "b."below.The submittal of an incomplete appli-
cation shall be rejected and the subdivider notified,in writing,
of the deficiencies of application.
b.Upon determining a complete application has been submitted,the
planning department shall distribute an application packet to
the following and request their review and written comment:
1)Director of Public Works
2)City Engineer for review of existing and proposed conditions
and data relating to streets,drainage,flood control,water
supply,sewage disposal facilities,assurances and mainten-
ance requirements,as well as any approved plans governing
any of the above.
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3)Police Chief for review of the proposed development
relative to public safety.
4)Fire Chief for review of the proposed development rela-
tive to fire protection.
5)County Health Department for review of water supply
and sewage disposal,except that the county health
department may defer to the state health department
certain reviews and approvals.
6)Superintendent of the appropriate school district.
7)United States Postmaster at Apache Junction,Arizona.
8)County Engineer and Director of County Planning,i f
proposed subdivision abuts county areas.
9)Where the land abuts a state or federal highway,to
the Arizona Department of Transportation for recommendation
and approval regarding access,right-of-way,and intersection
design.
10)Appropriate utility companies.
c.The reviewing offices are requested to transmit their re-
commendations to the planning department in writing as soon
as possible,whereafter the department will summarize the
recommendations of the reviewing offices and present them
to the Committee.
6.Preliminary Plat Approval
The Committee shall meet with the subdivider upon receipt of recom-
mendations to discuss and consider the appropriate action to be
taken on the preliminary plat.
a.I f satisfied that all objectives of this ordinance have
been met,the Committee shall approve the preliminary plat
and the Director of Planning shall stamp a notation of
approval on two copies of the plat,one being returned to
the subdivider and one retained in the permanent file.
b.I f the preliminary plat is generally acceptable,but requires
minor revision before proceeding with preparation of the
final plat,the Committee shall grant conditional approval,
the required revisions being noted.The preliminary plat
may be given approval by the Director of Planning when
i t has been satisfactorily revised in accordance with the
stated conditions.
c.I f the Committee finds that the preliminary plat requires
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major revision,i t shall be returned to the applicant with
specific deficiencies and required revisions noted.The
Committee shall meet and consider approval upon submission
by the subdivider of any required major amendments.
d.In the event that there exist extraordinary conditions of
topography,land ownership,adjacent development,or other
circumstances which may require variation of the provisions
of this ordinance,the Director. of Planning shall transmit
the Committee's recommendations to the Council for prelim-
inary plat action.
e.If a preliminary plat is rejected,the new filing of a
preliminary plat for the same tract or any part thereof
shall follow the aforementioned procedure and be subject
to a new filing fee.
7.Significance of Preliminary Plat Approval
Preliminary plat approval constitutes authorization for the subdivider
to proceed with preparation of the final plat and the engineering
plans and specifications for public improvements.Preliminary plat
approval is based on the following terms:
a.The basic conditions under which approval of the preliminary
plat is granted will not be changed prior to expiration
date.
b.Approval is valid for a period of twelve months from date
of Committee's or Council's action.
c.Preliminary plat approval,in itself,does not assure final
acceptance of streets for dedication or continuation of
existing zoning requirements for the tract or its environs.
8.Form of Presentation
The information hereinafter required as part of the preliminary
plat submittal shall be shown graphically or by note on plans,or
by letter,and may comprise several sheets showing various elements
of required data.All mapped data for the same preliminary plat
shall be drawn at the same standard engineering scale,said scale
having not more than one hundred feet (100')to an inch.An overall
drawing,measuring twenty-two inches by thirty-six inches (22"x36"),
is required.If multiple sheets are submitted,a large-scale com-
posite and sheet index map are required.
a.Identification and Descriptive Data
The following identification and descriptive data shall
be required as part of the preliminary plat submittal:
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1)Proposed name of subdivision and its location by section,
township,and range;reference by dimension and bearing
to at least two (2)section or quarter -section corners.
2)Name,address,and telephone number of subdivider.
3)Name,address,and telephone number of engineer,surveyor,
landscape architect,or land planner preparing the pre-
liminary plat.
4)Scale,north arrow,and date of preparation,including
dates of any subsequent revisions.
5)A location map which shall show the relationship of
the proposed subdivision to main traffic arteries and
any other facilities which might help locate the subdivision.
b.Existing Conditions Data
1)Topography by contours or "spot elevations"referenced
to city data or other data approved by the city engineer
shown on the same map as the proposed subdivision layout.
One foot (1')contour interval shall be normally required.
However,the city engineer may modify this requirement
when circumstances warrant the change.
2)Location of fences, water wells,streams,canals,irrigation
laterals,private ditches,washes,lakes,or other water
features;direction of flow,location and extent of
areas subject to inundation,whether such inundation
be frequent,periodic,or occasional.
3)Location,widths,and official names of all lots,dedicated
streets,including existing paving or other improvements,
railroads,utility rights -of -way of public record,public
areas,permanent structures to remain,including water
wells,and municipal corporation lines within the tract
or within two hundred feet (200')of the tract.
4)Name,book and page numbers of any recorded adjacent
subdivisions having common boundary with the tract.
5)By note,the existing zoning classification of the
subject tract and adjacent tracts.
6)By note,the net and gross acreage of the subject tract.
7)Boundaries of the tract to be subdivided shall be fully
dimensioned and mathematically closed,and legal description
provided.
d.Proposed Conditions Data
I)Street layout,including location,width,and proposed
names of public streets and connections to adjoining
platted tracts and typical cross -sections of streets,
alleys,drainageways,and retention basins,and tentative
locations of sewer and water lines,i f any.
2)Typical lot dimensions (scaled),approximate dimensions
and area of all corner lots and lots on curvilinear
sections of streets,each lot numbered individually,
and total number of lots,gross acreage,street area,
net acreage and density in terms of lots per acre.
3)Designation of all land to be dedicated or reserved
for public use,with use indicated.
4)I f preliminary plat includes land for which multiple
family,commercial,or industrial use is proposed,such
areas shall be clearly designated with existing zoning
classification,acreage involved and other pertinent
data.
5)Draft of proposed deed restrictions,i f any.
6)Location,width,and proposed use of easements.
7)Locations for fire hydrants.
e.Proposed Utilities
I)Sewage Disposal:
I t shall be the responsibility of the subdivider to
furnish the county health department such evidence
as that department may require for its satisfaction
as to design and operation of proposed sanitary sewage
facilities.A statement as to the type of proposed
facilities shall appear on the preliminary plat.
2)Water Supply:
Evidence of adequate volume and quality satisfactory
to the county health department and substantiated by
a letter from that department.In addition,the subdivider
shall furnish to the city a Certificate of Assured Water
Supply from the Arizona Department of Water Resources,
as required by the Arizona Revised Statutes 45-576,
or shall present evidence that the subdivision is in
an area where the certificated water utility company
has been designated as having an assured water supply.
f .Preliminary Drainage Report
Shall be submitted in accordance with the requirements of
the city engineer and shall include details and reports
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delineating offsite and on -site drainage areas.On -site
retention and routing of storm waters shall be provided,
flood -prone areas shall be delineated,and streets shall
be designed to accommodate storm conditions as required
by the city engineer.
g.Proof of Ownership
Proof of ownership shall consist of a copy of a title report
issued not more than thirty (30)days prior to the date
of submittal by a title company authorized to conduct business
in the state of Arizona.
h.Proof of Agency
I f the land is owned by a corporation,proof of agency shall
consist of a Corporate Resolution designating the individual
to act as agent.The Corporate Resolution must be certified
by the Secretary of the corporation,and authenticated by
the corporate seal,i f any,or acknowledged in the form
prescribed by Arizona Revised Statutes 33-506.2.
I f the land is owned by a partnership,proof of agency shall
consist of a written document from the partner(s)designating
an individual to act as agent.The document must be certified
and acknowledged in the form prescribed by Arizona Revised
Statutes 33-506.3.
I f the land is owned by an individual,proof of agency shall
consist of a written document designating an individual
to act as agent.The document must be certified and acknow-
ledged in the form prescribed by Arizona Revised Statutes
33-506.1.
Section 2.05 FINAL PLAT
This stage includes the final design of the subdivision,engineering
of public improvements,and submittal of the plat and plans by the
subdivider for review and for action by the Council.
1.Intention and Purpose:
I t is the intention and purpose of the final plat stage
to provide the potential subdivider the opportunity to
present to city officials upon compliance with the sub-
division regulations the final plat of the subdivision
for approval.
2.Zoning Presubmission Requirement:
The final plat shall meet all requirements of the zoning
district in which i t is located;any necessary zoning
amendment shall have been adopted by the Council prior
to the submission of the final plat.
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3.Final Plat Submittal Requirements:
At least twenty (20)working days prior to the Council meeting
at which the application is expected to be heard,the subdivider
shall file with the Director of Planning the following:
a)One (1)final plat mylar or linen;*and
b)Two (2)mylar transparencies;* and
c)Sixteen (16)true copies thereof;and
d)One (1)81"x11"clear film reduction;and
e)Recordation fee,as established by the county recorder;and
f )A letter of transmittal;and
g)Two (2)copies of the street improvement plans;and
h)Three (3)copies of the water improvement plans,including
location of fire hydrants;and
i )The final drainage report and two (2)copies of associated
drainage improvement plans;and
j )A final report on method of sewage disposal,and two
(2)copies of the sewer improvement plans;and
k)Two (2)copies of the utility plan(s);and said plan(s)
shall show proposed line locations and proposed construction
details to indicate the configuration and construction of
any trenches,the location and outside dimensions of
terminal boxes,transformers,vaults,closures,poles,
telephone risers,fire hydrants,valve boxes,and similar
appurtenances relating to all electrical,streetlighting,
gas,telephone,and cable television improvements/facilities
to be constructed within public rights -of -way or easements
being granted for public use.
1)One (1)copy of the easement plan;said plan shall be
a reproduced copy of the final plat reflecting all necessary
utility easements thereon.The subdivider shall submit
a letter from each utility company stating that the
easements as shown meet the requirements of the utility
company.
I t shall be the responsibility of the subdivider to
provide on the final plat prior to Council consideration
such easements in such location and width as required
for utility purposes.The following notations shall
be placed on all final plats,unless otherwise approved
by the city engineer:
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"All utilities shall be placed underground."
"Construction within easements shall be limited to underground
utilities and wood,wire,or removable section -type fencing."
The subdivider shall make application to create a streetlight
improvement district or alternative acceptable to the city
prior to the approval of the final plat.
m)One (1)original and three (3)copies of the project engineer's
cost estimate of public improvements.They shall be accompanied
by the Improvements Security Agreements and be approved
by the city engineer.
n)Payment of the final plat filing fees as set forth in Section
6.03 of this ordinance.
*May be withheld until the Committee has reviewed the final
plat submittal and determined the plat meets minimum city
requirements;provided,some form of reproducible is submitted
with the original materials.
4:Final Plat Review:
a)The department,upon receipt of the final plat submittal,
shall immediately record receipt and date of filing and
shall review the plat for completeness.I f complete,
the department shall review the plat for substantial con-
formity to the approved preliminary plat and refer copies
of the submittal to the following reviewing offices which
will be requested to make known their recommendations,in
writing,addressed to the Council through the planning
department and City Manager:
1)Director of Public Works
2)City Engineer
3)Director of Public Safety
4)Fire Chief
5)County Health Department
6)Superintendent of the appropriate school district
7)Where the land abuts a state or federal highway,to
the State Highway Department for approval of the design
of the highway.
8)Utility Companies
9)United States Postmaster at Apache Junction,Arizona
10)County Engineer and Director of County Planning,i f
proposed subdivision abuts county areas.
b)The department shall assemble the recommendations of the
various reviewing offices,prepare a concise summary of
recommendations,and submit said summary with the reviewers'
recommendations through the City Manager to the Council.
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c)In the evenitthat the department finds that the final plat
does not conform to the preliminary plat as approved by
the Committee,then the final plat shall be submitted first
to the Committee for review and recommendations,and then
submitted to the Council.
5.Council Hearing and Action:
a)Upon receipt of a request for Council action by the department,
in accordance with procedures established by the city clerk,
the City Manager shall place the final plat on the Council
agenda of the next regular meeting,whereupon the Council
shall consider the application.
b)When Council approves the final plat,the city clerk shall
transcribe a certificate of approval upon the plat,first
making sure that the other certifications required by this
section have been duly signed.
c)When the certificate of approval by the Council has been
transcribed on the plat,the department shall retain the
copy to be recorded until the engineering plans have been
approved,and the improvement security has been provided
in accordance with the provisions of Section 5.06 of this
ordinance.
d)The department shall cause the final plat to be recorded
in the office of the county recorder of the county within
which the platted lands lie and the recordation fee shall
be paid thereto.
e)One (1)mylar copy of the recorded plat shall be retained
by the planning department.
f )I f the Council rejects the final plat,the reasons shall
be recorded in the "Minutes"and the subdivider shall be
notified,in writing of the reasons.
6.Information Required for Final Plat Submission:
a)Medium of Presentation:
1)The final plat shall be scribed,photographed,or drawn
in ink on clear polyester film,mylar,or linen tracing
cloth on a sheet or sheets of twenty-four inches by
thirty-six inches (24"x36").All stamped or written
matter,including signatures,shall be made with perma-
nent opaque ink so that legible prints and mylars may
be obtained therefrom.When the final plat consists
of two (2)or more sheets,one (1)key map showing
the relationship of the tract portions on the sheets
shall be placed on the first sheet and each sheet shall
clearly indicate the sheet number and total number of sheets.
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2)The plat shall be drawn to an accurate scale of,at
most,one -hundred feet (100')to one inch (1").A larger
scale may be required by the city engineer.
3)Copies of the final plat shall be reproduced in the
form of blueline or black] m e prints on a white background.
4)The reproducible copy of the final plat shall have been
prepared using a photographic image process conforming
to standards established by the American National
Standards Institute on a polyester material a minimum
of four -thousandths (.004)of an inch thick with a
matte finish.
b)Identification Data:
1)A title that includes the name of the subdivision and
its location by section,township,range,and county.
2)Name,address,and registration number of seal of the
Registered Professional Engineer or Registered Land
Surveyor preparing the plat.
3)Written and graphic scale,north arrow,and date of
plat preparation.
4)Legend identifying the symbols utilized in the plat
preparation.
c)Survey Data:
1)Boundaries of the tract fully balanced and closed showing
all bearings and distances determined by an accurate
survey in the field;all dimensions expressed in feet
and decimals thereof.
2)Any excepted parcel(s)within the plat boundaries located
by bearings and distances measured in feet and decimals
thereof determined by an accurate survey in the field.
3)Location and description of cardinal points to which
all dimensions,angles,bearings,and similar data on
the plat shall be referenced;each of two (2)corners
of the subdivision traverse shall be tied by course
and distance to separate Section or Quarter -section
corners.The horizontal data for all bearings and
distances shall be tied to the city horizontal coordinate
system.All exterior corners and angle points shall
have their coordinates indicated on the final plat.
d)Descriptive Data:
1)Name,right-of-way lines,courses,lengths,widths
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of all public streets,alleys,and utility easements;
radii,points of tangency,and curve data of all curvi-
linear streets and alleys;cut-offs of all street line
intersections.
2)All drainageway easements shall be shown on the plat.
Drainageways,as required by the city engineer,shall
be improved and dedicated to the public as rights-
of -way.
3)All easements for rights -of -way provided for public
services or utilities and any limitations of the easements.
4)Bearing and dimension of all lot lines.
5)All lots numbered consecutively throughout the plat.
"Exceptions,""Tracts,"and other areas shall be so
designated,lettered,or marked,and clearly dimensioned.
6)Location,dimensions,bearings,radii,arcs,and central
angles of all sites to be dedicated to the public with
the use clearly indicated.
7)Location of all adjacent and adjoining lots and streets
with date,book,and page number of subdivision recordation
noted or,i f unrecorded,so marked.
8)Any deed restrictions or restrictive covenants to be
imposed upon the plat or any part or parts thereof,
typewritten,pertaining to the intended use of the
land shall be attached to the plat and to each copy
thereof.
9)Horizontal coordinates shall be indicated on the final
plat,at all subdivision corners,angle points,points
of curvature,points of tangency,and intersections
on the perimeter of the subdivision limits.Computations
and/or printouts referencing city coordinates to all
lot corners and indicating area in square feet and
acres shall be provided.
e)Final Plat Certificate:
The following certificates and acknowledgements shall appear on
the final plat,or on separate written ratification and dedication
instruments.Such certificates shall be lettered or printed legibly
with permanent opaque ink and shall be signed and dated as prescribed
hereafter:
1)A certificate signed and acknowledged by all persons
holding title by deed to the lands or,i f the lands
are dedicated or held in trust,the trustee shall sign
the certificate or,i f land is to be dedicated or is
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mortgaged,the mortgagee shall also sign the certificate.
Said certificate indicates that i t is the owner's intention
to subdivide and plat the land shown and described thereon,
and that the public right-of-way shown thereon is thereby
dedicated to the public for public use forever,and
that the easements shown thereon are for the purposes
indicated and no permanent building or structure shall
be constructed upon said easements.
2)I f the plat contains private streets,an easement which
shall be provided for ingress -egress including for police,
fire,emergency,garbage and refuse collection,drainage,
and placement of utilities and shall be built in accordance
to current rights -of -way dimensions,details,and specifi-
cations of the city.
3)Acknowledgement of dedication and certification by a
notary public.
4)A certificate executed by the professional engineer
or land surveyor registered to practice in the state
of Arizona under whose direction the survey,subdivision,
and plat of the land described on the said plat was
made;stating that the plat is a correct representation
of all the exterior boundaries of land surveyed and
the subdivision of it;stating that he has prepared
the description of the land shown on the plat and that
he certifies to its correctness.The certificate shall
include the registration number,seal,and signature
of the registered professional engineer or land surveyor.
5)A certificate executed by a professional engineer or
land surveyor registered to practice in the state of
Arizona that all lots are staked or will be staked,
and all monuments are set or will be set within one
(1)year after recordation in accordance with the pro-
visions of this chapter.The certificate shall include
the registration number,seal,date,and signature
of the registered professional engineer or land surveryor.
6)A certificate for signature by the city engineer that
the final plat has been checked for conformance to the
requirements of the provisions of this chapter and any
other applicable ordinance and regulations,and that
assurances are provided for improvements in the amount
of $
7)A certificate for signature by the Mayor that the subdivider
has provided a "Certificate of Assured Water Supply"
as required by Arizona Revised Statutes 45-576,or evidence
that the area has been designated by the Arizona Department
of Water Resources as having an assured water supply.
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8)A certificate for the Mayor's signature indicating the
final plat approval has been granted by the City Council
in compliance with this ordinance.
9)A certificate to be signed by the city clerk that the
City Council approved the final plat and showing the
date of approval;and
10)A certificate to be executed by the county recorder
showing the date,time of day,fee number,book and
page number of recordation.
11)For those plats containing drainageway easements,the
following note shall be attached:
"No structures,earthwork,or other construction will
be carried out in drainageway easements and,•except
as may be approved by the city engineer,fencing will
be limited to wire -strand or break -away sections that
cannot impede water flow or collect debris which would
impede water flow.
Section 2.06 INITIATION OF IMPROVEMENTS
Should the subdivider at his own risk desire to proceed with installing
the street,utility,or other improvements as set forth in any or
all of the various plans or plat which are required prerequisites
to the approval of the subdivision,the subdivider may initiate
such improvements,provided the following criteria are met:
1.Preliminary plat is approved;and
2.Any other reviewing agency or utility prerequisite to city
approval has indicated to the city its approval of said
improvement plans;and
3.The city engineer has granted approval of the improvement
plans and assurances;and
4.Required permits have been issued by the appropriate city
official.
Section 2.07 FINAL INSPECTION AND ACCEPTANCE OF IMPROVEMENTS
1.Upon due notice from the subdivider of presumptive completion
of all improvements as called for on the approved improvement
plans,the city will make an inspection.I f all construction
is found to be completed to his satisfaction,then that inspection
shall constitute the final inspection and the city engineer
will recommend final acceptance of the public improvements
(including street,sewer,and drainage improvements)to the
City Council upon receipt of the following items:
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a)Final plans drawn in india ink,or a reproducible linen,
mylar or sepia copy thereof,showing all street,drainage,
and sewer improvements constructed and copies of the final
plans showing all electrical,lighting,gas,telephone,
cable television,and water improvements constructed within
the public rights -of -way or public easements for inclusion
in the city's permanent files.Final plans shall show the
approved design conditions and reflect any field changes
approved by the city engineer,and the subdivider's engineer
shall certify that the final plans represent as nearly as
possible the actual field conditions as constructed.
b)Affidavit regarding settlement of claims:the subdivider
shall certify that all bills for labor and materials in-
corporated in the work have been paid and agrees to
indemnify and save harmless the city against any and all
liens,claims of liens,suits,actions,damages,charges,
and expenses whatsoever which the city may suffer arising
out of the failure of the subdivider to pay for all labor
performed and materials furnished in the construction of
the required improvements.
c)Guarantee:the subdivider and contractor shall guarantee
all work against defective workmanship or materials for
a period of one (1)year from the date of its final acceptance
by the Mayor and City Council.
2.The City Manager shall place on the Council agenda for consideration
of acceptance of the public improvements,those improvements
as transmitted by the city engineer's report subject to the
above subsection.
3.Upon final acceptance of the public improvements by the City
Council,the city engineer will notify in writing the subdivider
of this acceptance as of the date of approval by the Council.
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ARTICLE III
Section 3.00 ADMINISTRATIVE SUBDIVISIONS -LAND SPLITS
(Reserved)
ARTICLE IV
Section 4.00 SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
Section 4.01
Section 4.02
Section 4.03
Section 4.04
Section 4.05
Section 4.06
Section 4.07
Section 4.08
CONFORMANCE TO OTHER REGULATIONS
IN GENERAL
STREET LOCATION AND ARRANGEMENT
STREET DESIGN
BLOCK DESIGN
LOT PLANNING
EASEMENT PLANNING
STREET NAMES
Section 4.01 CONFORMANCE TO OTHER REGULATIONS
Every subdivision shall conform to the requirements and objectives
of the general plan,when adopted,or any parts thereof as adopted
by the Council to the "Apache Junction,Arizona,Zoning Ordinance"
and to other ordinances and regulations of the city,to the Apache
Junction Development Guide,to the Arizona Revised Statutes,and
to any other ordinances and regulations which may be adopted which
affect the subdivision of lands within the city of Apache Junction.
Section 4.02 IN GENERAL
1:Where the tract to be subdivided contains all or any part of
the site of a park,school site,flood control facility,fire
station,or other public area as shown on the city general
plan,such site should be dedicated to the public or reserved
for acquisition by the public within a specified period of
time.An agreement should be reached between the subdivider
and the appropriate public agency regarding time,method,and
cost of such actuisition.In the event the Director of Planning
determines that such an agreement has not been reached within
the specified period of time,then the Director of Planning
may make a determination that the requirements of this section
have been met.
2.Land which is subject to periodic flooding,land which cannot
be properly drained,or other land which in the opinion of the
Committee is unsuitable for subdividing shall not be subdivided,
except that the Committee may approve subdivision of such land
upon receipt of evidence froM the county health department and/or
the city engineer that the construction of specific improvements
can be expected to render the land suitable;thereafter,construction
upon such land shall be prohibited until the specified improvements
have been planned,designed,and construction guaranteed to
the satisfaction of the city engineer.
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Section 4.03 STREET LOCATION AND ARRANGEMENT
I .Whenever a tract to be subdivided embraces any part of a street
designated in the adopted Street Classification Plan,such street
shall be platted in conformance therewith.
2.Street layout shall provide for the continuation or termination
of such streets as the Committee may designate.
3.Whenever a tract to be subdivided is located within an area
for which a development master plan (DMP)has been approved,
the street arrangement shall conform substantially to said plan.
4.Certain proposed streets,as designated by the Committee,shall
be extended to the tract boundary to provide future connection
with adjoining unplatted lands.Easements and improvements
for temporary cul-de-sacs shall be provided.
5.Local streets shall be so arranged and designed as to discourage
their use by through traffic.
6.Where a proposed subdivision abuts or contains an existing or
proposed arterial route,any or all of the following may be
required to preserve the traffic function along the arterial
route:access or frontage streets,or non -access easements along
the arterial route,or such other treatment as may be justified
for protection of residential properties from the nuisance and
hazard of high -volume traffic.
7.Where a subdivision abuts or contains the right-of-way of a
railroad,a limited access highway,or an irrigation canal,
or abuts a commercial or industrial land use,the Committee
may require location of a street approximately parallel to and
on each side of such right-of-way at a distance suitable for
appropriate use of the intervening land.Such distance shall
be determined with due regard for approach grades,drainage,
bridges,or future grade separations.
8.Streets shall be so arranged in relation to existing topography
as to produce desirable lots of maximum utility and streets
of reasonable gradient and to facilitate adequate drainage with
due consideration of traffic safety.
9.The city policy is to discourage alleys in residential subdivisions.
Alleys may be required when:
a.The subdivision abuts an existing,partially dedicated alleyway;
or
b.An extension of an alleyway from an adjoining subdivision
is required to complete the established circulation pattern.
In commercial and industrial areas,the city engineer may require
alleys.
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10.Half -streets shall be discouraged except where necessary to
provide right-of-way required by the Street Classification
Plan to complete a street pattern already begun or to ensure
reasonable development of a number of adjoining parcels,Where
there exists a platted half -street abutting the tract to be
subdivided and said half -street furnishes the sole access to
residential lots,the remaining half shall be platted.
Section 4.04 STREET DESIGN
1.General
a.Dead-end stubbed streets,except cul-de-sacs,shall not
be approved except where specifically necessary for connection
to adjacent unplatted lands.In any case,a dead-end street
serving more than four (4)lots shall provide,by easement,
a temporary cul-de-sac conforming to the provisions herein.
Dead-end alleys shall be prohibited.Alley intersections
and sharp changes in alignment shall be avoided.A standard
curb cut shall be provided where alleys intersect a street.
b.To provide flexibility in design,sidewalk location placement
shall be approved by the city engineer.In all cases not
otherwise governed by the "Manual of Uniform Traffic Control
Devices,"a minimum lateral clearance of two (2)feet shall
be maintained between face -of -curb or back of sidewalk and
any obstruction,except mailboxes.In cases of demonstrated
necessity of existing unusual conditions,the city engineer
may approve a -reduction of minimum lateral clearance to
within one 0 )foot of fact -of -curb or back of sidewalk.
Mailboxes may be placed so that no part of the mailbox is
closer to face -of -curb than one (1)foot.In considering
sidewalk design,design consideration shall be given to
streetlight and other utility poles,traffic control devices,
fire hydrants,and placement of utilities.
c.Excepting municipal storm drains and sanitary sewers,utilities
shall not be located beneath the street pavement other than
necessary crossings which shall be made as close to perpendicular
as possible.In cases of demonstrated necessity and upon
presentation of a technically adequate plan ensuring proper
installation and maintenance,the city engineer may approve
location beneath the street pavement of major primary transmission
lines of electricity,water,sewer,gas,or communications.
Any such utility installation as may be approved for placement
beneath the street pavement shall be completed prior to
the construction of curbs,sidewalks,and paving of said
street.
d.All utility and service crossings under the new street shall
be installed by boring or other similar methods as approved
by the city engineer.
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2.Minimum Right-of-way and Paving Widths
a.Street Type Minimum
Right-of-way
Arterial including Section
Line Roads 100'64'
Major Collector including
Mid -section Line Roads 80'50'
Collector Streets 60'42'
Local Streets 50'32'
Frontage Streets Primary R/W + 40'28'or as required
by city engineer
Minimum Street Sections
(back of curb to back of curb)
b.The street portion of the cul-de-sac shall be built to local
street standards and the cul-de-sac streets shall terminate
in a circular right-of-way fifty feet (50')in radius with
an improved traffic turning circle forty feet (40')in radius
to back of curb.The city engineer may approve an equally
convenient form of space where conditions justify.
c.Alley intersections and sharp changes in alignment shall
be avoided.Corners deflecting more than fifteen degrees
(15°)shall be cut off fifteen feet (15')on each side to
permit safe vehicular movement,except a greater distance
shall be provided where specified by the city engineer.
Alley cutoffs at street rights -of -way shall be twenty feet
(20')on each side.Dead-end alleys are prohibited.
3.Grades (Longitudinal)
a.Maximum:Arterial Streets 5%
Major Collectors 6%
Collector Streets 7%
Local Streets 9%
b.Minimum:All streets 0.25%
c.Concrete gutters on asphalt streets:Desirable 0.50%
Minimum 0.25%
d.Exceptions:Where rigid adherence to these standards causes
unreasonable or unwarranted hardship in design
or cost without commensurate public benefit,
exceptions may be approved by the city engineer.
4.City Data To Be Utilized
All horizontal and vertical data shall be taken from data as
provided by the city of Apache Junction.Bench marks and temporary
bench marks shall be indicated on each sheet of improvement plans.
5.Vertical Curves (Minimum Length)
Vertical curves are required where the difference in grade is
one percent (1%)or greater.
a.Arterial or Section -line Streets:four hundred feet (400')
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b.Major Collector or Mid -section -line Streets:three hundred feet (300')
C.Collector or Quarter -section -line Streets:two hundred feet (200')
d.Local Streets:one hundred feet (100')Exceptions may be made
by city engineer,as required.
6.Horizontal Alignment
a.Arterial or Section and Mid -section -line Streets:When tangent
centerlines deflect
from each other more than one degree (1°),they shall be
connected by a curve with a minimum centerline radius of
one thousand feet (1000').Tangent sections between reverse
curves shall be as required by the city engineer,but no
less than seven hundred feet (700').
b.Major Collector or Collector Streets:When tangent centerlines
deflect from each
other more than one degree (1°)and less than ninety degrees
(90°),they shall be connected by a curve with a maximum
centerline degree of curvature of four degrees (4°)and
a minimum centerline length of curve of five hundred feet
(500').Between reverse curves there shall be a tangent
section of centerline not less than one hundred feet (100')
long,unless the radius exceeds six hundred fifty feet (650').
c.Local Streets:When tangent centerlines deflect from each
other more than one degree (1°)and less
ninety degrees (90°)they shall be connected by a curve
with a minimum centerline radius of two hundred feet (200')
and a minimum centerline length of curve of one hundred
feet (100').Between reverse curves there shall be a tangent
section of centerline not less than one hundred feet (100')
long,unless the radius exceeds two hundred feet (200').
d.All intersecting streets shall intersect at an angle of
ninety degrees (90°)unless otherwise approved by the city
engineer.
e.Street jogs with centerline offsets of less than one hundred
sixty five feet (165')shall be prohibited unless otherwise
approved by the city engineer.
f .Local streets intersecting any street shall have a tangent
section of centerline at least one hundred fity feet (150')
in length measured from the right-of-way line of the inter-
secting street,except that no such tangent is required
when the local street curve has a centerline radius greater
than four hundred feet (400')with the center located on
the intersecting street right-of-way line.Where topographic
conditions make necessary other treatment to secure the
4-5
g.
best overall design,these standards may be relaxed with
the approval of the city engineer.
Street intersections with more than four (4)legs and Y -type
intersections where legs meet at acute angles shall be pro-
hibited.Intersections on the inside of a horizontal curve
on arterial or collector streets shall be prohibited,unless
approved by the city engineer.
h.At street intersections,property line corners shall have
a twenty foot by twenty foot (20'x 20')cutoff at each
corner.
i.Where required by the city engineer,there shall be sight
distance easements at street intersections,as determined
during subdivision review.Within these easements,no structure
or planting higher than thirty-six inches (36")will be allowed
from an intersection of two roads or a road and an alley,
or from the intersection Of a driveway and a road for a
distance of twenty feet (20')along said road.
j .Private Streets:Private streets should conform to the
above -stated design standards.
Section 4.05 BLOCK DESIGN
1.The maximum lengths of blocks,measured along the centerline
of the street and between intersecting street centerlines,is
1,320 feet,except that in development with lot areas
averaging one-half (I)acre or more or where conditions warrant
this maximum may be 1,960 feet.Blocks shall be as long as
reasonably possible under the circumstances within the above
maximums in order to achieve depth and possible street economy
and to reduce the expense and safety hazard arising from excessive
street intersections.
2.Maximum length of cul-de-sac streets:Four hundred feet (400')
measured from the inter-
section of right-of-way lines to the extreme depth of the turning
circle along the street centerline.Exceptions may be made where
topography,adjacent platting,or other unusual conditions justify
such.No exception shall be made merely because the tract has
restrictive boundary dimensions wherein provisions should be
made for extension of street patterns to the adjoining unplatted
parcel and a temporary turn -around installed.
3.Pedestrian Ways:Pedestrian ways with right-of-way width of
twelve feet (12')may be required where essential for circulation
or access to schools,playgrounds,shopping centers,transportation,
and other community facilities.Pedestrian ways may be used
for utility purposes.
4-6
Section 4.06 LOT PLANNING
1.Lot width,depth,and area
a.Lot width,depth,and area shall comply with the minimum
requirements of the zoning ordinance and shall be appropriate
for the location and character of development proposed and
for the type and extent of street and utility improvements
being installed.
b.Depth -to -width ratio of the usable area of lot shall usually
be not greater than three to one (3:1).
c.Where steep topography,unusual soil conditions,drainage
problems,abrupt changes in land use or heavy traffic on
adjacent streets prevail,the Council may make special lot
width,depth,and area requirements which exceed the minimum
requirements of the particular zoning district.
2.Side lot lines shall be at right angles and radial to curves.
3.Every lot shall abut a public or private street which possesses
satisfactory access to other existing public streets.Private
streets will be owned and maintained by a private association
or corporation and will not be considered for future dedication
and city maintenance i f not developed to minimum city standards.
4.Single family residential lots extending through the block and
having frontage on two (2)parallel streets shall not be permitted;
backing or siding of lots to thoroughfares shall be allowed,
providing the average lot depth is increased by ten feet (10')
and a six-foot (6')high from finished lot grade masonry wall
is constructed at the right-of-way line.Lots backing or siding
upon a thoroughfare or arterial street shall have a recorded
non -access private easement one foot (1')wide along the lot
line abutting the said streets.Lots fronting on a thoroughfare
or arterial street shall require a frontage road.
5.Lotsvon curvilinear streets shall have rear lot lines consisting
of a series of straight lines with points of deflection occurring
only at the junction of side lot lines,unless otherwise approved
by the city engineer.Curvilinear rear lot lines with a minimum
radius of eight hundred feet (800')may be provided,i f approved
by the city engineer.
Section 4.07 EASEMENT PLANNING
1.The subdivider shall provide utility easements as required by
the serving utilities and is responsible for coordinating such
with the utilities concerned.
2.Except where alleys are allowed and provided,lots shall provide
for front and side utility easements as required by the utility company.
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3.Where alleys are provided in multiple family,commercial,or
industrial area,a refuse container,transformer and service
cabinet easement shall be provided of sufficient size as
determined by the city engineer and/or utility company.
4.Drainage and other easements shall be indicated as required by
the city engineer.
Section 4.08 STREET NAMES
The subdivider shall indicate the street names subject to approval
by the Committee at the preliminary plat stage.Street naming shall
be in compliance with the manual "Procedures for Street Naming and
Address Assignment,City of Apache Junction,Arizona,"following
the Council adoption of same.
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ARTICLE V
Section 5.00 STREET AND UTILITY IMPROVEMENT REQUIREMENTS
Section 5.01
Section 5.02
Section 5.03
Section 5.04
Section 5.05
Section 5.06
INTENTION AND PURPOSE
RESPONSIBILITY FOR IMPROVEMENTS
ENGINEERING PLANS
CONSTRUCTION AND INSPECTION
REQUIRED IMPROVEMENTS
IMPROVEMENTS SECURITY
Section 5.01 INTENTION AND PURPOSE
I t is the purpose of this article to establish the minimum acceptable
standards for improvement of public streets and utilities,to define
the responsibility of the subdivider in the planning,constructing,
and financing of public improvements,and to establish procedures
for review and approval of engineering plans.
All improvements required in streets,alleys, or easements which
are required as a condition to plat approval shall be the responsi-
bility of the subdivider.All new construction on a previously
undeveloped parcel or tract of land as recorded in the county recorder's
office of the county in which said parcel or tract of land is located
must meet all standards set forth in this article.
Section 5.02 RESPONSIBILITY FOR IMPROVEMENTS
The planning,design,construction,and financing of all required
sidewalks,curbs,gutters,pavement,street lights,electrical
improvements,sanitary sewers,storm sewers,water service improve-
ments,fire hydrants,and drainage facilities shall be the responsi-
bility of the subdivider and shall comply with city standards.
Section 5.03 ENGINEERING PLANS
1.I t shall be the responsibility of the subdivider to have prepared
by an engineer,registered in the state of Arizona,a complete
set of engineering plans prepared in accordance with the development
guide (when approved)satisfactory to the city engineer for construc-
tion of required improvements.Such plans shall be based on the
approved preliminary plat and be prepared in conjunction with
final plat.
2.The improvement plans shall be stamped by the city engineer
as "approved for construction"and a memorandum of approval
is to be filed with the city clerk prior to recordation of the
final plat.A reproducible,approved,improvement plan shall
be retained by the city engineer.
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3.Engineering plans shall be null and void i f construction has
not commenced within one (1)year from date of approval.There-
after,said plans shall be updated and resubmitted to comply
with current regulations and reapproved by the city engineer.
Section 5.04 CONSTRUCTION AND INSPECTION
1.All improvements in the public right-of-way shall be constructed
under the inspection and with the approval of the city engineer.
Construction shall not be commenced until a permit has been
issued for such construction and,if work has been discontinued
for any reason,i t shall not be recontinued prior to notifying
the city engineer.
2.All utilities are to be installed underground within rights-
of -way,easements,or alleys and shall be constructed prior
to the construction of curbs and sidewalks and surfacing of
streets and alleys.Service stubs to platted lots within the
subdivision for underground utilities shall be extended to the
property lines so as not to necessitate disturbance of street
improvements when service connections are made.
3.All required improvements shall be designed and constructed
in accordance with the 1979 Uniform Standard Details and Speci-
fications for Public Works Construction and any adopted amendments
thereto,as compiled by the Maricopa Association of Governments
and such other standard details and specifications as may be
adopted by the City Council and any amendments thereto.
4.Any test reports required by the city engineer shall be submitted
and approved prior to the city engineer issuing permits for
those project areas for which testing is required.
Section 5.05 REQUIRED IMPROVEMENTS
1.Streets:
All streets to be dedicated to the public within the subdivision,
including perimeter streets or one-half (I)streets,shall be
paved to lines,grades,and dimensions approved by the city
engineer and in conformance with city standards.Dead end streets
serving more than four lots shall be provided a graded and surfaced
temporary turning circle.
2.Alleys:
All alleys within the subdivision,including perimeter alleys
or partial alleys,shall be surfaced with ABC or higher grade
pavement to grades and dimensions approved by the city engineer
and in conformance with city standards,except that alleys to
be used for primary vehicular access in commercial,multiple
family,or industrial development shall be paved to specifications
as approved by the city engineer.
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3.Curbs:
Portland cement concrete curbs shall be installed in accordance
with approved city standards and specifications.Combined verti-
cal curb and gutter is required on all streets classified as
arterial or collector.Roll curb and gutter may be installed
on local streets.Wedge curbs and flat curbs will not be per-
mitted.
Required curb heights are:*
Road Type Curb Face Height
Arterial including Section Line Roads**711
Major Collector including Mid -Section
Line Roads 6"
Collector Streets 6"
Local Streets 4"
*Higher curbs may be required by the city engineer 'in
special cases.
**With hydrologic confirmation,the city engineer may
permit a six inch (6")curb.
4.Sidewalks:
Sidewalks constructed of portland cement concrete or other materials
acceptable to the city engineer shall be constructed to a width,
line,and grade approved by the city engineer in accordance
with approved city standards.Where lots are one (1)acre or
larger in area,the Committee may recommend to the City Council
the requirement of sidewalks on one (1)or more sides be waived
or modified.
5.Street Name Signs:
Two (2)street name signs shall be placed at all street inter-
sections per the city engineer's approval for locations.The
subdivider shall install signposts meeting city standards at
locations designated by the city engineer.The signposts
shall be placed prior to the completion of street paving.Prior
to the issuance of a city permit for street paving,the sub-
divider shall pay to the city an amount per street name sign
location as determined by the city engineer to pay for the
fabrication and installation of sign units by the city.
6.Streetlights:
Streetlights shall be installed along all streets within the
subdivision and along perimeter streets developed in conjunction
with the subdivision in accordance with a design by the local
utility company and approved by the city engineer.The subdivider
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shall be required to submit a petition to the city to include
the area of the subdivision in a streetlight improvement district.
The improvement district shall include current and future costs
for installation and maintenance of the streetlights and include
the costs for electrical charges.Further,the subdivider shall
present to the city for its approval his proposal for transferring
the improvement district from him to the purchasers of the real
property which is the subject of the subdivision.
7.Fire Hydrants:
Fire hydrants shall be installed within and along perimeter
streets of the subdivision at locations and to lines and grades
approved by the city engineer and township fire chief and in
conformance with city standards.The material specifications
shall be approved by the local utility with the concurrence
of the fire chief.
8.Gas:
Gas service may be furnished according to current available
supplies as determined by the private utility supplier.
9.Irrigation Lines and Ditches:
All irrigation or related ditches within the subdivision or
within perimeter half (I)streets or alleys or easements shall
be tiled in accordance with plans and specifications as approved
by the city engineer and in conformance with city standards.
10.Storm Drainage:
Adequate provisions shall be made for retention and disposal
of storm waters from both private lots and public streets in
accordance with the development guide and as required by the
city engineer.Existing major surface drainage courses shall
be maintained and dedicated as drainageways.The type,extent,
location,and capacity of drainage facilities shall be determined
subject to the approval of the city engineer.All drainageways
dedicated to the city for maintenance shall be lined with
concrete or other material as approved by the city engineer.
A fifty (50)year storm of twenty-four (24)hour duration shall
be used as a minimum basis for the design of drainage and retention
facilities.Streets shall be designed to carry between the
curbs the peak flows resulting from a ten (10)year storm.Complete
hydrology and hydraulic design computations and maps shall be
submitted in accordance with the development guide as a part
of the plans at the preliminary and final subdivision review
stage.
Where storm water is discharged into any outlet not directly
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controlled by the city,the subdivider shall submit satisfactory
evidence that the use of such outlet is approved by the owner
or agent thereof.All storm drainage shall enter and leave the
subdivision at its existing locations.Realigning of drain-
ageways within the right-of-way is prohibited,unless provisions
for improvements are approved by the city engineer,including
the possibility of requiring additional rights -of -way.
11.Sewage Disposal:
When a public or community sanitary sewage system is installed,
i t shall be constructed to plans,profiles,and specifications
approved by the city engineer and in accordance with state
health department regulations.Otherwise,the treatment of
sewage shall be by septic system and shall be constructed to
plans and specifications approved by the county and/or state
health departments and the city engineer.
12.Water Supply:
Each lot shall be supplied with safe,pure,and potable water
in sufficient volume and pressure for domestic use and for fire
protection by a water system planned and constructed to approved
state,city,fire department,and private utility company standards.
The installation of water lines shall precede the paving of
streets.Where i t is necessary to extend a water main from an
existing adequate main,the subdivider shall make such arrangements
as the private utility company shall require.
13.Parkway Landscaping:
Parkway areas along arterial and other streets may be landscaped
with the approval by the city engineer of a landscape plan.
Installation and maintenance shall be at the expense of the
subdivider.A bond or other form of assurance may be required
by the city engineer to ensure continued maintenance.(Note:
arid region landscaping to conserve water is recommended.)
14.Monuments:
Permanent monuments consisting of a brass cap set in concrete
shall be installed to designate street centerlines and subdivision
boundary lines at their corners and at all angle points and points
of curvature and at all intersections for streets and around the
perimeter of the subdivision and at such other locations as may be
required by the city engineer.Section and Mid -section corners
shtill have their monuments placed in a monument handhole.After
all improvements have been installed,the subdivider shall be
responsible for having a registered land surveyor or engineer check
the location of monuments,mark the brass caps,and certify as
to their accuracy prior to acceptance of streets by the city for
maintenance.
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15.Lot Corner Markers:
Iron or steel bars or iron pipes at least fifteen inches (15")
long and not less than one-half inch (I")in diameter shall
be set at all corners,angle points,and points of curvature
for each lot and block within a subdivision prior to the recording
of the plat,unless otherwise approved by the city engineer.
Identifying data shall be affixed to each point set in accordance
with current rules and by-laws of the State Board of Technical
Registration.
Section 5.06 IMPROVEMENT SECURITY
Prior to approval of the final plat by the Council,the subdivider
shall provide security by either:1)posting of a performance bond
issued by a qualified surety,2)establishing a cash trust,said
funds to be deposited with the city to the credit of the subdivider,
3)depositing with the city a certificate of deposit issued by a
banking institution authorized to issue same,or 4)filing with
the city an executed contract of guarantee between the city and
a trust company,banking institution,or other financial institution
authorized to enter into such contracts.The amount of said security
is to be based upon the certified cost estimate prepared by a registered
professional civil engineer in an amount to cover the completed
installation of the improvements,and requires approval by the city
engineer.A completion date for the improvements shall be declared
by the subdivider and the security shall provide for its forfeiture
to the city in the event that said improvements have not been com-
pleted or not accepted by the city by the declared completion date
due to the default of the subdivider.Where applicable,an agreement
may be executed between the city and the subdivider providing for
improvements in a planned unit development to be provided in stages
to coincide with the stages approved for development provided,however,
that each approved increment shall commensurately conform to the
security requirements hereinabove specified.The Council may require
of the subdivider such further assurance of the completion of improve-
ments as i t may deem necessary to the interest of the public.
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ARTICLE VI
Section 6.00 ADMINISTRATION
Section 6.01 DIRECTION AND AUTHORITY
Section 6.02 ESTABLISHMENT OF SUBDIVISION COMMITTEE
Section 6.03 FILING FEES
Section 6.04 FINAL PLAT APPROVAL REQUIRED PRIOR TO
CONVEYANCE OF ANY LAND SUBDIVIDED
Section 6.05 PREREQUISITES FOR ISSUANCE OF BUILDING PERMITS
Section 6.06 MODIFICATIONS AND EXCEPTIONS
Section 6.07 RESUBDIVISION OF LAND
Section 6.08 VACATION OF PLATS
Section 6.09 PRESERVATION OF ARCHAEOLOGIC,HISTORIC,AND
NATURAL FEATURES AND AMENITIES
Section 6.10 TRANSFERS AND ASSIGNMENTS
Section 6.11 CANCELLATION BY APPLICANT
Section 6.12 VIOLATIONS AND PENALTIES
Section 6.13 LEGAL PROCEDURES
Section 6.14 REMEDIES
Section 6.15 APPEALS
Section 6.01 DIRECTION AND AUTHORITY
1.The Department of Planning is hereby directed and authorized
to receive,process and otherwise act upon preliminary and final sub-
division plats,as well as conducting pre -application meetings in
accordance with the regulations as set forth in this Chapter of the Land
Development Code.
2.The Director of Public Works,with the assistance of the
Department of Public Safety and other City officials having jurisdiction,
shall be responsible for the enforcement of these regulations.
Section 6.02 ESTABLISHMENT OF SUBDIVISION COMMITTEE
1.The Subdivision Committee is hereby established and shall
consist of the following members or their duly authorized representatives:
A.The Planning Director,who shall be Chairman;
B.The Director of Public Works,who shall be Vice Chairman;
C.The Director of Public Safety;
D.City Engineer
E.Two (2)citizen members appointed by the City Manager and
confirmed by the City Council.
Representatives of all other appropriate governmental agencies and concerned
utility companies are invited and urged to participate.
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2.I t shall be the duty of the Subdivision Committee to examine
all subdivision proposals,including land splits,for their compliance
with the applicable ordinances of the City of Apache Junction,and to
make their report to the Planning Director.
3.The Subdivision Committee shall meet as often as necessary
to report on proposals within the time limits prescribed by this Chapter,at
a time generally convenient to the membership.
4.The Subdivision Committee shall develop an Apache Junction
Development Guide to implement this Chapter.Three (3)copies of the
Guide,and any amendments thereto approved by the Committee,shall be
maintained in the office of the City Clerk.
Section 6.03 FILING FEES
1.An application for Plat Approval shall be accompanied by a
fee,as required below,payable to the "City of Apache Junction"at the City
Clerk's office to offset the expense of checking and processing.
Preliminary Plat plus $per lot
Final Plat plus $per lot
Land Split $(Reserved)
Recordation Fee $as established by the county
2.The filing fee shall also cover filing of an amended or
revised Preliminary Plat when processed as the same case.I f preliminary approval
expires prior to application for final approval,the plat shall be resubmitted
for preliminary approval as a new case and the subdivider shall pay the required
preliminary plat fee.
Section 6.04 FINAL PLAT APPROVAL REQUIRED PRIOR TO CONVEYANCE OF ANY
SUBDIVIDED LAND
1.No person,for the purpose of making or effecting a subdivision
within the territorial limits of these regulations,shall make any deed,will,
mortgage,trust deed or contract for the sale or other transfer of such sub-
division or any part thereof,by metes and bounds description or otherwise,
before obtaining the approval of the Final Plat of either such subdivision or
the section thereof for all or part of which such deed,will,mortgage,trust
deed or contract for sale or other transfer is to be made;provided,a contract
for sale which is expressly made contingent upon obtaining approval of such
Final Plat within one (I)year from the date of the execution of such contract
shall not be deemed prohibited by the foregoing provision.
2.No person proposing to make or have made a subdivision within the
territorial limits of these regulations shall offer to sell such proposed
subdivision or any part thereof or shall proceed with any construction work on
the proposed subdivision before obtaining the Council's approval of the Final
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Plat of such proposed subdivision;provided,an offer to sell which is
expressly made contingent upon obtaining approval of the Final Plat
aforesaid within one (1)year from the date of the making of such offer
shall not be deemed prohibited by the foregoing provision.
Section 6.05 PREREQUISITES FOR ISSUANCE OF BUILDING PERMITS
The Building Official shall not issue any building permits for develop-
ment on any part of a subdivision until final plat approval is granted;
except that model units are excepted upon the approval of the committee.
Section 6.06 MODIFICATION AND EXCEPTIONS
1.The principles of design and requirements for the layout of
subdivisions,as set forth in this Ordinance,may be varied by the Council
in the case of a subdivision which is large enough to constitute a more
or less self-contained neighborhood,and which is to be developed in accor-
dance with a Development Master Plan safeguarded by appropriate restrictions.
Furthermore,such subdivision shall,in the judgement of the Council,make
adequate provisions for all essential community requirements.No modifi-
cations shall be granted by the Council which would conflict with the goals
and objectives of a general plan,when adopted,or with the intent and purposes
of said principles and requirements.
2.In the case of a small subdivision of five (5)acres or less
situated in a locality where conditions are well defined,the Committee may
exempt the subdivider from complying with some to all of the requirements
pertaining to the preparation of the Preliminary Plat.
3.In any particular case where the subdivider can show that there
exist extraordinary conditions of topography,land ownership or adjacent
development or,by reason of special condition,strict compliance with these
regulations would cause practical difficulty or exceptional and undue hardship,
the Council may modify such requirements to the extent deemed just and proper,
so as to relieve such difficulty or hardship;provided,such relief may be
granted without detriment to the public good and without impairing the intent
and purposes of this Ordinance or the desirable general development of the
neighborhood and the community in accordance with the General Plan,when
adopted,and the City of Apache Junction Zoning Ordinance.Any modification
thus granted shall be entered in the "Minutes"of the Council,setting forth
the reasons which,in the opinion of the Council,justified the modification.
4.In modifying the standards or requirements set forth in this
chapter,as provided above,the Council may make such additional requirements
such as,but not limited to,protective covenants,deed restrictions or other
6-3
legal provisions as are deemed necessary to secure substantially the
objectives of the standards or requirements so modified.
5.In providing for modifications,a mere finding or recita-
tion of the enumerated conditions unaccompanied by the finding of
specific fact,shall not be deemed "findings of fact",and shall not
be deemed in compliance with this Chapter.
6.The approval of departures or modifications from the regu-
lations of this Chapter shall not be considered as precedent -setting
when the findings of fact clearly indicate the unique circumstances which
warranted such departure or modification.
Section 6.07 RESUBDI VISION OF LAND
1.Procedure for Resubdivision
For any change in a map of an approved or recorded subdivision
plat,i f such change affects any street layout shown on such map,or area
reserved thereon for public use,or any lot line,or i f i t affects any map
or plan legally reached prior to the adoption of any regulations controlling
subdivisions,except where the lots involved are made larger and where any
interior lot lines are involved,such parcel shall be approved by the same
procedure,rules and regulations as for a new subdivision.
2.Procedure for Subdivisions Where Resubdivision is Indicated
Whenever a parcel of land is subdivided and the subdivision plat
shows one (I)or more lots containing enough area that their division into
lots according to the minimum Zoning Ordinance requirements would create
a subdivision as defined herein,the Council may require that such a parcel
of land allow for the future opening of street and the ultimate extensions
of adjacent streets.Easements providing for the future opening and extension
of such streets may be made a requirement of the plat.
Section 6.08 VACATION OF PLATS
1.When a plat is to be vacated,such an instrument shall be approved
by the Council in like manner as plats of subdivisions,including any such
action which abridges or destroys any public rights in any of its public uses,
improvements,streets,or alleys.
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2.Such an instrument shall be executed,acknowledged or
approved and recorded or filed,in like manner as plats of subdivision;
and being duly recorded or filed,shall operate to destroy the force and
effect of the recording of the plat so vacated,and to divest all public
rights in the streets,alleys and public grounds,and all dedications
laid out or described in such plat.
Section 6.09 PRESERVATION OF ARCHEOLOGIC,HISTORIC,AND NATURAL
FEATURES AND AMENITIES
1.Existing features which would add value to residential develop-
ment or to the local government as a whole,such as trees,water courses
and similar irreplaceable assets,should be preserved in the design of the
subdivision.No trees shall be removed from any subdivision nor any change
of the grade of the land effected nor any clearing and grubbing be allowed,
until the improvement,plans have been approved by the city engineer and
any assurances as required are provided.
2.Upon discovery of any historic,or prehistoric ruin,burial
ground,archaelogic or vertebrate paleontological site,or site including
fossilized fooprints,inscriptions made by human agency or any other his-
toric,paleontologic,or archaelogic feature,situated on lands proposed
for subdivision,or during the course of development of such lands,the
subdivider or developer shall notify the Department of Planning of the City
of Apache Junction and the State of Arizona to advise as to said discovery.
Section 6.10 TRANSFERS AND ASSIGNMENTS
If during any stage of the subdivision process the property under
application or any portion thereof,is transferred or assigned to another,
then the transferee or assignee shall be bound to the requirement and de-
sign of the approved project;except that a transferee or assignee may
make application for a change of the application,in which case the City
shall hear the application as i f it were a new subdivision.
Section 6.11 CANCELLATION BY APPLICANT
Cancellation may be initiated by the applicant of the property covered
by the application by means of a written Notice of Cancellation directed to
the Department of Planning.Cancellation of the application shall become
effective thirty (30)days after receipt of the Notice of Cancellation in
the Office of the Department of Planning.
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Section 6.12 VIOLATIONS AND PENALTIES
1.Any person,firm,corporation,or other legal entity who
violates,disobeys,neglects or refuses to comply with,or who resists
the enforcement of any of the provisions of this Subdivision Ordinance,
shall be deemed guilty of a misdemeanor and,upon conviction thereof,
shall be punished by a fine of not more than one -thousand dollars
($1,000.00)or by imprisonment for not more than six (6)months,or
by both such fine and imprisonment.Each day such violation continues
shall be considered a separate offense punishable as hereinabove
described.
2.The approval of a Preliminary Plat may be revoked by a major-
ity vote of the Committee upon finding that any of the provisions of
this Subdivision Ordinance have been or are being violated.The Committee
may reinstate approval of the Preliminary Plat when i t is satisfied
that the provisions of these regulations are being complied with.I f
approval of the Preliminary Plat is permanently revoked,a request to
resume the subdivision shall be treated as a new application.
3.The Director of Public Works,by written order setting forth
the reasons therefor,may stop all work on a subdivision i f he finds
that a major violation of the Subdivision Ordinance has occurred,creat-
ing an immediate or imminent threat to public health or safety such as
danger to life or limb,or damage to property of the City or to
neighboring property owners.
After work is stopped,no work on the subdivision,except
to correct the problems specified by the Director,may proceed until
written authorization is given by the Director.While work is stopped,
the subdivider may appeal through the City Clerk the Director's stop
order to the Council which shall meet within two (2)weeks to consider
the matter.The Council,after hearing both sides,may reverse or modify
the Director's order i f the Council finds that the Director has been un-
reasonable or arbitrary.The burden of proof in such an appeal shall
be upon the subdivider.
4.The imposition of any sentence shall not exempt the offender
from compliance with the requirements of this Ordinance.
Section 6.13 LEGAL PROCEDURES
Any use or development of property contrary to the provisions of the
Subdivision Ordinance shall be and the same hereby declared to be unlaw-
ful,against the public safety and welfare,and a public nuisance,and the
City Attorney shall,upon order of the City Council,or on his own initiative,
immediately commence all necessary actions or proceedings for the abatement,
enjoinment and removal thereof in the manner provided by law,shall take
such other lawful steps and shall apply to such court or courts as may have
jurisdiction to grant such relief as will abate,enjoin and restrain any
person,firm,corporation,or other legal entity from setting up,develop-
ing,erecting,building,or maintaining any such building,or using any
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property contrary to the provisions of this Subdivision Ordinance,or
otherwise violating this Subdivision Ordinance.
Section 6.14 REMEDIES
All remedies provided herein shall be cumulative and not exclusive.
The conviction and punishment of any person hereunder shall not relieve
such person from the responsibility to correct prohibited conditions or
to remove prohibited buildings,structures or improvements,nor prevent
the enforcement,correction or removal thereof.
In addition to the other remedies provided in this Section,any
adjacent or neighboring property owner who shall be especially damaged
by the violations of any provisions of this Subdivision Ordinance may
institute,in addition to the other remedies provided by law,injunction,
mandamus,abatement or other appropriate action,proceeding or pro-
ceedings to prevent or abate remove such unlawful erection,construction,
reconstruction,alteration,maintenance or use.
Section 6.15 APPEALS
1.An action or decision of the committee may be appealed within fifteen
(15)calendar days to the City Manager's representative i f the appeal
is from stipulation (s)which are not required by city ordinance;
stipulation (s)which are beyond the requirements of city ordinance;
or interpretation of City Council stipulations.
a)Appeals shall be in writing on a form provided by the Planning
Department and shall include only those items not agreed upon.
An appeal will be heard within seven (7)calendar days from the
date of submission of an appeal to the City Manager's represen-
tative.The hearing date,time,and location for the appeal
hearing will be set by the City Manager's representative.Any
person invited to the review of the final report of the committee
with the applicant shall be informed by the Planning Department
of the date,time,and location of the appeal hearing.
b)The committee will submit any background material regarding the
appeal to the City Manager's representative two (2)working days
prior to the hearing date.
c)A decision on the appeal will be made at the hearing.An appeal
of the decision of the City Manager's representative may be made
to the Planning and Zoning Commission within fifteen (15)calendar
days from the date of the hearing.Appeals shall be in writing on
a form provided by the Planning Department and shall include only
those items not in agreement.An appeal to the City Manager's
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representative shall not diminish the appellant's right to
appeal to the Planning and Zoning Commission.
2.An action or decision of the Planning Director not included above may
be appealed within fifteen (15)calendar days to the Planning and
Zoning Commission.Appeals shall be in writing on a form provided by
the Planning Department and shall include only those items not in
agreement.
3.Any decision of the Committee on preliminary plats shall be final
unless a person aggrieved thereby within seven (7)calendar days
of the decision of the Committee appeals to the City Council by
filing a written "Notice of Appeal"with the Planning Department.
4.Within thirty (30)calendar days after service of a "Notice of
Appeal,"the Planning Department shall transmit to the City Council
a transcript with exhibits of the Committee hearing.The City
Council may require or permit corrections or additions to the
transcript or exhibits.
5.The City Council shall review the transcript and exhibits,i f any,
and may at its discretion hear further oral arguments,hear newly
discovered evidence not available at the time of the Committee hear-
ing,and receive written briefs from both the applicant and the
City Attorney.
6.The City Council may:
a)Affirm the decision of the Committee;or
b)Reverse or modify the Committee's decision;or
c)Remand the matter for further proceedings before the Planning
and Zoning Commission.
7.Any person aggrieved by a conclusive decision of the City Council
shall have a right to appeal to the court of competent jurisdiction.
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ARTICLE VII
Section 7.00 CONSTRUCTION,TERMS,AND DEFINITIONS
Section 7.01 CONSTRUCTION
Section 7.02 TERMS
Section 7.03 DEFINITIONS
(For the purpose of this ordinance,certain words and phrases shall
have meaning as defined herein unless the context otherwise requires.)
Section 7.01 CONSTRUCTION
The following rules of construction shall apply unless inconsistent
with the plain meaning of the context of this ordinance:
1.The particular shall control the general.
2.In the event there is any conflict or inconsistency between
the heading of an article,section,subsection,or paragraph
of this ordinance and the context thereof,said heading
shall not be deemed to affect the scope,meaning,or intent
of such context.
3.In case of any difference of meaning or implication between
the text of this ordinance and any caption,illustration,
summary table,or illustrative table,the text shall control.
4.In case of conflict between regulations,the more restrictive
shall apply.
5.Words used in the present tense shall include the past and
future tenses and vice versa.
6.Words used in the singular number shall include the plural,
and the plural the singular,unless the context indicates
the contrary.
7.The masculine shall include the feminine and neuter.
8.The word "shall"is always mandatory and not discretionary.
The word "may"is permissive.
9.Unless the context clearly indicates the contrary,where
a regulation involves two or more items,conditions,provi-
sions,or events connected by the conjunction "and,""or,"
or "either...or,"the conjunction shall be interpreted as
follows:
a."And"indicates that all the connected items,conditions,
provisions,or events shall apply.
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b."Or"indicates that the connected items,conditions,
provisions,or events shall apply singularly or in
any combination.
c."Either...or"indicates that the connected items,con-
ditions,provisions,or events shall apply singularly
but not in combination.
10.The phrase "used for"includes "arranged for,""designed
for,""intended for,""maintained for,"or "occupied for."
11.The word "includes"or "including"or the phrase "such as"
shall not limit a term to the specified examples,but is
intended to extend its meaning to all other instances or
circumstances of like kind or character.
12.The word "oath"includes affirmation.
Section 7.02 TERMS
1.The word "State"shall mean the state of Arizona.The
word "County"shall mean that county having jurisdiction
and being either Pinal County or Maricopa County,Arizona.
The word "City"shall mean the city of Apache Junction,
Arizona.The term "City Boundary"shall mean the corporate
boundary of the city of Apache Junction,Arizona.
2.The word "Council"shall mean the City Council of the City
of Apache Junction,Arizona.
3.The word "Commission"shall mean the Planning and Zoning
Commission of the City of Apache Junction,Arizona.
4.The word "Board"shall mean the Board of Adjustment of the
City of Apache Junction,Arizona.
5.The terms "Building Official,""City Attorney,""City Clerk,"
"City Manager,""Director of Planning,""Director of Public
Works,""Fire Chief,"and "Zoning Administrator"shall mean
the respective officers of the city or their authorized
agents.
6.The term "Department of Transportation"or "ADOT"shall
mean the State of Arizona Department of Transportation.
7.The term "Code"shall mean "The Code of the City of Apache
Junction,Arizona,"as adopted by the Council by Ordinance
No.7,dated June 27,1979,and as subsequently amended.
8.The term "Building Code"shall mean the Uniform Building
Code,as adopted by the Council by Ordinance No.7,dated
June 27,1979,and as subsequently amended.
9.The term "Arizona Revised Statutes"shall mean the Code
of the State of Arizona,1956,as amended.
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10.The word "written"includes handwritten,printed,type-
written,mimeographed,or multigraphed matter.
11.The term "Fire Code"shall mean the Uniform Code
as adopted by the Council by Ordinance No.7,dated June
27,1979,and as subsequently amended.
12.The phrase "this ordinance"or "this subdivision ordinance"
shall mean the "Apache Junction Subdivision Regulations"
as contained in Volume I I of the "Code of the City of
Apache Junction,Arizona"as adopted by the Council by
Ordinance No.dated and as
subsequently amended.
13.The term "Zoning Ordinance"shall mean all portions of
the "Apache Junction,Arizona,Zoning Ordinance"as contained
in Volume I I of the "Code of the City of Apache Junction,
Arizona,"including the Zoning Map as adopted by the Council
by Ordinance No.71,dated November 5,1980,and as sub-
sequently amended.
14.The term "General Plan"shall mean "Apache Junction:2001
Apache Junction,Arizona,General Plan"as adopted by the
Council by Resolution No.dated
and as subsequently amended.
15.The term "Committee"shall mean the Subdivision Committee
as established in the subdivision regulations.
16.The term "Department"shall mean the Planning Department
of the City of Apache Junction,Arizona.
Section 7.03 DEFINITIONS
For the purposes of this ordinance,the following words and phrases
shall have the meanings respectively ascribed to them by this section.
I f not defined herein or within other sections of this ordinance,
terms used in this ordinance shall have the meanings provided in
any standard dictionary as determined by the Director of Planning.
7.03.01 Definitions beginning with "A"
Abutting.Same as Adjoining.
Access.The way or means by which pedestrians and vehicles
enter or leave property.
Adjacent.Two (2)or more lots or parcels of land separated
only by an alley or street,or two (2)or more objects
which lie near or close to each other.(Compare Adjoining.)
Adjoining.Two (2)or more lots or parcels of land sharing
a common boundary line,or two (2)or more objects
in contact with each other.(Synonyms are Contiguous or
Abutting.)
Agent.A person authorized,in writing,by the owner (in com-
pliance with Section 2.038H of the Subdivision Ordinance)
to act in the owner's behalf for the purposes of representing
the owner's interest before an official city body with regard
to the development or non -development of the owner's land.
Alley.A public right-of-way which affords a secondary means
of vehicular access to properties adjoining said alley
and being on the side or rear of such properties.
Amendment.Any repeal,modification,or addition to a regulation;
any new regulation;any change in the numbers,shape,
boundary,or area of a district or in a plat;or any repeal
or abolition of any map,part thereof,or addition thereto.
Appellant.That person or agency filing appeals,paying fees
(if required),and complying with the procedural
requirements as stated in this ordinance.
Applicant.That person or agency initiating action for changes
or amendments,paying fees (if required),and com-
plying with the procedural requirements as stated in this
ordinance.
Approved Lending Institution.Any 1)title insurance company,
2)title insurance agent,3)
bank,4)savings and loan association,or 5)mortgage lending
company currently approved by the Federal Housing Administration
to act as a mortgagee,and qualified to transact business in
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the state of Arizona,and having a business office within the
Phoenix metropolitan area,and any other lending institution
approved by the city engineer.
7.03.02 Definitions beginning with "B"
Block.A piece of land,or parcel of land,or group of lots,
entirely surrounded by public streets,private streets,
water courses,railroads,parks,greenways,or a combination
thereof.
7.03.03 Definitions beginning with "C"
Cemetery.Any one (1),or combination of more than one,of
the following,in a place dedicated and used or
intended to be used for cemetery purposes:
1.A burial park,for earth interment.
2.A mausoleum,for crypt or vault entombments
3.A crematory,or a crematory and columbarium,for cinerary
interments.
Channel.A natural or artificial water course,including dry
washes,at perceptible extent with definite bed and
banks to confine and conduct continuously or periodically
flowing water.
Conditional Approval.An affirmative action indicating that
approval will be forthcoming upon satis-
faction of certain specified stipulations or conditions.
Conservation.Retention or acquisition of land for the purposes
of preservation and public use.
Conservation Easement.A right granted to a governmental body
over privately -owned land to prohibit
development of property,including roads and utilities,and
to use the land for permanent public open -space purposes.
Controlled Access Highway.A divided expressway,including
an interstate highway,which provides
at least two (2)moving lanes in each direction and for which
curb cuts are prohibited and access is fully controlled.These
generally serve high-speed inter -regional traffic or traffic
which has either its origin or destination outside the city.
Intersections have grade separations and are fully controlled.
These routes are continuous throughout the area.
Cross Slope.The percent of slope measured at right angles
to the natural contours along a line passing
through the center of a probable building site.The lot cross
slope shall include the differences in the elevation of the
natural grade and the elevation of the street giving access
to the lot where such inElusion is necessary to provide safe
and convenient access to the lot.
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Cut.The land surface which is shaped through the removal of
soil,rock,or other materials.
7.03.04 Definitions beginning with "D"
Design.The street alignment,grades and widths,alignments
and widths of easements and rights -of -way for drainage
and utility locations and the arrangement and orientation of
lots.
Developer.A developer shall be deemed to be the individual,
firm,corporation,partnership,association,syndi-
cation,trust,or other legal entity or his/its successor,
assignee,or heir who intends to develop land for commercial,
industrial,or multiple -family or other residential purposes
in accordance with the provisions of this ordinance;and said
developer need not be the owner of the property as defined by
this chapter.
Development Master Plan (DMP).A preliminary master plan for
the development of a large or
complicated land area,the platting of which is expected in
progressive stages.
Drainageway.An alignment for the purpose of routing storm-
water to include constructing and maintaining
of said drainage improvements.
7.03.05 Definitions beginning with "E"
Easement.An interest in a defined area of land granted to
or owned by another that entitles its holder to
specific limited uses and/or purposes.
Engineering Plans.Plans,profiles,cross -sections,and other
required details,including narrative or
reports,for the construction of improvements,prepared by a
registered engineer in accordance with the approved preliminary
plat and in compliance with standards of design and construction
approved by the city.
Exception.In legal descriptions of the area to be subdivided,
that portion of lands to be deleted or excluded
from the subdivided land.
7.03.06 Definitions beginning with "F"
Fill.The placing,storing,or dumping of any material,such
as (by way of illustration,but not of limitation)earth,
clay,sand,concrete,rock,rubble,or waste of any kind upon
the surface of the ground which results in increasing the natural
ground surface elevation.
Fill,solid.Any non-combustible material insoluble in water,
such as soil,rock,sand,or gravel that can be
used for grading land or filling depressions.
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Final Approval.Unconditional approval by the Council of
the final plat as evidenced by the signatures
required to complete the certifications necessary for final
plat authorization to record the plat.
Finish Grade.The final grade or elevation of the ground
surface after grading is completed.
Freeboard.A factor of safety usually expressed in feet above
a design flood level for flood protective or control
works.Freeboard tends to compen'sate for the many unknown factors
that can contribute to flood heights greater than the height
calculated for a selected size flood,and floodway conditions,
such as wave action,bridge opening and floodway obstructions,
and the hydrological effects of urbanization upon the watershed.
7.03.07 Definitions beginning with "G"
General Plan.An official public document adopted by the
Council in accordance with Arizona Revised
Statutes 9-461 and which is a comprehensive,general,and -
long-range policy guide for present and future development
with any supplements thereto and which may include elements
on,but not limited to,land use,housing,recreation,streets,
schools,governmental services,utility provisions,and en-
vironmental considerations.
Grade.The degree of inclination or declination.
Grading.Any excavating or filling or combination thereof,
including 1)the conditions resulting from any ex-
cavation or fi l l ,or 2)any alteration of the natural drainage
pattern,or 3)the removal or rearrangement of surface soil.
7.03.08 Definitions beginning with "H"
Homeowners Association.An association of homeowners having
responsibilities with respect to common
property of a project or specific area or subdivision,including
condominium associations.
7.03.09 Definitions beginning with "I"
Improvements.Such street work and utilities required to be
installed,or agreed to be installed by the sub-
divider on land to be used for public or private streets,highways,
alleys,pedestrianways,and easements as are necessary for the
general use of the lot owners in the subdivision and local neigh-
borhood and for through traffic and drainage needs and required
as a condition precedent to the approval and acceptance of the
final plat map.Such improvement may include,but is not limited
to street improvements,survey,monuments,street name signs,
guardrails,barricades,safety devices,fire hydrants,grading,
retaining walls,storm drains,and flood control channels,erosion
control structures,landscaping,sanitary sewers,streetlights,
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and other facilities as are required by the Council,as well
as utility installations (water,electric,gas,telephone,
television cable).
Improved lot or parcel.A lot or parcel of a subdivision upon
which there is a residential,commercial,
industrial,or public building or structure,or concerning which
a valid building permit is in effect to erect such an improvement.
Irrigation Facilities.Include canals,laterals,ditches,conduits,
gates,pumps,and allied equipment necessary
for the supply,delivery,and drainage of irrigation water and the
construction,operation,and maintenance of such.
7.03.10 Definitions beginning with "J"
(Reserved)
7.03.11 Definitions beginning with "K"
(Reserved)
7.03.12 Definitions beginning with "L"
Land splits.The division of improved or unimproved land
the area of which is two and one-half (21)acres
or less into two (2)or three (3)tracts or parcels of land
for the purposes of sale or lease.
Lot.A piece or parcel of land under one (1)ownership abutting
upon at least one (1)street,being of at least sufficient
size to meet minimum zoning requirements,and separated from
other pieces or parcels by description,as in a subdivision
or on a record survey map,or by metes and bounds,for purposes
of sale, lease,or separate use.The word "lot"is synonymous
with the words "plot"or "parcel."
Lot area.The total area measured in a horizontal plane,
included within the lot lines of a lot or parcel
of land.
Lot corner.A lot abutting on two (2)or more intersecting
streets where the interior angle of intersection
does not exceed one hundred thirty five degrees (135').A
corner lot shall be considered to be in that block in which
the lot fronts.In the event a street line is a curve at its
point of intersection with a lot line other than a street line,
the tangent to the curve at that point shall be considered the
direction of the street line.For the purpose of applying the
regulations of this ordinance,any portion of a corner lot the
nearest frontage of which is more than one hundred feet (100')
from the point of intersection of the two (2)street lines or
the two (2)tangents shall not be considered a corner lot.
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Lot depth.The horizontal distance between the front and rear
lot lines measured in the mean direction of the
side lot lines.
Lot,double frontage.A lot abutting on two (2)non -intersecting
streets.Also known as "reverse frontage."
Lot,frontage.A lot boundary line at any point where i t abuts
a street.
Lot,interior.A lot having only one (1)side abutting a street.
Lot,key.An interior lot,one (1)side of which is contiguous
to the rear line of a corner lot.
Lot Line.The property line bounding a lot.
Lot Line,rear.A lot line opposite and most distant from the
front lot line and,in the case of an irregular,
triangular,or gore -shaped lot,a line ten (10)feet in length
wholly within the lot,parallel to and at the maximum distance
from the front lot line.
Lot line,side.Any lot boundary line,not a front or rear
lot line.In the case of a corner lot,the
lot line abutting the street side and which is not the front
lot line shall be termed an exterior side lot line;all other
side lot lines are termed interior side lot lines.
Lot of Record.A lot which is part of a legal subdivision re-
corded in the office of the county clerk in
the county in which the lot is located,or a lot or parcel de-
scribed by metes and bounds,or by a rectangular survey system.
Lot of Record,pre-existing nonconforming.A tract of land
on the date of
adoption of this ordinance that:
1)Has less than the prescribed minimum lot size,width,
or depth,or any combination thereof,for the zoning
district within which i t is located;and
2)Is shown by a recorded plat or deed to have been owned
separately and individually when creation of a lot
of such size,width,or depth,or any combination thereof
at such location would not have been prohibited by
any applicable zoning regulations;and
3)Has remained in separate and individual ownership from
adjoining tracts of land continuously during the entire
time that creation of such a lot has been prohibited
by the applicable zoning regulations.
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Lot,through.An interior lot abutting two (2)parallel or
approximately parallel streets.
Lot,usable area.That portion of a lot usable for or reasonably
adaptable to the normal use for which the
lot is intended and not including area which is covered by water,
is excessively steep,or has its normal use restricted by certain
types of easements.
Lot width.The width of a lot shall be either:
1)I f the side property lines are parallel,the shortest
distance between these side lines;or
2)I f the side property lines are not parallel,the width
of the lot shall be the length of a line at right
angles to the axis of the lot at a distance equal to
the front setback required for the zoning district
in which the lot is located.The axis of a lot shall
be a line joining the midpoints of the front and rear
property lines.
7.03.13 Definitions beginning with "M"
(Reserved)
7.03.14 Definitions beginning with "N"
(Reserved)
7.03.15 Definitions beginning with "0"
Obstruction,artificial.Any hindrance which is not naturally
existing.
Open space lands or open area.Any space or area characterized
by great natural scenic beauty
or whose existing openness,natural condition,or present state
or use maintains or enhances the conservation of natural or
scenic resources or the production of food and fiber.
Owner.The person who has the right to possess and use real
property to the exclusion of others.
7.03.16 Definitions beginning with "P"
Pedestrian Way.A public walk dedicated entirely through a
block from street to street and/or providing
access to a school,park,recreation area,or shopping center.
Performance agreement.A written document submitted to and
approved by the city setting forth certain
agreements as to the construction of public improvements.
7-10
Person.Any individual,corporation,partnership,company,
firm,association,or any other form of multiple
organization which may carry on business,foreign or domestic,
or its successors or assignees,or the agent of any of the
aforesaid.
Plat.A map of a subdivision.
Plat,final.A final map,including supporting data and attach-
ments of all or part of a subdivision essentially
conforming to an approved preliminary plat and prepared in
accordance with this ordinance and any other applicable statutes.
Plat,preliminary.A preliminary map,including supporting
data and attachments,indicating a proposed
subdivision prepared in accordance with this ordinance and any
other applicable statutes.
Plat,recorded.A final plat,including supporting data and
attachments,and containing all of the certifi-
cates of approval required by this ordinance and the state of
Arizona and recorded in the county recorder's office of the
county within which the subdivision is located.
Prints.To include but not limited to making reproductions
of the original document by blueline or blackline
(ozalid)prints.
Private access way.Any private street or private way of access
to one (1)or more lots which is owned
and maintained by an individual or group of individuals and
has been improved in accordance with city standards and plans
approved by the city engineer and inspected by the city engineer.
A private access way is intended to apply where its use is logi-
cally consistent with a desire for neighborhood identification
and control of access and where special design concepts may
be involved,such as within planned development areas,mobile
home developments,sublot developments,and hillside areas.
Protective Covenant.A restriction on specified uses of private
property within a subdivision for the
purpose of providing mutual protection against undesirable aspects
of development.Protective covenants regulating the use of
land represent an express agreement between the lot purchasers
and the lot sellers (usually subdivider).(Conditions,Covenants,
and Restrictions =CC&Rs)
Public Improvement Performance Standards.A set of regulations
setting forth the
details,specifications,and instructions to be followed in
the planning,design,and construction of certain public improve-
ments in the city of Apache Junction.
7.03.17 Definitions beginning with "Q"
(Reserved)
7.03.18 Definitions beginning with "R"
Reclamation.A process of restoring land t6 its former or other
productive use which achieves a stable ecological
state,and which does not contribute substantially to environ-
mental deterioration or the degradation of surrounding aesthetic
values.
7-12
Right-of-way.The entire strip of land lying between the property
lines of a street,thoroughfare,alley,or easement
dedicated to the public and over which exists a legal right
of passage by other persons.
7.03.19 Definitions beginning with "S"
Sale or lease.Every disposition,transfer or offer,or attempt
to dispose of or transfer land in a subdivision
or an interest therein by a subdivider or his agent,including
the offering of such property as a gift or prize if a monetary
charge or consideration for whatever purpose is required by
the subdivider or his agent.
Septic System.A sewage system usually consisting of a septic
tank,distribution box,and septic field or
dry -well with service connecting pipes.
Street.A way designated or intended for general public use,
accepted by the Council as a public right-of-way open
to vehicular and pedestrian travel or a street shown on a plat
heretofore approved pursuant to law or approved by official
action;or a street on a plat duly recorded in the county re-
corder's office.I t shall not include a controlled access
highway,thoroughfare,alley,private street,or private drive-
way,but shall include streets using such terms as "avenue,"
"boulevard,""circle,""court,""drive,""lane,""place,""road,"
"row,""street,""walk,"and other similar designations.A
street includes the land between the right-of-way lines whether
improved or unimproved and may comprise pavement,shoulders,
curbs,gutters,sidewalks,viaducts,bridges,lawns,and parking
areas.Street types shall include the following:
1)Arterial -provides for through traffic movement between
areas of the city and which is used or is intended
to be used as part of the principal network for
through traffic within the city.
2)Collector -that which is used or is intended to provide
for the movement of traffic between major
arterials and local streets within the city and may have
direct access to abutting property.
3)Local -used primarily for providing direct access to abutting
land and for local traffic movement connecting to
collector and/or major streets.
4)Cul-de-sac-a local street having only one (1)outlet for
vehicular traffic with a turn -around at the
opposite end.
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5)Frontage -a local street which is parallel to and adjacent
to an arterial,limited access highway or thorough-
fare,and which provides access to abutting land while re-
lieving them of the effects of through traffic on the adjacent
parallel facility.(Also referred to as "marginal access
street.")
Street,center line of.A line established as a centerline
of a street by any state,county,
municipality,or other official agency or governing body having
jurisidiction thereof and shown as such on an officially adopted
or legally recorded map.Where street lines are indeterminate
or where no official center line of a street exists,the center
line shall be established by the Director of Public Works.
Street Classification Plan.A plan which provides for the develop-
ment of a system of major streets
and highways,including the location,width,and alignment of
existing and proposed thoroughfares.
Street Line.A line defining the edge of a street right-of-
way and separating the street from abutting property
or lots.If on the Street Classification Plan duly adopted
by the Council a street is scheduled for future widening,the
proposed right-of-way line shown on the said plan shall be the
street line.
Street Width.The distance between street lines,measured at
a right angle to the center line of the street.
Subdivider.A person,firm,corporation,partnership,association,
syndication,trust oh other legal entity that files
the application and initiates proceedings for the subdivision
of land in accordance with the provisions of this ordinance
and any other applicable ordinance or statute,except that an
individual serving as agent for such legal entity is not a sub-
divider.
Subdivision or Subdivided Lands.Improved or unimproved land
or lands divided or proposed
to be divided for the purpose of financing,sale,or lease,
whether immediate or future,into four (4)or more lots,tracts,
or parcels of land or,if a new street is involved,any such
property as is divided into two (2)or more lots,tracts,or
parcels of land or,any such property the boundaries of which
have been fixed by a recorded.plat which is divided into more
than two (2)parts."Subdivision"also includes any condominium,
cooperative,community apartment,townhouse,or similar project
containing four (4)or more parcels in which an undivided interest
in the land is coupled with the right of exclusive occupancy
of any unit located thereon,but plats of such projects need
not show the buildings or the manner in which the buildings
or airspace above the property shown on the plat are to be divided.
"Subdivision"does not include the following:
1)The sale or exchange of parcels of land to or between adjoining
property owners i f such sale or exchange does not create additional
lots.
2)The partitioning of land in accordance with other statutes
regulating the partitioning of land held in common ownership.
3)The leasing of apartments,offices,stores,or similar space
within a building or trailer park,nor mineral,oil,or gas
leases.
Surveyor.A licensed land surveyor authorized to practice in the
state of Arizona.
7.03.20 Definitions beginning with "T"
Tract.A defined area of land regardless of size.
Thoroughfare.A primary route which has at least two (2)moving
lanes in each direction which may be separated by a
median.Thoroughfares generally serve to move traffic over rela-
tively long distances within the city.Intersections are usually
at grade.Direct curb cuts to abutting property are provided,but
controlled by permit of the Arizona Department of Transportation
and/or the city of Apache Junction.
7.03.21 Definitions beginning with "U"
Utilities.Installations or facilities,underground or overhead,
furnishing for the use of the public (e.g.communication,
drainage,electricity,gas,water,sewer,storm water disposal,
solid waste disposal,and steam)which are owned and operated by
any person,firm,corporation,municipal department,or board duly
authorized by state or municipal regulations."Utility"or "utilities"
may also refer to such persons,firms,corporations,departments,or
boards as tense requires.
Unimproved lot or parcel.A lot or parcel of a subdivision which
is not improved.
7.03.22 Definitions beginning with "V"
Variance.A modification of the terms of this ordinance.
7.03.23 Definitions beginning with "W"
Walkway,common.Any parcel of land privately owned,contained
within a building site area,and appropriated
to the passage of tenants,employees,or owners,but not a private
walkway.
Walkway,private.Any parcel of land or extension of a dwelling
unit appropriated to the passage of the resident
of that dwelling unit to a common walkway,public walkway,driveway,
or street.
7-15
Walkway,public.Any parcel of land appropriated and dedicated
by action of the Council to the free passage
of the general public.
Water Supply.Such water supply system and distribution facilities
as are necessary to provide a reliable and adequate
water supply for private use and public fire protection services.
7.03.24 Definitions begining with "X"
(Reserved)
7.03.25 Definitions beginiing with "Y"
(Reserved)
7.03.26 Definitions beginning with "Z"
Zoning.The public regulation of the character and intensity
of the use of real estate.This is accomplished by
ordinance creating the establishment of districts or areas in
each of which uniform restrictions relating to improvements,
structure height,areas,bulk,density of population,and other
limitations are prescribed for the use and development of private
property.
7-16
ARTICLE VIII
Section 8.00 REPEAL OF CONFLICTING PROVISIONS
Section 8.01 REPEAL OF CONFLICTING PROVISIONS
Section 8.01 REPEAL OF CONFLICTING PROVISIONS
All ordinance and parts of ordinances in conflict with the provisions
of this ordinance or any part of the code aopted herein by reference
are hereby repealed.
8-1
ARTICLE IX
Section 9.00 PROVIDING FOR SEVERABILITY
Section 9.01 PROVIDING FOR SEVERABILITY
Section 9.01 PROVIDING FOR SEVERABILITY
If any section,sub -section,sentence,clause,phrase,or portion
of this ordinance or any part of the code adopted herein by reference
is,for any reason,held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction,such decision shall
not affect the validity of the remaining portions thereof.
9-1