HomeMy WebLinkAboutORD1452ORDINANCE NO. 1452
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY
CODE,VOLUME II,LAND DEVELOPMENT CODE,BY REPEALING
CHAPTER 2:SUBDIVISION REGULATIONS IN ITS ENTIRETY; AND
ADOPTING BY REFERENCE A NEW CHAPTER 2 AS MORE FULLY
DETAILED IN THAT CERTAIN DOCUMENT ENTITLED "2017
AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II,
CHAPTER 2:SUBDIVISION REGULATIONS";REPEALING ANY
CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTIES; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS,the mayor and city council on February 16,1983
adopted its first version of the City of Apache Junction
Subdivision Regulations; and
WHEREAS, since that first version was adopted, there have been
minor amendments thereto (see e.g.Ordinance No. 900 approved and
adopted on August 4, 1994); and
WHEREAS, the provisions are in need of additional updates to
be compliant with state law; and
WHEREAS, A.R.S. § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least one paper
copy of the code changes or public record are filed in the office
of the clerk of the municipality and one electronic copy is
accessible on the city's website and made available for public
inspection.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1. Existing Apache Junction City Code,Volume II,Land
Development Code,Chapter 2:Subdivision Regulations,is
hereby repealed in its entirety.
2. That certain document containing the amended and new Chapter 2
ORDINANCE NO. 1452
PAGE 1 OF 3
code provisions relating to subdivision regulations, entitled
"2017 Amendments to the Apache Junction City Code, Volume II,
Land Development Code,Chapter 2:Subdivision Regulations",
one paper copy and one electronic copy which are accessible on
the City's website and filed in the office of the city clerk,
which document was made a public record by Resolution No. 17-
28 of the City of Apache Junction,is hereby referred to,
adopted and made a part hereof as if fully set out in this
ordinance, pursuant to A.R.S. § 9-802.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance or any part of the codes or regulations 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.
SECTION IV PROVIDING FOR PENALTIES
Any violation of the provisions adopted herein shall be punishable
as a class one misdemeanor consistent with Apache Junction City
Code, Volume I, Chapter 1:GENERAL,ARTICLE 1-1:GENERAL,§ 1-1-11,
PENALTY.
PASSED AND ADOPTED BY THE MAYOR AND_ITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA,THIS ir-rwr DAY OF OtIN-rodtp,(1
2017.
SIGNED AND ATTESTED TO THIS / 7 14-DAY OF
JEFFOURDY
Mayor
ORDINANCE NO. 1452
PAGE 2 OF 3
z)e-ri,66.6,2 , 2017.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4 10.4-17
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1452
PAGE 3 OF 3
FINAL DRAFT
10/17/2017
2017 Amendments to Apache Junction City Code, Volume II,
Chapter 2:Subdivision Regulations
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CHAPTER 2: SUBDIVISION AND MINOR LAND DIVISION REGULATIONS
Article
2-1.ENACTMENT AND SCOPE OF REGULATIONS, ADMINISTRATION,
CONSTRUCTION, AND TERMS
2-2.PLATTING PROCEDURES AND REQUIREMENTS
2-3.SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
2-4.CONSTRUCTION ASSURANCES FOR ONSITE IMPROVEMENTS AND
AMENITIES
2-5.ADMINISTRATIVE SUBDIVISIONS; LAND SPLITS//MINOR LAND DIVISION, LOT
LINE ADJUSTMENTS, AND LOT COMBINATION
2-6.CONDOMINIUM PLATS AND CONDOMINIUM CONVERSIONS
2-7.DEFINITIONS
APPENDIX: PRELIMINARY AND FINAL PLAT CONDITIONS
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ARTICLE 2-1: ENACTMENT, SCOPE OF REGULATIONS, ADMINISTRATION,
CONSTRUCTION, AND TERMS
Section
2-1-1 Short title
2-1-2 Statement of legislative intent
2-1-3 Application; authority for local regulations
2-1-4 Relationship to General Plan, Zoning Ordinance, and other ordinances and
laws
2-1-5 Relationship to official maps
2-1-6 Minimum requirements
2-1-7 Application; greater restrictions
2-1-8 Prohibition of circumvention
2-1-9 Reference to any portion of this Chapter
2-1-10 Severability
2-1-11 Continuation of previously granted plats
2-1-12 Filing fees
2-1-13 Final plat approval required prior to conveyance
2-1-14 Prerequisites for issuance of building permits
2-1-15 Modifications and exceptions
2-1-16 Resubdivision of land
2-1-17 Vacation of plats
2-1-18 Preservation of archaeologic, historic, and natural features and amenities
2-1-19 Transfers and assignments
2-1-20 Cancellation by applicant
2-1-21 Violations and penalties
2-1-22 Legal procedures
2-1-23 Remedies
2-1-24 Construction; Terms
§ 2-1-1 SHORT TITLE.
This chapter shall be referred to and cited as the "Apache Junction Subdivision and Land Split
Regulations."
§ 2-1-2 STATEMENT OF LEGISLATIVE INTENT.
(A)This chapter is adopted to provide for the orderly growth and harmonious 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 chapter are intended to provide
a common ground for undertaking an equitable working relationship between public and private interests
so that both independent and mutual objectives can be achieved in the subdivision of land.
(B)More specifically, this chapter is adopted in order to achieve the following objectives:
(1)To aid in the implementation of the general plan of the city, including elements thereof;
(2)To accommodate new development in a manner which will preserve and enhance the city's
living environment through accepted principles of low impact development, floodplain preservation,
riparian ecosystem protection, reduction of the health impacts of development, utilizing aging friendly
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design, multi -modal and non- motorized transportation,creating quality neighborhood as well as
commercial and industrial development for all age and income groups, and generate high quality
development through skilled subdivision design;
(3)To provide lots of sufficient size and appropriate design for the purposes for which they are
to be used, including livability;
(4)To provide a coordinated street system having adequate capacity for the anticipated
pedestrian and vehicular traffic which will utilize it and ensure that it is designed to promote safe traffic
circulation;
(5)To provide for water supply, sewage disposal, storm drainage, stormwater retention, flood
control, and other utilities and facilities which may be required;
(6) To ensure and facilitate provisions for adequate school sites, public parks, recreation areas
and other public facilities;
(7)To protect and enhance real property values;
(8)To promote the conveyance of land by accurate legal descriptions;
(9)To promote logical procedures for the achievement of these purposes; and
(10)To coordinate subdivision activity of the city within the county in order to facilitate
transition from county to municipal jurisdiction of 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 the city general plan.
§ 2-1-3 APPLICATION; AUTHORITY FOR LOCAL REGULATIONS.
Pursuant to the powers and jurisdiction vested through A.R.S. Title 9, Article 6,et seq.,and other
applicable laws, statutes, ordinances and resolutions of the State of Arizona, the regulations hereinafter
contained in this chapter shall apply to all subdivisions or parts of subdivisions hereafter made entirely
or partially within the corporate limits of Apache Junction. The regulations contained in this Article are
authorized pursuant to A.R.S. §§ 9-461 through 9-463.06. The subdivider shall provide 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.
§ 2-1-4 RELATIONSHIP TO GENERAL PLAN, ZONING ORDINANCE, AND OTHER
ORDINANCES AND LAWS.
Every subdivision or land split 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 city land development code, 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.
§ 2-1-5 RELATIONSHIP TO OFFICIAL MAPS.
A subdivision plat or land split shall conform in all respects to the Street Classification Plan as prescribed
by § 13-2-3 Street Improvements, Article 13-2 Streets and Sidewalks, Chapter 13 Public Works, Volume
I, Apache Junction City Code, and any amendments thereto.
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§ 2-1-6 MINIMUM REQUIREMENTS.
In interpreting and applying the provisions of this Chapter, the provisions shall be held to be minimum
requirements.
§ 2-1-7 APPLICATION; GREATER RESTRICTIONS.
Where these regulations impose a greater restriction upon land improvement, development or land use
than is imposed or required by existing provisions of law, ordinance, contract or deed, these regulations
shall prevail.
§ 2-1-8 PROHIBITION OF CIRCUMVENTION.
As provided in A.R.S. § 9-463.03, it shall be unlawful for any person, individual, firm, corporation,
partnership,organization,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 subdivision 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 regulations of the Arizona Department
of Real Estate Division, Arizona Department of Water Resources, Arizona Department of Environmental
Quality, or the requirements of other agencies pertaining to the establishment of subdivisions.
Penalty, see Apache Junction City Code, Vol. I, § 1-1-11.
§ 2-1-9 REFERENCE TO ANY PORTION OF THIS CHAPTER.
Whenever reference is made to any portion of this chapter or to any other law or ordinance, the reference
applies to all amendments and additions now or hereafter made.
§ 2-1-10 SEVERABILITY.
If any provision of this chapter be held invalid, that invalidity shall not affect other provisions which can
be given effect without the invalid provision and, to this end, the provisions of this chapter are declared
to be severable.
§ 2-1-11 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 for all plats that were approved by Pinal or Maiicopa County.
2-1-12 FILING FEES.
(A)Fees for an application for plat approval for preliminary plat, final plat, amendment to final plat and
recordation are listed in the Apache Junction City Code, Vol. I, Chapter 4, Fees, Article 4-4: Planning,
Zoning Review and Subdivision Fees.
(B)Recordation fee is as established by the county.
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(C)The filing fee shall also cover filing of an amended or revised preliminary plat when processed as
the same case. If 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.
§ 2-1-13 FINAL PLAT APPROVAL REQUIRED PRIOR TO CONVEYANCE.
(A)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 subdivision or any part thereof, by metes and bounds description or otherwise, before recordation
of the final plat of either the entire subdivision or phase thereof. A contract for sale which is expressly
made contingent upon obtaining approval by the city council of such final plat within 1 year from the
date of the execution of the contract shall not be deemed prohibited by the foregoing provision.
(B)No person proposing to make or have made a subdivision within the territorial limits of these
regulations shall offer to sell the proposed subdivision before obtaining the council's approval of the final
plat of the proposed subdivision; provided however, an offer to sell the subdivision or phase thereof,
which is expressly made contingent upon obtaining approval of the final plat aforesaid within 1 year
from the date of the making of the offer shall not be deemed prohibited by the foregoing provision.
§ 2-1-14 PREREQUISITES FOR ISSUANCE OF BUILDING PERMITS.
The building official shall not issue any building permits for development on any part of a subdivision
until final plat approval is granted; except that no more than 3 model units are permitted at such time as
the base course for roadway access is completed to the model units site and upon the approval of the
development services director or his or her designee.
§ 2-1-15 MODIFICATIONS AND EXCEPTIONS.
(A)The principles of design and requirements for the layout of subdivisions, as set forth in Article 2-3
of this chapter, may be varied by the council. However, such subdivision shall, in the judgment of the
council, provide adequate provisions for all essential community requirements. No modifications shall
be granted by the council which would conflict with the goals and objectives of the general plan, zoning
ordinance, or with the intent and purposes of Article 2-3 of this chapter.
(B)In any particular case where the subdivider can show that extraordinary conditions of topography,
adjacent development, irregular parcel shape, floodplain, fissures, or other conditions exist,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 the
difficulty or hardship; provided, such relief may be granted without detriment to the public good and
without impairing the intent and purposes of this article or the desirable general development of the
neighborhood and the community in accordance with the general plan, and shall not be contrary to the
city 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.
(1) In modifying the standards or requirements set forth in this chapter, as provided above, the
council may make additional requirements, such as but not limited to protective covenants, deed
restrictions or other legal provisions, as are deemed necessary to secure substantially the objectives of
the standards or requirements so modified.
(2) In providing for modifications, a mere finding or recitation of the enumerated conditions
unaccompanied by the finding of specific fact, shall not be deemed "findings of fact" and shall not be
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deemed in compliance with this chapter.
(3) The approval of departures or modifications from the regulations of this chapter shall not be
considered as precedent -setting when the findings of fact clearly indicate the unique circumstances which
warranted the departure or modification.
§ 2-1-16 RESUBDIVISION OF LAND.
(A)Procedure for resubdivision.For any change in a map of a recorded subdivision plat, if the change
effects any street layout shown on the map, or area reserved thereon for public use, or any exterior lot
line, or if it affects any plat legally reached prior to the adoption of this chapter, except where the lots
involved are made larger and where any interior lot lines are involved, the parcel shall be approved by
the same procedure, rules and regulations as for a new subdivision.
(B)Procedure for subdivisions where resubdivision is indicated.Whenever a parcel of land is
subdivided and the subdivision plat shows 1 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 streets 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.
§ 2-1-17 VACATION OF PLATS.
(A)When a recorded plat is proposed 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.
(B)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 the plat.
(C)The applicant shall also secure all utility extinguishments from all the utility agencies that were
granted easements through the original platting process. No instrument shall be recorded to vacate any
plat until such time as all utility easements extinguishments are recorded.
§ 2-1-18 PRESERVATION OF ARCHAEOLOGIC, HISTORIC, AND NATURAL FEATURES
AND AMENITIES.
(A)Existing features which would add value to residential development or to the local government as
a whole, such as trees, water courses and similar irreplaceable assets, shall 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 development services project engineer or his or her designee and any assurances as required are
provided. The city may issue an at -risk grading permit provided that the improvement plans have met
the technical requirements of the engineering standards.
(B)Upon discovery of any historic, or prehistoric ruin, burial ground, archaeologic or vertebrate
paleontological site, or site including fossilized footprints, inscriptions made by human agency or any
other historic, paleontologic or archaeologic feature, situated on lands proposed for subdivision, or during
the course of development of such lands, the subdivider or developer shall notify the planning division
of the city and the State of Arizona to advise as to report the discovery.
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§ 2-1-19 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, that transferee or assignee shall make application for a change of the
application, in which case the city shall hear the application as if it were a new subdivision.
§ 2-1-20 CANCELLATION BY APPLICANT.
Cancellation may be initiated by the applicant of the property covered by the application prior to final
plat approval by means of a written notice of cancellation directed to the planning division. Cancellation
of the application shall become effective immediately upon receipt by the city of the notice of
cancellation in the office of the planning division.
§ 2-1-21 VIOLATIONS AND PENALTIES.
(A)Penalties for any violation of the Apache Junction Subdivision Regulations are provided for
pursuant to Apache Junction City Code, Vol. I, § 1-1-11.
(B)The approval of a preliminary plat may be revoked by a majority vote of the city council upon
finding that 1 or more of the plat stipulations or provisions of the subdivision regulations have been
violated. The council may reinstate approval of the preliminary plat when it is satisfied that a compliance
with the provisions of these regulations or stipulations has been achieved. If approval of the preliminary
plat is permanently revoked, a request to resume the subdivision shall be treated as a new application.
(C)(1)The development services director or his or her designee, by written order setting forth the
reasons therefore, may stop all work on a subdivision if he or she finds that a major violation of the
subdivision ordinance has occurred, creating 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.
(2)After work is stopped, no work on the subdivision, except to correct the problems specified
by the director or his or her designee, may proceed until written authorization is given by the director or
his or her designee. While work is stopped, the subdivider may appeal, within thirty days to the city clerk,
the director's stop order to the council which shall meet at the next regularly scheduled council meeting
to consider the matter. The council, after hearing both sides, may reverse or modify the director's order
within thirty days if the council finds that the director has been unreasonable or arbitrary. The burden of
proof in such an appeal shall be upon the subdivider.
(D)The imposition of any sentence shall not exempt the offender from compliance with the
requirements of this article.
§ 2-1-22 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 unlawful, against the public safety and welfare, and a public nuisance,
and the City Attorney shall, 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, developing,
erecting, building or maintaining any such building, or using any property, contrary to the provisions of
these subdivision regulations, or otherwise violating these subdivision regulations.
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§ 2-1-23 REMEDIES.
(A)All remedies provided herein shall be cumulative and not exclusive. The conviction and punishment
of any person hereunder shall not relieve the person from the responsibility to correct prohibited
conditions or to remove prohibited buildings, structures or improvements, nor prevent the enforcement,
correction or removal thereof.
(B)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 proceedings to prevent, abate or remove the unlawful erection,
construction, reconstruction, alteration, maintenance or use.
§ 2-1-24 CONSTRUCTION; TERMS.
The following rules of construction shall apply unless inconsistent with the plain meaning of the context
of this chapter:
(A)The particular shall control the general.
(B)In the event there is any conflict or inconsistency between the heading of an article, section, division
or paragraph of this chapter and the context thereof, the heading shall not be deemed to affect the scope,
meaning or intent of the context.
(C)In case of any difference of meaning or implication between the text of this chapter and any caption,
illustration, summary table or illustrative table, the text shall control.
(D)In case of conflict between regulations, the more restrictive shall apply.
(E)Words used in the present tense shall include the past and future tenses and vice versa.
(F)Words used in the singular number shall include the plural, and the plural the singular, unless the
context indicates the contrary.
(G) The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
(H) Unless the context clearly indicates the contrary, where a regulation involves two or more items,
conditions, provisions or events connected by the conjunction "and," "or," or "either or," the conjunction
shall be interpreted as follows:
(1)"And" indicates that all the connected items, conditions, provisions or events shall apply.
(2)"Or"indicates that the connected items,conditions,provisions or events shall apply
singularly or in any combination.
(3) "Either or" indicates that the connected items, conditions, provisions or events shall apply
singularly but not in combination.
(I) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or
"occupied for."
(J) 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.
(K) The word "oath" includes affirmation.
(L) 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.
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(M) The word "council" shall mean the city council of the city.
(N) The word "commission" shall mean the planning and zoning commission of the city.
(0) The word "board" shall mean the board of adjustment of the city.
(P) The terms "building official," "city attorney," "city clerk," "city manager,"
"development services director," "director of public works," "city engineer," "development services
project engineer," and "zoning administrator" shall mean the respective officers of the city or their
authorized agents.
(Q) The term "Department of Transportation" or "ADOT" shall mean the State of Arizona Department
of Transportation.
(R) 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.
(S) The term "building code" shall mean the International Building Code,2006 2015 Edition.
(T)The term "Arizona Revised Statutes" shall mean the Code of the State of Arizona,1956,as
amended.
(U) The word "written" includes handwritten, printed, type -written, mimeographed or multigraphed
matter, email, faxes, and texts.
(V)The term "fire code" shall mean the current adopted edition of the International Fire Code.
(W) The phrase "this ordinance" or "this subdivision ordinance" shall mean the "Apache Junction
Subdivision Regulations" as contained in this Land Development Code of the city as adopted by the
council by ordinance.
(X) The term "zoning ordinance" shall mean all portions of the most current "Apache Junction, Arizona,
Zoning Ordinance" as contained in this Land Development Code of the city, including the Zoning Map.
(Y) The term "general plan" shall mean "the most recently adopted general plan by city council".
(Z) The term "commission" shall mean the planning and zoning commission as established in Apache
Junction City Code, Volume I, Chapter 2,Article 2-22.
(AA) The term "division" shall mean the planning division of the City of Apache Junction, Arizona.
ARTICLE 2-2: PLATTING PROCEDURES AND REQUIREMENTS
Section
2-2-1 Outline of platting procedures
2-2-2 Pre -application conference
2-2-3 Conceptual subdivision plat (optional)
2-2-4 Preliminary plat
2-2-5 Final plat
§ 2-2-1 OUTLINE OF PLATTING PROCEDURES.
The preparation, submission, review and official action concerning all subdivision plats proposed
within the City of Apache Junction shall proceed through the following progressive stages:
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Stage I Pre -Application
Conference
Stage Conceptual
II Subdivision Plat
(optional)
Stage
III Preliminary Plat
Stage Final PlatIV
§ 2-2-2 PRE -APPLICATION CONFERENCE.
(A)Purposes.The pre -application conference stage of subdivision planning comprises an investigatory
period which precedes actual preparation of a preliminary plat by the subdivider. During this required
stage, the subdivider makes known his or her intentions to city staff and is advised of public objectives,
platting procedures and requirements as they may relate to the subject tract.
(1) 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 that case, the subdivider shall consider initiating the necessary
rezoning application.
(2) During this stage, it may be determined that relinquishment would be required of existing
public rights -of -way or extinguishment of easements and, in either case, the subdivider shall initiate the
necessary application.
(3) The Pre -application Conference affords city staff the opportunity to give informal guidance
to the subdivider. Lot layout shall be governed by the buildable site on the lot, the grading and drainage
pattern of the lot, the natural ecosystem and features, and the coordination of sizes of lots with
requirements for community infrastructure. Staff will discuss the proposal with the subdivider. Written
list of comments is to be provided by the different city departments and the utility agencies in order that
the subdivider may be informed of the utility agencies and city's procedures, design and improvement
standards, and general plat requirements. The information given at a pre -application conference is
limited. Any determinations made will be very tentative and still subject to the formal process.
(4)To facilitate the preliminary plat review and avoid undue delay,the city will invite
representatives of the fire district, sewer, and water utilities suppliers to the pre -application conference
to learn the general requirement for sewage disposal and for obtaining water supply and any fire district
requirements, as applied to his or her location, and to determine if any applicable fees are charged by
these agencies.
(B)Information desired.In carrying out the purposes of the pre -application stage, the subdivider and
city staff may meet informally and discuss the proposal. The subdivider shall provide two copies of the
pre -conceptual subdivision showing the project location, and proposed street and lot layout.
§ 2-2-3 CONCEPTUAL SUBDIVISION PLAT (OPTIONAL).
(A) Purpose. Prior to formal submittal of a preliminary plat as outlined below, the subdivider shall submit
a conceptual subdivision plat for review by the planning and zoning commission. The purpose of such
submittal is to gain tentative approval prior to expending time and resources on a preliminary plat. This
review process is not binding on either the City or the subdivider.
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(B)Criteria. The subdivision design shall reflect the following:
•Preservation of the character of the land.
•Economy of construction.
•Inclusion of special facilities.
•Variation in design.
•Privacy and sociability.
•Individual lot sizes that are practicable and desirable.
•Low impact development.
•Energy efficiency and green construction.
•Mobility and Walkability.
(C) Conceptual subdivision plat content. The following items shall be provided by the applicant as
part of the conceptual subdivision plat submittal:
(1)Vicinity Map.
(2)Name of development and sketch plan.
(3)Location by Section, Township and Range.
(4)Legal Description: Dimensions are to be shown by either a metes and bounds description or
description by aliquot part or by reference to a tract or parcel shown on a previously recorded
subdivision or Results of Survey plat.There must be a tie (by scale or legal description) to at least
two aliquot corners (section, quarter -section, etc.), or by reference to a tract or parcel shown on
previously recorded subdivisions or results of survey plat.
(5)Boundaries of development clearly identified.
(6)North arrow.
(7)Scales (both graphic and equivalent inch to feet) using standard engineering intervals. Not
to exceed 1" = 200'. Sheet size no smaller than 24" x 36".
(8)Date of preparation plus date of any amendments since original submittal.
(9)Contact Info:Names,addresses,phone numbers and notation of relationship to
development for landowners, subdivider/development agents, engineers,surveyors,land planners,
landscape architects,architects,hydrologists or others responsible for design (include registration
numbers).
(10)Zoning: Existing and proposed zoning.
(11)Proposed land uses and densities by area as well as ownership patterns, surrounding
land uses and zoning within 300'.
(12)Tentative Lot and Tract Layout.
(13)Proposed Circulation Plan:The applicant shall submit a proposed vehicular,bicycle,
pedestrian and equestrian circulation plan. The circulation plan shall include:
a)Show all existing and proposed streets (public or private) and their classification
(arterial,collector,local street)within the project proposed connections to the
existing streets network.Scale not to exceed 1"=500'.The map shall also
demonstrate legal primary and secondary access as well as existing or proposed
street right-of-way widths.
b)Existing or proposed sidewalks and pedestrian and equestrian trail networks and
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open space features affected by or intended to be implemented as part of future
subdivision design.
(14)Land Data Table: Identify in chart or note form on the conceptual subdivision plat the
following:
a)Total acreage, acreage for each use and each phase.
b)Number units/lots for each type of use and phase.
c)Average area per lot/unit proposed.
d)Percent open space, exclusive of streets, building envelopes, and parking areas.
e)Identify unique site conditions including major drainage features, fissures, etc).
(D) Evaluation of conceptual subdivision plat.
(1)Eighteen (18)copies of the conceptual subdivision plat in an addition to an electronic
copy in PDF format shall be submitted to the development services department. Within fifteen (15)
working days of submittal, the conceptual subdivision plat shall be evaluated and discussed in a meeting
that may include the applicant(s), reviewing agency representatives and city staff.
(2)Fees.Application for conceptual subdivision plat approval shall include payment of the
filing fees as set forth in chapter 4, Fees, Article 4-4, Vol. I, Apache Junction City Code.
(3)The Development Services Department shall route the conceptual subdivision plat to city's
other departments and agencies.
(4)Upon receipt of reviewing departments and agencies comments, the development services
department staff shall compile all comments and respond to the applicants or agents as the proposed project
relates to the following:
a)Conformance to City of Apache Junction general or specific area plan(s).
b)Suitability of the site for development,proposed/existing and potential
development opportunities and constraints.
c)The improvements, design and dedications required by city improvement standards.
d)Zoning requirements.
e)Drainage Requirements.
(E) Approval of conceptual subdivision plat.
(1)The planning and zoning commission shall make a recommendation whether or not the
conceptual subdivision plat meets the purposes of these regulations and related city ordinances and
design specifications and shall make specific recommendations to be incorporated by the applicant into
a preliminary plat submittal.
(2)Approval of a conceptual subdivision plat is approval of the proposal in concept only, and
is not final project approval.
(F) Denial of conceptual subdivision plat. If the planning and zoning commission determines that the
conceptual subdivision plat submittal is not consistent with the city's general or specific area plan(s)
and/or determines that the proposed development does not meet City improvement/design specifications,
the planning and zoning commission may deny the conceptual subdivision plat application or request
modifications to be incorporated into a preliminary plat submittal.
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(G) Appeal. If the project developer objects to a decision by the planning and zoning commission to deny
a conceptual subdivision plat or recommended modification to same, the planning and zoning commission
decision may be appealed to the city council. Upon submittal to the development services director of a
written statement of objection, the matter shall be placed on the agenda for the next available council
meeting.
§ 2-2-4 PRELIMINARY PLAT.
(A)The preliminary plat stage of land subdivision includes detailed subdivision planning, submittal,
review and approval of the preliminary plat. The subdivider shall provide the planning division with all
information essential to determine the character and general acceptability of the proposed development
to allow for the establishment of the design parameters for the final plat and the improvement plans. The
preliminary plat shall conform to the approved conceptual subdivision plat as approved by the planning
and zoning commission and city council, if this optional step was undertaken. A preliminary plat process
may be waived for a proposed platting of a substantially developed property, as it is in the opinion and
approval of the development services director and/or city engineer or their designees. Substantially
developed includes a build -out property with stormwater retention and drainage facilities, landscaping,
and onsite and offsite infrastructure improvements.
(B) (1)Preliminary plat submittal.
a) Filing.A complete application for preliminary plat approval to include 20 copies of
the preliminary plat, an electronic copy in PDF format and other required documents, shall be filed with
the planning division. The submittal of an incomplete application shall be rejected and the subdivider
notified,in writing,of the deficiencies of application.Upon determination that the submittal is
substantially complete, it shall be assigned a case number and distributed.
b)Fees.Application for preliminary plat approval shall include payment of the filing
fees as set forth in chapter 4, Fees, Article 4-4, Vol. I, Apache Junction City Code.
(2)Preliminary plat review.
a) Upon receipt of a complete application for a preliminary plat, inclusive of all fees, the
planning division shall log in the date of submittal and perform its review for compliance to public
objectives, giving special attention to the minimum application requirements for preliminary plat as set
forth in this Chapter. The planning division shall distribute the application and the preliminary plat to the
following staff and agencies for review and written comments that pertain to their area of expertise and
responsibilities:
1.director of public works;
2.city engineer;
3.development services project engineer;
4.police chief;
5.fire district chief;
6.county health department;
7.superintendent of school district;
8.United States Postmaster at Apache Junction, Arizona;
9.county engineer and director of county planning, if proposed subdivision abuts
county areas;
10. Where the land abuts a state or federal highway, to the Arizona Department of
Transportation; and
11.utility companies.
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b) The reviewing staff and agencies shall transmit their recommendations to the planning
division.
c) The planning division shall consolidate the reviewing staff and agencies comments
and requirements and transmit the same to the applicant for incorporation of the revisions to the
preliminary plat.
d)Once the new preliminary plat substantially conforms to the provision of this
ordinance, the development services staff shall notify the applicant of meeting dates of planning and
zoning commission and city council to consider the preliminary plat application.
(3)Preliminary plat approval.The commission shall meet and offer its recommendations to the city
council on the preliminary plat after considering the recommendations of city staff and the above
agencies and entities. Public hearings shall be held by both commission and city council. The city council
may, by resolution, approve, conditionally approve or deny a preliminary plat.
(4)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 and site development. Preliminary plat approval is based on the following
terms:
division.
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 12 months from date of council's action, within which
period the subdivider must file a complete final plat application. A time extension for an additional 12
months may be granted by the city council if there had been no change in the city's policies or regulations
which would affect the subdivision; and
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.
(5) Existing developed lands. City may waive the requirements to prepare a preliminary plat for lands
that contain existing developments that include lots, streets, drainage improvements, and other existing
infrastructures.
(6)Form ofpresentation.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.
(C) See Appendix for preliminary plat conditions.
§ 2-2-5 FINAL PLAT.
This stage includes the final design of the subdivision, engineering of public improvements and site
development, and submittal of the plat and plans by the subdivider for review and for action by the
council. The final plat shall not be denied, if it substantially conforms to the approved preliminary plat
and submitted within 12 months of an approved preliminary plat, and further provided that the submitted
final plat meets all the requirements of these regulations.
(A)Final plat submittal requirements.Prior to the expiration of the approved preliminary plat, the
subdivider shall file a complete final plat with the planning division consisting of the following
(1) Fifteen 24" x 36" prints of the final plat.
(2) Title report issued not more than 30 days prior to the date of submittal by a state -registered
title company.
(3) Electronic submittal and four sets of the improvement plans including, paving and street
improvement plans, site and drainage improvement plans, utility plans, stormwater pollution prevention
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plans (SWPPP), and street lights plans.Improvement plans submittal requirements are outlined in § 10-
2-17 Civil Engineering Plan Review Checklist, Engineering Standards, Vol. II, Apache Junction City
Code.
(4) The subdivider shall file a streetlight improvement district application with public works
department prior to the approval of the final plat.
(5) Conditions, Covenants and Restrictions ("CC&Rs"). The subdivider shall submit two
(2) copies of the deed restrictions that describe the responsibilities of the unit owners for maintaining
common areas and facilities and all other pertinent information and requirements as applicable.
(6) The director or his or her designee may require an applicant to adhere to all preliminary plat
requirements during the final plat process, such as, but not limited to, establishing an HOA and
including CC&Rs in its deeds setting forth the perpetual obligation to financially contribute for the
maintenance of all community areas such as private roads, pools, and playground and recreational
areas.
(7) Payment of the final plat filing fees as set forth in Chapter 4, Fees, Article 4-4, Vol. I, Apache
Junction City Code.
(B)Final plat review
(1) The planning division, upon receipt of the final plat and improvement plans submittals, shall
immediately record the date of filing and shall review the final plat and improvement plans for
completeness. If complete, the planning division shall review the final plat and improvement plans for
substantial conformity to the approved preliminary plat and refer copies of the submittal to the following
staff and agencies which will be requested to make known their recommendations, in writing, addressed
to the Council through the planning division and city manager:
See list of reviewing staff and agencies as shown in § 2-2-4(B)(2)(a) for preliminary plat
review.
(2) The planning division shall assemble the recommendations of the various reviewing offices,
prepare a concise summary of recommendations,and submit the summary with the reviewers'
recommendations back to the applicant or their representative
(3) Once the planning division has transmitted revisions and recommendations for corrections to
the final plat and improvement plans one or more times, and all revisions are not submitted back to the
city within 12 months, a new final plat application and fees shall be required to re -initiate the final plat
process.
(4) In the event that the planning division finds that the final plat does not substantially conform
to the preliminary plat as approved by the city council, the subdivider shall revise to conform to the
preliminary plat or shall be required to submit a new preliminary plat application.
(C)Council hearing and action.
(1) Upon receipt of a request for council action by the planning division, in accordance with
procedures established by the City Clerk, the development services director shall place the final plat on
the council agenda of the next regular meeting, whereupon the council shall consider the application.
(2) Upon approval of the final plat by the city council, 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.
(3) When the certificate of approval by the council has been transcribed on the final plat, the
planning division shall retain the copy to be recorded until the civil engineering improvement plans have
been approved, and the public improvement security has been provided.
(4) The planning division shall cause the final plat to be recorded in the office of the county
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recorder of the county within which the platted lands lie and the recordation fee shall be paid thereto.
(5) The original mylar copy of the recorded plat shall be retained by the Planning division,
including the submittal of electronic copies in PDF and DWG format.
(6) If 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 for rejection.
(D)See Appendix for final plat conditions.
(E) Final Plat Recordation (including amended plats).
(1) All the required improvement plans (grading and drainage, paving, utilities, etc.) shall be
approved by the city prior to final plat recordation.
(2) When the improvement plans have been approved, the final plat shall be signed by the
appropriate city officials to indicate the city's approval, and the city shall cause the plat to be recorded
in the appropriate county recorder's office.
(F) Final Plat Amendment.
One of the three following methods shall be utilized to amend a recorded final plat.The developer shall
arrange a meeting with development services department staff to determine the method of amendment.
Any amendment to recorded plat may be subject to the currently adopted city codes or state statutes
which may have occurred since the recordation of the original plat, as determined by city staff
(1) Return to the preliminary plat/final plat procedure (major changes). This method shall be
utilized when there are proposed changes involving any of the following: zoning, type of lots, number of
lots (four or more), tracts or common area facilities or a change to the purpose of any tract common areas.
Any changes which substantially alters the original approved final plat, as determined by city staff, shall
require a preliminary plat and final plat procedure.
(2) Re -plat procedure (moderate changes). This method shall be utilized when there are proposed
changes involving any of the following: the configuration of 3 or more lots, lot line adjustments affecting
3 or more lots, roadway alignment, abandonment of public rights -of -way, tracts dedicated for specific
purposes, extinguishment of easements, dedication or rededication of rights -of -way. No preliminary plat
is required with this procedure.
(3) Certificate of correction (minor changes). This method shall be utilized when there are minor
changes proposed involving any of the following: an adjustment to no more than two lots or one lot and
one tract, bearing or distance changes, minor corrections to language of dedication, notes, or legal
description. Certificate of correction shall be prepared by a registered land surveyor. Development
services department staff shall review and approve the certificate of correction prior to recordation at the
county recorder's office (for lot line adjustments, see section 2-5-4).
(G) Final Plat Vacation.
Refer to section 2- 1- 17 of this Subdivision Regulations.
ARTICLE 2-3: SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
Section
2-3-1 In general
2-3-2 Street location and arrangement
2-3-3 Street design
2-3-4 Block design
2-3-5 Lot planning
2-3-6 Easement planning
2-3-7 Street names
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2-3-8 Street and utility improvement requirements
§ 2-3-1 IN GENERAL.
(A) 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, the site shall be dedicated to
the public and ownership shall be transferred to the appropriate entity concurrently with final plat
recordation. An agreement shall be reached between the subdivider and the appropriate public agency
regarding time, method and cost of the acquisition. In the event the development services director or his
or her designee determines that such an agreement has not been reached within the specified period of
time, then the development services director or his or her designee may make a determination that the
requirements of this section have not been met. The final plat shall not be recorded unless such an
agreement is entered into between the parties.
(B) Land which is subject to periodic flooding or land which the development services project engineer
or his or her designee determines cannot be properly drained shall not be subdivided, except that the city
council may approve subdivision of the land upon receipt of evidence from the development services
project engineer or his or her designee that the construction of specific improvements can be expected to
render the land suitable for subdividing; thereafter, construction upon the land shall be prohibited until
the specified improvements have been planned, designed and construction guaranteed to the satisfaction
of the development services project engineer or his or her designee. Land within the Federal Emergency
Management Agency ("FEMA") floodplain areas is administered through § 5-1 Floodplain Management,
Chapter 5, Vol. II, Apache Junction City Code.
(C) The project's surveyor/engineer shall submit the compaction report and the building pad elevation
certification prior to the issuance of the building permit for each lot within the subdivision. A drainage
and retention certification for all related drainage areas shall be submitted prior to the release of a building
clearance for occupancy. As -built plans shall be provided to the city at the final completion stage of the
subdivision, indicating the finish floor elevation of each structure and all other pertinent grade elevations
within the project. Building structures with basements shall submit finish floor elevation certification
prior to the release of a building clearance for occupancy.
§ 2-3-2 STREET LOCATION AND ARRANGEMENT.
(A) 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.
(B)Street layout shall provide for the continuation or termination of such streets.
(C) Certain proposed public streets, as designated by the development services director and the city
engineer or their designees, shall be extended or stubbed to the tract boundary to provide future
connection with adjoining unplatted lands. Easements and improvements for temporary cul-de-sacs shall
be provided. No spite strips are permitted.
(D) Local streets shall be so arranged and designed as to provide connectivity and to discourage their use
by through traffic.
(E) 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.
(F) Where a subdivision abuts or contains the right-of-way of a limited access highway or an irrigation
canal, or abuts a commercial or industrial land use, the development services director and the city
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engineer or their designees may require location of a street approximately parallel to and on each side of
the 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 separation. The city
may require a shared access roadway/drive to serve abutting residential and commercial/industrial land
uses.
(G) 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.
(H) The city policy is to discourage alleys in residential subdivisions. Public alleys shall conform to the
requirements of §10-3-6 (F) Public Alleys, Engineering Standards, Vol. II, Apache Junction City
Code.
(I)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 the half -street furnished the sole access to residential lots, the remaining half shall be
platted.
§ 2-3-3 STREET DESIGN.
Street design shall conform to the requirements of Article 10-3 Street Design and
Construction, Engineering Standards, Vol. II, Apache Junction City Code.
§ 2-3-4 BLOCK DESIGN.
(A)Maximum lengths.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
1/2 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.
(B)Cul-de-sac streets.Maximum length of cul-de-sac streets is 750 feet measured from the intersection
of right-of-way lines to the extreme depth of the turning circle along the street centerline, and serve no
more than 24 dwellings. 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 shall be made for extension of street patterns to the adjoining unplatted
parcel and a temporary turn -around installed.
(C) Pedestrian ways. Pedestrian ways shall 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.
§ 2-3-5 LOT PLANNING.
(A)(1) 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.
(2) Depth -to -width ratio of the usable area of lot shall usually be not greater than 3:1.
(3) 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
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requirements which exceed the minimum requirements of the particular zoning district.
(B)Side lot lines shall be at right angles and radial to curves.
(C) Every lot shall abut a public or private street at a minimum 30' of frontage. A private street shall
possess satisfactory access to other existing public streets. Private streets shall be owned and maintained
by a private association or corporation and will not be considered for future dedication and city
maintenance if not developed to minimum city standards.
(D)Single-family residential lots extending through the block and having frontage on two parallel streets
shall not be permitted; backing or siding of lots to thoroughfares shall be allowed, providing the average
lot depth is increased by 10 feet installation of a 10 -foot landscape buffer as required by the landscape
code and a 6 -foot high from finished lot grade masonry wall or other suitable decorative fencing material
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 those streets.
Lots fronting on a thoroughfare or arterial street shall require a frontage road.
(E) Lots on 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
development services project engineer or his or her designee. Curvilinear rear lot lines with a minimum
radius of 800 feet may be provided, if approved by the development services project engineer or his or
her designee.
(F) No Flag Lots are allowed.
§ 2-3-6 EASEMENT PLANNING.
(A) The subdivider shall provide utility easements as required by the serving utilities and is responsible
for coordinating such with the utilities concerned.
(B) Except where alleys are allowed and provided, lots shall provide for front and side utility easements
as required by the utility company.
(C) Where alleys are provided in multiple -family, commercial or industrial areas, a refuse container,
transformer and service cabinet easement shall be provided of sufficient size as determined by the
development services project engineer or his or her designee and/or utility company.
(D)Drainage and other easements shall be indicated as required by the development services project
engineer or his or her designee.
§ 2-3-7 STREET NAMES.
The subdivider shall indicate the proposed street names subject to approval by the city council 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 council adoption of
same.
§ 2-3-8 STREET AND UTILITY IMPROVEMENT REQUIREMENTS.
The Engineering Standards set forth in Apache Junction City Code, Vol. II, Chapter 10, Article 10-3
Street Design and Construction shall govern all such requirements.
ARTICLE 2-4:CONSTRUCTION ASSURANCES FOR ONSITE IMPROVEMENTS AND
AMENITIES
Section
2-4-1 Default
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2-4-2 Inspection and release
§ 2-4-1 DEFAULT.
In the event that the subdivider fails or neglects to satisfactorily install the required improvements within
the time agreed upon for performance, the city shall withhold the issuance of building permits until such
time as the improvements are installed and inspected per the city approved plans.
§ 2-4-2 INSPECTION AND RELEASE.
(A) The subdivider, using the services of an Arizona registered professional civil engineer and plans as
approved by the city development services project engineer or his or her designee, shall be responsible
for the quality of all materials and workmanship. At the completion of the work, the subdivider's engineer
of record shall make an inspection of the improvements and shall submit a set of 'as -built' construction
plans if complete or a report on the status of improvements if only partially complete to the city
development services project engineer or his or her designee. The development services project engineer
or his or her designee will review the as -built plans and/or report and notify the developer of any non-
compliance with the approved construction plans or with any regulations.
(B) The following certification shall be sealed, signed and dated by the subdivider's engineer of record,
or any licensed civil engineer in the State of Arizona, on the as -built plans. The as -built plans shall be
approved by the development services project engineer or his or her designee. The certification statement
shall read as follows: "In my professional opinion, the constructions of all required improvements have
been completed in substantial conformance with the city approved plans and specifications including
changes and addendums. My professional opinion is based, in part, upon the completion of certain tests
and measurements and/or the review of the results of such tests and measurements completed by others."
ARTICLE 2-5: ADMINISTRATIVE SUBDIVISIONS; LAND SPLITS/MINOR LAND
DIVISION, LOT LINE ADJUSTMENT, AND LOT COMBINATION
Section
2-5-1 Applicability
2-5-2 Enforcement
2- 5-3 Land split application and approval procedures
2-5-4 Lot line adjustment
2-5-5 Lot combination
§ 2-5-1 APPLICABILITY.
(A) The regulations contained in this Article shall apply to all divisions of land created for sale or lease
within the corporate limits of Apache Junction, defined by this Article to be a land split.
(B)It shall be unlawful for any person, partnership or other legal entity to create for sale or lease any
parcel that is subject to the requirements of this Article until a recorded land split map and accompanying
deeds complying with the provisions of this article has been approved by the city.
(C) An approved land split map shall be null and void, if the appropriate deeds regarding said land split
are not recorded within 12 months of city approval.
(D) The following are the requirements for the division of land that shall proceed through the subdivision
process:
•The division of any property into two or more parcels, if a new public street is involved.
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•The division of any property, the boundaries of which have been fixed by a recorded
subdivision plat, into more than two parcels.
•The creation of four or more units having the right of exclusive occupancy coupled with
an undivided interest in the land, such as in a condominium, horizontal property regime,
cooperative, community apartment, townhouse or similar project.
(E) The creation of up to three units having the right of exclusive occupancy coupled with an undivided
interest in the land, such as in a condominium, horizontal property regime or similar project, shall proceed
through the land split map process.
(F) Where land is taken from platted or unplatted parcel(s) is added to an adjacent parcel through
recording a deed, a boundary adjustment need not be filed with the city, provided that the proposed
adjustment does not:
(1) Create any new lots;
(2)Render any existing lots substandard in size or shape;
(3)Render substandard the setbacks of existing development; or
(4)Impair any existing access, easements or public improvements.
§ 2-5-2 ENFORCEMENT.
Vol. II, §§ 2-1-21, 2-1-22 and 2-1-23 shall apply.
§ 2-5-3 LAND SPLIT APPLICATION AND APPROVAL PROCEDURES.
(A)Approval of map.The division of land defined by this article requires the approval of a land split
map by the development services director or his or her designee or the city council.
(B)Purpose.The purpose of the land split map review is to determine the appropriateness of the access
and lot design with respect to the contours of the land, to determine if the setbacks of existing
development are being rendered nonconforming with the creation of new lot lines, to determine if a
subdivision is being created, and to determine whether or not the proposed land split conforms with city
policies and ordinances.
(C)Pre -application conference.
(1) The pre -application conference stage of the land split review is an investigatory period which
precedes the preparation and the submittal of the application. The applicant shall present his or her
proposal to the planning division, which shall advise the applicant of specific public objectives, standards
and regulations related to the property6and the procedure for land split review.
(2)This stage of processing affords the planning division the opportunity to give informal
guidance at a time when potential conflicts can be most easily resolved, additional requirements or may
be discussed, and undue expense and delay are saved by the applicant.
(D)Application requirements.Applicants requesting land split map approval shall submit the following
to the planning division:
(1) A completed application form;
(2) Fees as specified in the Apache Junction City Code, Vol. I, Chapter 4, Fees, Article 4-4;
(3)Three 18" x 24"blueline or blackline prints folded into a 9"x12"size.One mylar print (shall
be submitted later, but prior to final approval of the land split map);
(4) Proof of ownership, such as a copy of the deed to the land, and a signed statement in the
application form affirming current ownership. If discrepancies arise in verification, then applicant may
be required to provide additional proof of ownership, such as a vesting or title report; and
(5)After final review and all corrections have been made, one 18"x24"mylar final land split
22
map shall be submitted for development services director's signature.
(E)Planning Division review.The planning division shall review the application and make a
determination as to its completeness. The planning division shall advise the applicant of deficiencies if
the application is determined to be incomplete.
(F)Recommendations.Upon determining that an application is complete, the planning division may
distribute materials to the following agencies for their recommendations:
(1)Other city departments;
(2)Fire District Chief; and
(3)Any other relevant agency.
(G)Land split map requirements.
(1) The final land split map shall be submitted on a reproducible mylar film drawn with India
ink, or similar permanent ink, at a scale large enough to show all details clearly (normally 1 inch = 100
feet or larger) on a sheet 18" x 24". A line shall be drawn around the sheet leaving a margin of 1 inch,
and a left margin of 2 inches.
(2) The land split map shall show or contain the following information:
a) A title to read: "Apache Junction Land Split Map (case number);
b) Graphic and written scale, north indicator, and date of preparation;
c) Legal description of the parent parcel, and each proposed new lots;
d) Location and description of existing and proposed monuments to which all bearings,
dimension, angles and similar data shall be referenced. Such data shall be tied to the city datum system;
e) Boundaries of the property fully balanced and closed, showing all bearings and
distances (in feet and decimals thereof), determined by an accurate survey in the field. Boundary closure
calculations are required with error of closure;
0 By note or a legend, identify any symbols used on the map;
g) Bearings and dimensions of all existing parcel lines and proposed lot lines, with each
new lot identified by letter and indicating the net area in square feet of each lot;
h) Name, course, length and width of existing and proposed street dedications;
i) Location, length; and width of existing and proposed access, utility, public service and
drainage easements. No more than one lot or parcel may be granted a private access easement across
another abutting lot;
j) The identification of adjacent subdivisions and land split maps by record data;
k) Flood zone information and delineation on the map of any areas identified on the flood
insurance rate map as special flood hazard areas. Also, tributary washes outside the special flood hazard
areas shall be delineated;
1) The location of existing structures;
m) Name of owner or trustee;
n) Engineer's or surveyor's certificate:
"This is to certify that the survey and the map of the division of land described herein was accurately
done under my direction and that all lots are staked or will be staked and all monuments are set or will
be set within 1 year after recordation.
Signature Date Registration No.Seal"
o) Certificate of approval:
"This is to certify that this map complies with the requirements of the City of Apache Junction; and that
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this land split map is hereby approved on this
By:
Development Services Director"
day of , 20 .
(H)Evaluation criteria.The development services director or his or her designee and the city council (in
the case of an appeal), in evaluating and making decisions on land split proposals, shall consider the
following criteria:
(1) The land split proposal's consistency with the city's general plan;
(2) The proposal's conformity to the city's zoning ordinance;
(3) The proposal's conformity to Vol. II, Articles 2-3 and 2-4 of this Chapter and other applicable
sections of the city's subdivision regulations;
(4) The proposal's conformity with the city's street classification plan;
(5) The proposal's lot size and design in respect to the site's topography;
(6) The identification of any setback problems with respect to any existing development on the
property and the new lot boundaries to be created;
(7) A determination from the title information and lot/street design that a subdivision is not being
created;
(8) That the signatures on the land split map have been affixed with India ink, or similar
permanent ink, and other requirements for recordation are complied with; and
(9) Other pertinent criteria.
(I)Decision.The development services director or his or her designee shall render a decision on the
proposed land split. If approved, then one finalized Mylar land split map shall be submitted to the
development services director or his or her designee for final signature and recordation, and a copy of
the recorded land split shall be sent to the applicant. If the proposed land split is denied, a notice of the
decision shall be sent to the applicant advising him or her that he or she may appeal the decision of the
director or his or her designee to the city council. If approved, the applicant shall submit the following:
(1)A final, recordable, reproducible, mylar map 18" x 24" consistent with the approved land
split map.
(2)The format for recording shall meet all requirements of the county recorder's office.
(3)Once approved by the city, the city shall record the land split map with the county recorder's
office within 60 days of approval. The original mylar of the recorded land split map shall become the
property of the city.
(4)Within one (1) year of land split map approval, the owner/applicant shall record deeds for
the new lots and shall utilize the approved legal descriptions for the newly created lots, as transcribed on
the approved land split map.
(5)Owner/applicant shall provide the planning division with copies of the recorded deeds
within one (1) year. Failure to record the new deeds within one (1) year of approval shall render the
approved land split null and void.
(J)Appeal.An appeal of the director's decision must be filed, in writing, with the city clerk's office within
30 days of the date of decision. The council shall consider the appeal no earlier than 14 days nor later
than 45 days from the date of the filing of the appeal.
§ 2-5-4 LOT LINE ADJUSTMENT.
(A) Purpose and applicability. The lot line adjustment is an agreement between adjoining property
24
owners to adjust a common boundary line which does not result in a net gain in the number of lots or
parcels. For purposes of this article, a lot line adjustment shall conform to the following provisions:
(1) A lot line adjustment between owners of adjoining properties within the same recorded final
plat solely for the purpose of revisions to common boundary lines; and,
(2) Additional lots or parcels are not being created; and,
(3) All lots remaining after the lot line adjustment shall contain conforming setbacks and
minimum lot size, width, depth, and frontage as required by the zoning ordinance, and shall meet all other
lot development standards of the zoning ordinance.
(B)The council hereby grants the development services director or his or her designee, hereinafter
referred to as "director," the power and authority to administratively review and approve or disapprove
of minor adjustments of lot line boundaries for parcels within the city, as per the regulations contained
herein.
(C)General standards.
(1) All lot line adjustments shall comply with all the requirements ofthe specific zoning district in
which the divisions are located. This includes compliance with the following standards, if applicable:
a)Minimum lot size.
b)Minimum lot width.
c)Minimum setbacks.
d)Minimum yard or frontage requirements.
(2) No lot line adjustment shall result in more dwelling units than are permitted by the zoning district for
which the lot or parcel is located.
(3) No lot line adjustment shall result in a split zoning classification on a single lot or parcel.
(4) No lot 1 inc adjustment shall result in the creation of a non -conforming structure or use.
(5) No lot line adjustment shall result in a lack of legal access as defined by city standards to any
lots or parcels created by the division.
(D) Application requirements. This section outlines the minimum information needed to enable the city
to make informed and expeditious decisions regarding applications for lot line adjustments.Unless
exempted by the director or his/her designee, the information contained in this section shall be provided by
each applicant. All mapped data shall be drawn to a scale of not greater than one inch equals one hundred
feet (1" = 100'). Unless otherwise directed, the map data shall be drawn on a sheet size of eighteen inches
by twenty-four inches (18" x 24").
(E)Lot line adjustment application process.
(1)Completed city lot line adjustment application form shall be submitted to the director.
(2)Lot line adjustment survey submittal: two (2) copies completed by a registered land surveyor in
the State of Arizona.
(3)Payment of an application fee as set by the council under the Apache Junction City Code, Vol.
I, Chapter 4, Fees, Article 4-4. Recording fees are separately applied by the county recorder's office.
(4)If necessary to accurately review the application,the director may require additional
information to be shown on the lot line adjustment map, including buildings, structures, streets,
driveways, and other information. If rejected, written notice shall be provided to the applicant via first class
mail. The written notice shall specify the reasons for denial.
(F) Decision. The director shall render a decision to approve or reject the application of
the proposed lot line adjustment within thirty (30) days after submittal. If approved, then one finalized
mylar lot line adjustment map shall be submitted to the director for final signature and recordation, and a
25
copy of the recorded lot line adjustment map shall be sent to the applicant. If the proposed lot line
adjustment is denied, a notice of the decision shall be sent to the applicant advising him or her that he or
she may appeal the decision of the director to the Board of Adjustment. If approved, the applicant shall
submit the following:
(1)A final, recordable, reproducible, mylar map eighteen inches by twenty-four inches 18" x 24"
consistent with the approved lot line adjustment map.
(2)The format for recording shall meet all requirements of the county recorder's office.
(3)Once approved by the city, the city shall record the lot line adjustment map with the county
recorder's office within thirty (30) days of approval. The original mylar of the recorded lot line adjustment
map shall become the property of the city.
(4)Within one (1) year of lot line adjustment map approval, the owner/applicant shall record
deeds for the new lots and shall utilize the approved legal descriptions for the newly created lots, as
transcribed on the approved lot line adjustment map.
(5)Owner/applicant shall provide the planning division with copies of the recorded deeds within
one (1) year. Failure to record the new deeds within one (1) year of approval shall render the approved
lot line adjustment null and void.
(G) Appeal. An appeal of the director's decision to the Board of Adjustment shall be
filed, in writing, with the development services department within thirty (30) days from the date of the
Board's decision. The Board of Adjustment shall consider the appeal as set forth in A.R.S. §9-462.06.
§ 2-5-5 LOT COMBINATION.
(A) Purpose and applicability. The lot combination process allows an owner of two or more contiguous
lots, which are not in a platted subdivision and/or in a planned development zoning district, to combine
the lots into one lot without a subdivision plat amendment. For purposes of this article, a lot combination
shall conform to the following provisions:
(1)The proposed lot combination shall not violate any provision of the city land development
code, or other provisions of applicable ordinances and regulations.
(2)The proposed lot combination shall not substantially reduce the amount of privacy currently
enjoyed by nearby property owners.
(3)The proposed lot combination shall not substantially and adversely affect traffic or traffic
circulation, drainage, sewage treatment systems, or other such systems.
(4)The lot combination does not create a situation where the proposed use of the property will
create a hazard or nuisance.
(5)The lots being combined shall be contiguous, and if in a platted subdivision, shall not
include lots located in another separate subdivision.
(6)The lots shall have the same owner.
(7)The lots being combined shall have the same zoning designation.
(8)The applicant shall obtain a new assessor parcel number through the county assessor's
office.
(B)The council hereby grants the development services director or his or her designee, hereinafter
referred to as "director," the power and authority to administratively review and approve or disapprove a
lot combination of parcels within the city, as per the regulations contained herein.
(C)General standards.
(1)All lot combinations shall comply with all the requirements of the specific zoning district in
26
which the divisions are located.
(2) No lot combination shall result in more dwelling units than are permitted by the zoning district for
which the lot or parcel is located.
(3) No lot combination shall result in a split zoning classification on a single lot or parcel.
(4) No lot combination shall result in the creation of a non -conforming structure or use.
(5) No lot combination shall result in a lack of legal access as defined by city standards to any lots
or parcels created by the combination.
(D) Application requirements. This section outlines the minimum information needed to enable the city
to make informed and expeditious decisions regarding applications for lot combinations.Unless
exempted by the director, or his/her designee, the information contained in this section shall be provided
by each applicant. All mapped data shall be drawn to a scale of not greater than one inch equals one
hundred feet (1"=100').Unless otherwise directed, the map data shall be drawn on a sheet size of
eighteen inches by twenty-four inches (18" x 24").
(E)Lot combination application process.
(1) Completed city lot combination application form shall be submitted to the director.
(2)Lot combination survey submittal: two(2)copies completed by a registered land surveyor in the
State of Arizona.
(3)Payment of an application fee as set by the council under the Apache Junction City Code, Vol.
I, Chapter 4,Fees, Article 4-4.Recording fees are separately applied by the county recorder's office.
(4) If necessary to accurately review the application,the director may require additional
information to be shown on the lot combination map, including buildings, structures, streets,
driveways, and other information. If rejected, written notice shall be provided to the applicant via first class
mail. The written notice shall specify the reasons for denial.
(F) Decision. The director shall render a decision to approve or reject the application
of the proposed lot combination within thirty (30) days after submittal. If approved, then one finalized
mylar lot combination map shall be submitted to the director for final signature and recordation, and a
copy of the recorded lot combination map shall be sent to the applicant. If the proposed lot combination
is denied, a notice of the decision shall be sent to the applicant advising him or her that he or she may
appeal the decision of the director to the Board of Adjustment. If approved, the applicant shall submit the
following:
(1)A final, recordable, reproducible, mylar map eighteen inches by twenty-four inches 18" x
24"consistent with the approved lot combination map.
(2)The format for recording shall meet all requirements of the county recorder's office.
(3)Once approved by the city, the city shall record the lot combination map with the county
recorder's office within thirty (30) days of approval. The original mylar of the recorded lot combination
map shall become the property of the city.
(4)Within one (1) year of lot combination map approval, the owner/applicant shall record a deed
for the new combined lot and shall utilize the approved legal description for the newly created lot
combination, as transcribed on the approved lot combination map.
(5)Owner/applicant shall provide the planning division with copy of the recorded deed within
one (1) year. Failure to record the new deed within one (1) year of approval shall render the approved lot
combination null and void.
(G) Appeal. An appeal of the director's decision to the Board of Adjustment shall be
filed, in writing, with the development services department within thirty (30) days from the date of the
27
Board's decision. The Board of Adjustment shall consider the appeal as set forth in A.R.S.§9-462.06.
ARTICLE 2-6: CONDOMINIUM PLATS AND CONDOMINIUM CONVERSIONS
Section
2-6-1 Purpose
2-6-2 Applicability
2-6-3 General standards
2-6-4 Application process
2-6-5 Final plat approval
§ 2-6-1 PURPOSE.
The purpose of this section to establish requirements and procedures for new condominium
developments and condominium conversions for existing development so as to provide for the public
health, safety and general welfare through adherence to development standards as provided in this chapter
and other applicable city codes and ordinances, including adequate provision of utilities, water supply,
sanitary sewerage and similar common facilities.
§ 2-6-2 APPLICABILITY.
Condominium and condominium conversion is subject to the regulations as described by Arizona Revised
Statutes,Title 33,Chapter 9,Condominiums,and Title 9,Chapter 6.2,Municipal Subdivision
Regulations. The creation of a condominium form of ownership for properties shall be through the
subdivision platting process.There must be a minimum of four (4)units in order to qualify for a
condominium through subdivision platting. (ARS §§33- 1201.et seq.,and 9-463.et seq.)
§ 2-6-3 GENERAL STANDARDS.
(A)General. The council shall not refuse approval of a final plat of a project described as a condominium
under provisions of this chapter because of location of buildings on the property shown on the plat and
not in violation of this chapter or on account of the manner in which airspace is to be divided in
conveying the condominium. Fees and lot design requirements shall be computed and imposed with
respect to such plats on the basis of parcels or lots on the surface of the land shown thereon as included in
the project. Plats of such projects may be based on building footprints but, as per state statute, they do not
need to show the buildings or the manner in which the buildings or airspace above the property are to be
divided. This subsection does not limit the power of the council to regulate the location of buildings
in such a project by or pursuant to a zoning ordinance.
(B)New condominium development. New condominium development shall be subject to the standard
procedures and requirements for development, as established by the city, including compliance with
zoning ordinances, building codes, design review and other applicable codes and ordinances.
(C)Condominium conversion. Condominium conversion of existing development shall be subject to
final plat approval by the commission and council.
(1)Disclosure report requirements: The subdivider shall submit an affidavit stating that the
units to be converted meet the applicable standards of the building code, and city code. Any subdivider
who files a final plat for a condominium, cooperative, community apartment, townhouse development,
or manufactured home subdivision, whether for the purpose of new development or the subdivision of
an existing development, shall submit a copy of a report on the physical condition of all buildings,
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structures, and other improvements to the property to be subdivided prior to approval of a final plat by
the mayor and council. This report shall be made available by the subdivider to all prospective
purchasers of the initial condominium units prior to execution of a binding contract of purchase. The
disclosure report shall be recorded with the appropriate county recorder at the same time as the final
plat. The report shall contain the following:
a) A report describing the physical condition of elements of the structure, equipment, or
appliances in a unit, the repair or replacement of which will be the responsibility of the purchaser. The
report shall state the approximate date on which the element, equipment, or appliance was originally
constructed or installed; the approximate date on which it was subsequently replaced or will likely require
replacement; and the current estimated cost of replacement.
b) This report shall not be construed to create any warranties, express or implied.
c) A report containing information to be obtained from the fire district describing the
extent to which the buildings and structures to be converted by the plat submitted by the subdivider deviate
from applicable requirements of the fire code, and the city code in the following specified areas of fire
safety:
1)Accessibility of buildings and structures to fire -fighting equipment;and
2)Proximity and frequency of fire hydrants; and
3)Description of the building construction rating for "party walls" and fire
barriers between units.
d)A statement of the estimated fees or assessments, if any, that the purchaser of a unit
will pay, on a monthly and yearly basis, for at least a two (2) year period following purchase.
e)A report from a licensed pest control operator on each building or structure and each
unit within the building or structure. A statement of the unit's average monthly utility costs, including
water,sewer, trash collection, electricity and natural gas, based on the preceding twelve (12) month
period, where the subdivider has access to such utility cost data.
(2)Certificate of Occupancy: Prior to final plat Approval, evidence of building permits and/or
certificate of occupancy for the original construction must be submitted or the applicant must provide
plans of the site with the water distribution system and wastewater drainage system shown on as -built
plans "signed and sealed" by an Arizona registered professional engineer.Copies of the required
Arizona Department of Environmental Quality ("ADEQ") application for such may be submitted to
fulfill this requirement. The professional registrant shall also submit a "signed and sealed" statement
that indicates that the existing systems are properly installed and located as per building safety
requirements. The statement shall indicate the year the structure was built, the building codes in effect
at the time of construction completion, ifknown, and the results of independent testing of the "party walls"
or fire barriers between units. Independent testing of at least 10%of the units in the overall project,
including at least one unit in each separate building shall be required. This may require some site
investigation by contractors to verify sizes and locations of systems and the physical condition of building
components. The results shall be provided for the building official to review at the time the applicant
applies for final plat approval.
§ 2-6-4 APPLICATION PROCESS.
General requirements.
(A)Sanitary sewage, water supply and refuse disposal. It is the responsibility of the subdivider to provide
the Arizona Department of Environmental Quality ("ADEQ") with plans and applications for the design
and operation of sanitary sewer facilities, water supply and refuse disposal, as required.
29
(B)New condominium development.For condominium projects being developed through new
construction,the procedures for processing the application shall be the same as with other new
development with the exception that the subdivision may be submitted directly for final plat review to the
commission and council after preliminary approval by staff that the plat complies with all technical
requirements. The following steps are required for the review of new condominium development:
(1)development review committee.
(2)submittal of final plat for technical review by staff.
(3)submittal of final plat to commission for review.
(4)submittal of final plat to mayor and council for review and approval.
(C)Condominium conversion. Conversion of existing buildings to condominiums may proceed
through an expedited process; however, such proposals still require review by various city departments
and applicable agencies to ensure compliance with local and state requirements. Buildings constructed
prior to issuance of building permits or certificates of occupancy may be required to provide evidence
of adequacy of water distribution and wastewater drainage systems, as well as disclosure of building
conditions as they relate to building and fire codes through the preparation of a building condition report
by an Arizona registered professional that includes mechanical, electrical, and structural engineering
analyses. The following steps are required for the review of condominium conversion projects:
(1)development review committee.
(2)submittal of final plat for technical review by staff.
(3)submittal of final plat to commission for review.
(4)submittal of final plat to mayor and council for review and approval.
§ 2-6-5 FINAL PLAT APPROVAL.
(A)The commission and mayor and council shall review the final plat submittal for the condominium
and make their determination for approval,approval with conditions or denial based on the
requirements and procedures indicated in the subdivision regulations, and subject to the following:
(1) That the proposed condominium subdivision conforms to the adopted goals, objectives and
policies of the city.
(2) That the proposed condominium subdivision will not be detrimental to the public health,
safety, and general welfare.
(3) That the proposed condominium subdivision is consistent with the provisions and intents of
the zoning code, as applicable to the property.
(4) That the proposed condominium subdivision conforms to the design standards set forth in this
chapter and other applicable city, county, state and federal regulations.
(B)After the applicant has received the required approvals, the final plat for the condominium
development may be submitted to the development services director for recording.
(1)Time Limit. The applicant/subdivider shall have six (6) months from the date of approval by
the council to submit all required materials and to demonstrate all conditions have been met.
(2)Copies. Three (3) reproducible sets of the final plat shall be submitted to the development
services director.
(3)Fees.All development fees for subdivision and recording shall be received prior to the
recording of the final plat. Recording fees shall be made payable to the appropriate county recorder.
(4)Conditions, Covenants and Restrictions ("CC&Rs"). The subdivider shall submit two (2)
copies of the deed restrictions that describe the responsibilities of the unit owners for maintaining common
areas and facilities and all other pertinent information and requirements as applicable.
30
(5)The director or his or her designee may require an applicant to adhere to all preliminary plat
requirements during the final plat process, such as, but not limited to, establishing an HOA and including
CC&Rs in its deeds setting forth the perpetual obligation to financially contribute for the maintenance
of all community areas such as private roads, pools, and playground and recreational areas.
(C)Assurances. Any assurances required for improvements in accordance with these regulations shall be
received and approved prior to recording of the final plat.
(D)Certificate of occupancy.After recording of the final plat the applicant may then apply for
certificate(s) of occupancy for the newly created condominiums from the development services department
and sell the units as condominiums in accordance with the requirements of the State of Arizona
Department of Real Estate.
ARTICLE 2-7: DEFINITIONS.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section. If not defined herein or within other sections of this chapter, words and
phrases used in this chapter shall have the meanings provided in any standard dictionary as determined
by the development services director or his or her designee.
ABUT.To touch or adjoin along a common border or property line.
ABUTTING.Same as ADJOINING.
ACCESS.The way or means by which pedestrians and vehicles enter or leave property.
ADJACENT.Next to or having a common boundary.
ADJOINING.Touching or bounding at a point or line.
AGENT.A person authorized, in writing, by an owner, 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 the 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, and complying with the procedural
requirements as stated in this chapter.
APPLICANT.That person or agency initiating action for changes or amendments, paying fees, and
complying with the procedural requirements as stated in this chapter.
APPROVED LENDING INSTITUTION.Any of the following listed institutions, and any other
lending institution approved by the city engineer:
(a) bank;
(b) credit union; or
(c) mortgage lending company currently approved by the Federal Housing
Administration to act as a mortgagee, and qualified to transact business in the
State of Arizona, and having a business office within the Phoenix metropolitan
area.
BLOCK.A piece of land, or parcel of land, or group of lots, entirely surrounded by public streets, private
streets, water courses, parks, greenways, or a combination thereof.
31
CC&R.Conditions, covenants and restrictions. See also PROTECTIVE COVENANT.
CEMETERY.Any one or combination of more than one of the following, in a place
dedicated and used or intended to be used for cemetery purposes:
(a)A burial park, for earth interment;
(b)A mausoleum, for crypt or vault entombments; or
(c)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
satisfaction of certain specified stipulations or conditions.
CONDOMINIUM.Any real estate, portions of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners ofthe separate portions. Real
estate is not a condominium unless the undivided interests in the common elements are vested in the unit
owners.
CONSERVATION LANDS.Retention or acquisition of land for the purposes of preservation and public
use.
CONSERVATION EASEMENT.A power invested in a qualified private land conservation organization
or government to constrain, as to a specified land area, the exercise of rights otherwise held by a
landowner, so as to achieve certain conservation purposes.
CONTROLLED ACCESS HIGHWAY.A divided expressway, including an interstate highway, which
provides at least 2 moving lanes in each direction and for which curb cuts are prohibited and access is
fully controlled. These generally serve high-speed interregional 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 this inclusion is necessary to provide safe and convenient access to the lot cut.
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.The person, individual, firm, corporation, partnership, association, syndication, trust or
other legal entity or his, her or 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
chapter.
DRAINAGEWAY.An alignment for the purpose of routing stormwater.
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.
FILL The placing, storing or dumping of any material, such as (by way of illustration, but not of
32
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.
FINAL APPROVAL.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.
FLAG LOT.A long, slender strip of land resembling a flag pole that extends from the typically
rectangular main section of the lot or the "flag" to the street.
FREEBOARD.A factor of safety usually expressed in feet above a design flood level for flood
protection.
GENERAL PLAN.An official public document adopted by the council in accordance with A.R.S. § 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 environmental
considerations.
GRADE.The degree of inclination or declination.
GRADING.Any excavating or filling or combination thereof, including:
(a)The conditions resulting from any excavation or fill;
(b)Any alteration of the natural drainage pattern; or
(c)The removal or rearrangement of surface soil.
GROSS LOT AREA.The area of a lot or parcel, including all non -dedicated road rights -of -way and
easements.
HOMEOWNERS' ASSOCIATION.An association of real property owners having responsibilities with
respect to common property of a project or specific area or subdivision, including but not limited to
condominium associations.
IMPROVEMENTS.Such street work and utilities required to be installed or agreed to be installed by
the subdivider on land to be used for public or private streets, highways, alleys, pedestrian ways and
easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood
and for through traffic and drainage needs, and required as a condition precedent to the approval and
acceptance of the final plat map,and 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, and other facilities as are required by the council, as well as utility installations (water,
electric, gas, telephone).
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.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.
LAND SPLITS.The division of improved or unimproved land the area of which is 2.5 acres or less into
2 or 3 tracts or parcels of land for the purposes of sale or lease.
LOT.A parcel of real property with a separate and distinct number or other designation shown on a plan
or parcel map recorded in the office of the Pinal or Maricopa County Recorder's Office, or a parcel of
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real property delineated on an approved record of survey, parcel map or subdivision map as filed in the
office of the Pinal or Maricopa County Recorder and abutting at least one public street or right-of-way,
or easement determined to be adequate for the purpose of access. The word LOT is synonymous with
the word PLOT or PARCEL
LOT AREA.The total area of a lot measured in a horizontal plane, included within the lot lines of a lot
or parcel of land. Also see GROSS LOT AREA and NET LOT AREA.
LOT AREA, MINIMUM.See Vol. II, § 1-1-4(C)(3)(j), Zoning Ordinance.
LOT,CORNER.A lot abutting on two or more intersecting streets where the interior angle of
intersection does not exceed 135 degrees.
LOT DEPTH.The average horizontal distance between the front and rear lot lines measured in the mean
direction of the side lot lines.
LOT, DOUBLE FRONTAGE (see also LOT, THROUGH).An interior lot abutting two parallel or
approximately parallel streets.
LOT, FRONTAGE.A lot boundary line at any point where it abuts a street, right-of-way or easement.
LOT, INTERIOR.Any lot that is not a corner lot.
LOT, KEY.An interior lot, one side of which is contiguous to the rear line of a corner lot.
LOT LINE.The legal boundary of a lot or parcel.
LOT LINE ADJUSTMENT.A procedure that may be used under certain specified circumstances as a
method for making minor revisions to property lines between two or more existing lots within the same
subdivision.
LOT LINE, FRONT.On an interior lot, the front lot line is the property line abutting the street where
access is provided. On a corner lot, the front lot line is the shorter property line abutting a street, except
in those cases where the subdivision or parcel map specified another line as the front lot line. On a
through lot or a lot with three or more sides abutting a street or a corner lot with lot lines of equal length.
LOT LINE, INTERIOR.A lot line not abutting a street.
LOT LINE, REAR.A lot line not abutting a street which is opposite and most distant from the front lot
line. In the case of an irregular -shaped lot, a line within the lot, parallel to and at a maximum distance
from the front lot line, having a length of not less than 10 feet; also a lot which is bounded on all sides
by streets may have no rear lot lines.
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 recorded in the office of the county clerk
in the county in which the lot is located, or a lot or parcel described by metes and bounds, or by a
rectangular survey system.
LOT OF RECORD, PREEXISTING NONCONFORMING:A tract of land on the date of adoption of
this chapter that:
(a)has less than the prescribed minimum lot size, width or depth, or any
combination thereof, for the zoning district within which it is located;
(b)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 existed at that location; and
(c)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 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 or setbacks.
LOT WIDTH.The distance between side lot lines measured perpendicular to the lot depth at the front
setback line.
LOW IMPACT DEVELOPMENT.Systems and practices that use or mimic natural processes that result
in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated
aquatic habitat.
MARGINAL ACCESS STREET.A residential or non-residential street parallel and adjacent to a major
thoroughfare, which provides access to abutting properties with protection from through traffic.
NET LOT AREA.The area of lot or parcel, excluding dedicated and non -dedicated public road rights-
of -way.
OBSTRUCTION, ARTIFICIAL.Any hindrance which is not naturally existing.
OPEN SPACE LANDS.The area or areas of a lot, parcel, or tract intended to provide light and air, and
is designed and set aside for either scenic, aesthetic, conservation, or recreational purposes, excluding
buildings, parking, man-made retention areas, driveways and other vehicular surfaces.
OWNER.The person or legal entity who has the right to possess and use real property to the exclusion
of others.
PARENT PARCEL.A large parcel of land from which smaller parcels have been subdivided.
PEDESTRIAN WAY.A public walk dedicated entirely through a block from street to street or parallel
to a street and/or providing access to a school, park, recreation area or shopping center.
PERSON.Any individual, corporation, partnership, company, firm, association or any other form of
multiple organizations 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 attachments of all or part of a subdivision
essentially conforming to an approved preliminary plat and prepared in accordance with this Chapter and
any other applicable statutes.
PLAT, PRELIMINARY.A preliminary map, including supporting data and attachments, indicating a
proposed subdivision prepared in accordance with this chapter and any other applicable statutes.
PLAT, RECORDED.A final plat, including supporting data and attachments, and containing all of the
certificates of approval required by this chapter 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 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 development services project engineer.
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, usually in
the form of an express agreement between the lot purchasers and the lot sellers (usually subdivider).
PUBLIC IMPROVEMENT PERFORMANCE STANDARDS (ENGINEERING STANDARDS).A
set of regulations setting forth the details, specifications and instructions to be followed in the planning,
design and construction of certain public improvements in the city.
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RECLAMATION.A process of restoring land to its former or other productive use which achieves a
stable ecological state, and which does not contribute substantially to environmental deterioration or the
degradation of surrounding aesthetic values.
RETENTION BASIN/AREA.A pond, pool, basin, or area used for the permanent storage of water
runoff.
RIGHT-OF-WAY.The entire strip of land lying between the property lines of a street, thoroughfare, or
alley dedicated to the public and over which exists a legal right of passage by other persons.
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 or her 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 or her agent.
SEPTIC SYSTEM.A sewage system usually consisting of a septic tank, distribution box, and septic
field or dry -well with service connecting pipes.
SPITE STRIP.Strip of land which a grantor reserves in title for himself/herself when transferring a
larger interest in land with the intent of compromising the transaction or any development.
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 recorder's office.
It shall not include a controlled access highway, thoroughfare, alley, private street or private driveway,
but shall include "avenue," "boulevard," "circle," "court," "drive," "lane," "place," "road," "row," "walk"
and other similar designations.Also included is the land between the right-of-way lines, whether
improved or unimproved, and may comprise pavement, shoulders, curbs, gutters, sidewalks, viaducts,
bridges, utilities, lawns and parking areas. Street types shall include the following:
(a)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.
(b)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.
(c)CUL-DE-SAC.A local street having only one outlet for vehicular traffic with
a turn -around at the opposite end.
(d)FRONTAGE.A local street which is parallel to and adjacent to an arterial,
limited access highway or thoroughfare, and which provides access to abutting
land while relieving them of the effects of through traffic on the adjacent parallel
facility. (Also referred to as MARGINAL ACCESS STREET.)
(e)LOCAL Used primarily for providing direct access to abutting land and for
local traffic movement connecting to collector and/or arterial streets.
STREET,CENTERLINE OF.A line established as a centerline of a street by any state, county,
municipality or other official agency or governing body having jurisdiction thereof and shown as such
on an officially adopted or legally recorded map. Where street lines are indeterminate or where no official
centerline of a street exists, the CENTERLINE shall be established by the director of public works or
his or her designee.
STREET CLASSIFICATION PLAN.A plan which provides for the development of a system of major
streets and highways,including the location,width and alignment of existing and proposed
thoroughfares.
36
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 plan shall be the STREET LINE.
STREET WIDTH.The distance between street lines, measured at a right angle to the centerline of the
street.
SUBDIVIDER.A person, firm, corporation, partnership, association, syndication, trust or other legal
entity that files the application and initiates proceedings for the subdivision of land in accordance with
the provisions of this chapter and any other applicable ordinance or statute, except that an individual
serving as agent for such legal entity is not a SUBDIVIDER.
SUBDIVIDER AGREEMENT.A written document submitted to and approved by the city setting forth
certain agreements as to the development of the subdivision.
SUBDIVISION or SUBDIVIDED LANDS.
(a)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
or more lots, tracts or parcels of land or, if a new street is involved, any such
property as is divided into two 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 parts.SUBDIVISION also includes any
condominium, cooperative, community apartment, townhouse or similar
project containing four 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.
(b)SUBDIVISION does not include the following:
1. The sale or exchange of parcels of land to or between adjoining property owners
if the 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; or
3. The leasing of apartments, offices, stores or similar space within a building or
trailer park, nor mineral, oil or gas leases.
SURVEYOR.A registered land surveyor authorized to practice in the State of
Arizona under A.R.S. Title 32.
TRACT.A defined area of land regardless of size.
UNIMPROVED LOT OR PARCEL A lot or parcel of a subdivision which has no development.
UTILITIES.Installations or facilities, underground or overhead, furnishing for the use of the public
(e.g., communication, drainage, electricity, gas, water, sewer, stormwater 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 sense requires.
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.
WALKWAY, PUBLIC.Any parcel of land appropriated and dedicated by action of the council to the
37
free passage of the general public.
WATER SUPPLY.Such system and distribution facilities as are necessary to provide a reliable and
adequate amount for private use and public fire protection services.
ZONING.The public regulation of the character and intensity of the use of real estate.
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APPENDIX
PRELIMINARY AND FINAL PLAT CONDITIONS
The preliminary and final plat shall conform to the city's zoning ordinance
requirements, specific zoning stipulations, and subdivision regulations. The
following information shall be provided on the preliminary and final plat:
Legend
X =Required
- = Not Required
V = Requirement Satisfied
0 = Requirement not satisfied
Required Submittal Pre-City Final City
Plat Review Plat Review
Submittal Requirements
(1) The maximum allowable drawing size is 24" x 36".X X
(2) Scale no smaller than 1 inch = 100 feet. The scale shall X X
be noted on each sheet.
(3) The minimum height of all text and lettering shall be X X
0.125 inch (1/8 inch), provided in full density black ink
Cover sheet information
(4) The subdivision's name.X X
(5)The subdivisions location as defined by its section,
township, range, and county shall be shown on the final plat.X X
This information shall be included in the heading portion of
the cover sheet. If the subdivision is located in part or total
over a previously recorded plat, make appropriate record
reference in the heading statement.
(6) Vicinity map with city limit lines shown, if adjacent to X X
the proposed subdivision.
(7) Sheet Index is required when the preliminary/final plat X X
contains more than 2 sheets.
(8) Developer's name, address and phone number.X -
(9) The design professional's name, address and phone X -
number.
(10) All elevations shown on the preliminary plat shall be
39
referenced to an approved city benchmark per NA VD 88.
The benchmark number, description and elevation shall be X -
shown.
(11) Site data to include: gross area, net area, open space
percentage, number of lots, existing and proposed zoning,
density percentage, lot area table in square feet and acres,X X
curve and line data table, tract use and area table in square
feet and acres showing all tracts that will be dedicated to
the city.
(12) Property legal description for the exterior boundaries X -
of the subdivision.
(13) Add the following notes:
a) All tracts not dedicated to the City of Apache Junction
shall be improved in accordance with the approved plans
and deeded to the Homeowners'Association upon
recordation of the final plat. Tracts shall not be conveyed to
any private or public entity without prior City Council
approval.
b)The maintenance of landscaping and drainage areas
either within the public right-of-way and/or up to a
perimeter wall or fence or private yard shall be the
responsibility of the homeowners ' association or the
abutting lot, tract or parcel owner.X X
c)Construction within utility easements shall be limited to
utilities, fences and driveways.
d) No structures, earthwork or other construction shall be
carried out in drainage paths or retention basins as shown
on the approved improvement plans and, except as may be
approved by the Development Services Project Engineer.
Fencing shall be limited to wire -strand or break -away
sections that cannot impede water flow or collect debris
which would impede water flow.Vegetation shall not be
planted nor allowed to grow within drainage paths,
easements or retention basins which would impede the flow
of water.
e) Maintenance of the drainage areas within the tracts and
easements shall be the responsibility of the
Homeowners'Association.
Should the Association not adequately maintain them, the
governing entity having jurisdiction over the area in which
the tract or the easement is located, at its discretion, may
enter upon and maintain the drainage areas, and assess the
Homeowners ' Association, its successors and/or benefiting
properties the cost of maintenance.
40
f) The overhead utility lines on or adjacent to the site shall
be undergrounded as outlined in § 1-8-6(K), Relocation of
Overhead Wires and Equipment, Zoning Ordinance, Vol. II,
Apache Junction City Code.All existing and proposed
onsite overhead utility lines shall be placed underground.
g) The city or any governing entity having jurisdiction over
the final plat shall have the right to enforce all notes shown
and associated with the final plat on the Homeowners'
Association or all future owners, assigns and successors in
interest and/or benefiting properties.
h) Should the Homeowners' Association not pay property
taxes on any tract they own within the subdivision at any
time in the future and lose the property through tax
foreclosure or forfeiture or dissolve,the city or the
governing entity having jurisdiction over the area in which
the tract or the easement is located, shall assess, lien, and/or
collect from any successor in interest and/or benefiting
properties the cost of maintenance of all improvements,
drainage facilities, landscaping and amenities.
(14) The basis of bearings shall be shown with a reference
to appropriate horizontal control as outlined in §10-1-X X
4(B)(2)Horizontal and Vertical Control,Engineering
Standards, Vol. II, Apache Junction City Code.
(15) A key map shall show all tracts, parcels and lots by -X
number or letter.
(16)The name,address and registration number of the
registered land surveyor preparing the final plat shall be -
shown on the plat with the state of Arizona seal, signature,X
and date provided.
(17) Street right-of-way dedication to the city and a note
referencing drainage, utility, roadway easements stating:-X
"Easements are dedicated for the purposes shown" shall be
mentioned in the dedication statement.
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(18) Add the following certifications:
a) This is to certify that this final plat is a
correct representation of all the exterior
boundaries of land surveyed and the
subdivision of it; that I have prepared
the description of the land shown on the
final plat and I hereby cert6 to its
correctness, and that all lots are staked
or will be staked and all monuments are
set or will be set within one year after
recordation.
Seal and signature of the Arizona -X
registered land surveyor
b) This final plat has been checked for
conformance with the requirements of
the Land Development Code and any
other applicable ordinance and
regulations and that assurances have
been provided for improvements in the
amount of $.
Development Services Project Engineer Date
c) Approved by the Council of the
City of Apache Junction, Arizona this _day of
,20_.And the City Council
accepts the rights -of -way dedicated herein on behalf
of the Public.The subdivider has provided a
Certificate of Assured Water Supply as required by
Arizona Revised Statues (ARS) 5S* 45-576 or evidence
that the area has been designated by the Arizona
Department of Water Resources as having an
assured water supply.
BY:
Mayor
Attest:
City Clerk
42
(19) The following statement shall appear in the dedication
statement:
Tracts ,and , (include all
applicable tracts)are not to be construed to be
dedicated to the public or city,but are deeded to
Homeowners' Association for its use and enjoyment as
more fully set forth in the Declaration of Covenants,X
Conditions and Restrictions and said Association shall
be responsible for the maintenance thereof in
perpetuity, and shall not be redeveloped for any other
non -amenity or non -drainage purpose.
(20) The dedication statement shall be signed by the land
owner. If the owner is a partnership, corporation, or limited
liability company, the Article of Incorporation or a certified
copy of a resolution by the Board of Directors authorizing X
the individuals signing the final plat to act on its behalf is
required.
43
(21)All holders of deeds of trust shall sign a lienholder
ratification statement as a beneficiary, if lands being
subdivided are encumbered.The following
lienholder ratification statement shall be shown:
Lienholder Ratification
Know All Men By These Presents:
That The Undersigned as Beneficiary of That
Certain Deed Of Trust Recorded In Fee No.
,Records Of Pinal
County, Arizona, Hereby Ratifies, Affirms And
Approves This Final Plat,The Declaration Of
Restrictions Recorded Concurrently Herewith -X
And Each And Every Dedication Contained
Herein.
IN Witness Whereof The Undersigned Have
Signed Their Names This Day Of
,20 .
[Beneficiary Name as Shown in the Title
Report]
By:
Its
(22)The following notary public acknowledgment
statement is required for the dedication statement and
the lienholder ratification statement:
Acknowledgment
State of )
) SS
County of )
On this day of ,
20 , before me, the undersigned, personally -X
appeared , who
acknowledged himself/herself to be the person
whose name is subscribed to the instrument
44
within, and who executed the foregoing instrument
for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my
hand and official seal.
NOTARY PUBLIC ,
My Commission expires:
Plat layout sheet information
(23) North arrows shall be shown on each sheet.X X
(24) A "Legend" for all symbols utilized on the plat shall be X X
shown on each sheet.
(25) The existing topography shall be represented by a 2'X -
maximum contours or better data, if available.
(26) All existing buildings and significant structures shall
be shown. Any modifications shall be noted.X -
(27)All wells,washes,canals,irrigation laterals and
ditches, lakes and other water features. Any modifications X -
shall be noted, along with an indication of any building or
structure which shall remain.
(28) The subdivision boundary shall extend to the monument
lines of adjacent streets,if the rights -of -way are not X X
dedicated.
(29) Existing fire hydrants within 500 feet and streetlights
within 200 feet of the site shall be shown.X -
(30)Proposed water,sewer,streetlight improvements,
sidewalks, paths,entrance features/monument sign,and
public and private community facilities such as parks,X -
schools, fire stations,library, police station,community
buildings, etc. shall be shown.
(31)City corporate limit to be outlined when they are
adjacent to or near the subdivision.X X
45
(32) The names of all subdivisions adjacent to the subject
property shall be shown,along with the recording X X
information and zoning classification.
(33) The property owners' names of all adjacent parcels
(non -subdivision)to the proposed subdivision shall be X X
shown along with the parcel number and zoning
classification.
(34) Proposed phasing shall be shown.X X
(35)Typical detail of lot dimension and setbacks.X X
(36) Curvilinear back lot lines are discouraged. Every effort X X
shall be made to avoid them.
(37)All lots shall be numbered consecutively beginning
with Lot No.1,and tracts and parcels be lettered
consecutively beginning with Tract or Parcel "A".
Exception parcels shall be labeled with the boundary X X
traverse data and area to be noted.
(38) Private streets shall be designated as tracts with 24-
foot minimum width of pavement; two -foot (2') curb and
gutter, and four -foot (4') sidewalk on both sides of the street
and shade trees. Structural Pavement section for private
streets shall conform to public street standards, as outlined X X
in Appendix 10-D, Standard Details AJ-20.1 through AJ-
20.2, Engineering Standards, Vol. IL Apache Junction City
Code.
(39) Rights -of -way to be dedicated to the city shall be
shown.All rights -of -way which expand on existing X X
dedicated rights -of -way shall be defined and dimensioned.
Survey Requirements
(40)Two (2) separate survey ties to two (2) section corners
or quarter -section corners are required.The type of
monumentation shall be defined. Survey ties shall meet the
criteria shown in §10-1-4(B)(2) Horizontal and Vertical X X
Control, Engineering Standards,Vol. IL Apache Junction
City Code. Subdivision's boundary and survey shall be tied
into the City GDACS grid.
(41)Survey data is required for the entire subdivision
.
boundary traverse and streets centerlines. For tangents this
consists of bearings and distances. For curves this consists X X
of radii, delta angles and curve lengths.On non -tangent
curves, show radial bearings.
(42)Show names of existing and proposed public and
.
X X
private streets.
46
(43) Boundary closure calculations are required with error
of closure for the subdivision's exterior boundaries, tracts,-X
parcels, and lots.
Street design requirements
(44) Show plan's layouts for public and private streets, and X -
easements.
(45)The sizes,depth,and types of all existing utility
infrastructure within and adjacent to the subdivision shall
be shown.Dimensional ties to street centerlines are X _
required for all utility lines.
(46) 20' x 20' triangular corner cutoffs shall be dedicated
to the city at all streets lines and alleys intersections to
accommodate a sidewalk ramp and provide a space for
traffic signal equipment such as poles and/or cabinets, if X X
needed. It also creates an area for a site visibility triangle
by preventing land owners from building walls blocking
view of traffic.
(47)33'x 33' feet sight triangle measured at the
intersection of lot lines is to be provided where streets,
alleys, or driveways intersect. Also, the sight distances shall X X
be calculated to assure that no structure or planting higher
than 36 inches is allowed in the area.
(48) Show typical cross sections for proposed improvements
of exterior and interior streets.X -
(49)Proper turnarounds are required at all dead-end
streets and alleys. Cul-de-sac and turnaround geometrics
for public and private streets shall meet the city and the fire x Xdistrict requirements. Connections to abutting subdivisions
to create connectivity and walkability shall be provided.
(50) Public streets rights -of -way widths and cross -sections
shall comply with city standards unless exceptions are
required or approved by the City Engineer or the City X X
Council.
(51) Provide Traffic Impact Analysis as outlined in ADOT
publication 35-209, and a traffic circulation study.X X
(52) The street light district shall be established prior to
final plat recordation.-X
Easements and Rights -Of -Way Requirements
(53) Show existing and proposed rights -of -way and
easements widths.Proposed extinguishment and
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abandonment of rights -of -way and easements shall be
noted.X X
(54)1'vehicular non -access easement is required for
streets and lots abutting retention basins and lots abutting X
perimeter streets rights -of -way.
(55) Easements to be extinguished shall include the
following:
a)A letter from the utility companies agreeing to
the abandonment.
b)A legal description and Pinal County recording
information and limits of the abandonment.
c) The following statement located above the -X
Mayor's approval block is required on the
final plat:
"By acceptance of this final plat, the City of
Apache Junction agrees to the extinguishment of the
easements described and shown hereon".
(56) Existing right-of-way to be abandoned/extinguished
shall include the following:
a)The City Engineer shall approve the
abandonment/extinguishment.
b)The City Attorney shall approve as to form of X
the abandonment/extinguishment resolution.
c)A filing fee and appraisal fee shall be paid.
d)The abandonment shall be in accordance with
the requirements and procedures of the Public
Works Department.
Drainage Design and Requirements
(57) Flow drainage arrows shall be shown for all drainage X -
areas, storm drains, and streets.
48
(58) All portions of the development within the FEMA 100-
year flood zones shall be identified. FEMA Special Flood
Hazard Area (SFHA)on or adjacent to the subject
subdivision shall be drawn and labeled,including any
determined floodway boundaries.Provide flood zone
information per the following table:
X X
Community Panel Suffix Date Flood Base
Number Number of Zone Flood
FIRM Elevation
(59) Submit a preliminary drainage report in accordance
with Article 10-4 Stormwater Management,Engineering -
Standards,Vol. II, Apache Junction City Code. Adequate X
details are required to demonstrate the layout feasibility.
(60)The storm drainage system shall comply with the
standards presented in Article 10-4 Stormwater -
Management,Engineering Standards,Vol.II,Apache X
Junction City Code.All retention areas and drainage
channels along with their cross sections shall be shown on
the preliminary plat.
General Requirements
(61) Each sheet of the preliminary and final plat shall be
sealed and signed by the design registered professional in X X
the State of Arizona.
(62) Submit a current Title Report, no older than 6 months
at preliminary plat submittal. An updated report no older
than 30 days is required to be submitted prior to final plat X X
recordation. Include Schedules "A" and "B" together with
an ALTA survey.
(63) A detailed infrastructure analysis is required and shall X -
include traffic, water and wastewater.
(64) Name changes to the development will only be
allowed:X -
a) After verifying any name conflicts through the
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Arizona Department of Real Estate and providing
the city with a copy; and
b) Prior to the preliminary plat approval by the City
Council.
(65) Areas within the subdivision that may represent soil or
topographical hazardous conditions or requiring special
precautions shall be identified to insure that the proposed -
uses of these areas are compatible with such conditions,X
such as natural features,rock outcrop, fissure,riparian
corridors, etc.
(66)The final plat shall provide private cross access -X
easements for pedestrian, vehicular, drainage access.
(67) Phasing of the final plat and the improvement plans -
shall be allowed only for large tracts greater than 40 acres,X
and if approved by the Development Services Project
Engineer.
(68)Engineer's Cost Estimate shall be provided for the
construction of all public improvements to determine the -X
amount of construction assurance required.
(69)The construction assurance shall be submitted and
approved by the Public Works Department, prior to the -X
approval of the improvement plans and the recordation of
the final plat.
(70) Submit copies of the approvals to construct water and
sewer issued by Arizona Department of Environmental
Quality ("ADEQ'), as required per Item 13(g), § 10-2-17 -X
Civil Engineering Plan Review Checklist,Engineering
Standards, Vol. II, Apache Junction City Code.
(71) Submit a copy of the Assured Water Certificate for the
100 year water supply, issued by Arizona Department of
Water Resources ("ADWR') for sites located within the -X
Arizona Water Company,or a Designation of Assured
Water Supply letter for sites located within the Water
Utilities Community Facilities District ("WUCFD').
(72) All official seals and stamps affixed to the final plats
shall be in black ink or as required by the Pinal County -X
Recorder's Office.
(73) A 4 mil Mylar of the final plat shall be submitted to the
Development Services Project Engineer for final approval -Xand recordation, along with an electronic copy in DWG and
PDF formats.
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