Chapter 1
GENERAL SUBDIVISION PROVISIONSlinklink

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11-1-1: PURPOSE AND INTENT:
11-1-2: APPLICATION OF PROVISIONS:
11-1-3: DEFINITIONS:
11-1-4: ADMINISTRATION OF PROVISIONS:
11-1-5: FEES:
11-1-6: MODIFICATIONS TO PROVISIONS:
11-1-7: VIOLATIONS:

11-1-1: PURPOSE AND INTENT:linklink


A. Purpose: The purpose of this title is:

1. To provide for the orderly growth and harmonious development of the town; to ensure adequate traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions and public facilities;

2. To achieve individual property lots of reasonable utility and livability;

3. To secure adequate provisions for water supply, drainage, sanitary sewerage and other health requirements;

4. To ensure consideration for adequate sites for schools, recreation areas and other public facilities;

5. To promote the conveyance of land by accurate legal description; and

6. To provide procedures for the achievement of this purpose.


B. Intent: In its interpretation and application, the provisions of this title are intended to provide a common ground of understanding and equitable working relationship between public and private interests to the end that both independent and mutual objectives can be achieved in the subdivision of land. (1988 Code § 14-1-1)

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11-1-2: APPLICATION OF PROVISIONS:linklink


A. Where this title imposes a greater restriction upon land, land improvement or development and land use than is imposed by existing provisions of law, ordinance, contract or deed, this title shall control.


B. This title shall apply to all "subdivisions" as defined in section 11-1-3 of this chapter. (1988 Code § 14-1-3)

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11-1-3: DEFINITIONS:linklink

In this title, unless the context otherwise requires, the following words and terms shall have the meanings ascribed to them in this section:

ALLEY: A public passageway affording a secondary means of access to abutting property.

APPROVED LENDING INSTITUTION: Any title insurance company, title insurance agent, bank, savings and loan association or mortgage lending company currently approved by the federal housing administration to act as a mortgagee, qualified to transact business in the state of Arizona, and any other lending institution approved by the town attorney.

BLOCK: That property fronting on one side of a street and so bounded by other streets, canals, railroad rights of way, unsubdivided acreage or other barriers (except alleys) of sufficient magnitude as to interrupt the continuity of development on both sides thereof.

COMMISSION: The planning and zoning commission of the town1.

CONDITIONAL APPROVAL: An affirmative action by the commission or council indicating that approval will be forthcoming upon satisfaction of certain specified stipulations.

CONDOMINIUM: The improvement of land in accordance with town standards, in which an undivided interest in common, in all or a portion of land, is coupled with the right of exclusive occupancy of any unit of airspace thereon. A "condominium" may include an individual interest in common in a portion of the building or buildings; a separate interest in a portion of a building; or with a separate interest in a portion of the land, together with an undivided interest in common in a portion of the land.

DEPARTMENT: The planning and zoning department of the town.

DEVELOPMENT: The utilization of land for public or private purposes.

DEVELOPMENT MASTER PLAN: A preliminary master plan for the development of a large or complicated area, the plotting of which is expected in progressive stages. A "development master plan" may be designed by the subdivider or by the department and shall be subject to commission or council approval.

EASEMENT: A grant by the owner of the use of land by the public, a corporation or person for specific uses and purposes and so designated.

ENGINEERING PLANS: Plans, profiles, cross sections and other required details 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 council.

EXCEPTION: Any parcel of land within the subdivision which is not owned by the subdivider or not included in the recorded plat. All such exceptions must be noted on the final plat as "not a part of this subdivision".

FINAL APPROVAL: Unconditional approval of the final plat of a subdivision. Such final approval must be certified on the plat by the mayor and attested by the town clerk.

GENERAL PLAN: A comprehensive plan, or parts thereof, providing for the future growth and improvement of the town and for the general location of streets, schools and recreation areas, public building sites and other physical development (sometimes referred to as the "master" or "comprehensive" plan).

IMPROVEMENT STANDARDS: A set of regulations setting forth the details, specifications and instructions to be followed in the planning, design and construction of certain required improvements to property.

IMPROVEMENTS: Required installations, pursuant to this title, including, but not limited to, grading, sewer and water utilities, streets, alleys, underground streetlight circuits and traffic control devices, as a condition to the approval and acceptance of the final plat, precedent to recordation of an approved final plat.

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.

LOT: A parcel of land within a single block which, by reason of ownership, recording or use, is separate and distinct from other such parcels and has its principal frontage on a dedicated street, street easement or private accessway.

Corner Lot: A lot abutting on two (2) or more intersecting streets where the angle of intersection does not exceed one hundred thirty five degrees (135°).

Interior Lot: A lot having only one side abutting on a street.

Key Lot: An interior lot, one side of which is contiguous to the rear line of a corner lot.

Through Lot: A lot abutting two (2) parallel or approximately parallel streets.

LOT AREA: The area in square feet lying within the lines of the lot.

LOT DEPTH: The distance between the midpoint of the front and rear lot lines.

LOT LINE:

Front: That line abutting the street. On corner lots, the front line shall be the shorter of the two (2) street lines as originally platted, subdivided or laid out. Where lines are equal, the front line shall be that line which is obviously the front by reason of prevailing custom of other buildings in the block. If such is not evident, then either may be considered the front of the lot but not both. The front lot line of a through lot shall be that line which is obviously the front by reason of usage of adjacent lots. Such a lot exceeding one hundred eighty eight feet (188') in depth shall be considered, for purposes of this title, as two (2) lots, each with its own frontage.

Rear: That line opposite the front line. Where the side lines meet in a point, the rear line shall be considered parallel to the front line, or a tangent of the midpoint of a curved front line, and lying ten feet (10') within the lot.

Side: Those property lines connecting the front and rear lot lines.

LOT WIDTH: A. If side lines are parallel, the shortest distance between the side lines.

B. If side lot lines are not parallel, the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the zoning district in which the lot is located. The "axis of a lot" shall be a line joining the midpoint of the front and rear property lines.

NEIGHBORHOOD PLAN: A plan designed to guide the platting of remaining vacant parcels in a partially built up neighborhood so as to make reasonable use of all land, correlate street patterns and achieve the best possible land use relationships.

OPEN SPACE LANDS: Any space or area characterized by great natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain or enhance the preservation of natural or scenic resources, or the production of food or fiber.

OWNER: The person or persons holding title by deed to land, or holding title as vendor under land contract, or holding any other title of record.

PEDESTRIANWAY: A dedicated public walk extending entirely through a block from street to street or providing access to a school, park, recreation area or shopping center.

PLAT: A map which provides for changes in land use or ownership.

Final Plat: A map of all or part of a subdivision, including supporting data, essentially conforming to an approved preliminary plat, prepared by a registered civil engineer, a registered land surveyor, a landscape architect or architect, in accordance with this title and the statutes of the state of Arizona.

Preliminary Plat: A tentative map, including supporting data, indicating a proposed subdivision design, prepared by a registered civil engineer, a registered land surveyor, a landscape architect or architect, in accordance with this title and the statutes of the state of Arizona. A preliminary site plan for a condominium development shall be considered a "preliminary plat".

Recorded Plat: A final plat bearing all certificates of approval required by this title and the statutes of the state of Arizona and duly recorded in the La Paz County recorder's office.

Reversionary Plat: A. A map for the purpose of reverting previously subdivided acreage to unsubdivided acreage; or

B. A map for the purpose of vacating rights of way previously dedicated to the public and abandoned under procedures prescribed by the town; or

C. A map for the purpose of vacating or redescribing lot or parcel boundaries previously recorded.

PRELIMINARY APPROVAL: Affirmative action on a preliminary plat, noted upon prints of the plat, indicating that approval of a final plat will be forthcoming upon satisfaction of specified stipulations and which constitutes authorization to proceed with final engineering plans and final plat preparation.

PRIVATE ACCESSWAY: Any private street or private way of access to one or more lots or airspace which is owned and maintained by an individual or group of individuals and has been improved in accordance with town standards and plans approved by the town engineer.

RIGHT OF WAY: Any public or private accessway required for ingress or egress, including any area required for public use pursuant to any general or specific plan as provided for in this title; "right of way" may consist of fee title dedications or easements.

SECRETARY: The chairman of the planning and zoning commission or his designated representative.

STREET: Any existing or proposed street, avenue, boulevard, road, lane, parkway, place, viaduct, easement for public vehicular access or other way which is a state, county or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way in a plat duly filed and recorded in the county recorder's office. A "street" includes all land within the street right of way lines, whether improved or unimproved, including such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges, viaducts and landscaping.

Collector: A street providing direct service to residential areas from major streets and highways for traffic movement within neighborhoods of the town and for direct access to abutting property. It collects local traffic from the neighborhoods and delivers the same to the nearest major street or highway.

Cul-De-Sac: A short local street having one end permanently terminated in a vehicular turnaround, or an equally convenient form of turning and backing areas as may be recommended by the town engineer.

Freeway-Expressway: A street providing for the expeditious movement of large volumes of through traffic between areas or across, around or through the town or urban area; a divided arterial highway with full control of access and not intended to provide direct access to abutting land. In urban areas, both will normally be a portion of a system or network of freeways.

Frontage Road: A collector street located within a freeway or expressway right of way and parallel to the freeway or expressway traffic lanes.

Local Street: A street providing for direct access to residential, commercial, industrial or other abutting land and for local traffic movements and connecting to collector or major streets.

Major Street Or Highway: A street providing for traffic movement between the areas and across portions of the town, direct service to principal generators, and connections to the freeway-expressway system; and secondarily for direct access to abutting land. Such are subject to necessary regulation and control of parking, directional controls, turning movements, entrances, exits and curb use; often divided arterial roadways, and may have some control of access. The individual major streets combine to make a system of townwide traffic movement.

Marginal Access Road: A local street, located within the major street or highway right of way, parallel and adjacent to major traffic lanes, providing direct access to abutting property, intercepting local streets and controlling access to major streets.

Parkway: Any of the street types which are intensively landscaped to provide attractive or scenic appearance or located in a park or park like area. The use of the facility may be restricted to noncommercial traffic.

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.

SUBDIVIDER: A person, firm, corporation, partnership, association, syndicate, trust or other legal entity that files the application and initiates proceedings for a subdivision in accordance with the provisions of this title and statutes of the state of Arizona; except, that an individual serving as agent for such legal entity is not a "subdivider"; and said "subdivider" need not be the "owner" of the property as defined in this section. The town council may itself prepare or have prepared a plat for the subdivision of land under municipal ownership.

SUBDIVISION: Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land, or if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. "Subdivision" does not include the following:

A. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots.

B. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership.

C. The leasing of apartments, offices, stores or similar space within a building or a manufactured home park, nor to mineral, oil or gas leases.

SUBDIVISION DESIGN: Street alignment, grades and widths; alignment and widths of easements and rights of way for drainage, sanitary sewers and public utilities and the arrangement and orientation of lots; locations of buildings together with refuse collection and maintenance easements in condominium developments.

USABLE LOT AREA: That portion of a lot usable for or adaptable to the normal uses made of property, excluding any areas which may be covered by water, with grades exceeding twenty percent (20%) or are included in certain types of easements.

UTILITIES: Installations of facilities, underground or overhead, furnished for the use of public electricity, gas, steam, communications, water, television cable or sewage disposal, owned and operated by any person, firm, corporation, municipal department or board duly authorized by state or municipal regulations. "Utilities", as used herein, may also refer to such persons, firms, corporations, departments or boards as applicable herein. (1988 Code § 14-1-2; amd. 2004 Code)

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11-1-4: ADMINISTRATION OF PROVISIONS:linklink


A. Planning And Zoning Commission: The town planning and zoning commission is hereby authorized to receive, process and otherwise act upon preliminary and final subdivision plats and development plans in accordance with this title.


B. Town Council: The town council shall have final jurisdiction over all matters pertaining to the implementation of these regulations but shall neither receive nor review final plats or development master plans until such have received the recommendations of the commission.


C. Filing Applications: All applications for action under this title shall be filed initially with the department for processing in accordance with this title. (1988 Code § 14-1-3)

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11-1-5: FEES:linklink

Applications for preliminary and final plat approval shall be accompanied by a nonrefundable filing fee established by resolution of the town council. The fee shall be based on the number of lots proposed to be platted and the town's anticipated cost to review and process plats. Filing fees shall cover the cost of an amended or revised plat when processed as one case, but an additional fee shall be charged in cases where preliminary approval expires prior to application for final approval. (1988 Code § 14-1-3)
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11-1-6: MODIFICATIONS TO PROVISIONS:linklink


A. Authority To Modify:

1. Where, in the opinion of the council, there exist extraordinary conditions of topography, land ownership or adjacent developments, or other circumstances not provided for in this title, the council may modify these regulations in such manner and to such extent as it may deem appropriate to the public interest.

2. In the case of a plan and program for a complete community or a complete neighborhood, the council may modify these regulations in such manner as appears necessary and desirable to provide adequate space and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and may require stipulations to assure conformance with the achievement of the plan.


B. Conditions Of Modification: In modifying the standards or requirements of this title, as outlined in this section, the council may make such additional requirements as appear necessary, in its judgment, to secure substantially the objectives of the standards or requirements so modified. (1988 Code art. 14-5)

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11-1-7: VIOLATIONS:linklink

It is unlawful for any person to sell, offer to sell or divide any lot, piece or parcel of land which constitutes a "subdivision" or part thereof, as defined herein, without first having recorded a plat thereof in accordance with this title. (1988 Code § 14-1-4)
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Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See title 2, chapter 1 of this code.