Last Modified on 05/07/2009 09:06:01Chapter 32 SUBDIVISIONS*
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Editor's note: The chapter supersedes the provisions of the "Subdivision Ordinance of the City of Phoenix," Ord. No. G-477, adopted August 4, 1962, as amended.
As set out in the 1969 Code, art. II of this chapter consisted of divs. I– III. For purposes of conformity, as part of the 2001 Republication, divs. I– III of art. II were redesignated as divs. 1– 3. References in the text to such provisions have been changed to reflect the redesignation.
Cross references: Planning Department, § 2-25; Planning Commission, § 2-161 et seq.; Development Advisory Board, § 2-164 et seq.; building regulations, ch. 9; sewer residential development occupational fee, ch. 19A; sewer commercial and industrial development occupational fee, ch. 19B; water residential development occupational fee, ch. 19C; water commercial and industrial development occupational fee, ch. 19D; sewers, ch. 28; sewer extensions, § 28-21 et seq.; development impact fee, ch. 29; water resources acquisition fee, ch. 30; streets and sidewalks, ch. 31; abandonment of public rights-of-way, § 31-63 et seq.; private streets, § 31-120 et seq.; grading and drainage, ch. 32A; floodplains, ch. 32B; water, ch. 37; water main extensions and construction, § 37-30 et seq.; zoning, ch. 41; Development Services Department fee schedule, app. A.2.
State law references: Municipal subdivision regulations, A.R.S. § 9-463 et seq.
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Article I. General
Sec. 32-1. Short title.
Sec. 32-2. Purpose and intent.
Sec. 32-3. Definitions.
Sec. 32-4. Duties of Development Services Department; division of property.
Sec. 32-5. Exemptions from chapter 32, Subdivision.
Article II. Platting Procedures
Division 1. Pre-Application
Sec. 32-6. Actions by the subdivider.
Sec. 32-7. Actions by the Department.
Sec. 32-8. Development master plan.
Division 2. Preliminary Plat
Sec. 32-9. Zoning.
Sec. 32-10. Sanitary sewerage and water supply.
Sec. 32-11. Development review (DR).
Sec. 32-12. Preliminary plat submission.
Sec. 32-13. Preliminary plat review.
Sec. 32-14. Preliminary plat approval.
Sec. 32-15. Significance of preliminary approval.
Division 3. Final Plat
Sec. 32-16. Zoning.
Sec. 32-17. Easements.
Sec. 32-18. Final plat preparation.
Sec. 32-19. Final plat submission.
Sec. 32-20. Final plat review.
Sec. 32-21. Final plat approval.
Sec. 32-22. Administrative changes to recorded plat.
Article III. Subdivision Plat Requirements, Design Principles and Development Standards
Sec. 32-23. Information required for preliminary plat submittal.
Sec. 32-24. Information required for final plat submittal.
Sec. 32-25. Design principles and development standards in general.
Sec. 32-26. Street location and arrangement.
Sec. 32-27. Street design.
Sec. 32-28. Block design.
Sec. 32-29. Lot planning.
Sec. 32-30. Easement planning.
Sec. 32-31. Street naming.
Sec. 32-32. Hillside Development Area.
Sec. 32-33. Street and utility improvement requirements.
Sec. 32-34. Approval of engineering plans.
Sec. 32-35. Schedule of improvement requirements.
Article IV. Approvals and Appeals
Sec. 32-36. Approval by the City Council.
Sec. 32-37. Necessity for completion of improvements.
Sec. 32-38. Cash or surety.
Sec. 32-39. Appeals.
Sec. 32-40. Technical appeals.
Sec. 32-41. Design development appeals.
Sec. 32-42. Modifications.
Sec. 32-43. Prohibition against circumvention of ordinance.
ARTICLE I.
GENERALSec. 32-1. Short title.
This ordinance shall be known as the "Subdivision Ordinance of the City of Phoenix."
(Ord. No. G-3588, § 2)
Sec. 32-2. Purpose and intent.
The purpose of this ordinance is to provide for the orderly growth and harmonious development of the City of Phoenix; to insure adequate traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions, and public facilities; to achieve individual property lots of reasonable utility and livability; to secure adequate provisions for water supply, drainage, sanitary sewerage, and other health requirements; to insure consideration for adequate sites for schools, recreation areas, and other public facilities; to promote the conveyance of land by accurate legal description; and to provide logical procedures for the achievement of this purpose.
(Ord. No. G-3588, § 2)
Sec. 32-3. Definitions.
Abandonment by plat: The procedure whereby the owner of land may abandon temporary easements and landscape easements by including those easements on a subdivision plat. Such easements are abandoned, removing any City interest therein, upon approval of the plat by City Council and recording of the plat in the office of the County Recorder. "Roadway," as defined by section 31-63 of the City Code, can be abandoned by plat only if processing of the plat complies with the requirements of section 31-63 et seq. of the City Code.
Approved lending institution: Any (1) title insurance company, (2) title insurance agent, (3) bank, (4) savings and loan association, or (5) mortgage lending company currently approved by the Federal Housing Administration to act as a mortgagee, and qualified to transact business in the State of Arizona and having a business office within the Phoenix metropolitan area and any other lending institution approved by the Finance Director.
Area of special flood hazard: Means land within a floodplain which is subject to inundation by the base flood.
Base flood: As defined by the Federal Emergency Management Agency (FEMA) or other City floodplain management study means the flood having a one percent chance of being equaled or exceeded in any given years, i.e., the one-hundred-year flood.
Block: A piece or parcel of land or group of lots entirely surrounded by public streets, streams, railroads, or parks, or combination thereof.
Building setback line: A line between which and the street right-of-way line no building or structure, or portion thereof, shall be erected, constructed, or otherwise established, excluding awnings, open porches, carports, open balconies or other Zoning Code exemptions.
Building site: That portion of the lot or parcel upon which a building and appurtenances are to be placed or are already existing, including adequate areas for parking, sewage disposal, clearance, proper drainage, [and] the safest and most convenient means of access and which conform to the requirements of the provisions in this chapter of the Phoenix City Code.
Certificate of correction or change: Procedure for amending recorded plats that are administrative and do not change any real property description.
City General Plan: A comprehensive plan, or parts thereof, providing for the future growth and improvement of the City of Phoenix and for the general location and coordination of streets and highways, schools and recreation areas, public building sites, specific neighborhood elements, and other physical development, which shall have been duly adopted by the City Council (sometimes referred to as "General Plan").
City Manager's representative: Development Services Director or designee.
Conditional approval: An affirmative action by the Development Services Department indicating that approval will be forthcoming upon satisfaction of certain specified stipulations.
Conservation: Retention or acquisition of land for the purposes of preservation and public use.
Conservation easement: A right granted to a governmental body over privately owned land, to prohibit development of property, including roads and utilities, and to use the land for permanent public open space purposes.
Context plan: The principal document showing the relationship of the project site to adjacent setting; requirements are in the Development Services Design Review Manual.
Council: The City Council of the City of Phoenix.
Cut: The land surface which is shaped through the removal of soil, rock or other materials.
Department: The Development Services Department of the City of Phoenix for purposes of articles II, III and IV.
Development: Utilization of private land for private purposes.
Development Advisory Board: A Board appointed by the City Council which advises the Council and Development Services Director on the development process, and hears appeals of technical requirements.
Development master plan (DMP): A preliminary master plan for the development of a large or complicated land area, the platting of which is expected in progressive stages. A development master plan may be designed by the subdivider or by the Department and shall be subject to the Development Services Department approval.
Development Review Appeals Board (DRAB): City Council appointed board to hear appeals of presumptions as outlined in the development review process for subdivisions.
Easement: A grant by the owner of the use of a strip of land to the public, a corporation, or persons for specific uses and purposes and so designated.
Engineering plans: Plans, profiles, cross sections, and other required details for the construction of public improvements, prepared by an Arizona registered engineer of appropriate discipline 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 which is within the boundaries of the subdivision which is not owned by the subdivider.
Fill: The deposit of soil, rock or other materials placed by mankind.
Final approval: Unconditional approval of the final plat by the Council as evidenced by certification on the plat by the City Clerk of the City of Phoenix, [which] constitutes authorization to record a plat.
Finish grade: The final grade or elevation of the ground surface after grading is completed.
Floodplain: Means the one-hundred-year flood established by the Federal Emergency Management Agency (FEMA) or other City floodplain management approved area adjoining the channel of a watercourse, or areas where drainage is or may be restricted by natural or manmade structures which may have been or may be covered partially or wholly by floodwater from a base flood.
General Plan: See City General Plan.
Grading: Any excavating or filling or combination thereof, including (A) the conditions resulting from any excavation or fill, or (B) any alteration of the natural drainage pattern or (C) the removal or rearrangement of surface soil.
Hillside development area: All land, in all zoning districts, which has a natural terrain with a slope of ten percent or greater (vertical rise of ten feet in a horizontal distance of one hundred feet), computed in accordance with the method set forth in section 710 of the Zoning Ordinance, chapter 41 of the Phoenix City Code.
Irrigation facilities: Includes 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 split (lot split): The division of improved or unimproved land whose area is two and one half acres or less into two or three tracts or parcels of land for the purpose of sale or lease. Note: All City development requirements and zoning requirements shall apply.
Lot: A piece, tract, or parcel of land separated from other pieces or parcels by description, as in a subdivision or on a record survey map, or by metes and bounds, for purposes of sale, lease, or separate use and abutting or having legal access to a public street.
(1) Corner lot: A lot abutting on two or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five degrees. A corner lot shall be considered to be in that block in which the lot fronts.
(2) Interior lot: A lot having but one side abutting on a street.
(3) Key lot: An interior lot, one side of which is contiguous to the rear line of a corner lot.
(4) Through lot: A lot abutting two parallel or approximately parallel streets.
Lot width: The width of a lot shall be:
(a) If the side property lines are parallel, the shortest distance between these side lines.
(b) If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located or as designated on the subdivision setback exhibit. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
Map of dedication: Form of subdivision plat that dedicates right-of-way and/or easements and is processed as a minor subdivision.
Minor subdivisions: A subdivision plat with twenty or less lots processed in accordance with section 32-14(h) or this ordinance.
Natural terrain: The existing grade of the land at the time of application submittal unless the original grade has been altered by other than natural events and engineering proof of the original grade such as original topographic maps or aerial photos with topography shown and certified as to date by a recognized competent official or other evidence of similar validity acceptable to the head of the Project Engineering Division of the Development Services Department is submitted.
Owner: The person or persons holding title by deed to land or holding title as vendees under land contract, or holding any other title of record.
Pedestrian way: A public walk dedicated entirely through a block from street to street and/or providing access to a school, park, recreation area, or shopping center.
Plat: A map of a subdivision.
(1) Preliminary plat: A preliminary map, including supporting data, indicating a proposed subdivision development, prepared in accordance with division 2 [article II, division 2] of this ordinance.
(2) Final plat: A map of all or part of a subdivision providing substantial conformance to an approved preliminary plat, prepared by a registered Arizona land surveyor in accordance with division 3 [article II, division 3] of this ordinance.
(3) Recorded plat: A final plat bearing all of the certificates of approval required in division 3 [article II, division 3] of this ordinance and duly recorded in the Maricopa County Recorder's office.
Preliminary approval: Approval of the preliminary plat by the Development Services Department 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, which is owned and maintained by an individual or group of individuals and has been improved in accordance with City standards for private accessways and plans approved by the Development Services Department and inspected by the Development Services Department. A private accessway is intended to apply where its use is logically consistent with a desire for neighborhood identification and control of access, and where special design concepts may be involved, such as within planned area developments, mobile home developments, PRD, and hillside areas.
Public improvement 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 of Phoenix, formulated by the Water Services Director, Street Transportation Director, the County Health Department, and other City departments.
Slope: Is the vertical rise in feet measured over a horizontal distance of one hundred feet, expressed as a percentage, measured generally at right angles to contour lines but which shall not extend across significant changes in grade. A portion of the one-hundred-foot line shall extend across property lines if necessary to obtain the one-hundred-foot measurement at a property line so long as not more than fifty feet shall so extend.
Street: Any street, avenue, boulevard, road, lane, parkway, place, viaduct, easement for access, or other way which is an existing 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 the land between the right-of-way lines whether improved or unimproved and may comprise pavement, shoulders, curbs, gutters, sidewalks, parking areas, landscaping, and above- and below-ground utilities.
(1) Arterial route: A general term including freeways, expressways, and major arterial streets; and interstate, State, or County highways having regional continuity.
(2) Collector street: Provided for traffic movement within neighborhoods of the City and between major streets and local streets and for direct access to abutting property.
(3) Local street: Provides for direct access to residential, commercial industrial, or other abutting land and for local traffic movements and connects to collector and/or major streets.
(a) Marginal access street or frontage road: A minor street parallel and adjacent to an arterial route which provides access to abutting property and intercepts local streets and controls access to an arterial route.
(b) Cul-de-sac: A short local street having one end permanently terminated in a vehicular turnaround.
(4) Alley: A public service way used to provide secondary vehicular access to properties otherwise abutting upon a street.
Street classification system: A part of the City General Plan which provides for the development of a system of major streets and highways, including the location and alignment of existing and proposed thoroughfares.
Subdivider: A subdivider shall be deemed to be the individual, 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 ordinance; and said subdivider need not be the owner of the property as defined by this ordinance but must provide evidence of his authority to do so.
Subdivision: Improved or unimproved land or lands divided for the purpose of sale, whether immediate or future, into four or more lots, tracts or parcels of land, or if a new street is involved, any such property which 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 Committee: Senior staff of the Development Services Department who represent the three major disciplines, transportation, civil engineering including the Water Services Department and planning; written communication to this committee should be addressed to the Development Services Director or designee.
Usable lot area: That portion of a lot usable for or adaptable to the normal uses made of residential property, excluding any areas which may be covered by water, excessively steep, or included in certain types of easements.
Utilities: Installations for facilities, underground or overhead, furnishing for the use of the public electricity, gas, steam, communications, water, drainage, sewage disposal, or flood control, owned and operated by any person, firm, corporation, municipal department, or board, duly authorized by State or municipal regulations. "Utility" or "utilities" as used herein may also refer to such persons, firms, corporations, departments, or boards, as applicable herein.
(Ord. No. G-3588, § 2; Ord. No. G-3851, § 1; Ord. No. G-3995, § 1, passed 3-19-1997, eff. 4-18-1997; Ord. No. G-4176, § 4, passed 5-19-1999, eff. 6-18-1999)
Cross references: Definitions and rules of construction generally, § 1-2.
State law references: Definitions of subdivision, plat, etc., A.R.S. §§ 9-463, 9-463.02.
Sec. 32-4. Duties of Development Services Department; division of property.
It shall be the duty of the Development Services Department to examine all preliminary plats of the subdivisions for their compliance with the applicable ordinances of the City of Phoenix.
A fee as set forth in appendix A.2 of the City Code shall be paid to the Development Services Department prior to review of any proposed subdivision or partitioning or division into two or three parts of any lot or parcel of land which is not deemed to be a subdivision under section 32-3 of this ordinance.
(Ord. No. G-3588, § 2)
Sec. 32-5. Exemptions from chapter 32, Subdivision.
A. Land splits as defined in section 32-3. This exemption applies only to the administrative subdividing process. All development requirements in article III and other applicable Subdivision Ordinance and Zoning Ordinance provisions, the minimum right-of-way standards map and other development standards shall apply to land splits.
B. A partitioning or division into two or three parts of any residentially zoned (RE-43 through R-5, S-1 and PAD) lot or parcel of land whose area is two and one-half acres or less provided that such partitioning or division has first been reviewed and approved by the Development Services Department in order to assure compliance with the provisions of article III and applicable provisions of the Phoenix Construction Code.
C. The sale or exchange of parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, and the new lots meet all of the zoning requirements for that zone and all Building Code setback requirements from existing structures, provided that Development Services Department approval is obtained in order to assure compliance with the provisions of article III of this Code and the applicable provisions of the Phoenix Construction Code.
D. Any partitioning or division of land which is zoned commercial or industrial into two or three parts of any lot or parcel whose area is two and one-half acres or less and the new lots meet all of the zoning requirements for that zone and all Building Code setback requirements from existing structures, provided that Development Services Department approval is obtained in order to assure compliance with the provisions of article III of this Code and the applicable provisions of the Phoenix Construction Code.
E. Leasing of apartments, offices, stores or similar space within an apartment building, commercial building, industrial building or mobile home park.
F. The partitioning of land in accordance with other State statutes regulating the partitioning of land held in common ownership (A.R.S. § 9-463.02).
(Ord. No. G-3588, § 2)
ARTICLE II.
PLATTING PROCEDURES*------------
Note: See the editor's note to the title of this chapter.
State law references: Platting procedures required, A.R.S. § 9-463.01(B)(1).
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DIVISION 1.
PRE-APPLICATIONThe pre-application conference stage of subdivision planning comprises an investigatory period which precedes actual preparation of preliminary plans by the subdivider. During this stage, the subdivider makes known his intentions to the Development Services Department and is advised of specific public objectives related to the subject tract and other details regarding platting procedures and requirements.
During this stage, it also may be determined that a change in zoning would be required for the subject tract or a part thereof, and in such case the subdivider shall initiate the necessary rezoning application.
In carrying out the purposes of the pre-application stage, the subdivider and the Department shall be responsible for the following actions.
Sec. 32-6. Actions by the subdivider.
The subdivider shall meet informally with the Department to present a general outline of his proposal, including but not limited to:
(a) Context plans and ideas regarding land use, street and lot arrangement, tentative lot sizes in accordance with the context plan checklist found in the Development Services Development Review Manual; and
(b) Make tentative proposals regarding water supply, sewage disposal, surface drainage, and street improvements.
(Ord. No. G-3588, § 2; Ord. No. G-3995, § 1, passed 3-19-1997, eff. 4-18-1997)
Sec. 32-7. Actions by the Department.
The Department will discuss the proposal with the subdivider and advise him of procedural steps, design and improvement standards, and general plat requirements. Then, depending upon the scope of the proposed development, the Department will proceed with the following investigations:
(a) Check existing zoning of the tract and make recommendations if a zoning change is necessary;
(b) Determine the adequacy of existing or proposed schools, parks, and other public spaces;
(c) Inspect the site or otherwise determine its relationship to major streets, utility systems, and adjacent land uses and to determine any unusual problems such as topography, utilities, flooding, etc.;
(d) Advise the applicant on the need to address development review items found in section 2, "Subdivision Design," of the City-Wide Development Review Guidelines;
(e) Determine the need for preparation and review of a development master plan prior to subsequent consideration of a preliminary plat;
(f) Department will advise subdivider if development master plan (DMP) is required and to what extent it will be prepared by the developer and by the Department; and
(g) The pre-application conference incorporates a research and discovery period for project requirements. Information is shared by both parties based upon conceptual designs and comments given or received in no way constitutes approval by the City for any construction drawings, land transactions or other private development issues.
(Ord. No. G-3588, § 2)
Sec. 32-8. Development master plan.
A development master plan (DMP) may be prepared by the developer with the cooperation of the Department whenever, in the opinion of the Department, the tract is sufficiently large to comprise an entire neighborhood; the tract initially proposed for platting is only a portion of a larger landholding of the subdivider; or the tract is a part of a larger land area, the development of which is complicated by unusual topographic, utility, land use, land ownership, or other conditions. The entire land area need not in this case be under the subdivider's control.
(a) Preparation. The development master plan shall be prepared to a scale and accuracy commensurate with its purpose and shall include:
(1) General street pattern with particular attention to collector streets and future circulation throughout the neighborhood;
(2) General location and size of existing and proposed school sites, parks, or other public areas;
(3) Location of shopping centers, multifamily residential, or other proposed land uses; and
(4) Methods proposed for sewage disposal, water supply, and storm drainage.
(b) Approval. Upon acceptance of general design approach by the Department, the DMP should be followed by the preparation of preliminary plat(s). If development is to take place in several parts, the DMP should be submitted as supporting data for each part. The DMP shall be kept up to date by the subdivider and the Department as modifications take place.
(Ord. No. G-3588, § 2)
DIVISION 2.
PRELIMINARY PLAT*------------
State law references: Preliminary plats, A.R.S. § 9-463.01(C)(1)– (C)(3).
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Sec. 32-9. Zoning.
The subdivision shall be designed to meet the specific requirements for the zoning district within which it is located. However, in the event that a variance of zoning is necessary, said action shall be initiated by the property owner or his authorized agent. The Department may proceed with processing of the preliminary plat if the developer desires such at his own risk. In any event, any such zoning change required in relation to the preliminary plat shall have been approved and the appeal period expired prior to a preliminary plat approval.
Development in hillside areas shall not exceed the maximum number of lots or dwelling units permitted by section 710 of the Zoning Ordinance.
The developer should also insure that the applicable Building Code setback requirements are met.
(Ord. No. G-3588, § 2)
Sec. 32-10. Sanitary sewerage and water supply.
As a prerequisite of preliminary plat review by the Department, the subdivider shall determine the general requirements for sewage disposal and water supply as applied to his location.
(Ord. No. G-3588, § 2)
Sec. 32-11. Development review (DR).
The preliminary plat will reflect the items contained in section 2, "Subdivision Design," of the City-Wide Development Review Guidelines on file in the office of the Development Services Department.
(Ord. No. G-3588, § 2)
Sec. 32-12. Preliminary plat submission.
(a) The preliminary plat and required supporting data, prepared in accordance with requirements set forth in sections 32-23 and 32-25 through 30 of this chapter, shall be filed with the Department. The number of copies will be determined by the Department during the pre-application stage of the review process.
(b) The submittal shall be checked by the Department for completeness and assigned a case number; if incomplete as to those requirements set forth in section 32-23, the submittal shall be rejected and the subdivider notified.
(c) Filing fees shall be paid as set forth in appendix A.2 of the City Code.
(d) The filing fee for a revised preliminary plat shall be as set forth in appendix A.2 of the City Code.
(e) Fee for time extension on preliminary report shall be as set forth in appendix A.2 of the City Code.
(Ord. No. G-3588, § 2)
Sec. 32-13. Preliminary plat review.
(a) On receipt of the preliminary plat, the Department shall perform its review for compliance to public objectives, giving special attention to design principles and standards as set forth in sections 32-25 through 30 of this chapter; streets and thoroughfares as related to the minimum right-of-way standards map and to neighborhood circulation; utility methods and systems; existing and proposed zoning and land use of the tract and its environs; special planning areas (if applicable), involving master street plans, master drainage plans, etc.; land required for schools, parks, and other public facilities; and section 2, "Subdivision Design," of the City-Wide Development Review Guidelines.
(b) The Department shall distribute copies of the plat to the following reviewing offices as a minimum:
(1) City Street Transportation Department, Flood Plain Section;
(2) City Parks and Recreation Department for recommendations regarding parks and recreation spaces;
(3) Superintendent of the appropriate school district;
(4) Where the land abuts a State highway, to the Arizona Department of Transportation (ADOT) for recommendation regarding right-of-way and intersection design;
(5) All utility companies to include the power, gas, cable TV, irrigation, private water and irrigation companies; and
(6) The Department may distribute copies to other agencies and departments when deemed advisable by the Department.
(c) The reviewing offices shall transmit their recommendations to the Department in writing within ten working days; failure to respond will constitute acceptance. The Department receives and summarizes the recommendations of the reviewing offices. The Department prepares the report and presents it to the applicant.
(Ord. No. G-3588, § 2)
Sec. 32-14. Preliminary plat approval.
(a) If the requirements of this ordinance have been met, the Department shall consider the preliminary plat within thirty calendar days of the date of filing.
(b) If satisfied that all objectives of this ordinance have been met, the Department shall approve the preliminary plat, and shall stamp a notation of approval on two copies of the plat, one being returned to the subdivider and one retained in the permanent file.
(c) If the plat is generally acceptable but requires minor revision before proceeding with preparation of the final plat the Department shall grant conditional approval, the required revisions being noted. The revisions and the copies of the plat, signed by the senior planner, shall constitute preliminary approval.
(d) If the Department finds that the plat requires major revision, the plat shall be returned to the applicant with specific deficiencies and required revisions noted. The applicant shall refile for a revised preliminary review and begin the entire process again.
(e) In the event that there exist extraordinary conditions of topography, land ownership, adjacent development, or other circumstances which may require variation of the provisions of this ordinance, the applicant may appeal to the City Manager's representative (see section 32-40, "Technical appeals").
(f) If a plat is rejected, the new filing of a plat for the same tract, or any part thereof, shall follow the aforementioned procedure and be subject to the required fee.
(g) Upon preliminary approval, the Department will forward copies of the preliminary plat to the private utility companies, together with any conditions of approval.
(h) The Department may approve the filing of a final minor subdivision plat and accept the pre-application conference as meeting the preliminary submittal requirements if it is determined at the pre-application conference that all the following criteria have been met:
(1) The minor subdivision contains twenty or less lots.
(2) The parcel being subdivided is less than five acres.
(3) Zoning has been approved on the site without stipulations or the stipulations have been satisfied prior to submittal other than street dedications or time limits, and there is no opposition to the zoning case.
(4) The site is adjacent to existing street right-of-way or creates no more than one new street or cul-de-sac.
(5) The site is accessible to a paved major street by a minimum of twenty-four-foot-wide interim paving.
(6) There is adequate water and sewer service to the site.
(7) The site is not located on a drainageway.
(8) The site is not in an area with special development concerns or interests, such as, but not limited to, mountain preserve, hillside, floodplain, and/or transportation corridor.
(9) The final plat is sealed by a registered Arizona land surveyor.
(10) The items contained in section 2, "Subdivision Review," of the City-Wide Development Review Guidelines have been satisfactorily addressed.
The City departments (see section 32-12(b) [32-13(b)]) may add conditions to the approval of the final plat during its review of the minor subdivision including compliance with article III of this ordinance which requires the installation of improvements.
The Subdivision Committee may modify the requirements of this section when there exist extraordinary conditions of topography, land ownership, adjacent development or other circumstances not provided for in there regulations.
(Ord. No. G-3588, § 2)
Sec. 32-15. Significance of preliminary approval.
Preliminary approval constitutes authorization for the subdivider to proceed with preparation of the final plat and the engineering plans and specifications for public improvements. Preliminary approval is based upon the following terms:
(a) The basic conditions under which preliminary approval of the preliminary plat is granted will not be changed without concurrence of both the Subdivision Committee and the developer prior to expiration date.
(b) Approval is valid for a period of twelve months from date of the Department's action.
(c) Preliminary approval, in itself, does not assure final acceptance of streets for dedication or continuation of existing zoning requirements for the tract or its environs.
(Ord. No. G-3588, § 2)
DIVISION 3.
FINAL PLATThe final plat stage includes the final design of the subdivision, engineering of public improvements, and submittal of the plat and plans by the subdivider. It includes review of the final plat by the Development Services Department, and if applicable, the City of Phoenix Flood Plain Section and the Arizona Department of Transportation, and final action taken by the Council.
Sec. 32-16. Zoning.
Zoning of the tract must permit the proposed use, and any zoning map amendment necessary must have been adopted by the Council prior to filing of the final plat.
(Ord. No. G-3588, § 2)
Sec. 32-17. Easements.
It shall be the responsibility of the subdivider to provide on the final plat such easements in such location and width as required for utility and/or Phoenix Construction Code purposes.
(a) The following notation shall be placed upon all final plats which provide utility easements: "Construction within easements shall be limited to utilities, and wood, wire or removable section type fencing."
(Ord. No. G-3588, § 2)
Sec. 32-18. Final plat preparation.
The final plat shall be prepared in accordance with requirements set forth in article III and shall conform closely to the approved preliminary plat.
(Ord. No. G-3588, § 2)
Sec. 32-19. Final plat submission.
(a) The subdivider shall file with the Development Services Department, the final plat, with a letter of transmittal, and a fee for final plat review (non-refundable) as set forth in Appendix A.2 of the City Code.
(b) The City Clerk shall be responsible for recording all plats with the Maricopa County Recorder's office. Once a subdivision plat is approved by the City Council and all of the engineering plans have been approved by the Development Services Department, the Department will not hold the recording at the request of the subdivider for longer than ninety days from the date of City Council approval unless extended by Section 32-21, or by the Development Services Director. One copy shall be kept on file in the City Clerk's Department for public access.
(Ord. No. G-3588, § 2; Ord. No. G-4594, § 1, passed 4-7-2004, eff. 5-7-2004)
Sec. 32-20. Final plat review.
(a) Upon receipt of the final plat submittal, the Department shall check it for completeness. If incomplete, the date of the filing shall be voided, and the submittal shall be returned to the subdivider. If complete, the Department shall review the plat for substantial conformity to the approved preliminary plat and route copies of the submittal to the appropriate reviewing offices.
(1) City Parks and Recreation Department, when applicable;
(2) Street Transportation Department, Flood Plain Management Section, for review where the plat includes or abuts an area of special flood hazard; and
(3) Arizona Department of Transportation (ADOT), for approval (where the plat abuts a State highway).
(b) The Department shall prepare a concise summary of recommendations. In the event that the Department finds that the final plat does not conform to the preliminary plat as approved, the final plat shall be returned to the applicant for corrections. The final submittal process shall be repeated until all requirements are met.
(c) Upon final plat approval the developer shall submit for City signature, the original plat with all required owner signatures and certifications. The Development Services Director or his designee shall sign the plat. The Department shall determine the next available Council approval date. The Department shall transmit the plat to the City Clerk and the request for Council approval to the City Manager's office.
(Ord. No. G-3588, § 2; Ord. No. G-4176, § 5, passed 5-19-1999, eff. 6-18-1999)
Sec. 32-21. Final plat approval.
(a) Upon receipt of a request for Council action from the City Manager, the Clerk shall place the case on the agenda of the next regular Council meeting, whereupon the Council shall approve or deny the plat.
(b) If the Council approves the plat, the Clerk shall transcribe a certificate of approval upon the plat, first making sure that the other required certifications (see 32-24(f)) have been duly signed, and that the Department has certified that all of the civil engineering plans have been approved.
(c) The City Clerk shall notify the Development Services Department of all plats for which a certification of approval of engineering plans has not been received within ninety days of final plat approval by the City Council. The Subdivision Committee, upon receipt of valid written justification, may extend the period for up to ninety days. The Development Services Department will subsequently report the status of the plat to the City Council with one of the following recommendations:
(1) The Council should revoke approval of the final plat and require the applicant to resubmit the final plat to the Department for review (with payment of fees) and reapproval by the Council. This review may require additional dedications or improvements, or a revised plat if conditions or ordinances have changed since the Council's approval of the final plat; or
(2) The Council may extend the time for the approval of engineering plans for a specific period of time not to exceed ninety days.
(d) A subdivider may withdraw an approved plat by submitting a written request to the City Council through the Development Services Department. The City Council may formally rescind its approval and void the plat.
(e) When the plat (reference paragraph (c) above) has been revoked by City Council, or withdrawn by the subdivider (reference paragraph (d) above), the City Clerk shall transmit the plat to Development Services who shall return it to the subdivider or engineer. If the subdivider or engineer cannot be found or does not respond within sixty days, the plat will be destroyed.
(Ord. No. G-3588, § 2)
Sec. 32-22. Administrative changes to recorded plat.
A. Any material change to a recorded subdivision plat, including but not limited to changes to legal descriptions of the land included in the subdivision boundaries requires that the plat be re-recorded.
B. Minor changes may be accomplished without re-recording the subdivision plat, through the following administrative process, which is called a Certificate of Correction or Change.
1. Allowable minor change items.
a. Engineering errors.
(1) Change is an obvious engineering error and not a design error, and
(2) Change does not change or relocate any parcel or easement boundary or line, or change the legal description or the land area which is included in the subdivision.
b. Name change, including but not limited to change in the names of subdivisions, streets or places.
2. Procedure– Name change initiated by owner(s)
a. Owner (or his representative) shall file the requested changes in writing with all necessary back-up information with the required fee.
b. The Certificate of Correction or Change shall state the following information:
(1) The corrections and/or changes requested;
(2) The date that the plat was recorded;
(3) The docket and page number of the plat which is to be modified;
(4) Written consent to the correction or change by the current owners of record of all of the property affected by the correction or change (as shown by a title report furnished by the owner and prepared within thirty days prior to the filing of the Certificate of Correction or Change);
(5) Signature line for approval by the Deputy Development Services Director; and
(6) Line for signature by a representative of the City Law Department approving the form of the Certificate.
c. The developer or his representative shall have the Certificate recorded in the Office of the Maricopa County Recorder. A copy of the recorded Certificate shall be filed in the Office of the City Clerk and a copy shall be returned to the Department before the City may act on the changes (if action by the City is required).
3. Procedure– Change initiated by City of Phoenix
a. Development Services Deputy Director, or designee prepares the Certificate of Correction stating the following information:
(1) The corrections requested;
(2) The date that the plat was recorded;
(3) The docket and page number of the plat which is to be modified;
(4) Written notification by certified mail of the correction to the owners(s) of record of all of the property affected by the correction (as shown by the City Clerk Department property record book);
(5) Owner(s) shall have seven days to request a hearing before the City Council if they oppose the correction;
(6) Signature line for approval by the Deputy Development Services Director, or designee;
(7) Line for signature by a representative of the City Law Department approving the form of certificate.
b. The Deputy Development Services Director or designee shall have the certificate recorded in the Office of the Maricopa County Recorder. A copy of the recorded certificate shall be filed in the Office of the City Clerk and a copy shall be returned to the Development Services Department before the City may act on the changes (if action by the City is required).
(Ord. No. G-3588, § 2; Ord. No. G-4387, § 1, passed 10-3-2001, eff. 11-2-2001; Ord. No. G-4593, § 1, passed 4-7-2004, eff. 5-7-2004)
ARTICLE III.
SUBDIVISION PLAT REQUIREMENTS, DESIGN PRINCIPLES AND DEVELOPMENT STANDARDSSec. 32-23. Information required for preliminary plat submittal.
(a) Form of presentation. The information hereinafter required as part of the preliminary plat submittal shall be shown graphically or by note on plans, or by letter, and may comprise several sheets showing various elements of required data. All mapped data for the same plat shall be drawn at the same standard engineering scale, said scale having not more than one hundred feet to an inch. Scales shall be adjusted to produce an overall drawing measuring twenty-four inches by thirty-six inches.
(b) Identification and descriptive data. The following identification and descriptive data shall be required as part of the preliminary plat submittal:
(1) Proposed name of subdivision and its location by section, township, and range; reference by dimension and bearing to a section corner or quarter-section corner;
(2) Name, address, and phone number of subdivider;
(3) Name, address, and phone number of engineer, surveyor, landscape architect, or land planner preparing the plat;
(4) Scale, north arrow, and date of preparation including dates of any subsequent revisions; and
(5) Development option.
(c) Existing conditions data. The following existing conditions shall be required as part of the preliminary plat submittal:
(1) Topography by contours related to USGS survey datum, or other datum approved by the Development Services Department shown on the same map as the proposed subdivision layout. Contour interval shall be such as to adequately reflect the character and drainage of the land and extend from the boundary of the site a minimum of 50 feet or to the far side right-of-way or as determined by the Development Services staff;
(2) Location of water wells, streams, canals, irrigation laterals, private ditches, washes, lakes, or other water-related features; direction of flow, location and extent of areas subject to flooding whether such inundation to be frequent, periodic, or occasional;
(3) Location, widths, and names of all platted streets, railroads, utility rights-of-way of public record, public areas, buildings and other permanent structures to remain with their locations dimensioned to existing and proposed property lines, including water wells, and all municipal corporation lines within or adjacent to the tract;
(4) Name, book, and page numbers of any recorded adjacent subdivisions having common boundary with the tract along with their existing lot lines;
(5) By note, the existing zoning classification of the tract;
(6) By note, the gross acreage of the tract which will include to the centerline of the abutting street(s); and
(7) Boundaries of the tract to be subdivided shall be fully dimensioned.
(d) Proposed conditions data. The following proposed conditions data shall be required as part of the preliminary plat submittal:
(1) Street layout, including location, width, and proposed names of public streets, alleys, and connections to adjoining platted tract;
(2) Typical lot dimensions (scaled); dimensions of all corner lots and lots of curvilinear sections of streets; each lot numbered individually; total number of lots;
(3) Designation of all land to be dedicated or reserved for public use with the use indicated and those areas that will be deeded to a homeowners' association; and
(4) If plat includes land for which multifamily, commercial, or industrial use is proposed, such areas shall be clearly designated together with existing zoning classification and status of zoning change, if any.
(e) Proposed utility methods.
(1) Sewage disposal. It shall be the responsibility of the subdivider to furnish the County Health Department (designee in the Department) such evidence as that Department may require to its satisfaction as to design and operation of sanitary sewage facilities proposed. A statement as to the type of facilities proposed shall appear on the preliminary plat.
(2) Water supply. Evidence of adequate volume and quality satisfactory to the County Health Department (designee in the Department) and substantiated by letter from the Department.
(3) Stormwater disposal. Preliminary calculations and layout of proposed system as required by the Grading and Drainage Ordinance and the Development Review Design Guidelines and location of outlets, subject to approval of the Development Services Department.
(Ord. No. G-3588, § 2)
Sec. 32-24. Information required for final plat submittal.
(a) Method and medium of presentation.
(1) The record plat shall be drawn in India ink on linen, plastic, or other non-shrinking material on a sheet of twenty-four inches by thirty-six inches proportions;
(2) Copies of the record plat shall be reproduced in the form of blueline or blackline prints on a white background; and
(3) The plat shall be drawn to an accurate scale having not more than one hundred feet to an inch.
(b) Identification data required. The following identification data provided by an Arizona registered land surveyor shall be required as part of the final plat submittal.
(1) A title which includes the name of the subdivision and its location by number of section, township, range, and county;
(2) Name, address and registration number of seal of the registered land surveyor preparing the plat; and
(3) Scale, north arrow, and date of plat preparation.
(c) Survey data required. The following survey data shall be required as part of the final plat submittal.
(1) Boundaries of the tract to be subdivided fully balanced and closed, showing all bearings and distances, determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof;
(2) Any excepted parcel(s) within the plat boundaries shall show all bearings and distances, determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof;
(3) Location and description of cardinal points to which all dimensions, angles, bearings, and similar data on the plat shall be referenced; each of two corners of the subdivision traverse shall be tied by course and distance to separate section corners or quarter-section corners;
(4) Location of all physical encroachments upon the boundaries of the tract; and
(5) Sealed copy of a computer printout or all material involved in hand-calculated boundary traverse survey.
(d) Descriptive data required. The following descriptive data shall be required as part of the final plat submittal.
(1) Name, right-of-way lines, courses, length, width of all public streets, alleys, and crosswalks; radii, points of tangency, and central angles of all curvilinear streets and alleys; radii of all rounded street line intersections;
(2) All drainageways shall be shown on the plat. The right-of-way of all major drainageways, as approved by the Department, shall be dedicated to the public in accordance with the area drainage master plan;
(3) Location and all dimensions of all residential lots;
(4) All residential lots shall be numbered by consecutive numbers throughout the plat. "Exceptions," "tracts," and "private parks" shall be so designated, lettered, or named and clearly dimensioned;
(5) Location, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the public with the use clearly indicated;
(6) Location of all adjoining subdivisions with date, book, and page number of recordation noted, or if unrecorded, so marked;
(7) Any proposed private deed restrictions to be imposed upon the plat or any part or parts thereof pertaining to the intended use of the land shall be typewritten and attached to the plat and to each copy submitted; and
(8) A grading and drainage plan in conformance with the grading and drainage regulations in chapter 32A of this Code.
(e) Dedication and acknowledgment.
(1) Dedication. There shall be required as part of the final plat submittal a statement of dedication of all streets, alleys, drainageways, pedestrian ways, and other easements for public use by the person holding title of record, by persons holding title as vendees under land contract and by spouses of said parties. If lands dedicated are mortgaged, the mortgagee shall sign the plat. Dedication shall include a written location by section, township, and range of the tract. If the plat contains private streets, public utilities shall be reserved the right to install and maintain utilities in the street rights-of-way.
(2) Abandonment. Where there are temporary easements, landscaped easements and/or utility easements that are to be vacated (removing any City interest in the easement) they can be shown on the plat and described as such. A roadway right-of-way or easement can be placed on the plat for abandonment only if the requirements of State law are met concurrently with Council approval.
(3) Acknowledgment of dedication. Execution of dedication acknowledged and certified by a notary public.
(f) Required certifications. The following certifications shall be required by the developer as part of the final plat submittal:
(1) Certification by the registered land surveyor certifying that the plat is correct and accurate, and that the monuments described in it have been located as described.
(Ord. No. G-3588, § 2)
Sec. 32-25. Design principles and development standards in general.
(a) Every subdivision shall conform to the requirements and objectives of the City General Plan, or any parts thereof, as adopted by the City Council, to the Zoning Ordinance, the Development Services Development review guidelines, and to other ordinances and regulations of the City, and to the Arizona Revised Statutes.
(b) Where the tract to be subdivided contains all or any part of the site of a park, school, flood control facility, or other public area as shown on the City General Plan, such site should be dedicated to the public or reserved for acquisition by the public within a specified period of time.
An agreement should be reached between the subdivider and the appropriate public agency regarding time, method, and cost of such acquisition. In the event the Department determines that such an agreement has not been reached within a reasonable period of time, not to exceed ninety days, then the Department may make a determination that the requirements of this section have been met.
(c) Land which is subject to periodic flooding, land which cannot be properly drained, or other land which, in the opinion of the Department, is unsuitable for residential use shall not be subdivided; except that the Department may approve subdivision of such land upon receipt of evidence from the County Health Department and/or the Street Transportation Director that the construction of specific improvements can be expected to render the land suitable; thereafter, construction upon such land shall be prohibited until the specified improvements have been planned and construction guaranteed.
(d) Exemptions to portions of this section are listed as follows:
1. Sections 32-5.B, 32-5.C and 32-5.D: Street improvements may not be required as a condition of approval for the division of a parcel in the following situations:
(1) When the lot division is to allow construction of single-family dwelling and the Development Services Department determines that less than fifty percent of the half street right-of-way for the side of the block on which the property is located would be improved as a result of such condition; or
(2) In any case when the Development Services Department determines that improvement of the abutting half street is impractical because of considerations such as but not limited to inadequate right-of-way preventing access to the property, type and extent of existing street improvements, inability to establish a property street grade or alignment. Physical barrier such as excessive grade of terrain or washes, ditches, canals, buildings or other structures, or special circumstances where the Development Services Department can obtain assurance of construction because the street is included in a larger improvement project which is imminent, or the property is in an established improvement district. Said lot division approval to be in written form by the Development Services Department.
(Ord. No. G-3588, § 2)
Sec. 32-26. Street location and arrangement.
(a) Whenever a tract to be subdivided embraces any part of a street designated in the adopted street classification system, such street shall be platted in conformance therewith.
(b) Street layout shall provide for the continuation or discontinuation of such streets as the Department may designate.
(c) Whenever a tract to be subdivided is located within an area for which a neighborhood plan has been approved by the Council, the street arrangement should recognize the functionality of the plan.
(d) Certain proposed streets, as designated by the Department, shall be extended to the tract boundary to provide future connection with adjoining unplatted lands.
(e) Public and private streets should be designed to minimize cut through traffic in residential areas.
(f) Local streets should be discontinuous and generally should be interrupted with jogs and offsets. Four-way intersections should be avoided.
(g) Where a proposed subdivision abuts or contains an existing or proposed arterial route, the Department may require frontage roads or reverse frontage with 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, and to preserve the traffic function of the arterial route.
(h) Where a subdivision abuts or contains the right-of-way of a railroad, a limited access highway, or an irrigation canal, or abuts a commercial or industrial land use, the Department may recommend location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of the intervening land. Such distance shall be determined with due regard for approach grades, drainage, bridges, or future grade separations.
(i) 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.
(j) Alleys shall not be required in residential, commercial, or industrial subdivisions, except that alleys shall be required in all subdivisions where:
(1) The subdivision abuts an existing, partially dedicated alley(s); or
(2) An extension of an alley(s) from an adjoining subdivision is required to complete the established circulation pattern.
(k) Local streets should be extended to provide access between adjoining neighborhoods at appropriate intervals. Half streets at subdivision boundaries should be discouraged except where necessary for continuation of existing patterns. Where there exists a platted half street abutting the tract to be subdivided, and said half street furnishes the sole access to residential lots, the remaining half shall be platted within the tract.
(Ord. No. G-3588, § 2; Ord. No. G-3851, § 1)
Sec. 32-27. Street design.
(a) Minimum required right-of-way widths.
(1) Major arterial streets and highways: As required by the current City standards.
(2) Collector streets: As required by current City standards.
(3) Local streets: As required by current City standards.
(A) Cul-de-sac streets in residential subdivisions shall terminate in a circular right-of-way fifty feet in radius with an improved traffic turning circle forty-five feet in radius. The Department may approve an equally convenient form of space where extreme conditions justify.
(B) Dead-end streets will not be approved except in locations designated by the Department as necessary for future extension in development of adjacent lands. In any case, a dead-end street serving more than four lots shall provide by easement a temporary turning circle with a fifty-foot radius or other acceptable design to accomplish adequate access with an improved surface.
(4) Marginal access streets (frontage roads): As required by current City standards (Phoenix Supplemental Standard Details).
(5) Alleys: When alleys are provided, they shall be sixteen feet wide where there is single-family residential zoning on both sides; [and] twenty feet wide if abutting or in multifamily zoning district or districts or in commercial and industrial zoning districts. Alley intersection and sharp changes in alignment shall be avoided, but where necessary, corners shall be mitered fifteen feet on each side to permit safe vehicular movement. Dead-end alleys shall be prohibited except when necessary for future extensions. All initial partial alleys shall have a minimum width of twelve feet.
(b) Grades.
(1) Longitudinal grade.
Arterial streets: As determined by the Street Transportation Director.
Collector streets: Maximum of seven [percent].
Local streets: Maximum of nine percent.
(2) (a) Concrete or asphalt streets with concrete gutters:
Cross-slope desirable: 0.4 percent.
Minimum: 0.15 percent.
(b) Concrete or asphalt streets without concrete gutters:
Cross-slope minimum: 0.35 percent.
(3) Exceptions. Where rigid adherence to these standards causes unreasonable or unwarranted hardship in design or cost without commensurate public benefit, exceptions may be made by the Department upon review and approval of the Department's Deputy Director, Project Engineering Division.
(c) Vertical curves.
(1) Arterial streets: As determined by Street Transportation Director.
(2) Collector and local streets: Minimum length, one hundred feet, except in cases approved by Department's Deputy Director, Project Engineering Division.
(d) Horizontal alignment.
(1) Arterial routes: As determined by Street Transportation Director.
(2) When tangent centerlines deflect from each other more than ten degrees and less than seventy-five degrees, or greater than one hundred five degrees, they shall be connected by a curve with a minimum centerline radius of five hundred feet for collector streets, or one hundred feet for local streets.
(3) Between reverse curves there shall be a tangent section of centerline not less than one hundred feet long.
(4) Streets intersecting an arterial route shall do so at a ninety-degree angle; intersections of local streets shall not vary from ninety degrees by more than fifteen degrees.
(5) Residential and collector street jogs with centerline offsets of less than one hundred twenty-five feet shall be avoided except under special circumstances. Minimum three-hundred-fifty-foot centerline offsets are to be provided along major streets where left turn storage will conflict with existing intersections.
(6) Local streets intersecting a collector street or arterial route shall have a tangent section of centerline at least one hundred fifty feet in length measured from the right-of-way line of the major street; except that no such tangent is required when the local street curve has a centerline radius greater than four hundred feet with the center located on the major street right-of-way line. Where topographic conditions make necessary other treatment to secure the best overall design, these standards may be relaxed by the Department.
(7) Street intersections with more than four legs and Y-type intersections where legs meet at acute angles shall be avoided.
(8) At residential street intersections, property line corners shall be rounded by circular arc, said arc having a minimum tangent length of twelve feet.
(9) The Subdivision Committee may modify the requirements of this section where there exist extraordinary conditions of topography, land ownership, adjacent development or other circumstances not provided for in these regulations.
(Ord. No. G-3588, § 2)
Sec. 32-28. Block design.
(a) Maximum length of blocks, measured along the centerline of the street, and between intersecting street centerlines, fifteen hundred feet; except that in development with lot areas averaging one-half acre or more or where extreme topographic conditions warrant, this maximum may be exceeded by five hundred 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) Maximum length of cul-de-sac streets, four hundred feet, measured from the intersection of right-of-way lines to the extreme depth of the turning circle along the street centerline. An exception may be made where topography justifies but shall not be made merely because the tract has restrictive boundary dimensions, wherein provision should be made for extension of street pattern to the adjoining unplatted parcel and a temporary turnaround installed.
(c) Pedestrian ways. Pedestrian ways with right-of-way width of eight feet may be required where essential for circulation, or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Pedestrian ways may be used for utility purposes if so dedicated.
(d) The Subdivision Committee may modify the requirements of this section where there exist extraordinary conditions of topography, land ownership, adjacent development or other circumstances not provided for in these regulations.
(Ord. No. G-3588, § 2)
Sec. 32-29. Lot planning.
(a) Lot width, depth, and area shall comply with the minimum requirements of the Zoning Ordinance and shall be appropriate for the location and character of development proposed, and for the type and extent of street and utility improvements being installed. In general, urban density of three or more lots per gross acre must have urban street and utility improvements. "Urban improvements" is interpreted to mean paved and curb streets, sidewalks, local storm drainage system, underground streetlights, public sanitary sewerage and public water.
(b) Proposed streets shall be arranged in close relation to existing topography. Where steep topography prevails, as in the platting of hillside subdivisions, and where street grades must of necessity reach or exceed the standard maximums, the standards and requirements of section 32-32 may be followed.
(c) (1) Lot depth for residential zoned lots shall conform to the Zoning Ordinance requirements for the selected development option and the depth-to-width ratio of the usable area of the lot not greater than three to one.
(2) Lot depth for both commercial and industrial zoned lots should be the depth-to-width ratio of usable area of the lot not greater than four to one.
(3) A "subdivision setback exhibit" shall be submitted with the average lot subdivision to show the location of the setbacks; no setbacks will be placed on the plat. However, a note on the plat will reference that the plat is an average lot subdivision and that the front and rear setbacks are shown on the approved setback exhibit, and where the public may review same.
(4) The Subdivision Committee may modify the requirements of 32-29(c) where there exist extraordinary conditions of topography, land ownership, adjacent ownership or other circumstances not provided for in these regulations.
(d) Minimum front building setback lines shall conform to the minimum requirements of the Zoning Ordinance.
(e) Side lot lines shall be substantially at right angles or radial to street lines, except where there exist extraordinary conditions of geometry, topography, land ownership, adjacent ownership or other circumstances not provided for in these regulations, then the Subdivision Committee may make modifications.
(f) Every lot shall abut upon a public street (or private accessway if PRD option) as approved by the Subdivision Committee furnishing satisfactory access thereto.
(g) Single-family residential lots extending through the block and having frontage on two parallel streets shall not be permitted; backing of lots to thoroughfares shall be prohibited except where expressly permitted in accordance with section 32-26(g) of these regulations, or where there exist extraordinary conditions of geometry, topography, land ownership, adjacent ownership or other circumstances not provided for in these regulations, then the Subdivision Committee may make modifications.
(Ord. No. G-3588, § 2)
Sec. 32-30. Easement planning.
(a) Easements for utilities shall be provided as follows:
(1) Where alleys are provided, four feet for aerial overhang on each side of alley shall be provided by dedication.
(2) Along side lot lines: Six feet on each side of lot lines for distribution facilities and one foot on each side of lot lines for street lighting as may be designated.
(3) Guy and anchor easements: One foot wide on each side of a lot line and approximately thirty-five feet in length measured from the rear lot line as designated.
(4) Along both sides of all streets, adjacent to the right-of-way, an eight-foot public utility easement (PUE) shall be dedicated.
(b) For lots facing on curvilinear streets, utility easements or alleys may consist of a series of straight lines with points of deflection not less than one hundred twenty feet apart. Points of deflection should always occur at the junction of side and rear lot lines on the side of the exterior angle. Curvilinear easements or alleys may be provided, providing that the minimum radius for the alley or easement shall be not less than eight hundred feet.
(c) Where a stream or important surface drainage course abuts or crosses the tract, dedication of a public drainage easement of a width sufficient to permit widening, deepening, relocating, or protecting said watercourse shall be required. The minimum acceptable width of a public drainage easement is ten feet.
(d) Land within a public street or drainage easement or land within a utility easement for major power transmission (tower) lines or pipelines shall not be considered a part of the minimum required lot area except where lots exceed one-half acre in area. This shall not be construed as applicable to land involved in utility easements for distribution or service purposes.
(e) Lots arranged with the rear property line adjacent to major streets, railroads, canals, or commercial or industrial districts, as required in sections 32-26(g) and (h), shall have a minimum lot depth of one hundred ten feet, the rear one foot of which shall be recorded as a vehicular non-access easement.
(Ord. No. G-3588, § 2)
Sec. 32-31. Street naming.
SINGLE-FAMILY RESIDENTIAL LOTS MINIMUM 18,000 SQUARE FEET CONVENTIONAL DEVELOPMENT OPTION SINGLE-FAMILY RESIDENTIAL (PLANNED RESIDENTIAL DEVELOPMENT OPTION, PLANNED AREA DEVELOPMENT MULTI-FAMILY RESIDENTIAL ANY NON-RESIDENTIAL ZONING DISTRICT Total grading: all site grading (including building area under roof) Thirty-five percent 35% Not to exceed 20,000 square feet Thirty-five percent 35% Not to exceed 20,000 square feet Thirty-five percent 35% *The DSD landscape architect may approve an additional five percent (5%) of grading subject to revegetation with desert vegetation and chemical treatment of all exposed cut and fill scars to blend with natural terrain. The area between stepped retaining walls shall be included in gradable area calculations as follows: 1) Revegetated with desert vegetation: Included in revegetation grading area maximum 5%. 2) If not revegetated with desert vegetation: Included is total site grading area, maximum 35%. Grading for lots: subdivided prior to 1972 or annexed into the city which contain less than 18,000 square feet may be graded based on standards of an 18,000 square feet lot. The maximum continuous edge of development adjacent to non-preserve hillside areas shall not exceed 500 feet. Each area shall be separated by an undisturbed common tract which is a minimum 50 feet in width D. Appeals: The City Manager's Representative (CMR) shall hear all appeals of the Special Design Standards and Grading Standards for hillside lots and parcels and hillside P.R.D., P.A.D. sites, and may approve grading in excess of thirty-five percent of the hillside area of a hillside lot or parcel or P.R.D., P.A.D. site if:
There exist one or more of the following hardships not caused by the applicant:
1. Findings:
a. The lot was legally created, but does not contain sufficient area to comply with the minimum hillside lot size requirements of this chapter;
b. The lot was disturbed or graded prior to 1972 or prior to annexation by the City.
c. The lot complies with the minimum hillside lot requirements of this chapter, but due to the steepness of the slope, additional grading is required to accommodate a driveway or cut and fill areas necessary to provide a building site and minimal pool, yard areas;
d. Additional grading in flat areas will permit preservation of unusual topographic features such as washes or rock outcroppings;
e. The lot has no significant natural topographic features or significant vegetation.
f. The purpose of the ordinance will not be served due to the detrimental impact of the character of surrounding properties.
2. Hearings: The CMR shall hold a hearing on applications to exceed the grading standards at which the applicant and any interested parties have an opportunity to be heard.
a. The property which is the subject of the hearing will be posted by the City for a period of fifteen days prior to the hearing to notify interested parties of the impending hearing. It shall be the responsibility of the applicant to ensure that the posting remains in place for the entire fifteen day period.
b. At least fifteen days prior to the hearing, the applicant will notify property owners neighborhood organizations registered with the Neighborhood Services Department surrounding the property which is the subject of the appeal to a distance of three hundred feet of the impending hearing through a certified letter sent at the applicant's expense. The form of letter shall be approved by the Development Services Department. Properties within three hundred feet will be identified by the Development Services Department. The applicant will obtain names and addresses of the owners of these properties from the City Clerk Department Property Book Records Section and will notify these owners at the applicant's expense by certified mail of the impending hearing. Before the appeal is processed, the applicant must provide to the Development Services Department the list of property owners from the City Clerks Department and receipts from the certified letters sent to each of these owners.
c. The CMR may approve a grading waiver subject to general or substantial conformance to a submitted plan. A CMR hearing is required for a major amendment to an approved grading plan. The determination of the need for a public hearing will be made by the Subdivision Committee of the Development Services Department.
d. The CMR's decision shall be final unless the applicant or any interested parties, within ten days after the decision is announced, requests in writing that the Development Advisory Board hold a hearing on the appeal, at which the applicant and any interested parties have an opportunity to be heard. Notice of any hearing held pursuant to this paragraph shall be posted on the subject property at least fifteen days prior to the hearing.
3. Administrative Approval: The CMR may consider administrative approval of a grading waiver without holding a public hearing if the following conditions are met:
a. The Development Services Department recommends approval of the request.
b. The applicant is in agreement with the development services department recommendation and any proposed stipulations.
c. The property has been posted for a period of fifteen days prior to the administrative approval date. It shall be the responsibility of the applicant to ensure that the posting remains in place for the entire fifteen day period.
d. At least fifteen days prior to the administrative approval date, the applicant will notify property owners neighborhood organizations registered with the Neighborhood Services Department surrounding the property which is the subject of the appeal to a distance of three hundred feet of the impending approval date through a certified letter sent at the applicant's expense. The form of letter shall be approved by the Development Services Department. Properties within three hundred feet will be identified by the Development Services Department. The applicant will obtain names and addresses of the owners of these properties from the City Clerk Department Property Book Records Section and will notify these owners at the applicant's expense by certified mail of the impending hearing.
e. The administrative approval will become effective on the proposed approval date unless a grading waiver is provided in writing to the Development Services Department by close of business prior to the administrative approval date. The written form of letter requesting the grading waiver hearing shall be approved by the Development Services Department. If the Development Services Department is notified in writing as described, a grading waiver hearing will be conducted by the City Manager's representative.
E. Validity. The approved grading waiver shall be valid for a period of twenty-four months and continues in effect beyond twenty-four months if a building permit has been issued and has not expired or a certificate of occupancy has been issued with the project complying with approved plans existing grading waivers continue to be in effect for a period of twenty-four months from the effective date of this Ordinance.
F. Enforcement. Maintaining premises in violation of Hillside Regulations after annexation or after the effective date of the Hillside Ordinance provisions shall be grounds to prohibit the issuance of additional building permits until violations are corrected.
A. Any lot which is graded after annexation or the effective date of the Hillside Ordinance without a valid grading permit or beyond areas shown on an approved hillside plan shall be restored to natural grade and revegetated with plant material to resemble and blend with:
1. Surrounding undisturbed hillside areas; and/or
2. Surrounding plant material in the immediate context area and/or
B. Receive appropriate plan approvals or grading waivers as approved by the Development Services Department or subsequent appeal.
G. Definitions. All definitions are from the Zoning Ordinance unless otherwise referenced.
(Ord. No. G-3588, § 2; Ord. No. G-3732, § 1; Ord. No. G-3995, § 1, passed 3-19-1997, eff. 4-18-1997; Ord. No. G-4176, §§ 6, 7, passed 5-19-1999, eff. 6-18-1999; Ord. No. G-4554, § 1, passed 11-12-2003, eff. 12-12-2003)
Cross references: Grading and drainage, ch. 32A.
Sec. 32-33. Street and utility improvement requirements.
(A) It is the purpose of this section to establish in outline the minimum acceptable standards for improvement of public streets and utilities; to define the responsibility of the subdivider in the planning, construction, and financing of public improvements; and to establish procedures for review and approval of engineering plans.
(B) Responsibility. All improvements required in streets, alleys, or easements which are required as a condition to plat approval shall be the responsibility of the subdivider; provided, however, that he may be allowed to meet the requirement by participation in an improvement district (which would include water, sewer, paving, curb and gutter, etc.), approved by the Street Transportation Department.
(C) Engineering plans.
(1) It shall be the responsibility of the subdivider to have prepared by a civil engineer registered in Arizona a complete set of engineering plans, satisfactory to the Department, for construction of public water and sanitary sewer facilities, streets, drainage, and for construction of all other required improvements. Such plans shall be based on the approved preliminary plat and be prepared in conjunction with the final plat.
(2) Engineering plans for public water and sanitary sewer facilities, streets and drainage, and all other improvements shall be approved by the Development Services Department prior to recordation of the final plat.
(3) Engineering plans for drainage facilities in areas of special flood hazard, or which alter areas of special flood hazard shall be approved by the Street Transportation Department for general conformance to the National Flood Insurance Program and related regulations only.
(D) Construction and inspection.
(1) All relocation, tiling, and reconstruction of irrigation facilities shall be constructed to standards of the owning utility and the City of Phoenix enforced through the Development Services Director or designee.
(2) All improvements in the public right-of-way shall be constructed under the inspection and approval of the Development Services Department. Construction shall not be commenced until a permit has been issued for such construction, and if work has been discontinued for any reason, it shall not be recontinued until after notifying the Department in advance.
(3) All underground utilities to be installed in streets shall be constructed prior to the surfacing of such streets. Service stubs to each platted lot within the subdivision for underground utilities shall be extended from the main at least to the right-of-way adjacent to each lot or private accessway servicing each lot and to such length as not to necessitate disturbance of street improvements when service connections are made.
(E) Required improvements.
(1) Streets and alleys. All streets and alleys within the subdivision shall be graded and surfaced to cross sections, grades and standards approved by the Street Transportation Director on major streets and the Development Services Director or designee for all other streets and alleys. Where there are existing streets adjacent to the subdivision, subdivision streets shall be improved to the intercepting paving line of such existing streets. Dead-end streets serving more than four lots shall be provided a graded and surfaced temporary turning circle.
(2) Curbs. Where streets are to be paved, Portland cement concrete curb, curb and gutter, or valley gutter, as approved by the Department shall be installed in accordance with approved City standards.
(3) Sidewalks. Portland cement concrete sidewalks shall normally be required on both sides of streets and shall be constructed to a width, line, and grade approved by the Department in accordance with approved City standards. Where density of development is light or where for other reasons the installation of sidewalks is not considered necessary, the Department may waive the requirement on one or both sides.
(a) Multipurpose ramps shall be built at each corner of all intersections; at a "T" intersection, the ramps shall also be built perpendicular across the street from the two corners.
(b) Subdivision design should provide convenient pedestrian access via sidewalks to transit stops along major or collector streets.
(c) Subdivision design should utilize detached sidewalks, i.e., sidewalks that are separated from the curbline, along all major streets.
(d) In industrial areas, sidewalks should be provided on major and collector streets. Sidewalks should be provided on local streets where pedestrian paths currently exist or to ensure continuity of existing sidewalks on adjacent properties.
(e) The proposed subdivision should consider the use of decorative pavement accents in sidewalks and near street intersections.
(4) Pedestrian ways. Portland cement concrete walks through blocks a minimum of six feet wide shall be constructed to a line and grade approved by the Department and fenced on both sides with a minimum four-foot maintenance-free fence with posts set in concrete. Access to pedestrian ways shall be restricted as to vehicular traffic.
(5) Street name signs. Signs shall be placed at all street intersections by the City and be in place by the time the street pavement is ready for use. Developer shall pay the City the total cost of sign installation.
(6) Storm drainage. Proper and adequate provision shall be made for disposal of stormwaters; this shall apply equally to grading of private properties and to public streets. Existing major watercourses shall be maintained and dedicated as drainageways. The type, extent, location, and capacity of drainage facilities shall be determined for the individual subdivision by the Department and shall be constructed in accordance with approved City standards and the area drainage master plan, if one has been completed.
(a) National Pollution Discharge Elimination System (NPDES). A soil and erosion plan or stormwater pollution prevention plan (SWPPP) (effective on all projects ongoing or after October 1, 1992) shall be submitted with the grading and drainage plan. The plan shall show the best management practices (BMPs) and other requirements. The engineer shall also provide the notice of intent (NOI) to EPA, DEQ, as well as the Department.
(7) Sanitary sewage disposal. Sewage disposal facilities shall be installed to serve each lot and be subject to the following standards and approvals, except as otherwise required by section 32-32(c):
(a) Individual systems may be constructed only in areas not reasonably accessible to a public sewer system, and then only when the following conditions are met to the satisfaction of the County Health Department:
(1) Soil absorptivity is adequate;
(2) Construction complies with approved standards; and
(3) Locations of septic tank and seepage pits or leach lines or disposal beds in relation to property lines and buildings, and water supply wells and lines are acceptable. Location shall be such that efficient and economical connection can be made to a future public sewer.
(b) Public sanitary sewers shall be installed in areas which are reasonably accessible to an existing sewer system and shall be constructed to plans, profiles, and specifications approved by the Department.
(c) In areas where public sanitary sewers are not reasonably accessible but where the future owning agency agrees to effect temporary disposal of sewage, the subdivider shall plan and construct sewers within and for the subdivision for connection with a future public system.
(8) Water supply. Each lot shall be supplied with safe, pure, and potable water in sufficient volume and pressure for domestic use and fire protection in accordance with City standards.
(9) Private irrigation facilities. All irrigation facilities to remain within the boundaries of the tract or in an abutting one-half street or alley right-of-way shall be tiled in accordance with standards of the owning agency and/or relocated as may be directed by the Department and the owning agency. Where street improvement requires relocation of control gates or other structures, such relocation and reconstruction shall conform to the Development Services Director or designee and owning agency requirements.
(10) Monuments. Permanent monuments shall be installed in accordance with current City standards at all corners, angle points, and points of curve and at all intersections, and at all corners, angle points and points of curve of all conservation easements. After all improvements have been installed, a registered land surveyor shall install the monuments and certify their accuracy to the Development Services Director or designee.
(11) Lot corners. Iron pipe shall be set at all corners, angle points, and points of curve for each lot within the subdivision prior to the final acceptance letter by the City or installation of monuments.
(12) Streetlights. Electrical service required for street lighting, lamp poles and fixtures shall be installed to those locations approved by the Street Transportation Director.
(13) The subdivider may choose upgraded streetlights and street signs in accordance with a list of acceptable upgrades kept by the City of Phoenix.
(Ord. No. G-3588, § 2; Ord. No. G-4176, § 8, passed 5-19-1999, eff. 6-18-1999)
Sec. 32-34. Approval of engineering plans.
(1) Submittal. A certification of approval of engineering plans signed by the Department shall be filed with the City Clerk prior to the recording of the plat. If the engineering plans have not been approved within ninety days, the Council may require that the final plat be resubmitted or rescind its approval.
(Ord. No. G-3588, § 2)
Sec. 32-35. Schedule of improvement requirements.
Specific standards of improvements to be installed in a subdivision shall be related to the location of the subdivision and type of development proposed therein, as outlined in the following schedule of improvement requirements.
(1) Urban developments.
(a) Description. Single-family residential development with lot widths less than one hundred twenty feet and lot areas less than eighteen thousand square feet (density, two du/ac. plus or minus); two-family and multifamily residential development regardless of site area or density.
(b) Requirements. (1) Public sewer in accordance with section 32-33.E(7); (2) public water supply systems in accordance with section 32-33.E(8) including mains and fire hydrants to City standards in areas served by private water companies and mains and fire hydrants to City standards within the area served by the City of Phoenix water system; (3) storm drainage in accordance with section 32-33.E(6); (4) all streets, approved pavement, Portland cement concrete sidewalks both sides; (5) alleys, sixteen-foot right-of-way, completely surfaced with approved material to an approved width (single- and two-family development); twenty-foot right-of-way, surfaced with approved material to an approved width (multifamily or commercial development); (6) underground streetlight circuits, lamps, poles and fixtures in accordance with section 32-33.E(12); (7) landscape buffer (where subdivisions back up or side on to major and collector streets, a minimum of twelve feet of landscaping between the subdivision wall and the back of the curb (exclusive of sidewalk) should be provided) or as approved by the Subdivision Committee; and (8) all electrical lines twelve and five-tenths kv and smaller shall be installed underground.
(2) Suburban developments.
(a) Description. Single-family residential development with minimum lot widths of more than one hundred feet but less than one hundred fifty feet and minimum lot areas of eighteen thousand square feet but less than thirty-five thousand square feet.
(b) Requirements. (1) Public sewer in accordance with section 32-33.E(7); (2) public water supply systems in accordance with section 32-33.E(8) including mains to City standards in areas served by private water companies and mains and fire hydrants to City standards within the area served by the City of Phoenix water system; (3) storm drainage to acceptable outlet in accordance with section 32-33.E(6); (4) all streets, approved pavement, Portland cement concrete curbs; (5) alleys, sixteen-foot right-of-way surfaced with approved material; (6) underground streetlight circuits, lamps, poles and fixtures in accordance with section 32-33.E(12); (7) landscape buffer (where subdivisions back up or side on to major and collector streets, a minimum of twelve feet of landscaping between the subdivision wall and the back of the curb (exclusive of sidewalk) should be provided) or as approved by the Subdivision Committee; and (8) all electrical lines twelve and five-tenths kv and smaller shall be installed underground.
(3) Estate development. The City will allow either of the following two options:
Option 1:
(a) Description. Single-family residential development with minimum lot widths of one hundred fifty feet and minimum lot areas of thirty-five thousand square feet or more.
(b) Requirements. (1) Public sewer in accordance with section 32-33.E(7); (2) public water supply systems in accordance with section 32-33.E(8) including mains to City standards in areas served by private water companies and mains and fire hydrants to City standards within the area served by the City of Phoenix water system; (3) storm drainage to acceptable outlet; (4) all streets paved to an approved cross section; (5) underground streetlight circuits, lamps, poles and fixtures in accordance with section 32-33.E(12); (6) landscape buffer (where subdivisions back up or side on to major and collector streets, a minimum of twelve feet of landscaping between the subdivision wall and the back of the curb (exclusive of sidewalk) should be provided) or as approved by the Subdivision Committee; and (7) all electrical lines twelve and five-tenths kv and smaller shall be installed underground.
Option 2:
(a) Description. Overall project density of RE35, developed as PRD or subdivision (no average lot) with homeowners' association (HOA), or site plan with building envelopes/development controls and conditions, covenants and restrictions (CC&Rs).
(b) Requirements. (1) Public sewer in accordance with section 32-33.E(7); (2) public water supply systems in accordance with section 32-33.E(8) including mains to City standards in areas served by private water companies and mains and fire hydrants to City standards within the area served by the City of Phoenix water system; (3) building envelopes shall be located on high points from detailed topography and so as not to disturb major vegetation stands on the site (a vegetation map may be required) (any lots, or area that is considered hillside, the hillside specifications shall prevail); lots shall be established based on building envelope location; streets shall be based on lot location; public roads shall be dip section with two-year culvert crossing; private roads (with homeowners' association) shall be developed in accordance with City policy and may be dip section (without culvert) if lots have alternative access; (4) preservation of natural washes as determined by the Site Development branch; (5) all local residential streets may be paved with ribbon curbs if drainage and pedestrian traffic permit; (6) all collector streets are to have vertical curbs and sidewalks except that ribbon curbs may be provided if the sidewalk is set back a minimum of five feet from the curb; (7) mid-block streetlights not required on local residential streets, however, if residents subsequently request streetlights, they shall pay for total cost of underground installation (policy statement shall be placed on plat, in homeowners' association, in conditions, covenants and restrictions, etc.); (8) building construction envelope plus yard area (including paving, sidewalk, pool, tennis court, driveway, etc.), shall not exceed ten thousand square feet per dwelling unit; (9) landscape buffer (where subdivision backs up to major or collector streets): a minimum twelve feet of landscaping between the subdivision and back of curb (exclusive of sidewalk) should be provided (perimeter fence should be a "view fence," solid part not higher than three feet) or as approved by the Subdivision Committee; and (10) all electrical lines twelve and five-tenths kv or smaller shall be installed underground.
(Ord. No. G-3588, § 2)
ARTICLE IV.
APPROVALS AND APPEALSSec. 32-36. Approval by the City Council.
The approval by the City Council of the final plat is subject to the following conditions:
(a) The subdivision improvements may be constructed in phased increments of lots as specified by the subdivider and approved by the Development Services Department. The phasing is subject to provision of satisfactory drainage, traffic movements and other services as determined by the Department.
(b) The improvements shall be constructed in accordance with plans for water and public sanitary sewer facilities, and for all other improvements as approved by the Department.
(c) The improvements shall be completed within agreed specified time for each increment, provided an extension time may be granted upon conditions specified by the Department.
(d) Construction of all improvements within streets and easements shall be inspected by the Department.
(Ord. No. G-3588, § 2)
Sec. 32-37. Necessity for completion of improvements.
(a) The Development Service Department shall deny final approval of any building permit or any clearance for occupation of any building, until all the required improvements set forth in this chapter are completed and plans have been approved or secured by cash or an acceptable surety bond posted with the Development Services Department.
(b) The cash, surety bond, or a portion thereof, the amount of such portion to be determined by the Development Services Department, may be retained or called upon by the Department at any time as funds to be utilized for performing any work required to complete the required improvements, if the Development Services Department finds that the required improvements are not being completed to its satisfaction. If improvements are guaranteed by a certificate of occupancy hold letter, occupancy of buildings may be denied until improvements are completed.
(Ord. No. G-3588, § 2)
Sec. 32-38. Cash or surety.
(a) The cash, surety, or certificate of occupancy hold letter shall be deposited with the Development Services Department in an amount equal to the amount of the cost of the work of each recorded increment (as determined by the Development Services Department) guaranteeing that the work will be completed in accordance with City details and specifications. The Development Services Department shall give the applicant a receipt for such deposit.
(b) The surety bond shall be executed with a corporation duly authorized to transact surety business in the State of Arizona, as surety. The bond shall be in favor of the City, shall be continuous in form, and shall be conditioned that the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond, irrespective of the number of years the bond is in force. The bond, cash or certificate of occupancy hold letter shall be released upon satisfactory performance and acceptance of the work by the City.
(Ord. No. G-3588, § 2)
Sec. 32-39. Appeals.
There are two distinct categories of appeals: design and technical.
(Ord. No. G-3588, § 2)
Sec. 32-40. Technical appeals.
(1) An action or decision of the Department may be appealed by the applicant within ten calendar days to the Development Services Director or designee if the appeal is from stipulation(s) which are not required by City ordinance.
(a) Appeals shall be in writing on a form provided by the Department. An appeal will be heard within fifteen calendar days from the date of submission of an appeal to the Development Services Director or designee after the appeal fee is paid. The hearing date, time, and location for the appeal hearing will be set by the Development Services Director or designee. Any person invited to the review of the final report with the applicant shall be informed by the Department of the date, time, and location of the appeal hearing.
(b) A decision on the appeal will be made at the hearing. An appeal of the decision of the Development Services Director or designee may be made to the Development Advisory Board within ten calendar days from the hearing. Appeals shall be in writing on a form provided by the Department.
(2) An action or decision of the Department not included in section 32-40(1) may be appealed within ten calendar days to the Development Advisory Board. Appeals shall be in writing on a form provided by the Department.
(3) The Development Advisory Board shall review the subdivision report and exhibits, if any, and may, at its discretion, hear further oral arguments, and newly discovered evidence not available at the time of the Department approval.
(4) Fees shall be as set forth in appendix A.2 of the City Code.
(Ord. No. G-3588, § 2; Ord. No. G-4176, §§ 9, 10, passed 5-19-1999, eff. 6-18-1999)
Sec. 32-41. Design development appeals.
(1) An action or decision of the Department imposing conditions in accordance with presumptive design (development) review guidelines (section 507, Zoning Ordinance) may be appealed by the applicant to the Development Review Appeals Board within fifteen calendar days from the date of the staff's preliminary review decision.
(2) Appeals must be in writing on a form provided by the Department and include only those items being appealed (see appendix G of the Development Review Manual).
(3) An appeal will be heard within thirty calendar days from the date of submission of an appeal. Any person invited to the review of the preliminary report with the applicant will be informed by the Department of the date, time and location of appeal hearing.
(4) A decision on the appeal will be made by the Development Review Appeals Board on the date of the hearing unless continued at the discretion of the Board and will be transmitted to the applicant in writing. The decision of the Development Review Appeals Board will be final.
(5) Any person aggrieved by a final decision of the Development Review Appeals Board may appeal to a court of competent jurisdiction.
(Ord. No. G-3588, § 2; Ord. No. G-3995, § 1, passed 3-19-1997, eff. 4-18-1997)
Sec. 32-42. Modifications.
(1) Except as to grading standards, which are covered by section 32-32, where there exist extraordinary conditions of topography, land ownership, or adjacent development, or other circumstances not provided for in these regulations, the Development Services Director, or his designee, may modify these ordinance provisions in such manner and to such extent as may be appropriate to the public interest sought to be protected by the provision requested to be modified. In modifying the standards or requirements of these provisions, the Development Services Director or designee may make such additional requirements as appear necessary, in his judgment, to secure substantially the objectives of the standards or requirements so modified. The Development Services Director, or his designee, shall hold an administrative hearing in regard to the requested modification at which the applicant has an opportunity to be heard. The Development Services Director's, or his designee's, decision shall be final unless the applicant, within ten days after the decision is announced, requests in writing that the Development Advisory Board hold a hearing on the requested modification.
(2) In the case of a plan and program for a complete community, or a complete neighborhood, the Development Services Director or designee may modify these provisions 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 provide legal provisions as will assure conformity to and achievement of the plan.
(3) Fees shall be as set forth in appendix A.2 of the City Code.
(Ord. No. G-3588, § 2; Ord. No. G-3732, § 1; Ord. No. G-3995, § 1, passed 3-19-1997, eff. 4-18-1997; Ord. No. G-4176, § 11, passed 5-19-1999, eff. 6-18-1999)
Sec. 32-43. Prohibition against circumvention of ordinance.
(1) No person, firm, [or] corporation, shall sell or lease or offer for sale or lease any lot, piece, or parcel of land which:
(a) Is within a subdivision as defined in section 32-4 of this ordinance without first having recorded a plat thereof in accordance with the provisions of this ordinance; or
(b) Which is not within a subdivision as defined in section 32-3 of this ordinance without first having obtained approval by the Department as provided in section 32-3 of this ordinance (see 32-5).
(2) No permit for the construction or erection of any structure or sign shall be issued for construction on any lot, piece, or parcel of land which is not part of a recorded subdivision plat, or has not been approved by the Department in accordance with the provisions of section 32-3 of this ordinance (see 32-5).
(Ord. No. G-3588, § 2)