Exhibit B

EXHIBIT B  
PROPOSED ZONING CODE TEXT AMENDMENTS 
CHAPTER 155: SUBDIVISIONS 
Below are the proposed changes to § 155.001, § 155.002, § 155.003, § 155.004, § 
155.005, § 155.030, § 155.031, § 155.032, § 155.050, § 155.051, § 155.052, § 155.053, 
§ 155.054, § 155.055, § 155.056, § 155.057, § 155.058, § 155.080, § 155.081, § 
155.082, § 155.083, § 155.084, § 155.100, § 155.101, § 155.102, § 155.103, § 155.104, 
§ 155.105, § 155.999, Appendix A of the Zoning Code. 
GENERAL PROVISION 
 
§ 155.001 TITLE. 
   These regulations shall hereafter be known, cited and referred to as the El Mirage 
Subdivision Regulations except as referred to herein, where it shall be known as “this 
chapter.” 
(Prior Code, § 15-1-1) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.002 POLICY. 
   (A)   It is hereby declared to be the policy of the city to consider the subdivision of land 
and the subsequent development of the subdivided plat as subject to the control of the 
city pursuant to the City of El Mirage General Plan and Zoning Ordinance (Chapter 
154 of this code) for the orderly, planned, efficient, and economical development of the 
city. 
   (B)   Land to be subdivided shall be of the character that it can be used safely for 
building purposes without danger to health or peril from fire, flood, or other menace, and 
land shall not be subdivided until available public facilities and improvements exist and 
proper provision has been made for drainage, water, sewerage, and capital 
improvements such as schools, parks, recreation facilities, transportation facilities, and 
other public improvements. 
(Prior Code, § 15-1-2) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.003 PURPOSE. 
   The purpose of this chapter is that of assuring sites suitable for building purposes and 
human habitation, of providing for the harmonious development of the city of providing 
adequate open spaces for traffic, recreation, light and air, of providing proper distribution

of population and of creating conditions favorable to the health, safety, and general 
welfare of the residents of El Mirage. 
(Prior Code, § 15-1-3) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.004 AUTHORITY; JURISDICTION. 
   (A)   Authorization for the city to adopt subdivision regulations is given in A.R.S. § 9-
463.01, 1977 compilation, Municipal Subdivision Regulations. 
   (B)   Platting jurisdiction for the city shall encompass all the territory within the 
incorporated limits of the city which may be from time to time amended through 
annexation. 
(Prior Code, § 15-1-4) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.005 DEFINITIONS. 
   (A)   Construction of terms; usage. 
      (1)   For the purpose of these regulations, certain numbers, abbreviations, terms, 
and words used herein shall be used, interpreted, and defined as set forth in this 
section. 
      (2)   Unless the context clearly indicates to the contrary, words used in the present 
tense include the future tense; words used in the plural number include the singular; the 
word HEREIN means in. 
      (3)   A PERSON includes a corporation, a partnership, and an incorporated 
association of persons such as a club; SHALL is always mandatory; 
a BUILDING includes a structure; a BUILDING or STRUCTURE includes any part 
thereof; USED or OCCUPIED as applied to any land or building shall be construed to 
include the words “intended, arranged, or designed to be used or occupied.” 
      (4)   Except as specifically defined herein or, if not defined herein but defined in the 
Zoning Ordinance (Chapter 154 of this code), all words in this chapter shall have their 
customary dictionary definition. 
(Prior Code, § 15-2-1) 
   (B)   Definitions. For the purpose of this chapter, the following definitions shall apply 
unless the context clearly indicates or requires a different meaning. 
      ALLEY. A public or private right-of-way primarily designed to serve as secondary 
access to the side or rear of those properties whose principal frontage is on some other 
street.

APPLICANT. The owner of land proposed to be subdivided, or his or her 
representative. 
      BLOCK. A tract of land or group of lots bounded by streets, or by a combination of 
streets and public parks, cemeteries, streams, railroad rights-of-way, or boundary lines 
of the municipality. 
      BOND. Any form of security including a cash deposit, surety bond, collateral, 
property, or instrument of credit in an amount and form satisfactory to the City Council 
      BUILDING. Any structure having a roof and used or built for the shelter or enclosure 
of persons, animals, chattels, or property of any kind, Including, but not limited to, tents, 
awnings, carports, ramadas, mobile homes, or vehicles situated on private property and 
used for the purpose of a building. 
      CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future 
municipal improvement projects listed in order of construction priority together with cost 
estimates and the anticipated means of financing each project. 
      COMMISSION. The Planning and Zoning Commission of the city. Also referred to 
as PLANNING AND ZONING COMMISSION or PLANNING COMMISSION. 
      CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat 
and showing the specific location and design of improvements to be installed in the 
subdivision in accordance with the requirements of the city as a condition of the 
approval of the plat. 
      COUNCIL. The CITY COUNCIL of the City of El Mirage. Also referred to as 
the GOVERNING BODY. 
      CUL-DE-SAC. A local street with only one outlet and having an appropriate 
terminus for the safe and convenient reversal of traffic movement. 
      DEVELOPER. The owner of land proposed to be subdivided, or his or her 
representative. 
      EASEMENT. A right granted to a governmental body, public, or persons over 
privately-owned land for specific uses and purposes as so designated. 
      ENGINEER, CITY. The PROFESSIONAL ENGINEER engaged by the city. 
      ESCROW. A deposit of cash with the local government in lieu of an amount required 
and still in force on a performance or maintenance bond. 
      FINAL PLAT. The map or plan or a record of a subdivision and any accompanying 
material, as described in these regulations.

FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded 
as the front of the lot, but it shall not be considered what would be the side of a corner 
lot. 
      GENERAL PLAN. A General Plan or comprehensive plan, or parts thereof, provides 
guidance for the future development goals, growth and improvement; it provides policies 
statements to achieve those goals of the City of El Mirage. It provides long range plans 
for zoning districts and 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 
pursuant to ARS Section 9-461. 
       GRADE. The slope of a road, street, land, or any other entity is specified in 
percentage terms. 
      LOT. A piece, parcel, plot, tract, or area of land separated from other pieces, 
parcels, plots, tracts, or areas by description, as in 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. 
      LOT IMPROVEMENT. Any building, structure, place, work of art, or other object, or 
improvement of the land on which they are situated constituting a physical betterment of 
real property. 
      MODEL HOME. A dwelling unit used initially for display purposes which typifies the 
units that will be constructed in a subdivision. 
       MUNICIPALITY. The City of El Mirage, as incorporated by state law. 
       NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than 
residential, such as commercial or industrial. 
      OFF-SITE. Any premises not located within the area of the property to be 
subdivided, whether or not in the same ownership of the applicant for subdivision 
approval. 
      ORDINANCE. Any legislative action, however denominated, of a local government 
which has the force of law, including any amendment or repeal of any ordinance. 
      OWNER. Any person, group of persons, firm or firms, corporation or corporations, or 
any other legal entity having legal title to or sufficient proprietary interest in the land 
sought to be subdivided under these regulations. 
      PERIMETER STREET. Any existing street to which the parcel of land to be 
subdivided abuts on only one side.

PLANNING DIRECTOR. The individual charged by the governing body to 
administer this chapter. 
      PLAT. A map, chart, survey, plan, or replat certified by a licensed, registered land 
surveyor containing a description of the subdivided land with ties to permanent 
monuments. 
      PRELIMINARY PLAT. The preliminary drawing or drawings, described in this 
chapter, indicating the proposed manner of layout of the subdivision. 
      PROTECTIVE COVENANT. The term PROTECTIVE COVENANT shall mean a 
restriction on the use of private property within a subdivision for the purpose of providing 
mutual protection against undesirable aspects of development. PROTECTIVE 
COVENANTS regulating the use of land represent an express agreement between the 
subdivider and the lot purchasers. Also referred to as COVENANTS, CONDITIONS 
AND RESTRICTIONS or CCRs. 
      PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, 
pedestrian way, trees, lawn, off-street parking area, lot of improvement, or other facility 
for which the city may ultimately assume the responsibility for maintenance and 
operation, or which may affect an improvement where the responsibility rests with the 
city. 
      REGISTERED ARCHITECT. An architect registered in the State of Arizona. 
      REGISTERED ENGINEER. An engineer registered in the State of Arizona. 
      RESUBDIVISION. A change in a map of an approved or recorded subdivision plat, if 
the change affects any street layout on the map or area reserved thereon for public use, 
or any lot line; or if it affects any map or plan legally recorded prior to the adoption of 
any regulations controlling subdivisions. 
      RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, 
crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, 
sanitary or storm sewer main, trees, or for another special use. 
      ROADWAY. That portion of a street right-of-way intended for driving or parking. 
      SALE or LEASE. Any immediate or future transfer of ownership, or any possessory 
interest in land, including contract of sale, lease, intestate succession, or transfer of an 
interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, 
plat, map, lease, intestate succession, or other written instrument. 
      SKETCH PLAT. A sketch preparatory to the preparation of the preliminary plat (or 
final plat when deemed appropriate) to enable the subdivider to save time and expense

in reaching general agreement with the Planning and Zoning Commission as to the form 
of the plat and the objectives of these regulations. 
      STREET. Any thoroughfare, avenue, boulevard, road, lane, parkway, place, viaduct, 
easement for access, or other way that 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. 
STREETS are classified by function as follows: 
         (a)   LOCAL STREET. A public thoroughfare that provides direct access to 
residential, commercial, industrial, or other abutting land. It provides for local traffic 
movements and connects to collector and/or major streets. 
         (b)   COLLECTOR STREET. A public thoroughfare that provides for traffic 
movement within neighborhoods and between major streets and local streets with direct 
access to abutting property. 
         (c)   PRINCIPAL, MAJOR, and MINOR ARTERIAL STREETS. A general term 
including freeways, expressways, and major or minor arterial streets; and interstate, 
state, or county highways having regional continuity. These streets are designed to 
carry large amounts of traffic across or through the city and designated as such by the 
General Plan. 
         (d)   SERVICE STREET. 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.  Also called FRONTAGE ROAD, MARGINAL ACCESS 
STREET. 
      STREET, DEAD-END. A STREET or portion of a street with only one vehicular-
traffic outlet. 
      SUBDIVIDE. The act of dividing land into two or more parts by platting, or by metes 
and bounds description, into tracts of less than 36 acres in any one calendar year, for 
the purpose of: 
         (a)   Sale for building purposes; 
         (b)   Laying out a municipality or any part thereof; 
         (c)   Adding to a municipality; 
         (d)   Laying out suburban lots; or

(e)   Resubdivision. 
      SUBDIVIDER. Any person who: 
         (a)   Having an interest in land, causes it, directly or indirectly, to be divided into a 
subdivision; or 
         (b)   Directly or indirectly, sells, leases, or develops, or offers to sell, lease, or 
develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, 
or plat in a subdivision; or 
         (c)   Engaging directly or through an agent in the business of selling, leasing, 
developing, or offering for sale, lease, or development a subdivision or any interest, lot, 
parcel site, or plat in a subdivision; and 
         (d)   Is directly or indirectly controlled by, or under direct, or indirect common 
control with any of the foregoing. 
      SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be 
divided into four or more lots, parcels, sites, units, plots, or interests 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 two or more parts, for the purpose of offer, sale, lease, or 
development, either on the installment plan or upon any and all other plans, terms, and 
conditions, (including resubdivisions). SUBDIVISION includes the division or 
development of residential and nonresidential zoned land, whether by deed, metes and 
bounds description, devise, intestacy, lease, map, plat, or other recorded 
instrument. SUBDIVISION also includes any condominium, cooperative, community 
apartment, townhouse or similar project containing four or more parcels, in which an 
undivided interest in the land is coupled with the right of exclusive occupancy of any unit 
located thereon, but plats of the projects need not show the buildings or manner in 
which the buildings or airspace above the property shown on the plat are to be divided. 
      SUBDIVISION AGENT. Any person who represents or acts for or on behalf of a 
subdivider. 
      SUBDIVISION PLAT. The final map or drawings, described herein, on which the 
subdivider’s plan of subdivision is presented to the Development Services Department 
for approval and which, if approved, may be submitted to the County Recorder for filing. 
      TEMPORARY IMPROVEMENT.  IMPROVEMENTS built and maintained by a 
subdivider during construction of the subdivision and prior to release of the performance 
bond.

TRACT. (1) A parcel of land or area of land appropriate for subdivision, or (2) a 
parcel of land included within a subdivision for a specified purpose other than that 
proposed for the lots in the subdivision. 
      UTILITIES.  UTILITIES means installations or facilities, underground or overhead, 
furnishing of the use of the public: electricity, gas, steam, communication, 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 may also refer to the persons, firms, corporations, 
departments, or boards as tense requires. 
      VACATION, PUBLIC LAND. An official action taken by the governing body to give 
up public ownership of previously owned public land, including streets, parks or 
easements. 
      ZONING. The word ZONING shall mean the regulation by districts of the height, 
area, and use of buildings; use of land and density of population. 
(Prior Code, § 15-2-2) (Ord. O88-06-007, passed 10-13-1988) 
PLATTING PROCEDURES AND REQUIREMENTS 
§ 155.030 PRE-APPLICATION; CONTACT; INITIAL PLAT. 
   (A)   Prior to the submission of a preliminary plat as required by this chapter, the 
subdivider shall contact the Development Services Director and any other administrative 
personnel or private agencies to determine: 
         (1)   Procedures and requirements for filing the initial plat, preliminary, and final 
plats. 
         (2)   Availability of public water and sewer or requirements when public systems 
are not readily available. 
         (3)   Zoning requirements on the property. 
         (4)   Requirements of the duly adopted General Plan for major and minor streets, 
land use, drainage, schools, parks, and other public open space. 
         (5)   The location and extent of any floodplains. 
   (B)   As a part of this procedure, the subdivider may discuss with the Development 
Services Director his or her tentative proposals for the development of the property. 
   (C)   The subdivider shall submit, and the Development Director Department shall 
review and comment on, a initial plat prior to the preparation of a preliminary plat. The 
Development Services Director shall review and provide comments at a scheduled pre-

application meeting. The initial plat shall contain or show two-foot contours and shall 
address the requirements of division (A)(1) to (5) above.  
   (D)   The purpose of this pre-application procedure is to determine any problems with 
the proposed development before expenses are incurred in the preparation of a 
preliminary plat. No official action is required other than to offer appropriate comments 
on the proposal and indicating suitability for proceeding through the platting process. 
(Prior Code, § 15-3-1) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.031 PRELIMINARY PLAT; REQUIREMENTS AND REVIEW. 
   (A)   Submittal requirements. Copies of the preliminary plat, the number to be 
determined by the Senior Planner, shall be submitted to the Development Services 
Director. The preliminary plat shall consist of a drawing or drawings and supporting 
material and information a prescribed by these regulations 
      (1)   Preliminary plat. The preliminary plat drawing shall be prepared at a scale of 
one inch equals 100 feet or larger for subdivisions where the majority of the lots are less 
than five acres in size. The scale may be reduced to one inch equals 200 feet for 
subdivisions in which the minimum lot size is five acres or more. The face of the drawing 
shall contain the following information: 
         (a)   The name of the subdivision. The name shall not duplicate or too closely 
resemble the name of any subdivision previously filed in the city. 
         (b)   Date of preparation, scale, and north arrow. The top of each sheet shall 
represent north wherever possible. 
         (c)   A vicinity map drawn at a scale of one inch equals 1,000 feet or one inch 
equals 2,000 feet, showing the location of the proposed subdivision in the city and its 
relationship to surrounding development. 
         (d)   The names, addresses, and phone numbers of the developer or subdivider, 
and the individual or firm responsible for the preparation of the preliminary plat. 
         (e)   A legal description of the subdivision boundary. 
         (f)   The boundary lines of the subdivision in a heavy, solid line and referenced to 
section or quarter section lines. 
         (g)   A description of all monuments, both found and set, which mark the boundary 
of the subdivision, and a description of all control monuments used in the survey. 
         (h)   Existing contours at a maximum interval of one foot unless waived by the 
Development Services Director.

(i)   General location and extent of any significant natural features such as 
streams, or drainage ways. 
         (j)   Floodplains as delineated on maps available from the Maricopa County Flood 
Control District Office. 
         (k)   Location, dimensions, and names of existing roads, streets, alleys, railroad 
rights-of-way and structures withing 200 feet immediately adjacent to the property 
showing how they relate to the proposed subdivision layout. 
         (l)   Location, size, and grades of existing sanitary and storm sewers and location 
and size of water mains, gas lines, pipelines, or other underground utilities or 
installations within the proposed subdivision and within 200 feet immediately adjacent 
thereto. 
         (m)   Location and dimensions of all easements of record. 
         (n)   Existing zoning and land use of the proposed subdivision and immediately 
adjacent areas. 
         (o)   Location and width of proposed streets, alleys, pedestrian ways and 
easements, with proposed names for streets. 
         (p)   Layout, numbers, and approximate dimensions of proposed lots and blocks. 
         (q)   Location of proposed fire hydrants, light standards, stop signs, traffic signals, 
and cluster box unit. 
         (r)   Location, dimension and size in acres of all sites proposed to be used for 
commercial, industrial, multi-family residential, public or quasi-public use, with the use 
noted. 
         (s)   A summary of the total number of acres, number of lots, acreage of 
commercial or industrial areas, acreage of open space, amount of land in rights-of-way 
and other descriptive material useful in reviewing the proposed subdivision. 
      (2) (1)   Supporting material. The following information and material shall be a part 
of any preliminary plat submittal and shall accompany the preliminary plat drawing:  
         (a)   Payment of the total amount of the preliminary plat fee. 
         (b)   A statement explaining the proposed design and function of the water, 
sewage, paving, sidewalk, stormwater collection and retention systems, including 
preliminary drainage calculations and storm drainage systems, their compatibility with 
existing systems and the timing and/or phasing of installation. Approximate size and 
location of the above may be required on the plat, as determined by the City Engineer.

(c)   A statement describing the development and maintenance responsibility for 
any private streets, ways, or open spaces. 
         (d)   The recommendations of a qualified professional engineer regarding soil 
suitability, erosion control, sedimentation and flooding problems. 
         (e)   A description of the phasing and scheduling of phase for the development, if 
the final plat is to be submitted in separate phases. 
         (f)   A petition for annexation to the city and if the and to be subdivided is 
contiguous to, and outside, either by itself or a s a part of a larger tract, the boundaries 
of the city. 
         (g)   An application for appropriate zoning for the subdivided area if the area is to 
be annexed or if the existing zoning district does not allow the type of use proposed. 
         (h)   The names and addresses of all owner of subdivided lots and unplatted land 
contiguous to or within 200 feet of the boundary of the proposed subdivision. 
(i) 
Letters of certification and/or signed copies of the proposed preliminary plat 
from appropriate agencies and utility companies approving the proposed 
preliminary plat and confirming availability of services. 
(j)       Certificate of approval of the Development Services Director as follows: 
Data on this plat reviewed and approved this            day of                  ,20              , by 
the Development Services Director of El Mirage, Arizona. 
   (B)   Review process. 
   (1)   The Senior Planner will review the preliminary plat, summarize the comments, 
and present the material and recommendations to the Development Services Director 
for its consideration. 
   (2)  Approval of the preliminary plat by the Development Services Director shall be 
effective for one year from the date of approval. The subdivider may apply in writing for, 
and the Development Services Director may, for cause shown, grant up to a six-month 
extension. If a final plat has not been submitted within this specified period on all or a 
portion of the land area included in the preliminary plat, a preliminary plat must again be 
submitted for approval. In a phased development, any land area for which a preliminary 
plat has been approved and for which a final plat has not been submitted within 24 
months from the date of the approval of the preliminary plat shall not be allowed to 
proceed with final platting until a new preliminary plat is submitted and approved. 
(Prior Code, § 15-3-2) (Ord. O88-06-007, passed 10-13-1988)

§ 155.032 FINAL PLAT; REQUIREMENTS AND REVIEW. 
   (A)   Submittal requirements.  
      (1)   Certification of accuracy. After approval of the preliminary plat, a final plat and 
required supporting material (see division (B) below) may be prepared and submitted to 
the Senior Planner. The final plat shall be prepared and certified as to its accuracy by a 
land surveyor registered to do the work in the State of Arizona. The final plat and 
required supporting material shall conform to the design and engineering standards set 
forth in these regulations and to any conditions of approval specified by the Services 
Director during approval of the preliminary plat. 
      (2)   Staged approval. Final platting may be accomplished in stages covering 
reasonable portions of the area of an approved preliminary plat. When this is done, 
each sheet of the final plat shall contain a vicinity map showing the location of the 
portion being submitted in relationship to the area for which the preliminary plat was 
submitted. All final plats so submitted shall be of the same scale, shall have identical 
titles, legends and other information, and shall have match lines so that mosaics of the 
entire subdivision can be developed. Each stage of the subdivision shall be as nearly 
self-sustaining and complete as possible and shall by itself, or in conjunction with the 
previous stages, meet the design standards set forth in these regulations so that if 
development of the entire subdivision is interrupted or discontinued after one or more 
stages is completed, a viable development will result. 
      (3)   Final plat format. The final plat shall be clearly and legibly drawn in black, 
waterproof India ink upon mylar of .003 inch in thickness (minimum). Required affidavits, 
certificates and acknowledgments shall be legibly printed on the plat in opaque ink. The 
sheet size of all final plats shall be 24 inches high by 36 inches wide. Information on the 
plat should be so positioned that a one and one-half-inch margin is on the left hand side 
and a one-half-inch margin is shown on the remaining sides. The final plat shall be 
prepared at a scale of one inch equals 100 feet or larger, or at a scale of one inch 
equals 200 feet for subdivisions in which the minimum lot size is five acres or more. 
Each sheet of the final plat shall be numbered and the total number of sheets 
comprising the plat shall be stated on each sheet (for example: Sheet 2 of 4). The 
relationship of one sheet to the other shall be shown by key maps and by match lines. 
      (4)   Final plat materials. The original mylar, (sepia not acceptable), and prints of the 
final plat and copies of all required supporting material shall be submitted to the Senior 
Planner. 
      (5)   Required signatures. The submitted final plat shall contain the notarized 
signatures of the owner or owners of any and all equitable or legal interest in the land of 
whatever nature and the signature of the registered land surveyor.

(6)   Final plat information. All final plats shall include the following information on 
the face of the plat: 
         (a)   The name of the subdivision, centered at the top of each sheet. 
         (b)   General location of the subdivision by section, township, range, county, and 
state, entered under the name of the subdivision on each sheet. 
         (c)   North arrow, date, and scale on each sheet. 
         (d)   Boundary lines of the subdivision in a heavy solid line on each sheet. 
         (e)   Legal description of the subdivision boundary based on an accurate traverse, 
giving bearing and linear dimensions that result in a maximum allowable error of closure 
of one part in 10,000. 
         (f)   The location and description of the point of beginning and its proper reference 
to the monumented boundary survey. 
         (g)   Location and description of all monuments, found or set. 
         (h)   Bearings, distances, and curve data of all perimeter boundary lines indicated 
outside of the boundary lines. 
         (i)   Adjoining parcel subdivision names, parcel number and recording information, 
or if not subdivided and/or not recorded, so marked. 
         (j)   On curved boundaries and on all curves within the plat, sufficient data to allow 
the reestablishment of the curves on the ground. 
         (k)   The location and layout of lots, blocks, tracts, streets, alleys, easements, and 
other public grounds within and immediately adjoining the plat, with accurate 
dimensions in feet and one-hundredths of feet, bearings, curve data, length of radii, 
and/or arcs of all curves. 
         (l)   All drainage ways shall be shown on the plat. Dedication of drainage way 
rights-of-way or easements may be required when it is deemed by the city to be in the 
best interest of the city. 
         (m)   All 65, 70, 75, 80, and 85 ldn noise level contours generated by activities 
from Luke Air Force Base. 
         (n)   The names of all streets. 
         (o)   All lots logically and consecutively numbered in the center of the lot with the 
appropriate address for each lot or parcel of ground. 
         (p)   All dimensions shown on irregularly shaped lots, with lot area calculations.

(q)   Parcels completely or partially surrounded by the area being subdivided shall 
be clearly marked “Excepted,” and the common boundary with the subdivision shown in 
a heavy solid line with bearings and distances. 
         (r)   A notation of the total acreage of the subdivision and the total number of lots. 
         (s)   A notarized certificate by all parties having any titled interest in or lien upon 
the land, consenting to the recording of the plat and dedicating public ways, grounds, 
and easements. Dedication shall include a written description 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 right-of-way. 
         (t)   In cases involving vacation of public or private streets or public ways, 
easements or grounds, a notarized certificate of all parties having any titled interest in, 
or lien upon, the land or other pertinent interest, consenting to the vacation shall be 
provided. 
         (u)   A notarized certificate of a registered land surveyor, registered under the laws 
of Arizona, stating that the plat is true, accurate, and complete and that the described 
monuments have been found or set as described. 
         (v)   Certificate of approval of the City Engineer as follows: 
Data on this plat reviewed and approved this               day of                   , 20   , by the 
City Engineer of El Mirage, Arizona. 
                                                     
City Engineer 
         (w)   Certificate of compliance with the preliminary plat as approved by the 
Development Services Director as follows: 
This plat is in full compliance with the original preliminary plat approved by the City of El 
Mirage Development Services Director on the                day of                     , 20    . The 
final plat reviewed and approved this             day of                        , 20. 
                                                                            
Development Services Director 
                                                                               
      (7)   Final plat fee. The final plat shall be accompanied by the total amount of the 
final plat fee. 
   (B)   Required final plat supporting material. The required final plat supporting material 
submittal shall consist of the final plat and all information as follows:

(1)   Drainage collection and retention plan and report. 
         (a)   A drainage plan and report for the site in question and all pertinent off-site 
areas shall be prepared by a registered engineer. The report shall examine 100-year 
storm flows (Q 100's), the 100-year high-water mark of any river, creek, arroyo, gully, 
diversion ditch, spillway, reservoir, etc., that may in any way affect the project area, 
along with the depth of flow for 100-year runoff. The watershed in all off-site areas shall 
be considered fully developed. Intensities shall be for this area’s one-hour, 100-year 
storm based upon two and one-half inches per hour. A certificate shall be provided, 
signed, and sealed by a registered professional engineer that all drainage facilities, 
utilizing gutters and streets, are designed and sized to handle 100% of the Q 100 run-
off. 
         (b)   Every effort shall be made to utilize the natural slope of the land for the storm 
water collection system. Subsurface drainage systems shall be discouraged, but where 
necessary shall be a minimum of 18 inches in diameter. Wherever possible, run-off shall 
be collected in depressed open areas throughout the proposed land development 
project. The plan shall include but not be limited to the following: 
            1.   Method of collection (surface and/or subsurface.) 
            2.   Depth, side slopes, and area of retention. 
            3.   Calculations of volume held and required. 
            4.   High water elevation. 
            5.   Method of disposal of water within 36 hours. 
            6.   Any other data to form a complete plan. 
         (c)   The point or points in which natural drainage flows from a property prior to 
development shall remain the same after the property has been altered for the 
development. 
      (2)   Soils report. A soils report for the site in question and pertinent off-site areas 
shall be prepared by a registered engineer. The report shall indicate the type and 
location of soils, using the unified soil classification system, shall contain drill logs and 
swell consolidation curves, and shall contain a discussion of any present or potential 
hazards, associated with soils on the site along with measures which could be taken to 
mitigate the hazards. In addition the soils report shall contain recommendations on 
subsurface area drains and peripheral drains, foundation design, erosion control 
measures and surface drainage. 
      (3)   Grading, drainage, and development plan.

(a)   A grading, drainage, and development shall be prepared by a registered 
engineer at a scale of one inch equals 100 feet or larger, showing proposed rights-of-
way, easements, walkways, parks, common areas, roadways, waterlines and reservoirs, 
sewer lines, manholes and treatment facilities, curbs and gutters, culverts, drains, storm 
water detention and retention basins, swales, ditches and other drainage devices, spot 
top of curb elevations, high and low street points, drainage arrows, street plans, all 
drainage areas and acreages, all 100-year storm flow (Q 100's) adjacent to and/or 
flowing onto the development and on-site at each surface flow junction, storm water 
pick-up and take-off points designed to handle 100-year flow on the surface, cross 
sections and high water elevations for all 100-year flows. Spot elevations shall be given 
for all inverts, low points and flowing entry and exit points. 
         (b)   All minimum building setbacks shall be shown. No 100-year flow line shall 
encroach upon any minimum setback line and all lowest habitable floor elevations shall 
be, at a minimum, one foot above the 100-year flood elevation. 
      (4)   Construction plans and details. Construction plans and details must be 
prepared by a registered professional engineer in the State of Arizona and shall provide 
for all improvements indicated on the grading, drainage, and development plan, 
including right-of-way and easement cross-sections showing construction and 
placement of streets, walks, curbs, gutters, medians, lighting standards, swales, 
ditches, utilities, planting strips and property lines; details of hydrants, valves, manholes, 
pipe junctions, pumps, thrust-blocking, catch basins, etc.; street profiles showing natural 
and finish grades, center line and both curbs, with a minimum vertical scale of one inch 
equals two feet and a horizontal scale of one inch equals 20 feet; sanitary sewer line 
and manhole profiles with natural and finish grades, showing area underdrains, if 
applicable, and the location of gravity outfall lines; storm drainage system profiles 
showing natural and finish grade; erosion control and revegetation details and other 
details as necessary to adequately convey the design intent. Quantity take-offs shall 
also be provided. 
      (5)    Deeds. When required by the city, a warranty deed or other acceptable 
instrument conveying to the city or other appropriate or other appropriate agency any 
public lands other than streets, alleys, or easements shown on the final plat and title 
insurance, if required by the city on the subject parcel, shall be presented to the city 
upon approval of the final plat. The method of assurance will be approved by the City 
Attorney. 
      (6)   Title opinion. Evidence satisfactory to the city must be submitted showing all 
taxes and assessments due on the property to be subdivided to be paid in full, showing 
title or control of the property to be subdivided, and showing the property to be 
subdivided as fee and clear of any liens. An attorney’s title opinion or ownership and

encumbrance report from a land title company shall be considered satisfactory 
evidence. 
      (7)   Floodplain. If a subdivision lies within a 100-year floodplain, the following 
statement shall appear on the face of the final plat and all contracts and agreements 
relating to the subdivision: “THIS SUBDIVISION IS (OR THE FOLLOWING LOTS ARE) 
LOCATED IN THE ONE HUNDRED-YEAR FLOODPLAIN AS DEFINED BY THE 
UNITED STATES FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA).” 
      (8)   Financial guarantee. A contractor’s performance bond or other financial 
guarantee acceptable to the city to guarantee the complete and timely development of 
any facilities or improvements which are the subdivider’s responsibility shall be 
submitted as described in § 155.080 below. 
      (9)   Letters of utility approval. Letters of certification and/or signed copies of the 
proposed final plat from appropriate agencies and utility companies approving the final 
plat. 
      (10)   Covenants, conditions, and restrictions. Any covenants, conditions, 
restrictions (CCRs) for the subdivision shall be submitted for review to assure that the 
CCRs do not conflict with any city regulations. 
   (C)   Review process. 
      (1)   Development Services Director review. After receipt of the final plat, the 
Development Services Director shall review the submittal for completeness and, if 
applicable, for compliance with the approved preliminary plat. The Development 
Services Director shall refer copies of the final plat to seek comment from other officials 
and agencies.  
      (2)   Staff review of supporting information. Upon submittal of all required supporting 
materials, the Development Services Director shall review them for completeness to 
determine whether a complete final plat submittal has been made and shall refer the 
material to appropriate agencies for review and comment. Upon being notified of the 
comments and any necessary approvals of reviewing agencies, the Development 
Services Director shall approve the final plat. 
     (3)  Filing with County Recorder. Upon approval by the City Council Development 
Services Director of the final plat, the subdivider shall be notified to submit payment for 
the recording fee to the Development Services Department who shall transmit the 
subdivider’s recording fee and the duly approved and executed final plat to the County 
Recorder for the filing of the final plat among the official records of the county. 
     (4)  Alternate approval procedure. As an alternate procedure and at the request of 
the subdivider, the Development Services Director may withhold the approved final plat

from recording for a period of time to allow the subdivider to install all of the required 
public improvements according to the plans and specifications approved by the City 
Engineer. This procedure, when approved by the Development Services Director, shall 
be in lieu of the guarantees for installation of improvements as set forth in division (B)(8) 
above. An executed standard contract as approved by the City Attorney regarding 
installation of improvements shall be submitted with the final plat. The contract shall 
require that all improvements be completed no later than 12 months from the date of the 
final plat was approved by the Development Services Director and that no lot may be 
sold. When the completed improvements are inspected and approved by the City 
Engineer, the plat shall be recorded by the Development Services Director, and the sale 
of lots may then proceed according to the approved and recorded plat, provided that a 
one-year warranty shall be submitted covering the completed improvements. 
   (D)   Simultaneous submittal of preliminary and final plats. For certain subdivisions, 
the subdivider may, after discussion with the Development Services Director, 
simultaneously submit both the preliminary plat and the final plat. Depending on the size 
and complexity of the subdivision and the amount of street dedication, any or all of the 
information required in the preliminary and final plat processes may be submitted. The 
Development Services Director shall determine which information must be submitted for 
adequate review of the subdivision. The preliminary and final plats may then be 
processed concurrently. It is possible for the preliminary and final plats to be one and 
the same instrument. 
   (E)   Corrected plats and subdivisions. 
      (1)   If, after the approval and recording of a final plat, errors are found in the 
language or numbers on the recorded plat, the subdivider shall file a properly signed, 
corrected, or revised original mylar with the Development Services Director. The plat 
shall be noted “Corrected Plat” under the name of the subdivision. Notations shall be 
made on the face of the plat listing all corrections made and the book and page 
numbers where the original plat was recorded. The director shall review the plat for 
corrections and approve for the reaffirmation of their approval and the County Clerk for 
recording. The recoding of the corrected plat shall void the incorrect original plat, and 
the County Clerk shall note “Void” across the face of the incorrect plat. 
      (2)   If, after the approval and recording of the final plat, a subdivider wishes to 
modify the location of lot lines on part or all of the recorded plat, and if there is no 
change in the location or size of dedicated streets or other dedicated public land, the 
subdivider shall submit a new final plat drawing with the lotting arrangement revised. 
The Development Services Director shall determine which of the required supporting 
materials shall be resubmitted with the revised final plat. The plat shall be marked the

“Resubdivision of                                        ” under the name of the subdivision and shall 
be processed as a final plat. 
      (3)   If, after the approval and recording of a final plat, a subdivider wishes to change 
the street or public land location, size, or arrangement of a part or all of the platted area, 
the resulting subdivision shall be treated as a new submittal with both a preliminary plat 
and a final plat required. Based on the currency of the information submitted with the 
original plat and the magnitude of the change(s), the procedure described in division (D) 
may be applied. the subdivision shall be identified as the “Resubdivision 
of                              ”. Any action of the Development Services Director approving the 
resubdivision shall contain clear reference to the vacation of public lands as 
appropriate. 
   (F)   Variances from these regulations. 
      (1)   When it can be shown that in the case of a particular subdivision, strict 
compliance with the provisions of these regulations would cause undue hardship, the 
City Council may authorize a variance to these regulations provided that the general 
intent of these regulations are preserved, that public interest is protected, and that the 
variances do not have the effect of nullifying the intent and purpose of the General Plan 
or the zoning ordinance (Chapter 154 of this code). The granting of a variance shall be 
based upon findings by the Council that: 
         (a)   The subdivider is proceeding in good faith. 
         (b)   There are unusual topographical or other special circumstances associated 
with the property which are not the result of any action of the subdivider and which 
prohibit the use of the property in a manner similar to the use of adjacent or nearby 
properties. 
         (c)   The variance is necessary for reasonable development of the property in 
question and will alleviate a clearly demonstrable hardship. 
         (d)   The variance will not nullify the intent or purpose of these regulations. 
         (e)   Granting the variance will not be detrimental to the general public health, 
safety, and welfare. 
      (2)   Any variance granted shall constitute the minimum adjustment necessary to 
alleviate the hardship. 
      (3)   A request for variance may be submitted only after the Development Services 
Director has formally reviewed the preliminary plat and has either: 
         (a)   Recommended disapproval because the plat does not conform to these 
regulations; or

(b)   Conditionally approved the plat specifying those amendments which must 
appear on the final plat in order for it to be approved. The subdivider may then seek 
relief from the specific provisions of these regulations with which he or she cannot 
comply. 
      (4)   All requests for variances shall be submitted in writing to the Development 
Services Department for their comments and recommendations. The Development 
Services Director shall make a recommendation, which shall be submitted to the City 
Council for their approval, denial, or modification. In granting a variance, compliance 
with the intent of the objectives and standards of these regulations shall be maintained. 
The findings and action on each variance and any conditions imposed shall be recorded 
in the minutes of the Council and a copy thereof provided to the Planning Development 
Services Director. 
      (5)   If the subdivision variance is granted by the City Council, the subdivider may 
incorporate the provisions of the variance into the final plat to be submitted to the 
Development Services Director for approval. In its review of the final plat, the 
Development Services Director shall be bound by the decision of the Council regarding 
the variance and shall review and approve the final plat with the variance if the plat in all 
other respects conforms to the preliminary plat and any other conditions imposed by the 
Council. 
   (G)   Vacating of an Approved Plat. 
      (1)   Any plat may be vacated by the owners or proprietors thereof at any time 
before sale of any lots, or before any substantial improvements have been made in the 
subdivision, by submitting a copy of the plat to the City Council along with a written 
request for a vacation. In cases where lots have been sold, the written request shall be 
by all of the owners of lots within the plat. The Development Services Director shall 
make a recommendation on the vacation to the City Council, and the Council shall 
approve or disapprove the vacation. The recording of an instrument vacating the plat 
shall operate to destroy the force and effect of the recording of the original plat and to 
divest all public rights in the streets, alleys, common and public grounds laid out or 
described in the plat. 
      (2)   Streets and alleys platted and laid out under the provisions of these regulations 
or laid out under any prior law of the State of Arizona may be altered or vacated in the 
manner provided by law for the alteration or discontinuance of streets and highways. 
      (3)   Any part of a plat may be vacated under the provision and subject to the 
conditions of division (A)(6) above and this division (G), provided the vacating does not 
abridge or destroy any of the rights and privileges of other proprietors in the plat and 
provided further that nothing contained in this section shall authorize the closing or

obstruction of any public highways laid out according to law. The request for vacation 
shall be made by all of the owner of lots within that portion of the overall plat sought to 
be vacated. 
      (4)   When any part of a plat shall be vacated as aforesaid, streets, alleys, and other 
public grounds shall be assigned to all lots or parcels adjacent to the public area being 
vacated in equal proportions. 
      (5)   The County Clerk shall write in plain, legible letters across that part of the plat 
so vacated, the word “vacated” and also make a reference on it to the volume and page 
in which the instrument of vacation is recorded. 
      (6)   Land covered by a vacated plat may be replatted as described by these 
regulations. Any replatting of an area already platted and not vacated shall be construed 
to be a request for the vacation of the original plat or portion thereof. Any such plat, 
once approved and recorded, shall act to vacate the original plat which it replaces. 
(H) Dedication of Streets, alleyways, easements, and other land.  
(1) A final plat that purports to dedicate streets, alleyways, easements, or other 
land to the City or public shall be submitted to the City Council for acceptance of any 
such dedication. 
(Prior Code, § 15-3-3) (Ord. O88-06-007, passed 10-13-1988) 
DESIGN STANDARDS 
The design standards set forth in Sections § 155.051 through § 155.057 are further 
expanded within the City’s Design and Development Standards Manual (DDSM). 
§ 155.050 GENERAL IMPROVEMENTS. 
   (A)   Generally. All subdivision improvements shall be in conformance to the following 
rules and regulations: 
      (1)   The city zoning ordinance (Chapter 154 of this code); 
      (2)   The General Plan of the city including all streets, drainage systems, and parks 
shown on the General Plan as adopted; 
      (3)   The rules of the Arizona Department of Transportation if the subdivision or any 
lot contained therein abuts a state highway or connecting street; 
      (4)   The rules of the Maricopa County Flood Control District; 
      (5)   The rules of the Arizona Department of Health Services and the Maricopa 
County Environmental Services Department relative to water and sanitary sewage 
disposal; and

(6)   The design standards and regulations adopted by the city, which shall include, 
but not be limited to, the Uniform Standard Specifications for Public Works 
Construction and the Uniform Standard Details for Public Works Construction, as 
sponsored and distributed by Maricopa Association of Governments. 
      (7)  The City’s Design and Development Standard Manual. 
   (B)   Self-imposed restrictions. If the owner places restrictions on any of the land 
contained in the subdivision greater than those required by the zoning ordinance 
(Chapter 154 of this code) or this chapter, the restrictions or reference thereto may be 
required to be indicated on the subdivision plat, or the Development Services 
Department may require that protective covenants be recorded with the County Clerk. 
   (C)   Monuments. The applicant shall place permanent reference monuments in the 
subdivision as approved by a registered land surveyor and the City Engineer. 
   (D)   Character of the land; land unsuitable for development. Land which the 
Development Services Department finds to be unsuitable for subdivision of 
development because of flooding, improper drainage, rock formations, adverse earth 
formations or topography, utility easements, or other features which will reasonably be 
harmful to the safety, health, and general welfare of the present or future inhabitants of 
the subdivision and/or its surrounding areas, shall not be subdivided or developed 
unless adequate methods are formulated by the developer and approved by the 
Development Services Department, upon recommendation of the City Engineer, to 
solve the problems created by the unsuitable land conditions. The land shall be set 
aside for uses that shall not involve such a danger. 
   (E)   Subdivision name. The proposed name of the subdivision shall not duplicate, or 
too closely approximate phonetically, the name of any other subdivision in the area 
covered by this chapter. The Development Services Department shall have the final 
authority to designate the name of the subdivision which shall be determined at sketch 
or preliminary plat approval. 
(Prior Code, § 15-4-1) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.051 LOT IMPROVEMENTS. 
See Chapter 1, Section C of the DDSM for lot improvement standards. 
  (A)  Soil preservation, grading, and seeding. 
      (1)   Soil preservation and final grading. No certificate of occupancy shall be issued 
until final grading has been completed in accordance with the approved final subdivision 
plat.

(2)   Lot drainage. Lots shall be laid out so as to provide positive drainage away 
from all buildings and individual lot drainage shall be coordinated with the general storm 
drainage pattern for the area. Drainage shall be designed so as to avoid concentration 
of storm drainage water from each lot onto adjacent lots. 
   (B)  Debris and waste. No cut trees, debris, rocks, rubbish, or other waste materials of 
any kind shall be buried in any land, or left or deposited on any lot or street at the time 
of the issuance of a certificate of occupancy. 
   (C)   Fencing and screen walls. Each subdivider and/or developer shall be required to 
furnish and install fences and/or screen walls wherever the City Council determines that 
a hazardous condition may exist. The fences shall be constructed according to 
standards established by the zoning ordinance (Chapter 154 of this code) and shall be 
noted as to height and material on the final plat. No certificate of occupancy shall be 
issued until the fence improvements have been duly installed. 
   (D)  Performance bond to include lot improvement. 
      (1)   The performance bond or other financial guarantee shall include an amount to 
guarantee completion of all requirements contained in this section, including but not 
limited to, soil preservation, final grading, lot drainage, removal of debris and waste, 
fencing, and all other lot improvements required by the City Council. 
      (2)   Whether or not a certificate of occupancy has been issued, at the expiration of 
the performance bond, the city may enforce the provision of the bond where th provision 
of this section or any other applicable law, ordinance, or regulation have not been 
satisfied. 
(Prior Code, § 15-4-2) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.052 STREETS. 
See Chapter 3 of the DDSM for street design and construction standards 
   (A)   General requirements. 
§ 155.053 SIDEWALKS AND CURBS. 
See Chapter 3 of the DDSM for sidewalk and curb standards 
§ 155.054 DRAINAGE; STORM SEWERS; RETENTION BASINS. 
See Chapter 4 of the DDSM for storm drain facilities standards 
     (1)   Accommodation of upstream drainage areas. A culvert, gutter, or other drainage 
facility shall, in each case, be large enough to accommodate potential run-off from its 
entire upstream drainage area, whether inside or outside the subdivision. The

Developer shall determine the necessary size of the facility, based on the provisions of 
the construction standards and specifications assuming conditions of maximum 
potential watershed development permitted by the zoning ordinance (Chapter 154 of 
this code.) 
      (2)  Effect on downstream drainage areas. The Developer shall also study the effect 
of each subdivision on the existing downstream drainage facilities outside the area of 
the subdivision. Local government drainage studies together with the other studies as 
shall be appropriate, shall serve as a guide to needed improvements. Where it is 
anticipated that the additional run-off incident to the development of the subdivision will 
overload an existing downstream drainage facility, the City Engineer may withhold 
approval of the subdivision until provision has been made for the improvement of the 
potential condition in a sum as the City Engineer shall determine. No subdivision shall 
be approved unless adequate drainage will be provided to an adequate drainage will be 
provided to an adequate drainage watercourse or facility. 
      (3)  Areas of poor drainage. Whenever a plat is submitted for an area which is 
subject to flooding, the Development Services Department may approve the subdivision 
provided that the applicant fills the affected area of the subdivision to an elevation 
sufficient to place the elevation of streets and lots at a minimum of 12 inches above the 
elevation of the maximum probable 100-year flood, as determined by the City Engineer. 
The plat of the subdivision shall provide for an overflow zone along the bank of any 
stream or watercourse, of a width which shall be sufficient in times of high water to 
contain or move the water, and no fill shall be placed in the overflow zone nor shall any 
structure be erected or placed therein. The boundaries of the overflow zone shall be 
subject to approval by the City Engineer. 
     (4)  Floodplain areas. The City Engineer may, when it deems it necessary for the 
health, safety, or welfare of the present and future population of the area and necessary 
to the conservation of water, drainage, and the sanitary facilities, prohibit the subdivision 
of any portion of the property which lies within any 100-year floodplain as determined in 
the zoning ordinance (Chapter 154 of this code.) These floodplain areas shall be 
preserved from any and all destruction or damage resulting from clearing, grading, or 
dumping of earth, waste material, or stumps, except at the discretion of the City 
Engineer. 
 
  (B)  Dedication of drainage easements. 
      (1)   General requirements. Where a subdivision is traversed by a watercourse, 
drainage way, channel, or stream, a storm water easement or drainage right-of-way 
shall be provided conforming substantially to the lines of the watercourse, and of the

width and construction, or both as will be adequate for the purpose. Wherever possible 
it is desirable that the drainage be maintained by an open channel with landscaped 
banks and adequate width for maximum potential volume of flow. 
      (2)   Drainage easements. 
         (a)   Where topography or other conditions make impractical the inclusion of 
drainage facilities within road rights-of-way, perpetual, unobstructed easements at least 
15 feet in width for the drainage facilities shall be provided across property outside the 
road lines and with satisfactory access to the road. Easements shall be included on the 
plat. Drainage easements shall be carried from the road to a natural watercourse or to 
other drainage facilities. 
         (b)   When a proposed drainage system will carry water across private land 
outside the subdivision, appropriate drainage rights must be secured and indicated on 
the plat. 
         (c)   The applicant shall dedicate, either in fee or by drainage or conservation 
easement, land on both sides of existing watercourses, to a distance to be determined 
by the City Council. 
         (d)   Low-lying lands along watercourses subject to flooding or overflowing during 
storm periods, whether or not included in areas for dedication, shall be preserved and 
retained in their natural state as drainage ways. 
(Prior Code, § 15-4-5) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.055 WATER FACILITIES. 
See Chapter 5 of the DDSM for water facilities standards. 
§ 155.056 WASTEWATER FACILITIES. 
See Chapter 6 of the DDSM for wastewater facilities standards 
§ 155.057 UTILITIES. 
   (A)   Location. All new utility facilities, including but not limited to gas, telephone, cable 
television and electric power, except electrical lines exceeding 13 kV capacity, shall be 
located underground throughout the subdivision or proposed development or 
redevelopment project. All existing overhead utility facilities shall be placed underground 
per § 152.030. All utility facilities shall be located in either the street right-of-way and its 
adjacent easement or in a dedicated alley except, where easements between alleys and 
street rights-of-way are necessary to connect the utilities, as approved by the city. 
Underground service connections to the street property line of each platted lot shall be 
installed at the owner’s or developer’s expense.

(B)   Easements. 
      (1)   Proper coordination shall be established between the subdivider and the 
applicable utility companies for the continuation of utility easements established in 
adjoining properties, when rights-of-way or dedicated alleys are not appropriate. 
      (2)   Where topographical, locational, or other conditions are such as to make 
impractical the inclusion of utilities within rights-of-way or dedicated alleys, perpetual 
unobstructed easements of at least ten feet in width shall be provided. Easements shall 
be indicated on the plat. 
(Prior Code, § 15-4-8) (Ord. O88-06-007, passed 10-13-1988; Res. R22-09-20, passed 
9-8-2022; Ord. O22-09-05, passed 9-8-2022) 
§ 155.058 PUBLIC LAND RESERVATION; PARKS; OPEN SPACES. 
   (A)   Where a proposed park, playground, open space, or other public use shown on 
the General Plan is located in whole or in part in a subdivision, the Commission and City 
Council shall require that the area or areas be shown on plats in accordance with the 
requirements specified in this section. The area or areas shall be reserved to the city by 
the subdivider if the City Council approves the reservation. 
   (B)   The Commission shall require that plats show sites of a character, extent, and 
location suitable for the development of a park, playground, or other stated public 
purposes. 
   (C)   In all new residential subdivisions, the city may require that 7% of the gross area 
be reserved for public recreation space, school sites, or other public use with the 
percentage in addition to property reserved for streets, alleys, easements, or other 
public ways. 
   (D)   The city or other public agency shall enter into an agreement on the method of 
acquiring the reserved land area prior to approval of the final plat. 
(Prior Code, § 15-4-9) (Ord. O88-06-007, passed 10-13-1988) 
COMPLETION; ASSURANCE 
§ 155.080 FINANCIAL GUARANTEES AND IMPROVEMENTS. 
   (A)   Financial guarantees. 
      (1)   The City Council shall require that the applicant provide a financial guarantee 
such as a performance bond, an irrevocable letter of credit, assurance of completion, 
funds in escrow, or other guarantee acceptable to the City Attorney prior to recording 
the final plat in an amount sufficient to secure to the city the satisfactory construction, 
installation, and dedication of the required improvements. The financial guarantee shall

also secure all lot improvements on the individual lots of the subdivision as required in 
this chapter. The amount of the financial guarantee shall be125% of the cost of the 
installation and materials necessary to complete the subdivision, including street lights, 
street name signs, street regulatory signs, and all grading. 
      (2)   (a)   The financial guarantee shall comply with all statutory requirements and 
shall be satisfactory to the City Attorney as to form, sufficiency, and manner of 
execution, as set forth in this chapter. The period within which required improvements 
must be completed shall be specified by the Development Services Department 
approving the final subdivision plat and shall be incorporated in the financial guarantee 
and shall not, in any event, exceed two years from the date of final approval. 
         (b)   The financial guarantee shall be approved by the city as to amount and surety 
and conditions satisfactory to the governing body. The City Council may, upon proof of 
difficulty, grant an extension of the completion date set forth in the guarantee for a 
maximum period of one additional year. 
   (B)   Completion of improvements. As an alternative to requiring a contractor’s 
performance bond, the City Council, at its discretion, may allow the procedures for 
completion of improvements described in § 155.032 (C) (5) above. 
   (C)   Temporary improvement. The applicant shall build and pay for all costs of 
temporary improvements required by the City Council and shall maintain them for the 
period specified by the City Council. Prior to construction of any temporary facility or 
improvement, the developer shall file with the City Engineer a separate, suitable, 
financial guarantee for temporary facilities, which guarantee shall ensure that the 
temporary facilities will be properly constructed, maintained, and removed. 
   (D)   Governmental units. Governmental units to which these financial guarantees and 
contract provisions apply may file in lieu of the contract or financial guarantee a certified 
resolution or ordinance from officers or agencies authorized to act in their behalf, 
agreeing to comply with the provisions of this section. 
   (E)   Failure to complete improvements. For subdivisions for which no financial 
guarantee has been posted, if the improvements are not completed within the period 
specified by the City Council in the resolution approving the plat, subject to § 155.032 
(C)(5) above, the approval shall be deemed to have expired. In those cases where a 
financial guarantee has been posted and required improvements have not been 
installed within the terms of the guarantee, the city may thereupon declare the 
guarantee to be in default, call on the guarantee, and require that all the improvements 
be installed regardless of the extent of the building development at the time the financial 
guarantee is declared to be in default.

(F)   Acceptance of dedication and maintenance. Acceptance of dedication of land for 
streets, public areas, and easements shall be by resolution of the City Council. The 
resolution approving the final plat shall constitute the acceptance, provided a statement 
of dedication is placed on the plat. The approval by the City Council of a subdivision plat 
shall not be deemed to constitute or imply the acceptance of maintenance by the city of 
any street or easement improvements shown on the plat. The City Council may require 
the plat to be endorsed with appropriate notes to this effect. A separate resolution 
accepting improvements and maintenance shall be required following installation of all 
improvements. 
(Prior Code, § 15-5-1) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.081 INSPECTION OF IMPROVEMENTS. 
   (A)   General procedures and fees. The City Council shall provide for inspection of 
required improvements during construction and insure their satisfactory completion. The 
applicant shall pay to the city the inspection fee as established in the most current City 
fee schedule, and the subdivision plat shall not be signed by the Development Services 
Department unless the fee has been paid at the time of approval. If the City Engineer 
finds, upon inspection, that any of the required improvements have not been 
constructed in accordance with the city’s construction standards and specifications, the 
applicant shall be responsible for completing the improvements. Wherever the cost of 
improvements is covered by a performance bond, the applicant and the bonding 
company shall be severally and jointly liable for completing the improvements according 
to the specifications. 
   (B)   On-site representative. The developer shall designate, in writing, the name of the 
agent who shall be available at all times during its progress and who shall not be 
replaced without a written notice to the City Engineer. The agent will be the developer’s 
representative at the site and shall have the authority to act on the developer’s behalf. 
   (C)   Release or reduction of the financial guarantee. 
      (1)   Certificate of satisfactory completion. The City Council will not accept 
dedication of required improvements, nor release nor reduce any financial guarantee, 
until the City Engineer has submitted a certificate stating that all required improvements 
have been satisfactorily completed and until the applicant’s engineer or surveyor has 
certified to the City Engineer through submission of detailed “as-built” construction plans 
of the subdivision, indicating location, dimensions, materials, and other information 
required by the City Council or City Engineer, that the layout of the line and grade of all 
public improvements is in accordance with the construction plans for the subdivision 
and that a title insurance policy has been furnished to, and approved by, the City 
Attorney indicating that the improvements shall have been completed, are ready for

dedication to the city and are free and clear of any and all liens and encumbrances. 
Upon the approval and recommendation, the City Council shall thereafter accept the 
improvements for dedication and maintenance in accordance with established 
procedure. 
      (2)   Reduction of financial guarantees. A financial guarantee may be reduced upon 
actual dedication of public improvements and then only to the ratio that the public 
improvement dedicated bears to the total public improvements for the plat. In no event 
shall a financial guarantee be reduced below 25% of the principal amount, unless all 
improvements have been dedicated in which case it may be reduced to zero, provided a 
maintenance bond is posted. 
      (3)   Maintenance of improvements; warranty. 
         (a)   The applicant shall be required to maintain all improvements within the 
subdivision and/or on the individual subdivided lots until acceptance of the 
improvements by the Development Services Department. If there are any certificates of 
occupancy on a street where improvements have not been dedicated to the city, the city 
may on 12-hours’ notice effect emergency repairs and charge them to the applicant. 
         (b)   The applicant shall be required to file a maintenance guarantee with the City 
Council prior to dedication of the improvements, in the amount of 10% of the 
improvements costs in a form satisfactory to the City Attorney, in order to assure the 
satisfactory condition of the required improvements, including all lot improvements on 
the individual subdivided lots for a period of one year after the date of their acceptance 
by the City Council and dedication of the improvements to the City Council. 
(Prior Code, § 15-5-2) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.082 DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS. 
   (A)   The City Council may defer or waive at the time of final approval, subject to 
appropriate conditions, the provision of any or all improvements as, in its judgement, are 
not requisite in the interests of the public health, safety, and general welfare, or which 
are inappropriate because of inadequacy or lack of connecting facilities. 
   (B)   Whenever it is deemed necessary by the City Council to defer the construction of 
any improvement required herein because of incompatible grades, future planning, 
inadequate or lack of connecting facilities, or for other reasons identified by the city, the 
applicant shall pay his or her share of the costs of the future improvements to the city 
prior to signing of the final subdivision plat, or the applicant may post a bond insuring 
completion of the improvements upon demand of the City Council. 
(Prior Code, § 15-5-3) (Ord. O88-06-007, passed 10-13-1988)

§ 155.083 BUILDING PERMITS; OCCUPANCY PERMITS; ISSUANCE. 
   (A)   No certificate of occupancy for any building in the subdivision shall be issued 
prior to completion, inspection, and approval by the City Engineer, and dedication of it to 
the city of all utilities required to serve the building for which a certificate of occupancy is 
requested. 
   (B)   The extent of street improvements shall be adequate for vehicular access by the 
prospective occupant and by police and fire protection equipment, prior to the issuance 
of an occupancy permit. 
   (C)   No building permit shall be issued for the final 10% of lots in a subdivision (or if 
10% is less than two, for the final two lots of a subdivision), until all public improvements 
required by the City Council for the plat have been fully completed and dedicated to the 
city. 
(Prior Code, § 15-5-4) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.084 LOTS OUTSIDE APPROVED SUBDIVISIONS; BUILDING PERMITS. 
   (A)   Development Services Department review. If any lot or parcel is to be created 
within the city where the creation of the lot or parcel does not require the use of the 
requirements and procedures of §§ 155.030 et seq. and §§ 155.050 et seq., the owner 
of the lot or parcels to be created shall be required to discuss with the Development 
Services Department the lot or parcel creation to determine the eventual ability to 
receive a building permit for the lot or parcel. 
   (B)   Subject to other city requirements. Regardless of subjectivity to §§ 155.030 et 
seq. and §§ 155.050 et seq., any newly created lot or parcel shall be subject to the 
provisions of other city regulations, including the zoning ordinance (Chapter 154 of this 
code.) 
   (C)   Development Services Department certification. The Development Services 
Department shall certify whether or not the newly created lot or parcel meets all city 
requirements relative to receiving a building permit, noting any conditions, if they exist. 
(Prior Code, § 15-5-5) (Ord. O88-06-007, passed 10-13-1988) 
ADMINISTRATION AND ENFORCEMENT 
§ 155.100 ADMINISTRATION. 
   (A)   These regulations shall be administered and enforced by the Development 
Services Department of the city, or other agency as designated by the City Council, 
through the Director.

(B)   All subdivision plats submitted to the city shall first have been examined by the 
Development Services Department in accordance with the procedures established by 
these regulations. As part of their examination, the Development Services Department 
may consult with other public or private agencies to determine whether or not the plat, 
as proposed, will contribute to the orderly growth and development of the city. The 
actions of the Department shall be governed by the procedures and schedules set forth 
above. 
(Prior Code, § 15-1-5) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.101 LIABILITY. 
   The city shall hold harmless the Development Services Department, other city 
agencies and officials, and their official agents and representatives, when acting in good 
faith and without malice, from all personal liability for any damage that may accrue to 
any person or property as a result of any act required by these regulations, or for the 
omission of any act on the part of the Department, agency or official or their authorized 
agents in the discharge of their duties hereunder. Any suit brought against the city or the 
city administration because of any act or omission in the carrying out of the provisions of 
these regulations shall be defended by the city’s legal department through final 
determination of the proceedings. 
(Prior Code, § 15-1-6) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.102 INTERPRETATION; CONFLICTS; SEVERABILITY. 
   (A)   Interpretation. In their interpretation and application, the provisions of this chapter 
shall be held to be the minimum requirements necessary for the promotion of the public 
health, safety, and general welfare. 
   (B)   Conflicts with public and private provisions. 
      (1)   Public provisions. This chapter is not intended to interfere with, abrogate, or 
annul any other ordinance, rule or regulation, statute, or other provision of law except as 
noted herein. Where any provisions of this chapter impose restrictions different from 
those imposed by any other provision of this chapter or any other ordinance, rule or 
regulation, or other provision of law, whichever provisions are more restrictive or impose 
higher standards shall control. 
      (2)   Private provisions. This chapter is not intended to abrogate any easement, 
covenant, or any other private agreement or restriction, provided that where the 
provisions of this chapter are more restrictive or impose higher standards or regulations 
than the easement, covenant, or other private agreement or restriction, the 
requirements of this chapter shall govern. Where the provisions of the easement, 
covenant, or private agreement or restriction impose duties and obligations more

restrictive than this chapter, and the private provisions are not inconsistent with this 
chapter or determinations thereunder, then the private provisions shall be operative and 
supplemental to this chapter and determinations made thereunder. 
   (C)   Separability. If any part or provision of this chapter or application thereof to any 
person or circumstances is judged invalid by any court of competent jurisdiction, the 
judgement shall be confined in its operation to the part, provision, or application directly 
involved in all controversy in which the judgement shall have been rendered and shall 
not affect or impair the validity of the remainder of this chapter or the application thereof 
to other persons or circumstances. 
(Prior Code, § 15-1-7) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.103 SAVING PROVISION. 
   This chapter shall not be construed as abating any action now pending under or by 
virtue of, prior existing subdivision regulations, or discontinuing, abating, modifying or 
altering any penalty accruing or about to accrue, or as affecting the liability of any 
person, firm, or corporation, or as waiving any right of the municipality under any section 
or provision existing at the time of adoption of this chapter or as vacating and annulling 
any rights obtained by any person, firm, or corporation, by lawful action of the 
municipality except as shall be expressly provided for in this chapter. 
(Prior Code, § 15-1-8) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.104 AMENDMENTS. 
   For the purpose of providing for the public health, safety and general welfare, the 
governing body may from time to time amend the provisions imposed by this chapter. 
(Prior Code, § 15-1-9) (Ord. O88-06-007, passed 10-13-1988) 
§ 155.105 FEES. 
   (A)   Preliminary plat. The fees for preliminary plats are incorporated by reference. 
   (B)   Final plat. The fees for final plats are incorporated by reference. 
   (C)   Recording fee. As determined by the County Recorder. To be submitted to the 
Development Services Department after approval of the final plat and made payable to 
Maricopa County. 
   (D)   Variances. The fees for variances are incorporated by reference. 
   (E)   Annexation plats. The fees for annexation plats are incorporated by reference. 
(Prior Code, § 15-6-1) (Ord. O88-06-007, passed 10-13-1988; Res. R97-11-32, passed 
11-13-1997; Res. R07-12-31, passed 12-13-2007)

§ 155.999 PENALTY. 
   Any and all persons who shall violate any of the provisions of this chapter or fail to 
comply therewith, or who shall fail to comply with any lawful order or regulation made 
thereunder, shall severally for each and every violation and noncompliance respectively, 
forfeit and pay a fine of not less than $50, nor more than $750 and/or be imprisoned not 
to exceed to the time of four months for each offense, the violation constituting a Class 
2 misdemeanor under the Criminal Code of the laws of the State of Arizona. In addition, 
the costs of any action may be imposed at the discretion of the court. The imposition of 
one penalty for any violation of this chapter shall not excuse the violation or permit it to 
continue; and all such persons shall be required to correct or remedy it to continue; and 
all such persons shall be required to correct or remedy the violations and defects within 
a reasonable time; and each day that the prohibited condition is not corrected or 
remedied shall constitute a separate offense; and the court shall impose a fine on a per 
diem basis for each day that the violation is maintained. Application of the above penalty 
shall not be held to preclude the forced removal of prohibited conditions. 
(Prior Code, § 15-6-2) (Ord. O88-06-007, passed 10-13-1988) 
APPENDIX A: SUBDIVISION PROCESSES, PRELIMINARY PLAT PROCESSES; 
FINAL PLAT PROCESS 
Subdivision Processes 
   Before any property is divided into four or more parcels, whether for sale of property 
or to build on the property, a subdivision plat must be approved by the Development 
Services Director and recorded in the County Recorder’s office. The owner of the 
property to be subdivided must give his or her consent in writing before the 
Development Services Director can approve the final plat.

Preliminary Plat Process

Final Plat Process 
 
 
*Final plat supporting information consists of final plat and required final plat material as 
per § 155.032(B) 
(Prior Code, Appendix A) (Ord. O88-06-007, passed 10-13-1988) 
APPENDIX B: ZONING FEES 
   The zoning fees are adopted by reference.

(Prior Code, Appendix B) (Ord. O88-06-007, passed 10-13-1988) 
  
Disclaimer: This Code of Ordinances and/or any other documents that appear on this 
site may not reflect the most current legislation adopted by the Municipality. American 
Legal Publishing provides these documents for informational purposes only. These 
documents should not be relied upon as the definitive authority for local legislation. 
Additionally, the formatting and pagination of the posted documents varies from the 
formatting and pagination of the official copy. The official printed copy of a Code of 
Ordinances should be consulted prior to any action being taken. For further information 
regarding the official version of any of this Code of Ordinances or other documents 
posted on this site, please contact the Municipality directly or contact American Legal 
Publishing toll-free at 800-445-5588. 
Hosted by: American Legal Publishing