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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.
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(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.
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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 support, shelter, or
enclosure of persons, animals, chattels, or movable property of any kind, and includes
any structure. 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. Authorization by a property owner for the use by another, and for
specific purpose, of any designated part of his or her property. 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.
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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. The document (El Mirage General Plan), or part thereof, officially
adopted by the City Council which provides for the development of the city and which
indicates the general locations recommended for major roadways, parks, public utilities
and buildings, and land uses. 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, or other public way,
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.
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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 effect 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.
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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. A general term used to describe a paved right-of-way, municipally or
privately owned, serving as a means of vehicular travel. 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 STREET intended to serve and provide access
exclusively to the properties abutting thereon, and not connecting with other streets in
such a manner as to encourage through traffic. 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 STREET connecting local residential streets to
each other, to community facilities, and to principal, major, or minor arterial streets. 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. 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 STREET running parallel to a freeway, expressway, or
other roadway, and serving abutting properties. 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. or MARGINAL
ACCESS STREET.
STREET, DEAD-END. A STREET or portion of a street with only one vehicular-
traffic outlet.
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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 and 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.
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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 Planning and Zoning Commission
and City Council 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. The word TRACT shall mean a defined area of land regardless of size. (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; SKETCH INITIAL PLAT.
(A) Prior to the submission of a preliminary plat as required by this chapter, the
subdivider shall contact the Planning director Development Services Director and any
other administrative personnel or private agencies to determine:
(1) Procedures and requirements for filing the sketch initial plat, and preliminary
and final plats.
(2) Availability of public water and sewer or requirements when public systems
are not readily available.
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(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 contact procedure, the subdivider may discuss with the Planning
Director Development Services Director, his or her tentative proposals for the
development of the property.
(C) The subdivider shall submit, and the Planning Director Development Director
Department shall review and comment on, a sketch initial plat prior to the preparation of
a preliminary plat. the Planning Director The Development Services Director shall make
the review and make provide its comments known to the subdivider within five days
from the date of the review. at a scheduled pre-application meeting. The sketch 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 Planning Director Senior Planner, shall be submitted, with a
reproducible copy, to the Planning Director 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.
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(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
Planning Director 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 form 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 gang mailboxes cluster box unit.
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(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.
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(B) Review process.
(1) After receipt of the preliminary plat and all required supporting material, the
Planning Director shall schedule the plat for consideration at the next regular meeting of
the Planning and Zoning Commission which occurs after 21 days from the date on
which the plat was submitted.
(2) (1) The Planning Director Senior Planner will review the preliminary plat,
summarize the agency comments, add his or her written comments and
recommendations and present the material and recommendations to the Planning and
Zoning Commission Development Services Director for its consideration.
(3) At least seven days prior to the date of the Planning and Zoning Commission
meeting at which the plat is to be considered, the Planning Director shall, from
information provided by the subdivider as a part of his or her preliminary plat submittal,
notify the owners of subdivided lots and owners of unplatted land within 200 feet of the
boundaries of the proposed subdivision of the time and date of the meeting.
(4) The subdivider, or duly authorized representative, shall attend the Commission
meeting at which his or her proposal is scheduled for consideration.
(5) At the Commission meeting the subdivider and all other interested or affected
parties shall be allowed to offer comments. Upon the Commission’s approval or
disapproval of the preliminary plat, it shall notify the subdivider and City Council of its
decision. If conditions are attached to its approval, the subdivider and City Council shall
be informed of the conditions. No preliminary plat may be continued (tabled) for more
than two consecutive meetings.
(6) (2) Approval of the preliminary plat by the Planning and Zoning Commission
Development Services Director shall be effective for one year from the date of approval.
The subdivider may apply in writing for, and the Planning and Zoning Commission
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 pat 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.
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(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 Planning Director 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 Planning and Zoning Commission and/or City Council (see division (F) below)
Development 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 deign 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, two reproducible copies (sepia not
acceptable), and prints of the final plat and copies of all required supporting material
shall be submitted to the Planning Director 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:
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(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.
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(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 City
Planning and Zoning Commission Development Services Director as follows:
This plat is in full compliance with the original preliminary plat approved by the City of El
Mirage Planning and Zoning Commission Development Services Director on
the day of , 20 . The final plat reviewed and approved
this day of , 20.
Planning and Zoning Commission Chairperson
Planning Development Services Director
(x) Certificate of acceptance and approval by the City Council as follows:
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Approved by the City Council of the City of El Mirage, Arizona, this day
of , 20 .
Mayor
Attest:
City Clerk
(y) Certificate for recording by the County Recorder as follows:
This plat was filed for record in the Office of the County Recorder
at o’clock .m., , 20 , and is duly recorded in
Book , Page No.
County Recorder
(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:
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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,
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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.
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(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) Planning Development Services Director review. After receipt of the final plat,
the Planning Development Services Director shall review the submittal with the
Chairperson of the Planning and Zoning Commission for the completeness and if
applicable, for compliance with the approved preliminary plat. The Development
Services Director may shall refer copies of the final plat to an seek comment from other
officials and agencies.
(2) Staff review of supporting information. Upon submittal of all required supporting
materials, the Planning 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
Planning Development Services Director shall forward the final plat, comments and
approvals of reviewing agencies and pertinent supporting materials to the Council.
approve the final plat. Incomplete final plats, or final plats for which necessary
approvals have not been secured, shall not be forwarded to Council for action.
(3) City Council action. Following receipt of the final plat, the recommendation from
the Planning Director and Chairperson of the Planning and Zoning Commission that the
final plat complies with the preliminary plat, and required supporting materials, the City
Council shall either approve the final plat or disapprove the final plat and notify the
subdivider of the conditions to be met to gain approval. If disapproved final plat is
modified and resubmitted to the City Council at a later date for their consideration, the
Council may require the concurrent submittal of an updated ownership and
encumbrance report or title opinion.
(4) (3) Filing with County Recorder. Upon approval by the City Council
Development Services Director of the final plat, the subdivider shall be notified to be
submit payment for the recording fee to the Planning Director 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.
(5) (4) Alternate approval procedure. As an alternate procedure and at the request
of the subdivider, the City Council 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
Page | 20
by the City Engineer. This procedure, when approved by the Council 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 City Council 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 Planning Director
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, afer discussion with the Planning 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 Planning 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, secure the signatures of the proper public officials on the corrected plat and
present the plat to the City Council 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 Planning Development Services Director shall determine which of the required
supporting materials shall be resubmitted with the revised final plat. The plat shall be
Page | 21
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 City Council 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 Planning and Zoning
Commission Development Services Director has formally reviewed the preliminary plat
and has either:
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(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 Planning Director
and the Planning and Zoning Commission Development Services Department for their
comments and recommendations. The Planning and Zoning Commission 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
Planning and Zoning Commission and to the Council Development Services Director for
approval. In its review of the final plat, the Planning and Zoning Commission
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
Planning and Zoning Commission Council.
(G) Vacating public lands 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 Planning and Zoning Commission
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.
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(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;
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(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 of Health Services 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 Planning and Zoning Commission
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 Planning
Zoning Commission 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 Planning and Zoning Commission 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 Planning and Zoning Commission 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.
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See Chapter 1, Section C of the DDSM for lot improvement standards.
(A) Lot arrangement. The lot arrangement shall be such that there will be no
foreseeable difficulties, for reasons of topography or other conditions, in securing
building permits to build on all lots in compliance with the zoning ordinance (Chapter
154 of this code) or in providing driveway access to buildings on the lots from an
approved street.
(B) Lot dimensions. Lot dimensions shall comply with the minimum standards of the
zoning ordinance (Chapter 154 of this code). Where lots are more than double the
minimum required area for the zoning district, the Planning and Zoning Commission
may require that the lots be arranged so as to allow further subdivision and the opening
of future streets where they would be necessary to serve the potential lots, all in
compliance with the zoning ordinance (Chapter 154 of this code) and this chapter. In
general, side lot lines shall be at right angles to street lines (or radial to curving street
lines) unless a variation from this rule will give a better street or lot plan. Dimensions of
corner lots shall be large enough to allow for erection of buildings, observing the
minimum set backs from both streets. Depth and width of properties reserved or laid out
for business, commercial, or industrial purposes shall be adequate to provide for the off-
street parking and loading facilities required for the type of use and development
contemplated, as established in the zoning ordinance (Chapter 154 of this code).
(C) Double frontage lots and access to lots.
(1) Double frontage lots. Double frontage and reversed frontage lots shall be
avoided except where necessary to provide separation of residential development from
traffic arterials or to overcome specific disadvantages of topography and orientation.
(2) Access from major and minor arterials. Lots shall not, in general, derive access
exclusively from an arterial street. Where driveway access from an arterial street may
be necessary for several adjoining lots, the Planning and Zoning Commission may
require that the lots be served by a combined access drive in order to limit possible
traffic hazards on the street. Where possible, driveways should be designed and
arranged so as to avoid requiring vehicles to back into traffic on arterial streets.
(D) (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
Page | 26
drainage pattern for the area. Drainage shall be designed so as to avoid concentration
of storm drainage water from each lot onto adjacent lots.
(E) (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.
(F) (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.
(G) (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.
(1) Frontage on improved streets. No subdivision shall be approved unless the
area to be subdivided shall have frontage on, and access from, an existing street and
unless the street is: A street shown upon a plat approved by the City Council and
recorded in the County Recorder’s office. The street or highway must be suitably
improved as required by Maricopa Association on Governments (MAG) Specifications,
or be secured by a performance bond required under these subdivision regulations, with
the width and right-of-way required by these subdivision regulations or the General
Plan. Wherever the area to be subdivided is to utilize existing road frontage, the road
shall be suitably improved as provided herein.
(2) Grading and improvement plan. Roads shall be graded and improved and
conform to the city construction standards and specifications by the City Engineer, in
Page | 27
accordance with the construction plans required to be submitted prior to final plat
approval.
(3) Topography and arrangement.
(a) Roads shall be related appropriately to the topography. Local roads shall be
curved wherever possible to avoid conformity of lot appearance. All streets shall be
arranged so as to obtain as many as possible of the building sites at, or above, the
grades of the streets. Grades of streets shall conform as closely as possible to the
original topography. Specific standards are contained in the design standards of these
regulations.
(b) All streets shall be properly integrated with the existing and proposed system
of thoroughfares and the dedicated rights-of-way as established in the General Plan.
(c) Local streets shall be laid out to conform as much as possible to the
topography, to discourage use by through traffic, to permit efficient drainage and utility
systems, and to require the minimum number of streets necessary to provide
convenient and safe access to property.
(d) Proposed streets shall be extended to the boundary lines of the tract to be
subdivided, unless prevented by topography or other physical conditions, or unless in
the opinion of the City Council, the extension is not necessary or desirable for the
coordination of the layout of the subdivision with the existing layout or the most
advantageous future development of adjacent tracts.
(4) Blocks.
(a) Blocks shall have sufficient width to provide for two tiers of lots or appropriate
depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent
to major streets, railroads, waterways, or parks.
(b) The lengths, widths, and shapes of blocks shall be such as are appropriate
for the locality and the type of development contemplated, but block lengths in
residential areas shall not exceed 1,000 feet or 15 times the minimum lot width required
in the zoning district.
(c) In long blocks the City Council may require the reservation of an easement
through the block to accommodate utilities, drainage facilities, emergency access, or
pedestrian traffic.
(5) Access to arterial streets. Where a residential subdivision borders on or
contains an existing or proposed arterial street, the city may require that access to the
streets be limited by one of the following means:
Page | 28
(a) The subdivision of lots so that the lots back onto the arterial street and front
onto a parallel local street; no direct access shall be provided from the arterial street.
(b) A series of cul-de-sacs, U-shaped streets, or short loops entered from and
designed generally at right angles to a parallel street, with the rear line of their terminal
lots backing onto the arterial street.
(c) A marginal access or service road (separated from the arterial street by a
planting or landscaped strip and having access thereto at suitable points.)
(6) Street names. Street names shall be sufficiently different in sound and spelling
from other street names in the city so as not to cause confusion. A street which exists or
is planned as a continuation of an existing street shall bear the same name.
(7) Street names and regulatory signs. The applicant shall deposit with the city at
the time of final subdivision approval an amount equal to the cost of each street sign
required by the City Engineer at all road intersections. The city shall install all street
signs before issuance of certificates of occupancy for any residence on the streets
approved. Street name signs are to be placed at all intersections within or abutting the
subdivision, the type and location of which are to be approved by the City Engineer.
(8) Street lights. Installation of street lights shall be required in accordance with the
design and specification standards approved by the City Engineer. All street lights shall
utilize luminaries that minimize reflection into the night sky. Lighting on local and
collector streets shall maintain a minimum of .4 lumens at any given point along the
street right-of-way while .7 lumens shall be maintained along arterial streets. In addition,
light standards shall be spaced such that each intersection is provided at least one light
standard.
(9) Construction of streets and dead-end streets.
(a) Construction of streets. The arrangement of streets shall provide for the
continuation of principal streets between adjacent properties when the continuation is
necessary for convenient movement of traffic, effective fire protection, for efficient
provision of utilities, and where the condition is in accordance with the city General
Plan. If the adjacent property is undeveloped and the street must be a dead-end street
temporarily, the right-of-way shall be extended to the property line and there shall be a
notation on the subdivision plat that land outside the normal street right-of-way shall
revert to abuttors whenever the street is continued. The city may limit the length of
temporary dead-end streets in accordance with the design standards of these
regulations.
(b) Dead-end streets (permanent).
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1. Where a street does not extend to the boundary of the subdivision and its
continuation is not required by the city for access to adjoining property, its terminus shall
normally not be nearer to the boundary than 50 feet. However, the city may require the
reservation of an appropriate easement to accommodate drainage facilities, pedestrian
traffic, or utilities. A cul-de-sac shall be provided at the end of a permanent dead-end
street in accordance with city construction standards and specifications.
2. For greater convenience to traffic and more effective police and fire
protection, permanent dead-end streets shall, in general, be limited in length in
accordance with the design standards of these regulations.
(B) Design standards.
(1) General. In order to provide for streets of suitable location, width, and
improvement to accommodate prospective traffic and afford satisfactory access to
police, fire protection, sanitation, and street-maintenance equipment, and to coordinate
streets so as to compose a convenient system and avoid undue hardships to adjoining
properties. Table 1 below sets forth design standards for streets.
Table 1
Design Standards for Streets
Improvements/Standards
Dimensions in Feet
Minimum width of right-of-way
Table 1
Design Standards for Streets
Improvements/Standards
Dimensions in Feet
Minimum width of right-of-way
Local
50
Minor collector
60
Major collector
80
Minor arterial
110
Major arterial
Page | 30
- Multi-land roadway
130
- Parkway
150
Minimum width pavement (defined as face of curb to face of curb)
Local
32
Minor collector
44
Major collector
64
Minor arterial
68
Major arterial
- Multi-lane roadway
92
- Parkway
102
Maximum posted speed limit
Local
25
mph
–
Minor collector
30
mph
–
Major collector
35
mph
–
Minor arterial
40
mph
–
Major arterial
45
mph
–
Minimum radius of curve
Local
300
Minor collector
300
Major collector
450
Page | 31
Minor arterial
575
Major arterial
750
Minimum length of tangents between reverse curves
Local
150
Minor collector
150
Major collector
200
Minor arterial
270
Major arterial
280
Minimum sight distance
Local
175
Minor collector
260
Major collector
325
Minor arterial
400
Major arterial
475
Minimum turn around (local streets only)
Right-of-way diameter
120
Pavement
100
Center island (if required)
40
Maximum length of cul-de-sac
Permanent
600
Temporary
100
Source: BRW, Inc., 1987; Guidelines for Urban Major Street Design, ITE
Page | 32
(2) Street and sidewalk surfacing and improvements.
(a) After sewer, water, and other utilities have been installed by the developer,
the applicant shall construct curbs and gutters and shall surface or cause to be surfaced
roadways to the widths prescribed in this chapter. The surfacing shall be of the
character as is suitable for the expected traffic and in harmony with similar
improvements in the surrounding areas. Types of pavement shall be as determined by
the City Engineer. Adequate provision shall be made for culverts, drains, and bridges.
(b) All street pavements, shoulders, drainage, and utility improvements and
structures, curbs, turnarounds, and sidewalks shall conform to the Uniform Standard
Details Specifications adopted by the City Council and shall be incorporated into the
construction plans required to be submitted by the developer for plat approval.
(3) Railroads and limited access highways. Railroad rights-of-ways and limited
access highways where so located as to affect the subdivision of adjoining lands shall
be treated as follows:
(a) In residential districts a buffer strip at least 25 feet in depth in addition to the
normal depth of the lot required in the district shall be provided adjacent to the railroad
right-of-way or limited access highway. This strip shall be part of the platted lots and
shall be designated on the plat: “This strip is reserved for screening. The placement of
structures, except for street signs and lighting is prohibited.”
(b) In districts zoned for business, commercial, or industrial uses, the nearest
street extending parallel or approximately parallel to the railroad shall, wherever
practicable, be at a sufficient distance therefrom to ensure suitable depth for
commercial or industrial sites.
(c) Streets parallel to the railroad when intersecting a street which crosses the
railroad at grade shall, to the extent practicable, be a distance of at least 150 feet from
the railroad right-of-way. The distance shall be determined with due consideration of the
minimum distance required for future separation of grades by means of appropriate
approach gradients.
(4) Intersections, angles of. Streets shall be laid out so as to intersect as nearly as
possible at right angles. A proposed intersection of two new streets at an angle of less
than 75 degrees shall not be acceptable. An oblique street should be curved
approaching an intersection and should be approximately at right angles at least 100
feet therefrom. Not more than two streets shall intersect at any one point unless
specifically approved by the Planning and Zoning Commission.
(5) Widening and realignment of existing streets. Where a subdivision borders an
existing narrow street or when the General Plan or zoning ordinance (Chapter 154 of
Page | 33
this code) indicates plans for realignment or widening of a street that would require the
use of some of the land in the subdivision, the applicant shall be required to improve
and dedicate at his or her expense the areas for widening or realignment of the streets.
The streets shall be improved and dedicated by the applicant at his or her own expense
to the full width as required by these subdivision regulations. Land reserved for any road
purposes may be counted in satisfying yard requirements of the zoning ordinance
(Chapter 154 of this code), whether the land is to be dedicated to the municipality in fee
simple or as an easement for future expansion or as a private street.
(Prior Code, § 15-4-3) (Ord. O88-06-007, passed 10-13-1988)
§ 155.053 SIDEWALKS AND CURBS.
See Chapter 3 of the DDSM for sidewalk and curb standards
The following are required improvements:
(A) Sidewalks shall be included within the dedicated non-pavement right-of-way of all
streets as illustrated on Table 2 below.
(B) Concrete curbs and gutters are required for all streets. Collector and arterial
streets shall require six-inch vertical curbs.
(C) Sidewalks shall be improved as required in § 155.052(B) above.
Table 2
Sidewalk Requirements
Type of Street
Sidewalk Requirement
Table 2
Sidewalk Requirements
Type of Street
Sidewalk Requirement
Local
Optional (at Council directive)*
Collector
Both sides, four feet wide, or, as bike route, eight feet
wide; one foot inside right-of-way line
Arterial
Both sides, five feet wide, or, as bike route, eight feet
wide; one foot inside right-of-way line
Page | 34
Note to table: *But where provided, four feet wide
Source: BRW, Inc., 1987
(Prior Code, § 15-4-4) (Ord. O88-06-007, passed 10-13-1988)
§ 155.054 DRAINAGE; STORM SEWERS; RETENTION BASINS.
See Chapter 4 of the DDSM for storm drain facilities standards
(A) General requirements. The city will not recommend for approval any plat of a
subdivision which does not make adequate provision for storm or flood water run-off
channels or basins. The storm water drainage system shall be separate and
independent of any sanitary sewer system. Storm drainage shall be accommodated in
the streets, gutters, or retention basins unless otherwise indicted by the City Engineer.
Sub-surface drainage systems shall be discouraged, but where storm sewers are
required, the cost shall be born by the developer for storm sewers to a size of 24
inches; if over 24 inches in size and determined to be for benefit outside of the
subdivision, the costs may be shared, as determined by the City Council, but only for
that portion determined to be of benefit outside the subdivision.
(1) Use of street for drainage. Curbed streets shall be designed and constructed to
carry the storm water run-off from a ten-year storm between curbs. When peak flows
form the designated storm exceed the street capacity, an open area drainage and
retention system shall be designed to carry the excess storm water. The rational method
based on the run-off factors in division (B) below shall be used to determine the peak
flows. Fifteen minutes maximum may be used for the time of concentration for the runoff
across the lots.
(2) Peak flows in streets. Peak flows from a 100-year storm shall be carried within
the cross section between buildings (front yards and streets). The finish floor elevation
of all buildings shall be one foot above the 100-year storm. All finished floors shall be a
minimum of 14 inches across the low outfall of the site.
(3) (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
City Engineer 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.)
Page | 35
(4) (2) Effect on downstream drainage areas. The City Engineer 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 Council
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 Council 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.
(5) (3) Areas of poor drainage. Whenever a plat is submitted for an area which is
subject to flooding, the City Council 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.
(6) (4) Floodplain areas. The City Council 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 Council Engineer.
(B) Retention requirements.
(1) Areas for retention. All water from a 100-year storm of a one-hour duration
(approximately 2.4 inches), which falls within the area being developed, including the
respective one-half of all abutting streets (whether or not it is a dedicated street which
may exist by an improvement district and owned by the city) shall be retained within the
boundaries of the developed land. No retention shall be allowed in public rights-of-way.
The method of collection and retention shall be approved by the Department of Public
Works. The method of retention calculation, drainage flows, and removal of storm water
within 36 hours shall conform to division (B)(5) and (6) below.
Page | 36
(2) Retention basin capabilities. All retention basins shall have a design capacity to
preclude a water depth in excess of three feet resulting from a 100-year, one-hour
storm. The depth of retention basins shall be measured from lowest adjacent top of
curb. In no event shall storm water stand in the retention basins longer than 36 hours.
Drywells (or other approved methods of removing storm water within 36 hours) shall be
required for any depth of retention over one foot, provided a volume greater than1,000
cubic feet is being retained in a single retention area. However equalizer pipes from
smaller to larger retention areas may be required by the City Engineer.
(3) Dedication. No retention basins will be controlled or owned by the city unless
dedicated as part of the city’s park and open space system. Non-dedicated retention
basins shall be maintained by the owner. All retention basin areas shall be designated
as easement areas for retention purposes and shall have a recorded protective
covenant requiring perpetual maintenance.
(4) Residential lots for retention. On-lot retention is permissible in single-family
developments to a maximum of six inches, but shall not be used for calculating
development retention requirements.
(5) Retention calculations.
Total volume required = (2.4 in/12) x (drainage area) x (average run-off coefficient)
(6) Run-off factors.
(a) The run-off factor used in computation must be justified by a typical cross
section of actual area calculation.
Concrete pavement (concrete, brick, etc.)
0.95
Roofs/asphalt pavement
0.85
Grass lawn
0.15
Desert lawn or rock lawn
0.70
(b) Infiltration into the dry well cannot be considered to reduce the size of the
retention area. The property owner of record shall be responsible for the design,
performance, operation, or maintenance of dry wells used with on-site retention. A
percolation rate of 0.8 cfs per dry well over a 36-hour period shall be used in calculating
the number of dry wells.
Page | 37
(7) Joint development. Two or more developers may join together to provide a
common retention facility. A letter of agreement signed by all developers participating in
the common retention area must be presented to the City Engineer, and the recorded
plat shall indicate that the retention area is a joint facility. The joint retention area must
meet all criteria as a single area.
(C) (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.
(A) General requirements.
Page | 38
(1) The subdivider shall connect to the city water system and install adequate
water facilities (including fire hydrants) subject to the specifications of the City Engineer.
All water mains shall be at least six inches in diameter.
(2) Water main extensions shall be approved by the City Engineer.
(3) To facilitate the above, the location of all fire hydrants, all water supply
improvements, and the boundary lines of proposed districts, indicating all improvements
proposed to be served, shall be shown on the preliminary plat, and the cost of installing
them shall be included in the performance bond to be furnished by the developer.
(B) Fire hydrants. Fire hydrants shall be required for all subdivisions. Fire hydrants
shall be located no more than 300 feet apart in multi-family, commercial, and industrial
developments and no more than 500 feet apart in single-family developments, and shall
be within 300 feet of any structure and shall be approved by the City Fire Chief. To
eliminate future street openings, all underground utilities for fire hydrants themselves,
and all other supply improvements shall be installed before any final paving of a street
shown on the subdivision plat.
(Prior Code, § 15-4-6) (Ord. O88-06-007, passed 10-13-1988)
§ 155.056 SEWER WASTEWATER FACILITIES.
See Chapter 6 of the DDSM for wastewater facilities standards
(A) General requirements. The applicant shall install sanitary sewer facilities in a
manner prescribed by the Uniform Standard Details and Specifications and the City
Engineer.
(B) Public sewerage required. For all subdivisions, sanitary sewer facilities shall
connect with public sanitary sewage system. Sewers shall be installed to serve each lot
and to grades and sizes required by the Uniform Standard Details and
Specifications and the City Engineer.
(C) Mandatory connection to public sewer system. If a public sanitary sewer is
installed within 200 feet of an individual lot, the owner thereof shall be required to
connect to the sewer for the purpose of disposing of waste, and it shall be unlawful for
any owner or occupant to maintain upon any property the use of an individual sewage
disposal system thereafter.
(D) Design criteria for sanitary sewers.
(1) Design factors.
(a) Sanitary sewer systems should be designed for the ultimate drainage basin
population. Consideration should be given to current zoning regulations, and should be
Page | 39
given to current zoning regulations, and approved planning and zoning reports where
applicable. Sewer capacities should be adequate to handle the anticipated maximum
hourly quantity of sewage and industrial waste together with an adequate allowance for
infiltration and other extraneous flow. The unit design flows presented hereinafter should
be adequate in each case for the particular type of development indicated. Sewers shall
be designed for the total tributary area using the following criteria:
One- and two-family dwellings
.02 cfs/acre*
Apartments, townhouses, condominiums
One- and two-story
.02 cfs/acre
Three- though six-story
.03 cfs/acres
Commercial - small stores, offices and miscellaneous
businesses
.02 cfs/acre
Shopping centers
.02 cfs/acre
Industrial buildings
As directed by the City Engineer
Note to table * Cubic feet per second per acres
(b) These design factors shall apply to watersheds of 300 acres or less. Design
factors for watersheds larger than 300 acres and smaller than 1,000 acres shall be
computed on the bases of a linear decrease from the applicable design factor for an
area of 300 acres to a design factor for .01 cfs/acre for an area of 1,000 acres unless
otherwise directed by the City Engineer. Design factors for watersheds larger than 1,000
acres shall be .01 cfs/acre unless otherwise directed by the City Engineer.
(2) Maximum size. The diameter of sewers proposed shall not exceed the diameter
of the existing or proposed outlet, whichever is applicable, unless otherwise approved
by the City Engineer.
(3) Minimum size. No public sanitary sewer shall be less than eight inches in
diameter.
(4) Minimum slope. All sewers shall be designed to give mean velocities, when
flowing full, of not less than 2.0 feet per second. All velocity and flow calculations shall
be based on the Manning Formula using an “N” value of 0.013. The slopes shall be
minimum for size indicated. Exceptions to these minimum slopes shall be made at the
Page | 40
upper end of lateral sewers serving less than 30 houses. The sewers shall have a
minimum slope of 0.76%. Where lateral sewers serve less than ten houses, the
minimum slope shall be not less than 1%. Table 3, below, lists minimum slopes for
various sewer sizes:
Table 3
Minimum Slope by Sewer Size
Sewer Size (in Inches)
Minimum Slope in Feet per 100 Feet
Table 3
Minimum Slope by Sewer Size
Sewer Size (in Inches)
Minimum Slope in Feet per 100 Feet
8
0.33
10
0.24
12
0.19
15
0.14
18
0.11
21
0.093
24
0.077
Source: BRW, Inc., 1987; Arizona Department of Health Services Bulletin Number 11
(5) Alignment. All sewers shall be laid with straight alignment between manholes,
unless otherwise directed or approved by the City Engineer.
(6) Manhole location. Manholes shall be installed at the end of each line; at all
changes in grade, size, or alignment; at all intersections; and at distances not greater
than 400 feet for sewers less than 18 inches, and 500 feet for sewers 18 inches in
diameter and larger.
(7) Manholes. The difference in elevation between any incoming sewer and the
manhole invert shall not exceed 12 inches except where required to match crowns. The
Page | 41
use of drop manholes will require approval by the City Engineer. The minimum inside
diameter of the manholes shall conform to those specified by the City Engineer. Inside
drop manholes will require special considerations; however, in no case shall the
minimum clear distance be less than that indicated above. When a smaller sewer joins
a larger one, the crown of the small sewer shall not be lower than that of the larger one.
The minimum drop through manholes shall be 0.2 feet.
(8) Sanitary sewer locations. Sanitary sewers shall be located within street or alley
rights-of-way unless topography dictates otherwise. When located in easements on
private property, access shall be provided to all manholes. A manhole shall be provided
at each street or alley crossing. End lines shall be extended to provide access from
street or alley rights-of-way where possible. Imposed loading shall be considered in all
locations. Not less than three feet of cover shall be provided over top of pipe in street
and alley rights-of-way or three feet in all other areas.
(9) Cleanout and lampholes. Cleanouts and lampholes will not be permitted.
(10) Water supply interconnections. There shall be no physical connection
between a public or private potable water supply system and sewer which will permit the
passage of any sewage or polluted water into the potable supply. Sewers shall be kept
removed from water supply wells or other water supply sources and structures.
(11) Relationship of sewers to water mains. A minimum horizontal distance of six
feet shall be maintained between parallel water and sewer lines. At points where sewers
cross water mains, the sewer shall be constructed of cast iron pipe or encased in
concrete for a distance of ten feet in each direction from the crossing, measured
perpendicular to the water line. This will not be required when the water main is at least
two feet above the sewer line.
(12) Extraordinary situations. These design criteria are not intended to cover
extraordinary situations. Deviations will be allowed and may be required in those
instances where considered justified by the City Engineer.
(Prior Code, § 15-4-7) (Ord. O88-06-007, passed 10-13-1988)
§ 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.
Page | 42
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 bing 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,
Page | 43
funds in escrow, or other guarantee acceptable to the city City Attorney prior to
recording the final subdivision 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 be
100 125% 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 City Council in the resolution 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 (B) (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
(B) (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
Page | 44
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 an the inspection fee of 2% of the amount of the financial
guarantee or the estimated cost of required improvements, as established in the most
current City fee schedule, and the subdivision plat shall not be signed by the Mayor
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
Page | 45
of the subdivision, prepared on mylar, 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 City Council 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,
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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 my 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) Planning Director 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 discus with the
Planning Director 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) Planning Director Development Services Department certification. The Planning
Director 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)
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ADMINISTRATION AND ENFORCEMENT
§ 155.100 ADMINISTRATION.
(A) These regulations shall be administered and enforced by the Planning and
Development Services Department of the city, or other agency as designated by the
City Council, through the Planning Director.
(B) All subdivision plats submitted to the city shall first have been examined by
Planning Director and the El Mirage Planning and Zoning Commission Development
Services Department in accordance with the procedures established by these
regulations. As part of their examination, the Director and the Commission 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, the Commission and the
Council 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 Planning Director, 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
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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.
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(C) Recording fee. As determined by the County Recorder. To be submitted to the
Planning Director 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 City Council
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
City Council Development Services Director can approve the final plat.
Preliminary Plat Process
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Final Plat Process
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*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)
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