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October 23, 2024
TA2024002
Page 1 of 2
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
October 23, 2024
Case #/Title:
TA2024002 – Maricopa County Subdivision Regulations
Supervisor District:
All
Applicant:
Staff-initiated
Request:
Amend the Maricopa County Subdivision Regulations (MCSR) and
Administrative Guidelines to allow for plats to be administratively
approved, to eliminate and relocate the administrative guidelines to
application packets and to add modernity and clarity to outdated
provisions.
EROP:
This text amendment is being processed through the County’s
Enhanced Regulatory Outreach Program (EROP) and is posted on
the County’s EROP site. Staff sent notification of the text
amendment to EROP registrants (over 3,000) and to various
agencies and HOAs. Staff held two stakeholder meetings in May
and August. This matter was discussed by the Commission at a
June 27, 2024 meeting and the September 26, 2024 public hearing.
Municipal Comments:
Four (4) comments including two (2) comments in support –
Buckeye & Peoria
Support/Opposition:
Five (5) in support / Four (4) opposed
Additional Comments:
The proposed amendment language is attached. There has been
no change since the Commission recommendation. Arizona State
Land Department (ASLD) commented that the amendment could
be beneficial and asked for staff to continue to route plats to ASLD.
Arizona Game and Fish Department (AZGFD) also asked for staff to
continue routing plats to AZGFD, requested edits and asked for
staff to request that applicants utilize an Online Environmental
Review tool. Staff received no concerns from the development
community. A few citizens had concerns with the process, broader
impacts of growth within the County and that removal of the public
hearing requirement will limit public involvement.
Commission
Recommendation:
On 9/26/24, the Commission voted 7-0 to adopt a motion
recommending the Board of Supervisors approve TA2024002 as
presented by staff.
October 23, 2024
TA2024002
Page 2 of 2
Presented by:
Adam Cannon, AICP, Senior Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
Proposed Maricopa County Subdivision Regulations (50 Pages)
Proposed Administrative Guidelines (35 Pages)
9/26/24 P&Z Packet (157 pages)
Note:
9/26/24 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
Maricopa County Planning and Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Adopted: August 6, 1990
Revised: March 2021
PREFACE
CHAPTER 1 – TITLE, AUTHORITY, JURISDICTION, PURPOSE & DEFINITIONS
Section
Page
101
Title
1
102
Authority
1
103
Jurisdiction
1
104
Purpose
1
105
Definitions
2
CHAPTER 2 – SUBDIVISION APPLICATION & APPROVAL
Section
Page
201
Purpose
1
202
Preliminary Plat
1
203
Final Plat
5
204
Replats
9
205
Corrective Plats
9
206
Abandonments
10
207
Development Master PlanMaster Plats
10
CHAPTER 3 – SUBDIVISION DESIGN PRINCIPLES, STANDARDS & MINIMUM
IMPROVEMENTS REQUIRED
Section
Page
301
Purpose
1
302
Subdivision Design Principles
1
303
Design Standards
1
304
Improvements
7
305
Plans, Specifications and Supervision
11
306
Provisions for Maintenance and Operation
11
307
Suitability of the Land
12
308
Reservations for Public Facilities and Services
12
309
Water Use
13
CHAPTER
4
–
ADOPTION
APPROVAL,
AMENDMENTS,
ADMINISTRATION,
ENFORCEMENT AND FEES
Section
Page
401
Adoption Approval and Amendments
1
402
Administration
1
403
Enforcement
2
404
Fees
2
CHAPTER 5 – VARIANCES & MODIFICATIONS
Section
Page
501
Variances
1
502
Large Scale Development
1
503
Conditions
1
CHAPTER 65 – VIOLATION AND PENALTY
Section
Page
601
Violation
1
602
Penalty
1
CHAPTER 76 – SEPARABILTY CLAUSE, REPEAL OF CONFLICTING ORDINANCES,
EFFECTIVE DATE
Section
Page
701
Separability Clause
1
702
Repeal of cConflicting Ordinances
1
703
Effective Date
1
PREFACE
The subdivision of land is the first step in the process of community building. The
designer of a subdivision is in actuality planning an integral portion of the urban
community, not an isolated residential entity. Therefore, land subdivision in harmony with
public objectives is essential for sound community growth.
Poor subdivisions in the past, with their lack of coordination with each other, have created
problems for communities that have sometimes been insurmountable. They have
increased the cost of public and private improvements, caused traffic congestion, and
created early blight and obsolescence.
Good subdivisions lead to the development of permanently stable neighborhoods
offering to their residents safe, healthful and pleasant living conditions. To the developer
these factors are essential to buyer appeal, increased sales, sustained profits, and good
reputation. From the public viewpoint, these are basic living needs and the elements of
sound residential growth.
Subdivision of land is the method of transforming a community plan into a reality. The
subdivider's layout of streets and blocks becomes a permanent part of the community of
tomorrow, and a community plan is either realized or lost with the subdivision of land.
Therefore, the control a community retains over land subdivision is one method by which
the elements of a comprehensive plan are achieved.
Some individuals may regard subdivision review as unwarranted interference with their
right to do as they please with their private property. However, if the health, safety,
comfort, convenience and general welfare of the community are to be obtained and
preserved, then community guidance and review of subdivisions is a necessity. Thus,
land subdivision involves a grave responsibility that must be shared by the private
developer and the governmental agencies concerned.
The regulations, procedures, principles and standards contained herein and the
administrative guidelines are intended to provide a common ground of understanding and
a sound and equitable working relationship between public and private interests to the
end that both independent and mutual objectives can be achieved.
A regulation of Maricopa County, Arizona, providing for the regulation of subdivision
development within the unincorporated area of the County, defining its terms, setting
forth subdivision platting procedures and requirements, establishing subdivision design
principles and standards, establishing street and utility improvement requirements,
providing for modification of the regulations and for other purposes. The provisions of
these regulations shall be in accordance with Arizona Revised Statutes, Title 11, Chapter
6, Article 1, Section 11-806.01 821-823.
SECTION 101. TITLE
This Regulation may be cited as “Subdivision Regulations for the Unincorporated
Area of Maricopa County” or “Maricopa County Subdivision Regulations”.
SECTION 102. AUTHORITY
By authority of the Maricopa County Board of Supervisors adopted pursuant to the
powers and jurisdictions vested through Arizona Revised Statutes, Title 11, Chapter 6,
Article1, Section 11-806.01 and other applicable laws, statutes, orders, and regulations of
the State of Arizona and County of Maricopa, the Maricopa County Board of Supervisors
does hereby exercise the power and authority to review and approve or disapprove, based
upon recommendation of the Maricopa County Planning and Zoning Commission, plats
for subdivision of land within the unincorporated areas of the County.
These provisions provide for the regulation of division of land and subdivision
development in accordance with Arizona Revised Statutes and set forth subdivision
planning procedures and requirements for development in unincorporated Maricopa
County.
SECTION 103. JURISDICTION
These subdivision regulations shall apply to all subdivisions of land, as defined herein,
located within unincorporated areas of the County. No land shall be subdivided within
the unincorporated areas of the County until the subdivider or his agent complies with
these regulations, and shall obtain approval of the preliminary plat by the Planning and
Zoning Commission and approval of the final plat by the Department Board of
Supervisors. In addition, no land shall be subdivided until the approved plat is filed with
and recorded by the Maricopa County Recorder's Office.
SECTION 104. PURPOSE
The purpose of these Regulations is to promote and protect the health, peace, safety,
comfort, convenience and general welfare of the citizens of Maricopa County by
regulating the orderly subdivision of property of all land within the unincorporated area of
Maricopa County and provide for the orderly growth and harmonious development of the
County; to iensure adequate traffic circulation through coordinated street systems with
relation to major thoroughfares, adjoining subdivisions and public facilities; to achieve
individual property lots of reasonable utility and livability; to secure adequate provisions
for
water
supply,
power,
drainage,
protection
against
flood,
storm
water
retention/detention, sanitary sewerage; paved streets and other accesses; and other
health and safety requirements; to consider adequate sites for schools, recreation areas,
and other public facilities; to promote the conveyance of land by accurate legal
description; and to provide practical procedures for the achievement of this purpose.
SECTION 105. DEFINITIONS
For purposes of these Regulations, certain words, terms and phrases are hereby defined.
Words in the present tense shall include the future; the singular number shall include the
plural and the plural the singular; the word "structure" includes the word "building"; the
word "shall" is mandatory and not directory, and the word "may" is permissive.
1.
Alley: A passage or way open to public travel, affording generally a secondary
means of vehicular access to abutting lots or upon which service entrances of
buildings abut, and not intended for general traffic circulation.
2.
Approval, Preliminary: Conditional approval of the Preliminary Plat by the
Commission Department as evidenced in its meeting minutes and noted upon
prints of the PlatPlat documents; constitutes authorization to proceed with final
Engineering Plans and Final Plat preparation.
3.
Approval, Final: Unconditional approval of the Final Plat by the Board Department
as evidenced by certification on the Plat by the Chairman and the Clerk of the Board;
constitutes authorization to record a plat.
4.
Assurance: A guarantee that the specified improvements and services will be
accomplished. This must be in the form of a financial guarantee, including, but not
limited to, a Subdivision Bond, an irrevocable Letter of Credit, a Certificate of
Deposit or a Certified Check for construction of improvements. Utility service
assurances may be provided by letter from water, sewer and other appropriate
utility companies to guarantee improvements.
5.
Board: The Board of Supervisors of Maricopa County.
6.
Building Line: A line between which line and street right-of-way no building or
structure or portion thereof, shall be erected, constructed and/or established other
than steps, uncovered/unenclosed porches and roof overhangs.
7.
Commission: The Maricopa County Planning and Zoning Commission.
8.
Common Elements: All portions of a condominium other than the units.
9.
Common Elements, Limited: A portion of the common elements specifically
designated as a limited common element in the declaration and allocated by the
declaration or by operation of Arizona Revised Statutes, Section 33-1212,
Paragraph 2 or 4, (or its successor) for the exclusive use of one or more but fewer
than all of the units.
10.
Common Promotional Plan: A plan undertaken by a person or a group of persons
acting in concert, to offer lots for sale or lease. If the land is offered for sale by a
person or group of persons acting in concert, and the land is contiguous or is
known, designated or advertised as a common unit or by a common name, the land
is presumed, without regard to the number of lots covered by each individual
offering, as being offered for sale or lease as part of a common promotional plan.
Separate subdividers selling lots or parcels in separately platted subdivisions within
a master planned community shall not be deemed to be offering their combined
lots for sale or lease as part of a common promotional plan.
11. Condominium: A lot or parcel, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership solely
by the owners of the separate portions. A lot or parcel is not a condominium unless
the undivided interests in the common elements are vested in the unit owners. For
further information on condominiums as regulated in Arizona Revised Statutes,
Section 3, Title 33, Chapter 9, please see Appendix C of the Subdivision Regulations
administrative guidelines.
12. County: Maricopa County or designated department.
13. County Engineer: The Director or authorized representative of the Maricopa County
Department of Transportation.
14.
Department: The Maricopa County Planning and Development Department.
15. Director: Director of the Maricopa County Planning and Development Department
or duly authorized representative.
16. Drainage:
a.
Drainage Design Manual: All technical information concerning drainage
shall be prepared using the Drainage Regulations included in the Maricopa
County Zoning Ordinance Drainage Design Manual for Maricopa County,
Volume I: Hydrology, Volume II: Hydraulics, or Volume III: Erosion. Other
methodologies or procedures may be used only with written consent of the
Flood Control District.
b.
Drainage, Local: Water which accumulates as a result of local storms and
flows over land not included in a delineated floodplain. This shall include
sheetflow and such flow as may be concentrated in local drainage systems
with or without defined channels, excluding delineated floodplains.
c.
Drainage, 100-Year Storm (Peak Discharge): Local drainage resulting from
a storm which has a one percent chance of occurring annually, based upon
a Design Storm within a defined area.
d.
Drainage, 100-Year, Two Hour Volume: As defined in the Maricopa County
Drainage Design Manual, Volume I.
e.
Drainage, Off-Site: The storm surface waters emanating from lands
outside the limits of the proposed subdivision and draining through the site
of the proposed subdivision.
f.
Drainage, Direct On-Site Runoff: That portion of the rainfall which falls
within the entire limits of the proposed subdivision and which flows across
the land or enters streams promptly after the rainfall.
17.
Easement: A grant by a property owner of the use of a strip of land for a specific
purpose or purposes, by the general public, corporation, or a certain person or
persons.
a.
Easement, Aerial: A grant by a property owner for the use of a strip for the
purpose of extending overhead utilities or other similar purposes.
b.
Easement, Drainage: An area reserved exclusively for conveyance or of
stormwater runoff. No underground utilities nor above grade obstructions
may be placed within a drainage easement. The final plat shall contain
language approved by the Flood Control DistrictDirector prescribing
building restrictions, access, and maintenance responsibilities with the
drainage easement.
c.
Easement, Non-Vehicular Access: An easement prohibiting vehicular
access from a street, or between inappropriate uses (i.e., zoning district
boundaries).
18.
Flood: A general and temporary overflow of water onto normally dry land areas.
a.
Flood, Regulatory: The 100-year flood as determined by criteria established
by the Federal Emergency Management Agency.
b.
100-Year Flood: A flood that has a one percent chance of occurring
annually, based upon the criteria established by the Arizona Department of
Water Resources.
19.
Floodplain:
a.
Floodplain, Delineated: That area delineated and mapped as a special flood
hazard area (floodplain) as indicated on flood insurance rate maps
(firmsFIRMs) approved by the Federal Emergency Management Agency.
b.
Floodplain, Regulatory: Any area which has been determined by the Flood
Control District to be subject to inundation during the regulatory flood and
which is subject to the Ffloodplain Rregulations of Maricopa County.
c.
Floodway: The channel of a river or other watercourse and the adjacent land
areas necessary in order to discharge the one hundred-year flood without
cumulatively increasing the water surface elevation more than one foot.
20.
Lake: A body of water other than a swimming pool which has a surface area greater
than 12,320 square feet. Two or more lakes that are connected are considered to
be one lake.
21. Lot: Any lot, parcel, tract of land, or combination thereof, shown on a plat of record
or recorded by metes and bounds, having frontage on a public or private street or
on a permanent roadway easement which adjoins a street, and intended for transfer
of ownership or intended or used for building development.
22.
Lot, Double Frontage: A lot which extends from one street to another street, existing
or proposed, except where a non-vehicular access easement has been established
on such a lot. See also, through lot.
23. Lot, Hillside: Any lot or portion of a lot where the terrain has a natural slope of 15
percent or greater.
24. Minor Land Division: Improved or unimproved lands which are divided or proposed
to be divided for the purpose of sale or lease, whether immediate or future, into five
or fewer lots or parcels all of which have or will have a gross area less than thirty-
six acres, measured to the center line of contiguous roads and easements,
including residential condominiums as defined in Arizona Revised Statues, Title 33,
Chapter 9. This definition shall not include the financing or leasing of apartments,
offices, stores or similar space within apartment buildings, industrial buildings,
commercial buildings; mobile home parks or trailer parks; land dedicated for
cemetery purposes; or parcels leased or sold for agricultural purposes pursuant to
Section 11-830, Arizona Revised Statutes.
25.
Non-Potable Water: Water which cannot feasibly be economically or
technologically treated to meet Federal Environmental Protection Agency drinking
water standards.
26. Owner: The person or persons holding title by deed to land, or holding title as
vendees under land contract, or holding any other title of record.
27.
Parcel Map: A map of a minor land division, duly recorded in the Maricopa County
Recorder's Office.
28.
Person: Any firm, partnership, association, corporation, individual or any agency of
any of the foregoing, or the state or any agency or political subdivision thereof.
29.
Plan, County: A comprehensive plan, or parts thereof, providing for the future
growth and improvement of Maricopa County and for the general location and
coordination of streets and highways, schools and recreation areas, public
building sites, flood control channels, and other physical development, which shall
have been duly adopted by the Board.
30.
Plan, Development Master: A preliminary master plan for the development of a
community or other large land area, the platting of which is expected to be
undertaken in progressive stages. A Development Master Plan shall be subject to
Commission and Board Approval.
31.30. Plans, Engineering: Plans, profiles, cross-sections and other required details for
the construction of public improvements, prepared by a registered professional
engineer in accordance with the approved Preliminary Plat and in compliance with
standards of design and construction or policies approved by the Board.
32.31. Plat: A map of a Subdivision.
a.
Preliminary Plat: A preliminary map, including supporting data, indicating a
proposed subdivision development, prepared in accordance with these
Regulations.
b.
Final (Record) Plat: A map of all or part of a subdivision providing
substantial conformance to an approved Preliminary Plat, prepared in
accordance with these Regulations and approved by the County the Board
before recordation.
c.
Recorded Plat: A Final Plat bearing all of the certificates of approval
required in Section 203 of these Regulations and duly recorded in the
Maricopa County Recorder's Office.
d.
Corrective Plat: A plat recorded to indicate minor changes made to a
previously recorded plat.
d.
Replat (Amended Final Plat): A process whereby four or more lots are
created, deleted or combined from existing lots on a recorded plat, where
additional dedication or land for a public street is involved or where
abandonment of a street, alley or easement in a previously recorded
subdivision is necessary.
e.
Master Plat: A master-planned development with multiple subdivision
phases and/or plans of development with parcels for the future phases of
development and the dedicating of arterial and collector roads.
33.32. Potable Water: Water which meets Environmental Protection Agency Drinking
Water Standards for human consumption, or which can feasibly be economically
or technologically treated to meet such standards.
34.33. Reclaimed Water: Wastewater that has completed its passage through a
wastewater treatment plant (ADEQ 7 MCHD Code). Reclaimed wastewater equals
effluent which meets the standards for the specific use contained in R 18-9-703
(ADEQ).
35.
34. Standards, Public Improvement: A set of regulations setting forth the details,
specifications and instructions to be followed in the planning, design and
construction of certain public improvements in Maricopa County, formulated by
the Maricopa County Department of Transportation, Flood Control District of
Maricopa County, the Maricopa County Environmental Services Department, and
other County Departments.
36.35. Streets: That area, whether public or private, between right-of-way lines, dedicated,
reserved or provided for roadway purposes and other uses not inconsistent
therewith.
a.
Arterial Route: A general term including freeways, expressways and arterial
streets; an interstate, state, or county highway having regional continuity;
any urban street having considerable continuity and carrying a large volume
of both passenger and commercial vehicles. These arterial routes are
normally on the section lines.
b.
Collector Street: A neighborhood street with limited continuity and having
the primary function of carrying residential traffic from minor streets to
arterial routes; a secondary function being to provide access to abutting
residential properties.
c.
Frontage Road: A minor street parallel and adjacent to an arterial route
which provides access to abutting property, intercepts minor residential
streets and controls access to an arterial route.
d.
Minor Street: A street used primarily for providing access to abutting
property.
e.
Cul-de-sac Street: A minor residential street having one end permanently
terminated in a vehicular turnaround.
f.
Loop Street: A minor residential street that forms a loop and returns to the
same street from which it originated.
37.36. Subdivider: A subdivider shall be deemed to be the individual, firm, corporation,
partnership, association, syndicate, trust or other legal entity that files the
application and initiates proceedings for the subdivision of land in accordance
with the provisions of this Ordinance; and said subdivider need not be the person
or persons holding title by deed to land, or holding title as vendees under land
contract or holding any other title of record, but they must be authorized agents.
38.
37. Subdivision (or subdivided lands): Improved or unimproved land or lands
divided or proposed to be divided for the purpose of sale or lease, whether
immediate or future, into six or more lots, parcels or fractional interests.
Subdivision or subdivided lands include a stock cooperative and include divided or
proposed to be divided as part of a common promotional plan. This paragraph
shall not apply to leasehold offerings of one year or less, or to the division or
proposed division of land located in the State of Arizona into lots or parcels each
of which is or will be thirty-six acres or more in area including to the center line of
dedicated roads or easements, if any, contiguous to the lot or parcel and provided
further that this definition shall not be deemed to include the leasing f agricultural
lands, or of apartments, offices, stores, hotels, motels, pads or similar space within
an apartment building, rental recreational vehicle community, rental manufactured
home community, rental mobile home park or commercial building, except that
residential condominiums as defined in Arizona Revised Statutes, Title 33, Chapter
9 shall be included in this definition nor shall this definition include the subdivision
into or development of parcels, plots, or fractional portions within the boundaries
of a cemetery that has been formed and approved pursuant to State Statutes.
38. Subdivision Coordinator: Individual designated to route subdivision reviews to
relevant agencies and designated to review a subdivision plat in accordance with
the subdivision regulations.
39. Technical Advisory Committee (T.A.C.): A Technical Review Committee made
up of employees from the Maricopa County Department of Transportation, the
Maricopa County Flood Control District, the Maricopa County Environmental
Services Department and the Maricopa County Planning and Development
Department.
40.
Through Lot: A lot having a pair of opposite lot lines abutting two streets, and is
not a corner lot. On such lot, both lot lines are front lot lines, except where a non
vehicular access easement has been established on such a lot, the front lot line
shall be considered as that lot line not containing the non-access easement.
41.
Unit: A portion of a condominium designated for separate ownership or
occupancy.
42.
Utilities: Installations or facilities, underground or overhead, furnished for the use
of the public electricity, gas, steam, communications, water, drainage, sewage
collection, treatment and disposal, cable TV, telephone or flood control, owned and
operated by any person, firm, corporation, municipal department or board, duly
authorized by State or municipal regulations.
43.
Utility Committee: An individual or group of individuals designated by the several
utility companies as their representative(s) in subdivision matters related to
location of any or all private utilities.
44.
Way, Pedestrian: A public walk provided entirely through a block from street to
street and/or providing access to a school, park, recreation area or a shopping
center.
SECTION 201. PURPOSE
The purpose of this Chapter is to establish application, review, approval, and recordation
processes for subdivisions (i.e., preliminary plats, final plats, replats, waivers, corrective
plats, lot line relocations), and Development Master Plans.
SECTION 202. PRELIMINARY PLAT
The preliminary plat stage of land subdivision includes detailed subdivision planning by
subdivider, application submittal, review of the plat by the Department, the Technical
Advisory Committee, and review and action by the Department Commission.
1.
APPLICATION SUBMITTAL: A preliminary plat application shall be made to the
Department. Such application shall be made on forms, together with documents
and drawings, the precise contents of which shall be as provided by administrative
guidelines in the application packet as adopted by the Maricopa County Board of
Supervisors. The preliminary plat application will not be considered accepted for
processing or approval until all required information as described in the
application and aforementioned administrative guidelines is provided to the
Department and appropriate fees as provided herein are paid.
2.
INFORMATION REQUIRED FOR PRELIMINARY PLAT SUBMITTAL:
A preliminary plat shall contain the following information areas (more detailed
information required shall be as specified in the application packet Administrative
Guidelines):
a.
Identification of the subdivision by name, location, legal description and
zoning district.
b.
Identification of persons involved in the preliminary plat application (e.g.,
owner, subdivider, engineer, surveyor).
c.
Location of all lots in the subdivision and verification of Zoning Ordinance
compliance. All lots which are considered potentially reserved for school
sites and fire stations in accordance with Section 308 of these regulations
shall also be shown on the preliminary plat.
d.
Location of all public streets and private rights of way, both existing and
proposed.
e.
Quantification, and accurate location of all drainage features (e.g.
regulatory and delineated floodplains, lakes, streams, washes, canals,
irrigation laterals or tailwater ditches, drainage easements, drainage tracts,
and retention or detention facilities), both existing and proposed.
f.
Identification of method of providing domestic water supply and sewage
collection, treatment and disposal facilities, both existing and proposed.
g.
Identification and location of all utilities in and for the subdivision, both
existing and proposed.
h.
Identification of method of fire protection.
i.
Identification of a condominium and its characteristics, if applicable, and
its conformance with zoning ordinance standards.
j.
Identification of a Unit Plan of Development and its characteristics, if
applicable, and its conformance with zoning ordinance standards.
k.
A list by lot, parcel and/or tract number that identifies lot width and area for
each lot, parcel and/or tract.
l.
Any other information as may be required by the administrative guidelines
included in the application packet, in order to carry out the purpose and
intent of these Regulations.
m.
Preliminary plat boundaries shall include all portions of any existing parcel
included in the subdivision.
3.
DEPARTMENT/TECHNICAL ADVISORY COMMITTEE REVIEW PROCESS:
a.
The subdivision shall be designed to comply with the requirements of the
specific zoning district within which it is located. In the event that a change
of zoning is necessary, a rezoning application may be processed
concurrently.
b.
Upon acceptance of the preliminary plat application, the Department will
distribute all application information to the following reviewing offices:
1.
Maricopa County Department of Transportation (MCDOT)
2.
Flood cControl District of Maricopa County (FCDMC)
3.
Maricopa County Environmental Services Department (MCESD)
4.
Maricopa County Department of eEmergency Management
(MCDEM) (where warranted)
5.
Maricopa County Parks & Recreation Department
6.
Maricopa County Library District Arizona Game and Fish Department
(AZGFD)
7.
Arizona Department of Transportation (ADOT) (where warranted)
8.
Arizona Department of Water Resources (ADWR)
9.
Arizona State Historic Preservation Office (AZSHPO)
10.
Luke Air Force Base (where warranted)
11.
Salt River Project or Arizona Public Service as applicable
12.
Rural Metro, Arizona Fire and Medical Authority or other appropriate
fire department or district
13.
Superintendent of the appropriate school district
14.
Any city or town within three miles of the limits of the proposed
subdivision
15.
Other organizations, irrigation districts, service providers or
individuals with special expertise or interest
c.
Upon acceptance of the preliminary plat application, the Department will
schedule the matter for review at the next available Technical Advisory
Committee meeting. The purpose of this Committee meeting is to resolve
with all affected parties, technical problems with the proposed subdivision
before hearing by the Commission. The subdivider and/or his
representative(s) is/are required to attend the Technical Advisory
committee to meet together with representatives of the Committee. More
than one Technical Advisory Committee meeting may be required.
d.
The preliminary plat will not be approved scheduled for hearing by the
Commission unless:
1.
It contains all of the required information as specified in the
application packet to Department satisfaction; and
2.
Written responses have been received from all county departments
which have representatives on the Technical Advisory Committee that
the preliminary plat is in satisfactory form.;
3.
All fees and fines owed to the Department as a result of any activity or
inactivity attributable to the property that is the subject of application
are brought current and paid in full or any amounts owed pursuant to
an agreement of compliance are current, as the case may be; and
4.
Scheduling Approval of a preliminary plat for a commission hearing
will be dependent upon adequacy of data presented and completion
of review by all agencies concerned.
4.
PRELIMINARY PLAT APPROVAL:
a.
If satisfied that all requirements of these regulations have been met, the
Commission County may approve the preliminary plat subject to
stipulations. If approved a notation of approval shall be stamped on two
copies of a digital version of the plat, one being returned to the subdivider
and one retained in the permanent file of the Department. Once approved,
stipulations of approval can only be modified by the Commission subject to
the required fee.
b.
If the Commission Department finds that the plat requires revision, the plat
shall be held over pending subject to resubmittal and additional review
revisions, resubmittal, processing and rescheduling for hearing.
c.
If approval of a plat is rejected denied by the Department, the new filing of
a plat for the same tract, or any part thereof, shall follow the aforementioned
procedure and be subject to the required fee. If the plat is rejected, it shall
be forwarded to the Board of Supervisor’s (BOS) for final disposition. If the
BOS rejects the plat, any new filing of the plat shall not be filed within a
period of one (1) year unless in the opinion of the Commission there is a
change of circumstances warranting such filing. A preliminary plat that is
denied approval by the Department may appeal to the Planning and Zoning
Commission and the Board. An appeal must be requested on an official
application form within thirty (30) calendar days of issuance of the decision
to deny the plat. Following the request to appeal, the Department will
schedule the appeal for the next available meeting of the Planning and
Zoning Commission who will make a recommendation to the Board or
remand the matter.
d.
Preliminary plat approval constitutes authorization for the subdivider to
proceed with the preparation of the final plat and the final engineering plans
and specifications for public improvements. Final engineering plans shall
be based on the design criteria in place at the time of application for the
Final Plat
Preliminary approval is based on the following:
1)
The basic conditions under which preliminary approval of the plat is
granted will not be changed prior to the expiration date.
2)
Preliminary plat approval is valid for a period of twenty four (24)
months from the date of approval Commission action.
3)
For a preliminary plat that includes phases, the preliminary plat shall
remain valid for a period not to exceed twenty-four (24) months from
the date of recording of any final plat that conforms to the approved
preliminary plat. This validity period may be administratively
extended an additional twelve (12) months from the date of
expiration, if in the opinion of the Director, satisfactory progress has
been made towards completion of the final plat for the next phase of
subdivision development. *3
e.
No application shall be scheduled for an appeal hearing by any board or
commission acting pursuant to the “Maricopa County Subdivision
Regulations (MCSR)”, or administratively approved unless and until all fees
and fines owed to the Department as a result of any activity or inactivity
attributable to the property that is the subject of the application are brought
current and paid in full or any amounts owed pursuant to an agreement of
compliance are current, as the case me be. This requirement shall not be
waived by the board/commission. *1 *2
5.
PRELIMINARY PLAT EXTENSIONS:
a.
Upon written request by the property owner, a preliminary plat may be
administratively extended for an additional period not to exceed twelve (12)
months from the date of the expiration of the original approval by the
Planning Commission, if in the opinion of the Director, evidence has been
submitted indicating that satisfactory progress has been made towards
completion of the final plat. Among other evidence, evidence of satisfactory
process may include:
1) Submittal of a final plat application;
2) Documentation of a substantial delay necessitating the request; and/or,
3) Evidence demonstrating an impending purchase of the land and an
immediate intent to submit a final plat once the purchase occurs.
b.
If in the opinion of the Director, satisfactory progress has not been made
then an application for a new preliminary plat will be required and the new
application must follow the procedures outlined in Section 202 the request
for extension will be scheduled for formal review by the Planning
Commission.
c.
If any changes other than a time extension to the original approval of the
preliminary plat by the Commission County are proposed such as phasing,
stipulations of approval, etc. an application for a new preliminary plat will
be required and will follow the procedures outlined in Section 202.
d.
No application shall be scheduled for an appeal hearing by any board or
commission acting pursuant to the “Maricopa County Subdivision
Regulations (MCSR)”, or administratively approved unless and until all fees
and fines owed to the Department as a result of any activity or inactivity
attributable to the property that is the subject of the application are brought
current and paid in full or any amounts owed pursuant to an agreement of
compliance are current, as the case me be. This requirement shall not be
waived by the board/commission. *1*2
SECTION 203. FINAL PLAT
The final plat stage of land subdivision includes submittal, review and approval of the
final plat and improvements required by the County Board and recording of the plat with
the County Recorder. The final plat shall conform to the approved preliminary plat and
any stipulations of approval thereto made by the Commission.
1. APPLICATION SUBMITTAL: A final plat application shall be made to the
Department. In accordance with Arizona Revised Statutes, Section 32-101, a land
surveyor registered in the State of Arizona is the only person that can sign a final
plat. A registered engineer cannot sign a final plat unless he is registered as a land
surveyor and uses the surveyor seal. Such application shall be made on forms,
together with documents and drawings, the precise contents of which shall be as
provided by administrative guidelines included in the application packet as
adopted by the Maricopa County Board of Supervisors. The application must be
submitted a minimum of 75 working days prior to the regular meeting at which the
subdivider desires to be heard by the Board (this period of time for review may be
shorter or longer based on the applicant's compliance with technical aspects of
these Regulations). The final plat application will not be considered for processing
or approval until all required information as described in the aforementioned
administrative guidelines included in the application packet is provided to the
Department and appropriate fees as provided herein are paid.
2.
INFORMATION REQUIRED FOR FINAL PLAT SUBMITTAL: A final plat shall
contain the following information areas (detailed information required shall be as
specified in the administrative guidelines included in the application packet):
a.
Identification of the subdivision by name, location, legal description and
zoning district.
b.
Identification of persons involved in the plat preparation (e.g., owner,
subdivider, engineer, surveyor, etc.).
c.
Identification of all lots in the subdivision utilizing engineered data. This
shall include certification by a registered professional land surveyor
preparing the plat that it is correct and accurate. All lots which have been
recommended by the County Commission to be reserved for school sites
and fire stations in accordance with Section 308 of these regulations shall
also be shown on the final plat.
d.
Identification of all public streets and private rights of way. This shall
include the identification of dedication of all streets and alleys for public
use, and an acknowledgment of that dedication.
e.
Identification and accurate location of all drainage or water features such
as washes, floodplains, drainage tracts or easements, lakes, etc.
Maintenance
responsibilities,
building
restrictions,
and
access
requirements shall be specified for tracts or easements used for drainage,
using language approved by the Flood Control District.
f.
Identification of method of fire protection.
g.
Identification of a condominium and its characteristics, if applicable, and
its conformance with zoning ordinance standards.
h.
Identification of a Unit Plan of Development and its characteristics, if
applicable, and its conformance with zoning ordinance standards.
i.
Assurance Statements:*4
1)
Format of Assurance Statements shall be as specified in the
administrative guidelines. Provided on the plat as follows:
“Assurance, for provision of required subdivision improvements and
infrastructure, sufficient to protect Maricopa County and in
accordance with the requirements of A.R.S. § 11-821 and A.R.S. §
11-822 and the Zoning Ordinance for the Unincorporated Area of
Maricopa County has been provided in a form acceptable to the
Director of the Maricopa County Planning and Development
Department, in consultation with the County Engineer.” or,
A statement that all improvements associated with the subdivision
are existing and approved.
2)
Assurance requirements:
A.
In order to ensure the proper installation of all required
improvements by the subdivider, assurances are required for
street, sewer, drainage, flood control and other improvements
meeting established minimum standards of design and
construction. Assurances may be required for sewer, electric
and water utilities, or related support facilities, at the county’s
discretion. In order to mitigate adverse impacts from
construction, at the county’s discretion, assurance shall be
required for restoration/remediation of disturbance, and/or
any other item of concern. There shall be a demonstration of
adequate water supply. A 100 Year Assured Water Supply
must be provided for all subdivision lots within an Active
Management Area.
B.
An assurance shall be provided prior to Board approval of any
plat.
C.
Should the assurance be in the form of an agreement, such
agreement shall be recorded.
D.
Maricopa County shall be named as beneficiary of the
assurance.
E.
Types of assurances: Maricopa County, at its discretion, may
accept any, or a combination, of the following assurances in
a form and substance approved by the County attorney and
acceptable to the Board:
a.
Cash or certified check.
b.
Surety (performance) bonds executed by a company
authorized and licensed to do business in the State of
Arizona, ensuring the performance of the principal
(developer or owner) as required by this section.
c.
Certificate of deposit, United States Treasury bills, or
any security guaranteed by the United States
government.
d.
A deposit of money or negotiable bonds, of the kind
approved for securing deposits of public monies, with
a responsible escrow agent or trust company
authorized and licensed to do business in the State of
Arizona;
e.
An un-expirable irrevocable letter of credit in favor of
Maricopa County from a third-party financial institution
authorized and licensed to do business in the State of
Arizona;
f.
Third party trust agreement as long as it meets all the
requirements listed below:
i.
The placement of the title to the subdivision in
trust with a third-party escrow agency or trust
company authorized and licensed to do
business in the State of Arizona along with an
agreement between the trustee and Maricopa
County that title to any lot or parcel within the
subdivision shall not be transferred until all
improvements required by these regulations
have been installed, accepted by Maricopa
County, and written approval for release has
been granted by Maricopa County to the escrow
agency or trust company holding the property in
trust.
ii.
The agreement shall contain a condition
authorizing Maricopa County to abandon the
subdivision and re-subdivide the property
should the required improvements fail to be
installed in compliance with Maricopa County’s
standard specifications.
iii.
Partial lot releases may be allowed for each
recorded final plat. The Board, or its designee,
shall not authorize any release until the required
improvements, as determined by Maricopa
County, have been completed.
iv.
After final plat approval, building permits for
model homes may be issued prior to completion
of all required improvements for each release.
These homes shall not be sold to individual
property owners or occupied for residential use
until they are in compliance with all County
codes and released for sale by the County.
Additional model home building permits for
subsequent releases shall not be issued for
subsequent releases until improvements are
completed in the previous release unless
specifically approved by the Director of the
Planning and Development Department.
v.
The subdivider shall record the approved third
party trust agreement before plat approval and
note the recording information on the face of
the final plat.
vi.
A third party trust agreement may
be
substituted for an existing assurance where no
lots have been sold in the subdivision.
g.
Or other form of assurance as deemed appropriate by
the Director of the Planning and Development
Department in consultation with the County Engineer.
F.
Board of Supervisors’ approval: The approval of the Board of
Supervisors shall be endorsed in writing on the plat and shall
include specific identification of an approval of the
assurances required by these regulations. The approval does
not require a public hearing and the endorsement is made by
signature of the Chairman of the Board of Supervisors.
G.
Substitute assurances and time extensions.
a.
Requests for substitute assurances or assurance
agreement time extensions shall be submitted in
writing to the subdivision coordinator for review by the
Director of the Planning and Development Department
and the County Engineer, or as delegated by the Board
of Supervisors.
b.
These
departments
shall
provide
written
recommendations to the subdivision coordinator, who
shall forward them the recommendations to the
Director of the Planning and Development Department
and the County Engineer, or as delegated by the Board
of Supervisors for final decision.
H.
Release of assurances.
a.
Requests to release subdivision assurances shall be
submitted in writing to the subdivision coordinator for
review by the Planning and Development Department
and the Department of Transportation, or as delegated
by the Board of Supervisors.
b.
These
departments
shall
provide
written
recommendations to the subdivision coordinator, who
shall forward them to the Director of the Planning and
Development Department and the County Engineer, or
as delegated by the Board of Supervisors.
j.
Certifications from the following Maricopa County Agencies (specific
format of Certifications shall be as specified in the administrative
guidelines included in the application packet):
1)
Maricopa County Department of Transportation or Planning and
Development, as applicable.
2)
Maricopa County Assessor.
3)
Maricopa County Treasurer.
k.
A statement regarding adherence with the provisions of Article 1112 of the
Maricopa County Zoning Ordinance (Outdoor Light Control Provisions).
l.
Notes on final plat delineating ownership and maintenance of all private
streets and tracts.
m.
Space for approval of the Board under the signature of the Chairman of the
Board and attested to by the Clerk of the Board.
n.
A list by lot, parcel and/or tract number that identifies lot width and area for
each lot, parcel and/or tract. (Identify by footnote all changes made from
preliminary plat list.)
o.
Any other information as may be required by the Department administrative
guidelines, in order to carry out the purpose and intent of these Regulations.
3.
DEPARTMENT/COUNTY AGENCIES REVIEW PROCESS:
a.
1.
Maricopa County Department of Transportation (MCDOT)
2.
Flood Control District of Maricopa County (FCDMC)
3.
Maricopa County Environmental Services Department (MCESD)
4.
Maricopa County Department of Emergency Management (MCDEM)
(where warranted)
5.
Maricopa County Parks & Recreation Department
6.
Maricopa County Library District Arizona Game and Fish Department
(AZGFD)
7.
Arizona Department of Transportation Department (ADOT) (where
warranted)
8.
Arizona Department of Water Resources (ADWR)
9.
Arizona State Historic Preservation Office (AZSHPO)
10.
Luke Air Force Base (where warranted)
11.
Salt River Project or Arizona Public Service as applicable
12.
Rural Metro, Arizona Fire and Medical Authority or other appropriate
fire department or district
13.
Superintendent of the appropriate school district
14.
Any city or town within three miles of the limits of the proposed
subdivision
15.
Other organizations, irrigation districts, service providers or
individuals with special expertise or interest
The reviewing offices shall make known their recommendations in writing
addressed to the department. The department shall assemble the
recommendations of the various reviewing offices, and will make them
available to the subdivider for any necessary revisions or corrections.
b.
The reviewing agencies shall review said final plat. Once each of the
primary reviewing agencies (Planning and Development, Department of
Transportation, Engineering Plan Review – Flood Control, Engineering Plan
Review – Drainage, Environmental Services and the Fire District, as
applicable) have indicated the proposed final plat was prepared in
accordance with their respective requirements, the Planning and
Development Department shall inform the subdivider of such. Upon such
notification, the subdivider shall prepare no less than two (2) mylar copies
of the final plat. The subdivider shall sign and have notarized the
appropriate acknowledgements and dedications, and shall present said
mylars to the Maricopa County Department of Transportation (MCDOT) for
review and acceptance by the County Engineer (or Planning Director in the
event of alternative assurances). Upon said acceptance, the subdivider
shall retrieve the mylars from MCDOT and shall present said mylars to the
Planning and Development Department, who shall then forward said mylars
to the County Assessor’s Office and County Treasurer’s Office for their
respective signatures. Upon receipt of said signatures, the Planning and
Development Department shall retrieve said mylars and schedule the final
plat for review forward said mylars for signature by the Chairman of the
Board of Supervisors for signature pursuant to state statute.
c.
No application shall be scheduled for an appeal hearing by any board or
commission acting pursuant to the “Maricopa County Subdivision
Regulations (MCSR)”, or administratively approved unless and until all fees
and fines owed to the Department as a result of any activity or inactivity
attributable to the property that is the subject of the application are brought
current and paid in full or any amounts owed pursuant to an agreement of
compliance are current, as the case me be. This requirement shall not be
waived by the board/commission. *1 *2
d.
If approval of a plat is denied by the Department, the new filing of a plat for
the same tract, or any part thereof, shall follow the aforementioned
procedure and be subject to the required fee. A final plat that is denied
approval by the Department may appeal to the Planning and Zoning
Commission and the Board. An appeal must be requested on an official
application form within thirty (30) calendar days of issuance of the decision
to deny the plat. Following the request to appeal, the Department will
schedule the appeal for the next available meeting of the Planning and
Zoning Commission who will make a recommendation to the Board or
remand the matter.
4.
FINAL PLAT APPROVAL: Upon completion of the above signature procedure, the
final plat shall be forwarded by the Planning and Development Department to the
Board of Supervisors for approval provided the reviewing agencies have certified
that their requirements have been met. The Department shall then assemble the
above information, prepare a concise summary of the requirements and submit
said summary together with the reviewers' recommendations at the next regular
meeting of the Board. A final plat will not be approved unless:
a. It contains all of the required information as specified in the application packet
to Department satisfaction;
b. Written responses have been received from all county departments which have
representatives of the Technical Advisory Committee that the final plat is in
satisfactory form;
c. The related infrastructure permit is in “ready to issue” status;
d. All fees and fines owed to the Department as a result of any activity of inactivity
attributable to the property that is the subject of application are brought current
and paid in full or any amounts owed pursuant to an agreement of compliance
are current, as the case may be;
e. All assurances and dedications have been processed as per County
requirements; and
f. All final plat certifications have been executed.
5. FINAL PLAT RECORDATION: When the final plat has been approved by the Board,
the mylar copies of the final plat shall be transmitted to the Clerk of the Board for
signature. Upon such signature, the Clerk of the Board shall notify the Planning
and Development Department, who shall in turn retrieve said mylars and present
to the County Recorder’s Office for recordation. If the recorder finds the mylars
clear and legible, the recorder shall record all copies of the mylars and shall retain
one (1) set for the public record, returning all remaining sets to the Planning and
Development Department, who shall inform the subdivider that the plat has been
recorded. If the recorder finds the mylars unsatisfactory, the recorder shall not
record the mylars and shall return the mylars to the Planning and Development
Department, who shall coordinate with the subdivider to remedy the deficiencies.
Upon successful recordation, the subdivider shall retrieve the remaining mylars
from the Planning and Development Department after reimbursing the Planning
and Development Department for any redording fees. The subdivider shall provide
the Planning and Development Department with five (5) full size bond copies of
the recorded final plat. The subdivider shall also provide a copy of the approved
final plat, in digitized form, to the Planning and Development Department and no
final plat shall be recorded until the digitized plat is submitted. The digitized
version of the approved final plat shall conform to the requirements and guidelines
for digitized plats prepared by the Maricopa County Department of Transportation
and the Maricopa County Recorders Office. Once the final plat is approved, the
plat mylars shall be recorded by the developer with the Maricopa County Recorder.
Two paper copies and a digital copy of the recorded plat shall be submitted to the
Department of Planning and Development.
SECTION 204. REPLATS
1.
Any division of a lot or lots in a recorded subdivision into six (6) or more adjoining
lots in a recorded subdivision, or in altering a tract specified for a specific use
within the subdivision, but creating no new street, shall be processed in
accordance with Section 203 (Final Plats) of these Regulations.
2.
Any replat involving dedication of land for a public street or the creation of more
than six (6) or more lots shall comply with all procedures set forth in Sections 202
(Preliminary Plat) and 203 (Final Plat) of these Regulations unless, at the discretion
of the Director, the preliminary plat stage is waived.
3.
If abandonment of a street, public alley or easement (e.g., utilities, drainage,
access, equestrian, non-vehicular, etc.) in a previously recorded subdivision is
necessary during the process of replatting, the replat shall be processed in
accordance with Sections 202 (Preliminary Plat) and 203 (Final Plat) of these
Regulations, unless, at the discretion of the Planning and Development Director,
the preliminary plat stage is waived. Abandonments of patent easements and
open and declared MCDOT rights-of-way shall occur through the abandonment
processes established by MCDOT and the Maricopa County Real Estate
Department (MCRED).
SECTION 205. CORRECTIVE PLATS
1.
At the determination of the Director, corrections of minor survey, drafting or
typographical errors on a recorded plat may be made with a corrective plat. These
corrections must be illustrated on the recorded plat for clarity.
2.
The corrective plat should indicate the items to be corrected and the reason for
the correction. This shall be accomplished by adding a plat note to the recorded
plat. The note(s) shall be signed and sealed by the party responsible for the plat.
In addition, the word corrective shall be added to the title block.
5.
The corrective plat will be reviewed by the department for completeness and
accuracy. If no revisions are necessary, the plat will be returned to the developer
so that they are able to re-recorded the plat with the Maricopa County Recorder’s
Office after receiving an approval signature from the Director.
6.
At the discretion of the director an affidavit of correction may be substituted for a
corrective plat, but will be subject to the same requirements of a corrective plat as
otherwise outlined in this section.
7.
Any change to a recorded plat beyond the criteria of a corrective plat, including a
replat of lots or tracts, shall comply with the requirements of a preliminary and
final plat at the discretion of the Director.
SECTION 206. ABANDONMENTS
Pursuant to provisions of Title 18, Chapter 2, Article 1, Section 18-201, and Title 28,
Chapter 14, Article I, Subsections 28-1901 through 28-1908, ARS, the abandonment of all
or part of a recorded subdivision may be initiated by written petition to the Board, said
petition to be signed by ten or more owners of real property in Maricopa County,
requesting abandonment of all streets, alleys and easements within said subdivision and
giving the legal description and recording information thereof. Applications for
abandonment are filed with the Clerk of the Board and referred for recommendation to
the Maricopa County Department of Transportation and the utility companies concerned.
After approval of the abandonment of the streets, alleys and easements by the Board and
upon recordation of the Abandonment Resolution and a subsequent County Road Map in
the office of the Maricopa County Recorder, the subdivision is removed from official
maps and the land reverts to acreage as far as the Assessor's records are concerned.
Requests for abandonment of all or a portion of a recorded plat may be made by petition
of 100% of the affected property owners of record, or by vote of the duly elected officers
of a homeowner’s/property owner’s association registered with and in good standing with
the Arizona Corporation Commission, or by petition of ten (10) registered voters in
Maricopa County. The Department may approve the abandonment or re-delineation /
relocation of public rights of way and/or easements illustrated on a plat; and may delete
or modify notes shown on a recorded plat.
SECTION 207. DEVELOPMENT MASTER PLANMASTER PLATS
The Development Master Plan stage of land planning provides a site specific
arrangement of various land uses, and includes conceptual planning by the owner; review
of the Development Master Plan by the Department/Technical Advisory Committee;
review and approval by the Commission; and approval by the Board of Supervisors.
1.
APPLICATION SUBMITTAL: Application for approval of the Development Master
Plan shall be made to the Department whenever it is the decision of the
Department that:
a.
The tract is sufficiently large enough to comprise an entire community;
b.
The tract initially proposed for platting is a portion of a larger land holding
of 640 acres or more of the owner or subdivider;
b.
Or the tract is a part of a larger land area, the development of which is
complicated by unusual topographic, land use, land ownership or other
conditions. Such application shall be made on forms, together with
documents and drawings, the precise contents of which shall be as
provided by Development Master Plan Guidelines as adopted by the
Maricopa County Board of Supervisors. The Development Master Plan
application will not be considered accepted for review until all required
information as described in the Development Master Plan Guidelines is
provided to the Department and appropriate fees as provided therein are
paid.
A master-planned development with multiple subdivision phases and/or plans of
development may have a Master Plat creating parcels for the future phases of
development and dedicating arterial and collector roads. The Master Plat shall be
processed in the same manner as a Preliminary and Final Plat with the subsequent
individual phases being processed as a replat. Master Plat phases shall have approved
infrastructure plans in accordance with Engineering requirements. Master Plat phases
processed as a replat shall also be in substantial conformance with the Preliminary Plat.
Date of Revisions
*1
Effective 6-01-2009 TA2009004
*3 Effective 3-16-2011 - TA2010021
*2
Effective 6-1-2010 TA2010004
*4 Approved 5-4-2016 - TA2015005
SECTION 301. PURPOSE
The purpose of this Chapter is to identify principles of good subdivision design (as
provided in the administrative guidelines in the application packet as adopted by the
Maricopa County Board of Supervisors upon recommendation of the Planning and Zoning
Commission and adopted herein by reference), identify minimum required subdivision
standards of the Department and other County agencies, and further to identify the
minimum improvement standards required for approved subdivisions.
SECTION 302. SUBDIVISION DESING PRINCIPLES
Acceptable subdivision design principles are as provided in the administrative
guidelines. The areas of acceptable subdivision design which are specified in the
administrative guidelines are as follows:
1.
Neighborhood planning considerations.
2.
Streets and highways.
3.
Block and lot design.
4.
Alley and easement design.
5.
Drainage and detention/retention of storm water.
6.
Utilities.
7.
Fire protection.
8.
Hillside subdivisions.
The Planning and Zoning Commission in its review of preliminary plats and the Board of
Supervisors in its approval of final plats may either deny subdivision plat applications or
condition them such that they conform to the above minimum acceptable design
principles.
SECTION 303. DESIGN STANDARDS
All lots in any subdivision shall be designed based upon the precepts of good engineering,
planning, and design and in accordance with all Maricopa County rules, regulations,
ordinances, and guidelines. The following subdivision standards, presented on an
agency-by-agency basis, are the minimum required standards for subdivision
development. No final or record plat of any subdivision shall be approved unless the
following standards of development are complied with:
1.
MARICOPA COUNTY PLANNING AND DEVELOPMENT DEPARTMENT:
a.
No final plat of land subject to the existing Zoning Ordinance or existing
Building Code shall be approved unless it conforms to such ordinance or
code. Whenever there is a discrepancy between minimum standards or
dimensions noted herein and those contained in Zoning Ordinance
regulations, building code or other official regulations, the highest
standards shall apply.
b.
Lot width and area shall be closely related to the terrain, drainage,
percolation factors or construction of sanitary sewers, with emphasis
placed on selection of homesites and access to the homesites.
c.
"Panhandle", flag lots, double frontage and other unorthodox lotting
arrangements, when permitted under zoning ordinance standards, may be
permitted so long as it can be adequately demonstrated that no lot will be
adversely affected by any other lot so arranged.
d.
Corner lots for residential use shall be wider than the minimum lot width
required in the zoning district in which the lots are located in order to
provide adequate yard setbacks from both streets.
e.
Property line corners at street intersections shall be rounded by arcs having
a minimum tangent length of 12 feet. Property line corners at streets and
alleys for all subdivisions and at street accesses (i.e., driveways) for multi-
family, commercial or industrial subdivisions shall provide a "sight-distance
triangle" as required in Article 1111.4 of the zoning ordinance (with 25 foot
triangle "legs" at street intersections and ten foot triangle "legs" at alleys
and street accesses).
f.
Side lot lines shall be substantially at right angles or radial to street lines,
and shall be straight unless dictated by topography or other physical
reasons.
g.
Rear lot lines shall avoid acute angles with side lot lines and shall be straight
unless dictated by topography or other physical reasons.
h.
Names of streets shall be consistent with the existing alignments and
extensions of existing streets. If new street names must be used, they shall
comply with County Addressing Regulation Ordinance.
i.
Corner lots adjacent to key lots are to be mitigated by platting of landscape
or other tracts of at least five foot in width so there is no actual corner lot;
or lot boundary is designed so that the key lot and corner lot is designed to
include a ten (10) foot site triangle as part of the key lot.
j.
Through lots are to be mitigated by platting of landscape or other tracts of
at least five foot in width so there is no actual through lot; or by platting of
a vehicular non-access easement to prohibit access to a frontage
particularly if the frontage is a street along the subdivision perimeter or is a
collector or arterial.
k.
Lots subject to the Hillside Regulations of this Ordinance or the Maricopa
County Zoning Ordinance should be discouraged unless significantly larger
than the minimum lot area and minimum lot width of the respective zoning
district.
l.
Reserved for cul-de-sac standard
2.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION:
a.
The arrangement of streets in new subdivisions shall make provision for the
continuation of the principal existing streets in the adjoining areas of their
proper projection where adjoining land is not subdivided insofar as they
may be deemed necessary for public requirements. Roads or streets within
or serving a subdivision shall be designed and constructed in conformance
to the most recent edition of the MCDOT Roadway Design Manuals.
b.
Whenever a subdivision adjoins a major thoroughfare, access to all
residential lots shall be provided from other than the major thoroughfare.
In case of lots fronting on a section line road, it is required that a frontage
road be provided in addition to the major thoroughfare. (See MCDOT
Roadway Design Manual). Sidewalks shall be provided under the following
conditions in subdivisions:
1. In residential subdivisions with lots having an area of 18,000 square feet
or less; and,
2. Along any curbed public street.
c.
The width of all major thoroughfares shall conform to the width designated
on the adopted County Plan and in the absence of an adopted County Plan,
minimum right-of-way widths shall be provided as determined by the
County Engineer. Sidewalk locations shall be in accordance with the
MCDOT Roadway Design Manual.
d.
Design standards for street construction have been established by The
Maricopa County Department of Transportation and approved by the Board.
For further details, refer to the MCDOT Roadway Design Manual.
e.
Residential streets (See MCDOT Roadway Design Manual) service
residential areas of subdivisions and areas of low traffic generation. Curbs
may be either MAG Standard 220 Type A or C at the option of the developer.
In subdivisions with lot sizes of 18,000 square feet and above, 28 foot width
of paving with a thickened edge will be required as a minimum (See MCDOT
Roadway Design Manual). Sidewalks shall be provided under the following
conditions in subdivisions: 1) In residential subdivisions with lots
containing less than 18,000 square feet, and 2) along any curbed public
street. Sidewalk locations shall be a minimum of five feet behind back of
curb for streets with speeds of 45 m.p.h. or greater (generally streets with
a half width right-of-way of 40 feet or greater) and at back of curb for all
other streets. Master Planned Communities that are developing in
accordance with Development Master Plans approved prior to the effective
date of these regulations and Development Master Plans subsequently
amended will be allowed to continue their existing approved approach to
sidewalks.
f.
Residential collector streets (See MCDOT Roadway Design Manual) act as
traffic collectors in subdivisions, or streets with medium traffic generation
and generally terminate at a section line or mid-section line road. Curbs may
be either MAG Standard 200 Type A or C, at the option of the developer.
g.
Major collector/high volume streets (See MCDOT Roadway Design Manual)
are usually found at the mid-section location and are designed to handle
four moving lanes of traffic, if necessary. A major collector is usually two to
three lanes in width. Curbs must be MAG Standard 220 Type A.
h.
Arterial streets or section line roads (See MCDOT Roadway Design Manual)
are used to handle through traffic of high volume and designed to
accommodate four to six moving lanes with a raised median or continuous
left turn lane. In cases where the road is designed with a median island,
that island is to be normally 14 feet face to face of curb with left turn lanes
as required. A bike lane is included in the cross section.
i.
Streets in industrial park or commercial subdivisions will be wider, have
more strength structurally than residential streets, and be required to have
sidewalks. Typical Sections are contained in MCDOT Roadway Design
Manual.
j. d.
Private streets may be platted with the concurrence of the Maricopa County
Department of Transportation and the Commission under the following
conditions:
1)
That easements tracts satisfactory to the County Engineer be
platted for roadway and utility purposes.
2)
That satisfactory assurance, adequate to guarantee construction of
these private streets to at least a standard commensurate equal with
to that required under County MCDOT pavement standards for
subdivisions with lots of comparable size public streets will be
deposited required with the County Engineer prior to recording of the
final plat, or such street constructed and approved prior to recording
of the final plat. The final plat must contain the certification
assurance statement called for in Article II, Section 203 of these
Regulations.
3)
That provision, satisfactory to the County Engineer, is made for
maintenance of the streets.
4)
That adequate provision is made for access of emergency
vehicles, utility vehicles, and vehicles providing services such as
garbage and trash pickup.
5)
That proper access to the subdivision shall be demonstrated
including surfacing as per the MCDOT Roadway Design Manual and
the Maricopa County Ordinance Addressing Requirements for
Permits to Work in Right-of-Way within Unincorporated Maricopa
County, between the nearest paved road and the subdivision. A
public subdivision shall have public access. A subdivision shall have
a minimum of two (2) points of access regardless of the number of
lots.
5) 6) That clear statements be contained on the final plat that those
streets are declared private and remain the responsibility of the fee
title owner of the tracts in which they are contained, and will
homeowners association and not be maintained by Maricopa
County. This would not preclude dedication to and acceptance by the
County, at its discretion, if the private streets have been developed
and maintained to minimum County standards.
6) 7) That the health, safety and welfare of the occupants of the
subdivision will be adequately served thereby, and that the health,
safety and welfare of the public will not be impaired thereby.
k.
Those streets proposed to be over 1,500 feet in length shall be specifically
identified in each plat submitted, and a recommendation shall be made
regarding a "Variance/Modification" by the Maricopa County Department of
Transportation for consideration by the Commission during the preliminary
plat hearing. Dead end streets (i.e. cul-de-sacs) shall be limited to a length
of 1,000 feet, measured from the intersecting street center line to the center
of the cul-de-sac bulb. Cul-de-sacs shall provide access to no more than
fifteen (15) building lots unless a secondary emergency access is provided.
l.
The use of alleys is discouraged and in no case will be considered a primary
access to a building lot. Dead-end alleys are prohibited. Alleys will be
acceptable if the subdivider meets the guideline/construction standards of
the County Engineer. Private access roads/drives that provide primary
access to multifamily uses will be considered as privately maintained tracts
and will not be considered alleys or streets.
Where alleys are designated for public use, they shall conform to the
following standards for the type of development intended Alleys shall
conform to the following standards for the type of development
intended:
1)
Residential Alleys:
a)
Alley width shall be a minimum of sixteen feet.
b)
At the intersection of two alleys, a minimum twenty-five foot
by twenty-five foot triangle shall be provided at all corners.
c)
Shall be paved and the pavement structure shall be a
minimum of two and one-half inches (2 ½”) of asphalt
concrete over a minimum six inches of aggregate base as
determined from an engineering analysis.
2)
Commercial/Industrial Alleys:
a)
Alley width shall be a minimum of twenty feet.
b)
At the intersection of two alleys, a minimum twenty-five
foot triangle shall be provided at all corners.
c)
Shall be paved and the pavement structure shall be a
minimum of two and one-half inches (2 ½”) of asphalt
concrete over a minimum nine inches of aggregate base as
determined from an engineering analysis.
m.
Utility easements along rear lot lines shall be as straight and long as
possible in order to avoid an excessive number of manholes, poles and guy
wires at angle points. Easement widths of sixteen feet are normally
required for residential subdivisions. Drainage easement widths shall
conform with the County Drainage Regulations (see Zoning Ordinance).
n.
An easement prohibiting vehicular access (vehicular non-access
easement) from the arterial street side of double frontage lots is required.
The minimum width for said easement is one foot.
o.
For lots facing on curvilinear streets, utility easements or alleys may consist
of a series of straight lines with points of deflection not less than one
hundred twenty feet apart. Points of deflection shall always occur at the
junction of side and rear lot lines on the side of the exterior angle.
Curvilinear easements or alleys may be used, provided the minimum radius
for the alley or easement is not less than one hundred thirty-five feet.
p.
Streets in hillside subdivision:
1)
Street grades shall not exceed fifteen percent.
2)
Portions Sections of streets with grades exceeding twelve percent
shall not exceed 600 feet in length.
3)
Street right-of-way width may vary depending upon conditions.
4)
"T" or "V" type turning and backing cul-de-sacs may be
substituted for circular turnarounds for private streets.
3.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY:
a.
Residential lots shall contain a building finished floor elevation which is
above the Regulatory Flood Elevation. Design and development of a
subdivision must be in accordance with the Floodplain Regulations for
Maricopa County.
b.
In areas subject to flooding by the Regulatory Flood, approval of the type and
amount of development will be determined by the Floodplain Board in
accordance with the Floodplain Regulations for the Unincorporated Areas of
Maricopa County, Arizona.
c.
In areas subject to flooding by the Regulatory Flood where no fill is proposed,
the building line shall be located no closer to the stream, watercourse,
drainage way, or channel than the edge of the area subject to flooding. In
areas where fill is used to raise the elevation of the building site, no fill shall
be placed within any Floodway and placement of fill within the Floodplain
must comply with development standards of the County's Floodplain
Regulations.
d.
Development must be in accordance with the Floodplain and Drainage
Regulations of Maricopa County.
e.
All technical information concerning drainage shall be prepared using the
Drainage Design Manual for Maricopa County, Volume I: Hydrology, Volume
II: Hydraulics, or Volume III: Erosion. Other methodologies or procedures
may be used only with the written consent of the Flood Control District.
4.
MARICOPA COUNTY ENVIRONMENTAL SERVICES DEPARTMENT:
a.
Percolation tests and boring logs in accordance with requirements of the
MARICOPA County Environmental Services Department shall be taken at
the proposed subdivision, unless the subdivision will be served by a public
sewer system, prior to the approval of the preliminary plat.
a.
Design and development of a subdivision shall conform to the
requirements
of
the
Maricopa
County
Environmental
Services
Department.
b.
Utility easements must be shown on all lots and tracts of the subdivision.
These easements are not mandatory where other means of providing
utility access have been used.
b.
Provision of wastewater disposal shall be demonstrated other than
individual on-lot septic systems for lots fewer than one net acre (43,560
square feet).
c.
Provision for the supply of adequate and safe drinking water to all lots
must be assured.
d.
Provision for adequate sewage disposal for all lost must be assured. A
community sewer system connected to adequate treatment facilities
must be used whenever possible. The use of individual sewage disposal
systems is discouraged.
e.
Provision for safe and sanitary collection and disposal of garbage and
trash generated by the development must be provided.
5.
MARICOPA COUNTY DRAINAGE REGULATIONS:
a.
Design and development of a subdivision shall conform to the Maricopa
County Drainage Regulations (see Maricopa County Zoning Ordinance).
SECTION 304. IMPROVEMENTS
This Section shall specify the minimum acceptable required improvements that are
required in a for every subdivision. No final or record plat of any subdivision shall be
approved unless the improvements as required and listed herein have been satisfactorily
completed prior to such approval, or the owner or subdivider shall have deposited
provided satisfactory assurance(s) with the Department office of the County Engineer
assurances satisfactory to the County Engineer and County Attorney sufficient to
guarantee said improvements at such time as required by the respective County Engineer
department/agency responsible for the acceptance of said improvements as required by
Chapter 2, Section 203, Paragraphs "i" and "j", of these regulations. The owner or
subdivider shall provide the an engineer's cost estimate, including engineering and
supervision, for the proposed improvements detailed as to quantity and installed unit
price per item. The cost estimate will be reviewed by the County with the final amount of
any assurance(s) to be determined by the County. Failure to install required
improvements pursuant to the rules, regulations, and standards of the Flood Control
District of Maricopa County, Maricopa County Department of Transportation, Maricopa
County Environmental Services, Maricopa County Planning and Development or any other
Maricopa County agency or department shall constitute a violation of this ordinance.
1. STREET IMPROVEMENTS:
a.
All subdivisions with public streets shall have adequate dedicated public
access satisfactory to the County Engineer. All subdivisions with private
streets shall have adequate legal access satisfactory to the County
Engineer. A minimum of two (2) points of access shall be provided for
emergency services. Access to subdivisions with public streets shall be by
way of dedicated public right-of-way.
b.
All streets within a subdivision or development, whether public or private,
shall have been be improved, or adequate assurance shall have been
deposited with the County Engineer to guarantee construction, in
accordance with the latest edition of the "Uniform Standard Specifications
for Public Works Construction" - Maricopa Association of Governments,
together with Maricopa County Supplements, "Special Provisions for
Construction of Street Improvements" and "Special Provisions for
Installation of Underground Utilities MCDOT Roadway Design Manuals.
c.
If a subdivision borders on a street, tThe owner or subdivider shall also be
required to improve the near half of all perimeter streets in accordance with
the requirements of the Maricopa County Department of Transportation and
the Guide for Improvement of Subdivision Perimeter Streets as adopted by
the Board.
d.
The owner or subdivider is responsible for installation of surfacing between
the nearest paved road and the subdivision in accordance with MCDOT
standards.
e. d. Approval of improvement plans will be valid for a period of one year from the
date of approval. Any work not done under permit within the above period
must have plans resubmitted for review and approval for conformance with
current requirements. The approval process shall be in accordance with the
provisions and requirements of the procedure of the Maricopa County
Department of Transportation and Maricopa County Planning and
Development.
f.
The assurance deposited to guarantee required street improvements will be
released upon completion thereof conditioned however that there be
deposited with the County Engineer a bond or other satisfactory assurance
in an amount of ten percent of the cost of said improvements. The latter
bond or assurance shall be conditioned to guarantee against damage by on-
site construction for a period of one year after approval or until completion
of all construction by the developer, whichever occurs first.
2. WATER LINES:
a.
Every sSubdivisions shall be provided have with a complete water
distribution system, which will adequately and safely serve the area platted
subdivision.
b.
For subdivisions having lots 190,000 square feet or less in size, Ffire
hydrants will must be connected to an adequate water supply and shall be
provided in accordance with the recommendations or requirements of water
departments or water companies; and fire departments or districts having
jurisdictions for all subdivisions having lots 190,000 square feet or less in
size.
c.
The developer shall provide guarantees acceptable to the Board County that
the subdivision can and will receive an adequate supply of potable water
from a water system operated by a certificated water company or a
municipality. The existence of such a water company or municipality at or
adjacent to the development in itself shall not be considered an adequate
basis for approval.
d.
The developer shall be required to post satisfactory assurance with the
County Engineer as part of the aforesaid guarantee that connection to such
a water system will be made available to a lot owner at the street or alley
abutting his lot when building construction commences (or when the
building is ready for occupancy), and that fire hydrants have been installed
at approved locations.
e.
All service lines under proposed pavement must be installed prior to
placement of the final course of pavement or installed without open cutting
of the pavement.
f.
The plat shall contain a statement that a 100 Year Assured Water Supply
Certificate has been issued by the Arizona Department of Water Resources
where required.
3. SANITARY SEWERS:
a.
Where public sanitary sewers are within reasonable access of the
subdivision, in the opinion of the Maricopa County Environmental Services
Department, each lot shall be provided with a connection to such sanitary
sewer. Subdivisions shall provide for the disposal of human waste in
accordance with the rules and regulations of the Maricopa County
Environmental Services Department.
b.
Where a public sanitary sewer is not accessible, in the opinion of the
Maricopa County Environmental Services Department, proper provision shall
be made for the disposal of sanitary wastes in accordance with standards
and requirements of said department.
c.
In unsewered areas where it is determined feasible by the Maricopa County
Environmental Services Department and with the concurrence by the entity
having responsibility for sewers in the area, dry sewers will be constructed.
Individual sewage disposal systems will be installed for each lot at the time
of building construction. A mandatory abandonment of these systems will
be accomplished at the time the responsible agency has brought trunk
sewers to the area. The connection of the dry sewer system to the trunk
sewer will be mandatory and bonding for this connection may be required at
the discretion of the County Health Officer or the County Engineer.
d.
Where sewering is to be provided in accordance with this section,
paragraphs a. and c., the developer shall be required to post satisfactory
assurance with the County Engineer and guarantee installation of sewer
facilities.
4. DRAINAGE AND RETENTION/DETENTION OF STORMWATER:
a.
All necessary facilities, as determined by the Flood Control District of
Maricopa County and the County Engineer specified in Section 303 herein,
including underground pipe, inlets, catch basin, open drainage ditches, lining
or detention facilities, shall be installed to provide for adequate
retention/detention and disposal of stormwater and other surface water and
to maintain any natural drainage course. Subdivisions shall provide drainage
designs and retention of stormwater in accordance with Section 1205 of the
Zoning Ordinance for the Unincorporated Area of Maricopa County.
b.
Where a subdivision is traversed by or abuts a stream, watercourse or
drainage way, a drainage easement shall be provided. This easement shall
be capable of conveying drainage for at least a One Hundred Year Storm and
shall not be obstructed.
c.
Grading and drainage plans must be submitted and approved based upon
an approved drainage study to include additional hydrology or hydraulics if
necessary.
d.
Specification of detention/retention shall be as required by the drainage
regulation of Maricopa County.
e.
All technical information concerning drainage shall be prepared using the
Drainage Design Manual for Maricopa County, Volume I: Hydrology, Volume
II: Hydraulics, or Volume III: Erosion. Other methodologies or procedures
may be used only with written consent of the Flood Control District.
5.
REFERENCE MONUMENTS:
a.
Permanent reference monuments shall be installed in accordance with
County standards at all corners, angle points and points of curves and at all
street intersections.
b.
After all improvements have been installed; a registered surveyor or engineer
employed by the subdivider shall punch the exact points on the monuments
and certify their accuracy. As-built monument locations shall be included
with the subdivision’s infrastructure as-built plan submittal.
c.
Lot corners: Iron pipe shall be set at all corners, angle points, and points of
curve for each lot within the subdivision prior to the recording of the plat
issuance of a building permit for each respective lot in the subdivision.
Building permit applications shall contain a certification from a licensed
surveyor stating that lot corners have been set. Steel pins 1/2" x 18" may be
used as an alternate to iron pipe at property corners. Survey monuments are
designated in accordance with Section 304.5.a. the above and are not
required at property corners.
6.
STREET NAME SIGNS: The developer is required to furnish and install one street
name signs for each intersection within the limits and along the perimeter of the
subdivision in accordance with the latest applicable standards of the Maricopa
County Department of Transportation (MCDOT Standard #2054). The developer
may be required to install additional street signs on opposite corners of streets
which exceed sixty feet in width as required by MCDOT.
7.
UTILITIES: Utilities required to service the area must be provided within each
subdivision. The Commission shall require the developer to arrange for location of
utility lines underground. The developer shall be required to post satisfactory
assurance with the County Engineer to insure installation of electric service, and
natural gas where applicable to all lots. All utilities shall be buried underground
except for electric lines of 69 kV or higher.
8.
LANDSCAPING: Landscaping consistent with the state (Arizona Department of
Water Resources, ADWR) drought-tolerant plant list shall be provided within all
common area tracts, along all entrances as well as along arterials and collector
routes. At least one (1) tree a minimum of five (5) gallons/maximum of fifteen
(15) gallons, selected from the above list, shall be provided in the front yard of all
lots zoned R1-10, R1-7, R1-8 or R1-6 (including such zones with a RUPD overlay)
as part of the subdivision infrastructure permitting unless an exception is granted
by the Director.
SECTION 305. PLANS, SPECIFICATIONS, & SUPERVISION
All of the improvements required in this article shall be installed in accordance with the
specifications and under the general review of the appropriate public officials.
SECTION 306. PROVISIONS FOR MAINTENANCE AND OPERATION
Where the developer proposes drainage improvements, sewers, sewage treatment plants,
domestic and/or fire water systems, park areas, landscaping such as lawns, trees, and
shrubs in tracts or common areas proposed to be owned or operated in common, then
provisions shall be made by trust agreement, which is a part of the deed restrictions and
which are acceptable to the proper agencies having jurisdiction over the location and
improvements of such facilities, for the proper and continuous maintenance and
supervision of such facilities by the lot owners in the subdivision. For any improvements
which are not to be dedicated to Maricopa County, the subdivider shall provide a
maintenance plan acceptable to Maricopa County. The maintenance schedule shall be
included on the recorded final plat.
SECTION 307. SUITABILITY OF THE LAND
The Board County may reject a plat that is determined to be physically unsuitable because
of flooding, bad inadequate drainage, lack of adequate sewage and waste disposal, steep
slopes, rock formations and other features which may endanger health, life or property,
aggravate erosion, increase the flood hazard, necessitate unreasonable expenditure of
public funds or which is found to be not in the best interest of the public.
SECTION 308. RESERVATIONS FOR PUBLIC FACILITIES & SERVICES
The Board of Supervisors, upon recommendation of the Commission, may require that
land areas within a subdivision be reserved for school sites and fire stations subject to
the following conditions:
a.
Requirement may only be made on preliminary plats filed at least 30 days
after the adoption of a Comprehensive Plan or amendment of the Plan
affecting the land area to be reserved.
b.
The required school reservations must be consistent with a specific request
from the school district servicing the subdivision and/or the required fire
station reservations may be consistent with a specific request from the fire
district servicing the subdivision and must be in conformance with the
following standards:
1)
Reservations may not be located within a floodplain.
2)
Reservations must be located such that they are oriented to their
service areas.
3)
Elementary school site reservations must be located, as far as
possible, to allow walking to the school by students such that they
would not have to cross any arterial streets.
4)
High school site reservations must be located, as far as possible,
to allow good access to arterial streets.
5)
Fire station site reservations must be located, as far as possible, to
allow access to arterial streets.
6)
The land area reserved is such a size and shape as to permit the
remainder of the land area of the subdivision within which the
reservation is located to develop in an orderly and efficient manner.
7)
The land area reserved is in such multiples of streets and parcels as
to permit an efficient division of the reserved area if it is not acquired
within the prescribed period.
c.
The public agency for whose benefit an area has been reserved has one
year after recording the final plat to enter into an agreement to acquire the
reserved land area. The purchase price is the fair market value of the land
at the time of the filing of the preliminary plat plus the taxes against the
reserved area from the date of the reservation and any other costs incurred
by the subdivider in the maintenance of the reserved area, including interest
costs incurred on any loan covering the reserved area.
d.
If the public agency for whose benefit the area has been reserved does not
exercise the reservation agreement within the one year period or an
extended period mutually agreed on by the public agency and the
subdivider, the reservation of the area terminates.
e.
School districts and fire districts desiring to have a portion of a subdivision
designated as reserved for a school site or fire station site must submit
their request within 30 days of the date of receipt of a proposed preliminary
plat.
SECTION 309. WATER USE
If a common area over ten acres in size, a lake or a golf course requiring irrigation is
proposed within a subdivision or a Development Master Plan, 100 percent of the water
used to fill or refill the lake, and irrigate the golf course and common area shall be a
renewable supply of water, such as reclaimed water, surface water or Central Arizona
Project (CAP) water. A plan shall be submitted that includes a schedule which ultimately
provides for 100 percent use of a renewable supply of water to fill, refill or irrigate the
facilities noted above. A renewable water supply must be used during each phase of the
project and at the completion of the project. The facilities subject to this regulation shall
be designed and constructed to facilitate the use of reclaimed water. The Plan approved
by the Board of Supervisors may provide for the interim use of groundwater in conjunction
with the use of a renewable supply of water during the development phases of the project.
The Plan approved by the Board of Supervisors may also allow for:
1.
The use of groundwater in the event of a threat to public health and safety,
only if the additional use of groundwater will reduce the risk of a public
health and safety hazard and all other actions would not reduce the risk.
2.
The use of groundwater to leach soil to maintain turf provided there is no
other available source of water that would achieve the same result.
3.
The use of non-potable groundwater.
4.
The plan may also provide for the use of groundwater in subdivisions or
Master Planned Communities where the seasonal occupancy of the
residents will cause a seasonal fluctuation in the availability of reclaimed
water.
This regulation may exceed but is not intended to conflict with State law or State
mandated regulations regarding the use of water in filling and refilling lakes. Conflicts
that may arise shall be decided by the Department Director in favor of State law or State
mandated regulations.
SECTION 401. ADOPTION & AMENDMENTS
It shall be the responsibility of the Board of Supervisors to adopt rules and regulations or
any amendments related to subdivisions. Before adoption of any rule, regulation or
amendment thereof, a public hearing shall be held by the Commission. A copy of the rule,
regulation or amendment shall be certified by the Commission to the Board which shall
hold a public hearing after notice of the time and place has been given by one publication
fifteen days prior to the public hearing in a newspaper of general circulation in the County.
SECTION 402. ADMINISTRATION
It shall be the responsibility of the Department to directly administer or coordinate the
administration of the provisions contained herein, where those provisions are
administered by other County agencies. The Director:
1.
Shall receive all applications for Subdivisions or Development Master Plans.
2.
May examine premises for which applications of Subdivision and Development
Master Plans have been received.
3.
May make necessary investigations to secure compliance with the provisions of
these regulations.
4.
Shall issue such notices or orders as may be necessary for the purpose of
enforcing compliance with the provisions of these regulations.
5.
May adopt rules, forms and procedures consistent with these regulations for the
implementation thereof.
6.
Shall May serve as Chairman of the Technical Advisory Committee in matters of
review of Subdivision and Development Master Plan applications.
7.
Shall prepare all reports and make all presentations to the Planning Commission
and the Board of Supervisors regarding Subdivision and Development Master Plan
applications.
8. 7.
Shall keep careful and comprehensive records of a) applications for Subdivisions
and Development Master Plans, b) inspections made, c) reports rendered, and d)
notices or orders issued, and shall further retain on file in records copies of all
papers documents in connection with such applications for such time as may be
required by law.
SECTION 403. ENFORCEMENT
It shall be the duty of the Director to directly enforce, or coordinate the enforcement of
the provisions of these regulations, where the provisions are enforced by other County
agencies.
SECTION 404. FEES
1.
PRELIMINARY PLATS:
a.
$100 per lot, tract, and/or parcel provided that no preliminary/replat
subdivision fee shall be less than $1,000 or more than $30,000.
b.
Additional fees as prescribed by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation, the
Drainage Review Division of the Maricopa County Planning and
Development Department, and the Flood Control District of Maricopa
County for all applications.
c.
$500 for a time extension.
d.
$250 per stipulation ($500 minimum fee, $1,500 maximum fee) for
modification of stipulation/s to approved preliminary plats.
2.
FINAL PLATS: $40 per lot, tract, and/or parcel provided that no subdivision fee
shall be less than $1,000 nor more than $10,000.
3.
WAIVER OF STANDARD: $500 per standard provided that no fee for a waiver
request shall be less than $500 or more than $5,000.
4.
ADDRESSING: Refer to the Maricopa County Addressing Regulations.
5.
PRE-APPLICATION MEETING: $100 $350 per meeting.
6.
DEVELOPMENT MASTER PLANS: Refer to the Maricopa County Zoning
Ordinance.
7. 6.
No application shall be scheduled for an appeal hearing by any board or
commission acting pursuant to the “Maricopa County Subdivision Regulations
(MCSR)”, or administratively approved unless and until all fees and fines owed to
the Department as a result of any activity or inactivity attributable to the property
that is the subject of the application are brought current and paid in full or any
amounts owed pursuant to an agreement of compliance are current, as the case
me be. This requirement shall not be waived by the board/commission. *1*2
Date of Revisions
*1
Effective 6-01-2009 TA2009004
*2
Effective 6-1-2010 TA2010004
SECTION 501. VARIANCES
Where the Commission finds that, in Development Master Plans, Unit Plans of
Development, or in specific cases where unusual topographic or other exceptional
conditions exist, extraordinary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice may be done and the
public interest secured; provided that such variation will not have the effect of nullifying
the intent and purpose of the Master Plan or these regulations. Approval of a Variance
or modification by the Commission shall not suspend review and approval by appropriate
agencies.
SECTION 502. LARGE SCALE DEVELOPMENT
The standards and requirements of these regulations may be modified by the Board in
the case of a plan and program for a community plan (Development Master Plan) or
neighborhood plan which, in the judgment and recommendation of the Commission,
provides adequate public spaces and improvements for the circulation, recreation, light,
air and service needs of the tract when fully developed and populated, and which also
provides such covenants or other legal provisions as will assure conformity to and
achievement of the plan.
SECTION 503. CONDITIONS
In granting Variances and modifications, the Board, upon recommendation of the
Commission, may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
SECTION 6501. VIOLATION
If any land is subdivided in violation of these regulations, the Board of Supervisors, the
County Attorney, duly authorized representatives of the or any adjacent or neighboring
property owner who is especially damaged by the violation, in addition to the other
remedies provided by law, may institute injunction, mandamus, abatement or any other
appropriate action or proceeding to prevent such violation or attempted violation and to
restrain, correct or abate such violation or attempted violation, or to prevent any act which
constitutes a violation.
SECTION 6502. PENALTY
It is unlawful to record the subdivision of property without the prior approval of the Board
of Supervisors County. Pursuant to Title 11, Section 11-806.01C, Arizona Revised
Statues, any person causing a Final Plat to be recorded without first submitting the plat
and obtaining approval of the Board County shall be guilty of a Class 2 Misdemeanor. Any
apparent violations of these regulations will be brought to the attention of the County
Attorney for appropriate legal action pursuant to Title 11, Section 11-808.H, Arizona
Revised Statutes. In addition, the matter will be brought to the attention of the Arizona
State Department of Real Estate for possible action by the Arizona Attorney General's
Office.
SECTION 7601. SEPARABILITY CLAUSE
Should any article, section or provision of these regulations be declared by the courts to
be unconstitutional or invalid, such decision shall not affect the validity of the regulations
as a whole, or any portion thereof, other than the article, section, or provision declared to
be unconstitutional or invalid.
SECTION 7602. REPEAL OF CONFLICTING ORDINANCES
All ordinances or portions of ordinances in conflict with these regulations, or inconsistent
with the provisions of these regulations, are hereby repealed to the extent necessary to
give these regulations full force and effect.
SECTION 7603. EFFECTIVE DATE
These regulations shall become effective on August 6, 1990.
Maricopa County Planning and Development Department
301 W. Jefferson Street, 6th Floor, Phoenix, AZ 85003
March 2021
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Table of Contents & Plates – Page 1
Table of Contents
1
Purpose
1
2
Preliminary Plat
1
3
Final Plat
7
4
Subdivision Design Principles
14
Plates
Plate 1
Schematic Neighborhood Unit
P-1
Plate 2
Street Drainage
P-2
Plate 3a
Schematic Subdivision
P-3
Plate 3b
Schematic Subdivision
P-4
Plate 4
Street Intersections
P-5
Plate 5
Angle of Intersections for Residential Streets
P-6
Plate 6
Angle of Intersections for Arterial Streets
P-7
Plate 7
Centerline Deflection and Reverse Curves
P-8
Plate 8
Street Jogs for Residential Streets
P-9
Plate 9
Eyebrow Designs for Residential Streets
P-10
Plate 10
Cul-de-sacs for Residential Streets
P-11
Plate 11
Lot Design
P-12
Plate 12
Alley Intersections
P-13
Plate 13
Curvilinear Lot and Easement Planning
P-13
Plate 14
Two District Floodplain Regulation
P-14
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 1
1. PURPOSE
The purpose of these administrative guidelines is to establish and describe the precise
content of applications required for subdivisions (preliminary plat, final plat, replats,
abandonments). They are meant to be utilized as a tool by subdividers to assist them
in filing such applications, and by staff in verifying that the applications are complete.
These guidelines have been adopted by the Maricopa County Board of Supervisors and
are effective as of August 6, 1990.
2. PRELIMINARY PLAT
As indicated in Section 202.1 of the Subdivision Regulations, the preliminary plat
application will not be considered accepted for processing until all required
information as contained in these guidelines is submitted.
1.
The Preliminary Plat application form is to be completed in full by the applicant.
The requested information on the form is self-explanatory. A copy of the form is
attached to these guidelines as Exhibit "A".
2.
The Preliminary Plat shall be in the following format:
a.
Overall drawing shall not exceed 24" x 36" in size (more than one sheet
may be utilized).
b.
All mapped data shall be drawn at the same standard engineering scale,
said scale not being greater than 200 feet to the inch. No architect or
uncommon scale will be accepted.
c.
Plats must be drawn with the north direction toward the top or left side
("right read") of the sheet.
d.
The subdivider (or his representative) shall submit 20 copies. The
required number of copies of the Preliminary Plat as a part of the
application (see application to determine the number of copies required).
It is recommended that a "working" plat drawing be submitted for
preliminary Department review (for completeness only) prior to the
preparation of the required number of copies. The subdivider or his
representative shall also submit one 8-1/2" x 11" reduced copy with no
more than a 7-1/2" x 9-1/2" image (which may be submitted after
Department/TAC review has been completed, and appropriate revisions to
the Preliminary Plat have been made).
MARICOPA COUNTY SUBDIVISION REGULATIONS
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3.
A Preliminary Plat shall contain the following information:
a. Department:
1)
Name, address, zip code and phone number of the landowner and
the subdivider.
2)
Name, address and phone number of the engineer, surveyor,
landscape architect, or land planner preparing the plat, including the
registration number, if registered.
3)
Proposed name of the subdivision and its location by section,
township and range.
4)
North point and scale (written and graphic).
5)
Date of preparation, including dates of any subsequent revisions.
6)
Small scale vicinity map showing relative location of plat.
7)
Appropriate zoning district designation (if rezoning has been filed
provide designation of proposed zoning district and Rezone
Application Case Number).
8)
Subdivision Case Number(s) (e.g., Case No. S2002025). (NOTE: Case
number required on copies of plat submitted after TAC meeting.)
9)
Reference by dimension and bearing to section corners and quarter-
section corners.
10)
Subdivision boundaries clearly defined.
11)
Name, book and page numbers of adjacent subdivisions or the
names of record owners of adjoining parcels of unsubdivided land.
12)
Lot layout, including minimum building lines related to all streets; lot
numbers, and approximate dimensions and areas of proposed lots. A
"typical" lot layout shall be provided which indicates entire standard
building envelope (and which must conform with requirements of the
Zoning Ordinance).
13)
Existing and proposed contours established by field survey relating to
USGS survey datum, or other datum approved in writing by the
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 3
County Engineer, to be shown on the same map as the subdivision
layout, and 25 feet beyond the subdivision boundaries. Location and
elevation of the benchmark used shall also be shown on the plat. The
following contour intervals shall be the minimum considered
acceptable; grades up to five percent, two feet; grades of five
percent or greater, five feet. The average slopes within building
envelopes of lots which are located in the Hillside Development
Overlay Zoning District shall be shown on the Preliminary Plat.
14)
Identification of method of providing domestic water supply and
sewage collection, treatment and disposal facilities, both existing and
proposed.
15)
Identification and location of all utilities in and for the subdivision,
both existing and proposed.
16)
A preliminary plat filed within a Unit Plan of Development Zoning
District shall provide the following additional information on the
plat:
a)
Boundaries of the plan, gross land area, area of streets and
areas of each proposed type of land use, including schools,
parks, playgrounds and common areas.
b)
Areas proposed for residential use must indicate the type of
dwellings (i.e., single-family detached, two-family, multi-family,
etc.) with the minimum lot size, average lot size and maximum
lot size proposed for each dwelling type.
c)
A table which compares the requirements of the base zoning
district, and the variations approved (or proposed if not yet
approved) under the Unit Plan of Development. The table shall
include: average lot area per dwelling unit, minimum setbacks,
maximum lot coverage, the minimum distance between
buildings, minimum lot size, minimum lot width, maximum
building height (and number of stories) and a calculation of
required parking spaces.
d)
If buildings are to be clustered, the general location must be
indicated.
e)
Major and collector street layout with proposed right-of-way
widths. Indication of whether the streets are to be public
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 4
or private must be included.
f)
Proposed number of families and total projected population.
g)
The building envelope of proposed commercial or industrial
facilities.
h)
A table which lists methods of fire protection (including
number of fire hydrants), police protection, sewage and solid
waste disposal, utility services (electric, gas, telephone, and
cable TV) and water supply (including fire hydrants).
i)
Proposed handling of site drainage and protection against storm
waters and flooding. A drainage study must be included as
specified in Chapter 3, Section 304.4 of the Subdivision
Regulations.
j)
Any other information as may be further required by these
guidelines to carry out the purpose and intent of the Unit Plan
of Development.
17)
If a plat includes land for which multi-family, commercial or industrial
use is proposed, such areas shall be clearly designated together with
the existing zoning classification, present district boundary lines and
status of any pending zoning change.
18)
Designate existing use of property and note whether use is to be
abandoned or not.
b. Engineering:
1)
Location, widths and names of all existing or proposed streets, alleys,
drainage ways, crosswalks and easements, or other public ways
within or adjacent to the tract including all connections to adjoining
platted or unplatted tracts, existing permanent buildings, railroad
rights-of-way and other important features such as section lines,
political subdivision or corporation lines and school district
boundaries.
2)
A statement as to the type and extent of proposed improvements
shall be placed on the face of the plat.
MARICOPA COUNTY SUBDIVISION REGULATIONS
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3)
Designation of all land to be dedicated, provided, or reserved for
public or semipublic uses (including all easements), with the use/s
indicated.
4)
Reference by note whether utility services will be underground.
5)
If lots are proposed to be irrigated, all easements, the preliminary
location of valves, and the tentative line of the underground pipe
must be shown.
c. Flood Control District:
1)
Location by survey of streams, washes, canals, irrigation laterals,
private ditches, culverts, lakes or other water features, including
direction of flow and water surface elevations, and location and
extent of areas subject to inundation and whether such inundation is
frequent, periodic or occasional. Any portion of the subdivision
within a Regulatory Floodplain as defined in the Subdivision
Regulations shall be shown (See Plate 14 of these Guidelines).
2)
Where water flows across proposed streets, adequate access during
flow times must be shown.
3)
A statement that the finished floor elevations of any structure will be
free from inundation from a one-hundred-year flood event, and a
statement of who is to maintain drainage easements/tracts and/or
retention areas, if applicable.
4)
Storm Water Disposal. All existing drainage patterns affecting the
land included in the Preliminary Plat must be shown. Requirements
of this section are not applicable if a drainage plan for the area
included in the subdivision has been previously approved provided
the previously approved drainage plan was prepared in accordance
with current Flood Control District standards. In addition, the
following must be provided:
a. Washes must indicate the following:
1. Size of contributing drainage area, in acres.
2. Approximate length and width of contributing drainage area.
b. Peak discharges and volume discharged at the lower boundary of
MARICOPA COUNTY SUBDIVISION REGULATIONS
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Administrative Guidelines – Page 6
the proposed subdivision, indicating the effect on neighboring
property.
c.
If any part of the storm water flow is to be handled by an
underground pipe system, the location of the inlets, tentative
size and line of pipe and the outlet grade must be shown.
d. Development must be in accordance with the Maricopa County
Drainage Regulations.
d. Maricopa County Environmental Services Department:
1)
Existing usable sewers, water mains, culverts, or other underground
structures within the subdivision and immediately adjacent thereto
with pipe sizes, grades and locations indicated. Where sewers or
water mains are not immediately adjacent thereto, give direction and
distance to nearest such usable utility.
2)
A statement as to the type of sewage disposal facilities proposed
shall appear on the Preliminary Plat. If sewage facilities are to be
provided in a community septic area within the subdivision, it shall be
indicated on the plat. In subdivisions which are proposed to be
served by individual sewage disposal systems, the location of which
may cause structure setback deviations from those normally required
in Zoning Ordinance provisions, each lot shall designate the specific
setback deviation.
3)
A statement as to the type of domestic water supply facilities shall be
placed on the plat. If a portion of the subdivision is to be used for a
community water supply facility, it shall be so indicated on the plat.
e. Rural Metro Fire Department or Appropriate Fire District. If fire
protection is being provided, the number and location of fire hydrants shall be
shown on the preliminary plat. Information regarding volume of water, line
sizes and water pressure will be required at the final plat stage.
4.
Other
Agencies/interest
groups
receiving
referrals
of
preliminary
plat
applications. In addition to the agencies receiving referrals of a Preliminary Plat
for review purposes (as listed in Section 202.3b of the Subdivision Regulations),
the below listed agencies/interest groups will, when appropriate, be sent a copy
of the submitted Preliminary Plat by the Department for review and/or comment.
It is suggested that the subdivider or his engineer, consult with the below listed
agencies in the preparation of their Preliminary Plat application:
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 7
a. Appropriate homeowners association or area improvement association.
b. Appropriate utility companies (i.e., utility companies not listed in Section
202.3B, but which are to provide service to the subdivision).
c. Military air bases if subdivision is within AICUZ Study Area.
d. National Forest Service, if subdivision is in proximity to a National Forest.
e. Appropriate Indian reservation, if subdivision is in proximity to same.
f. Corps of Engineers, if subdivision is in proximity to Central Arizona Project.
g. Federal Bureau of Reclamation, if proposed subdivision has transmission line
easements on it or there are transmission line easements in close proximity.
h. Natural Resource Conservation District (Soil Conservation Service), which is of
assistance in soils reports preparation.
i. Arizona State Land Department or Bureau of Land Management, if subdivision
is adjacent to state or federal public lands.
j. Federal Aviation Administration, if subdivision is in close proximity to an
airport.
k. Maricopa County Department of Civil Defense and Emergency Services, if
subdivision is within ten miles of the Palo Verde Nuclear Generating Station.
l. State Historic Preservation Office (SHPO), if appropriate.
3. FINAL PLAT
As indicated in Section 203.1 of the subdivision regulations, the final plat application will
not be considered accepted for processing until all required information as contained in
these guidelines is submitted.
1.
Application Form
(administered by the Department of Planning and
Development). The final plat application form is to be completed in full by the
applicant. The requested information on the form is self-explanatory. A copy of
the information on the form is attached to these guidelines as Exhibit "B".
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 8
2.
Application Letter (administered by the Department of Planning and
Development). The application for Final Plat approval shall include a letter
addressed to the Board requesting their approval. The letter shall indicate the
name and address of the subdivider, the party responsible for preparing the plat,
a statement of whether or not the proposed subdivision lies within three miles of
the corporate limits of any city or town having subdivision regulations, and if so,
certification that copies of the final plat have been filed with such city or town.
3.
General Final Plat Submittal Requirements (administered by the
Department of Planning and Development). The Final Plat shall be in
the following format:
a.
The original of the Final plat shall be drawn on Mylar or a copy shall be
reproduced on Mylar by an imaging process or other method that assures
archival quality.
b. Overall drawing shall not exceed 24" x 36" in size (more than one sheet
may be utilized). If more than two sheets are required, a key shall be
shown on the first sheet or on a separate sheet.
c.
All mapped data shall be drawn at the same standard engineering scale,
said scale not being greater than 200 feet to the inch from an accurate
survey. No architect or uncommon scale will be accepted.
d. Final plat must be drawn with the north direction toward the top of left side
("right read") of the sheet.
e. The subdivider, or his engineer, shall submit the number of copies of the
original Final Plat as indicated on the application to the Department.
f.
In addition to the submittal of the required number of copies, it is the
responsibility of the subdivider, or his engineer, to submit one copy of the
Final Plat to the utility agency or agencies, including the irrigation district
concerned if the lots are to be irrigated, concerned with the installation of
utilities within the subdivision. The print(s) shall be submitted to the
aforementioned at least 15 working days prior to the submittal of the Final
Plat to the Department. These plats should contain a statement as to
whether utility service is to be overhead or underground. One copy of the
print will be returned directly to the subdivision engineer and the
Department with any required additions or corrections noted thereon from
all utility companies and the irrigation district having jurisdiction.
g. In accordance with ARS 9-474, as amended 1978, if the plat is within three
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 9
miles of the corporate limits of a city having subdivision regulations, the
subdivider shall submit copies of the final plat to said city for its review at
least 30 working days prior to the regular Board meeting at which the
subdivider wishes to be heard.
4.
Specific Final Plat Submittal Requirements (as required on agency by
agency basis). A Final Plat shall contain the following information:
a.
Department of Planning and Development:
1)
A title, which includes the name of the subdivision and its location
by section, township, range and County. The title area should also
contain the County's Subdivision Case Number (e.g. S2002025).
2)
Name, registration number, and seal of the registered
professional civil engineer or registered land surveyor preparing
the plat.
3)
Name and registration number of the registered professional civil
engineer responsible for the engineering that is necessary in
preparation of the proposed subdivision.
4)
Date of plat preparation, including dates of any subsequent revisions.
5)
North point and scale (both written and graphic).
6)
Location and description of cardinal points to which all dimensions,
angles, bearings and similar data on the plat shall be referenced.
7)
Any excepted parcel(s) within the plat boundary shall be accurately
described by bearings and distances. Proper street and alley
dedications adjacent to any proposed tracts or excepted parcels shall
be provided by the subdivider by inclusion within the plat or by
separate dedication noted on the plat, pursuant to Resolution of the
Board adopted February 15, 1957.
8)
Boundaries of the tract to be subdivided fully balanced and closed,
showing all bearings and distances determined by an accurate survey
in the field. All dimensions shall be expressed in feet and decimals
thereof. Corners of the plat should be noted and monuments found
or set should be indicted: Each of the two corners of the subdivision
traverse shall be tied by course and distance to separate section
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 10
corners or quarter corners. Portions of any adjacent property
between major road intersections shall not be excluded from within
the boundaries of the subdivision when needed or required for
dedication or improvement of any traffic, drainage, or flood control
facility. Such areas may be indicated as excluded tracts after
necessary dedications are shown.
9)
Location and dimensions of all lots shall be shown. Lot dimensions
shall be indicated for at least one side lot line and either the front or
rear lot line when lots are rectangular or square. If lots are not
rectangular or square all lot line dimensions shall be indicated. All
minimum building setback lines which adjoin all streets shall be
shown and dimensioned for all lots intended for residential use of
any character and on commercial or industrial lots immediately
adjoining residential areas. Such lot dimensions, areas, or building
setback lines shall not be less than required by the zoning ordinance
or building line regulations applying to the property.
10) All required "sight-distance triangles" shall be indicated at street
corners.
11) Where a subdivision is part of a Unit Plan of Development, those
standards approved by the Board shall be shown on the final plat.
12) All lots shall utilize a block and lot numbering system or be numbered
consecutively throughout the plat. Exceptions such as tracts and
private parks shall be so designated, lettered or named, and clearly
dimensioned. Ownership and maintenance responsibilities for tracts
and private parks shall be indicated on the plat.
13) Name, book and page number of adjacent recorded subdivisions,
with location of existing adjacent lots, easements and right-of-way
shown, or notation "Unsubdivided" where appropriate. All proposed
conditions shall be graphically differentiated from existing conditions
on adjacent properties and on excepted parcels within the plat.
14) Notes on final plat that all private streets and tracts will be
maintained and by whom.
15) Certification by a registered professional civil engineer or registered
land surveyor who has made the plat, that it is correct and accurate,
that the monuments described in it have been located or established
as described and the lot corners permanently set.
MARICOPA COUNTY SUBDIVISION REGULATIONS
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Administrative Guidelines – Page 11
16)
Space for approval by the Board under the signature of the Chairman
of the Board and attested by the Clerk of the Board.
17)
Where a subdivision contains a park, school or other public area
which is shown upon the County Plan or as recommended by the
Commission, such area shall be reserved for acquisition by the
proper public agency within a period of one year after recording the
Final Subdivision Plat.
18)
A statement as follows: "The provisions of Article 1112 of the
Maricopa County Zoning Ordinance (Outdoor Light Controls) will be
adhered to."
19)
A statement as follows: "This subdivision is located within the
________________ Water Service Area and has been designated as
having an assured water”.
b.
Engineering:
1)
Names, centerlines, right-of-way lines, courses, lengths and widths of
all public streets, alleys, crosswalks and utility easements: radii,
points of tangency and central angles of all curvilinear streets and
alleys, and radii of all rounded street line intersections.
2)
The location, width and use of all public or private utility easements
shall be noted.
3)
The accurate outline of all property which is offered for dedication for
public use and of all property that may be reserved by deed
covenant for the common use of the property owners in the
subdivision.
4)
Dedications: Statement of dedication of all streets and alleys for
public use by the persons holding title by deed to the lands, by
persons holding any other title of record, by persons holding title as
vendees under land contract, and by spouses of said parties. If land
dedicated is mortgaged, the mortgagee shall also sign the plat.
Dedication shall include a written location by section, township and
range. Signatures must be witnessed. If the plat contains private
streets, provisions shall be made for installation and maintenance of
utilities and drainageways. Easements shall be provided for
purposes indicated.
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 12
5)
Acknowledgement
of
dedications:
execution
of
dedication,
acknowledged and certified by a notary public.
6)
Assurance Statement as follows: “Assurance, for provision of
required subdivision improvements and infrastructure, sufficient to
protect Maricopa County and in accordance with the requirements of
A.R.S. § 11-821 and A.R.S. § 11-822 and the Zoning Ordinance for
the Unincorporated Area of Maricopa County has been provided in a
form acceptable to the Director of the Maricopa County Planning and
Development Department, in consultation with the County Engineer.”
Or, a statement that all improvements associated with the
subdivision are existing and approved.*1
c.
Flood Control District:
1) The limit of the Floodplain, as defined in Section 105 of the
subdivision regulations, if any portion of the land being subdivided is
within the Regulatory Floodplain shall be shown on the plat.
2) All drainageways and drainage easements, as well as maintenance
responsibilities and ownership, shall be shown on the plat. All
development must be in accordance with the Drainage Regulations for
Maricopa County.
3) In areas subject to flooding, minimum finished first floor elevations
shall be shown as may be required by the Flood Control District.
d.
Maricopa County Environmental Services Department: (See
Section 4.b.6. of these Guidelines - County Engineer/ Department of
Transportation) for information regarding assurance statements on
provisions of water and sewer service for the subdivision.
e.
County Assessor: Certification of County Assessor as follows:
"Certificate of County Assessor: I, the undersigned as a Deputy County
Assessor, Maricopa County, Arizona, do hereby certify that as of this
date, the records of this office reflect that ________________ as
designated on the plat is owner of the property as shown on the plat and
more
particularly
described
as
Assessor's
Parcel
Number(s)
_______________________.
_____________________________ ________________________
Deputy County Assessor Date
MARICOPA COUNTY SUBDIVISION REGULATIONS
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Administrative Guidelines – Page 13
f.
County Treasurer: Certification of County Treasurer as follows:
"Certificate of Treasurer: I, the undersigned as a Deputy County
Treasurer, Maricopa County, Arizona, do hereby certify that as of this
date, the records of this office reflect that there are no tax liens on any of
the parcels comprising the plat, as listed in the Assessor's Certification,
with the following exceptions:
______________________________________________________
___________________________________________________________
_____________________________ ____________________
Deputy County Treasurer Date
4. SUBDIVISION DESIGN PRINCIPLES
The following design principles are to be used as a guide in the layout and design of
subdivisions. The Planning and Zoning Commission in its review of Preliminary Plats
and the Board of Supervisors in its approval of Final Plats may either deny subdivision
plat applications or condition them such that they conform to the following minimum
acceptable design principles.
1.
Neighborhood Planning Considerations. (See Plate 1 for Schematic
Neighborhood Unit). For purposes of physical planning, a neighborhood is
considered to be that area tributary to an elementary school. The service area
of an elementary school depends upon density of development and may vary
from 1/4 mile radius to 1/2 mile radius in fully developed portions of the urban
area. The neighborhood should be bounded by major streets or other
topographical barriers so that elementary pupils are not required to cross a
major street in walking to and from school, and that this should be a major
criterion for determination of the design capacity of a new school or service area
of an existing school.
2.
Street and Highways. (Plates 2-10 provide examples).
a.
Street arrangements in subdivisions shall be designed so as not to cause a
hardship to owners of adjoining property when they plat their own land
MARICOPA COUNTY SUBDIVISION REGULATIONS
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Administrative Guidelines – Page 14
and seek to provide for convenient access thereto. Residential streets
shall be so designed as to discourage through traffic, but offset streets
should be avoided.
b.
Grades, curvatures, sight distances, alignment and profile are some of the
various elements that must be considered in roadway design. Detailed
information on street and highway standards applicable to subdivisions
and larger developments should be requested of the County Department
of Transportation at an early stage in planning any specific project.
c.
Grades for local residential streets should be as flat as is consistent with
the surrounding terrain. The gradient for local streets should be less than
15 percent. For streets in commercial and industrial areas, gradient
design should be less than eight percent; desirably, it should be less than
five percent, and flatter gradients should be emphasized. To provide for
proper drainage, the desirable minimum grade that should be used for
streets without curbs is 0.30 percent, but a minimum grade of 0.20
percent may be used.
d.
Other special design features may be necessary where surface drainage
from local storms is excessive. If flooding or ponding is anticipated on
any portion of a proposed project, the developer should confer with the
Maricopa County Department of Transportation and the Flood Control
District prior to Preliminary Plat preparation in order to provide for storm
drainage and to achieve the best internal street network possible under
existing conditions (Plate 2).
e.
Design Standards for street construction have been established by the
Maricopa County Department of Transportation and approved by the
Board. Generally speaking, streets are to be designed to the width
consistent with the dedicated right-of-way and the traffic function of the
particular street. For specific street Design Standard Requirements see
Chapter 3, Section 303.2. Any questions or matters pertaining to the
design and construction of streets should be referred to the Maricopa
County Department of Transportation.
f.
In general, the curvilinear street pattern is better suited to areas of
irregular topography and provides greater aesthetic appeal than that
afforded by the grid pattern.
g.
The recent design tendency has been to avoid grid street patterns, partly
to eliminate some of the excessive amount of street pavement and service
roads resulting from the numerous cross streets in a gridiron design and
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 15
partly for reasons of traffic control. Curving street patterns make it
possible to divert the heavier traffic flow from small residential streets into
main thoroughfares, thus avoiding the dangers to children and in general
lessening the creation of noise and other disturbances.
h.
Plates 3A and 3B located in these Guidelines illustrate different schematic
arrangements of lots and streets in relation to arterial streets. In general,
long blocks should lie in the direction of the main local traffic flow and not
cause long detours in reaching major objectives such as the school,
commercial area or major highway. For information on requirements of
block length, see Chapter 3, Section 303.2.k. in the Subdivision
Regulations.
i.
Where a proposed subdivision abuts or contains an existing or proposed
arterial route, local service roads or reverse frontage with non-access
easements and screening along the arterial route can be used to protect
the residential properties from the nuisance and hazard of high volume
traffic and to preserve the traffic function of the arterial route (NOTE:
"Sight-Distance Triangles" must be placed at street intersections). See
Plates 4, 5, and 6 for examples of intersections with arterial streets.
j.
Some Rules for Designing Safe Residential Streets (See Plates 7-10 for
examples):
1)
Use three-way rather than four-way intersections whenever
possible;
2)
Use curved streets, if appropriate;
3)
Minimize number of frontage roads;
4)
Minimize continuous streets through neighborhoods, particularly
those connecting two major arterials by a direct route;
5)
Avoid irregular intersections such as multi-legged intersections and
Y-types where two legs meet at acute angles; and,
6)
Eliminate jogs in intersection alignments and hidden intersections
where visibility is limited by structures, natural features or plant
growth.
k.
The number of intersections, especially those involving arterial streets and
railroads, should be kept to a minimum, but consistent with traffic needs.
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 16
Intersection design is of extreme significance since a very heavy
proportion of total accidents continue to occur where streets and other
rights-of-way converge. A minimum number of 4-way intersections should
be used in order to reduce traffic hazards. Plates 4, 5 and 6 illustrate
street arrangements that tend to reduce traffic hazards.
l.
Names of streets must be consistent with the natural alignments and
extensions of existing streets and the MAG Address and Street Assignment
Policy. If new street names must be used, they may not duplicate in
whole or in part existing names. The developer or subdivider should
confer with the Department on proposed street names prior to submission
of a preliminary plat.
3.
Block and Lot Design (Plate 11)
a.
Residential lots should be designed in a manner appropriate to the use
and density characteristics of the development. A better neighborhood
appearance results if a variety of lot shapes and sizes can be provided and
coordinated with the different styles of structures planned. It is
recommended that Chapter 3, Section 303 (Design Standards) of the
Subdivision Regulations be reviewed as a part of these Administrative
Guidelines.
b.
Residential lots must contain a building finish floor elevation which is
above the Regulatory Flood Elevation and must meet all requirements of
the Drainage Regulations. For further information on these requirements,
see pertinent sections of the Subdivision Regulations, Floodplain
Regulations, Drainage Regulations, Drainage sections of the Subdivision
Regulations, and/or contact the Flood Control District of Maricopa County.
c.
It is inevitable that the street pattern will have the greatest effect on the
ultimate size and shape of lots in a subdivision. For example, a curvilinear
street pattern will result in a greater number of nonrectangular or wedge-
shaped lots with a greater variety of lot sizes, whereas with a grid pattern
the opposite would be the case.
d.
Corner lots for residential use are required to be wider than interior lots in
order to provide adequate yard setbacks from both streets. Property lines
at corners must be rounded in accordance with the Subdivision Regulation
requirements in Chapter 3, Section 303.1.e.
e.
Lot depth-to-width ratios for usable areas of a residential lot should not be
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 17
greater than 3 to 1. For commercial and industrial lots, the lot depth-to-
width ratio for usable areas of the lot should not be greater than 4 to 1.
f.
No remnants of property should be left in the subdivisions which do not
conform to lot requirements in the zoning district in which they are
located, unless required and dedicated for approved public purpose.
g.
Whenever practical, all subdivisions created within any rural or single-
family residential zone should be designed to facilitate solar access and
energy efficiency.
h.
Lots should be designed so that grading can be accomplished in such a
manner as to preclude excessive grade differences (e.g., 2 feet) between
adjacent lots or between lots and adjacent streets.
4.
Alley and Easement Design (Plates 3A, 3B, 13 and 14):
a.
Alleys should be provided in multiple-family, commercial and industrial use
areas and easements are generally preferable in single-family residential
areas per Standards in the Subdivision Regulations - Chapter 3, Section
303.2.1.
b.
Non-access easements, which are easements prohibiting vehicular access
from an arterial street side of double frontage lots, are required per
Subdivision Regulations. Plate 3A and 3B located in these Guidelines
provides an example of such easements.
c.
Utility easements along rear lot lines must be as straight and long as
possible per Subdivision Regulations. Plate 14 located in these Guidelines
provides an example of such easements.
d.
Standards for utility easements or alleys on lots facing on curvilinear
streets shall be as required in the Subdivision Regulations – Chapter 3,
Section 303.2.o. Plate 14 located in these Guidelines provides an example
of good design.
e.
Pedestrian ways with right-of-way width of eight feet may be required
where essential for circulation or access to schools, playgrounds, shopping
centers, transportation, and other community facilities. Pedestrian ways
may be used for utility purposes.
5.
Drainage and Detention/Retention of Storm Water. All subdivision design
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 18
must be in conformance with Drainage Regulations of Maricopa County as
required by the Maricopa County Flood Control District. Engineered Drainage
Reports will be required for all subdivisions. Please review Chapter 3, Section
304.4 of the Subdivision Regulations for minimum improvement standards.
6.
Sanitary and Water Facilities. All sanitary and water facilities shall be as
required by the Maricopa County Environmental Services Department. Please
review Chapter 3, Section 304.2 and Section 304.3 of the Subdivision
Regulations for minimum improvement standards.
a.
Percolation tests and test boring logs in accordance with the requirements
of the County Health Department should be taken at the proposed
subdivision prior to the approval of the Preliminary Plat.
7.
Fire Protection. It is the responsibility of the subdivider or developer to ensure
that all subdivisions are initially provided with adequate fire protection facilities.
Please review Chapter 3, Section 304.2.b. of the Subdivision Regulations for
minimum improvement standards.
8.
Hillside Subdivision. Planning, platting and development of hillside
subdivisions involve special problems and require special handling by the
subdivider and his engineer, and, by the Commission, staff, and reviewing
officials. These problems are preservation of scenic beauty and natural
vegetation for the benefit of the general public, safe construction of public
improvements commensurate with lower density and lesser public use, and safe
construction of private improvements related to sewage disposal, water supply,
storm drainage and foundation bearing. It is strongly recommended that the
Hillside Development Standards in the Zoning Ordinance (Chapter 12) be
reviewed prior to commencing with the design of any hillside subdivision.
a.
Lot width and area shall be closely related to the terrain, drainage,
percolation factors or construction of sanitary sewers with emphasis
placed on selection of homesites and access of the homesites.
b.
In designing hillside subdivision, it should be noted that unorthodox
lotting patterns may be permitted only when they meet Zoning Ordinance
minimum lot standards. In cases where extreme sloped conditions exist,
it may be necessary to obtain Residential Unit Plan of Development
(R.U.P.D.) approval by the Planning and Zoning Commission and the
Board of Supervisors to allow unorthodox lotting patterns (i.e., lots not
meeting minimum lot size or width requirements).
c.
Street design in hillside subdivision shall be as required by the Maricopa
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 19
County Department of Transportation. The gradient for local streets
should be less than 15 percent. Where grades of four percent or steeper
are necessary, the drainage design may become critical. On such grades,
special care must be taken in the design of streets to prevent erosion on
slopes and open drainage facilities. For other required Design Standards,
see Chapter 3, Section 303.2 in the Subdivision Regulations.
d.
Due to problems requiring special field and office review by the Maricopa
County Environmental Services Department, the County Engineer and the
staff, subdividers should expect processing time for hillside plats to exceed
that otherwise required for normal plats.
Date of Revisions
*1
Approved 5-4-2016 - TA2015005
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TA2024002
Page 1 of 3
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
TA2024002 – Maricopa County Subdivision Regulations
ZIPPOR Date:
September 26, 2024
Supervisor Districts:
All
Applicant:
Staff-initiated
Request:
Amend the Maricopa County Subdivision Regulations
Support/Opposition:
Five (5) supporting/Four (4) opposed/Five (5) neutral
Recommendation:
Approve
Proposed Amendment:
This item is being processed through the County’s Enhanced Regulatory
Outreach Program (EROP).
Proposed verbatim language of the
Subdivision Regulations is located in the report attachments in legislative
edit format. The proposed elimination of the Administrative Guidelines is
found in the report attachments.
TA2024002
Page 2 of 3
Staff Analysis:
1.
Staff initiated this text amendment following the passage and adoption of a state law (SB1103
AKA Administrative Review; Approvals; Developments) which gives municipalities and counties
the ability to administratively review certain applications that currently require Board of
Supervisors (BOS) approval such as subdivision plats.
2.
Under the current Maricopa County process, preliminary plats are considered by the Planning and
Zoning Commission and if approved are valid for a two-year period during which a final plat must
be approved by the Board. The preliminary plat is required to be placed on a public meeting
agenda. However, the public meeting for the preliminary plat, although at the same time as public
hearing items is not a public hearing and no legal advertisement or public notice is necessary or
provided. A visual aid associated with the preliminary plat process is provided in the attachments
to this report.
3.
Per current regulations, the final plat must substantially conform to the details, specifications,
and layout of the preliminary plat during the two-year validity period. Once the final plat is
approved, it is recorded with the Maricopa County Recorder’s Office. As with the preliminary plat,
final plats are public meeting items. A visual aid associated with the final plat process is provided
in the attachments to this report.
4.
SB1103 now gives Maricopa County the option – but not required – to review and approve
preliminary and final plats administratively, thus bypassing the public meeting process. This
would streamline the process and potentially eliminate several weeks of processing time required
under the current process due to hearings, depending on the quality of the applicant’s submittal.
5.
Additionally, Staff feels that this is an opportune time to also address other aspects of the
subdivision regulations including outdated language associated with agency requirements and
the elimination of the “Administrative Guidelines” and their relocation to the application packets
for preliminary and final plats. There is also a proposal to require a single tree in the front yard of
all lots in new subdivisions within the R1-10, R1-8, R1-7 and R1-6 zoning districts. This the only
proposed item which could be considered a new regulation. The intent of having the tree in the
front yard is in line with County efforts to promote shade trees to encourage a reduction in the
heat island effect.
Public Participation:
6.
TA2024002 is processed via the Enhanced Regulatory Outreach Program (EROP) process. Staff
sent notification of the text amendment to EROP registrants (over 3,000), to various agencies,
interested parties, HOAs and members of the development community. Staff held two
stakeholder meetings on Friday, May 24, 2024 and Tuesday, August 13, 2024 to collect ideas.
Two (2) individuals attended the May 24th stakeholder meeting, Cassandra Ayres of Berry-Riddell
and Teigan Williams of Arizona Game & Fish Department (AZGFD). Ms. Ayres expressed verbal
support for the proposal. Ms. Williams asked a question about the agency routing process as
subdivision applications are received. Only Ms. Ayres attended the second stakeholder meeting.
Staff gave a brief summary of feedback received thus far and discussed the appeal process with
Ms. Ayres at the second meeting.
7.
The Commission held a Zoning, Infrastructure, Policy, Procedure & Ordinance Review (ZIPPOR)
meeting on June 27, 2024. Ms. Kelly Wolff from AZGFD attended the ZIPPOR meeting and
commented on the proposed text amendment. These comments were included in a follow-up
TA2024002
Page 3 of 3
letter to staff, and recommended making specific reference to Flood Control District policies,
requiring new setbacks to drainage areas, correcting an error, asking applicants to utilize an
Online Environmental Review tool, routing to the agency and requiring identification of
recreational and riparian areas. While staff will continue routing plats to the agency for review
and comment, staff is concerned that a few of the recommendations in the letter create new
processes or regulations for applicants when the goal is to streamline the ordinance.
8.
Thus far, staff received six comments including five (5) comments in support and four (4)
comments in opposition. Brian Mings of Courtland Communities, Cassandra Ayres of Berry-
Riddell, Keith Nichter of Kimley-Horn, the City of Peoria and the City of Buckeye expressed support
for the proposal. Dennis Earnhart, Elizabeth Fulghum of Chandler Heights Community
Association, Linda DeBerge of Morristown Volunteer Library and David Thompson of Let New
River Desert Hills Decide (LNRDHD) expressed opposition for the proposal. Staff answered
questions related to the process and the amendment.
9.
The Arizona State Land Department (ASLD) commented that the amendment could be beneficial
and also asked if the routing process to agencies for preliminary and final plats will remain in
place. The AZGFD written comments are a summary of the comments delivered by Ms. Wollf at
the ZIPPOR meeting. Staff will continue to coordinate and route preliminary and final plats to both
agencies.
10.
Staff also received comments from the City of Avondale and City of Surprise requesting a copy
of the proposed text amendment as those communities are considering streamlining their
subdivision regulations as well. Pinal County stated that a similar text amendment could save
the County much effort. In its support of the amendment, the City of Buckeye noted their staff is
considering doing the same.
Recommendation:
11.
Staff recommends the Commission adopt a motion to recommend approval of TA2024002 to the
Board of Supervisors.
Presented by:
Adam Cannon, AICP, Senior Planner
Reviewed by:
Rachel Applegate, Planning Supervisor
Attachments:
Current Preliminary Plat Process Chart (1 Page)
Proposed Preliminary Plat Process Chart (1 Page)
Current Final Plat Process Chart (1 Page)
Proposed Final Plat Process Chart (1 Page)
Proposed Subdivision Regulations Amendment (50 Pages)
Proposed Administrative Guidelines Amendment (35 Pages)
Support Correspondence (19 Pages)
Opposition Correspondence (17 Pages)
AZGFD Comments (8 Pages)
ASLD Comments (4 Pages)
City of Surprise Comments (2 Pages)
City of Avondale Comments (5 Pages)
Pinal County Comments (3 Pages)
City of Buckeye Comments (3 Pages)
City of Peoria Comments (3 Pages)
Current Preliminary Plat Process
* Approximate timeframe of 3-5 months
(dependent on quality of applicant’s plans under a best case scenario)
4 Weeks Required
to Schedule for PZ
Hearing
Technical Advisory Committee (TAC) meeting
(held within 4 – 6 weeks based upon availability)
P&Z hearing
(approximately 4 weeks following sign-off)
Assigned to planner & routed to reviewing agencies and stakeholders
(approximately within 1 week of application)
Sign-off
(approximately 2 weeks)
Post TAC resubmittal
(within 2 weeks)
Review comments
(approximately 2 weeks following
resubmittal)
Submittal of application electronically on Permit Center
Application resubmittal (at applicant’s
discretion)
* Approximate timeframe of 2-4 months
(dependent on quality of applicant’s plans under a best case scenario)
Proposed Preliminary Plat Process
Submittal of application at front counter or via Electronic
Document Review (EDR)
Technical Advisory Committee (TAC) meeting
(held within 4 – 6 weeks based upon availability)
Assigned to planner & routed to reviewing agencies and
stakeholders
(approximately within 1 week of application)
Staff Approval or Denial
Post TAC resubmittal
(within 2 weeks)
Review comments
(approximately 2 weeks
following resubmittal)
Application resubmittal
(at applicant’s discretion)
Approximate Final Plat timeframe of 3-5 months
(dependent on quality of applicant plans and submittal of assurances under a best
case scenario)
Current Final Plat Process
4 Weeks
Required to
Schedule for
BOS Hearing
Submittal of Final Plat EDR application
Permit Center
Technical Advisory Committee (TAC) meeting
(approximately 4 – 6 weeks based upon availability)
Board of Supervisors hearing
(approximately 4 weeks following sign-off)
Assigned to planner & routed to reviewing agencies and
stakeholders (approximately within 1 week of application) Review
comments will be provided prior to TAC Meeting.
Sign-off
(approximately 2 weeks)
Post TAC resubmittal
(within 2 weeks)
Review comments
(approximately 2 weeks
following resubmittal)
Application resubmittal (at
applicant’s discretion)
Final Plat Approval by the Board of Supervisors
Recordation of the Mylars
(approximately 1 week after Board hearing)
Applicant to deliver 2 copies of recorded Mylars to Planning and
Development, pay outstanding infrastructure permit fee with
infrastructure permit issuance.
*** Surety to be posted with
delivery of Mylars
Applicant to obtain owner
and notary signatures
Planner will obtain Planning, Assessor and Treasurer signatures
on Mylars prior to scheduling for Board
EDR Infrastructure Permit
submittal (see Infrastructure
Permit Process)
Approval to Construct
submittal to MCESD
Approval to Construct must be
Issued before Final Plat
approval
Infrastructure Permit must be
in a ready to be issued Status
before scheduling Final Plat for
the Board of Supervisors
* Approximate timeframe of 3-4 months
(dependent on quality of applicant’s plans under a best case scenario)
Proposed Final Plat Process
Submittal of Final Plat EDR application
Permit Center
Technical Advisory Committee (TAC) meeting
(approximately 4 – 6 weeks based upon availability)
Assigned to planner & routed to reviewing agencies and
stakeholders (approximately within 1 week of application) Review
comments will be provided prior to TAC Meeting.
Post TAC resubmittal
(within 2 weeks)
Sign-off
(approximately 2 weeks)
Review comments
(approximately 2 weeks
following resubmittal)
Application resubmittal (at
applicant’s discretion)
*** Surety to be posted with
delivery of Mylars
Applicant to obtain owner
and notary signatures
EDR Infrastructure Permit
submittal (see Infrastructure
Permit Process)
Approval to Construct
submittal to MCESD
Infrastructure Permit must be
in a ready to be issued Status
before Staff approval.
Approval to Construct must be
Issued before Final Plat
approval
Planner will obtain Planning, Assessor and Treasurer signatures
on Mylars.
Final Plat Approval by Staff
Recordation of the Mylars
(approximately 1 week after Board hearing)
Applicant to deliver 2 copies of recorded Mylars to Planning and
Development, pay outstanding infrastructure permit fee with
infrastructure permit issuance.
Maricopa County Planning and Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Adopted: August 6, 1990
Revised: March 2021
PREFACE
CHAPTER 1 – TITLE, AUTHORITY, JURISDICTION, PURPOSE & DEFINITIONS
Section
Page
101
Title
1
102
Authority
1
103
Jurisdiction
1
104
Purpose
1
105
Definitions
2
CHAPTER 2 – SUBDIVISION APPLICATION & APPROVAL
Section
Page
201
Purpose
1
202
Preliminary Plat
1
203
Final Plat
5
204
Replats
9
205
Corrective Plats
9
206
Abandonments
10
207
Development Master PlanMaster Plats
10
CHAPTER 3 – SUBDIVISION DESIGN PRINCIPLES, STANDARDS & MINIMUM
IMPROVEMENTS REQUIRED
Section
Page
301
Purpose
1
302
Subdivision Design Principles
1
303
Design Standards
1
304
Improvements
7
305
Plans, Specifications and Supervision
11
306
Provisions for Maintenance and Operation
11
307
Suitability of the Land
12
308
Reservations for Public Facilities and Services
12
309
Water Use
13
CHAPTER
4
–
ADOPTION
APPROVAL,
AMENDMENTS,
ADMINISTRATION,
ENFORCEMENT AND FEES
Section
Page
401
Adoption Approval and Amendments
1
402
Administration
1
403
Enforcement
2
404
Fees
2
CHAPTER 5 – VARIANCES & MODIFICATIONS
Section
Page
501
Variances
1
502
Large Scale Development
1
503
Conditions
1
CHAPTER 65 – VIOLATION AND PENALTY
Section
Page
601
Violation
1
602
Penalty
1
CHAPTER 76 – SEPARABILTY CLAUSE, REPEAL OF CONFLICTING ORDINANCES,
EFFECTIVE DATE
Section
Page
701
Separability Clause
1
702
Repeal of cConflicting Ordinances
1
703
Effective Date
1
PREFACE
The subdivision of land is the first step in the process of community building. The
designer of a subdivision is in actuality planning an integral portion of the urban
community, not an isolated residential entity. Therefore, land subdivision in harmony with
public objectives is essential for sound community growth.
Poor subdivisions in the past, with their lack of coordination with each other, have created
problems for communities that have sometimes been insurmountable. They have
increased the cost of public and private improvements, caused traffic congestion, and
created early blight and obsolescence.
Good subdivisions lead to the development of permanently stable neighborhoods
offering to their residents safe, healthful and pleasant living conditions. To the developer
these factors are essential to buyer appeal, increased sales, sustained profits, and good
reputation. From the public viewpoint, these are basic living needs and the elements of
sound residential growth.
Subdivision of land is the method of transforming a community plan into a reality. The
subdivider's layout of streets and blocks becomes a permanent part of the community of
tomorrow, and a community plan is either realized or lost with the subdivision of land.
Therefore, the control a community retains over land subdivision is one method by which
the elements of a comprehensive plan are achieved.
Some individuals may regard subdivision review as unwarranted interference with their
right to do as they please with their private property. However, if the health, safety,
comfort, convenience and general welfare of the community are to be obtained and
preserved, then community guidance and review of subdivisions is a necessity. Thus,
land subdivision involves a grave responsibility that must be shared by the private
developer and the governmental agencies concerned.
The regulations, procedures, principles and standards contained herein and the
administrative guidelines are intended to provide a common ground of understanding and
a sound and equitable working relationship between public and private interests to the
end that both independent and mutual objectives can be achieved.
A regulation of Maricopa County, Arizona, providing for the regulation of subdivision
development within the unincorporated area of the County, defining its terms, setting
forth subdivision platting procedures and requirements, establishing subdivision design
principles and standards, establishing street and utility improvement requirements,
providing for modification of the regulations and for other purposes. The provisions of
these regulations shall be in accordance with Arizona Revised Statutes, Title 11, Chapter
6, Article 1, Section 11-806.01 821-823.
SECTION 101. TITLE
This Regulation may be cited as “Subdivision Regulations for the Unincorporated
Area of Maricopa County” or “Maricopa County Subdivision Regulations”.
SECTION 102. AUTHORITY
By authority of the Maricopa County Board of Supervisors adopted pursuant to the
powers and jurisdictions vested through Arizona Revised Statutes, Title 11, Chapter 6,
Article1, Section 11-806.01 and other applicable laws, statutes, orders, and regulations of
the State of Arizona and County of Maricopa, the Maricopa County Board of Supervisors
does hereby exercise the power and authority to review and approve or disapprove, based
upon recommendation of the Maricopa County Planning and Zoning Commission, plats
for subdivision of land within the unincorporated areas of the County.
These provisions provide for the regulation of division of land and subdivision
development in accordance with Arizona Revised Statutes and set forth subdivision
planning procedures and requirements for development in unincorporated Maricopa
County.
SECTION 103. JURISDICTION
These subdivision regulations shall apply to all subdivisions of land, as defined herein,
located within unincorporated areas of the County. No land shall be subdivided within
the unincorporated areas of the County until the subdivider or his agent complies with
these regulations, and shall obtain approval of the preliminary plat by the Planning and
Zoning Commission and approval of the final plat by the Department Board of
Supervisors. In addition, no land shall be subdivided until the approved plat is filed with
and recorded by the Maricopa County Recorder's Office.
SECTION 104. PURPOSE
The purpose of these Regulations is to promote and protect the health, peace, safety,
comfort, convenience and general welfare of the citizens of Maricopa County by
regulating the orderly subdivision of property of all land within the unincorporated area of
Maricopa County and provide for the orderly growth and harmonious development of the
County; to iensure adequate traffic circulation through coordinated street systems with
relation to major thoroughfares, adjoining subdivisions and public facilities; to achieve
individual property lots of reasonable utility and livability; to secure adequate provisions
for
water
supply,
power,
drainage,
protection
against
flood,
storm
water
retention/detention, sanitary sewerage; paved streets and other accesses; and other
health and safety requirements; to consider adequate sites for schools, recreation areas,
and other public facilities; to promote the conveyance of land by accurate legal
description; and to provide practical procedures for the achievement of this purpose.
SECTION 105. DEFINITIONS
For purposes of these Regulations, certain words, terms and phrases are hereby defined.
Words in the present tense shall include the future; the singular number shall include the
plural and the plural the singular; the word "structure" includes the word "building"; the
word "shall" is mandatory and not directory, and the word "may" is permissive.
1.
Alley: A passage or way open to public travel, affording generally a secondary
means of vehicular access to abutting lots or upon which service entrances of
buildings abut, and not intended for general traffic circulation.
2.
Approval, Preliminary: Conditional approval of the Preliminary Plat by the
Commission Department as evidenced in its meeting minutes and noted upon
prints of the PlatPlat documents; constitutes authorization to proceed with final
Engineering Plans and Final Plat preparation.
3.
Approval, Final: Unconditional approval of the Final Plat by the Board Department
as evidenced by certification on the Plat by the Chairman and the Clerk of the Board;
constitutes authorization to record a plat.
4.
Assurance: A guarantee that the specified improvements and services will be
accomplished. This must be in the form of a financial guarantee, including, but not
limited to, a Subdivision Bond, an irrevocable Letter of Credit, a Certificate of
Deposit or a Certified Check for construction of improvements. Utility service
assurances may be provided by letter from water, sewer and other appropriate
utility companies to guarantee improvements.
5.
Board: The Board of Supervisors of Maricopa County.
6.
Building Line: A line between which line and street right-of-way no building or
structure or portion thereof, shall be erected, constructed and/or established other
than steps, uncovered/unenclosed porches and roof overhangs.
7.
Commission: The Maricopa County Planning and Zoning Commission.
8.
Common Elements: All portions of a condominium other than the units.
9.
Common Elements, Limited: A portion of the common elements specifically
designated as a limited common element in the declaration and allocated by the
declaration or by operation of Arizona Revised Statutes, Section 33-1212,
Paragraph 2 or 4, (or its successor) for the exclusive use of one or more but fewer
than all of the units.
10.
Common Promotional Plan: A plan undertaken by a person or a group of persons
acting in concert, to offer lots for sale or lease. If the land is offered for sale by a
person or group of persons acting in concert, and the land is contiguous or is
known, designated or advertised as a common unit or by a common name, the land
is presumed, without regard to the number of lots covered by each individual
offering, as being offered for sale or lease as part of a common promotional plan.
Separate subdividers selling lots or parcels in separately platted subdivisions within
a master planned community shall not be deemed to be offering their combined
lots for sale or lease as part of a common promotional plan.
11. Condominium: A lot or parcel, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership solely
by the owners of the separate portions. A lot or parcel is not a condominium unless
the undivided interests in the common elements are vested in the unit owners. For
further information on condominiums as regulated in Arizona Revised Statutes,
Section 3, Title 33, Chapter 9, please see Appendix C of the Subdivision Regulations
administrative guidelines.
12. County: Maricopa County or designated department.
13. County Engineer: The Director or authorized representative of the Maricopa County
Department of Transportation.
14.
Department: The Maricopa County Planning and Development Department.
15. Director: Director of the Maricopa County Planning and Development Department
or duly authorized representative.
16. Drainage:
a.
Drainage Design Manual: All technical information concerning drainage
shall be prepared using the Drainage Regulations included in the Maricopa
County Zoning Ordinance Drainage Design Manual for Maricopa County,
Volume I: Hydrology, Volume II: Hydraulics, or Volume III: Erosion. Other
methodologies or procedures may be used only with written consent of the
Flood Control District.
b.
Drainage, Local: Water which accumulates as a result of local storms and
flows over land not included in a delineated floodplain. This shall include
sheetflow and such flow as may be concentrated in local drainage systems
with or without defined channels, excluding delineated floodplains.
c.
Drainage, 100-Year Storm (Peak Discharge): Local drainage resulting from
a storm which has a one percent chance of occurring annually, based upon
a Design Storm within a defined area.
d.
Drainage, 100-Year, Two Hour Volume: As defined in the Maricopa County
Drainage Design Manual, Volume I.
e.
Drainage, Off-Site: The storm surface waters emanating from lands
outside the limits of the proposed subdivision and draining through the site
of the proposed subdivision.
f.
Drainage, Direct On-Site Runoff: That portion of the rainfall which falls
within the entire limits of the proposed subdivision and which flows across
the land or enters streams promptly after the rainfall.
17.
Easement: A grant by a property owner of the use of a strip of land for a specific
purpose or purposes, by the general public, corporation, or a certain person or
persons.
a.
Easement, Aerial: A grant by a property owner for the use of a strip for the
purpose of extending overhead utilities or other similar purposes.
b.
Easement, Drainage: An area reserved exclusively for conveyance or of
stormwater runoff. No underground utilities nor above grade obstructions
may be placed within a drainage easement. The final plat shall contain
language approved by the Flood Control DistrictDirector prescribing
building restrictions, access, and maintenance responsibilities with the
drainage easement.
c.
Easement, Non-Vehicular Access: An easement prohibiting vehicular
access from a street, or between inappropriate uses (i.e., zoning district
boundaries).
18.
Flood: A general and temporary overflow of water onto normally dry land areas.
a.
Flood, Regulatory: The 100-year flood as determined by criteria established
by the Federal Emergency Management Agency.
b.
100-Year Flood: A flood that has a one percent chance of occurring
annually, based upon the criteria established by the Arizona Department of
Water Resources.
19.
Floodplain:
a.
Floodplain, Delineated: That area delineated and mapped as a special flood
hazard area (floodplain) as indicated on flood insurance rate maps
(firmsFIRMs) approved by the Federal Emergency Management Agency.
b.
Floodplain, Regulatory: Any area which has been determined by the Flood
Control District to be subject to inundation during the regulatory flood and
which is subject to the Ffloodplain Rregulations of Maricopa County.
c.
Floodway: The channel of a river or other watercourse and the adjacent land
areas necessary in order to discharge the one hundred-year flood without
cumulatively increasing the water surface elevation more than one foot.
20.
Lake: A body of water other than a swimming pool which has a surface area greater
than 12,320 square feet. Two or more lakes that are connected are considered to
be one lake.
21. Lot: Any lot, parcel, tract of land, or combination thereof, shown on a plat of record
or recorded by metes and bounds, having frontage on a public or private street or
on a permanent roadway easement which adjoins a street, and intended for transfer
of ownership or intended or used for building development.
22.
Lot, Double Frontage: A lot which extends from one street to another street, existing
or proposed, except where a non-vehicular access easement has been established
on such a lot. See also, through lot.
23. Lot, Hillside: Any lot or portion of a lot where the terrain has a natural slope of 15
percent or greater.
24. Minor Land Division: Improved or unimproved lands which are divided or proposed
to be divided for the purpose of sale or lease, whether immediate or future, into five
or fewer lots or parcels all of which have or will have a gross area less than thirty-
six acres, measured to the center line of contiguous roads and easements,
including residential condominiums as defined in Arizona Revised Statues, Title 33,
Chapter 9. This definition shall not include the financing or leasing of apartments,
offices, stores or similar space within apartment buildings, industrial buildings,
commercial buildings; mobile home parks or trailer parks; land dedicated for
cemetery purposes; or parcels leased or sold for agricultural purposes pursuant to
Section 11-830, Arizona Revised Statutes.
25.
Non-Potable Water: Water which cannot feasibly be economically or
technologically treated to meet Federal Environmental Protection Agency drinking
water standards.
26. Owner: The person or persons holding title by deed to land, or holding title as
vendees under land contract, or holding any other title of record.
27.
Parcel Map: A map of a minor land division, duly recorded in the Maricopa County
Recorder's Office.
28.
Person: Any firm, partnership, association, corporation, individual or any agency of
any of the foregoing, or the state or any agency or political subdivision thereof.
29.
Plan, County: A comprehensive plan, or parts thereof, providing for the future
growth and improvement of Maricopa County and for the general location and
coordination of streets and highways, schools and recreation areas, public
building sites, flood control channels, and other physical development, which shall
have been duly adopted by the Board.
30.
Plan, Development Master: A preliminary master plan for the development of a
community or other large land area, the platting of which is expected to be
undertaken in progressive stages. A Development Master Plan shall be subject to
Commission and Board Approval.
31.30. Plans, Engineering: Plans, profiles, cross-sections and other required details for
the construction of public improvements, prepared by a registered professional
engineer in accordance with the approved Preliminary Plat and in compliance with
standards of design and construction or policies approved by the Board.
32.31. Plat: A map of a Subdivision.
a.
Preliminary Plat: A preliminary map, including supporting data, indicating a
proposed subdivision development, prepared in accordance with these
Regulations.
b.
Final (Record) Plat: A map of all or part of a subdivision providing
substantial conformance to an approved Preliminary Plat, prepared in
accordance with these Regulations and approved by the County the Board
before recordation.
c.
Recorded Plat: A Final Plat bearing all of the certificates of approval
required in Section 203 of these Regulations and duly recorded in the
Maricopa County Recorder's Office.
d.
Corrective Plat: A plat recorded to indicate minor changes made to a
previously recorded plat.
d.
Replat (Amended Final Plat): A process whereby four or more lots are
created, deleted or combined from existing lots on a recorded plat, where
additional dedication or land for a public street is involved or where
abandonment of a street, alley or easement in a previously recorded
subdivision is necessary.
e.
Master Plat: A master-planned development with multiple subdivision
phases and/or plans of development with parcels for the future phases of
development and the dedicating of arterial and collector roads.
33.32. Potable Water: Water which meets Environmental Protection Agency Drinking
Water Standards for human consumption, or which can feasibly be economically
or technologically treated to meet such standards.
34.33. Reclaimed Water: Wastewater that has completed its passage through a
wastewater treatment plant (ADEQ 7 MCHD Code). Reclaimed wastewater equals
effluent which meets the standards for the specific use contained in R 18-9-703
(ADEQ).
35.
34. Standards, Public Improvement: A set of regulations setting forth the details,
specifications and instructions to be followed in the planning, design and
construction of certain public improvements in Maricopa County, formulated by
the Maricopa County Department of Transportation, Flood Control District of
Maricopa County, the Maricopa County Environmental Services Department, and
other County Departments.
36.35. Streets: That area, whether public or private, between right-of-way lines, dedicated,
reserved or provided for roadway purposes and other uses not inconsistent
therewith.
a.
Arterial Route: A general term including freeways, expressways and arterial
streets; an interstate, state, or county highway having regional continuity;
any urban street having considerable continuity and carrying a large volume
of both passenger and commercial vehicles. These arterial routes are
normally on the section lines.
b.
Collector Street: A neighborhood street with limited continuity and having
the primary function of carrying residential traffic from minor streets to
arterial routes; a secondary function being to provide access to abutting
residential properties.
c.
Frontage Road: A minor street parallel and adjacent to an arterial route
which provides access to abutting property, intercepts minor residential
streets and controls access to an arterial route.
d.
Minor Street: A street used primarily for providing access to abutting
property.
e.
Cul-de-sac Street: A minor residential street having one end permanently
terminated in a vehicular turnaround.
f.
Loop Street: A minor residential street that forms a loop and returns to the
same street from which it originated.
37.36. Subdivider: A subdivider shall be deemed to be the individual, firm, corporation,
partnership, association, syndicate, trust or other legal entity that files the
application and initiates proceedings for the subdivision of land in accordance
with the provisions of this Ordinance; and said subdivider need not be the person
or persons holding title by deed to land, or holding title as vendees under land
contract or holding any other title of record, but they must be authorized agents.
38.
37. Subdivision (or subdivided lands): Improved or unimproved land or lands
divided or proposed to be divided for the purpose of sale or lease, whether
immediate or future, into six or more lots, parcels or fractional interests.
Subdivision or subdivided lands include a stock cooperative and include divided or
proposed to be divided as part of a common promotional plan. This paragraph
shall not apply to leasehold offerings of one year or less, or to the division or
proposed division of land located in the State of Arizona into lots or parcels each
of which is or will be thirty-six acres or more in area including to the center line of
dedicated roads or easements, if any, contiguous to the lot or parcel and provided
further that this definition shall not be deemed to include the leasing f agricultural
lands, or of apartments, offices, stores, hotels, motels, pads or similar space within
an apartment building, rental recreational vehicle community, rental manufactured
home community, rental mobile home park or commercial building, except that
residential condominiums as defined in Arizona Revised Statutes, Title 33, Chapter
9 shall be included in this definition nor shall this definition include the subdivision
into or development of parcels, plots, or fractional portions within the boundaries
of a cemetery that has been formed and approved pursuant to State Statutes.
38. Subdivision Coordinator: Individual designated to route subdivision reviews to
relevant agencies and designated to review a subdivision plat in accordance with
the subdivision regulations.
39. Technical Advisory Committee (T.A.C.): A Technical Review Committee made
up of employees from the Maricopa County Department of Transportation, the
Maricopa County Flood Control District, the Maricopa County Environmental
Services Department and the Maricopa County Planning and Development
Department.
40.
Through Lot: A lot having a pair of opposite lot lines abutting two streets, and is
not a corner lot. On such lot, both lot lines are front lot lines, except where a non
vehicular access easement has been established on such a lot, the front lot line
shall be considered as that lot line not containing the non-access easement.
41.
Unit: A portion of a condominium designated for separate ownership or
occupancy.
42.
Utilities: Installations or facilities, underground or overhead, furnished for the use
of the public electricity, gas, steam, communications, water, drainage, sewage
collection, treatment and disposal, cable TV, telephone or flood control, owned and
operated by any person, firm, corporation, municipal department or board, duly
authorized by State or municipal regulations.
43.
Utility Committee: An individual or group of individuals designated by the several
utility companies as their representative(s) in subdivision matters related to
location of any or all private utilities.
44.
Way, Pedestrian: A public walk provided entirely through a block from street to
street and/or providing access to a school, park, recreation area or a shopping
center.
SECTION 201. PURPOSE
The purpose of this Chapter is to establish application, review, approval, and recordation
processes for subdivisions (i.e., preliminary plats, final plats, replats, waivers, corrective
plats, lot line relocations), and Development Master Plans.
SECTION 202. PRELIMINARY PLAT
The preliminary plat stage of land subdivision includes detailed subdivision planning by
subdivider, application submittal, review of the plat by the Department, the Technical
Advisory Committee, and review and action by the Department Commission.
1.
APPLICATION SUBMITTAL: A preliminary plat application shall be made to the
Department. Such application shall be made on forms, together with documents
and drawings, the precise contents of which shall be as provided by administrative
guidelines in the application packet as adopted by the Maricopa County Board of
Supervisors. The preliminary plat application will not be considered accepted for
processing or approval until all required information as described in the
application and aforementioned administrative guidelines is provided to the
Department and appropriate fees as provided herein are paid.
2.
INFORMATION REQUIRED FOR PRELIMINARY PLAT SUBMITTAL:
A preliminary plat shall contain the following information areas (more detailed
information required shall be as specified in the application packet Administrative
Guidelines):
a.
Identification of the subdivision by name, location, legal description and
zoning district.
b.
Identification of persons involved in the preliminary plat application (e.g.,
owner, subdivider, engineer, surveyor).
c.
Location of all lots in the subdivision and verification of Zoning Ordinance
compliance. All lots which are considered potentially reserved for school
sites and fire stations in accordance with Section 308 of these regulations
shall also be shown on the preliminary plat.
d.
Location of all public streets and private rights of way, both existing and
proposed.
e.
Quantification, and accurate location of all drainage features (e.g.
regulatory and delineated floodplains, lakes, streams, washes, canals,
irrigation laterals or tailwater ditches, drainage easements, drainage tracts,
and retention or detention facilities), both existing and proposed.
f.
Identification of method of providing domestic water supply and sewage
collection, treatment and disposal facilities, both existing and proposed.
g.
Identification and location of all utilities in and for the subdivision, both
existing and proposed.
h.
Identification of method of fire protection.
i.
Identification of a condominium and its characteristics, if applicable, and
its conformance with zoning ordinance standards.
j.
Identification of a Unit Plan of Development and its characteristics, if
applicable, and its conformance with zoning ordinance standards.
k.
A list by lot, parcel and/or tract number that identifies lot width and area for
each lot, parcel and/or tract.
l.
Any other information as may be required by the administrative guidelines
included in the application packet, in order to carry out the purpose and
intent of these Regulations.
m.
Preliminary plat boundaries shall include all portions of any existing parcel
included in the subdivision.
3.
DEPARTMENT/TECHNICAL ADVISORY COMMITTEE REVIEW PROCESS:
a.
The subdivision shall be designed to comply with the requirements of the
specific zoning district within which it is located. In the event that a change
of zoning is necessary, a rezoning application may be processed
concurrently.
b.
Upon acceptance of the preliminary plat application, the Department will
distribute all application information to the following reviewing offices:
1.
Maricopa County Department of Transportation (MCDOT)
2.
Flood cControl District of Maricopa County (FCDMC)
3.
Maricopa County Environmental Services Department (MCESD)
4.
Maricopa County Department of eEmergency Management
(MCDEM) (where warranted)
5.
Maricopa County Parks & Recreation Department
6.
Maricopa County Library District Arizona Game and Fish Department
(AZGFD)
7.
Arizona Department of Transportation (ADOT) (where warranted)
8.
Arizona Department of Water Resources (ADWR)
9.
Arizona State Historic Preservation Office (AZSHPO)
10.
Luke Air Force Base (where warranted)
11.
Salt River Project or Arizona Public Service as applicable
12.
Rural Metro, Arizona Fire and Medical Authority or other appropriate
fire department or district
13.
Superintendent of the appropriate school district
14.
Any city or town within three miles of the limits of the proposed
subdivision
15.
Other organizations, irrigation districts, service providers or
individuals with special expertise or interest
c.
Upon acceptance of the preliminary plat application, the Department will
schedule the matter for review at the next available Technical Advisory
Committee meeting. The purpose of this Committee meeting is to resolve
with all affected parties, technical problems with the proposed subdivision
before hearing by the Commission. The subdivider and/or his
representative(s) is/are required to attend the Technical Advisory
committee to meet together with representatives of the Committee. More
than one Technical Advisory Committee meeting may be required.
d.
The preliminary plat will not be approved scheduled for hearing by the
Commission unless:
1.
It contains all of the required information as specified in the
application packet to Department satisfaction; and
2.
Written responses have been received from all county departments
which have representatives on the Technical Advisory Committee that
the preliminary plat is in satisfactory form.;
3.
All fees and fines owed to the Department as a result of any activity or
inactivity attributable to the property that is the subject of application
are brought current and paid in full or any amounts owed pursuant to
an agreement of compliance are current, as the case may be; and
4.
Scheduling Approval of a preliminary plat for a commission hearing
will be dependent upon adequacy of data presented and completion
of review by all agencies concerned.
4.
PRELIMINARY PLAT APPROVAL:
a.
If satisfied that all requirements of these regulations have been met, the
Commission County may approve the preliminary plat subject to
stipulations. If approved a notation of approval shall be stamped on two
copies of a digital version of the plat, one being returned to the subdivider
and one retained in the permanent file of the Department. Once approved,
stipulations of approval can only be modified by the Commission subject to
the required fee.
b.
If the Commission Department finds that the plat requires revision, the plat
shall be held over pending subject to resubmittal and additional review
revisions, resubmittal, processing and rescheduling for hearing.
c.
If approval of a plat is rejected denied by the Department, the new filing of
a plat for the same tract, or any part thereof, shall follow the aforementioned
procedure and be subject to the required fee. If the plat is rejected, it shall
be forwarded to the Board of Supervisor’s (BOS) for final disposition. If the
BOS rejects the plat, any new filing of the plat shall not be filed within a
period of one (1) year unless in the opinion of the Commission there is a
change of circumstances warranting such filing. A preliminary plat that is
denied approval by the Department may appeal to the Planning and Zoning
Commission and the Board. An appeal must be requested on an official
application form within thirty (30) calendar days of issuance of the decision
to deny the plat. Following the request to appeal, the Department will
schedule the appeal for the next available meeting of the Planning and
Zoning Commission who will make a recommendation to the Board or
remand the matter.
d.
Preliminary plat approval constitutes authorization for the subdivider to
proceed with the preparation of the final plat and the final engineering plans
and specifications for public improvements. Final engineering plans shall
be based on the design criteria in place at the time of application for the
Final Plat
Preliminary approval is based on the following:
1)
The basic conditions under which preliminary approval of the plat is
granted will not be changed prior to the expiration date.
2)
Preliminary plat approval is valid for a period of twenty four (24)
months from the date of approval Commission action.
3)
For a preliminary plat that includes phases, the preliminary plat shall
remain valid for a period not to exceed twenty-four (24) months from
the date of recording of any final plat that conforms to the approved
preliminary plat. This validity period may be administratively
extended an additional twelve (12) months from the date of
expiration, if in the opinion of the Director, satisfactory progress has
been made towards completion of the final plat for the next phase of
subdivision development. *3
e.
No application shall be scheduled for an appeal hearing by any board or
commission acting pursuant to the “Maricopa County Subdivision
Regulations (MCSR)”, or administratively approved unless and until all fees
and fines owed to the Department as a result of any activity or inactivity
attributable to the property that is the subject of the application are brought
current and paid in full or any amounts owed pursuant to an agreement of
compliance are current, as the case me be. This requirement shall not be
waived by the board/commission. *1 *2
5.
PRELIMINARY PLAT EXTENSIONS:
a.
Upon written request by the property owner, a preliminary plat may be
administratively extended for an additional period not to exceed twelve (12)
months from the date of the expiration of the original approval by the
Planning Commission, if in the opinion of the Director, evidence has been
submitted indicating that satisfactory progress has been made towards
completion of the final plat. Among other evidence, evidence of satisfactory
process may include:
1) Submittal of a final plat application;
2) Documentation of a substantial delay necessitating the request; and/or,
3) Evidence demonstrating an impending purchase of the land and an
immediate intent to submit a final plat once the purchase occurs.
b.
If in the opinion of the Director, satisfactory progress has not been made
then an application for a new preliminary plat will be required and the new
application must follow the procedures outlined in Section 202 the request
for extension will be scheduled for formal review by the Planning
Commission.
c.
If any changes other than a time extension to the original approval of the
preliminary plat by the Commission County are proposed such as phasing,
stipulations of approval, etc. an application for a new preliminary plat will
be required and will follow the procedures outlined in Section 202.
d.
No application shall be scheduled for an appeal hearing by any board or
commission acting pursuant to the “Maricopa County Subdivision
Regulations (MCSR)”, or administratively approved unless and until all fees
and fines owed to the Department as a result of any activity or inactivity
attributable to the property that is the subject of the application are brought
current and paid in full or any amounts owed pursuant to an agreement of
compliance are current, as the case me be. This requirement shall not be
waived by the board/commission. *1*2
SECTION 203. FINAL PLAT
The final plat stage of land subdivision includes submittal, review and approval of the
final plat and improvements required by the County Board and recording of the plat with
the County Recorder. The final plat shall conform to the approved preliminary plat and
any stipulations of approval thereto made by the Commission.
1. APPLICATION SUBMITTAL: A final plat application shall be made to the
Department. In accordance with Arizona Revised Statutes, Section 32-101, a land
surveyor registered in the State of Arizona is the only person that can sign a final
plat. A registered engineer cannot sign a final plat unless he is registered as a land
surveyor and uses the surveyor seal. Such application shall be made on forms,
together with documents and drawings, the precise contents of which shall be as
provided by administrative guidelines included in the application packet as
adopted by the Maricopa County Board of Supervisors. The application must be
submitted a minimum of 75 working days prior to the regular meeting at which the
subdivider desires to be heard by the Board (this period of time for review may be
shorter or longer based on the applicant's compliance with technical aspects of
these Regulations). The final plat application will not be considered for processing
or approval until all required information as described in the aforementioned
administrative guidelines included in the application packet is provided to the
Department and appropriate fees as provided herein are paid.
2.
INFORMATION REQUIRED FOR FINAL PLAT SUBMITTAL: A final plat shall
contain the following information areas (detailed information required shall be as
specified in the administrative guidelines included in the application packet):
a.
Identification of the subdivision by name, location, legal description and
zoning district.
b.
Identification of persons involved in the plat preparation (e.g., owner,
subdivider, engineer, surveyor, etc.).
c.
Identification of all lots in the subdivision utilizing engineered data. This
shall include certification by a registered professional land surveyor
preparing the plat that it is correct and accurate. All lots which have been
recommended by the County Commission to be reserved for school sites
and fire stations in accordance with Section 308 of these regulations shall
also be shown on the final plat.
d.
Identification of all public streets and private rights of way. This shall
include the identification of dedication of all streets and alleys for public
use, and an acknowledgment of that dedication.
e.
Identification and accurate location of all drainage or water features such
as washes, floodplains, drainage tracts or easements, lakes, etc.
Maintenance
responsibilities,
building
restrictions,
and
access
requirements shall be specified for tracts or easements used for drainage,
using language approved by the Flood Control District.
f.
Identification of method of fire protection.
g.
Identification of a condominium and its characteristics, if applicable, and
its conformance with zoning ordinance standards.
h.
Identification of a Unit Plan of Development and its characteristics, if
applicable, and its conformance with zoning ordinance standards.
i.
Assurance Statements:*4
1)
Format of Assurance Statements shall be as specified in the
administrative guidelines. Provided on the plat as follows:
“Assurance, for provision of required subdivision improvements and
infrastructure, sufficient to protect Maricopa County and in
accordance with the requirements of A.R.S. § 11-821 and A.R.S. §
11-822 and the Zoning Ordinance for the Unincorporated Area of
Maricopa County has been provided in a form acceptable to the
Director of the Maricopa County Planning and Development
Department, in consultation with the County Engineer.” or,
A statement that all improvements associated with the subdivision
are existing and approved.
2)
Assurance requirements:
A.
In order to ensure the proper installation of all required
improvements by the subdivider, assurances are required for
street, sewer, drainage, flood control and other improvements
meeting established minimum standards of design and
construction. Assurances may be required for sewer, electric
and water utilities, or related support facilities, at the county’s
discretion. In order to mitigate adverse impacts from
construction, at the county’s discretion, assurance shall be
required for restoration/remediation of disturbance, and/or
any other item of concern. There shall be a demonstration of
adequate water supply. A 100 Year Assured Water Supply
must be provided for all subdivision lots within an Active
Management Area.
B.
An assurance shall be provided prior to Board approval of any
plat.
C.
Should the assurance be in the form of an agreement, such
agreement shall be recorded.
D.
Maricopa County shall be named as beneficiary of the
assurance.
E.
Types of assurances: Maricopa County, at its discretion, may
accept any, or a combination, of the following assurances in
a form and substance approved by the County attorney and
acceptable to the Board:
a.
Cash or certified check.
b.
Surety (performance) bonds executed by a company
authorized and licensed to do business in the State of
Arizona, ensuring the performance of the principal
(developer or owner) as required by this section.
c.
Certificate of deposit, United States Treasury bills, or
any security guaranteed by the United States
government.
d.
A deposit of money or negotiable bonds, of the kind
approved for securing deposits of public monies, with
a responsible escrow agent or trust company
authorized and licensed to do business in the State of
Arizona;
e.
An un-expirable irrevocable letter of credit in favor of
Maricopa County from a third-party financial institution
authorized and licensed to do business in the State of
Arizona;
f.
Third party trust agreement as long as it meets all the
requirements listed below:
i.
The placement of the title to the subdivision in
trust with a third-party escrow agency or trust
company authorized and licensed to do
business in the State of Arizona along with an
agreement between the trustee and Maricopa
County that title to any lot or parcel within the
subdivision shall not be transferred until all
improvements required by these regulations
have been installed, accepted by Maricopa
County, and written approval for release has
been granted by Maricopa County to the escrow
agency or trust company holding the property in
trust.
ii.
The agreement shall contain a condition
authorizing Maricopa County to abandon the
subdivision and re-subdivide the property
should the required improvements fail to be
installed in compliance with Maricopa County’s
standard specifications.
iii.
Partial lot releases may be allowed for each
recorded final plat. The Board, or its designee,
shall not authorize any release until the required
improvements, as determined by Maricopa
County, have been completed.
iv.
After final plat approval, building permits for
model homes may be issued prior to completion
of all required improvements for each release.
These homes shall not be sold to individual
property owners or occupied for residential use
until they are in compliance with all County
codes and released for sale by the County.
Additional model home building permits for
subsequent releases shall not be issued for
subsequent releases until improvements are
completed in the previous release unless
specifically approved by the Director of the
Planning and Development Department.
v.
The subdivider shall record the approved third
party trust agreement before plat approval and
note the recording information on the face of
the final plat.
vi.
A third party trust agreement may
be
substituted for an existing assurance where no
lots have been sold in the subdivision.
g.
Or other form of assurance as deemed appropriate by
the Director of the Planning and Development
Department in consultation with the County Engineer.
F.
Board of Supervisors’ approval: The approval of the Board of
Supervisors shall be endorsed in writing on the plat and shall
include specific identification of an approval of the
assurances required by these regulations. The approval does
not require a public hearing and the endorsement is made by
signature of the Chairman of the Board of Supervisors.
G.
Substitute assurances and time extensions.
a.
Requests for substitute assurances or assurance
agreement time extensions shall be submitted in
writing to the subdivision coordinator for review by the
Director of the Planning and Development Department
and the County Engineer, or as delegated by the Board
of Supervisors.
b.
These
departments
shall
provide
written
recommendations to the subdivision coordinator, who
shall forward them the recommendations to the
Director of the Planning and Development Department
and the County Engineer, or as delegated by the Board
of Supervisors for final decision.
H.
Release of assurances.
a.
Requests to release subdivision assurances shall be
submitted in writing to the subdivision coordinator for
review by the Planning and Development Department
and the Department of Transportation, or as delegated
by the Board of Supervisors.
b.
These
departments
shall
provide
written
recommendations to the subdivision coordinator, who
shall forward them to the Director of the Planning and
Development Department and the County Engineer, or
as delegated by the Board of Supervisors.
j.
Certifications from the following Maricopa County Agencies (specific
format of Certifications shall be as specified in the administrative
guidelines included in the application packet):
1)
Maricopa County Department of Transportation or Planning and
Development, as applicable.
2)
Maricopa County Assessor.
3)
Maricopa County Treasurer.
k.
A statement regarding adherence with the provisions of Article 1112 of the
Maricopa County Zoning Ordinance (Outdoor Light Control Provisions).
l.
Notes on final plat delineating ownership and maintenance of all private
streets and tracts.
m.
Space for approval of the Board under the signature of the Chairman of the
Board and attested to by the Clerk of the Board.
n.
A list by lot, parcel and/or tract number that identifies lot width and area for
each lot, parcel and/or tract. (Identify by footnote all changes made from
preliminary plat list.)
o.
Any other information as may be required by the Department administrative
guidelines, in order to carry out the purpose and intent of these Regulations.
3.
DEPARTMENT/COUNTY AGENCIES REVIEW PROCESS:
a.
1.
Maricopa County Department of Transportation (MCDOT)
2.
Flood Control District of Maricopa County (FCDMC)
3.
Maricopa County Environmental Services Department (MCESD)
4.
Maricopa County Department of Emergency Management (MCDEM)
(where warranted)
5.
Maricopa County Parks & Recreation Department
6.
Maricopa County Library District Arizona Game and Fish Department
(AZGFD)
7.
Arizona Department of Transportation Department (ADOT) (where
warranted)
8.
Arizona Department of Water Resources (ADWR)
9.
Arizona State Historic Preservation Office (AZSHPO)
10.
Luke Air Force Base (where warranted)
11.
Salt River Project or Arizona Public Service as applicable
12.
Rural Metro, Arizona Fire and Medical Authority or other appropriate
fire department or district
13.
Superintendent of the appropriate school district
14.
Any city or town within three miles of the limits of the proposed
subdivision
15.
Other organizations, irrigation districts, service providers or
individuals with special expertise or interest
The reviewing offices shall make known their recommendations in writing
addressed to the department. The department shall assemble the
recommendations of the various reviewing offices, and will make them
available to the subdivider for any necessary revisions or corrections.
b.
The reviewing agencies shall review said final plat. Once each of the
primary reviewing agencies (Planning and Development, Department of
Transportation, Engineering Plan Review – Flood Control, Engineering Plan
Review – Drainage, Environmental Services and the Fire District, as
applicable) have indicated the proposed final plat was prepared in
accordance with their respective requirements, the Planning and
Development Department shall inform the subdivider of such. Upon such
notification, the subdivider shall prepare no less than two (2) mylar copies
of the final plat. The subdivider shall sign and have notarized the
appropriate acknowledgements and dedications, and shall present said
mylars to the Maricopa County Department of Transportation (MCDOT) for
review and acceptance by the County Engineer (or Planning Director in the
event of alternative assurances). Upon said acceptance, the subdivider
shall retrieve the mylars from MCDOT and shall present said mylars to the
Planning and Development Department, who shall then forward said mylars
to the County Assessor’s Office and County Treasurer’s Office for their
respective signatures. Upon receipt of said signatures, the Planning and
Development Department shall retrieve said mylars and schedule the final
plat for review forward said mylars for signature by the Chairman of the
Board of Supervisors for signature pursuant to state statute.
c.
No application shall be scheduled for an appeal hearing by any board or
commission acting pursuant to the “Maricopa County Subdivision
Regulations (MCSR)”, or administratively approved unless and until all fees
and fines owed to the Department as a result of any activity or inactivity
attributable to the property that is the subject of the application are brought
current and paid in full or any amounts owed pursuant to an agreement of
compliance are current, as the case me be. This requirement shall not be
waived by the board/commission. *1 *2
d.
If approval of a plat is denied by the Department, the new filing of a plat for
the same tract, or any part thereof, shall follow the aforementioned
procedure and be subject to the required fee. A final plat that is denied
approval by the Department may appeal to the Planning and Zoning
Commission and the Board. An appeal must be requested on an official
application form within thirty (30) calendar days of issuance of the decision
to deny the plat. Following the request to appeal, the Department will
schedule the appeal for the next available meeting of the Planning and
Zoning Commission who will make a recommendation to the Board or
remand the matter.
4.
FINAL PLAT APPROVAL: Upon completion of the above signature procedure, the
final plat shall be forwarded by the Planning and Development Department to the
Board of Supervisors for approval provided the reviewing agencies have certified
that their requirements have been met. The Department shall then assemble the
above information, prepare a concise summary of the requirements and submit
said summary together with the reviewers' recommendations at the next regular
meeting of the Board. A final plat will not be approved unless:
a. It contains all of the required information as specified in the application packet
to Department satisfaction;
b. Written responses have been received from all county departments which have
representatives of the Technical Advisory Committee that the final plat is in
satisfactory form;
c. The related infrastructure permit is in “ready to issue” status;
d. All fees and fines owed to the Department as a result of any activity of inactivity
attributable to the property that is the subject of application are brought current
and paid in full or any amounts owed pursuant to an agreement of compliance
are current, as the case may be;
e. All assurances and dedications have been processed as per County
requirements; and
f. All final plat certifications have been executed.
5. FINAL PLAT RECORDATION: When the final plat has been approved by the Board,
the mylar copies of the final plat shall be transmitted to the Clerk of the Board for
signature. Upon such signature, the Clerk of the Board shall notify the Planning
and Development Department, who shall in turn retrieve said mylars and present
to the County Recorder’s Office for recordation. If the recorder finds the mylars
clear and legible, the recorder shall record all copies of the mylars and shall retain
one (1) set for the public record, returning all remaining sets to the Planning and
Development Department, who shall inform the subdivider that the plat has been
recorded. If the recorder finds the mylars unsatisfactory, the recorder shall not
record the mylars and shall return the mylars to the Planning and Development
Department, who shall coordinate with the subdivider to remedy the deficiencies.
Upon successful recordation, the subdivider shall retrieve the remaining mylars
from the Planning and Development Department after reimbursing the Planning
and Development Department for any redording fees. The subdivider shall provide
the Planning and Development Department with five (5) full size bond copies of
the recorded final plat. The subdivider shall also provide a copy of the approved
final plat, in digitized form, to the Planning and Development Department and no
final plat shall be recorded until the digitized plat is submitted. The digitized
version of the approved final plat shall conform to the requirements and guidelines
for digitized plats prepared by the Maricopa County Department of Transportation
and the Maricopa County Recorders Office. Once the final plat is approved, the
plat mylars shall be recorded by the developer with the Maricopa County Recorder.
Two paper copies and a digital copy of the recorded plat shall be submitted to the
Department of Planning and Development.
SECTION 204. REPLATS
1.
Any division of a lot or lots in a recorded subdivision into six (6) or more adjoining
lots in a recorded subdivision, or in altering a tract specified for a specific use
within the subdivision, but creating no new street, shall be processed in
accordance with Section 203 (Final Plats) of these Regulations.
2.
Any replat involving dedication of land for a public street or the creation of more
than six (6) or more lots shall comply with all procedures set forth in Sections 202
(Preliminary Plat) and 203 (Final Plat) of these Regulations unless, at the discretion
of the Director, the preliminary plat stage is waived.
3.
If abandonment of a street, public alley or easement (e.g., utilities, drainage,
access, equestrian, non-vehicular, etc.) in a previously recorded subdivision is
necessary during the process of replatting, the replat shall be processed in
accordance with Sections 202 (Preliminary Plat) and 203 (Final Plat) of these
Regulations, unless, at the discretion of the Planning and Development Director,
the preliminary plat stage is waived. Abandonments of patent easements and
open and declared MCDOT rights-of-way shall occur through the abandonment
processes established by MCDOT and the Maricopa County Real Estate
Department (MCRED).
SECTION 205. CORRECTIVE PLATS
1.
At the determination of the Director, corrections of minor survey, drafting or
typographical errors on a recorded plat may be made with a corrective plat. These
corrections must be illustrated on the recorded plat for clarity.
2.
The corrective plat should indicate the items to be corrected and the reason for
the correction. This shall be accomplished by adding a plat note to the recorded
plat. The note(s) shall be signed and sealed by the party responsible for the plat.
In addition, the word corrective shall be added to the title block.
5.
The corrective plat will be reviewed by the department for completeness and
accuracy. If no revisions are necessary, the plat will be returned to the developer
so that they are able to re-recorded the plat with the Maricopa County Recorder’s
Office after receiving an approval signature from the Director.
6.
At the discretion of the director an affidavit of correction may be substituted for a
corrective plat, but will be subject to the same requirements of a corrective plat as
otherwise outlined in this section.
7.
Any change to a recorded plat beyond the criteria of a corrective plat, including a
replat of lots or tracts, shall comply with the requirements of a preliminary and
final plat at the discretion of the Director.
SECTION 206. ABANDONMENTS
Pursuant to provisions of Title 18, Chapter 2, Article 1, Section 18-201, and Title 28,
Chapter 14, Article I, Subsections 28-1901 through 28-1908, ARS, the abandonment of all
or part of a recorded subdivision may be initiated by written petition to the Board, said
petition to be signed by ten or more owners of real property in Maricopa County,
requesting abandonment of all streets, alleys and easements within said subdivision and
giving the legal description and recording information thereof. Applications for
abandonment are filed with the Clerk of the Board and referred for recommendation to
the Maricopa County Department of Transportation and the utility companies concerned.
After approval of the abandonment of the streets, alleys and easements by the Board and
upon recordation of the Abandonment Resolution and a subsequent County Road Map in
the office of the Maricopa County Recorder, the subdivision is removed from official
maps and the land reverts to acreage as far as the Assessor's records are concerned.
Requests for abandonment of all or a portion of a recorded plat may be made by petition
of 100% of the affected property owners of record, or by vote of the duly elected officers
of a homeowner’s/property owner’s association registered with and in good standing with
the Arizona Corporation Commission, or by petition of ten (10) registered voters in
Maricopa County. The Department may approve the abandonment or re-delineation /
relocation of public rights of way and/or easements illustrated on a plat; and may delete
or modify notes shown on a recorded plat.
SECTION 207. DEVELOPMENT MASTER PLANMASTER PLATS
The Development Master Plan stage of land planning provides a site specific
arrangement of various land uses, and includes conceptual planning by the owner; review
of the Development Master Plan by the Department/Technical Advisory Committee;
review and approval by the Commission; and approval by the Board of Supervisors.
1.
APPLICATION SUBMITTAL: Application for approval of the Development Master
Plan shall be made to the Department whenever it is the decision of the
Department that:
a.
The tract is sufficiently large enough to comprise an entire community;
b.
The tract initially proposed for platting is a portion of a larger land holding
of 640 acres or more of the owner or subdivider;
b.
Or the tract is a part of a larger land area, the development of which is
complicated by unusual topographic, land use, land ownership or other
conditions. Such application shall be made on forms, together with
documents and drawings, the precise contents of which shall be as
provided by Development Master Plan Guidelines as adopted by the
Maricopa County Board of Supervisors. The Development Master Plan
application will not be considered accepted for review until all required
information as described in the Development Master Plan Guidelines is
provided to the Department and appropriate fees as provided therein are
paid.
A master-planned development with multiple subdivision phases and/or plans of
development may have a Master Plat creating parcels for the future phases of
development and dedicating arterial and collector roads. The Master Plat shall be
processed in the same manner as a Preliminary and Final Plat with the subsequent
individual phases being processed as a replat. Master Plat phases shall have approved
infrastructure plans in accordance with Engineering requirements. Master Plat phases
processed as a replat shall also be in substantial conformance with the Preliminary Plat.
Date of Revisions
*1
Effective 6-01-2009 TA2009004
*3 Effective 3-16-2011 - TA2010021
*2
Effective 6-1-2010 TA2010004
*4 Approved 5-4-2016 - TA2015005
SECTION 301. PURPOSE
The purpose of this Chapter is to identify principles of good subdivision design (as
provided in the administrative guidelines in the application packet as adopted by the
Maricopa County Board of Supervisors upon recommendation of the Planning and Zoning
Commission and adopted herein by reference), identify minimum required subdivision
standards of the Department and other County agencies, and further to identify the
minimum improvement standards required for approved subdivisions.
SECTION 302. SUBDIVISION DESING PRINCIPLES
Acceptable subdivision design principles are as provided in the administrative
guidelines. The areas of acceptable subdivision design which are specified in the
administrative guidelines are as follows:
1.
Neighborhood planning considerations.
2.
Streets and highways.
3.
Block and lot design.
4.
Alley and easement design.
5.
Drainage and detention/retention of storm water.
6.
Utilities.
7.
Fire protection.
8.
Hillside subdivisions.
The Planning and Zoning Commission in its review of preliminary plats and the Board of
Supervisors in its approval of final plats may either deny subdivision plat applications or
condition them such that they conform to the above minimum acceptable design
principles.
SECTION 303. DESIGN STANDARDS
All lots in any subdivision shall be designed based upon the precepts of good engineering,
planning, and design and in accordance with all Maricopa County rules, regulations,
ordinances, and guidelines. The following subdivision standards, presented on an
agency-by-agency basis, are the minimum required standards for subdivision
development. No final or record plat of any subdivision shall be approved unless the
following standards of development are complied with:
1.
MARICOPA COUNTY PLANNING AND DEVELOPMENT DEPARTMENT:
a.
No final plat of land subject to the existing Zoning Ordinance or existing
Building Code shall be approved unless it conforms to such ordinance or
code. Whenever there is a discrepancy between minimum standards or
dimensions noted herein and those contained in Zoning Ordinance
regulations, building code or other official regulations, the highest
standards shall apply.
b.
Lot width and area shall be closely related to the terrain, drainage,
percolation factors or construction of sanitary sewers, with emphasis
placed on selection of homesites and access to the homesites.
c.
"Panhandle", flag lots, double frontage and other unorthodox lotting
arrangements, when permitted under zoning ordinance standards, may be
permitted so long as it can be adequately demonstrated that no lot will be
adversely affected by any other lot so arranged.
d.
Corner lots for residential use shall be wider than the minimum lot width
required in the zoning district in which the lots are located in order to
provide adequate yard setbacks from both streets.
e.
Property line corners at street intersections shall be rounded by arcs having
a minimum tangent length of 12 feet. Property line corners at streets and
alleys for all subdivisions and at street accesses (i.e., driveways) for multi-
family, commercial or industrial subdivisions shall provide a "sight-distance
triangle" as required in Article 1111.4 of the zoning ordinance (with 25 foot
triangle "legs" at street intersections and ten foot triangle "legs" at alleys
and street accesses).
f.
Side lot lines shall be substantially at right angles or radial to street lines,
and shall be straight unless dictated by topography or other physical
reasons.
g.
Rear lot lines shall avoid acute angles with side lot lines and shall be straight
unless dictated by topography or other physical reasons.
h.
Names of streets shall be consistent with the existing alignments and
extensions of existing streets. If new street names must be used, they shall
comply with County Addressing Regulation Ordinance.
i.
Corner lots adjacent to key lots are to be mitigated by platting of landscape
or other tracts of at least five foot in width so there is no actual corner lot;
or lot boundary is designed so that the key lot and corner lot is designed to
include a ten (10) foot site triangle as part of the key lot.
j.
Through lots are to be mitigated by platting of landscape or other tracts of
at least five foot in width so there is no actual through lot; or by platting of
a vehicular non-access easement to prohibit access to a frontage
particularly if the frontage is a street along the subdivision perimeter or is a
collector or arterial.
k.
Lots subject to the Hillside Regulations of this Ordinance or the Maricopa
County Zoning Ordinance should be discouraged unless significantly larger
than the minimum lot area and minimum lot width of the respective zoning
district.
l.
Reserved for cul-de-sac standard
2.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION:
a.
The arrangement of streets in new subdivisions shall make provision for the
continuation of the principal existing streets in the adjoining areas of their
proper projection where adjoining land is not subdivided insofar as they
may be deemed necessary for public requirements. Roads or streets within
or serving a subdivision shall be designed and constructed in conformance
to the most recent edition of the MCDOT Roadway Design Manuals.
b.
Whenever a subdivision adjoins a major thoroughfare, access to all
residential lots shall be provided from other than the major thoroughfare.
In case of lots fronting on a section line road, it is required that a frontage
road be provided in addition to the major thoroughfare. (See MCDOT
Roadway Design Manual). Sidewalks shall be provided under the following
conditions in subdivisions:
1. In residential subdivisions with lots having an area of 18,000 square feet
or less; and,
2. Along any curbed public street.
c.
The width of all major thoroughfares shall conform to the width designated
on the adopted County Plan and in the absence of an adopted County Plan,
minimum right-of-way widths shall be provided as determined by the
County Engineer. Sidewalk locations shall be in accordance with the
MCDOT Roadway Design Manual.
d.
Design standards for street construction have been established by The
Maricopa County Department of Transportation and approved by the Board.
For further details, refer to the MCDOT Roadway Design Manual.
e.
Residential streets (See MCDOT Roadway Design Manual) service
residential areas of subdivisions and areas of low traffic generation. Curbs
may be either MAG Standard 220 Type A or C at the option of the developer.
In subdivisions with lot sizes of 18,000 square feet and above, 28 foot width
of paving with a thickened edge will be required as a minimum (See MCDOT
Roadway Design Manual). Sidewalks shall be provided under the following
conditions in subdivisions: 1) In residential subdivisions with lots
containing less than 18,000 square feet, and 2) along any curbed public
street. Sidewalk locations shall be a minimum of five feet behind back of
curb for streets with speeds of 45 m.p.h. or greater (generally streets with
a half width right-of-way of 40 feet or greater) and at back of curb for all
other streets. Master Planned Communities that are developing in
accordance with Development Master Plans approved prior to the effective
date of these regulations and Development Master Plans subsequently
amended will be allowed to continue their existing approved approach to
sidewalks.
f.
Residential collector streets (See MCDOT Roadway Design Manual) act as
traffic collectors in subdivisions, or streets with medium traffic generation
and generally terminate at a section line or mid-section line road. Curbs may
be either MAG Standard 200 Type A or C, at the option of the developer.
g.
Major collector/high volume streets (See MCDOT Roadway Design Manual)
are usually found at the mid-section location and are designed to handle
four moving lanes of traffic, if necessary. A major collector is usually two to
three lanes in width. Curbs must be MAG Standard 220 Type A.
h.
Arterial streets or section line roads (See MCDOT Roadway Design Manual)
are used to handle through traffic of high volume and designed to
accommodate four to six moving lanes with a raised median or continuous
left turn lane. In cases where the road is designed with a median island,
that island is to be normally 14 feet face to face of curb with left turn lanes
as required. A bike lane is included in the cross section.
i.
Streets in industrial park or commercial subdivisions will be wider, have
more strength structurally than residential streets, and be required to have
sidewalks. Typical Sections are contained in MCDOT Roadway Design
Manual.
j. d.
Private streets may be platted with the concurrence of the Maricopa County
Department of Transportation and the Commission under the following
conditions:
1)
That easements tracts satisfactory to the County Engineer be
platted for roadway and utility purposes.
2)
That satisfactory assurance, adequate to guarantee construction of
these private streets to at least a standard commensurate equal with
to that required under County MCDOT pavement standards for
subdivisions with lots of comparable size public streets will be
deposited required with the County Engineer prior to recording of the
final plat, or such street constructed and approved prior to recording
of the final plat. The final plat must contain the certification
assurance statement called for in Article II, Section 203 of these
Regulations.
3)
That provision, satisfactory to the County Engineer, is made for
maintenance of the streets.
4)
That adequate provision is made for access of emergency
vehicles, utility vehicles, and vehicles providing services such as
garbage and trash pickup.
5)
That proper access to the subdivision shall be demonstrated
including surfacing as per the MCDOT Roadway Design Manual and
the Maricopa County Ordinance Addressing Requirements for
Permits to Work in Right-of-Way within Unincorporated Maricopa
County, between the nearest paved road and the subdivision. A
public subdivision shall have public access. A subdivision shall have
a minimum of two (2) points of access regardless of the number of
lots.
5) 6) That clear statements be contained on the final plat that those
streets are declared private and remain the responsibility of the fee
title owner of the tracts in which they are contained, and will
homeowners association and not be maintained by Maricopa
County. This would not preclude dedication to and acceptance by the
County, at its discretion, if the private streets have been developed
and maintained to minimum County standards.
6) 7) That the health, safety and welfare of the occupants of the
subdivision will be adequately served thereby, and that the health,
safety and welfare of the public will not be impaired thereby.
k.
Those streets proposed to be over 1,500 feet in length shall be specifically
identified in each plat submitted, and a recommendation shall be made
regarding a "Variance/Modification" by the Maricopa County Department of
Transportation for consideration by the Commission during the preliminary
plat hearing. Dead end streets (i.e. cul-de-sacs) shall be limited to a length
of 1,000 feet, measured from the intersecting street center line to the center
of the cul-de-sac bulb. Cul-de-sacs shall provide access to no more than
fifteen (15) building lots unless a secondary emergency access is provided.
l.
The use of alleys is discouraged and in no case will be considered a primary
access to a building lot. Dead-end alleys are prohibited. Alleys will be
acceptable if the subdivider meets the guideline/construction standards of
the County Engineer. Private access roads/drives that provide primary
access to multifamily uses will be considered as privately maintained tracts
and will not be considered alleys or streets.
Where alleys are designated for public use, they shall conform to the
following standards for the type of development intended Alleys shall
conform to the following standards for the type of development
intended:
1)
Residential Alleys:
a)
Alley width shall be a minimum of sixteen feet.
b)
At the intersection of two alleys, a minimum twenty-five foot
by twenty-five foot triangle shall be provided at all corners.
c)
Shall be paved and the pavement structure shall be a
minimum of two and one-half inches (2 ½”) of asphalt
concrete over a minimum six inches of aggregate base as
determined from an engineering analysis.
2)
Commercial/Industrial Alleys:
a)
Alley width shall be a minimum of twenty feet.
b)
At the intersection of two alleys, a minimum twenty-five
foot triangle shall be provided at all corners.
c)
Shall be paved and the pavement structure shall be a
minimum of two and one-half inches (2 ½”) of asphalt
concrete over a minimum nine inches of aggregate base as
determined from an engineering analysis.
m.
Utility easements along rear lot lines shall be as straight and long as
possible in order to avoid an excessive number of manholes, poles and guy
wires at angle points. Easement widths of sixteen feet are normally
required for residential subdivisions. Drainage easement widths shall
conform with the County Drainage Regulations (see Zoning Ordinance).
n.
An easement prohibiting vehicular access (vehicular non-access
easement) from the arterial street side of double frontage lots is required.
The minimum width for said easement is one foot.
o.
For lots facing on curvilinear streets, utility easements or alleys may consist
of a series of straight lines with points of deflection not less than one
hundred twenty feet apart. Points of deflection shall always occur at the
junction of side and rear lot lines on the side of the exterior angle.
Curvilinear easements or alleys may be used, provided the minimum radius
for the alley or easement is not less than one hundred thirty-five feet.
p.
Streets in hillside subdivision:
1)
Street grades shall not exceed fifteen percent.
2)
Portions Sections of streets with grades exceeding twelve percent
shall not exceed 600 feet in length.
3)
Street right-of-way width may vary depending upon conditions.
4)
"T" or "V" type turning and backing cul-de-sacs may be
substituted for circular turnarounds for private streets.
3.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY:
a.
Residential lots shall contain a building finished floor elevation which is
above the Regulatory Flood Elevation. Design and development of a
subdivision must be in accordance with the Floodplain Regulations for
Maricopa County.
b.
In areas subject to flooding by the Regulatory Flood, approval of the type and
amount of development will be determined by the Floodplain Board in
accordance with the Floodplain Regulations for the Unincorporated Areas of
Maricopa County, Arizona.
c.
In areas subject to flooding by the Regulatory Flood where no fill is proposed,
the building line shall be located no closer to the stream, watercourse,
drainage way, or channel than the edge of the area subject to flooding. In
areas where fill is used to raise the elevation of the building site, no fill shall
be placed within any Floodway and placement of fill within the Floodplain
must comply with development standards of the County's Floodplain
Regulations.
d.
Development must be in accordance with the Floodplain and Drainage
Regulations of Maricopa County.
e.
All technical information concerning drainage shall be prepared using the
Drainage Design Manual for Maricopa County, Volume I: Hydrology, Volume
II: Hydraulics, or Volume III: Erosion. Other methodologies or procedures
may be used only with the written consent of the Flood Control District.
4.
MARICOPA COUNTY ENVIRONMENTAL SERVICES DEPARTMENT:
a.
Percolation tests and boring logs in accordance with requirements of the
MARICOPA County Environmental Services Department shall be taken at
the proposed subdivision, unless the subdivision will be served by a public
sewer system, prior to the approval of the preliminary plat.
a.
Design and development of a subdivision shall conform to the
requirements
of
the
Maricopa
County
Environmental
Services
Department.
b.
Utility easements must be shown on all lots and tracts of the subdivision.
These easements are not mandatory where other means of providing
utility access have been used.
b.
Provision of wastewater disposal shall be demonstrated other than
individual on-lot septic systems for lots fewer than one net acre (43,560
square feet).
c.
Provision for the supply of adequate and safe drinking water to all lots
must be assured.
d.
Provision for adequate sewage disposal for all lost must be assured. A
community sewer system connected to adequate treatment facilities
must be used whenever possible. The use of individual sewage disposal
systems is discouraged.
e.
Provision for safe and sanitary collection and disposal of garbage and
trash generated by the development must be provided.
5.
MARICOPA COUNTY DRAINAGE REGULATIONS:
a.
Design and development of a subdivision shall conform to the Maricopa
County Drainage Regulations (see Maricopa County Zoning Ordinance).
SECTION 304. IMPROVEMENTS
This Section shall specify the minimum acceptable required improvements that are
required in a for every subdivision. No final or record plat of any subdivision shall be
approved unless the improvements as required and listed herein have been satisfactorily
completed prior to such approval, or the owner or subdivider shall have deposited
provided satisfactory assurance(s) with the Department office of the County Engineer
assurances satisfactory to the County Engineer and County Attorney sufficient to
guarantee said improvements at such time as required by the respective County Engineer
department/agency responsible for the acceptance of said improvements as required by
Chapter 2, Section 203, Paragraphs "i" and "j", of these regulations. The owner or
subdivider shall provide the an engineer's cost estimate, including engineering and
supervision, for the proposed improvements detailed as to quantity and installed unit
price per item. The cost estimate will be reviewed by the County with the final amount of
any assurance(s) to be determined by the County. Failure to install required
improvements pursuant to the rules, regulations, and standards of the Flood Control
District of Maricopa County, Maricopa County Department of Transportation, Maricopa
County Environmental Services, Maricopa County Planning and Development or any other
Maricopa County agency or department shall constitute a violation of this ordinance.
1. STREET IMPROVEMENTS:
a.
All subdivisions with public streets shall have adequate dedicated public
access satisfactory to the County Engineer. All subdivisions with private
streets shall have adequate legal access satisfactory to the County
Engineer. A minimum of two (2) points of access shall be provided for
emergency services. Access to subdivisions with public streets shall be by
way of dedicated public right-of-way.
b.
All streets within a subdivision or development, whether public or private,
shall have been be improved, or adequate assurance shall have been
deposited with the County Engineer to guarantee construction, in
accordance with the latest edition of the "Uniform Standard Specifications
for Public Works Construction" - Maricopa Association of Governments,
together with Maricopa County Supplements, "Special Provisions for
Construction of Street Improvements" and "Special Provisions for
Installation of Underground Utilities MCDOT Roadway Design Manuals.
c.
If a subdivision borders on a street, tThe owner or subdivider shall also be
required to improve the near half of all perimeter streets in accordance with
the requirements of the Maricopa County Department of Transportation and
the Guide for Improvement of Subdivision Perimeter Streets as adopted by
the Board.
d.
The owner or subdivider is responsible for installation of surfacing between
the nearest paved road and the subdivision in accordance with MCDOT
standards.
e. d. Approval of improvement plans will be valid for a period of one year from the
date of approval. Any work not done under permit within the above period
must have plans resubmitted for review and approval for conformance with
current requirements. The approval process shall be in accordance with the
provisions and requirements of the procedure of the Maricopa County
Department of Transportation and Maricopa County Planning and
Development.
f.
The assurance deposited to guarantee required street improvements will be
released upon completion thereof conditioned however that there be
deposited with the County Engineer a bond or other satisfactory assurance
in an amount of ten percent of the cost of said improvements. The latter
bond or assurance shall be conditioned to guarantee against damage by on-
site construction for a period of one year after approval or until completion
of all construction by the developer, whichever occurs first.
2. WATER LINES:
a.
Every sSubdivisions shall be provided have with a complete water
distribution system, which will adequately and safely serve the area platted
subdivision.
b.
For subdivisions having lots 190,000 square feet or less in size, Ffire
hydrants will must be connected to an adequate water supply and shall be
provided in accordance with the recommendations or requirements of water
departments or water companies; and fire departments or districts having
jurisdictions for all subdivisions having lots 190,000 square feet or less in
size.
c.
The developer shall provide guarantees acceptable to the Board County that
the subdivision can and will receive an adequate supply of potable water
from a water system operated by a certificated water company or a
municipality. The existence of such a water company or municipality at or
adjacent to the development in itself shall not be considered an adequate
basis for approval.
d.
The developer shall be required to post satisfactory assurance with the
County Engineer as part of the aforesaid guarantee that connection to such
a water system will be made available to a lot owner at the street or alley
abutting his lot when building construction commences (or when the
building is ready for occupancy), and that fire hydrants have been installed
at approved locations.
e.
All service lines under proposed pavement must be installed prior to
placement of the final course of pavement or installed without open cutting
of the pavement.
f.
The plat shall contain a statement that a 100 Year Assured Water Supply
Certificate has been issued by the Arizona Department of Water Resources
where required.
3. SANITARY SEWERS:
a.
Where public sanitary sewers are within reasonable access of the
subdivision, in the opinion of the Maricopa County Environmental Services
Department, each lot shall be provided with a connection to such sanitary
sewer. Subdivisions shall provide for the disposal of human waste in
accordance with the rules and regulations of the Maricopa County
Environmental Services Department.
b.
Where a public sanitary sewer is not accessible, in the opinion of the
Maricopa County Environmental Services Department, proper provision shall
be made for the disposal of sanitary wastes in accordance with standards
and requirements of said department.
c.
In unsewered areas where it is determined feasible by the Maricopa County
Environmental Services Department and with the concurrence by the entity
having responsibility for sewers in the area, dry sewers will be constructed.
Individual sewage disposal systems will be installed for each lot at the time
of building construction. A mandatory abandonment of these systems will
be accomplished at the time the responsible agency has brought trunk
sewers to the area. The connection of the dry sewer system to the trunk
sewer will be mandatory and bonding for this connection may be required at
the discretion of the County Health Officer or the County Engineer.
d.
Where sewering is to be provided in accordance with this section,
paragraphs a. and c., the developer shall be required to post satisfactory
assurance with the County Engineer and guarantee installation of sewer
facilities.
4. DRAINAGE AND RETENTION/DETENTION OF STORMWATER:
a.
All necessary facilities, as determined by the Flood Control District of
Maricopa County and the County Engineer specified in Section 303 herein,
including underground pipe, inlets, catch basin, open drainage ditches, lining
or detention facilities, shall be installed to provide for adequate
retention/detention and disposal of stormwater and other surface water and
to maintain any natural drainage course. Subdivisions shall provide drainage
designs and retention of stormwater in accordance with Section 1205 of the
Zoning Ordinance for the Unincorporated Area of Maricopa County.
b.
Where a subdivision is traversed by or abuts a stream, watercourse or
drainage way, a drainage easement shall be provided. This easement shall
be capable of conveying drainage for at least a One Hundred Year Storm and
shall not be obstructed.
c.
Grading and drainage plans must be submitted and approved based upon
an approved drainage study to include additional hydrology or hydraulics if
necessary.
d.
Specification of detention/retention shall be as required by the drainage
regulation of Maricopa County.
e.
All technical information concerning drainage shall be prepared using the
Drainage Design Manual for Maricopa County, Volume I: Hydrology, Volume
II: Hydraulics, or Volume III: Erosion. Other methodologies or procedures
may be used only with written consent of the Flood Control District.
5.
REFERENCE MONUMENTS:
a.
Permanent reference monuments shall be installed in accordance with
County standards at all corners, angle points and points of curves and at all
street intersections.
b.
After all improvements have been installed; a registered surveyor or engineer
employed by the subdivider shall punch the exact points on the monuments
and certify their accuracy. As-built monument locations shall be included
with the subdivision’s infrastructure as-built plan submittal.
c.
Lot corners: Iron pipe shall be set at all corners, angle points, and points of
curve for each lot within the subdivision prior to the recording of the plat
issuance of a building permit for each respective lot in the subdivision.
Building permit applications shall contain a certification from a licensed
surveyor stating that lot corners have been set. Steel pins 1/2" x 18" may be
used as an alternate to iron pipe at property corners. Survey monuments are
designated in accordance with Section 304.5.a. the above and are not
required at property corners.
6.
STREET NAME SIGNS: The developer is required to furnish and install one street
name signs for each intersection within the limits and along the perimeter of the
subdivision in accordance with the latest applicable standards of the Maricopa
County Department of Transportation (MCDOT Standard #2054). The developer
may be required to install additional street signs on opposite corners of streets
which exceed sixty feet in width as required by MCDOT.
7.
UTILITIES: Utilities required to service the area must be provided within each
subdivision. The Commission shall require the developer to arrange for location of
utility lines underground. The developer shall be required to post satisfactory
assurance with the County Engineer to insure installation of electric service, and
natural gas where applicable to all lots. All utilities shall be buried underground
except for electric lines of 69 kV or higher.
8.
LANDSCAPING: Landscaping consistent with the state (Arizona Department of
Water Resources, ADWR) drought-tolerant plant list shall be provided within all
common area tracts, along all entrances as well as along arterials and collector
routes. At least one (1) tree a minimum of five (5) gallons/maximum of fifteen
(15) gallons, selected from the above list, shall be provided in the front yard of all
lots zoned R1-10, R1-7, R1-8 or R1-6 (including such zones with a RUPD overlay)
as part of the subdivision infrastructure permitting unless an exception is granted
by the Director.
SECTION 305. PLANS, SPECIFICATIONS, & SUPERVISION
All of the improvements required in this article shall be installed in accordance with the
specifications and under the general review of the appropriate public officials.
SECTION 306. PROVISIONS FOR MAINTENANCE AND OPERATION
Where the developer proposes drainage improvements, sewers, sewage treatment plants,
domestic and/or fire water systems, park areas, landscaping such as lawns, trees, and
shrubs in tracts or common areas proposed to be owned or operated in common, then
provisions shall be made by trust agreement, which is a part of the deed restrictions and
which are acceptable to the proper agencies having jurisdiction over the location and
improvements of such facilities, for the proper and continuous maintenance and
supervision of such facilities by the lot owners in the subdivision. For any improvements
which are not to be dedicated to Maricopa County, the subdivider shall provide a
maintenance plan acceptable to Maricopa County. The maintenance schedule shall be
included on the recorded final plat.
SECTION 307. SUITABILITY OF THE LAND
The Board County may reject a plat that is determined to be physically unsuitable because
of flooding, bad inadequate drainage, lack of adequate sewage and waste disposal, steep
slopes, rock formations and other features which may endanger health, life or property,
aggravate erosion, increase the flood hazard, necessitate unreasonable expenditure of
public funds or which is found to be not in the best interest of the public.
SECTION 308. RESERVATIONS FOR PUBLIC FACILITIES & SERVICES
The Board of Supervisors, upon recommendation of the Commission, may require that
land areas within a subdivision be reserved for school sites and fire stations subject to
the following conditions:
a.
Requirement may only be made on preliminary plats filed at least 30 days
after the adoption of a Comprehensive Plan or amendment of the Plan
affecting the land area to be reserved.
b.
The required school reservations must be consistent with a specific request
from the school district servicing the subdivision and/or the required fire
station reservations may be consistent with a specific request from the fire
district servicing the subdivision and must be in conformance with the
following standards:
1)
Reservations may not be located within a floodplain.
2)
Reservations must be located such that they are oriented to their
service areas.
3)
Elementary school site reservations must be located, as far as
possible, to allow walking to the school by students such that they
would not have to cross any arterial streets.
4)
High school site reservations must be located, as far as possible,
to allow good access to arterial streets.
5)
Fire station site reservations must be located, as far as possible, to
allow access to arterial streets.
6)
The land area reserved is such a size and shape as to permit the
remainder of the land area of the subdivision within which the
reservation is located to develop in an orderly and efficient manner.
7)
The land area reserved is in such multiples of streets and parcels as
to permit an efficient division of the reserved area if it is not acquired
within the prescribed period.
c.
The public agency for whose benefit an area has been reserved has one
year after recording the final plat to enter into an agreement to acquire the
reserved land area. The purchase price is the fair market value of the land
at the time of the filing of the preliminary plat plus the taxes against the
reserved area from the date of the reservation and any other costs incurred
by the subdivider in the maintenance of the reserved area, including interest
costs incurred on any loan covering the reserved area.
d.
If the public agency for whose benefit the area has been reserved does not
exercise the reservation agreement within the one year period or an
extended period mutually agreed on by the public agency and the
subdivider, the reservation of the area terminates.
e.
School districts and fire districts desiring to have a portion of a subdivision
designated as reserved for a school site or fire station site must submit
their request within 30 days of the date of receipt of a proposed preliminary
plat.
SECTION 309. WATER USE
If a common area over ten acres in size, a lake or a golf course requiring irrigation is
proposed within a subdivision or a Development Master Plan, 100 percent of the water
used to fill or refill the lake, and irrigate the golf course and common area shall be a
renewable supply of water, such as reclaimed water, surface water or Central Arizona
Project (CAP) water. A plan shall be submitted that includes a schedule which ultimately
provides for 100 percent use of a renewable supply of water to fill, refill or irrigate the
facilities noted above. A renewable water supply must be used during each phase of the
project and at the completion of the project. The facilities subject to this regulation shall
be designed and constructed to facilitate the use of reclaimed water. The Plan approved
by the Board of Supervisors may provide for the interim use of groundwater in conjunction
with the use of a renewable supply of water during the development phases of the project.
The Plan approved by the Board of Supervisors may also allow for:
1.
The use of groundwater in the event of a threat to public health and safety,
only if the additional use of groundwater will reduce the risk of a public
health and safety hazard and all other actions would not reduce the risk.
2.
The use of groundwater to leach soil to maintain turf provided there is no
other available source of water that would achieve the same result.
3.
The use of non-potable groundwater.
4.
The plan may also provide for the use of groundwater in subdivisions or
Master Planned Communities where the seasonal occupancy of the
residents will cause a seasonal fluctuation in the availability of reclaimed
water.
This regulation may exceed but is not intended to conflict with State law or State
mandated regulations regarding the use of water in filling and refilling lakes. Conflicts
that may arise shall be decided by the Department Director in favor of State law or State
mandated regulations.
SECTION 401. ADOPTION & AMENDMENTS
It shall be the responsibility of the Board of Supervisors to adopt rules and regulations or
any amendments related to subdivisions. Before adoption of any rule, regulation or
amendment thereof, a public hearing shall be held by the Commission. A copy of the rule,
regulation or amendment shall be certified by the Commission to the Board which shall
hold a public hearing after notice of the time and place has been given by one publication
fifteen days prior to the public hearing in a newspaper of general circulation in the County.
SECTION 402. ADMINISTRATION
It shall be the responsibility of the Department to directly administer or coordinate the
administration of the provisions contained herein, where those provisions are
administered by other County agencies. The Director:
1.
Shall receive all applications for Subdivisions or Development Master Plans.
2.
May examine premises for which applications of Subdivision and Development
Master Plans have been received.
3.
May make necessary investigations to secure compliance with the provisions of
these regulations.
4.
Shall issue such notices or orders as may be necessary for the purpose of
enforcing compliance with the provisions of these regulations.
5.
May adopt rules, forms and procedures consistent with these regulations for the
implementation thereof.
6.
Shall May serve as Chairman of the Technical Advisory Committee in matters of
review of Subdivision and Development Master Plan applications.
7.
Shall prepare all reports and make all presentations to the Planning Commission
and the Board of Supervisors regarding Subdivision and Development Master Plan
applications.
8. 7.
Shall keep careful and comprehensive records of a) applications for Subdivisions
and Development Master Plans, b) inspections made, c) reports rendered, and d)
notices or orders issued, and shall further retain on file in records copies of all
papers documents in connection with such applications for such time as may be
required by law.
SECTION 403. ENFORCEMENT
It shall be the duty of the Director to directly enforce, or coordinate the enforcement of
the provisions of these regulations, where the provisions are enforced by other County
agencies.
SECTION 404. FEES
1.
PRELIMINARY PLATS:
a.
$100 per lot, tract, and/or parcel provided that no preliminary/replat
subdivision fee shall be less than $1,000 or more than $30,000.
b.
Additional fees as prescribed by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation, the
Drainage Review Division of the Maricopa County Planning and
Development Department, and the Flood Control District of Maricopa
County for all applications.
c.
$500 for a time extension.
d.
$250 per stipulation ($500 minimum fee, $1,500 maximum fee) for
modification of stipulation/s to approved preliminary plats.
2.
FINAL PLATS: $40 per lot, tract, and/or parcel provided that no subdivision fee
shall be less than $1,000 nor more than $10,000.
3.
WAIVER OF STANDARD: $500 per standard provided that no fee for a waiver
request shall be less than $500 or more than $5,000.
4.
ADDRESSING: Refer to the Maricopa County Addressing Regulations.
5.
PRE-APPLICATION MEETING: $100 $350 per meeting.
6.
DEVELOPMENT MASTER PLANS: Refer to the Maricopa County Zoning
Ordinance.
7. 6.
No application shall be scheduled for an appeal hearing by any board or
commission acting pursuant to the “Maricopa County Subdivision Regulations
(MCSR)”, or administratively approved unless and until all fees and fines owed to
the Department as a result of any activity or inactivity attributable to the property
that is the subject of the application are brought current and paid in full or any
amounts owed pursuant to an agreement of compliance are current, as the case
me be. This requirement shall not be waived by the board/commission. *1*2
Date of Revisions
*1
Effective 6-01-2009 TA2009004
*2
Effective 6-1-2010 TA2010004
SECTION 501. VARIANCES
Where the Commission finds that, in Development Master Plans, Unit Plans of
Development, or in specific cases where unusual topographic or other exceptional
conditions exist, extraordinary hardships may result from strict compliance with these
regulations, it may vary the regulations so that substantial justice may be done and the
public interest secured; provided that such variation will not have the effect of nullifying
the intent and purpose of the Master Plan or these regulations. Approval of a Variance
or modification by the Commission shall not suspend review and approval by appropriate
agencies.
SECTION 502. LARGE SCALE DEVELOPMENT
The standards and requirements of these regulations may be modified by the Board in
the case of a plan and program for a community plan (Development Master Plan) or
neighborhood plan which, in the judgment and recommendation of the Commission,
provides adequate public spaces and improvements for the circulation, recreation, light,
air and service needs of the tract when fully developed and populated, and which also
provides such covenants or other legal provisions as will assure conformity to and
achievement of the plan.
SECTION 503. CONDITIONS
In granting Variances and modifications, the Board, upon recommendation of the
Commission, may require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
SECTION 6501. VIOLATION
If any land is subdivided in violation of these regulations, the Board of Supervisors, the
County Attorney, duly authorized representatives of the or any adjacent or neighboring
property owner who is especially damaged by the violation, in addition to the other
remedies provided by law, may institute injunction, mandamus, abatement or any other
appropriate action or proceeding to prevent such violation or attempted violation and to
restrain, correct or abate such violation or attempted violation, or to prevent any act which
constitutes a violation.
SECTION 6502. PENALTY
It is unlawful to record the subdivision of property without the prior approval of the Board
of Supervisors County. Pursuant to Title 11, Section 11-806.01C, Arizona Revised
Statues, any person causing a Final Plat to be recorded without first submitting the plat
and obtaining approval of the Board County shall be guilty of a Class 2 Misdemeanor. Any
apparent violations of these regulations will be brought to the attention of the County
Attorney for appropriate legal action pursuant to Title 11, Section 11-808.H, Arizona
Revised Statutes. In addition, the matter will be brought to the attention of the Arizona
State Department of Real Estate for possible action by the Arizona Attorney General's
Office.
SECTION 7601. SEPARABILITY CLAUSE
Should any article, section or provision of these regulations be declared by the courts to
be unconstitutional or invalid, such decision shall not affect the validity of the regulations
as a whole, or any portion thereof, other than the article, section, or provision declared to
be unconstitutional or invalid.
SECTION 7602. REPEAL OF CONFLICTING ORDINANCES
All ordinances or portions of ordinances in conflict with these regulations, or inconsistent
with the provisions of these regulations, are hereby repealed to the extent necessary to
give these regulations full force and effect.
SECTION 7603. EFFECTIVE DATE
These regulations shall become effective on August 6, 1990.
Maricopa County Planning and Development Department
301 W. Jefferson Street, 6th Floor, Phoenix, AZ 85003
March 2021
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Table of Contents & Plates – Page 1
Table of Contents
1
Purpose
1
2
Preliminary Plat
1
3
Final Plat
7
4
Subdivision Design Principles
14
Plates
Plate 1
Schematic Neighborhood Unit
P-1
Plate 2
Street Drainage
P-2
Plate 3a
Schematic Subdivision
P-3
Plate 3b
Schematic Subdivision
P-4
Plate 4
Street Intersections
P-5
Plate 5
Angle of Intersections for Residential Streets
P-6
Plate 6
Angle of Intersections for Arterial Streets
P-7
Plate 7
Centerline Deflection and Reverse Curves
P-8
Plate 8
Street Jogs for Residential Streets
P-9
Plate 9
Eyebrow Designs for Residential Streets
P-10
Plate 10
Cul-de-sacs for Residential Streets
P-11
Plate 11
Lot Design
P-12
Plate 12
Alley Intersections
P-13
Plate 13
Curvilinear Lot and Easement Planning
P-13
Plate 14
Two District Floodplain Regulation
P-14
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 1
1. PURPOSE
The purpose of these administrative guidelines is to establish and describe the precise
content of applications required for subdivisions (preliminary plat, final plat, replats,
abandonments). They are meant to be utilized as a tool by subdividers to assist them
in filing such applications, and by staff in verifying that the applications are complete.
These guidelines have been adopted by the Maricopa County Board of Supervisors and
are effective as of August 6, 1990.
2. PRELIMINARY PLAT
As indicated in Section 202.1 of the Subdivision Regulations, the preliminary plat
application will not be considered accepted for processing until all required
information as contained in these guidelines is submitted.
1.
The Preliminary Plat application form is to be completed in full by the applicant.
The requested information on the form is self-explanatory. A copy of the form is
attached to these guidelines as Exhibit "A".
2.
The Preliminary Plat shall be in the following format:
a.
Overall drawing shall not exceed 24" x 36" in size (more than one sheet
may be utilized).
b.
All mapped data shall be drawn at the same standard engineering scale,
said scale not being greater than 200 feet to the inch. No architect or
uncommon scale will be accepted.
c.
Plats must be drawn with the north direction toward the top or left side
("right read") of the sheet.
d.
The subdivider (or his representative) shall submit 20 copies. The
required number of copies of the Preliminary Plat as a part of the
application (see application to determine the number of copies required).
It is recommended that a "working" plat drawing be submitted for
preliminary Department review (for completeness only) prior to the
preparation of the required number of copies. The subdivider or his
representative shall also submit one 8-1/2" x 11" reduced copy with no
more than a 7-1/2" x 9-1/2" image (which may be submitted after
Department/TAC review has been completed, and appropriate revisions to
the Preliminary Plat have been made).
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 2
3.
A Preliminary Plat shall contain the following information:
a. Department:
1)
Name, address, zip code and phone number of the landowner and
the subdivider.
2)
Name, address and phone number of the engineer, surveyor,
landscape architect, or land planner preparing the plat, including the
registration number, if registered.
3)
Proposed name of the subdivision and its location by section,
township and range.
4)
North point and scale (written and graphic).
5)
Date of preparation, including dates of any subsequent revisions.
6)
Small scale vicinity map showing relative location of plat.
7)
Appropriate zoning district designation (if rezoning has been filed
provide designation of proposed zoning district and Rezone
Application Case Number).
8)
Subdivision Case Number(s) (e.g., Case No. S2002025). (NOTE: Case
number required on copies of plat submitted after TAC meeting.)
9)
Reference by dimension and bearing to section corners and quarter-
section corners.
10)
Subdivision boundaries clearly defined.
11)
Name, book and page numbers of adjacent subdivisions or the
names of record owners of adjoining parcels of unsubdivided land.
12)
Lot layout, including minimum building lines related to all streets; lot
numbers, and approximate dimensions and areas of proposed lots. A
"typical" lot layout shall be provided which indicates entire standard
building envelope (and which must conform with requirements of the
Zoning Ordinance).
13)
Existing and proposed contours established by field survey relating to
USGS survey datum, or other datum approved in writing by the
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 3
County Engineer, to be shown on the same map as the subdivision
layout, and 25 feet beyond the subdivision boundaries. Location and
elevation of the benchmark used shall also be shown on the plat. The
following contour intervals shall be the minimum considered
acceptable; grades up to five percent, two feet; grades of five
percent or greater, five feet. The average slopes within building
envelopes of lots which are located in the Hillside Development
Overlay Zoning District shall be shown on the Preliminary Plat.
14)
Identification of method of providing domestic water supply and
sewage collection, treatment and disposal facilities, both existing and
proposed.
15)
Identification and location of all utilities in and for the subdivision,
both existing and proposed.
16)
A preliminary plat filed within a Unit Plan of Development Zoning
District shall provide the following additional information on the
plat:
a)
Boundaries of the plan, gross land area, area of streets and
areas of each proposed type of land use, including schools,
parks, playgrounds and common areas.
b)
Areas proposed for residential use must indicate the type of
dwellings (i.e., single-family detached, two-family, multi-family,
etc.) with the minimum lot size, average lot size and maximum
lot size proposed for each dwelling type.
c)
A table which compares the requirements of the base zoning
district, and the variations approved (or proposed if not yet
approved) under the Unit Plan of Development. The table shall
include: average lot area per dwelling unit, minimum setbacks,
maximum lot coverage, the minimum distance between
buildings, minimum lot size, minimum lot width, maximum
building height (and number of stories) and a calculation of
required parking spaces.
d)
If buildings are to be clustered, the general location must be
indicated.
e)
Major and collector street layout with proposed right-of-way
widths. Indication of whether the streets are to be public
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 4
or private must be included.
f)
Proposed number of families and total projected population.
g)
The building envelope of proposed commercial or industrial
facilities.
h)
A table which lists methods of fire protection (including
number of fire hydrants), police protection, sewage and solid
waste disposal, utility services (electric, gas, telephone, and
cable TV) and water supply (including fire hydrants).
i)
Proposed handling of site drainage and protection against storm
waters and flooding. A drainage study must be included as
specified in Chapter 3, Section 304.4 of the Subdivision
Regulations.
j)
Any other information as may be further required by these
guidelines to carry out the purpose and intent of the Unit Plan
of Development.
17)
If a plat includes land for which multi-family, commercial or industrial
use is proposed, such areas shall be clearly designated together with
the existing zoning classification, present district boundary lines and
status of any pending zoning change.
18)
Designate existing use of property and note whether use is to be
abandoned or not.
b. Engineering:
1)
Location, widths and names of all existing or proposed streets, alleys,
drainage ways, crosswalks and easements, or other public ways
within or adjacent to the tract including all connections to adjoining
platted or unplatted tracts, existing permanent buildings, railroad
rights-of-way and other important features such as section lines,
political subdivision or corporation lines and school district
boundaries.
2)
A statement as to the type and extent of proposed improvements
shall be placed on the face of the plat.
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 5
3)
Designation of all land to be dedicated, provided, or reserved for
public or semipublic uses (including all easements), with the use/s
indicated.
4)
Reference by note whether utility services will be underground.
5)
If lots are proposed to be irrigated, all easements, the preliminary
location of valves, and the tentative line of the underground pipe
must be shown.
c. Flood Control District:
1)
Location by survey of streams, washes, canals, irrigation laterals,
private ditches, culverts, lakes or other water features, including
direction of flow and water surface elevations, and location and
extent of areas subject to inundation and whether such inundation is
frequent, periodic or occasional. Any portion of the subdivision
within a Regulatory Floodplain as defined in the Subdivision
Regulations shall be shown (See Plate 14 of these Guidelines).
2)
Where water flows across proposed streets, adequate access during
flow times must be shown.
3)
A statement that the finished floor elevations of any structure will be
free from inundation from a one-hundred-year flood event, and a
statement of who is to maintain drainage easements/tracts and/or
retention areas, if applicable.
4)
Storm Water Disposal. All existing drainage patterns affecting the
land included in the Preliminary Plat must be shown. Requirements
of this section are not applicable if a drainage plan for the area
included in the subdivision has been previously approved provided
the previously approved drainage plan was prepared in accordance
with current Flood Control District standards. In addition, the
following must be provided:
a. Washes must indicate the following:
1. Size of contributing drainage area, in acres.
2. Approximate length and width of contributing drainage area.
b. Peak discharges and volume discharged at the lower boundary of
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 6
the proposed subdivision, indicating the effect on neighboring
property.
c.
If any part of the storm water flow is to be handled by an
underground pipe system, the location of the inlets, tentative
size and line of pipe and the outlet grade must be shown.
d. Development must be in accordance with the Maricopa County
Drainage Regulations.
d. Maricopa County Environmental Services Department:
1)
Existing usable sewers, water mains, culverts, or other underground
structures within the subdivision and immediately adjacent thereto
with pipe sizes, grades and locations indicated. Where sewers or
water mains are not immediately adjacent thereto, give direction and
distance to nearest such usable utility.
2)
A statement as to the type of sewage disposal facilities proposed
shall appear on the Preliminary Plat. If sewage facilities are to be
provided in a community septic area within the subdivision, it shall be
indicated on the plat. In subdivisions which are proposed to be
served by individual sewage disposal systems, the location of which
may cause structure setback deviations from those normally required
in Zoning Ordinance provisions, each lot shall designate the specific
setback deviation.
3)
A statement as to the type of domestic water supply facilities shall be
placed on the plat. If a portion of the subdivision is to be used for a
community water supply facility, it shall be so indicated on the plat.
e. Rural Metro Fire Department or Appropriate Fire District. If fire
protection is being provided, the number and location of fire hydrants shall be
shown on the preliminary plat. Information regarding volume of water, line
sizes and water pressure will be required at the final plat stage.
4.
Other
Agencies/interest
groups
receiving
referrals
of
preliminary
plat
applications. In addition to the agencies receiving referrals of a Preliminary Plat
for review purposes (as listed in Section 202.3b of the Subdivision Regulations),
the below listed agencies/interest groups will, when appropriate, be sent a copy
of the submitted Preliminary Plat by the Department for review and/or comment.
It is suggested that the subdivider or his engineer, consult with the below listed
agencies in the preparation of their Preliminary Plat application:
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 7
a. Appropriate homeowners association or area improvement association.
b. Appropriate utility companies (i.e., utility companies not listed in Section
202.3B, but which are to provide service to the subdivision).
c. Military air bases if subdivision is within AICUZ Study Area.
d. National Forest Service, if subdivision is in proximity to a National Forest.
e. Appropriate Indian reservation, if subdivision is in proximity to same.
f. Corps of Engineers, if subdivision is in proximity to Central Arizona Project.
g. Federal Bureau of Reclamation, if proposed subdivision has transmission line
easements on it or there are transmission line easements in close proximity.
h. Natural Resource Conservation District (Soil Conservation Service), which is of
assistance in soils reports preparation.
i. Arizona State Land Department or Bureau of Land Management, if subdivision
is adjacent to state or federal public lands.
j. Federal Aviation Administration, if subdivision is in close proximity to an
airport.
k. Maricopa County Department of Civil Defense and Emergency Services, if
subdivision is within ten miles of the Palo Verde Nuclear Generating Station.
l. State Historic Preservation Office (SHPO), if appropriate.
3. FINAL PLAT
As indicated in Section 203.1 of the subdivision regulations, the final plat application will
not be considered accepted for processing until all required information as contained in
these guidelines is submitted.
1.
Application Form
(administered by the Department of Planning and
Development). The final plat application form is to be completed in full by the
applicant. The requested information on the form is self-explanatory. A copy of
the information on the form is attached to these guidelines as Exhibit "B".
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 8
2.
Application Letter (administered by the Department of Planning and
Development). The application for Final Plat approval shall include a letter
addressed to the Board requesting their approval. The letter shall indicate the
name and address of the subdivider, the party responsible for preparing the plat,
a statement of whether or not the proposed subdivision lies within three miles of
the corporate limits of any city or town having subdivision regulations, and if so,
certification that copies of the final plat have been filed with such city or town.
3.
General Final Plat Submittal Requirements (administered by the
Department of Planning and Development). The Final Plat shall be in
the following format:
a.
The original of the Final plat shall be drawn on Mylar or a copy shall be
reproduced on Mylar by an imaging process or other method that assures
archival quality.
b. Overall drawing shall not exceed 24" x 36" in size (more than one sheet
may be utilized). If more than two sheets are required, a key shall be
shown on the first sheet or on a separate sheet.
c.
All mapped data shall be drawn at the same standard engineering scale,
said scale not being greater than 200 feet to the inch from an accurate
survey. No architect or uncommon scale will be accepted.
d. Final plat must be drawn with the north direction toward the top of left side
("right read") of the sheet.
e. The subdivider, or his engineer, shall submit the number of copies of the
original Final Plat as indicated on the application to the Department.
f.
In addition to the submittal of the required number of copies, it is the
responsibility of the subdivider, or his engineer, to submit one copy of the
Final Plat to the utility agency or agencies, including the irrigation district
concerned if the lots are to be irrigated, concerned with the installation of
utilities within the subdivision. The print(s) shall be submitted to the
aforementioned at least 15 working days prior to the submittal of the Final
Plat to the Department. These plats should contain a statement as to
whether utility service is to be overhead or underground. One copy of the
print will be returned directly to the subdivision engineer and the
Department with any required additions or corrections noted thereon from
all utility companies and the irrigation district having jurisdiction.
g. In accordance with ARS 9-474, as amended 1978, if the plat is within three
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 9
miles of the corporate limits of a city having subdivision regulations, the
subdivider shall submit copies of the final plat to said city for its review at
least 30 working days prior to the regular Board meeting at which the
subdivider wishes to be heard.
4.
Specific Final Plat Submittal Requirements (as required on agency by
agency basis). A Final Plat shall contain the following information:
a.
Department of Planning and Development:
1)
A title, which includes the name of the subdivision and its location
by section, township, range and County. The title area should also
contain the County's Subdivision Case Number (e.g. S2002025).
2)
Name, registration number, and seal of the registered
professional civil engineer or registered land surveyor preparing
the plat.
3)
Name and registration number of the registered professional civil
engineer responsible for the engineering that is necessary in
preparation of the proposed subdivision.
4)
Date of plat preparation, including dates of any subsequent revisions.
5)
North point and scale (both written and graphic).
6)
Location and description of cardinal points to which all dimensions,
angles, bearings and similar data on the plat shall be referenced.
7)
Any excepted parcel(s) within the plat boundary shall be accurately
described by bearings and distances. Proper street and alley
dedications adjacent to any proposed tracts or excepted parcels shall
be provided by the subdivider by inclusion within the plat or by
separate dedication noted on the plat, pursuant to Resolution of the
Board adopted February 15, 1957.
8)
Boundaries of the tract to be subdivided fully balanced and closed,
showing all bearings and distances determined by an accurate survey
in the field. All dimensions shall be expressed in feet and decimals
thereof. Corners of the plat should be noted and monuments found
or set should be indicted: Each of the two corners of the subdivision
traverse shall be tied by course and distance to separate section
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 10
corners or quarter corners. Portions of any adjacent property
between major road intersections shall not be excluded from within
the boundaries of the subdivision when needed or required for
dedication or improvement of any traffic, drainage, or flood control
facility. Such areas may be indicated as excluded tracts after
necessary dedications are shown.
9)
Location and dimensions of all lots shall be shown. Lot dimensions
shall be indicated for at least one side lot line and either the front or
rear lot line when lots are rectangular or square. If lots are not
rectangular or square all lot line dimensions shall be indicated. All
minimum building setback lines which adjoin all streets shall be
shown and dimensioned for all lots intended for residential use of
any character and on commercial or industrial lots immediately
adjoining residential areas. Such lot dimensions, areas, or building
setback lines shall not be less than required by the zoning ordinance
or building line regulations applying to the property.
10) All required "sight-distance triangles" shall be indicated at street
corners.
11) Where a subdivision is part of a Unit Plan of Development, those
standards approved by the Board shall be shown on the final plat.
12) All lots shall utilize a block and lot numbering system or be numbered
consecutively throughout the plat. Exceptions such as tracts and
private parks shall be so designated, lettered or named, and clearly
dimensioned. Ownership and maintenance responsibilities for tracts
and private parks shall be indicated on the plat.
13) Name, book and page number of adjacent recorded subdivisions,
with location of existing adjacent lots, easements and right-of-way
shown, or notation "Unsubdivided" where appropriate. All proposed
conditions shall be graphically differentiated from existing conditions
on adjacent properties and on excepted parcels within the plat.
14) Notes on final plat that all private streets and tracts will be
maintained and by whom.
15) Certification by a registered professional civil engineer or registered
land surveyor who has made the plat, that it is correct and accurate,
that the monuments described in it have been located or established
as described and the lot corners permanently set.
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 11
16)
Space for approval by the Board under the signature of the Chairman
of the Board and attested by the Clerk of the Board.
17)
Where a subdivision contains a park, school or other public area
which is shown upon the County Plan or as recommended by the
Commission, such area shall be reserved for acquisition by the
proper public agency within a period of one year after recording the
Final Subdivision Plat.
18)
A statement as follows: "The provisions of Article 1112 of the
Maricopa County Zoning Ordinance (Outdoor Light Controls) will be
adhered to."
19)
A statement as follows: "This subdivision is located within the
________________ Water Service Area and has been designated as
having an assured water”.
b.
Engineering:
1)
Names, centerlines, right-of-way lines, courses, lengths and widths of
all public streets, alleys, crosswalks and utility easements: radii,
points of tangency and central angles of all curvilinear streets and
alleys, and radii of all rounded street line intersections.
2)
The location, width and use of all public or private utility easements
shall be noted.
3)
The accurate outline of all property which is offered for dedication for
public use and of all property that may be reserved by deed
covenant for the common use of the property owners in the
subdivision.
4)
Dedications: Statement of dedication of all streets and alleys for
public use by the persons holding title by deed to the lands, by
persons holding any other title of record, by persons holding title as
vendees under land contract, and by spouses of said parties. If land
dedicated is mortgaged, the mortgagee shall also sign the plat.
Dedication shall include a written location by section, township and
range. Signatures must be witnessed. If the plat contains private
streets, provisions shall be made for installation and maintenance of
utilities and drainageways. Easements shall be provided for
purposes indicated.
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 12
5)
Acknowledgement
of
dedications:
execution
of
dedication,
acknowledged and certified by a notary public.
6)
Assurance Statement as follows: “Assurance, for provision of
required subdivision improvements and infrastructure, sufficient to
protect Maricopa County and in accordance with the requirements of
A.R.S. § 11-821 and A.R.S. § 11-822 and the Zoning Ordinance for
the Unincorporated Area of Maricopa County has been provided in a
form acceptable to the Director of the Maricopa County Planning and
Development Department, in consultation with the County Engineer.”
Or, a statement that all improvements associated with the
subdivision are existing and approved.*1
c.
Flood Control District:
1) The limit of the Floodplain, as defined in Section 105 of the
subdivision regulations, if any portion of the land being subdivided is
within the Regulatory Floodplain shall be shown on the plat.
2) All drainageways and drainage easements, as well as maintenance
responsibilities and ownership, shall be shown on the plat. All
development must be in accordance with the Drainage Regulations for
Maricopa County.
3) In areas subject to flooding, minimum finished first floor elevations
shall be shown as may be required by the Flood Control District.
d.
Maricopa County Environmental Services Department: (See
Section 4.b.6. of these Guidelines - County Engineer/ Department of
Transportation) for information regarding assurance statements on
provisions of water and sewer service for the subdivision.
e.
County Assessor: Certification of County Assessor as follows:
"Certificate of County Assessor: I, the undersigned as a Deputy County
Assessor, Maricopa County, Arizona, do hereby certify that as of this
date, the records of this office reflect that ________________ as
designated on the plat is owner of the property as shown on the plat and
more
particularly
described
as
Assessor's
Parcel
Number(s)
_______________________.
_____________________________ ________________________
Deputy County Assessor Date
MARICOPA COUNTY SUBDIVISION REGULATIONS
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Administrative Guidelines – Page 13
f.
County Treasurer: Certification of County Treasurer as follows:
"Certificate of Treasurer: I, the undersigned as a Deputy County
Treasurer, Maricopa County, Arizona, do hereby certify that as of this
date, the records of this office reflect that there are no tax liens on any of
the parcels comprising the plat, as listed in the Assessor's Certification,
with the following exceptions:
______________________________________________________
___________________________________________________________
_____________________________ ____________________
Deputy County Treasurer Date
4. SUBDIVISION DESIGN PRINCIPLES
The following design principles are to be used as a guide in the layout and design of
subdivisions. The Planning and Zoning Commission in its review of Preliminary Plats
and the Board of Supervisors in its approval of Final Plats may either deny subdivision
plat applications or condition them such that they conform to the following minimum
acceptable design principles.
1.
Neighborhood Planning Considerations. (See Plate 1 for Schematic
Neighborhood Unit). For purposes of physical planning, a neighborhood is
considered to be that area tributary to an elementary school. The service area
of an elementary school depends upon density of development and may vary
from 1/4 mile radius to 1/2 mile radius in fully developed portions of the urban
area. The neighborhood should be bounded by major streets or other
topographical barriers so that elementary pupils are not required to cross a
major street in walking to and from school, and that this should be a major
criterion for determination of the design capacity of a new school or service area
of an existing school.
2.
Street and Highways. (Plates 2-10 provide examples).
a.
Street arrangements in subdivisions shall be designed so as not to cause a
hardship to owners of adjoining property when they plat their own land
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 14
and seek to provide for convenient access thereto. Residential streets
shall be so designed as to discourage through traffic, but offset streets
should be avoided.
b.
Grades, curvatures, sight distances, alignment and profile are some of the
various elements that must be considered in roadway design. Detailed
information on street and highway standards applicable to subdivisions
and larger developments should be requested of the County Department
of Transportation at an early stage in planning any specific project.
c.
Grades for local residential streets should be as flat as is consistent with
the surrounding terrain. The gradient for local streets should be less than
15 percent. For streets in commercial and industrial areas, gradient
design should be less than eight percent; desirably, it should be less than
five percent, and flatter gradients should be emphasized. To provide for
proper drainage, the desirable minimum grade that should be used for
streets without curbs is 0.30 percent, but a minimum grade of 0.20
percent may be used.
d.
Other special design features may be necessary where surface drainage
from local storms is excessive. If flooding or ponding is anticipated on
any portion of a proposed project, the developer should confer with the
Maricopa County Department of Transportation and the Flood Control
District prior to Preliminary Plat preparation in order to provide for storm
drainage and to achieve the best internal street network possible under
existing conditions (Plate 2).
e.
Design Standards for street construction have been established by the
Maricopa County Department of Transportation and approved by the
Board. Generally speaking, streets are to be designed to the width
consistent with the dedicated right-of-way and the traffic function of the
particular street. For specific street Design Standard Requirements see
Chapter 3, Section 303.2. Any questions or matters pertaining to the
design and construction of streets should be referred to the Maricopa
County Department of Transportation.
f.
In general, the curvilinear street pattern is better suited to areas of
irregular topography and provides greater aesthetic appeal than that
afforded by the grid pattern.
g.
The recent design tendency has been to avoid grid street patterns, partly
to eliminate some of the excessive amount of street pavement and service
roads resulting from the numerous cross streets in a gridiron design and
MARICOPA COUNTY SUBDIVISION REGULATIONS
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Administrative Guidelines – Page 15
partly for reasons of traffic control. Curving street patterns make it
possible to divert the heavier traffic flow from small residential streets into
main thoroughfares, thus avoiding the dangers to children and in general
lessening the creation of noise and other disturbances.
h.
Plates 3A and 3B located in these Guidelines illustrate different schematic
arrangements of lots and streets in relation to arterial streets. In general,
long blocks should lie in the direction of the main local traffic flow and not
cause long detours in reaching major objectives such as the school,
commercial area or major highway. For information on requirements of
block length, see Chapter 3, Section 303.2.k. in the Subdivision
Regulations.
i.
Where a proposed subdivision abuts or contains an existing or proposed
arterial route, local service roads or reverse frontage with non-access
easements and screening along the arterial route can be used to protect
the residential properties from the nuisance and hazard of high volume
traffic and to preserve the traffic function of the arterial route (NOTE:
"Sight-Distance Triangles" must be placed at street intersections). See
Plates 4, 5, and 6 for examples of intersections with arterial streets.
j.
Some Rules for Designing Safe Residential Streets (See Plates 7-10 for
examples):
1)
Use three-way rather than four-way intersections whenever
possible;
2)
Use curved streets, if appropriate;
3)
Minimize number of frontage roads;
4)
Minimize continuous streets through neighborhoods, particularly
those connecting two major arterials by a direct route;
5)
Avoid irregular intersections such as multi-legged intersections and
Y-types where two legs meet at acute angles; and,
6)
Eliminate jogs in intersection alignments and hidden intersections
where visibility is limited by structures, natural features or plant
growth.
k.
The number of intersections, especially those involving arterial streets and
railroads, should be kept to a minimum, but consistent with traffic needs.
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 16
Intersection design is of extreme significance since a very heavy
proportion of total accidents continue to occur where streets and other
rights-of-way converge. A minimum number of 4-way intersections should
be used in order to reduce traffic hazards. Plates 4, 5 and 6 illustrate
street arrangements that tend to reduce traffic hazards.
l.
Names of streets must be consistent with the natural alignments and
extensions of existing streets and the MAG Address and Street Assignment
Policy. If new street names must be used, they may not duplicate in
whole or in part existing names. The developer or subdivider should
confer with the Department on proposed street names prior to submission
of a preliminary plat.
3.
Block and Lot Design (Plate 11)
a.
Residential lots should be designed in a manner appropriate to the use
and density characteristics of the development. A better neighborhood
appearance results if a variety of lot shapes and sizes can be provided and
coordinated with the different styles of structures planned. It is
recommended that Chapter 3, Section 303 (Design Standards) of the
Subdivision Regulations be reviewed as a part of these Administrative
Guidelines.
b.
Residential lots must contain a building finish floor elevation which is
above the Regulatory Flood Elevation and must meet all requirements of
the Drainage Regulations. For further information on these requirements,
see pertinent sections of the Subdivision Regulations, Floodplain
Regulations, Drainage Regulations, Drainage sections of the Subdivision
Regulations, and/or contact the Flood Control District of Maricopa County.
c.
It is inevitable that the street pattern will have the greatest effect on the
ultimate size and shape of lots in a subdivision. For example, a curvilinear
street pattern will result in a greater number of nonrectangular or wedge-
shaped lots with a greater variety of lot sizes, whereas with a grid pattern
the opposite would be the case.
d.
Corner lots for residential use are required to be wider than interior lots in
order to provide adequate yard setbacks from both streets. Property lines
at corners must be rounded in accordance with the Subdivision Regulation
requirements in Chapter 3, Section 303.1.e.
e.
Lot depth-to-width ratios for usable areas of a residential lot should not be
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 17
greater than 3 to 1. For commercial and industrial lots, the lot depth-to-
width ratio for usable areas of the lot should not be greater than 4 to 1.
f.
No remnants of property should be left in the subdivisions which do not
conform to lot requirements in the zoning district in which they are
located, unless required and dedicated for approved public purpose.
g.
Whenever practical, all subdivisions created within any rural or single-
family residential zone should be designed to facilitate solar access and
energy efficiency.
h.
Lots should be designed so that grading can be accomplished in such a
manner as to preclude excessive grade differences (e.g., 2 feet) between
adjacent lots or between lots and adjacent streets.
4.
Alley and Easement Design (Plates 3A, 3B, 13 and 14):
a.
Alleys should be provided in multiple-family, commercial and industrial use
areas and easements are generally preferable in single-family residential
areas per Standards in the Subdivision Regulations - Chapter 3, Section
303.2.1.
b.
Non-access easements, which are easements prohibiting vehicular access
from an arterial street side of double frontage lots, are required per
Subdivision Regulations. Plate 3A and 3B located in these Guidelines
provides an example of such easements.
c.
Utility easements along rear lot lines must be as straight and long as
possible per Subdivision Regulations. Plate 14 located in these Guidelines
provides an example of such easements.
d.
Standards for utility easements or alleys on lots facing on curvilinear
streets shall be as required in the Subdivision Regulations – Chapter 3,
Section 303.2.o. Plate 14 located in these Guidelines provides an example
of good design.
e.
Pedestrian ways with right-of-way width of eight feet may be required
where essential for circulation or access to schools, playgrounds, shopping
centers, transportation, and other community facilities. Pedestrian ways
may be used for utility purposes.
5.
Drainage and Detention/Retention of Storm Water. All subdivision design
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 18
must be in conformance with Drainage Regulations of Maricopa County as
required by the Maricopa County Flood Control District. Engineered Drainage
Reports will be required for all subdivisions. Please review Chapter 3, Section
304.4 of the Subdivision Regulations for minimum improvement standards.
6.
Sanitary and Water Facilities. All sanitary and water facilities shall be as
required by the Maricopa County Environmental Services Department. Please
review Chapter 3, Section 304.2 and Section 304.3 of the Subdivision
Regulations for minimum improvement standards.
a.
Percolation tests and test boring logs in accordance with the requirements
of the County Health Department should be taken at the proposed
subdivision prior to the approval of the Preliminary Plat.
7.
Fire Protection. It is the responsibility of the subdivider or developer to ensure
that all subdivisions are initially provided with adequate fire protection facilities.
Please review Chapter 3, Section 304.2.b. of the Subdivision Regulations for
minimum improvement standards.
8.
Hillside Subdivision. Planning, platting and development of hillside
subdivisions involve special problems and require special handling by the
subdivider and his engineer, and, by the Commission, staff, and reviewing
officials. These problems are preservation of scenic beauty and natural
vegetation for the benefit of the general public, safe construction of public
improvements commensurate with lower density and lesser public use, and safe
construction of private improvements related to sewage disposal, water supply,
storm drainage and foundation bearing. It is strongly recommended that the
Hillside Development Standards in the Zoning Ordinance (Chapter 12) be
reviewed prior to commencing with the design of any hillside subdivision.
a.
Lot width and area shall be closely related to the terrain, drainage,
percolation factors or construction of sanitary sewers with emphasis
placed on selection of homesites and access of the homesites.
b.
In designing hillside subdivision, it should be noted that unorthodox
lotting patterns may be permitted only when they meet Zoning Ordinance
minimum lot standards. In cases where extreme sloped conditions exist,
it may be necessary to obtain Residential Unit Plan of Development
(R.U.P.D.) approval by the Planning and Zoning Commission and the
Board of Supervisors to allow unorthodox lotting patterns (i.e., lots not
meeting minimum lot size or width requirements).
c.
Street design in hillside subdivision shall be as required by the Maricopa
MARICOPA COUNTY SUBDIVISION REGULATIONS
Administrative Guidelines
Administrative Guidelines – Page 19
County Department of Transportation. The gradient for local streets
should be less than 15 percent. Where grades of four percent or steeper
are necessary, the drainage design may become critical. On such grades,
special care must be taken in the design of streets to prevent erosion on
slopes and open drainage facilities. For other required Design Standards,
see Chapter 3, Section 303.2 in the Subdivision Regulations.
d.
Due to problems requiring special field and office review by the Maricopa
County Environmental Services Department, the County Engineer and the
staff, subdividers should expect processing time for hillside plats to exceed
that otherwise required for normal plats.
Date of Revisions
*1
Approved 5-4-2016 - TA2015005
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This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
From:
Brian Mings
To:
Adam Cannon (PND)
Subject:
RE: Appeal Process Question
Date:
Monday, August 26, 2024 9:08:21 AM
Attachments:
image001.png
Hey Adam –
Been thinking about this one and also talked with a couple others. I believe I’d rather have plat
appeals go to BOS instead of a hearing officer, even if it meant a slight delay in scheduling. The main
reason being that our fate would be left up to the consensus of the BOS members and not just one
hearing officer.
Regardless, not sure I feel strongly either way because I’ve never actually had a plat denied, pre or
final. Hope that helps.
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, August 20, 2024 3:25 PM
To: Brian Mings <bmings@courtlandcommunities.com>
Subject: RE: Appeal Process Question
No worries. I hope you had a good time. Either a denial for a preliminary plat or a final plat would
qualify for an appeal. If you had an option of the entity that could hear the appeal, would it be a
hearing officer or the Board?
I also wanted to let you know we are going to start getting the subdivision regs ready for a PZ
hearing in late September or in October. I know you wanted to make some written comments so I
will loop you in on when we need them, but we are going to need them relatively soon. I’m going to
edit the regs this week and send you an edited version for feedback.
Thanks!
Adam
From: Brian Mings <bmings@courtlandcommunities.com>
Sent: Tuesday, August 20, 2024 2:24 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Brian Mings
Principal
Courtland Communities
+1 602 319 0236
bmings@courtlandcommunities.com
Subject: RE: Appeal Process Question
Hey Adam – Left early last Monday and didn’t get back until last Friday so am behind on my emails here, sorry. Dumb question here, but are you talking about denial of Preliminary Plats or Final Plats? Brian Mings Principal Courtland
Hey Adam –
Left early last Monday and didn’t get back until last Friday so am behind on my emails here, sorry.
Dumb question here, but are you talking about denial of Preliminary Plats or Final Plats?
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, August 13, 2024 2:46 PM
To: Brian Mings <bmings@courtlandcommunities.com>
Subject: Appeal Process Question
Hi Brian,
Hope you are having a good moving day with your daughter. We held the second stakeholder
meeting for the subdivision regulations today and I wanted to get your opinion on what the appeal
process for plats should be. Someone raised the idea of having appeals be sent to a hearing officer
vs. the Board. The scenario here would be plat gets denied (a very unlikely event), applicant appeals
within 30 days, hearing with hearing officer scheduled within 30 days of the appeal and a final
decision rendered at hearing (barring any action by the applicant in superior court).
What would be your thoughts about that?
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
Brian Mings
Principal
Courtland Communities
+1 602 319 0236
bmings@courtlandcommunities.com
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
From:
Cassandra Ayres
To:
Adam Cannon (PND)
Subject:
RE: Subdivision Regulations Draft/Question About Appeals
Date:
Tuesday, August 13, 2024 4:22:22 PM
Attachments:
image001.png
image002.png
Hmmm … Maybe when I’m semi-retired.
So my gut reaction was right – appealing a denial to a hearing officer is not beneficial from
our perspective. If there was a case where staff denied the application, we would want the
opportunity to be able to make our case to a public body.
Wendy, Elyse, and I just discussed the proposed appeal procedures outlined in the
presentation and, while it may possibly take a little more time for our clients, we like the
idea of being able to appeal to both Planning Commission and Board for everything.
We’ll also take a look at the text and give you any comments/questions, but wanted to get
this back to you while it was fresh. Remind me by when you’d need our feedback on the
text.
CAssANDrA AYres
Attorney
BERRY RIDDELL LLC
6750 E. Camelback Road |Suite 100 | Scottsdale, Arizona 85251
480.405.2386 office | 602.909.5116 cell | ca@berryriddell.com
This message and any of the attached documents contain information from Berry Riddell LLC that may be
confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or
use this information, and no privilege has been waived by your inadvertent receipt. If you have received
this transmission in error, please notify the sender by reply e-mail and then delete this message. Thank
you.
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, August 13, 2024 4:08 PM
To: Cassandra Ayres <ca@berryriddell.com>
Subject: RE: Subdivision Regulations Draft/Question About Appeals
Cassandra,
I checked with Wayne. It’s quasi-judicial so there would be no contact on the matter before the
hearing takes place.
Also someone mentioned to me that you could be a hearing officer
From: Cassandra Ayres <ca@berryriddell.com>
Sent: Tuesday, August 13, 2024 2:57 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: RE: Subdivision Regulations Draft/Question About Appeals
Got it. I have a gut reaction, but I want to think about it before I respond. Cassandra Ayres Attorney BERRY RIDDELL LLC 6750 E. Camelback Road |Suite 100 | Scottsdale, Arizona 85251 480. 405. 2386 office | 602. 909. 5116 cell | ca@ berryriddell. com
Got it. I have a gut reaction, but I want to think about it before I respond.
CAssANDrA AYres
Attorney
BERRY RIDDELL LLC
6750 E. Camelback Road |Suite 100 | Scottsdale, Arizona 85251
480.405.2386 office | 602.909.5116 cell | ca@berryriddell.com
This message and any of the attached documents contain information from Berry Riddell LLC that may be
confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or
use this information, and no privilege has been waived by your inadvertent receipt. If you have received
this transmission in error, please notify the sender by reply e-mail and then delete this message. Thank
you.
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, August 13, 2024 2:54 PM
To: Cassandra Ayres <ca@berryriddell.com>
Subject: RE: Subdivision Regulations Draft/Question About Appeals
Correction – appeals of administrative actions…not the actions themselves.
From: Adam Cannon (PND)
Sent: Tuesday, August 13, 2024 2:53 PM
To: 'Cassandra Ayres' <ca@berryriddell.com>
Subject: RE: Subdivision Regulations Draft/Question About Appeals
The hearing officer has the power to hear two types of cases right now – one is violation cases and
the other is newer, administrative actions (i.e. land use cases such as ag exemptions, community
residences, etc.). Bill Allison used to be a hearing officer not too long ago.
The talking to them part is the big question and why I am asking you – I think they are quasi-judicial
here, but I would have to ask Wayne to clarify.
From: Cassandra Ayres <ca@berryriddell.com>
Sent: Tuesday, August 13, 2024 2:48 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: RE: Subdivision Regulations Draft/Question About Appeals
So that’s how Doug is spending his semi-retirement. I never knew the County had hearing officers. What kinds of cases do they currently decide? Are they quasi-judicial (like a Zoning Adjustment hearing at the City of Phoenix) or could
So that’s how Doug is spending his semi-retirement.
I never knew the County had hearing officers. What kinds of cases do they currently
decide? Are they quasi-judicial (like a Zoning Adjustment hearing at the City of Phoenix) or
could we talk to them (like a PHO hearing in Phoenix)?
CAssANDrA AYres
Attorney
BERRY RIDDELL LLC
6750 E. Camelback Road |Suite 100 | Scottsdale, Arizona 85251
480.405.2386 office | 602.909.5116 cell | ca@berryriddell.com
This message and any of the attached documents contain information from Berry Riddell LLC that may be
confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or
use this information, and no privilege has been waived by your inadvertent receipt. If you have received
this transmission in error, please notify the sender by reply e-mail and then delete this message. Thank
you.
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, August 13, 2024 2:45 PM
To: Cassandra Ayres <ca@berryriddell.com>
Subject: RE: Subdivision Regulations Draft/Question About Appeals
Harold Merkow and Doug Jorden
From: Cassandra Ayres <ca@berryriddell.com>
Sent: Tuesday, August 13, 2024 2:43 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: RE: Subdivision Regulations Draft/Question About Appeals
Who are the hearing officers for the County? Cassandra Ayres Attorney BERRY RIDDELL LLC 6750 E. Camelback Road |Suite 100 | Scottsdale, Arizona 85251 480. 405. 2386 office | 602. 909. 5116 cell | ca@ berryriddell. com This message and any of the attached
Who are the hearing officers for the County?
CAssANDrA AYres
Attorney
BERRY RIDDELL LLC
6750 E. Camelback Road |Suite 100 | Scottsdale, Arizona 85251
480.405.2386 office | 602.909.5116 cell | ca@berryriddell.com
This message and any of the attached documents contain information from Berry Riddell LLC that may be
confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or
use this information, and no privilege has been waived by your inadvertent receipt. If you have received
this transmission in error, please notify the sender by reply e-mail and then delete this message. Thank
you.
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, August 13, 2024 2:41 PM
To: Cassandra Ayres <ca@berryriddell.com>
Subject: Subdivision Regulations Draft/Question About Appeals
Hi Cassandra,
Thank you for attending today’s stakeholder meeting. We really appreciate it!
Attached is the draft of the subdivision regulations update. There will be a revised one for PZ when
we take it to hearing.
I also had a question for you. We had further discussion about appeals after the meeting and
someone threw out the idea of having an appeal go to the hearing officer vs. the Board. What that
would mean is you have a scenario where staff denies a plat, applicant files an appeal within 30 days,
hearing with hearing officer is then set within 30 days and then the hearing officer makes the final
decision (barring taking it to superior court).
What would be your thoughts about that?
Thanks!
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
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From:
Ken Galica
To:
Adam Cannon (PND)
Subject:
RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations - Stakeholder Meeting
Notice
Date:
Tuesday, May 7, 2024 12:00:39 PM
Attachments:
image001.png
image004.png
Thanks for sharing, Adam. We fully support the streamlining and will be looking to do this
as well in the near future.
Ken Galica
Principal Planner
Development Services Department
(623) 349-6214
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, May 7, 2024 10:56 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
Stakeholder Meeting Notice
[NOTICE: This message originated outside of the City of Buckeye -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
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View email as a webpage.
Maricopa County
All: The Planning & Development Department has updated Step 1 and
Step 2 for the proposed Text Amendment as part of the Enhanced
Regulatory Outreach Program (EROP) process. This includes TA2024002
–Maricopa County Subdivision Regulations to amend subdivision
regulations to allow preliminary plats and final plats to be approved
administratively by staff. The request would streamline the process and
eliminate eight weeks of processing time associated with public hearings.
The request would also include updating language to provide clarity and
modernity to regulations. A stakeholder meeting on this matter is
scheduled for Friday, May 24, 2024 at 10:00 a.m.
The EROP website has been updated to list Steps 1 and 2 with the
following documents:
Step 1: County Manager Approval Memo, Briefing Notification memo,
Existing Subdivision Regulations and Adoption Process with Timeline.
Step 2: Stakeholder Meeting Notice, Existing Subdivision Regulations
Click here to review Steps 1 & 2: https://www.maricopa.gov/2778/Active-
Regulatory-Process
-
-
-
-
-
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From:
Nichter, Keith
To:
Adam Cannon (PND)
Subject:
RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations - Stakeholder Meeting
Notice
Date:
Wednesday, May 8, 2024 10:37:28 AM
Thanks. This is awesome!
Keith Nichter
Kimley-Horn | 1001 W. Southern Avenue, Suite 131 Mesa, Arizona 85210
Direct: 602.313.7206 | Mobile: 480.980.7042 | Main: 480.207.2666
Proud to be one of FORTUNE magazine’s 100 Best Companies to Work For
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, May 7, 2024 3:19 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
Stakeholder Meeting Notice
ZjQcmQRYFpfptBannerEnd
View email as a webpage.
Maricopa County
All: The Planning & Development Department has updated Step 1 and
Step 2 for the proposed Text Amendment as part of the Enhanced
Regulatory Outreach Program (EROP) process. This includes TA2024002
–Maricopa County Subdivision Regulations to amend subdivision
regulations to allow preliminary plats and final plats to be approved
administratively by staff. The request would streamline the process and
eliminate eight weeks of processing time associated with public hearings.
The request would also include updating language to provide clarity and
modernity to regulations. A stakeholder meeting on this matter is
scheduled for Friday, May 24, 2024 at 10:00 a.m.
The EROP website has been updated to list Steps 1 and 2 with the
following documents:
Step 1: County Manager Approval Memo, Briefing Notification memo,
Existing Subdivision Regulations and Adoption Process with Timeline.
Step 2: Stakeholder Meeting Notice, Existing Subdivision Regulations
Click here to review Steps 1 & 2: https://www.maricopa.gov/2778/Active-
Regulatory-Process
-
-
-
-
-
SUBSCRIBER SERVICES:
Manage Subscriptions | Unsubscribe All | Help
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From:
Brian Mings
To:
Adam Cannon (PND)
Subject:
RE: Text Amendment
Date:
Thursday, June 13, 2024 8:55:42 AM
Attachments:
image001.png
Adam –
Thanks for the insights. I think these proposed changes can help and will be submitting my support
though the comments section, and will be on the lookout for the additional language should there
be any.
Thanks!
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Wednesday, June 12, 2024 10:07 AM
To: Brian Mings <bmings@courtlandcommunities.com>
Subject: RE: Text Amendment
Hi Brian,
It’s not available yet. The first set of meetings was to collect ideas and opinions and allow this to be
guided more by stakeholders. We may have something to include with the ZIPPOR meeting, and
that would be 5 days prior, but we’re not sure yet. We will have a complete draft for the second
stakeholder meeting.
Here is some more detail about the changes we’re proposing:
1. The legislature passed (and the Governor signed) a law allowing municipalities and counties to
process subdivision plats administratively (without hearings). Subdivision plats are already
mainly administrative (having no public participation or notice requirements) as when the
County receives a subdivision application, the subdivision will be a by right development if the
zoning is in place. Approval through hearings is solely a ministerial act by the Commission and
Board. If a plat meets the technical requirements of the subdivision regulations, application
and agencies – it must be approved, like a building permit, regardless of comment. This is
different from a zone change, special use permit, comprehensive plan amendment or other
Brian Mings
Principal
Courtland Communities
+1 602 296 3200
bmings@courtlandcommunities.com
applications which do require public participation and notice.
2. Delete the administrative guidelines and move them to the application packets. The
administrative guidelines are basically application checklist requirements that do not need to
be in the regulations.
3. The other language refers to a number of references in the regulations to outdated processes
or outdated technical manuals that are no longer used. So there will be a cleanup of that
information – primarily engineering related – nothing I’m aware of from them that increases
regulations or requirements.
Please let me know if you have any other questions.
Best regards,
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: Brian Mings <bmings@courtlandcommunities.com>
Sent: Wednesday, June 12, 2024 9:20 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: Text Amendment
Hi Adam – I’ve been following the proposed Text Amendment regarding Preliminary and Final Plats but haven’t been able to find the ‘other language, that Staff is proposing to amend within the subdivision regulations.
Hi Adam –
I’ve been following the proposed Text Amendment regarding Preliminary and Final Plats but haven’t
been able to find the ‘other language, that Staff is proposing to amend within the subdivision
regulations. Do you know where I could find it? Clicked through all the links but didn’t see anything
except public notices.
Thanks.
Maricopa County, Arizona Planning and Development Regulatory Process Update (govdelivery.com)
Brian Mings
Principal
Courtland Communities
+1 602 296 3200
bmings@courtlandcommunities.com
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
From:
Brian Mings
To:
Adam Cannon (PND)
Subject:
RE: Text Amendment
Date:
Thursday, June 13, 2024 11:09:39 AM
Attachments:
image001.png
Perfect, thanks Adam.
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Thursday, June 13, 2024 10:49 AM
To: Brian Mings <bmings@courtlandcommunities.com>
Subject: RE: Text Amendment
Thank you Brian. We’ll make sure your comments are recorded and that you receive a copy of the
draft.
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: Brian Mings <bmings@courtlandcommunities.com>
Sent: Thursday, June 13, 2024 8:56 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: RE: Text Amendment
Adam – Thanks for the insights. I think these proposed changes can help and will be submitting my support though the comments section, and will be on the lookout for the additional language should there be any. Thanks! Brian Mings Principal
Adam –
Thanks for the insights. I think these proposed changes can help and will be submitting my support
Brian Mings
Principal
Courtland Communities
+1 602 296 3200
bmings@courtlandcommunities.com
though the comments section, and will be on the lookout for the additional language should there
be any.
Thanks!
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Wednesday, June 12, 2024 10:07 AM
To: Brian Mings <bmings@courtlandcommunities.com>
Subject: RE: Text Amendment
Hi Brian,
It’s not available yet. The first set of meetings was to collect ideas and opinions and allow this to be
guided more by stakeholders. We may have something to include with the ZIPPOR meeting, and
that would be 5 days prior, but we’re not sure yet. We will have a complete draft for the second
stakeholder meeting.
Here is some more detail about the changes we’re proposing:
1. The legislature passed (and the Governor signed) a law allowing municipalities and counties to
process subdivision plats administratively (without hearings). Subdivision plats are already
mainly administrative (having no public participation or notice requirements) as when the
County receives a subdivision application, the subdivision will be a by right development if the
zoning is in place. Approval through hearings is solely a ministerial act by the Commission and
Board. If a plat meets the technical requirements of the subdivision regulations, application
and agencies – it must be approved, like a building permit, regardless of comment. This is
different from a zone change, special use permit, comprehensive plan amendment or other
applications which do require public participation and notice.
2. Delete the administrative guidelines and move them to the application packets. The
administrative guidelines are basically application checklist requirements that do not need to
be in the regulations.
3. The other language refers to a number of references in the regulations to outdated processes
or outdated technical manuals that are no longer used. So there will be a cleanup of that
information – primarily engineering related – nothing I’m aware of from them that increases
regulations or requirements.
Please let me know if you have any other questions.
Best regards,
Brian Mings
Principal
Courtland Communities
+1 602 296 3200
bmings@courtlandcommunities.com
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: Brian Mings <bmings@courtlandcommunities.com>
Sent: Wednesday, June 12, 2024 9:20 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: Text Amendment
Hi Adam – I’ve been following the proposed Text Amendment regarding Preliminary and Final Plats but haven’t been able to find the ‘other language, that Staff is proposing to amend within the subdivision regulations.
Hi Adam –
I’ve been following the proposed Text Amendment regarding Preliminary and Final Plats but haven’t
been able to find the ‘other language, that Staff is proposing to amend within the subdivision
regulations. Do you know where I could find it? Clicked through all the links but didn’t see anything
except public notices.
Thanks.
Maricopa County, Arizona Planning and Development Regulatory Process Update (govdelivery.com)
Brian Mings
Principal
Courtland Communities
+1 602 296 3200
bmings@courtlandcommunities.com
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From:
Cassandra Ayres
To:
Adam Cannon (PND)
Subject:
TA2024002 – Maricopa County Subdivision Regulations
Date:
Tuesday, May 7, 2024 10:23:44 AM
Attachments:
image001.png
Hi Adam,
I’d like to attend the virtual Stakeholder Workshop and register our support for the proposed
text amendment.
CassaNDRa AYREs
Attorney
BERRY RIDDELL LLC
6750 E. Camelback Road |Suite 100 | Scottsdale, Arizona 85251
480.405.2386 office | 602.909.5116 cell | ca@berryriddell.com
This message and any of the attached documents contain information from Berry Riddell LLC that may be
confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or
use this information, and no privilege has been waived by your inadvertent receipt. If you have received
this transmission in error, please notify the sender by reply e-mail and then delete this message. Thank
you.
From:
Adam Cannon (PND)
To:
ldeberge@gmail.com
Subject:
RE: Online Form Submittal: Citizen Comments
Date:
Thursday, August 8, 2024 11:51:00 AM
Attachments:
image001.png
Good morning Ms. DeBerge,
I hope you are well. Thank you for your comments. We’ll make sure they are included in the reports
that are forwarded on to the Commission and Board.
To explain a bit further about the proposed text amendment:
Last year, the legislature passed (and the Governor signed) a law allowing municipalities and
counties to process subdivision plats administratively (without hearings). Approval of subdivision
plats is currently an administrative act (having no public participation or notice requirements) that is
ministerially voted on by the legislative body. When the County receives a subdivision application,
the subdivision will be a by right development if the zoning is in place. The Board cannot consider
public opinion on plats, but because the prior law specified the final approval needed to occur by
vote of the Board it created confusion about the ability of the public to participate.
Another source of confusion is that subdivision approvals are also often paired with zoning cases.
The public is able to participate on the zoning case, but not on the subdivision plat itself (the
technical drawing that is produced once the zoning allows for it). Since the two are paired it gives
the appearance that members of the public are participating on the plat, but it is actually the zoning
that is allowing the participation. Keep in mind that the vast majority of unincorporated County is
zoned rural so you’re highly unlikely to see, for example, a plat for a high-density residential
development unless a higher-density zoning is approved and there will be a public participation
process with that.
The other things we are doing to streamline the plat approval process include deleting the
administrative guidelines and moving them to the application packets. The administrative guidelines
are basically application checklist requirements that do not need to be in the regulations. We’re also
revising references in the regulations related to outdated processes or outdated technical manuals
that are no longer used.
I understand and appreciate your concern regarding the stakeholder meetings. We offer a virtual
and an in person option for the meetings. People can call into the meeting as well without even
having to have an internet connection. In instances where there is more significant interest, then
staff would consider holding a stakeholder meeting in an alternative locations, but there hasn’t been
that level of interest associated with this amendment from the public. You may also direct any
comments about this text amendment you receive to me if you would like.
Please let me know the specifics of the difficulties you encountered in accessing information and I
will forward your concerns about the website onto the webmaster.
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
Thank you. Please let me know if you have any questions.
Best regards,
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-506-3301
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
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Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department.
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Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule
TA2024002 - Maricopa County Subdivision Regulations
Department
Planning and Development
I would like to
Express opposition
First Name
LINDA
Last Name
DE BERGE
Organization
MORRISTOWN VOLUNTEER LIBRARY
City
Morristown
Zip
85342
Email
ldeberge@gmail.com
Phone Number
6025091012
Phone Type
Mobile
Would you like someone to
contact you?
No
Comments
Well, well, streamlining makes it easier to exclude public input.
This change to public input should go to a PUBLIC VOTE. Many
persons with strong feelings and valuable input about
development cannot drive all the way into Phoenix and some do
not have the facility to do meetings on-line. Does the Governor
know what you are doing? I am very disappointed at how difficult
you have made access to public information with your new
webpage design.
If applicable, attach
supporting documentation
associated with your
comment. The only file
types supported are MS
Office and Adobe Acrobat.
Field not completed.
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From:
Adam Cannon (PND)
To:
draythomp@gmail.com
Subject:
RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations - ZIPPOR Meeting Notice
Date:
Thursday, June 13, 2024 5:54:00 PM
Attachments:
image001.png
That’s correct and you did not misunderstand. That’s currently the way it is for subdivisions, except
there is an unnoticed hearing process that is ministerial in nature (though in your scenario, the 5 lot
split would require no application or hearings with the county as 5 lots is the maximum that can be
split without a subdivision application). If the subdivision adheres to the zoning regulations and
technical requirements, it must be approved regardless of comments received at hearing.
Best regards,
Maricopa County Logo
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-506-3301
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: draythomp@gmail.com <draythomp@gmail.com>
Sent: Wednesday, June 12, 2024 4:32 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Maricopa County, Arizona Planning and Development Regulatory Process Update Correct me if I misunderstood something: IF the zoning has been established, let’s say R43, and a developer buys a 5 acre parcel, and doesn’t want to exceed
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
Correct me if I misunderstood something: IF the zoning has been established,
let’s say R43, and a developer buys a 5 acre parcel, and doesn’t want to exceed
the zoning restrictions, then it’s all paperwork and there’s no notices or
hearings to develop a residential area. Same with a larger piece of property, as
long as they adhere to the zoning regs, it’s all paperwork, with no resident's
input.
Yes, I’m thinking of a business or housing development that will increase traffic
considerably in a rural or semi-rural area without the streets, intersections,
freeway access, etc. to support the number of people that are expected to use
those items over time as well as the inevitable support businesses and other
infrastructure items that will come in time as the area gets eaten away.
Thank you.
Dave
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Wednesday, June 12, 2024 3:19 PM
To: draythomp@gmail.com
Subject: RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Hi Dave,
We see everyone who wants to participate as a stakeholder - including you. That term is just what
we call the meetings “Stakeholder Meetings”. There’s no special group. I encourage you to
participate in the meetings and to share your comments.
In your example, I do understand your concern. What you are saying is typically a factor that should
be considered at the time of zoning – not when a subdivision is submitted. Once a property has
been zoned and the use is allowed, it’s over, even if for example, staff doesn’t particularly care for a
development. The only thing necessary at that point for a subdivision to be developed is that it
receives approval of a plat that meets technical requirements and obtains final construction
permits.
For a subdivision plat, planning relies on MCDOT to determine whether a subdivision has proposed
appropriate access points, two points of access (one for emergencies), that streets internal to the
subdivision are appropriately designed and that any external streets being used to access the site are
appropriately developed adjacent to the site. Court rulings prevent all governments from making an
exaction considered disproportionate to the impact of the development, so while MCDOT can
require road improvements/road development (stoplights, road widening, pedestrian
improvements, etc.), it can only occur adjacent and internal to the site and be based on the impact
of the development. Anything beyond that is typically considered disproportionate by courts and
therefore those developments are not required to provide additional infrastructure. What I believe
you are referring to is the broader impact of road access and the need for additional infrastructure if
development is to occur in certain areas – unless there is a specific site/situation you are referring to
in particular. That needs to be discussed at zoning when the County reviews the appropriateness of
a zoning request.
Thank you. Let me know if you have any questions.
Best regards,
Maricopa County Logo
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-506-3301
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: draythomp@gmail.com <draythomp@gmail.com>
Sent: Wednesday, June 12, 2024 1:44 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Maricopa County, Arizona Planning and Development Regulatory Process Update Adam, Please refresh my memory, what determines a ‘stakeholder’? An example of my concern is people who use a roadway daily being impacted by new development that will
Adam,
Please refresh my memory, what determines a ‘stakeholder’? An example of
my concern is people who use a roadway daily being impacted by new
development that will severely limit their access to streets not designed for the
new usage. We have seen this recently as properly zoned developments are
served by access that is limited and causes problems.
Dave
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Wednesday, June 12, 2024 10:28 AM
To: draythomp@gmail.com
Subject: RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Good morning David,
Sometimes when the County proposes ideas for text amendments, we don’t always have text
available to start because we want to take comment from stakeholders on the initial ideas before we
produce a complete draft. This is one of those cases. We held an initial stakeholder meeting where
we explained the process, tentative timeline and collected thoughts from participants. This
stakeholder meeting was noticed to you as was this ZIPPOR meeting as will the upcoming meetings.
The ZIPPOR is a briefing to the Commission on the text amendment and will include a presentation
that also explains the process, timeline and gets thoughts from the Commission. As the notice
states, anything that gets produced (including a draft, if produced) for the Commission will be
available to the public five days prior to the meeting (as staff reports for planning cases are).
Following the ZIPPOR meeting, there will be a second stakeholder meeting that takes place after the
ZIPPOR meeting potentially in late July or August. At that meeting we are expecting to have a
complete draft of the text that shows what is being deleted or changed. The tentative timeline is
also included in the EROP documents on the EROP page under previous documents associated (Step
1 Documents). https://www.maricopa.gov/DocumentCenter/Index/3560
The text of the current regulations are included there as well, but as I noted we don’t have a draft of
the revised regulations ready yet for the public or the Commission for the reasons I stated above.
Regarding your questions, the text amendment is proposed to change the following:
1. Remove the hearing requirement from subdivision plats. The legislature passed (and the
Governor signed) a law allowing municipalities and counties to process subdivision plats
administratively (without hearings). Subdivision plats are already mainly administrative
(having no public participation or notice requirements) as when the County receives a
subdivision application, the subdivision will be a by right development if the zoning is in place.
Approval through hearings is solely a ministerial act by the Commission and Board.
2. Delete the administrative guidelines and move them to the application packets. The
administrative guidelines are basically application checklist requirements that do not need to
be in the regulations.
3. Revise references in the regulations to outdated processes or outdated technical manuals
that are no longer used.
Stakeholders may also propose ideas to change the regulations. The purpose of the amendment is
to streamline the process and clarify the subdivision regulations. We’ll include your comments in
the reports that are forwarded on to the Commission and Board.
Thank you. Please let me know if you have any questions.
Best regards,
Maricopa County Logo
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-506-3301
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: draythomp@gmail.com <draythomp@gmail.com>
Sent: Wednesday, June 12, 2024 8:28 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Maricopa County, Arizona Planning and Development Regulatory Process Update Adam, Where is the text of the current regulations, and the text of the proposed regulations? I see the various document links scattered all over the place, but there
Adam,
Where is the text of the current regulations, and the text of the proposed
regulations? I see the various document links scattered all over the place, but
there is no clear roadmap to what is being changed, how it is being changed
and why. Somewhere there must be something that shows what is being
deleted and what is being added to the subdivision regulations.
With the rampant building and incessant construction, this is near and dear to
the people that love and want to preserve the desert. It is worrisome that there
is a desire to short-circuit the process that has worked for years in favor of
rushing something through a destructive process without resident’s
understanding and acceptance.
Thank you
David Thompson
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, June 11, 2024 4:43 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
View email as a webpage.
Maricopa County
All: The Planning & Development Department has updated Step 3 for the
proposed Text Amendment as part of the Enhanced Regulatory Outreach
Program (EROP) process. This includes TA2024002 – Maricopa County
Subdivision Regulations to amend the subdivision regulations so that
preliminary and final plats may be approved administratively by Staff
without a public hearing. The option to approve subdivision plats
administratively would streamline the process and eliminate eight weeks of
processing time required under the current process due to hearings.
Additionally, Staff is proposing to amend other language within the
subdivision regulations to provide clarity and modernity to the regulations.
The EROP website has been updated to list Step 3 with the following
document:
Step 3:
ZIPPOR Meeting Notice
Click here to review Step 3: https://www.maricopa.gov/2778/Active-
Regulatory-Process
A ZIPPOR meeting is scheduled for June 27, 2024 at 9:30 a.m. in the
Board of Supervisors’ Auditorium at 205 W. Jefferson St., AZ 85003.
Attendance is in person or virtual through GoToWebinar.
-
-
-
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SUBSCRIBER SERVICES:
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From:
Adam Cannon (PND)
To:
efulghum@paradigm-eng.com
Bcc:
Michele Ross (COA)
Subject:
RE: Online Form Submittal: Citizen Comments
Date:
Thursday, June 13, 2024 5:51:00 PM
Attachments:
image001.png
Text Amendment vs 12-1-23.pdf
Good afternoon Elizabeth,
Thank you for your comments. I wanted to get in touch with you about this text amendment
process to assuage some of your concerns.
1. The second stakeholder meeting will absolutely occur for this process and was always
intended to occur. It’s listed as optional because sometimes there are smaller text
amendments where the draft is produced upfront with little potential for controversy and we
are seeing no participation after notice. For this amendment, we don’t have the text out yet
and used the 1st meeting to collect ideas and then produce the draft. We’ll have a draft
available prior to the 2nd stakeholder meeting and possibly earlier. You’ll receive notice of it
when its available. I also encourage you to attend the ZIPPOR meeting if you would like more
details about the process and amendment and to participate in the 2nd stakeholder meeting.
You will be included in the notice for the stakeholder meeting and any other meetings going
forward.
2. All text amendments may have alternative proposals presented throughout the process. The
stakeholder meeting is a meeting for people to share comments on the draft produced which
can include alternative language. A staff document will be produced and presented to the
Commission. As this is a staff-initiated process, the staff document may or may not include
presented alternative language. The hearing at the Planning and Zoning Commission (which is
the citizen voting body appointed by the Board that makes recommendations to the Board),
when scheduled, will allow for objections, support, requests for alternative language (a
member of the Commission must make a motion to include any alternative language
proposed by a citizen) or other comments. In total, beginning with the original stakeholder
meeting held in May, there will be 6 meetings of which only one (the ZIPPOR as it is a briefing
to the Commission to collect Commission comments) does not feature public comment.
3. A citizen-initiated text amendment process is available. Please see the attached application
packet for more information.
Thank you. Please let me know if you have any questions.
Best regards,
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
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O: 602-506-3301
E: adam.cannon@maricopa.gov
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From: Michele Ross (COA) <Michele.Ross@maricopa.gov>
Sent: Wednesday, June 12, 2024 4:53 PM
To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>; Adam Cannon (PND)
<Adam.Cannon@maricopa.gov>
Subject: FW: Online Form Submittal: Citizen Comments
Please see the citizen comment below.
Thank you,
Michele Ross
Program Manager
County Manager’s Office
O: 602-506-0583
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Wednesday, June 12, 2024 10:02 AM
To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (HSD)
<Kathy.Semder@Maricopa.Gov>; Andy Linton (ENV) <Andy.Linton@Maricopa.Gov>; Bill Leal (DOT)
<Bill.Leal@Maricopa.Gov>; Kathryn Garcia (PND) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero
(ENV) <Blanca.Caballero@Maricopa.gov>; Michele Ross (COA) <Michele.Ross@maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department.
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule
TA2024002 - Maricopa County Subdivision Regulations
Department
Planning and Development
I would like to
Express opposition
First Name
Elizabeth
Last Name
Fulghum
Organization
Field not completed.
City
Queen Creek
Zip
85142
Email
efulghum@paradigm-eng.com
Phone Number
4805185296
Phone Type
Mobile
Would you like someone to
contact you?
No
Comments
I am writing to express my concerns and recommendations
regarding the procedures for the Second Stakeholder Workshop
and the Second Public Meeting with the citizens' board or
commission for the approval of regulatory changes.
Mandatory Second Stakeholder Workshop
Firstly, I propose that the Second Stakeholder Workshop,
currently listed as optional, should be made mandatory.
Stakeholder workshops play a crucial role in ensuring that all
relevant parties have the opportunity to voice their opinions,
share their expertise, and contribute to the development of well-
rounded and effective regulatory policies. By making the second
workshop mandatory, we can ensure continuous engagement,
address concerns that may arise after the first workshop, and
solidify stakeholder commitment to the regulatory process.
Allowing Objections and Alternatives in Public Meetings
Secondly, I recommend that the Second Public Meeting with the
citizens' board or commission be structured to not only
recommend approval of the regulatory change but also to allow
for objections and the presentation of alternative solutions. Public
meetings are essential for fostering transparent and democratic
decision-making processes. Allowing objections and alternatives
during these meetings will ensure that all voices are heard and
considered, leading to more robust and widely accepted
regulatory outcomes.
These changes will enhance the effectiveness and inclusivity of
the regulatory process, ensuring that all stakeholders and
citizens have meaningful opportunities to contribute and be
heard.
Thank you for considering these suggestions. I am confident that
implementing these changes will improve our regulatory
framework and better serve our community. I am available to
discuss this further at your convenience and look forward to your
positive response.
If applicable, attach
supporting documentation
associated with your
comment. The only file
types supported are MS
Office and Adobe Acrobat.
Field not completed.
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This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
From:
Michele Ross (COA)
To:
Rachel Applegate (PND); Adam Cannon (PND)
Subject:
FW: Online Form Submittal: Citizen Comments
Date:
Monday, September 16, 2024 3:45:05 PM
Attachments:
image001.png
Hello,
Please see the citizen comment below.
Thank you,
Michele Ross
Program Manager
County Manager’s Office
O: 602-506-0583
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Monday, September 16, 2024 3:38 PM
To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (HSD)
<Kathy.Semder@Maricopa.Gov>; Andy Linton (ENV) <Andy.Linton@Maricopa.Gov>; Bill Leal (DOT)
<Bill.Leal@Maricopa.Gov>; Kathryn Garcia (PND) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero
(OOC) <Blanca.Caballero@Maricopa.gov>; Michele Ross (COA) <Michele.Ross@maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department.
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule
TA2024002 - Maricopa County Subdivision Regulations
Department
Planning and Development
I would like to
Express opposition
First Name
Dennis
Last Name
Earnhart
Organization
Desert Gem Real Estate
City
Waddell
Zip
85355
Email
Dearn1000@gmail.com
Phone Number
4804906825
Phone Type
Mobile
Would you like someone to
contact you?
Field not completed.
Comments
There are a large number of constituents who do not support this
amendment. If you look at the growth in the West Valley it has
become quite evident that the planning/zoning commission and
the board of supervisors do not support the voice of their
constituents. You have approved a number of zoning changes
that has caused major, and I do mean major traffic issues
surrounding our area. At certain times of the day there is a 45
minute wait to travel from Peoria Ave to Waddell Rd on Cotton
Lane. The number of new residential, commercial, and industrial
builds has far outweighed the traffic problems for us throughout
the Surprise/Waddell corridor from Glendale Ave to as far as the
303/Grand Ave. interchange. To bypass the residents so that you
can build even more properties with zoning changes and it is not
good for the area. I have lived through this chaos, confusion,
frustrations, traffic jambs and accidents in San Jose California
and you turning us into a California. Many of us left that state to
remove ourselves from the problems that the local
planning/zoning/local leadership were causing and you are
already doing that here. Please do not do this. You are taking
away the power of the people and we do not believe this is either
acceptable or good for our neighborhoods. I humbly ask you not
to approve this amendment. Thank you.
If applicable, attach
supporting documentation
associated with your
comment. The only file
types supported are MS
Office and Adobe Acrobat.
Field not completed.
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This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
From:
Kelly Wolff
To:
Adam Cannon (PND)
Subject:
Maricopa County Subdivision Regulations
Date:
Tuesday, July 9, 2024 3:27:05 PM
Attachments:
M24-06122143 AZGFD Comment Matrix Maricopa County Subdivision Regulations - Sheet1.pdf
M24-06122143 AZGFD comm Maricopa County Subdivision Regulations.pdf
Good Afternoon Adam,
It was nice to meet you at the recent meeting. As a follow-up, attached are the Department's
comments on the proposed regulation revisions. Please let me know if you have any questions
regarding this letter.
Kelly
KELLY WOLFF | (Ms/Her/She)
HABITAT EVALUATION AND LANDS PROGRAM MANAGER, REGION VI
ARIZONA GAME AND FISH DEPARTMENT
OFFICE: 480-324-3550
MOBILE: 480-201-7756
EMAIL: kwolff@azgfd.gov
azgfd.gov | 7200 East University Drive, AZ 85207
Join our new Conservation Membership program and ensure a wildlife legacy for the future.
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
From:
Kelly Wolff
To:
Adam Cannon (PND)
Subject:
Re: Maricopa County Subdivision Regulations
Date:
Thursday, July 11, 2024 1:58:09 PM
Attachments:
image001.png
Great, thanks Adam.
kelly
KELLY WOLFF | (Ms/Her/She)
HABITAT EVALUATION AND LANDS PROGRAM MANAGER, REGION VI
ARIZONA GAME AND FISH DEPARTMENT
OFFICE: 480-324-3550
MOBILE: 480-201-7756
EMAIL: kwolff@azgfd.gov
azgfd.gov | 7200 East University Drive, AZ 85207
Join our new Conservation Membership program and ensure a wildlife legacy for the future.
On Wed, Jul 10, 2024 at 4:11 PM Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
wrote:
Good afternoon Kelly,
It was nice to meet you as well. Thank you for submitting these comments. We will
consider them internally as we update the plan and notify you of the next stakeholder
meeting once a revised draft is produced.
Best regards,
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: Kelly Wolff <kwolff@azgfd.gov>
Sent: Tuesday, July 9, 2024 3:24 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: Maricopa County Subdivision Regulations
Good Afternoon Adam, It was nice to meet you at the recent meeting. As a follow-up, attached are the Department's comments on the proposed regulation revisions. Please let me know if you have any questions regarding this letter. KellyKELLY
Good Afternoon Adam,
It was nice to meet you at the recent meeting. As a follow-up, attached are the Department's
comments on the proposed regulation revisions. Please let me know if you have any
questions regarding this letter.
Kelly
KELLY WOLFF | (Ms/Her/She)
HABITAT EVALUATION AND LANDS PROGRAM MANAGER, REGION VI
ARIZONA GAME AND FISH DEPARTMENT
OFFICE: 480-324-3550
MOBILE: 480-201-7756
EMAIL: kwolff@azgfd.gov
azgfd.gov | 7200 East University Drive, AZ 85207
Join our new Conservation Membership program and ensure a wildlife legacy for the future.
July 9, 2024
Mr. Adam Cannon
Maricopa County Planning and Development
301 West Jefferson Street, Suite 170
Phoenix, Arizona 85003
Electronically submitted to: adam.cannon@maricopa.gov
RE:
Maricopa County Subdivision Regulations
Dear Mr. Cannon:
The Arizona Game and Fish Department (Department) appreciates the opportunity to participate
in the Maricopa County Planning and Zoning Commission meeting for the Maricopa County
(County) Subdivision Regulations (regulations) presented by the Maricopa County Planning and
Development Department. The purpose of the meeting was to review the proposed text
amendment and provide an opportunity for language changes and clarifications. The Department
presented comments verbally at the meeting on June 27, 2024 and have included them as an
attachment to this letter.
Under Title 17 of the Arizona Revised Statutes, the Department, by and through the Arizona
Game and Fish Commission, has jurisdictional authority and public trust responsibilities to
conserve and protect the state fish and wildlife resources. In addition, the Department manages
threatened and endangered species through authorities of Section 6 of the Endangered Species
Act and the Department’s Section 10(a)(1)(A) permit. It is the mission of the Department to
conserve and protect Arizona's diverse fish and wildlife resources and manage for safe,
compatible outdoor recreation opportunities for current and future generations. For your
consideration, the Department provides the following comments based on the agency's statutory
authorities, public trust responsibilities, and special expertise related to wildlife resources and
recreation.
The Department understands the importance of providing subdivision regulations (last revision
2021) in order to ensure the growth and balanced development of the County, while including
such considerations to traffic circulation, individual property use and water availability within
the development planning process. The proposal to amend subdivision regulations to allow the
preliminary plats and final plats to be approved administratively by staff and eliminate eight
weeks of processing time associated with public hearings could inadvertently eliminate the
ability for comment periods for those other state and local agencies to provide comments
impacting their jurisdictional authorities. The Department recommends preliminary plats be
made available for comment to state and local agencies as a part of the process. In addition, the
M24-06122143 AGFD Comm Maricopa County Subdivision Regulations
July 9, 2024
Page 2
Department recommends additional language be added to the regulations to clarify what is to be
contained in the preliminary plats and what is required (see attachment) for submission of the
packet.
Thank you for the opportunity to provide input on these regulations. For further coordination,
please contact Kelly Wolff at kwolff@azgfd.gov or 480-324-3550.
Sincerely,
Joshua W. Hurst
Joshua Hurst
Regional Supervisor
cc:
Ginger Ritter – Project Evaluation Program Supervisor
Teigan Williams - Acting Habitat, Evaluation and Lands Program Manager, Region 3
Attachment
AZGFD #M24-04091859
M24-06122143 AZGFD Comment Matrix - Maricopa County Subdivision Regulations
Page
Chapter
Section
Subsection
Comment
NA
NA
NA
NA
These regulations should include reference and language from the Maricopa County
Flood Control Drainage Policies and Standards documents. For example, "The
County/Community/District strongly endorses minimizing disturbances to natural
watercourses in order to lessen the impacts on the environment, including: native
vegetation, riparian habitat, natural conveyance features, natural recharge potential,
and other ecological processes" ( FCDMC Drainage Policies and Standards 2018).
FCDMC also encourages more natural approaches, specifically in native desert
environments for drainage design. The Department recommends considering buffers
or setbacks to drainage areas such as washes and rivers to reduce erosion and impacts
to the hydrology and the ecology of the systems. The Department is available to assist
in determining proper setbacks at a project specific and/or broader scales. These areas
contribute the most to wildlife connectivity and represent areas of opportunities to
preserve or enhance connectivity at a landscape or regional scale. These areas
facilitate the movements of wildlife that utilize washes and other riparian areas for
cover and travel corridors. Avoiding and minimizing impacts to riparian areas is
important to maintaining the integrity of these critical habitats that facilitate wildlife
movements at a landscape level.
1
2
202
preliminary
plat
2 Information
required
This section should include a requirement/recommmendation to use the Arizona
Online Environmental Review Tool (ERT, https://ert.azgfd.gov) to assist in
identifying any potential fish and wildlife resources in or adjacent to the proposed
project area. This tool provides compliance for a Phase I Environmental Compliance
desktop review for Threatened and Endangered Species per the requirements under the
National Environmental Policy Act. The ERT provides access to GIS data from
multiple sourcess that represent conservation values across the state. The ERT also
produces a report that provides information for incorporating wildlife conservation
into project planning. The ERT Report details this information based on your project
type, location, and species. This report can be used to guide preliminary decisions and
assessments of proposed land and water development, management, locations, and
conservation projects.
Additionally, applicants should be required to identify parks, recreation areas, trails,
and open spaces within or adjacent to the project. Any riparian habitats should also be
identified and avoided, minimized, or offset through appropriate buffers and set
asides.
M24-06122143 AZGFD Comment Matrix - Maricopa County Subdivision Regulations
2
2
3 Department/
Technical
Advisory
The Department recommends applications be distributed to the Project Evaluation
Program (Arizona Game and Fish Department) at pep@azgfd.gov for review when
projects are in unicorporated areas and/or adjacent to predicted or modeled wildlife
linkages/corridors.
1
3
302
Subdivision
Design
The title of the section needs a spelling correction for "desing" to "Design".
Administrative guidelines
2
Preliminary Plat
3 A
preliminary
plat should
contain
Parks, recreation areas, trails, and open spaces should be identified within or adjacent
to the project. In addition, any riparian habitats should be identified and avoided,
minimized, or offset through appropriate buffers and set asides.
5
Preliminary Plat
c. flood
control
Riparian habitat should be identified in the drainage area in terms of acres with
consideration of buffers or setbacks to reduce erosion and impacts to the hydrology
and the ecology of the system. The Department is available to assist in determining
proper setbacks at a project specific and/or broader scales.
6
Preliminary Plat
4. Other
agencies
The Department recommends applications be distributed to the Project Evaluation
Program (Arizona Game and Fish Department) at pep@azgfd.gov for review.
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
From:
Karen Dada
To:
Adam Cannon (PND)
Cc:
Rhonda Buss
Subject:
Re: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations - ZIPPOR Meeting Notice
Date:
Monday, June 17, 2024 4:17:51 PM
Attachments:
image001.png
Sounds great! Good luck with the amendment.
Karen Dada, AICP | Assistant Director, Real Estate Division
Arizona State Land Department
1110 West Washington Street | Phoenix, AZ 85007
O: 602-542-3118 | kdada@azland.gov
Funding Arizona Public Schools and Institutions since 1915
On Mon, Jun 17, 2024 at 2:49 PM Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
wrote:
Good afternoon Karen,
Thank you and you as well!
There are no plans to change the routing process. The County supports coordination with the
state and we will still be routing preliminary and final plats to you along with the other cases
we route.
Please let me know if you have any other questions about the amendment.
Best regards,
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: Karen Dada <kdada@azland.gov>
Sent: Monday, June 17, 2024 9:17 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Rhonda Buss <rbuss@azland.gov>
Subject: Re: TA2024002 - Text Amendment to Amend Maricopa County Subdivision
Regulations - ZIPPOR Meeting Notice
Good morning Adam, Hope you had a great weekend. I have a quick question for you on this proposed revision, which on the whole looks very beneficial. Will the County still be sending out the preliminary/final plats to agencies for review and
Good morning Adam,
Hope you had a great weekend.
I have a quick question for you on this proposed revision, which on the whole looks
very beneficial. Will the County still be sending out the preliminary/final plats to
agencies for review and comment? As you know, we sometimes have
questions/comments regarding access or utility easement to support future
development of State Trust Land when a neighboring private property develops.
Other concerns we have seen are trails that dead end from a subdivision onto STL, in
which case we ask the developer to install appropriate signage regarding the need for
a rec permit.
Thanks,
Karen Dada, AICP | Assistant Director, Real Estate Division
Arizona State Land Department
1110 West Washington Street | Phoenix, AZ 85007
O: 602-542-3118 | kdada@azland.gov
Funding Arizona Public Schools and Institutions since 1915
On Tue, Jun 11, 2024 at 4:45 PM Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
wrote:
View email as a webpage.
Maricopa County
All: The Planning & Development Department has updated Step 3 for the
proposed Text Amendment as part of the Enhanced Regulatory Outreach
Program (EROP) process. This includes TA2024002 – Maricopa County
Subdivision Regulations to amend the subdivision regulations so that
preliminary and final plats may be approved administratively by Staff
without a public hearing. The option to approve subdivision plats
administratively would streamline the process and eliminate eight weeks of
processing time required under the current process due to hearings.
Additionally, Staff is proposing to amend other language within the
subdivision regulations to provide clarity and modernity to the regulations.
The EROP website has been updated to list Step 3 with the following
document:
Step 3:
ZIPPOR Meeting Notice
Click here to review Step 3: https://www.maricopa.gov/2778/Active-
Regulatory-Process
A ZIPPOR meeting is scheduled for June 27, 2024 at 9:30 a.m. in the
Board of Supervisors’ Auditorium at 205 W. Jefferson St., AZ 85003.
Attendance is in person or virtual through GoToWebinar.
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county.
From:
Tiffany Copp
To:
Adam Cannon (PND)
Subject:
RE: Status of TA2024002
Date:
Tuesday, July 16, 2024 9:48:35 AM
Attachments:
image001.png
Appreciate the assistance, Adam. Thank you!
Tiffany Copp
623-222-3020
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, July 16, 2024 8:15 AM
To: Tiffany Copp <Tiffany.Copp@surpriseaz.gov>
Subject: RE: Status of TA2024002
***The e-mail below is from an external source. Please do not open attachments or
click links from an unknown or suspicious origin.***
Hi Tiffany,
Yes – we are still on track to be heard this fall for amending the subdivision regulations. I attached
our staff report for our recent meeting with ZIPPOR (PZ). The attachments include the draft of the
amendment and elimination of the administrative guidelines. We are having a stakeholder meeting
in mid-August and there will be a revised draft at that meeting.
Best regards,
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: Tiffany Copp <Tiffany.Copp@surpriseaz.gov>
Sent: Monday, July 15, 2024 4:20 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: Status of TA2024002
Hi Adam, I was trying to follow up on this case to see if it is still on track to be heard this fall for consideration to make Pre and Final Plats Administrative? If yes, is there a copy of the text amendment you can share? We are exploring
Hi Adam,
I was trying to follow up on this case to see if it is still on track to be heard this fall for
consideration to make Pre and Final Plats Administrative? If yes, is there a copy of the text
amendment you can share? We are exploring this same possibility in the City of Surprise.
Thank you,
Tiffany Copp
Assistant Director, Community Development
Tiffany.Copp@surpriseaz.gov | 623-222-3020
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county.
From:
Jodie Novak
To:
Adam Cannon (PND)
Subject:
RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations - ZIPPOR Meeting Notice
Date:
Monday, July 1, 2024 10:51:39 AM
Attachments:
image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
Great, thank you very much! Have a great Monday.
Jodie Novak MEP, CPM
Director
Development Services
11465 W. Civic Center Dr., Avondale, AZ 85323
Office: (623) 333-4015
jnovak@avondaleaz.gov
www.AvondaleAZ.gov
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Monday, July 1, 2024 10:00 AM
To: Jodie Novak <jnovak@avondaleaz.gov>
Subject: RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Maricopa County, Arizona Planning and Development Regulatory Process Update Jodie, Here’s the full report from Thursday’s meeting. The edits to the subdivision regs are in the attachments (along with the deletion of the administrative guidelines).
Jodie,
Here’s the full report from Thursday’s meeting. The edits to the subdivision regs are in the
attachments (along with the deletion of the administrative guidelines).
Thanks,
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: Jodie Novak <jnovak@avondaleaz.gov>
Sent: Monday, July 1, 2024 9:51 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Maricopa County, Arizona Planning and Development Regulatory Process Update Hi! Thank you. Yes please send me a copy as we’re looking at the same option here. Jodie Novak MEP, CPM Director Development Services 11465 W. Civic Center Dr. , Avondale,
Hi! Thank you. Yes please send me a copy as we’re looking at the same option here.
Jodie Novak MEP, CPM
Director
Development Services
11465 W. Civic Center Dr., Avondale, AZ 85323
Office: (623) 333-4015
jnovak@avondaleaz.gov
www.AvondaleAZ.gov
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Monday, July 1, 2024 9:39 AM
To: Jodie Novak <jnovak@avondaleaz.gov>
Subject: RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Maricopa County, Arizona Planning and Development Regulatory Process Update Hi Jodie, Not yet. We just had a discussion meeting with the commission and we are going to be holding a follow-up stakeholder meeting so that the public can comment
Hi Jodie,
Not yet. We just had a discussion meeting with the commission and we are going to be holding a
follow-up stakeholder meeting so that the public can comment on the draft. After that, we’ll bring it
back to PZ and BOS for consideration. We’re anticipating the September – November timeframe for
that.
Did you want me to send you a copy of the draft?
Best regards,
Adam Cannon, AICP
Senior Planner
Planning & Development
301 W Jefferson St. Phoenix, AZ 85003
O: 602-372-0292
E: adam.cannon@maricopa.gov
[ Maricopa.Gov ]
Facebook | Instagram | Twitter | YouTube | LinkedIn
From: Jodie Novak <jnovak@avondaleaz.gov>
Sent: Monday, July 1, 2024 9:36 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Maricopa County, Arizona Planning and Development Regulatory Process Update Hi Adam! I want to follow up on this Text Amendment, did the BOS approve the request to have Final Plats be processed administratively? Thank you, Jodie Jodie Novak
Hi Adam! I want to follow up on this Text Amendment, did the BOS approve the request to have
Final Plats be processed administratively?
Thank you, Jodie
Jodie Novak MEP, CPM
Director
Development Services
11465 W. Civic Center Dr., Avondale, AZ 85323
Office: (623) 333-4015
jnovak@avondaleaz.gov
www.AvondaleAZ.gov
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, June 11, 2024 4:43 PM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
ZIPPOR Meeting Notice
Maricopa County, Arizona Planning and Development Regulatory Process Update View email as a webpage. All: The Planning & Development Department has updated Step 3 for the proposed Text Amendment as part of the Enhanced Regulatory Outreach
View email as a webpage.
All: The Planning & Development Department has updated Step 3 for the
proposed Text Amendment as part of the Enhanced Regulatory Outreach
Program (EROP) process. This includes TA2024002 – Maricopa County
Subdivision Regulations to amend the subdivision regulations so that
preliminary and final plats may be approved administratively by Staff
without a public hearing. The option to approve subdivision plats
administratively would streamline the process and eliminate eight weeks of
processing time required under the current process due to hearings.
Additionally, Staff is proposing to amend other language within the
subdivision regulations to provide clarity and modernity to the regulations.
The EROP website has been updated to list Step 3 with the following
document:
Step 3:
ZIPPOR Meeting Notice
Click here to review Step 3: https://www.maricopa.gov/2778/Active-
Regulatory-Process
A ZIPPOR meeting is scheduled for June 27, 2024 at 9:30 a.m. in the
Board of Supervisors’ Auditorium at 205 W. Jefferson St., AZ 85003.
Attendance is in person or virtual through GoToWebinar.
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1
Adam Cannon (PND)
From:
Glenn Bak <glenn.bak@pinal.gov>
Sent:
Wednesday, June 12, 2024 8:02 AM
To:
Adam Cannon (PND)
Subject:
Re: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations - ZIPPOR
Meeting Notice
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.
Thank you Adam ‐ very interesting, as we process many plats here nowadays and something similar could save us much
effort. Something I'm trying to create here is a distribution list like we had there, that lists the current contact for cities,
schools, water, fire, etc. for secondary routing. If you could share the spreadsheet MC uses I'd appreciate it.
On Tue, Jun 11, 2024 at 4:44 PM Adam Cannon (PND) <Adam.Cannon@maricopa.gov> wrote:
View email as a webpage.
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Maricopa County
2
All: The Planning & Development Department has updated Step 3 for the
proposed Text Amendment as part of the Enhanced Regulatory Outreach
Program (EROP) process. This includes TA2024002 – Maricopa County
Subdivision Regulations to amend the subdivision regulations so that
preliminary and final plats may be approved administratively by Staff
without a public hearing. The option to approve subdivision plats
administratively would streamline the process and eliminate eight weeks
of processing time required under the current process due to
hearings. Additionally, Staff is proposing to amend other language within
the subdivision regulations to provide clarity and modernity to the
regulations. The EROP website has been updated to list Step 3 with the
following document:
Step 3:
ZIPPOR Meeting Notice
Click here to review Step 3: https://www.maricopa.gov/2778/Active-
Regulatory-Process
A ZIPPOR meeting is scheduled for June 27, 2024 at 9:30 a.m. in the
Board of Supervisors’ Auditorium at 205 W. Jefferson St., AZ
85003. Attendance is in person or virtual through GoToWebinar.
-
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from the Internet.
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Office prevented automatic download of
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‐‐
Glenn Bak
Senior Planner
Pinal County, Community Development Department
85 N Florence Street
Florence, AZ 85132
520-866-6444
This Message Is From an External Sender
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county.
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From:
Ken Galica
To:
Adam Cannon (PND)
Subject:
RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations - Stakeholder Meeting
Notice
Date:
Tuesday, May 7, 2024 12:00:39 PM
Attachments:
image001.png
image004.png
Thanks for sharing, Adam. We fully support the streamlining and will be looking to do this
as well in the near future.
Ken Galica
Principal Planner
Development Services Department
(623) 349-6214
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Tuesday, May 7, 2024 10:56 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations -
Stakeholder Meeting Notice
[NOTICE: This message originated outside of the City of Buckeye -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
ZjQcmQRYFpfptBannerEnd
View email as a webpage.
Maricopa County
All: The Planning & Development Department has updated Step 1 and
Step 2 for the proposed Text Amendment as part of the Enhanced
Regulatory Outreach Program (EROP) process. This includes TA2024002
–Maricopa County Subdivision Regulations to amend subdivision
regulations to allow preliminary plats and final plats to be approved
administratively by staff. The request would streamline the process and
eliminate eight weeks of processing time associated with public hearings.
The request would also include updating language to provide clarity and
modernity to regulations. A stakeholder meeting on this matter is
scheduled for Friday, May 24, 2024 at 10:00 a.m.
The EROP website has been updated to list Steps 1 and 2 with the
following documents:
Step 1: County Manager Approval Memo, Briefing Notification memo,
Existing Subdivision Regulations and Adoption Process with Timeline.
Step 2: Stakeholder Meeting Notice, Existing Subdivision Regulations
Click here to review Steps 1 & 2: https://www.maricopa.gov/2778/Active-
Regulatory-Process
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county.
From:
Greg Loper
To:
Adam Cannon (PND)
Subject:
RE: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations - Planning and Zoning
Commission Hearing
Date:
Monday, September 16, 2024 7:41:06 AM
Adam – The City of Peoria supports the proposed Text Amendment. Best wishes!
Greg Loper, AICP
Parks, Open Space & Natural/Cultural Resources Senior Planner
Strategic Planning
O: 623-773-4613
M: 602-550-7004
Greg.Loper@PeoriaAZ.gov
City of Peoria | Planning Department
9875 N. 85th Avenue, Peoria, AZ 85345
Monday through Thursday, 7am to 6pm | Closed Friday
PeoriaAZ.gov/planning
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Friday, September 13, 2024 8:24 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: TA2024002 - Text Amendment to Amend Maricopa County Subdivision Regulations
- Planning and Zoning Commission Hearing
⚠⚠This email arrived from an external source. Please exercise caution
when opening attachments or clicking on links.⚠⚠
View email as a webpage. All: The Planning & Development Department has updated Step 5 for the proposed Text Amendment as part of the Enhanced Regulatory Outreach Program (EROP) process. This includes TA2024002 –Maricopa County Subdivision
View email as a webpage.
Maricopa County
All: The Planning & Development Department has updated Step 5 for the
proposed Text Amendment as part of the Enhanced Regulatory Outreach
Program (EROP) process. This includes TA2024002 –Maricopa County
Subdivision Regulations to amend subdivision regulations to allow
preliminary plats and final plats to be approved administratively by staff.
The request would streamline the process and potentially eliminate several
weeks of processing time associated with public hearings. The request
would also include updating language to provide clarity and modernity to
regulations. The Planning and Zoning Commission Hearing on this matter
is scheduled for Thursday, September 26, 2024 at 9:30 a.m.
The EROP website has been updated to list Step 5 with the following
documents:
Step 5: TA2024002 Stakeholder Notice, Maricopa County Subdivision
Regulations – PZ Draft, Administrative Guidelines – PZ Draft
Click here to review Step 5: https://www.maricopa.gov/2778/Active-
Regulatory-Process
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