Chapter 32 Code Amendment (final draft).pdf
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ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING PHOENIX CITY CODE
CHAPTER 31, CHAPTER 32, AND APPENDIX A.2; AND
ESTABLISHING AN EFFECTIVE DATE OF APRIL 1, 2024.
_______________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows:
SECTION 1. Phoenix City Code Chapter 31 is hereby amended as
follows:
Sec. 31-102.Street improvements—Assessment procedure.
* * *
f. The manner of collecting unpaid assessments shall be as follows:
* * *
2. The Planning and Development Director shall collect any unpaid
assessment prior to the City Council’s PLANNING AND DEVELOPMENT
DIRECTOR’S OR THEIR DESIGNEE approval of any final subdivision plat
which plat will result in a subdivision of assessed property pursuant to
chapter 32 of the Phoenix City Code.
* * *
SECTION 2. Phoenix City Code Chapter 32 is hereby amended as
follows:
Sec. 32-3. Definitions.
* * *
Abandonment by plat means the procedure whereby the owner of land may abandon
temporary easements and landscape easements by including those easements on a
subdivision plat. Such easements are abandoned, removing any City interest therein,
upon approval of the plat by the City Council PLANNING AND DEVELOPMENT
DIRECTOR OR THEIR DESIGNEE and recording of the plat in the office of the County
Recorder. Roadway, as defined by Section 31-63 of the City Code, can be abandoned
by plat only if processing of the plat complies with the requirements of Section 31-63 et
seq. of the City Code.
* * *
Final approval means the unconditional approval of the final plat, INCLUDING THE
ACCEPTANCE OF ALL THE RIGHTS-OF-WAY, EASEMENTS AND OTHER
PROPERTY INTERESTS DEDICATED TO THE CITY PER THE FINAL PLAT, by the
Council PLANNING AND DEVELOPMENT DIRECTOR OR THEIR DESIGNEE as
evidenced by certification on the plat by the Phoenix City Clerk authorizing recordation
of the plat.
* * *
SECTION 3. Phoenix City Code, Chapter 32, Division 3 is hereby
amended as follows:
Division 3. Final Plat
The final plat stage includes the final design of the subdivision, engineering of public
improvements, and submittal of the plat and plans by the subdivider. It includes review
of the final plat by the Planning and Development Department, and if applicable, the
City of Phoenix Floodplain Ordinance and the Arizona Department of Transportation,
and final APPROVAL action taken by the Council PLANNING AND DEVELOPMENT
DIRECTOR OR THEIR DESIGNEE.
SECTION 4. Phoenix City Code, Chapter 32 is hereby amended as
follows:
Sec. 32-19. Final plat submission.
A. The subdivider shall file with the Planning and Development Department the
final plat, with a letter of transmittal, and a fee for final plat review (non-refundable) as
set forth in Appendix A.2 of the City Code.
B. The City Clerk shall be responsible for recording all plats with the Maricopa
County Recorder’s office. Once a subdivision plat AND ALL ENGINEERING PLANS
ARE is approved by the Council PLANNING AND DEVELOPMENT DIRECTOR OR
THEIR DESIGNEE and all of the engineering plans have been approved by the
Planning and Development Department, the Department will not hold the recording at
the request of the subdivider for longer than 90 days from the date of the Council
PLANNING AND DEVELOPENT DIRECTOR OR THEIR DESIGNEE’S approval unless
extended by Section 32-21, or by the Planning and Development Director. One copy
shall be kept on file in the City Clerk’s Department for public access.
Sec. 32-20. Final plat review.
A. Upon receipt of the final plat submittal, the Department shall check it for
completeness. If incomplete, the date of the filing shall be voided, and the submittal
shall be returned to the subdivider. If complete, the Department shall review the plat for
substantial conformity to the approved preliminary plat and route copies of the submittal
to the appropriate reviewing offices.
1. City Parks and Recreation Department, when applicable;
2. Street Transportation Department, Floodplain Management Section, for
review where the plat includes or abuts an area of special flood hazard;
and
3. Arizona Department of Transportation (ADOT), for approval (where the
plat abuts a State highway).
3. ANY APPLICABLE CITY DEPARTMENTS
B. The Department shall prepare a concise summary of recommendations. In
the event that the Department finds that the final plat does not conform to the
preliminary plat as approved, the final plat shall be returned to the applicant for
corrections. The final submittal process shall MAY be repeated until EITHER all
requirements are met, OR THE EXPIRATION OF THE PRELIMINARY PLAT
APPROVAL.
C. THE PLANNING AND DEVELOPMENT DIRECTOR OR THEIR DESIGNEE
SHALL APPROVE THE FINAL PLAT IF THE FINAL PLAT CONFORMS TO THE
PRELIMINARY PLAT AND ALL APPLICABLE REQUIREMENTS. Upon final plat
approval the subdivider shall submit the original plat with all required owner signatures
and certifications for City signature. The Planning and Development Director OR THEIR
DESIGNEE shall sign the APPROVED FINAL plat. The Department shall determine the
next available Council approval date. The Department shall transmit the plat to the City
Clerk and the request for Council approval to the City Manager’s office.
D. THE PLANNING AND DEVELOPMENT DIRECTOR OR THEIR DESIGNEE’S
DECISION UNDER THIS SECTION IS THE FINAL ADMINISTRATIVE DECISION.
32-21. Final plat approval.
A. Upon receipt of a request for Council action from the City Manager, the Clerk
shall place the case on the agenda of the next regular Council meeting, whereupon the
Council shall approve or deny the plat.
B A. If the Council approves the plat, tThe CITY Clerk shall transcribe a
certificate of approval upon the plat, first making sure that the other required
certifications (see Section 32-24 (F)) have been duly signed, and that the Department
has certified that all of the civil engineering plans have been approved.
C B. The City Clerk shall notify the Planning and Development Department of all
plats for which a certification of approval of engineering plans has not been received
within 90 days of final plat approval by the Council PLANNING AND DEVELOPMENT
DIRECTOR OR THEIR DESIGNEE. The Subdivision Committee, upon receipt of valid
written justification, may extend the period for up to 90 days. The Planning and
Development Department will subsequently report the status of the plat to the Council
PLANNING AND DEVELOPMENT DIRECTOR OR THEIR DESIGNEE with one of the
following recommendations:
1. The Council PLANNING AND DEVELOPMENT DIRECTOR OR THEIR
DESIGNEE should revoke approval of the final plat and require the
applicant to resubmit the final plat to the Department for review (with
payment of fees) and reapproval by the Council PLANNING AND
DEVELOPMENT DIRECTOR OR THEIR DESIGNEE. This review may
require additional dedications or improvements, or a revised plat if
conditions or ordinances have changed since the Council’s PLANNNIG
AND DEVELOPMENT DIRECTOR OR THEIR DESIGNEE’S approval of
the final plat; or
2. The Council PLANNING AND DEVELOPMENT DIRECTOR OR THEIR
DESIGNEE may extend the time for the approval of engineering plans for
a specific period of time not to exceed 90 days.
DC. A subdivider may withdraw an approved plat by submitting a written request
to the Council PLANNING AND DEVELOPMENT DIRECTOR OR THEIR DESIGNEE
through the Planning and Development Department. The Council PLANNING AND
DEVELOPMENT DIRECTOR or their designee may formally rescind its approval and
void the plat.
ED. When the plat (reference subsection C of this section) has been revoked by
the Council PLANNING AND DEVELOPMENT DIRECTOR OR THEIR DESIGNEE, or
withdrawn by the subdivider (reference subsection D of this section), the City Clerk shall
transmit the plat to Planning and Development Department who shall return it to the
subdivider or engineer. If the subdivider or engineer cannot be found or does not
respond within 60 days, the plat will be destroyed.
* * *
Sec. 32-36. Approval by the City Council PLANNING AND DEVELOPMENT
DIRECTOR OR THEIR DESIGNEE.
The approval by the City Council PLANNING AND DEVELOPMENT DIRECTOR OR
THEIR DESIGNEE of the final plat is subject to the following conditions:
* * *
SECTION 5. The Appendix A.2, Phoenix City Code, Part 22 is amended
as follows:
Part 22. Glossary of Terms
* * *
PLAT, FINAL:
A map dividing property and dedicating public right-of-way in
final form with all required owner signatures that is ready for
the City Council PLANNING AND DEVELOPMENT
DIRECTOR OR THEIR DESIGNEE approval and recording.
* * *
SECTION 6. The effective date of this Ordinance shall be April 1, 2024
PASSED by the Council of the City of Phoenix this 21st day of February,
2024.
_________________________________
M A Y O R
ATTEST:
____________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:_________________________
_________________________
REVIEWED BY:
____________________________
Jeffrey Barton, City Manager
PML:ac:(LF24-0149):2-21-24: