When the subdivider submits an application for final plat approval, all required documents, civils, and plans outlined below shall be required for a complete application. The Town will not accept any application if all required submittal documents are not included. The time limitations for expiration of the preliminary plat will not be extended by submittal of an incomplete application.
A. Application Procedure and Requirements
1. In General: The final plat will be processed in stages involving the final design of the subdivision, submittal of engineering plans and specifications (if not already completed), final CC&Rs clearly setting forth the requirements for property owners form and operate a homeowners' association to maintain private streets, satisfactory assurance documentation, execution of a development agreement (if applicable), and signing of an infrastructure improvement agreement.
2. Zoning: The zoning of a tract must permit the proposed development. If a zoning amendment is required to enable the property to be developed as proposed, the rezoning must be approved by Council prior to approval of a final plat; provided that the subdivider must file an application for such rezoning prior to consideration of the preliminary plat. In the event a preliminary plat is not required as permitted in Section 5.2.7.
3. Easements:
a. The subdivider shall be responsible for providing on the final plat, prior to plat approval, the location and width of all easements necessary to provide the infrastructure improvements required by these Subdivision Regulations. All easements shown on the final plat shall be accompanied by the necessary dedication and acceptance statements to convey the easement to the appropriate person or entity to meet the requirements of these Subdivision Regulations.
b. The following notation shall be placed on all final plats: "Construction within easements, except by public agencies and utility companies, shall be limited to utilities, fencing (wood, wire or removable section-type), and/or landscaping. Utility companies will not be required to replace any obstructions or landscaping that must be removed during the course of maintenance, construction, or reconstruction within any utility easement."
4. Technical Review: The subdivider must submit the documents below at the same time as the application for final plat approval.
a. A complete set of engineering plans and specifications prepared by a civil engineer who is currently registered in the State of Arizona, including water, sanitary sewer, streets, grading and drainage and all other improvements; such plans and specifications shall be designed based upon the approved preliminary plat.
b. The final plat shall not be presented to Council until all engineering plans have been approved by the Development Services Director, the Public Works Director, and other applicable review agencies.
c. When applicable, for water and sewer mainline extensions, the subdivider must furnish to the Arizona Department of Environmental Quality (ADEQ) and the Town's Public Works Director such evidence as the ADEQ may require regarding the adequacy of the design and operation of the proposed potable water and sanitary sewerage facilities. Applications for plan review by ADEQ may only be made with written authorization of the Public Works Director. For the purposes of calculating distances for required water and sewer improvements, extension of utilities shall be measured from property line of the parent parcel that is closest to the existing water or sewer lines. If the proposed sewage disposal system will be by individual lot septic tanks, where permitted, the result of the percolation test and test boring logs shall be submitted to the Public Works Director.
d. In conjunction with all necessary engineering plans prescribed in these Subdivision Regulations, the subdivider shall provide a Comprehensive Development Plan (CDP) that illustrates the physical relationship of all proposed utility improvements for the proposed subdivision. This plan shall cumulatively index all proposed utility improvements for future reference, and help coordinate ongoing development within the Town.
(1) The subdivider may submit a preliminary CDP for Town staff review with the preliminary plat, or prior to the preparation and submittal of a final CDP and other engineering or improvement plans.
(2) The CDP shall depict the following:
i. Proposed location and separation of all public improvements and how they relate to the lots or blocks of the subdivision.
ii. Approximate distances and measurements of all proposed rights-of-way, easements, one hundred (100)-year floodplain limits for regulatory flows, utility placements, edge of pavement, curb, gutter, and sidewalk (if required); drainage structures and building envelopes for each lot.
iii. Topographic contours with an interval of between two (2) and ten (10) feet. The topographic mapping should extend fifty (50) feet beyond the subdivision boundaries. Spot elevations for the proposed grading should be provided at various locations to assist in determining the suitability of topography for the proposed subdivision.
iv. Phase lines, phase numbers and infrastructure to be provided in each phase.
e. Until such time as the Town formally adopts its own Engineering Design Details, the subdivider shall be required to use the Maricopa Association of Governments Standard Specifications and Details (most recent version), the Quad City Standards as published by the City of Prescott, and the Yavapai County Drainage Manual.
B. Final plat Submission: A complete Final Plat application submittal shall include the following:
1. Two (2) copies of a record plat drawn in permanent black ink on linen or mylar on a twenty-four (24) inches by thirty-six (36) inches sheet with the scale not to exceed one hundred (100) feet to one (1) inch. The Zoning Administrator or his/her designee may permit a variation in that scale if there is a unique or unusual size or shape to the subject property. If more than two (2) sheets are required for the drafting of the final plat, an index sheet of the same dimensions illustrating the layout of the entire subdivision shall be included.
2. A certificate or letter from each utility company providing service to the area indicating approval of the plans for utility installations and confirming the availability of services.
3. An Arizona Department of Transportation access permit, where required.
4. An Infrastructure Improvement Agreement, completed and recorded, between the subdivider and the Town, including all required bonds to cover warranties.
5. A completion date for the construction of the improvements. Council shall approve the completion date as part of the final plat approval. The completion date for the improvements should not exceed two (2) years from the date of such approval. If subdivider fails to complete the improvements by the completion date, the Council may, in its sole discretion, draw upon the assurances described hereafter to complete the improvements.
6. In addition to the paper submittal required above, an electronic version of the final plat, in digital format compatible with the Town's computer database (DXF, DWG or other similar digital file developed with the latest AutoCAD or ArcGIS), to facilitate the inclusion of the final plat into the Town's parcel database.
7. A copy of the subdivision's proposed covenants, conditions and restrictions (CC&Rs). The CC&R submittal, including any HOA requirements as set forth in these Subdivision Regulations, shall be in recordable format and shall be submitted and recorded with the final plat.
8. Identification Data
a. A title that includes the name of the subdivision and its location by section, township, and range.
b. Name, address, registration number, and valid seal of the registered land surveyor who prepared the plat.
c. Names, addresses, and signatures of all owners of record.
d. Names and addresses of the engineer and applicant for the project.
9. Survey Data
a. Subdivision boundary lines and corners, together with courses and distances and all curve or angle data. Subdivision corners must be shown and must close on the ground within 0.05 foot per one hundred (100) feet; other monuments, lot corners, and other survey points must also be described and located. One (1) tie must be made by true course and distance to a GLO corner, or, if none exists, to a corner of common acceptance. Proposed subdivisions adjacent to existing subdivisions must tie to the corners of the existing subdivisions. Adjoining property must be identified by subdivision name, or as "unsubdivided" if applicable. Forest Service lands must be identified. All connecting streets (public and private) and Forest Service roads must be shown and named.
b. Name, courses, length and width of all streets and street cross sections; radii, points of tangency, and central angles of all curvilinear streets; radii of all rounded street line intersections; location, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the public; and a statement noting that the streets dedicated on the plat will not be accepted for Town maintenance until they are brought up to minimum Town standards.
c. Certification by a registered professional land surveyor that all lots are staked, or will be staked within six (6) months.
10. Existing Conditions Data
a. Utility easements intended to remain on the property, including a reference to the recorded documents that granted the easements.
b. Drainage easements intended to remain on the property, with the following notation: "Natural, unimpeded flow is preferred in all drainage ways, wherever practical. No structure of any kind may be constructed or placed, nor may any vegetation be planted nor be allowed to grow within, on or over any drainage easement, which would obstruct or divert the flow of storm water. The Town may construct and/or maintain drainage facilities on or upon or under the land in any drainage easement."
c. Zoning on surrounding properties.
11. Descriptive Data Required:
a. Name, right-of-way lines, courses, lengths, width of all streets, crosswalks, and utility easements; radii, points of tangency and central angles of all curvilinear streets and rounded street line intersections.
b. Utility easements shown in the manner and including the information required as part of the preliminary plat submittal.
c. All drainage ways, including rights-of-way or easements for all major drainage ways, as designated by the Public Works Director, which shall be dedicated to the public on the face of the plat.
d. Location and dimension of all residential lots, including identification of each lot by number and size of each lot, total number of lots and average and minimum lot sizes.
e. All residential lots shall be numbered by consecutive numbers throughout the plat. "Exception" parcels, "tracts" and amenities such as parks shall be so designated, lettered or named and clearly dimensioned.
f. Locations, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the public, with the use clearly indicated.
g. Location of all adjoining subdivisions with date, map and page number of recordation noted, or if unrecorded or unsubdivided, so marked.
12. Assurances:
a. In order to ensure proper installation of subdivision improvements, the subdivider shall designate the type of assurance in a form and method acceptable to the Town Attorney and approved by Council in conjunction with review of the final plat. A final copy of the assurance shall be submitted to the Zoning Administrator within ninety (90) calendar days of Council approval, and prior to the recordation of any final plat approved by Council.
b. The amount of the assurance shall be based on a cost estimate prepared by a registered civil engineer in an amount to cover one hundred ten percent (110%) of the complete installation of the improvements. This assurance shall provide for its forfeiture to the Town in the event the Town does not accept the improvements by the declared completion date due to the default of the subdivider. Any portion of the forfeiture in excess of the expenses incurred by the Town in connection with the installation of the improvements shall be returned to the subdivider. The owner must provide the Town with one of the following types of financial assurances for the completion of the construction of the improvements required for the development of the subdivision:
(1) Surety Bond
i. A surety bond shall be executed by the subdivider with a corporation duly licensed and authorized to transact surety business in the State of Arizona, as surety. The bond shall be in favor of the Town, shall be continuous in form, and shall require that the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond, regardless of the number of years the bond is in force.
ii. The bond shall be released upon satisfactory performance of the work and its acceptance by the Town according to its customary requirements.
iii. The bond may be only cancelled by the subdivider if other security, satisfactory to the Town Attorney, has been deposited with the Town in an amount that will cover the obligations of the subdivider that remain to be performed.
iv. Any work abandoned or not completed by the subdivider may be completed by the Town, which shall recover the construction costs first from cash deposit or the bond, and second from the subdivider as to any amounts not covered by the cash deposit or the bond.
(2) Irrevocable Letter of Credit
i. A letter of credit shall be provided by a banking institution authorized to transact business in the State of Arizona. The letter of credit shall be in favor of the Town for the full amount of the required assurance.
ii. The letter of credit shall be released upon satisfactory performance of the work and its acceptance by the Town according to its customary requirements. In the Town's sole discretion as infrastructure is completed, the subdivider may subsequently replace the original letter of credit with substitute letters of credit as the required infrastructure is completed and accepted, so long as the total amount available to the Town is at all times sufficient to cover the cost of the remaining infrastructure to be built.
iii. The letter of credit will only be surrendered by the Town if the subdivider provides other security to the Town, in a form satisfactory to the Town Attorney, and in an amount that will ensure completion of the subdivider's obligations that remain to be performed.
iv. Any work abandoned or not completed by the subdivider may be completed by the Town, which shall recover the construction costs first from the letter of credit, and second from the subdivider as to any amounts not covered by the letter of credit.
(3) Cash or Certified Check
i. A cash deposit for the full amount of the required assurance in an account held by subdivider separate from other subdivider accounts, at a banking institution authorized to transact business in the State of Arizona. The subdivider shall execute a deposit account control agreement in the Town's favor, authorizing the Town to have exclusive control over the account until all of subdivider's obligations have been met.
ii. The cash deposit shall be released upon satisfactory performance of the work and its acceptance by the Town according to its customary requirements. In the Town's sole discretion as infrastructure is completed, the Town may release amounts from the account as the required infrastructure is completed and accepted, so long as the total amount available to the Town is at all times sufficient to cover the cost of the remaining infrastructure to be built.
iii. The cash deposit will only be surrendered by the Town if the subdivider provides other security to the Town, in a form satisfactory to the Town Attorney, and in an amount that will ensure completion of the subdivider's obligations that remain to be performed.
iv. Any work abandoned or not completed by the subdivider may be completed by the Town, which shall recover the construction costs first from the cash on deposit, and second from the subdivider as to any amounts not covered by the cash on deposit.
(4) Alternative Assurances. In lieu of providing cash, a letter of credit, or a surety bond, the Town Attorney may approve and recommend to Council such alternative assurances that it deems sufficient to guarantee and assure construction of the required improvements.
c. When no adjacent arterial or collector (as identified on the Chino Valley Streets Master Plan) is being constructed and the improvement of an arterial or collector street by a governmental agency is anticipated in the short-term future, the subdivider shall deposit the current estimated cost of improving the abutting half street with the Town in full satisfaction of its responsibility to the Town for such half-street improvements.
13. Dedication and acknowledgment - A statement dedicating all streets and easements for public use by the person holding legal title of record to the property. If the property contains any liens, all lien holders shall execute an appropriate release for all dedications. If the plat shows private access ways, it must include the appropriate easements to allow for use by, and access to, public utility providers, refuse collectors, and other public services. All signatures for dedication and acknowledgment shall be notarized.
14. Final plat Review and Approval
a. Complete Application: Upon acceptance of an application for approval of a final plat, the Zoning Administrator or his/her designee will have five (5) working days to advise the applicant if the submittal is complete. Copies of complete applications will be sent to the Town departments and utility and public safety agencies that serve the area. No application shall be deemed complete unless it includes all of the required items set forth above.
b. The Commission shall consider the final plat at a properly posted and advertised public meeting. The Commission shall provide a recommendation to the Council to approve the final plat, as submitted, to approve final plat with conditions, or to deny the final plat.
c. After the Planning and Zoning Commission has forwarded its recommendation to the Council, the Council shall consider the proposed final plat at a properly posted and advertised public meeting. The Council may approve the final plat as submitted, approve the final plat with conditions as recommended by the Commission, approve the final plat with additional or modified conditions, or deny the final plat.
d. Recordation: Upon receipt of the required assurances, and proof of adequate water supply, the Zoning Administrator or his/her designee will have the final plat recorded and provide a recorded copy of the plat to the applicant.
e. Each approved final plat shall expire if not recorded within one (1) year of receiving approval from the Town Council.
(Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022)