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§ 153.064 FAILURE TO MEET CONDITIONS OF APPROVAL.
   At the end of 1 year after Town Council approval, if the conditions of approval have not been satisfied, or if the recording version of the final plat has not been provided to the town, or if the final plat has been found not to be acceptable for recording, the final plat shall be referred back to the Town Council for action, including possible revocation of approval.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.065 AMENDMENTS.
   (A)   Minor or material amendments.
      (1)   Subdivision plat proposals may be amended during the course of plat review. The process for amendment depends on whether the change is determined to be major or minor in scope, and at what stage the change is being proposed (preliminary plat, final plat, or recordation).
      (2)   A determination will be made by the Planning and Zoning Director upon receipt of comments from reviewing town departments whether the changes are "minor authorized" changes and the final plat may be presented to the Town Council or if the changes are material and a "revised" preliminary plat will be required for consideration by the Planning and Zoning Commission and Town Council.
      (3)   Minor authorized changes may include adjustment, variation and reduction of lots, lot lines, easements or statements contained in the preliminary plat if they are found by the Planning and Zoning Director to be consistent with the intent and design of the approved preliminary plat.
      (4)   Adding lots, streets or creating exceptions to the town's design standards are changes which will require a "revised" preliminary plat.
   (B)   Amendments between preliminary plat and before final plat. Any minor amendment proposed following Commission approval of the preliminary plat will be highlighted for consideration by the Town Council as part of the final plat application. Major amendments to the preliminary plat shall be returned to the Commission for further consideration.
   (C)   Amendments following approval of final plat and before recording. The Planning and Zoning Director may administratively approve any minor amendment (i.e., change of street names, decrease in the number of lots, nominal increases or decreases of lot sizes; nominal changes in the location of streets, easements, and other public rights-of-way), to a final plat which has already been approved by the Town Council. Any major amendment to a final plat which follows Council approval will be referred back to the Town Council.
   (D)   Amendments which follow recording. Any plat of a subdivision that has been filed for record with the Mohave County Recorder may be amended to correct an error in any course or distance or other necessary item that was omitted therefrom, or to correct a drafting, graphic, technical or similar type errors, determined to be minor in scope by either the Planning and Zoning Director or a representative Committee delegated to evaluate the amendment proposals (scrivener's errors), and the corrected and amended plat may be subsequently recorded in the office of the County Recorder.
      (1)   The Planning and Zoning Director shall examine the amended plat, and if the examination discloses that the only changes on the amended plat are changes authorized above, he or she shall certify this to be a fact over his or her signature on the amended plat. Thereafter, the amended plat shall be entitled to be recorded in the office of the Mohave County Recorder in which the original map was recorded. The map shall be marked "Amended Map of (insert name of subdivision) ."   
      (2)   For any change in a recorded subdivision plat which exceeds the criteria noted above, that change shall require approval of the Town Council.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.066 REVERSION TO ACREAGE/PLAT OF ABANDONMENT.
   (A)   (1)   Streets, alleys, rights-of-way, easements, reserve strips or other public use ways or facilities may be abandoned by the Town Council pursuant to the provisions of this section.
      (2)   If none of the improvements have been made in accordance with the assurance for completion of improvements, the Town Council may on its own motion hold a public hearing after notice and conditions outlined herein, to determine whether the approval of the final plat should be revoked. The revocation shall be effective upon recordation of a certified copy of the resolutions.
   (B)   In order to initiate an abandonment proceeding for all or a portion of a recorded subdivision or a public road, an application for abandonment must be filed with the Planning and Zoning Director. If the abandonment is proposed by a private citizen, a preliminary title report shall be submitted by the property owner(s) for the property proposed to be abandoned or reverted to acreage. The application fee shall be paid by the applicant at the time of filing.
   (C)   (1)   Upon receipt of the application, the Planning and Zoning Director shall conduct an investigation and shall distribute the request to reviewing agencies for comment including but not limited to the Town Public Works Department, Town Engineer, County Assessor, local fire district, emergency service agencies and municipalities within 3 miles of the subdivision, County Treasurer and/or other agencies as deemed appropriate by the Director. Reviewing agencies shall have 25 working days, from the date the abandonment application was received by the Planning and Zoning Department, to complete their comments pertaining to the proposed abandonment. No reply by an agency within the time limit specified shall be deemed as having received no objections from that agency to approval of the abandonment. Upon receipt of the reviewing agency comment(s), if any, the Director shall prepare a report for presentation to the Town Council at a duly noticed public hearing.
      (2)   The application may necessitate consideration for re-zoning if the Council deems it necessary or desirable.
   (D)   Within 60 days of receipt of an abandonment application, the Council shall conduct a duly noticed public hearing. Upon completion of the hearing, the Council shall approve, approve in modified form, or deny the application as well as indicate whether or not zoning changes should accompany any action for abandonment. Any action to recommend approval of abandonment shall be based upon the following findings:
      (1)   That the abandonment is in the interests of the general welfare of the town and is in correlation with the General Plan;
      (2)   That the abandonment would not prohibit or unduly inhibit access by the public-at-large, nearby property owners and public utilities with proposed development in adjacent areas; and
      (3)   That the abandonment would not eliminate public access ways which may be presently in use or desirable for future use.
   (E)   Upon Town Council approval of an abandonment application, the applicant shall prepare the proper abandonment documents and plat, including any required deeds of conveyance, and submit them, along with the recording fee, to the Planning and Zoning Director for review, approval and recording. The abandonment shall be effective when recorded by the town along with the abandonment resolution of the Town Council in compliance with Arizona Revised Statutes.
   (F)   Whenever an abandonment action is approved for publicly owned rights-of-way, the rights-of-way shall vest in the abutting property to the center line of the right-of-way. Zoning for abandoned rights-of-way shall be the same as the properties to which they are conveyed. Rights-of-way or easements for existing sewer, gas, water, irrigation or similar pipelines and appurtenances, and for canals, laterals or ditches and appurtenances, and for electric, telephone, cable television and similar cables and lines and appurtenances, shall continue as they existed prior to the abandonment. The applicant shall provide easement plats and descriptions as required for any utility facility remaining in place and for recording the easement documents with the Mohave County Recorder.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
ASSURANCE FOR COMPLETION OF IMPROVEMENTS
§ 153.080 DISCLOSURE OF FINANCIAL ASSURANCES.
   (A)   No final subdivision plat will be recorded by the Town of Colorado City unless an approved method of assurance is submitted with the final plat and approved by the Town Council. Utility service assurances shall be provided by letter from water, sewer and other utility providers to guarantee installation of their respective improvements.
   (B)   The subdivider shall furnish with the final plat a detailed line item cost estimate for construction of the required on and off site improvements, signed and sealed by a professional engineer. The amount of the assurance shall be based on the engineer's cost estimate for all required and remaining site improvements, including a ten percent contingency fund to provide for any increased costs that may arise during construction and an additional amount for reasonable costs for project administration and inspections, as approved by the Town Engineer, unless a third party trust agreement will be used as financial assurance.
   (C)   (1)   If the subdivider chooses to construct the required improvements prior to the recording of the final plat, he or she shall first obtain the necessary permits from the town before construction begins.
      (2)   A certificate by the engineer of record on the as-built plans stating that the construction has been completed in substantial conformance to the specifications and standards contained within the approved construction plans, must be reviewed and found acceptable by the Town Engineer, prior to authorizing recordation of the final plat.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
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