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§ 153.084 PARTIAL RELEASE OF LOTS.
   The Town Engineer, upon receipt of a certification from the engineer of record, may recommend to the Council to release lots from a third party trust in accordance with the document.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.085 DEFAULT.
   (A)   In the event that the subdivider defaults or fails or neglects to satisfactorily install the required improvements within the time agreed upon for performance, the Town Council may declare the bond, or other assurance forfeited, and the town may make or cause the required improvements to be made, using the trust funds or proceeds of the collection of the bond or other assurance to defray the expense thereof.
   (B)   In addition, the Planning and Zoning Director shall notify the State Real Estate Commissioner of the default.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.086 INSPECTION AND RELEASE.
   (A)   The subdivider, using the services of an Arizona registered professional engineer and plans as approved by the Town Engineer, shall be responsible for the quality of all materials, workmanship and compliance with the approved plans, specifications, details, and standards. The Town Engineer shall be notified 48 hours prior to any construction on the project site and shall be notified of completion of all underground utilities prior to any street preparation work. Upon review of the site, receipt of passing test results and certification of satisfactory completion by the engineer of record, the Town Engineer may authorize the subdivider to proceed with the installation of street improvements.
   (B)   The Town Engineer will perform periodic inspections throughout the course of construction, including the subgrade base prior to the placement of overlaying materials. These inspections or interim approvals do not signify that the town has accepted any of the improvements for maintenance. The subdivider's engineer shall submit monthly progress reports to the Town Engineer throughout the progress of the construction and shall include the results of all tests taken during the month.
   (C)   At the completion of the work, or not less than 30 days prior to the release date of the bond or other assurance, the engineer of record shall make an inspection of the improvements and shall submit a set of “as-built” construction plans if complete or a report on the status of improvements, along with a punch list of uncompleted items, if the improvements are only partially complete, to the Town Engineer. The Town Engineer will perform a final inspection after the installation of survey monumentation and will review the as-built plans and/or report and notify the subdivider of any noncompliance with the approved construction plans or with these regulations. As-built construction plans shall include 1 set of mylars, a digital copy, in a format determined by the Planning and Zoning Director and 2 sets of copies, along with a final engineer’s report and warranty statement to the Town Engineer. If the Town Engineer determines that compliance has been made, he or she will then submit a report to the Town Council, setting forth the conditions of the facilities with a recommendation for acceptance of the constructed improvements.
   (D)   The warranty period begins on the day that the Town Council accepts the public improvements. A warranty period of 2 years for all utilities and 1 year for roadway pavement and structures shall apply to all subdivision improvements; however the warranty period may extend beyond that time period as determined by the Town Engineer based on the test results, the engineer’s report, the inspection records, and his or her professional opinion. During the warranty period the subdivider is responsible for repair work to any of the public improvements as may be required by the Town Engineer. The Town Engineer will periodically inspect the public improvements and will notify the subdivider of the necessary repair work. The subdivider is responsible for having the repair work completed prior to the end of the warranty period. Upon completion of the warranty period and acceptable repair of any necessary warranty items, the remainder of the financial assurances retained by the town will be released.
   (E)   The certification below shall be sealed by the engineer of record, duly registered in the State of Arizona, on the as-built plans. Plans must be approved by the Town Engineer and presented to the Town Council prior to the surety release. If all conditions are found to be satisfactory and the improvements comply with town standards, the Town Council shall release the surety. If the condition of materials and/or workmanship does not comply with town standards or the approved construction plans, the Town Engineer will present this information to the Town Council who may declare the subdivider in default. The certification statement shall read as follows:
      In my professional opinion, the construction of [the specific site improvements required for approval] has been completed in substantial conformance with the construction plans and specifications including authorized changes and addendums. My professional opinion is based, in part, upon observation of the construction work and the completion of certain tests and measurements and/or the review of the results of such tests and measurements completed by others.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014; Am. Ord. 2021-06, passed - -)
§ 153.087 SUBDIVISION STREET MAINTENANCE.
   The subdivider shall notify the town in writing that all improvements are completed. Once the improvements are approved, accepted and the surety released, the Town Council will review the streets for acceptance into the town system for maintenance according to town public works standards.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
DESIGN STANDARDS
§ 153.100 GENERAL.
   (A)   Subdivider's responsibility.
      (1)   It is the subdivider's responsibility to design, furnish, install and otherwise provide the property being subdivided with adequate public infrastructure and utilities, as required by these regulations, in accordance with other regulations of the county and state, and as disclosed by the developer to the Arizona Department of Real Estate in the public report.
      (2)   Land shall not be approved for final plat use unless and until adequate public infrastructure and utilities have been provided and have been adequately assured for by the developer, in accordance with the minimum requirements for assurance stated in these regulations.
   (B)   Access to town street system. Adequate primary, secondary and emergency access, if necessary, shall be provided from an existing dedicated public street to the land being subdivided. Approval of the access shall be a condition of the plat approval by the Commission and/or Town Council.
   (C)   Inclusion of properties. Portions of any contiguous property within the control of the subdivider shall not be excluded from within the boundaries of a subdivision when needed or required for any traffic, public utility, drainage, or flood control facility pertinent to the subdivision.
   (D)   Qualified designers. The design of those improvements of a subdivision such as structural matters, streets, drainage provisions, water supply and sewage disposal shall be made by an engineer registered in the State of Arizona and qualified to specify the standards for the design.
   (E)   Supplemental design standards.
      (1)   In addition to the standards in this chapter, the subdivider shall comply with Town Code, Chapter 156, Development Standards.
      (2)   These standards may be revised in response to changing circumstances or requirements or technological improvements justifying those changes.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014; Am. Ord. 2017-03, passed 11-13-2017)
§ 153.101 WATERCOURSES.
   (A)   Easements. In the event that the subdivision is traversed by or is contiguous to lakes, streams, washes, ditches or other bodies of water or drainage structures, the subdivider shall provide an easement or right-of-way for storm drainage substantially conforming to the line or path of any natural watercourse, channel, stream or creek, or provide an acceptable realignment of the watercourse. Easements may be required to provide for access to the watercourse at various locations along the corridor, and as may be indicated by the Town of Colorado City General Plan.
   (B)   Conformance to flood prevention regulations. Subdividers shall be required to comply with the rules and regulations of the flood damage prevention regulations, Chapter 151 of this Code. The preliminary and final plat submittals shall include information as specified by these regulations and shall depict information including but not limited to floodway and flood fringe locations and minimum finished floor elevations within the floodplain.
   (C)   Review by Town Engineer. The Town Engineer shall review all subdivision plat materials regarding flood information provided and provide professional recommendations and analysis to the Planning and Zoning Commission and/or Town Council.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.102 SURVEY MONUMENTS.
   (A)   Manner of placement. Monuments shall conform to state statutes and public works standards.
   (B)   Placement interval. Within streets, survey monuments will be required at all street and alley intersections and at the point of curvature (PC) and point of tangency (PT) of all curves and shall be set in accordance with public works standards. Survey monuments are also required at all lot corners, angle points, point of curvature (PC) and point of tangency (PT) and at such other points along lot lines as may be required by the Town Engineer.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
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