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(A) General. By authority of the Colorado City Town Council adopted pursuant to powers and jurisdictions vested through A.R.S. § 9-463.01 pertaining to subdivision of lands within incorporated areas, and other applicable laws, statutes, orders and regulations of the State of Arizona, and the Town of Colorado City, the Town Council does hereby exercise the power and authority to review and approve or disapprove, based upon recommendation of the Town of Colorado City Planning and Zoning Commission and its Director, plats for division of land within the town. The Town Council may, in the exercise of its police power or for purposes previously identified, amend, add to, delete or change this Land Division Ordinance.
(B) Applicability. These regulations shall apply to all subdivisions of land, as detailed herein, located within the Town of Colorado City. No land shall be subdivided until the subdivider or his or her agent complies with these regulations and obtains the necessary approvals detailed herein. In addition, no land shall be considered officially divided until the approved survey/plat is filed with and recorded by the Mohave County Recorder's Office.
(C) Water adequacy. The subdivider must demonstrate an adequate water supply to the satisfaction of the Town of Colorado City as required by state statute under A.R.S. § 9-463.01.
(D) Building construction. No building permit shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations. The town may declare a moratorium on construction and require compliance with these regulations and take whatever steps necessary to ensure compliance.
(E) Public conflict. The regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by the provision of any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(F) Private conflict. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than the easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern.
(G) Severability. If any part or provisions of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, that judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall have been rendered, and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances.
(H) Conditions. Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State of Arizona to its political subdivisions. The subdivider has the duty of compliance with reasonable conditions laid down by the Town Council for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the municipality and to protect the safety and general welfare of the future lot owners of the subdivision and the community at large.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)