(A) Map amendments/corrections.
(1) No changes, erasures, modifications or revisions shall be made in the final plat after approval of the plat has been given by the Council, except that any plat map of a subdivision that has been approved and/or recorded may be amended to correct a scrivener error in any course or distance or other necessary item that was omitted there from, or to correct a drafting, graphic, technical, typographical or similar type error, including lot line adjustments that do not create new lots or reduce the size of any lot below the minimum required for its district, or for minor changes related to public safety, infrastructure alterations, adjustments and conflicts or a documented change in conditions. A request for an amended map for corrections and modifications specified above may be filed with the Department.
(2) The Community Development Director shall examine such amended map, and if such examination discloses that the only changes on the amended map are the changes authorized above, he shall certify this to be a fact over his signature on the amended map. If the subdivision was previously recorded, it will thereafter be entitled to be recorded as the “AMENDED MAP OF .”
(3) The use of the terminology of amended map shall not be used to add any lot lines, streets or easements; or statements that were not contained on the approved plat, since such actions necessitate reprocessing of the plat.
(B) Revision of plat. The following requested changes to an approved final plat shall be considered a revision of plat and require an application and the same processing as that of the original final plat (§ 152.08) and subsequent approval by the Council:
(1) Any division of a lot or lots in a recorded subdivision resulting in an increase in the total number of lots in that subdivision;
(2) Any revision or replat involving dedication or abandonment of land for a public street, public easement, or other public rights-of-way;
(3) Any change in lot lines in a recorded subdivision; provided, however, that changes in lot lines, which result in only nominal increases or decreases of lot sizes, may be administratively approved as a replat;
(4) Any changes in the location of streets, easements, and other public rights-of-way; provided, however, that nominal changes may be administratively approved as a replat; or
(5) Any changes in the exterior boundary of a recorded subdivision.
(C) Replat.
(1) The request for changes that are considered nominal, as listed below, shall be considered a replat and may be administratively approved by the Community Development Director; the Community Development Director, however, may require the request to be acted upon by Council, requiring an application in accordance with the processing of a final plat (§ 152.08).
(a) The joining or merger of lots in a recorded subdivision;
(b) Any joining of lots and subsequent division of those lots in a recorded subdivision which result in no increase in the total number of lots in that subdivision;
(c) Any changes in lot lines, which result in only nominal increases or decreases of lot sizes;
(d) Any nominal changes in the location of streets, easements, and other public rights-of-way.
(D) Additional authorities.
(1) Other plats. The Council shall review the following in compliance with these regulations, and conduct hearings for approval or denial in addition to final subdivision plats:
(a) Plats filed for the purpose of reverting to acreage of land previously subdivided.
(b) Plats filed for the purpose of vacating streets or easements previously dedicated to the public.
(c) Plats filed for the purpose of vacating or re-describing lot or parcel boundaries previously recorded.
(2) Protected development right. Pursuant to A.R.S. § 9-1202, a final subdivision plat that is approved by Council and meets all state and town regulations regarding subdivisions is a protected development right plan as defined in A.R.S. § 9-1201 as the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan, without compliance with subsequent changes in zoning regulations and development standards, except as provided by A.R.S. § 9-1204.
(a) A protected development right established under a protected development right plan is valid for three years for a non-phased development or five years for a phased development.
(b) The Council may extend for a maximum of two additional years the duration of a protected development right obtained through approval of a protected development right plan, if a longer time period is warranted by all relevant circumstances, including the size, type and phasing of the development on the property, the level of investment of the landowner, economic cycles and market conditions. The decision to extend the time period for a protected development right is in the discretion of the Council. However, a protected development right shall not remain established for more than five years for a non-phased development or seven years for a phased development.
(Ord. 09-51, passed 4-21-2009)