(A) Submittal requirements.
(1) Certification of accuracy. After approval of the preliminary plat, a final plat and required supporting material (see division (B) below) may be prepared and submitted to the Planning Director. The final plat shall be prepared and certified as to its accuracy by a land surveyor registered to do the work in the State of Arizona. The final plat and required supporting material shall conform to the design and engineering standards set forth in these regulations and to any conditions of approval specified by the Planning and Zoning Commission and/or City Council (see division (F) below) during approval of the preliminary plat.
(2) Staged approval. Final platting may be accomplished in stages covering reasonable portions of the area of an approved preliminary plat. When this is done, each sheet of the final plat shall contain a vicinity map showing the location of the portion being submitted in relationship to the area for which the preliminary plat was submitted. All final plats so submitted shall be of the same scale, shall have identical titles, legends and other information, and shall have match lines so that mosaics of the entire subdivision can be developed. Each stage of the subdivision shall be as nearly self-sustaining and complete as possible and shall by itself, or in conjunction with the previous stages, meet the deign standards set forth in these regulations so that if development of the entire subdivision is interrupted or discontinued after one or more stages is completed, a viable development will result.
(3) Final plat format. The final plat shall be clearly and legibly drawn in black, waterproof India ink upon mylar of .003 inch in thickness (minimum). Required affidavits, certificates and acknowledgments shall be legibly printed on the plat in opaque ink. The sheet size of all final plats shall be 24 inches high by 36 inches wide. Information on the plat should be so positioned that a one and one-half-inch margin is on the left hand side and a one-half-inch margin is shown on the remaining sides. The final plat shall be prepared at a scale of one inch equals 100 feet or larger, or at a scale of one inch equals 200 feet for subdivisions in which the minimum lot size is five acres or more. Each sheet of the final plat shall be numbered and the total number of sheets comprising the plat shall be stated on each sheet (for example: Sheet 2 of 4). The relationship of one sheet to the other shall be shown by key maps and by match lines.
(4) Final plat materials. The original mylar, two reproducible copies (sepia not acceptable), and prints of the final plat and copies of all required supporting material shall be submitted to the Planning Director.
(5) Required signatures. The submitted final plat shall contain the notarized signatures of the owner or owners of any and all equitable or legal interest in the land of whatever nature and the signature of the registered land surveyor.
(6) Final plat information. All final plats shall include the following information on the face of the plat:
(a) The name of the subdivision, centered at the top of each sheet.
(b) General location of the subdivision by section, township, range, county, and state, entered under the name of the subdivision on each sheet.
(c) North arrow, date, and scale on each sheet.
(d) Boundary lines of the subdivision in a heavy solid line on each sheet.
(e) Legal description of the subdivision boundary based on an accurate traverse, giving bearing and linear dimensions that result in a maximum allowable error of closure of one part in 10,000.
(f) The location and description of the point of beginning and its proper reference to the monumented boundary survey.
(g) Location and description of all monuments, found or set.
(h) Bearings, distances, and curve data of all perimeter boundary lines indicated outside of the boundary lines.
(i) Adjoining parcel subdivision names, parcel number and recording information, or if not subdivided and/or not recorded, so marked.
(j) On curved boundaries and on all curves within the plat, sufficient data to allow the reestablishment of the curves on the ground.
(k) The location and layout of lots, blocks, tracts, streets, alleys, easements, and other public grounds within and immediately adjoining the plat, with accurate dimensions in feet and one-hundredths of feet, bearings, curve data, length of radii, and/or arcs of all curves.
(l) All drainage ways shall be shown on the plat. Dedication of drainage way rights-of-way or easements may be required when it is deemed by the city to be in the best interest of the city.
(m) All 65, 70, 75, 80, and 85 ldn noise level contours generated by activities from Luke Air Force Base.
(n) The names of all streets.
(o) All lots logically and consecutively numbered in the center of the lot with the appropriate address for each lot or parcel of ground.
(p) All dimensions shown on irregularly shaped lots, with lot area calculations.
(q) Parcels completely or partially surrounded by the area being subdivided shall be clearly marked “Excepted,” and the common boundary with the subdivision shown in a heavy solid line with bearings and distances.
(r) A notation of the total acreage of the subdivision and the total number of lots.
(s) A notarized certificate by all parties having any titled interest in or lien upon the land, consenting to the recording of the plat and dedicating public ways, grounds, and easements. Dedication shall include a written description by section, township, and range of the tract. If the plat contains private streets, public utilities shall be reserved the right to install and maintain utilities in the street right-of-way.
(t) In cases involving vacation of public or private streets or public ways, easements or grounds, a notarized certificate of all parties having any titled interest in, or lien upon, the land or other pertinent interest, consenting to the vacation shall be provided.
(u) A notarized certificate of a registered land surveyor, registered under the laws of Arizona, stating that the plat is true, accurate, and complete and that the described monuments have been found or set as described.
(v) Certificate of approval of the City Engineer as follows:
Data on this plat reviewed and approved this day of , 20 , by the City Engineer of El Mirage, Arizona.
City Engineer
(w) Certificate of compliance with the preliminary plat as approved by the City Planning and Zoning Commission as follows:
This plat is in full compliance with the original preliminary plat approved by the City of El Mirage Planning and Zoning Commission on the day of , 20 . The final plat reviewed and approved this day of , 20.
Planning and Zoning Commission Chairperson
Planning Director
(x) Certificate of acceptance and approval by the City Council as follows:
Approved by the City Council of the City of El Mirage, Arizona, this day of , 20 .
Mayor
Attest:
City Clerk
(y) Certificate for recording by the County Recorder as follows:
This plat was filed for record in the Office of the County Recorder at o’clock .m., , 20 , and is duly recorded in Book , Page No.
County Recorder
(7) Final plat fee. The final plat shall be accompanied by the total amount of the final plat fee.
(B) Required final plat supporting material. The required final plat supporting material submittal shall consist of the final plat and all information as follows:
(1) Drainage collection and retention plan and report.
(a) A drainage plan and report for the site in question and all pertinent off-site areas shall be prepared by a registered engineer. The report shall examine 100-year storm flows (Q 100's), the 100-year high-water mark of any river, creek, arroyo, gully, diversion ditch, spillway, reservoir, etc., that may in any way affect the project area, along with the depth of flow for 100-year runoff. The watershed in all off-site areas shall be considered fully developed. Intensities shall be for this area’s one-hour, 100-year storm based upon two and one-half inches per hour. A certificate shall be provided, signed, and sealed by a registered professional engineer that all drainage facilities, utilizing gutters and streets, are designed and sized to handle 100% of the Q 100 run-off.
(b) Every effort shall be made to utilize the natural slope of the land for the storm water collection system. Subsurface drainage systems shall be discouraged, but where necessary shall be a minimum of 18 inches in diameter. Wherever possible, run-off shall be collected in depressed open areas throughout the proposed land development project. The plan shall include but not be limited to the following:
1. Method of collection (surface and/or subsurface.)
2. Depth, side slopes, and area of retention.
3. Calculations of volume held and required.
4. High water elevation.
5. Method of disposal of water within 36 hours.
6. Any other data to form a complete plan.
(c) The point or points in which natural drainage flows from a property prior to development shall remain the same after the property has been altered for the development.
(2) Soils report. A soils report for the site in question and pertinent off-site areas shall be prepared by a registered engineer. The report shall indicate the type and location of soils, using the unified soil classification system, shall contain drill logs and swell consolidation curves, and shall contain a discussion of any present or potential hazards, associated with soils on the site along with measures which could be taken to mitigate the hazards. In addition the soils report shall contain recommendations on subsurface area drains and peripheral drains, foundation design, erosion control measures and surface drainage.
(3) Grading, drainage, and development plan.
(a) A grading, drainage, and development shall be prepared by a registered engineer at a scale of one inch equals 100 feet or larger, showing proposed rights-of-way, easements, walkways, parks, common areas, roadways, waterlines and reservoirs, sewer lines, manholes and treatment facilities, curbs and gutters, culverts, drains, storm water detention and retention basins, swales, ditches and other drainage devices, spot top of curb elevations, high and low street points, drainage arrows, street plans, all drainage areas and acreages, all 100-year storm flow (Q 100's) adjacent to and/or flowing onto the development and on-site at each surface flow junction, storm water pick-up and take-off points designed to handle 100-year flow on the surface, cross sections and high water elevations for all 100-year flows. Spot elevations shall be given for all inverts, low points and flowing entry and exit points.
(b) All minimum building setbacks shall be shown. No 100-year flow line shall encroach upon any minimum setback line and all lowest habitable floor elevations shall be, at a minimum, one foot above the 100-year flood elevation.
(4) Construction plans and details. Construction plans and details must be prepared by a registered professional engineer in the State of Arizona and shall provide for all improvements indicated on the grading, drainage, and development plan, including right-of-way and easement cross-sections showing construction and placement of streets, walks, curbs, gutters, medians, lighting standards, swales, ditches, utilities, planting strips and property lines; details of hydrants, valves, manholes, pipe junctions, pumps, thrust-blocking, catch basins, etc.; street profiles showing natural and finish grades, center line and both curbs, with a minimum vertical scale of one inch equals two feet and a horizontal scale of one inch equals 20 feet; sanitary sewer line and manhole profiles with natural and finish grades, showing area underdrains, if applicable, and the location of gravity outfall lines; storm drainage system profiles showing natural and finish grade; erosion control and revegetation details and other details as necessary to adequately convey the design intent. Quantity take-offs shall also be provided.
(5) Deeds. When required by the city, a warranty deed or other acceptable instrument conveying to the city or other appropriate or other appropriate agency any public lands other than streets, alleys, or easements shown on the final plat and title insurance, if required by the city on the subject parcel, shall be presented to the city upon approval of the final plat. The method of assurance will be approved by the City Attorney.
(6) Title opinion. Evidence satisfactory to the city must be submitted showing all taxes and assessments due on the property to be subdivided to be paid in full, showing title or control of the property to be subdivided, and showing the property to be subdivided as fee and clear of any liens. An attorney’s title opinion or ownership and encumbrance report from a land title company shall be considered satisfactory evidence.
(7) Floodplain. If a subdivision lies within a 100-year floodplain, the following statement shall appear on the face of the final plat and all contracts and agreements relating to the subdivision: “THIS SUBDIVISION IS (OR THE FOLLOWING LOTS ARE) LOCATED IN THE ONE HUNDRED-YEAR FLOODPLAIN AS DEFINED BY THE UNITED STATES FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA).”
(8) Financial guarantee. A contractor’s performance bond or other financial guarantee acceptable to the city to guarantee the complete and timely development of any facilities or improvements which are the subdivider’s responsibility shall be submitted as described in § 155.080 below.
(9) Letters of utility approval. Letters of certification and/or signed copies of the proposed final plat from appropriate agencies and utility companies approving the final plat.
(10) Covenants, conditions, and restrictions. Any covenants, conditions, restrictions (CCRs) for the subdivision shall be submitted for review to assure that the CCRs do not conflict with any city regulations.
(C) Review process.
(1) Planning Director review. After receipt of the final plat, the Planning Director shall review the submittal with the Chairperson of the Planning and Zoning Commission for the completeness and for compliance with the approved preliminary plat. The Director may refer copies of the final plat to an seek comment from other officials and agencies.
(2) Staff review of supporting information. Upon submittal of all required supporting materials, the Planning Director shall review them for completeness to determine whether a complete final plat submittal has been made and shall refer the material to appropriate agencies for review and comment. Upon being notified of the comments and any necessary approvals of reviewing agencies, the Planning Director shall forward the final plat, comments and approvals of reviewing agencies and pertinent supporting materials to the Council. Incomplete final plats, or final plats for which necessary approvals have not been secured, shall not be forwarded to Council for action.
(3) City Council action. Following receipt of the final plat, the recommendation from the Planning Director and Chairperson of the Planning and Zoning Commission that the final plat complies with the preliminary plat, and required supporting materials, the City Council shall either approve the final plat or disapprove the final plat and notify the subdivider of the conditions to be met to gain approval. If disapproved final plat is modified and resubmitted to the City Council at a later date for their consideration, the Council may require the concurrent submittal of an updated ownership and encumbrance report or title opinion.
(4) Filing with County Recorder. Upon approval by the City Council of the final plat, the subdivider shall be notified to be submit payment for the recording fee to the Planning Director who shall transmit the subdivider’s recording fee and the duly approved and executed final plat to the County Recorder for the filing of the final plat among the official records of the county.
(5) Alternate approval procedure. As an alternate procedure and at the request of the subdivider, the City Council may approval a final plat and instruct the Planning Director to withhold the approved final plat from recording for a period of time to allow the subdivider to install all of the required public improvements according to the plans and specifications approved by the City Engineer. This procedure, when approved by the Council, shall be in lieu of the guarantees for installation of improvements as set forth in division (B)(8) above. An executed standard contract as approved by the City Attorney regarding installation of improvements shall be submitted with the final plat. The contract shall require that all improvements be completed no later than 12 months from the date of the final plat was approved by the City Council and that no lot may be sold. When the completed improvements are inspected and approved by the City Engineer, the plat shall be recorded by the Planning Director, and the sale of lots may then proceed according to the approved and recorded plat, provided that a one-year warranty shall be submitted covering the completed improvements.
(D) Simultaneous submittal of preliminary and final plats. For certain subdivisions, the subdivider may, afer discussion with the Planning Director, simultaneously submit both the preliminary plat and the final plat. Depending on the size and complexity of the subdivision and the amount of street dedication, any or all of the information required in the preliminary and final plat processes may be submitted. The Director shall determine which information must be submitted for adequate review of the subdivision. The preliminary and final plats may then be processed concurrently. It is possible for the preliminary and final plats to be one and the same instrument.
(E) Corrected plats and subdivisions.
(1) If, after the approval and recording of a final plat, errors are found in the language or numbers on the recorded plat, the subdivider shall file a properly signed, corrected, or revised original mylar with the Planning Director. The plat shall be noted “Corrected Plat” under the name of the subdivision. Notations shall be made on the face of the plat listing all corrections made and the book and page numbers where the original plat was recorded. The director shall review the plat for corrections, secure the signatures of the proper public officials on the corrected plat and present the plat to the City Council for the reaffirmation of their approval and the County Clerk for recording. The recoding of the corrected plat shall void the incorrect original plat, and the County Clerk shall note “Void” across the face of the incorrect plat.
(2) If, after the approval and recording of the final plat, a subdivider wishes to modify the location of lot lines on part or all of the recorded plat, and if there is no change in the location or size of dedicated streets or other dedicated public land, the subdivider shall submit a new final plat drawing with the lotting arrangement revised. The Planning Director shall determine which of the required supporting materials shall be resubmitted with the revised final plat. The plat shall be marked the “Resubdivision of ” under the name of the subdivision and shall be processed as a final plat.
(3) If, after the approval and recording of a final plat, a subdivider wishes to change the street or public land location, size, or arrangement of a part or all of the platted area, the resulting subdivision shall be treated as a new submittal with both a preliminary plat and a final plat required. Based on the currency of the information submitted with the original plat and the magnitude of the change(s), the procedure described in division (D) may be applied. the subdivision shall be identified as the “Resubdivision of ”. Any action of the City Council approving the resubdivision shall contain clear reference to the vacation of public lands as appropriate.
(F) Variances from these regulations.
(1) When it can be shown that in the case of a particular subdivision, strict compliance with the provisions of these regulations would cause undue hardship, the City Council may authorize a variance to these regulations provided that the general intent of these regulations are preserved, that public interest is protected, and that the variances do not have the effect of nullifying the intent and purpose of the General Plan or the zoning ordinance (Chapter 154 of this code). The granting of a variance shall be based upon findings by the Council that:
(a) The subdivider is proceeding in good faith.
(b) There are unusual topographical or other special circumstances associated with the property which are not the result of any action of the subdivider and which prohibit the use of the property in a manner similar to the use of adjacent or nearby properties.
(c) The variance is necessary for reasonable development of the property in question and will alleviate a clearly demonstrable hardship.
(d) The variance will not nullify the intent or purpose of these regulations.
(e) Granting the variance will not be detrimental to the general public health, safety, and welfare.
(2) An variance granted shall constitute the minimum adjustment necessary to alleviate the hardship.
(3) A request for variance may be submitted only after the Planning and Zoning Commission has formally reviewed the preliminary plat and has either:
(a) Recommended disapproval because the plat does not conform to these regulations; or
(b) Conditionally approved the plat specifying those amendments which must appear on the final plat in order for it to be approved. The subdivider may then seek relief from the specific provisions of these regulations with which he or she cannot comply.
(4) All requests for variances shall be submitted in writing to the Planning Director and the Planning and Zoning Commission for their comments and recommendations. The Planning and Zoning Commission shall make a recommendation which shall be submitted to the City Council for their approval, denial, or modification. In granting a variance, compliance with the intent of the objectives and standards of these regulations shall be maintained. The findings and action on each variance and any conditions imposed shall be recorded in the minutes of the Council and a copy thereof provided to the Planning Director.
(5) If the subdivision variance is granted by the City Council, the subdivider may incorporate the provisions of the variance into the final plat to be submitted to the Planning and Zoning Commission and to the Council for approval. In its review of the final plat, the Planning and Zoning Commission shall be bound by the decision of the Council regarding the variance and shall review and approve the final plat with the variance if the plat in all other respects conforms to the preliminary plat and any other conditions imposed by the Planning and Zoning Commission.
(G) Vacating public lands.
(1) Any plat may be vacated by the owners or proprietors thereof at any time before sale of any lots, or before any substantial improvements have been made in the subdivision, by submitting a copy of the plat to the City Council along with a written request for a vacation. In cases where lots have been sold, the written request shall be by all of the owners of lots within the plat. The Planning and Zoning Commission shall make a recommendation on the vacation to the City Council, and the Council shall approve or disapprove the vacation. The recording of an instrument vacating the plat shall operate to destroy the force and effect of the recording of the original plat and to divest all public rights in the streets, alleys, common and public grounds laid out or described in the plat.
(2) Streets and alleys platted and laid out under the provisions of these regulations or laid out under any prior law of the State of Arizona may be altered or vacated in the manner provided by law for the alteration or discontinuance of streets and highways.
(3) Any part of a plat may be vacated under the provision and subject to the conditions of division (A)(6) above and this division (G), provided the vacating does not abridge or destroy any of the rights and privileges of other proprietors in the plat and provided further that nothing contained in this section shall authorize the closing or obstruction of any public highways laid out according to law. The request for vacation shall be made by all of the owner of lots within that portion of the overall plat sought to be vacated.
(4) When any part of a plat shall be vacated as aforesaid, streets, alleys, and other public grounds shall be assigned to all lots or parcels adjacent to the public area being vacated in equal proportions.
(5) The County Clerk shall write in plain, legible letters across that part of the plat so vacated, the word “vacated” and also make a reference on it to the volume and page in which the instrument of vacation is recorded.
(6) Land covered by a vacated plat may be replatted as described by these regulations. Any replatting of an area already platted and not vacated shall be construed to be a request for the vacation of the original plat or portion thereof. Any such plat, once approved and recorded, shall act to vacate the original plat which it replaces.
(Prior Code, § 15-3-3) (Ord. O88-06-007, passed 10-13-1988)
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