A. Overview.
1. Except as provided otherwise elsewhere in this code, the preparation, submittal, review and approval of subdivision plats shall proceed through the following progressive steps:
a. Pre-application meeting with the town.
b. Preliminary plat submittal, review, and administrative approval.
c. The submittal of engineering plans for the required subdivision improvements (submittal and review may occur during preliminary plat review).
d. The approval of engineering plans for the required subdivision improvements (must occur prior to final plat approval).
e. Final plat submittal, review, and approval by the council.
f. Recordation of the approved final plat with the county recorder.
2. The following shall be processed in accordance with section 17-5-5:
a. Land splits.
b. Minor land divisions.
3. Subdivisions of ten or fewer lots shall proceed through the following steps:
a. Pre-application meeting with the town.
b. The submittal and approval of engineering plans for improvements as deemed necessary by the town engineer and planning manager prior to final plat approval.
c. Final plat submittal and review, and approval by the council.
d. Recordation of approved final plat with the county recorder.
B. Pre-application meeting
1. The pre-application meeting provides an opportunity for the town and the applicant to review and exchange information regarding a proposed subdivision prior to the preparation and formal submittal of a subdivision plat application.
2. All applications for subdivision plats shall be prepared and processed in accordance with procedures and requirements defined in the preliminary plat application checklist, which town staff will provide to the applicant at the pre-application meeting.
C. Preliminary plat
1. The applicant shall submit a preliminary plat application in accordance with the preliminary plat application checklist.
2. Town staff and appropriate review agencies will review the plat in accordance with the checklist and for compliance with legal and regulatory requirements.
3. Preliminary plat approval constitutes authorization for the applicant to proceed with preparation and submittal of the final plat, landscape plan, and engineering improvement plans and specifications.
4. Preliminary plat approval is subject to the following conditions:
a. Changes in conditions such as the land's physical attributes, title conditions, ownership and similar changes that make development of the affected land in accordance with the approved plat infeasible shall require the submission of a new or revised preliminary plat.
b. A preliminary plat expires two years from the date of approval unless:
i. A final plat has been submitted for all or a portion of the property included in the preliminary plat, or
ii. The town grants an extension.
c. The applicant may submit a written request for a two-year extension of a preliminary plat approval, which shall be reviewed and considered as follows:
i. The planning manager and the town engineer shall evaluate whether the preliminary plat and supporting documents remain in compliance with all applicable town standards and requirements.
d. Preliminary plat approval shall be automatically extended for a period of two years upon submission of a final plat application for any portion of the land area shown on a preliminary plat.
e. Once a final plat has been approved for a portion of the land area included within an approved preliminary plat, the approval of the preliminary plat shall be extended for the balance of the land area for a period of two years from the date of council approval of the final plat.
f. If a preliminary plat expires prior to the submittal of an application for a final plat or prior to the submittal of a request for an extension of the preliminary plat approval, the preliminary plat shall be resubmitted as a new application. If the resubmitted preliminary plat has substantially the same design and configuration as the previously approved plat and no substantive changes have occurred in the standards and requirements, the fees associated with the new application shall be 50% of the original application fees.
g. The preliminary plat shall not be recorded.
D. Final plat
1. Final plat submittal:
a. The applicant shall submit a final plat application in accordance with the final plat application checklist.
b. Town staff and appropriate review agencies will review the plat in accordance with the checklist and for compliance with legal and regulatory requirements.
c. Upon receipt of the final plat application, the planning manager shall check the plat for conformity to the approved preliminary plat, all applicable conditions of approval and compliance with the requirements for final plats as set forth in subsection 17-5-2D.2.
2. Final plat requirements:
a. Each final subdivision plat shall comply with the requirements of the zoning district within which it is located.
b. The planning manager shall submit the final plat application together with the staff recommendations to the council.
c. The final plat shall substantially conform to the approved preliminary plat, and shall be in compliance with all appropriate town standards, codes, specifications, and requirements.
d. All necessary engineering improvement plans shall be approved prior to the council meeting.
e. Any information required as part of the final plat submittal shall be shown on the plans in a manner consistent with standard engineering practice and town standards.
i. Statement and acknowledgment of the dedication of all streets, alleys, tracts, drainageways, utility easements, and other easements for public use by the persons holding title of record, by persons holding title as vendees under land contract, and by spouses of said parties, if jointly owned. If lands dedicated are mortgaged, the mortgagee shall also approve the plat (consent to dedicate by separate instrument may be necessary). Dedications shall include a written location by section, township, and range of the tract. The dedication shall include direct wording identifying the town as the new owner of any tracts or parcels being dedicated. If the plat contains private streets, provisions shall be made so that the public utilities reserve the right to install and maintain utilities above, on, and below such private streets or ways shall be reserved to the public utilities.
ii. The following certifications must be included on the final plat:
a) Certification by a registered land surveyor preparing the plat that the plat is correct and accurate, and that the monuments described in it have been located as described.
b) Certification of a registered civil engineer, if engineering information is represented on the plat.
c) Certification of plat approval by the planning manager, town engineer (or designated representative), town clerk and council.
d) Certification of plat approval by the authority responsible for providing wastewater management to the subdivision.
e) Certification of plat approval by the authority responsible for certifying an assured water supply.
iii. For subdivisions located within the town's water service area, the following note must be included on the final plat: "NOTE: This subdivision is located within the town of Marana water service area, which has been designated as having an assured water supply under A.R.S. § 45-576." For subdivisions not located within the town's water service area, consult with the town engineer and water director for the appropriate statement of assured water supply.
iv. The location of appropriate vehicular no access easements shall be included on the plat.
v. When the plat contains amended development standards or other requirements, they shall be included in the notes of the plat. This includes such items as the maximum building envelope containing minimum building setbacks and maximum lot coverage permitted, conservation easements, etc. Sufficient typical examples must be included to avoid possible misinterpretation of irregular, nonstandard lots.
vi. Items identified in the final plat review checklist.
3. Final plat approval:
a. An application for approval of a final plat shall not be filed unless there is an approved, signed, preliminary plat for the proposed subdivision as provided for in subsection 17-5-2 D of this chapter.
b. In addition to the requirements of the preceding paragraphs, the applicant shall provide to the town any additional information, documents, or other material relevant to the application that planning manager or town engineer reasonably believes is necessary in order for the council to evaluate, analyze, and understand the subject matter of the application.
c. An application for final plat approval shall not be deemed to have been filed or properly submitted until all of the above listed requirements have been complied with. The planning manager shall determine compliance.
d. Consideration of approval, amendment, or denial of the final plat by the council shall take place in a public meeting, but may be on the consent portion of the agenda.
i. Approval:
a) If the council approves the plat, the town clerk shall certify the council's approval on the plat, after determining that the other required certifications and dedications have been duly signed and acknowledged.
b) After council approval of a final plat and compliance with subsection 17-5-3 B, the subdivider shall pay to the town the fee charged by the county recorder for the recordation of the plat, and the town clerk shall then promptly record the plat with the county recorder, pursuant to A.R.S. § 9-463.01(J).
ii. Amendment: If the council finds that the plat requires revisions, the application shall be tabled until the revisions can be satisfactorily accomplished and the application rescheduled for council action.
iii. Denial: If the council denies the plat, the minutes shall state the reasons for the denial. The final plat application may be re-filed at any time if revisions can resolve the reasons for the denial.
A.R.S. § 9-463.01, paragraph I provides in relevant part: "If the subdivision is comprised of subdivided lands, as defined in section 32-2101, and is within an active management area, as defined in section 45-402, the final plat shall not be approved unless it is accompanied by a certificate of assured water supply issued by the director of water resources, or unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45-576 or is exempt from the requirement pursuant to section 45-576.”