17-5-3 Subdivision requirements
A.   Design and documentation requirements. The layout and design of all subdivisions and engineering plans and the content of all required documentation shall be in accordance with Arizona revised statutes, this title, any applicable rezoning or specific plan, and adopted town standards.
B.   Improvement requirements. The following improvements shall be installed to town standards in every subdivision at no expense to the town:
   1.   Streets. Streets shall be graded and paved, with all accessory drainage improvements or as adopted in the town street standards and details.
   2.   Sanitary sewers or septic systems. Off-site and on-site sewer lines or individual septic systems to serve each lot individually.
   3.   Water mains. Off-site and on-site water mains to serve each lot individually.
   4.   Curb and gutter. All streets shall be bordered by an approved curb and gutter or as adopted in the town street standards and details.
   5.   Sidewalks. Sidewalks shall be provided as required in the adopted town street standards and details.
   6.   Multi-use paths. In subdivisions with 30 or more lots and in all subdivisions connecting to existing multi-use paths, multi-use paths shall be provided for access to nearby existing or future parks, schools, playgrounds, shopping centers, public transportation, and other community facilities.
   7.   Stormwater drainage and retention facilities. Off-site and on-site drainage facilities as required in chapter 17-15.
   8.   Traffic control devices. Street name signs, street lights, signals and other traffic control devices.
   9.   Fire hydrants. Fire hydrants as required by town specifications and the fire district serving the site.
   10.   Landscaping and irrigation. Landscaping and irrigation in accordance with sections 17-11-7 and 17-11-10.
   11.   Recreational paths: Planned path segments as shown in the most recently adopted park, trail, and open-space system master plan and located within or adjacent to the subdivision shall be provided.
   12.   Recreational area.
      a.   Requirement: New residential subdivisions (including re-subdivisions) with 30 or more lots and whose average lot size is 16,000 square feet or less shall comply with the recreational area requirements of this subparagraph 17-5-3 B.12.
      b.   Area:
         i.   General: The minimum area (in square feet) of a subdivision's recreational areas shall be as follows:
            a)   Apartment or condominium: 100 square feet per unit
            b)   Town home or patio home: 140 square feet per unit
            c)   Single-family residential:
               1)   For subdivisions with an average lot size of 4,000 square feet or less: 500 square feet per unit
               2)   For subdivisions with an average lot size of 6,000 square feet or less but larger than 4,000 square: 400 square feet per unit
               3)   For subdivisions with an average lot size of 8,000 square feet or less but larger than 6,000 square feet: 300 square feet per unit
               4)   For subdivisions with an average lot size of 16,000 square feet or less but larger than 8,000 square feet: 200 square feet per unit
               5)   For subdivisions whose average lot size is larger than 16,000 square feet: None.
         ii.   Specific plan exception: If an adopted specific plan includes a subdivision recreation requirement with a different square footage per unit than set forth in subparagraph i. above, the minimum area of recreational areas for subdivisions located in the specific plan shall be calculated using the specific plan's subdivision recreation requirement.
         iii.   Golf courses excluded: Golf courses do not count toward a subdivision's minimum required recreational area.
      c.   Location:
         i.   Recreational areas shall be located and designed to maximize proximity to the largest number of homes and to maximize accessibility and visibility from the front of surrounding and nearby residences.
         ii.   Neighborhoods shall be designed around recreational areas and open spaces. Recreational areas shall not be located on remnants of land remaining upon completion of the lotting layout of the subdivision.
         iii.   At least one recreational area shall be located within a reasonable walking distance of each lot of the subdivision, approximately 2,000 feet measured not as the crow flies but along the most direct route traversable by a pedestrian over neighborhood sidewalks, paths, and trails.
         iv.   All recreational areas shall be within the boundaries of the subdivision, except as otherwise provided in a development agreement entered into pursuant to subparagraph 17-5-3 B.12.g below (in-lieu option).
      d.   Design and facilities: The design of recreational areas and the recreational facilities included in them shall conform to the most recent version of the town of Marana subdivision recreational area design manual.
      e.   Prohibited locations. Recreational areas shall avoid the following:
         i.   Land unsuitable for recreation purposes, such as peaks, ridges, land fragments, land restricted by town policy, condition or ordinance, and land determined unusable for recreational purposes by planning manager.
         ii.   Known archeological and historical sites.
      f.   Construction timing:
         i.   A subdivision's recreational areas shall be completed or assured before 50% of the building permits are issued.
         ii.   For purposes of the preceding paragraph, "assured" means that the subdivider has posted with the town engineer cash, a performance bond, or a letter of credit securing completion of the recreational areas.
         iii.   The performance bond or letter of credit shall be in a form approved by the town attorney and shall be in a face amount of at least 115% of the anticipated cost to complete the recreational areas, as reasonably determined by the town engineer.
      g.   In-lieu option: Subdivisions may satisfy the requirements of this subparagraph 17-5-3 B.12 by entering into a development agreement with and enforceable by the town which, as determined by the town council, provides for recreational area and recreational facilities equivalent to those otherwise required in the subdivision under this subparagraph 17-5-3 B.12.
   13.   Permanent survey monuments. Permanent survey monuments shall be installed in each subdivision, and their location shall be shown on the final plat. All corners of the subdivision and all lot corners in the subdivision shall be marked. The permanent survey monuments shall be indicated on the final plat and shall consist of the state plane coordinate system, Arizona central zone, north American datum of 1983-high accuracy reference network (HARN), 1993 adjustment. Modified grids and/or constant combined factors are not allowed.
   14.   Environmental hazards. The subdivision layout shall make adequate provision for natural drainage channels and floodways, which should be retained in a natural state and left undisturbed where possible. All other environmental hazards must be eliminated or adequately restricted as directed by the town.
   15.   Underground utilities. Electric power (except electrical transmission lines carrying 48 kV or more), telephone lines, cable television and fiber optics shall be located underground, except where the subdivider can show the planning commission that underground installation is not technically feasible. For purposes of this subsection, economic feasibility is not considered. All underground installations shall be constructed prior to surfacing the street. Service stubs shall be placed in a way that avoids disturbance of street improvements when service connections are made. Aboveground transformers, cabinets, etc., shall be screened.
   16.   Public safety hazards. The subdivision plat shall make adequate provision for protection of the public from adjacent irrigation canals, railroads, airport runways, mines, gravel pits, electrical substations, and pumps or other stationary equipment that are in existence at the time of approval of the preliminary plat, where they constitute a significant hazard to public safety as determined by the town engineer. Such provision may include, but shall not be limited to, adequate boundary walls or fences.
   17.   Irrigation lines and ditches. All irrigation channels and ditches within or adjacent to the subdivision, within perimeter easements or the nearest half of a street or alley right-of-way, shall be reconstructed for the purposes of enclosure in accordance with a plan and schedule approved by the town engineer, the subdivider, and the owner of the irrigation facilities.
C.   General requirements
   1.   Streets. All streets shall:
      a.   Be dedicated for public use or designated as a private street to be maintained by the applicable association; and
      b.   Conform to the subdivision street standards.
      c.   Conform to the adopted road network map in the most recently adopted general plan.
      d.   Provide for continuation of the street network onto adjacent properties, as the town may designate.
      e.   Be arranged to discourage the use of local streets by through traffic.
      f.   Be configured to minimize cuts and fills, to produce streets of reasonable gradient, and to facilitate adequate drainage.
   2.   Half streets. The dedication of half streets in any subdivision is prohibited, except in one of the following circumstances:
      a.   The road is depicted on the road network map in the most recently adopted general plan.
      b.   The town engineer determines that the adjacent property owner will likely dedicate the remaining half of the street.
   3.   Lot access to street.
      a.   Each lot of a subdivision shall abut on one of the following:
         i.   A public or private street dedicated by the subdivision plat.
         ii.   An existing dedicated street constructed to town standards.
         iii.   A street constructed to town standards that has become public by right of use.
      b.   Where a proposed subdivision abuts or contains an existing or proposed arterial or collector, the town may require limited access or reverse frontage with no-access easements or other restrictions along the arterial or collector.
   4.   Lot street frontage requirement. Each lot shall have a minimum 30 feet of street frontage, except in the following circumstances:
      a.   The underlying zoning allows a lot width of less than 30 feet (for example, in DT and BU-high).
      b.   Topographic or other natural features make a 30-foot street frontage impracticable and the town and all reviewing agencies determine that adequate access and utility service can be provided and public safety is not compromised.
   5.   Lot conformance. All lots must conform to the requirements set forth in this title and any applicable rezoning or specific plan.
   6.   Lot widths and depths. All lots shall conform to the lot standards for each zone district as set forth in chapter 17-4.
   7.   Residential corner lots. Residential corner lots shall be at least five feet wider than the minimum lot width of the zone to permit conformance with the required street side yard requirements and sight visibility triangles.
   8.   Double frontage residential lots. Residential lots with streets abutting the front and rear property lines shall be avoided except where the street abutting the rear property line is one of the following:
      a.   An arterial, and access from the lots is prohibited by use of a no-access easement or other restriction.
      b.   Separated from the buildable area of the lot by topographic features.
   9.   No-access easements. No-access easements shall be identified, showing where direct vehicular access to a street, common area or other area is prohibited.
   10.   Remnant. The subdivision shall not include property that does not conform to lot requirements or is physically unsuitable for improvement, unless it is dedicated to a homeowners' association, private utility, or other public purpose, as accepted by the town.
   11.   Solar. To the extent practicable, all subdivisions should be designed to facilitate solar access and energy efficiency.
   12.   Grade differences. Wherever practicable, all lots shall be graded in a way that avoids excessive or unnecessary grade differences between adjacent lots or between lots and adjacent streets.
   13.   School sites and other public spaces. The town may require land areas within a subdivision to be reserved for parks, recreational facilities, school sites and fire stations subject to the conditions set forth in A.R.S. § 9-463.01 (D).
   14.   Registrant. All engineering and surveying work must be done by or under the direction of a qualified professional registrant of the state of Arizona.
   15.   Developer responsibility for quality of construction. The developer shall be responsible for the quality of all materials and workmanship in the development of an approved subdivision.
   16.   As-builts. As-built plans shall be submitted and approved prior to the release of performance guarantees, showing the location, size, grade, and depth of all paving, grading, water and sewer mains, valves, manholes, and other subsurface utilities and facilities.
   17.   Monuments. All survey monuments and lot corners shall be installed prior to release of performance guarantees.
   18.   Amended plats. When material changes are made in the plat of a recorded subdivision, an amended subdivision plat shall be filed and approved in accordance with the requirements of this code. No change shall be made in an approved plat unless the change has been approved by the town. For purposes of this subparagraph "material change" shall be defined as provided in the Arizona department of real estate regulations.
D.   Non-performance. If any portion of a subdivision remains undeveloped five years after the subdivision plat was approved by the council, the council may, after a public hearing and notice to the owner of the property according to current county assessor's records, vacate all or any part of the undeveloped portion of the subdivision by recording a revised plat eliminating the vacated portion. This remedy is in addition to the council's authority to use financial assurances to complete subdivision improvements under subsection 17-5-4 A. 1 below.
Ordinance 2022.006 amended Section 17-5-3 C.6