(A) General requirements.
(1) Every subdivision shall conform to the goals and objectives of the General Plan, provisions of this Code, ordinances adopted by the Town Council, and laws of the state that specifically identify subdivisions and the development of land.
(2) Where the tract to be subdivided contains any part of the site of a proposed park, school, flood control facility or other public area as shown on the General Plan, or as required by the Town Council, such site shall be dedicated to the public or reserved for acquisition by the public within a specified period of time. An agreement shall be reached between the subdivider and the appropriate public agency regarding time, method, and cost of such acquisition.
(3) Property which is within a delineated floodway or flood plain, or known to have major drainage issues shall not be subdivided until the drainage issues have been adequately addressed. Thereafter, improvement plans shall be approved by the appropriate local, state and federal agencies and construction financial assurances shall be posted prior to commencement of construction.
(4) Whenever new lots, tracts or parcels are created that have a slope of 15% or greater over at least one-half of the new lot, tract, or parcel, development shall meet the requirements of division (H) of this section. A slope analysis map shall be submitted with or prior to the preliminary plat showing all areas with a slope greater than 15%.
(5) Minimum lot width, depth and area standards may be modified if a Development Master Plan is submitted and approved by the Planning Commission concurrently with a Preliminary Plat application. The number of housing units proposed in a Development Master Plan shall not exceed the gross density allowed by the zoning district in which the subdivision is located.
(B) Street location and arrangement.
(1) Whenever a property to be subdivided is adjacent to or embraces any part of an existing street or any future street designated in an adopted town transportation or circulation plan, such street shall be platted and constructed with the subdivision in conformance with the classification and standards designated for that street.
(2) Street layout shall provide for the continuation of streets to promote connectivity throughout the town.
(3) New streets in a proposed subdivision shall be extended to the property boundary to provide future connection with adjoining unsubdivided properties. Street connections shall be designed to accommodate the amount of increased traffic flow generated by the proposed subdivision. An engineered traffic study to determine the effect of the increased traffic may be required by the Public Works Department.
(4) No residential lot access is allowed from arterial or minor arterial roadways.
(5) Streets shall be arranged in relation to existing topography to produce desirable lots of maximum utility, streets of reasonable gradient, and to facilitate adequate drainage. Local streets shall be arranged to discourage their use by through traffic.
(6) Alleys are discouraged. However, alleys may be provided in the platting process if needed to provide adequate vehicular or utility access to the proposed properties. If alleys are used, special attention shall be given to utility placement and access, drainage, and crime prevention.
(7) Half streets are discouraged. However, half streets may be allowed to provide right-of-way required by the circulation element of the General Plan or recommended in the Payson Area Traffic Study, to complete an existing street pattern, or to assure reasonable development of adjoining parcels.
(a) When a development is required to construct a new roadway along a boundary, the developer shall work with the adjacent property owner to provide full street improvements. If an agreement cannot be reached to construct the full street, the town may approve a half street. However, the development may need to dedicate additional right-of-way to accommodate the minimum half street.
(b) The minimum paved street width of a half street is 20.5 feet (back of curb to edge of pavement).
(c) Where a new development abuts an existing half street, the remaining half street shall be constructed with the new development.
(8) Where a new single family residential subdivision abuts an existing non-single family use, either by use or zoning classification, the subdivision shall construct screening between the new subdivision and the non-single family uses.
(C) Street design. All public and private streets in the town, unless otherwise specified in this Code, shall be designed to the standards set forth herein. Table C.1.1 summarizes the street design requirements.
(1) The following minimum required right-of-way widths shall be followed unless a reduction is specifically approved by the Public Works Department and the Town Council. A reduced right-of-way may be granted only if special accommodations have been made for utilities, access, parking, grading and drainage.
(a) Major arterial streets and highways - as required by current town and Arizona Department of Transportation standards.
(b) Minor arterial street right-of-way - 80 feet.
(c) Collector street right-of-way - 60 feet.
(d) Local street right-of-way - 50 feet.
(e) Cul-de-sac streets shall terminate in a circular right-of-way 50 feet in radius with an improved traffic turning circle 45 feet in radius. An equally convenient turnaround acceptable to the Fire Department may be approved by the Public Works Department where justified by the field conditions.
(2) Dead end streets will not be approved except in locations where they will provide access to adjacent property for future development. Any dead end street providing access to more than four lots or more than 150 feet long, measured from the intersecting street right-of-way to the end of the road, shall provide a temporary turnaround meeting the requirements of division (C)(1)(e) of this section.
(3) Alleys, if used, shall be a minimum width of 20 feet. All half width alleys shall have a minimum width of 12 feet. Alley intersections and sharp changes in alignment shall have a minimum 15' by 15' triangular cutoff on each quadrant. Alleys shall be tangential if the centerline radius is less than 800 feet. Dead end alleys are prohibited.
(4) Grades. Longitudinal slopes (grade) of streets shall be in accordance with Table C.1.1 and the accompanying notes. Exceptions to street grade requirements may be approved by the Public Works Director in extreme conditions.
(5) Vertical curves. Vertical curves shall be in accordance with Table C.1.1 and the accompanying notes.
(6) Horizontal alignment.
(b) When tangent center lines deflect from each other more than five degrees and less than 90 degrees, they shall be connected by a curve per Table C.1.1.
(c) Streets intersecting with minor arterial routes shall do so at an angle which shall not vary from 90 degrees by more than six degrees; intersections of local streets shall not vary from 90 degrees by more than ten degrees.
(d) Street jogs with centerline offsets of less than 125 feet shall be avoided unless otherwise approved by the Public Works Department.
(e) Minor streets intersecting a collector street or arterial route shall have a tangent section of centerline at least 150 feet in length measured from the right-of-way line of the major street; except that, no such tangent is required when the minor street curve has a centerline radius greater than 400 feet with the center located on the major street right-of-way line. Where topographic conditions make necessary other treatment to secure the best overall design, these standards may be modified by the Public Works Department.
(f) Street intersections with more than four legs and Y-type intersections where legs meet at acute angles shall be avoided.
(g) At street intersections, property line corners shall be rounded by circular arc, said arc having a minimum radius length of 15 feet on arterial and collector streets and a minimum radius of 12 feet on local streets.
TYPE OF STREET | PRINCIPAL ARTERIAL | MINOR ARTERIAL | COLLECTOR | ZONING | CUL DE SAC | |||||
CRITERIA | R2, R3 | R1–6, R1-8 | R1–10, R1-12 | R1–18, R1-90 | R1–175 | BUBBLE | COMMERCIAL | |||
TYPE OF STREET | PRINCIPAL ARTERIAL | MINOR ARTERIAL | COLLECTOR | ZONING | CUL DE SAC | |||||
CRITERIA | R2, R3 | R1–6, R1-8 | R1–10, R1-12 | R1–18, R1-90 | R1–175 | BUBBLE | COMMERCIAL | |||
MINIMUM RIGHT-OF- WAY | PER ADOT | 80' | 60' | 50' | 50' | 50' | 50' | 50' | 50' R | 60' |
MINIMUM ROADWAY WIDTH | PER ADOT | 45' B/C–B/C (11) | 36' B/C–B/C | 33' B/C–B/C | 33' B/C–B/C | 28' B/C–B/C | 24' B/C–B/C | 22' EP–EP | 40' RBC | 33' B/C–B/C |
PAVEMENT EDGE TREATMENT | PER ADOT | 6" VERT. C&G | 6" VERT. C&G | 4" ROLL C&G (2) | 4" ROLL C&G (2) | 4" ROLL C&G (2) | 2' RIBBON CURB | MARI- COPA EDGE | SAME AS STREET | 6"VERT C&G |
SIDEWALK | PER ADOT | 5' MIN EACH SIDE (3) | 5' MIN EACH SIDE (3) | 5' MIN EACH SIDE (3) | 5' MIN EACH SIDE (3) | 4' MIN EACH SIDE (3) | NONE (4) | NONE (4) | SAME AS STREET | 5' MIN EACH SIDE (3) |
ASPHALTIC CONCRETE | PER ADOT | 4" (5) | 3" (5) | 2" (5) | 2" (5) | 2" (5) | 2" (5) | 2" (5) | 2" (5) | 3" (5) |
ROADWAY BASE | PER ADOT | 8" (6) | 8" (6) | 6" (6) | 6" (6) | 6" (6) | 6" (6) | 6" (6) | 6' (6) | 6" (6) |
LONGITUDINAL SLOPE (MIN-MAX) | PER ADOT | 0.2%–6.0% | 0.2%–8.0% | 0.2%– 12.0% (7) | 0.2%– 12.0% (7) | 0.2%– 12.0% (7) | 0.2%– 12.0% (7) | 0.2%– 12.0% (7) | 8.0% | 0.2%–12.0% (7) |
CROSS SLOPE (MIN- MAX) | PER ADOT | 2%–4% | 2%–4% | 2%–4% | 2%–4% | 2%–4% | 2%–4% | 2%–4% | 8% | 2%–4% |
CURB RETURN RADIUS (RBC) | PER ADOT | 30' | 30' | 25' | 25' | 25' | 25' | 25' | 45' | 30' |
RIGHT-OF-WAY RADIUS | PER ADOT | 15' | 15' | 12' | 12' | 12' | 12' | 12' | 50' | 15' |
MINIMUM CENTER LINE RADIUS | PER ADOT | 500' | 500' | 100' | 100' | 100' | 100' | 100' | N/A | 150' |
TANGENT BETWEEN REVERSE CURVES | PER ADOT | 100' (8) | 100' (8) | 100' (9) | 100' (9) | 100' (9) | 100' (9) | 100' (9) | N/A | 100' (9) |
VERTICAL CURVE ALGEBRAIC DIFF. | PER ADOT | 0.4% | 0.4% | 2.0% | 2.0% | 2.0% | 2.0% | 2.0% | N/A | 2.0% |
VERTICAL CURVE MINIMUM LENGTH | PER ADOT | 200' | 150' | 100' | 100' | 100' | 100' | 100' | N/A | 150' |
ON STREET PARKING | NO | NO | NO | YES | YES | ONE SIDE | NO | NO | SAME AS STREET | NO |
TABLE C.1.1 NOTES
1. All principal arterial routes are state highways owned and maintained by the Arizona Department of Transportation.
2. Vertical curb and gutter may be required if storm drainage flows cannot be contained within the roll curb and gutter.
3. Sidewalk may be required on only one side of the road with and increased width (6' minimum) if approved by the Public Works Department and Community Development Department (See Note 4).
4. A minimum 4 foot wide shoulder is required if no sidewalk is installed. This shoulder shall maintain the same grade as sidewalk would be and shall be constructed of ABC, granite or other approved material.
5. Asphaltic concrete thickness shall be as recommended in the geotechnical report for each project or the specified minimum, whichever is greater. If Portland Cement concrete is used, the minimum thickness shall be as recommended in the projects geotechnical report. A double chip seal may also be used only on roads included in the "Dirt Road Elimination Program".
6. Roadway Base thickness to be as recommended in the geotechnical report for each project or the specified minimum, whichever is greater. No ABC is required if a full depth asphalt or Portland Cement concrete alternative section as recommended in the geotechnical report is used.
7. A maximum longitudinal slope of up to 18% may be used for a distance not to exceed 300 feet between the vertical points of intersection if existing terrain dictates and approved by the Public Works Department.
8. The tangent between reverse curves may be reduced to 50 feet if the centerline radius on each end of the tangent exceeds 750 feet.
9. The tangent between reverse curves may be reduced to 50 feet if the centerline radius on each end of the tangent exceeds 250 feet and may be eliminated if the centerline radius on each end of the tangent exceeds 750 feet if approved by the Public Works Department.
10. These standards are designed for new roadway construction. These standards may be adjusted on projects involving rehabilitation of existing improvements if approved by the Public Works Department.
(D) Block design.
(1) Maximum length of blocks, measured along the centerline of the street, and between intersecting street centerlines, shall be 1,500 feet. The maximum length may be increased to 2,000 feet in areas where the average lot size is one-half acre or larger.
(2) The length of cul-de-sac streets shall not exceed 600 feet measured from the intersection of the street center lines to the center of the cul-de-sac bubble or turnaround, measured along the street centerline. This length may be extended where topography, adjacent platting or other unusual conditions justify such. No exception shall be made merely because the tract has restrictive boundary dimensions. Where a street is intended to serve adjacent properties in the future, this length may be exceeded and a temporary turn around installed per division (C)(1)(e) of this section.
(3) The maximum number of lots that may be served by a single point of access shall be in accordance with the International Fire Code adopted by the town, including but not limited to, Appendix D, Section D107 of such Code. A gated emergency access may be considered as an additional point of access, if approved pursuant to the International Fire Code and by the Community Development Department and the Public Works Department.
(4) Pedestrian ways with a minimum right-of-way of ten feet may be required where necessary for pedestrian or equestrian access to schools, playgrounds, shopping centers, transportation, trails, the National Forest, etc. Pedestrian ways may be used as public utility corridors.
(E) Lot planning.
(1) General information.
(a) Lot width, depth, and area shall comply with the minimum zoning requirements for the zoning district in which it is located.
(b) In areas of steep topography, unusual soil conditions, drainage issues, abrupt changes in land use or where heavy traffic on adjacent streets prevail, special lot width, depth, and area requirements which exceed the minimum requirements of the particular zoning district may be required.
(2) Proposed streets shall be arranged in close relation to existing topography.
(3) The depth-to-width ratio of the usable area of the lot shall not be greater than three to one.
(4) Side lot lines shall be substantially at right angles or radial to street lines, except where other treatment is justified and approved by the town.
(5) Lot access shall be on a public or private street and in accordance with § 154-02-003(A)(4).
(6) Single family residential lots extending through the block and having frontage on two parallel streets are discouraged. If allowed, through lots shall have a one foot non-vehicular access easement and a physical barrier across the rear of the lot.
(F) Easement planning.
(1) A minimum eight foot wide public utility easement shall be provided along all street frontages for use by all utilities.
(2) Drainage flows exiting any parcel, tract, or lot shall enter a natural drainage conveyance, drainage easement, or public right-of-way. Drainage easements are required wherever drainage flows leave the public right-of-way. Drainage easements shall be of sufficient width to allow adequate maintenance as approved by the Public Works Department.
(3) Land within a public street or drainage easement or land within a utility easement for major power transmission (tower) lines or pipe lines shall not be considered a part of the minimum required lot area except where lots exceed one-half acre in area. This shall not be construed as applicable to land involved in utility easements for distribution or service purposes.
(4) Additional easements may be required wherever slopes, utilities, or drainage facilities are not included within the road rights-of-way.
(G) Street naming. The subdivider shall propose the street names subject to the approval by the Police, Fire, Public Works and Community Development Departments at the preliminary plat stage.
(H) Hillside properties.
(1) Applicability.
(a) These regulations shall apply to all properties with a slope of 15% or greater on 50% or more of the total lot area. (Note: Properties or parcels established prior to August 8, 1999 are not required to conform to this section, unless that parcel or property has since been reconfigured by a lot line adjustment, minor land division, subdivision plat or similar process.)
(b) A property is exempt from the requirements of this section if all of the following items are complied with:
1. The lot line adjustment map, minor land division map or subdivision plat depict an allowable restricted building envelope on the property that is substantially more restrictive than the standard building setback areas;
2. The area of slope greater than 15% within the restricted building envelope is less than 50% of the restricted building envelope; and
3. The restricted building envelope is not adjusted to increase the 15% or greater slope area of the restricted building envelope to more than 50% of the restricted building envelope.
(c) This exemption may be applied to properties previously designated as "hillside lots" if the submitted building plans and site grading plans show that the disturbed area fits within a restricted building envelope meeting the above criteria.
(2) Development policies. The following general development policies shall be used for developing all properties on which the hillside regulations apply:
(a) All vegetation, including plants, trees and grasses shall be preserved to the best extent possible to reduce scarring, storm water runoff, and preservation of the natural environment.
(b) Buildings and other structures shall be designed with terracing-like features which follow the original contours of the site thereby discouraging high protruding structures which will dominate hillside areas and negatively impact the scenic quality. Where possible, structures are to be constructed so that the roof lines are below ridge lines.
(c) Grading shall be kept to a minimum, attempting to conform to the natural contours of the land, and sharp angles at the top and ends of cut and fill slopes shall be rounded in a natural manner.
(d) Replacement vegetation shall be planted on all cut and fill slopes to prevent erosion and enhance the natural beauty.
(e) Natural drainage ways shall be preserved to the best extent reasonable.
(f) Geological formations, such as rock outcrops, shall be preserved whenever reasonable.
(g) Utilities and other infrastructure necessary for development will be installed in a manner and location which protects and preserves hillside areas.
(3) Determination of slope percentage and area.
(a) The location of the 15% and greater slopes shall be determined by a computer slope analysis program using software approved by the Town of Payson Town Engineer. The area of slope of 15% or greater shall be determined for each parcel, tract or lot created. If the area of 15% or greater slope exceeds 50% of the total parcel, tract or lot area, that property shall be considered a "hillside" property and shall be developed in accordance with the requirements of this section.
(b) Manmade areas of disturbance in place prior to the property potentially being designated as a "hillside" property may be ignored when calculating the area of slope over 15% if approved by the Public Works Department.
(4) Development standards and regulations for single family residential properties 8,000 square feet or larger. The development standards regulations in this section are for 8,000 square foot and larger single family residential properties. Development standards and regulations for smaller single family, multi-family, and commercial properties are in division (H)(7) of this section.
(a) Clearing and grubbing. No clearing, grubbing or brushing is allowed on "hillside" properties without a grading permit.
(b) Grading.
1. Grading is any excavation or embankment or combination thereof.
2. The amount of area allowed to be disturbed on a "hillside" property, excluding the disturbed area under a roof, open deck or porch, and the driveway surface area, shall be no more than 10% of the total lot area.
3. An engineered grading and drainage plan shall be prepared and sealed by an Arizona registered professional duly licensed to prepare such plans by the Arizona State Board of Technical Registration for each "hillside" property in accordance with these requirements and the requirements of the Town of Payson Grading and Drainage Manual. This plan shall be approved by the Town of Payson Town Engineer prior to the issuance of a building permit and prior to any type of brushing or grading proceeding on the property.
4. The engineered grading and drainage plan shall include at a minimum the following information:
a. Existing topography including contour lines, trees 6" in diameter at 4.5' above the ground, major geologic features, adjacent roadway and improvements, existing utilities, etc. Also include the location of any existing disturbance on a "hillside" property in conjunction with the construction of roadways, drainage facilities, utilities, etc. for an overall development.
b. Proposed elevations of all constructed items and grading such as finished floor (FF), all finish grades, driveways, walkways, retaining walls, etc.
c. Location of all proposed structures, decks, underground utility service lines, retaining walls, walkways, driveways, curbs, hand railings, fences, slopes, and similar related items.
d. A calculation showing the amount of allowable graded area of the lot, the amount of disturbed area excluded from the grading calculations, and the disturbed area outside the excluded area.
e. A line on the grading plan shall depict the maximum limits of disturbance of the property. A temporary fence, 3' high minimum, shall be constructed on the property coincident with the maximum limits of disturbance line shown on the grading plan prior to any clearing, grubbing or grading of the property.
f. Proposed landscaping of all disturbed areas in accordance with this section. The landscaping may be shown on a separate plan sheet for clarity.
g. Appropriate and adequate details to ensure that construction will be completed in accordance with the intent of the original plan.
5. The fence identified in division (H)(4)(b)4.e. above shall be installed by the contractor and approved by the Town of Payson Public Works Department immediately prior to the issuance of a grading permit. This fence shall remain in place until after the final inspection of the grading by the Public Works Department.
6. Generally, retaining walls shall not be higher than six feet. However, retaining walls may be up to eight feet high if located in the rear of the structure and hidden from view from the roadway and adjacent lots. If terraced retaining walls are used, additional retaining walls shall be set back from the first wall a minimum of four feet horizontally. Terraced retaining walls over four feet in height shall be set back an additional one foot horizontal for every one foot vertical. Retaining walls shall be constructed of concrete, masonry, stacked rock, mechanically stabilized earth (MSE), or other methods as shown on the approved grading plan. The retaining wall design and coloring shall be part of the approved grading plan. Exposed retaining walls shall be colored to blend in with the natural environment and/or screened with indigenous vegetation prior to issuance of a certificate of occupancy.
(c) Utilities.
1. All utility service lines shall be installed underground.
2. The underground utility service lines shall be installed in a location that will not disturb additional area outside the allowable disturbed area as shown on the approved grading plan. It is recommended that these utility lines be installed parallel to and adjacent to the driveway to reduce the amount of disturbed area.
3. Any area disturbed by the installation of utility service lines shall be within the maximum disturbed area fence required in division (4)(b)5. above and shall be included in the disturbed area per division (4)(b)4.a. above.
(d) Driveways and walkways.
1. Driveways shall be located in such a manner as to minimize the amount of disturbed area. The area of the driving surface is exempt from the allowable disturbed area calculations. However, all grading for slopes, retaining walls, etc. adjacent to the driveway driving surface is counted as disturbed area.
2. Shared driveways between adjacent properties are encouraged. If the shared driveway concept is used, each affected lot may receive credit for the additional undisturbed area created by using the shared driveway concept. The credit shall be the difference between the estimated area that would have been constructed as driveway surface if the individual driveway option were used and the actual driveway surface of the shared driveway on the property.
3. A safety curb shall be installed along the edge of all fill slopes along driveways any time a retaining wall is constructed adjacent to the driveway and the vertical drop is 18" or greater. No curb is required if a minimum three foot wide safety shoulder is provided.
4. Walkways and sidewalks shall be constructed so as to minimize the amount of disturbed area. All grading, slopes, walkway surface, etc. shall be counted as part of the disturbed area, except the surface area of the sidewalk connecting the driveway and front door is exempt from the disturbed area. A handrail in accordance with applicable building codes shall be installed along sidewalks and walkways any time a retaining wall is constructed within two feet of a sidewalk and the vertical drop is 30 inches or greater.
(e) Cut and fill slopes.
1. The maximum vertical height of any cut or fill slope shall not exceed 12 feet.
2. The slope of new cut surfaces shall not exceed 2 feet horizontal to 1 foot vertical unless deemed stable by an Arizona registered professional competent in the geotechnical area.
3. The slope of new fill surfaces shall not exceed 3' horizontal to 1' vertical unless protected from erosion by appropriate rip-rap. The slope of rip-rapped protected surfaces shall not exceed 2' horizontal to 1' vertical.
4. All cut and fill slopes and all areas backfilled against retaining walls shall be re-vegetated in accordance with division (4)(b)4.f. of this section.
(f) Re-vegetation of graded areas.
1. All plants used for re-vegetation of the disturbed area shall be listed on the Town of Payson Low Water Plant Use List.
2. Whenever possible, existing trees with 6" or greater trunk diameter at 4.5' above the ground that must be removed for the site construction are encouraged to be salvaged and replanted in areas requiring re-vegetation.
3. Plants used shall be appropriate to aid in erosion control on the disturbed areas.
4. Re-vegetation landscaping shall consist of at least one tree (15 gallon minimum size with a minimum trunk diameter of 2" at the soil level) and four shrubs (five gallon minimum size) per each 500 square feet of disturbed area.
5. An appropriate drip irrigation system shall be installed with the landscaping and the property owner shall be responsible to keep the landscaping in living condition.
6. All landscaping and irrigation must be in place prior to final inspection and approval.
7. A landscaping plan meeting the above criteria must be submitted with the hillside grading plan.
(5) Hardship conditions and violation remedies. In extreme conditions it may be impractical to meet the above requirements. At the sole discretion of the Town of Payson Town Engineer, if it is impractical to stay within the 10% disturbed area limits, any one or combination of the following options may be used to approve the grading plan:
(a) Disturbed areas caused in conjunction with the construction of roadways, drainage facilities, utilities, etc. for the overall development may be declared exempt from the amount of allowable disturbed area of the parcel.
(b) Additional area in excess of the allowable 10% disturbed area may be allowed if the additional disturbed area is landscaped to the following requirements: Two trees (15 gallon minimum with a minimum trunk diameter of 2") and eight shrubs (five gallon minimum size) per each 500 square feet of disturbed area.
(c) Allow credit for construction of driveways, walk ways or similar type construction that disturbs substantially less area than would normally be expected.
(d) Allow credit for other acceptable solutions as approved by the Town of Payson Town Engineer.
(6) Final approval. Upon completion of all construction the contractor and/or owner shall request a final inspection from the Town of Payson Public Works Department. If all grading is in conformance with the approved grading plan, the Public Works Department shall approve of the certificate of occupancy. If during the final inspection of the grading and drainage it is determined that the field construction is not in accordance with the approved plan, the Public Works Department may exercise any or all of the following options:
(a) Require remedial action to bring the field grading and drainage into compliance with the approved plan;
(b) Require an "as-built" plan, including updated disturbed area calculations, to determine if the field conditions are in compliance with all the requirements of this section. If it is determined from the "as-built" plan that the construction on a particular property is not in compliance with these requirements, the registered professional shall prepare a revised design to bring the property into compliance. Upon approval by the town of the revised plan, all construction must be completed on the property prior to issuance of a certificate of occupancy.
(c) Issue a citation for violating the provisions of this section. The Public Works Department may not approve a certificate of occupancy, temporary or permanent, for any property in violation of these requirements.
(7) Single family lots less than 8,000 square feet, multi-family and commercial developments. The following general development policies shall be used for developing all small single family lots, multi-family and commercial properties:
(a) Single family lots less than 8,000 square feet.
1. Graded area may exceed the amount of allowable graded lot area as defined in division (H)(4)(b)2. if both of the following criteria are met:
a. The lot is located in a development that has identified undisturbed public open space that is designated a "natural area open space".
b. The total square footage of the graded lot area that exceeds the maximum allowed in division (H)(4)(b)2. for all lots in the development does not exceed the total area of the property described in division (H)(7)(a)1.a.
2. If the single family lot less than 8,000 square feet does not meet the criteria of division (7)(a)1. and 2., it shall be graded in accordance with Section 4 of the Hillside Grading Code.
(b) Condominium, apartment, and commercial developments.
1. All areas outside the building envelope(s) and parking areas, vegetation, including plants, trees and grasses shall be preserved to the best extent possible to reduce scarring, storm water runoff, and preservation of the natural environment.
2. Where feasible, structures shall be designed with terracing-like features which follow the original contours of the site thereby discouraging high protruding structures which will dominate hillside areas and negatively impact the scenic quality.
3. Grading, outside the building envelope(s) and parking areas shall be kept to a minimum.
4. Replacement vegetation shall be planted on all cut and fill slopes to prevent erosion and enhance the natural beauty.
5. Geological formations and natural drainage ways shall be preserved to the best extent reasonable.
6. Utilities and other infrastructure necessary for development shall be installed underground in a manner and location which protects and preserves hillside areas.
(8) Hillside grading violations. Property owners and/or contractors cited for violation of these grading requirements and who do not remedy the situation within 15 calendar days shall be subject to penalties as stated in § 10.99(A) of Town of Payson Code.
(I) Landscaping.
(1) All common public areas and areas disturbed by construction shall be landscaped as required in §§ 154-03-001 through 154-03-005, and as otherwise required in this Code, at the subdivider's expense.
(2) Street trees shall be supplied by the subdivider, a minimum of one per lot or one tree per 75 linear feet of street frontage, whichever is less, of native species, configuration within the public right-of-way, or within the front yard where the right-of-way is prohibitive, and a minimum of two feet from the side lot line. Existing undisturbed native trees may be used to fulfill this requirement. New tree sizes shall be a minimum 15 gallon and a minimum one inch trunk caliper.
(3) All landscaping and street trees shall be supplied and installed according to the approved landscape plan. The landscape plan shall be submitted in conjunction with the development improvement plans. The landscape plan shall be approved by the Community Development Department and Water Department prior to approval of the site improvement plans by the Public Works Department.
(4) Improvements within all zoning districts shall be in conformance with the landscaping and buffering requirements of this Code. The town may require a tree conservation and salvage plan as part of the landscape plan to insure minimum impact on native tree and plant species.
(J) Performance contract.
(1) Agreement by subdivider. Upon approval of the final plat, the subdivider shall execute an agreement relating to the following:
(a) Subdivision improvements may be constructed in phases if the construction phasing is included with the approved improvement plans. Construction phasing must provide satisfactory drainage, utilities, traffic movements and other services, as determined by the Public Works Department.
(b) The improvements shall be constructed in accordance with plans approved by the appropriate town departments. Sanitary sewer improvements shall be approved by the Northern Gila County Sanitary District.
(c) The improvements, including those within public rights-of-way, shall be completed within the time specified in the "agreement to construct subdivision improvements" for each construction phase, provided that an extension of time may be granted if approved by the Town Council. Failure to complete a construction phase within the specified time shall be considered non performance by the developer.
(d) The subdivider shall give adequate financial assurance of construction for each construction phase in accordance with divisions (J)(1) and (J)(2) of this section.
(e) The subdivider shall agree that no lot, parcel, tract, or unit will be sold until adequate financial construction assurances for the construction phase in which that lot, parcel, tract, or unit is part of have been posted with the town, except as provided in division (J)(1)(i) of this section.
(f) Progress payments may be made to the subdivider or his contractor upon approval of the invoice by the subdivider and the town from any cash deposit or other form of financial assurances posted pursuant to division (J)(2) of this section. Such progress payment shall be made in accordance with standards established by the Public Works Department. If partial payments are made, the payee shall provide a partial lien release to the town for each partial payment and a final lien release prior to the Town Council accepting the improvements.
(g) Any work abandoned or not completed by the subdivider may be completed by the town, which shall recover such construction and administrative costs from the subdivider.
(h) Construction of all improvements within the streets and easements shall be subject to inspection by the Public Works Department and such other departments as are necessary.
(i) No building or residence shall be occupied as a residence or issued a certificate of occupancy until all public right-of-way and utility improvements required by this Code have been completed and accepted by the Town Council.
(j) Upon transfer of ownership of an unimproved part or parcel of the platted subdivision to another party, the new owner shall be responsible for fulfillment of all obligations of development of the property in compliance with this Code and all existing agreements and conditions imposed on the original subdivider and developer.
(k) No construction, grading, tree removal, utility construction or drainage improvements shall commence until the appropriate permits are obtained from the town, and adequate construction financial assurances are provided.
(2) Assurance of construction. To insure construction of the required improvements, as above set forth in this section, the subdivider shall provide financial assurances in one of the following forms: (1) deposit funds with a mutually agreed upon escrow agent, banking institute, or other acceptable agency; (2) post a surety bond in favor of the town; (3) provide a loan commitment from a financial institution; or (4) other form of surety acceptable to the town. The amount of the financial assurance, regardless of which type used, shall be equal to the amount of the cost of the work of each construction phase, plus an additional 10% for changes and an additional 3% (excluding any sanitary sewer costs) for permit and inspection fees. The amount will be based on a signed construction contract, if available, or a sealed engineer's estimate approved by the town.
(a) If the funds are placed in an escrow account, there shall be an agreement between the escrow agent and the subdivider requiring town approval prior to disbursement of any funds from the account. A copy of the agreement shall be attached as an exhibit to the financial assurance agreement between the town and the subdivider.
(b) If a surety bond is used, it shall be executed by the subdivider, as principal, with a corporation duly authorized to transact surety business in the State of Arizona, as surety. The bond shall be in favor of the town, shall be continuous in form and shall be conditioned that the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond, irrespective of the number of years that the bond is enforced. A copy of the surety bond shall be attached as an exhibit to the financial assurance agreement between the town and the subdivider.
(c) If a loan commitment from a financial institution is used as the construction financial assurances, the subdivider shall, prior to the recording of the final plat, deliver to the town an appropriate agreement between an approved lending institution and the subdivider, stating that funds sufficient to cover the cost of the proposed construction, in an amount approved by the Public Works Department, have been committed to be loaned by such lending institution to the subdivider. Such agreement shall provide that such funds in the stated amount are specifically allocated and will be used by or on the behalf of the subdivider, only for the purpose of installing the subdivision improvements. The town shall be the beneficiary of such an agreement, or the subdivider's rights shall be assigned to the town, and the Public Works Department shall approve each disbursement of any such funds. The agreement may also contain terms, conditions, and provisions normally included by such lending institutions in loan commitments for construction funds, or as may be necessary to comply with statutes and regulations applicable to such loaning institutions.
(3) The financial surety shall be released by the town upon satisfactory performance and acceptance of the improvements by the town. The financial surety may be canceled or the cash withdrawn by the subdivider, provided that other security satisfactory to the town has been put in place, which will cover the obligations of the subdivider, which remain to be performed.
(K) Individual lot development.
(1) Building permits will not be issued for individual lot development until all subdivision improvements have been inspected and approved by the Public Works Manager or his designee and accepted by the Town Council except as follows:
(a) Office facilities for marketing and construction management for the subdivision construction may be permitted if the following conditions are met:
1. The final subdivision plat has been recorded;
2. Appropriate building permits have been issued for the construction;
3. The permittee is the developer of record; and,
4. Adequate fire protection and access has been approved by the Fire Department.
(b) Up to five model homes may be permitted if the following conditions are met:
1. The final subdivision plat has been recorded;
2. Appropriate building permits have been issued for the construction;
3. The permittee is the property owner, property developer of record, and the building contractor; and
4. Adequate fire protection and access has been approved by the Fire Department.
(2) No certificate of occupancy may be issued for the above model home exception until the final improvements have been inspected and approved by the Public Works Manager or his designee and accepted by the Town Council.
(Ord. 466, passed 2-22-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12; Am. Res. 2818, passed 12-18-14; Am. Ord. passed 12-18-14; Am. Res. 2918, passed 6-2-16; Am. Ord. 883, passed 6-2-16)