A. Preliminary Review.
1. Since agreement on the tentative plat is deemed a step of primary importance in these proceedings, the subdivider may request that the initial proposal for the subdivision be reviewed with the subdivision and development review committee (SDRC) prior to preparation of the required tentative plat while the plans for the proposed subdivision are still flexible. The purpose of this stage is to make available general advice on the purpose and effect of this chapter, the master plan, zoning, and other city and county planning, engineering, drainage, sewerage, water system and similar standards, requirements and plans.
B. Tentative Plat Submittal.
1. The subdivider shall prepare a tentative plat of the proposed subdivision and other exhibits in accordance with the requirements of Section 18.69.050(A) and the development services department's latest edition of the Procedures and Requirements for Subdivision Plats and Development Plans (subdivision checklist). The subdivider shall submit for distribution and review such items to the subdivision coordinator together with the appropriate fees.
C. Subdivision and Development Review Committee (SDRC) Review of Tentative Plat.
1. The subdivision coordinator shall transmit copies of the tentative plat submittal to the members of the SDRC and other agencies, such as the county health department, utilities, school or fire districts, or other political jurisdictions, whose review and comment is deemed appropriate by the SDRC.
2. The SDRC and other review agencies shall review the plat for matters within their jurisdiction and shall report their findings, in writing, to the subdivision coordinator who shall forward them to the subdivider. At the option of the subdivider, a meeting may be scheduled with the SDRC to discuss the review.
3. If a tentative plat conforms to the requirements of this chapter, and all other applicable state requirements and local ordinances and regulations, the subdivision coordinator shall send the subdivider notification of tentative plat conformity.
4. If the SDRC finds that the tentative plat does not conform to the requirements of this chapter, or any other applicable state requirements or local ordinances or regulations, the subdivision coordinator shall send the subdivider notification requesting revisions to the tentative plat. Except as provided in the Manual, if the subdivider disagrees with a decision by the SDRC as to the interpretation or applicability of any requirement, or there exists unnecessary hardship in conforming to any provision of this chapter, the subdivider may appeal the decision or request a modification of the regulations as provided in Section 18.69.060(E).
D. Reserved.
E. Appeals to and Modifications by the Planning and Zoning Commission. Except as provided in this section and the manual, the planning and zoning commission hereafter referred to as commission, shall hear and decide appeals from a decision of the SDRC and requests for modifications only after the department director responsible for the issue being appealed or the requested modification has issued a final decision on the matter.
1. Appeals to the Commission. Any written order, requirement, decision, grant or refusal of the SDRC made in the course of administrating or interpreting this chapter, or the development standards and specifications adopted pursuant to this chapter may be appealed to the commission as provided in Section 18.69.060(C)(4) except those interpretations and modifications described in Section 18.69.060(F) that are delegated to the county engineer or the chief building official.
a. Appeals must be filed within thirty days after the decision of the SDRC.
b. Appeals must clearly state the specific decision that is being appealed and the reason the appellant believes the decision is in error.
2. Modifications to the Commission. Except as provided in Section 18.69.060(F), the commission shall hear and decide all requests for modifications from the requirements of this chapter or the development standards and specifications adopted pursuant to this chapter.
a. The commission shall consider the following guidelines when approving or denying a modification request:
1) That because of unusual topographic conditions or other exceptional circumstances applicable to the property, such as the topography, size, shape, locations, or surroundings, the literal enforcement of the requirements of this chapter will result in an unnecessary hardship;
2) That the exceptional circumstances are not self-imposed;
3) That the modification is the minimum required to afford relief;
4) That the condition or situation for which the modification is sought is not of so typical or recurrent nature as to make reasonably practicable the formulation of a general regulation for such condition or modification.
b. In granting a modification, the commission may attach such conditions as to ensure that the modification does not constitute a grant of special privilege inconsistent with the limitations on similar subdivisions in the area, and as may be deemed advisable in the interest and furtherance of the purpose of this chapter.
c. Exceptions. The commission may not grant a modification from a requirement imposed by state or federal statute or regulation.
3. Application and Hearing. The following application and hearing procedures apply to an appeal of a decision of the SDRC or a modification request, or combination thereof, except as provided in section 18.69.060(F).
a. The application shall be in writing and shall be filed with the secretary of the commission.
1) An appeal shall state why the decision of the SDRC is in error and shall contain a concise explanation of all matters in dispute, and any pertinent maps, drawings, data or other information in support of the appeal.
2) A modification request shall state the specific code section from which the modification is requested and shall include pertinent maps, drawings, data, or other information why the modification should be granted.
3) Applications determined incomplete by the planning official or his designated representative, shall not be accepted and scheduled for hearing before the commission.
b. Hearing on the application shall be scheduled before the commission no more than thirty days from the date of the filing of the application.
F. Interpretations and Modifications by the County Engineer or the Chief Building Official. The county engineer shall decide interpretations or modifications of the manual's elements within the present or future street right-of-way, whether public or private, including areas outside the right-of-way that have a direct safety, capacity, or maintenance impact on the right-of-way. The chief building official shall decide interpretations or modifications of the manual's elements associated with development areas outside street right-of-way. In rendering interpretations and considering requests for modifications, the county engineer and chief building official may seek the assistance and recommendation of a subdivision and development street standards committee which shall be composed of six members, at least three of which shall be Pima County Department of Transportation employees and at least four of which shall be registered civil engineers. The criteria and the procedures for granting interpretations and approving requests for modifications shall be as provided Chapter 6 of the manual.
G. Time Limits. Approval of the tentative plat shall be effective for one year. A one-year time extension may be granted by the development services director if the applicant can show there were unforeseen circumstances beyond the applicant's control that warrant the granting of the time extension. Any new submittal shall meet current county standards.
H. Initiation of Grading and Improvements. Upon approval of the tentative plat, the subdivider may proceed with grading or street and utility improvements in accordance with such approval of the tentative plat and approved plans for the grading or improvements. A type 2 grading plan shall be submitted and reviewed in accordance with Section 18.81.060 prior to the issuance of grading permits.
I. Maintenance.
1. The subdivider, including contractors and any and all agents, shall be responsible for the keeping and maintenance in a clean and sanitary manner, of all the described platted area.
2. Said maintenance shall include, but not be limited to, the removal from the premises of all debris, rubbish, weeds and dust-producing materials.
J. Final Plat Submittal.
1. Before the transfer of title of any lots in a subdivision, the subdivider shall prepare a final plat for recording as provided in Section 18.69.050(B) and the county's subdivision checklist. The subdivider shall submit the plat with required documents and appropriate fees to the subdivision coordinator.
K. Final Plat Review and Approval. The procedure for approval of the final plat shall be the same as for approval of the tentative plat, provided that if the planning and development services director finds that the final plat conforms to the tentative plat as approved in accord with this chapter, the director shall so certify and transmit the final plat to the board of supervisors for final approval and recordation.
L. Assurances. As required by Section 18.69.070.
M. Final Plat Recordation.
1. Recordation. Upon board of supervisors' approval, the subdivision coordinator shall record the approved final plat in the office of the Pima County recorder.
2. Transmittal. The clerk shall cause prints on cloth thereof to be transmitted to, at the expense of the subdivider and to be advanced by said subdivider or agent, the following:
a. The county recorder;
b. The county assessor;
c. The department of transportation and flood control district;
d. The planning and development services director;
e. The city engineer, where the subdivision is within three miles of the corporate limits of the city of Tucson.
(Ord. 2016-18, § 3 (part), 2016; Ord. 2005-35 § 3 (part), 2005; Ord. 1997-68 § 1, 1997; Ord. 1986-187 § 1 (part), 1986; Ord. 1985-82 (part), 1985)