Section 151.19.004 Subdivisions
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 Stage
   1.   The pre-application meeting provides an opportunity for the City 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 checklists, which the City will provide to the applicant at the pre-submittal meeting.
B.   Preliminary Plat Stage. The applicant shall submit the following materials in support of a preliminary plat application for a new subdivision to the Department of Community Development.
   1.   Information Required for Preliminary Plat Submission
      a.   Form and Scale. Preliminary plat information shall be presented on one or more plan sheets of 24 inch X 36 inch proportions with written data entered directly thereon or contained in letters attached thereto. All mapped data for the same plat shall be drawn at the same standard engineering scale of 100 feet to the inch. A larger scale may be utilized with written permission of the Director of Community Development in situations which warrant its use as a result of a need to show detail which cannot be easily shown at a scale of 100 feet to the inch.
      b.   Identification Data
         (1)   Notation of plat as a preliminary plat.
         (2)   Proposed subdivision name, location by section, township and range, referenced by dimension and bearing to a section corner or a 1/4-section corner.
         (3)   Name, address and telephone number of owner.
         (4)   Name, address and telephone number of person preparing plat.
         (5)   Name, address and telephone number of agent.
         (6)   Scale, north point, and date of preparation including any revision dates.
         (7)   A location map, not necessarily to scale, shall be drawn on the preliminary plat. It shall show the street and tract lines and names and numbers of all existing subdivisions, and the outlines of acreage parcels of land adjacent to the proposed tract.
      c.   Existing Conditions Data
         (1)   Topography by the contours related to a U.S.G.S. Survey datum and shown on the same sheet as the subdivision layout. Contour interval shall be at least two feet for grades up to five percent, at least five feet for grades five to ten percent, and at least ten feet for grades over ten percent.
         (2)   Precise location of water wells, washes, and drainage ditches including direction of flow.
         (3)   Location, widths, and names of all dedicated streets, alleys, utility rights-of-way of public record, easements of record, public areas, and permanent structures to be retained within or adjacent to the tract.
         (4)   Name, book and page numbers of recorded plats abutting the tract or across a boundary street.
         (5)   Legal description by metes and bounds, boundary dimensions and acreage of tract.
         (6)   The approximate boundaries of all areas subject to the 100-year flood-prone area and the location, width and direction of flow of all water courses.
         (7)   The names of subdivisions which adjoin the proposed subdivision.
      d.   Proposed Conditions Data
         (1)   Street layout including location and width of all streets, alleys, crosswalks, easements and the proposed names of streets. Street layouts to include length and curve information.
         (2)   Lot layout, including scale dimension of typical lots; width and depth of all corner lots and lots on street curves; each lot numbered consecutively; total number of lots; key lots/corner lots will be identified by lot number in side legend.
         (3)   Location, width, and proposed use of easements.
         (4)   Location, extent, and proposed use of all land to be dedicated or reserved for public use.
         (5)   Size of each lot, in square feet or acres.
         (6)   Location and boundary of all existing and proposed zoning districts.
      e.   Proposed Phasing. A development phasing map and proposed timing schedule delineating the configuration, size in acres, and general sequence of development and dedication if the proposed subdivision is not intended to be continuously built-out in a single phase of construction.
      f.   Proposed Utilities. All lots shall be provided public water supply and sanitary sewage.
      g.   Water Adequacy. A copy of the application submitted to the Arizona Department of Water Resources (ADWR) for water adequacy determination.
      h.   Soil Engineering Report. A soil engineering report which shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of site to be developed by the proposed grading. The soil engineering report will include suggestions concerning erosion control of the project site during construction as well as upon completion. The City Engineer shall review the report for accuracy and make recommendations to the Director of Community Development as to the acceptability of the report.
      i.   Site Hydrology Report. A site hydrology report in accordance with the criteria specified under Section 151.08.008 of this Code.
      j.   Traffic Impact Analysis. A Traffic Impact Analysis (TIA) shall be prepared in accordance with Arizona Department of Transportation Traffic Engineering Guidelines and Processes unless an exemption is granted by the City based on a determination of de minimum impact.
   2.   Condominium Subdivisions. A preliminary plat submittal for a condominium subdivision shall include the following additional information as required by A.R.S. § 33-1219:
      a.   The name of the condominium;
      b.   The boundaries of the condominium and a legal description of the real estate of the condominium;
      c.   The extent of any encroachments on any portion of the condominium;
      d.   To the extent feasible, the location and dimensions of all easements serving or burdening any portion of the condominium;
      e.   The location and dimensions of the vertical boundaries of each unit, and each unit's identifying number;
      f.   Any horizontal unit boundaries, with reference to an established datum, and each unit's identifying number;
      g.   Any units with respect to which the declarant has reserved the right to create additional units or common elements, identified appropriately;
      h.   The location and dimensions of all real estate in which the unit owner will only own an estate for years, labeled as a "leasehold condominium";
      i.   The distance between noncontiguous parcels of real estate comprising the condominium;
      j.   The location and dimensions of limited common elements, including porches, balconies, patios and entryways;
      k.   Any other matters the declarant deems appropriate.
('76 Code, Art. 12-1) (Ord. 743, passed 4-10-86; Am. Ord. 834, passed 3-9-89; Am. Ord. 854, passed 1-25-90; Am. Ord. 875, passed 1-10-91; Am. Ord. 896, passed 1-23-92; Am. Ord. 954, passed 6-9-94; Am. Ord. 966, passed 2-23-95; Am. Ord. 1043, passed 9-11-97; Am. Ord. 2003-008, passed 4-24-03)
   3.   Preliminary Plat Approval
      a.   The Department of Community Development shall receive, review, and process the preliminary plat in order to determine its submittal compliance with the provisions of this Code.
      b.   In addition to the requirements of the preceding subsections, the applicant shall provide the Director of Community Development and City Engineer with any additional information, documents, or other material relevant to the application as required by City codes and regulations that are necessary for the Director of Community Development, Planning and Zoning Commission, and City Council to evaluate, analyze, or understand the subject matter of the application.
      c.   The Department of Community Development shall distribute the preliminary plat to all the following reviewers or their designees:
         (1)   City Engineer
         (2)   Fire Marshal
         (3)   Superintendent of the appropriate school district (residential subdivisions only)
         (4)   Local postmaster
         (5)   Utility Companies
         (6)   Public agencies that have abutting jurisdictional boundaries; and
         (7)   Others as deemed necessary.
      d.   The Department of Community Development shall notify all property owners within 300 feet of the exterior boundaries of the proposed plat for review and comment.
      e.   The preliminary plat shall be reviewed to ensure compliance with all pertinent code and legal requirements, including, but not limited to, codes regulating streets, sidewalks, zoning, floodplain, drainage, grading, fire, water, and utility company regulations.
      f.   If the City finds that the preliminary plat requires revisions then the following procedure shall be followed:
         (1)   Comments will be returned to the subdivider or subdivider's agent identifying the necessary revisions for compliance;
         (2)   The subdivider shall resubmit the revised plat with response comments explaining any revisions made to the plat;
         (3)   The subdivider will continue to resubmit the plat and response comments until all review comments have been satisfactory addressed.
   4.   Committee Action. The Development Review Committee shall hear all requests for preliminary plats following compliance with all staff review comments. The Committee may consider the requirements of this Code and other City ordinances, pertinent State regulations, and comments from other public agencies. The Committee shall recommend approval if the plat is in compliance with all applicable requirements. The Director of Community Development or designee shall coordinate and summarize the Committee's recommendation for presentation to Council.
   5.   Commission Action
      a.   Following a review and recommendation by the Committee, the Commission shall consider the plat at a regular or special meeting.
      b.   The Commission shall review the plat and recommend approval to the City Council if the plat complies with all applicable code requirements. The Director of Community Development or designee shall coordinate and summarize the Commission's recommendation for presentation to Council.
   6.   Council Action
      a.   After the Commission has made its recommendations, the Department of Community Development shall transmit the plat, with the Commission and staff recommendations, to the Council for its review and action. The Council can either approve or deny the plat.
      b.   Denial. If the Council denies the plat, the minutes shall state the reasons for the denial. The preliminary plat application may be re-filed at any time if revisions can resolve the reasons for the denial as originally proposed. The new filing of a preliminary plat application for the same plat, or any portion thereof, shall be treated as a new project and will follow the procedures and requirements specified in the Section.
   7.   Findings of Fact
      a.   Both the Commission and the Council are required to provide a Findings of Fact when recommending approval of the plat. The following Findings of Fact shall be included in the Resolution approving the plat:
         (1)   That the design or improvement of the proposed subdivision is consistent with the applicable general and specific plans;
         (2)   That the site is physically suitable for the type of development;
         (3)   That the site is physically suitable for the proposed density of development;
         (4)   That the design of the subdivision or the type of improvements are not likely to cause serious public health problems;
   8.   Significance of Approval
      a.   Approval of a preliminary plat by Council constitutes authorization for the subdivider to proceed with the preparation of the final plat and improvement plans.
      b.   Preliminary plat approval is subject to the following conditions:
         (1)   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.
         (2)   A preliminary plat expires two years from the date of council approval unless:
            i.   A final plat has been submitted for all or a portion of the property included in the preliminary plat in which case the preliminary plat approval shall be automatically extended for a period of two years, or
            ii.   An extension of time is granted by the City Council for good cause. The review of the extension request shall include an evaluation of any change in conditions within or adjoining the preliminary plat and the effect of new or current regulations on the project. Requests for a time extension shall be submitted a minimum of thirty days prior to the expiration date in writing to the Director of Community Development; or
            iii.   An injunction or a court order requiring that the subdivision plat process cease. The platting process can commence, once the court order has been lifted, at the point in the review process where the plat had originally ceased.
         (3)   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.
         (4)   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.
('76 Code, Art. 12-1) (Ord. 743, passed 4-10-86; Am. Ord. 875, passed 1-10-91; Am. Ord. 947, passed 3-10-94; Am. Ord. 954, passed 6-9-94; Am. Ord. 1043, passed 9-11-97; Am. Ord. 2003-008, passed 4-24-03; Am. Ord. 2004-014, passed 12-9-04)
C.   Final Plat Stage. The applicant shall submit a final plat application and supplemental documents as stated on the final plat application.
   1.   Information Required for Final Plat
      a.   Preparation of Final Plat. The final plat shall conform closely to the approved preliminary plat and be prepared in accordance with the provisions of this Code.
      b.   Medium of Presentation
         (1)   The final plat shall be, on a sheet or sheets of 24-inch X 36-inch proportions. All stamped or written matter, including signatures, shall be made with permanent opaque ink so that legible prints may be obtained therefrom. When the final plat consists of two or more sheets, one key map showing the relationship of the tract portions on the sheets shall be placed on the first sheet, and each sheet shall clearly indicate the sheet number and total number of sheets.
         (2)   The plat shall be drawn to an accurate scale of 100 feet to 1 inch. A larger scale may be used with the written permission of the Director of Community Development in situations which warrant its use as a result of a need to show detail which cannot be easily shown at a scale of 100 feet to 1 inch.
      c.   Identification Data
         (1)   Name of subdivision and location by Section, Township, Range, and County.
         (2)   Name, address, and registration number or seal of the registered land surveyor preparing the plat.
         (3)   Scale, north point, and date of plat preparation.
         (4)   Legend identifying the symbols utilized in the plat preparation; corner lots abutting a key lot will be identified in a legend by lot number with the following notation: "Building setback exceeds standard side yard setback (see zoning requirements)."
         (5)   Precise legal description by metes and bounds of tract boundaries.
      d.   Survey Data
         (1)   Boundaries of the tract fully balanced and closed, showing true point of beginning and all bearings and distances determined by an accurate survey in the fields; all dimensions expressed in feet and decimals thereof.
         (2)   Any exceptions within the plat boundaries located by bearings and distances measured in feet and decimals thereof determined by an accurate survey.
         (3)   Location and description of cardinal points to which all dimensions, angles, bearings, and similar data on the plat are referenced; two corners of the subdivision traverse shall be tied by course and distance to separate section corners or quarter section corners. The directional datum for all bearings shall be indicated by actual survey.
         (4)   Location and description of all physical encroachments upon the boundaries of the tract.
      e.   Descriptive Data
         (1)   Name, right-of-way lines, courses, lengths, widths of all public streets, alleys, crosswalks, and utility easements; radii, points of tangency, and central angles of all curvilinear streets and alleys; radii of all rounded street line intersections.
         (2)   All drainageways designated as such and dedicated to the public. All utility and public service easements including any limitations of easements
         (3)   The sidelines of all existing and proposed easements shall be shown by fine dashed lines. If any easement already on record cannot be definitely located, a statement of the existence, the nature thereof, and its recorded reference must appear on the title sheet. Distance and bearings on the sidelines of lots which are cut by an easements shall be arrowed or shown so that the map will dictate clearly the actual length of the lot lines. The widths of all easements and sufficient ties thereto be located definitely the same, with respect to the subdivision, must be shown. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference must be given. If an easement is being dedicated on the map, it shall be set out in the owner's certificate for dedication.
         (4)   Location, dimension, and area (square feet or acres) of all lots. All lots numbered consecutively throughout the plat; exceptions and tracts shall be dimensioned and identified by letter or number. In areas subject to flooding, minimum finished first floor elevations shall be shown as may be recommended by the appropriate authority;
         (5)   Floodplain limits and the following text when applicable:
            "Lots _______ have been identified as being partially or wholly within a flood hazard area per F.I.R.M. Map ___________, revision date __________. Because flood hazard boundaries may be revised periodically, the most recent flood hazard map for this area should be reviewed to determine the exact limits and severity of potential flooding on these lots. Flood hazard maps and requirements for construction within flood hazard areas can be obtained from the City of Sierra Vista".
         (6)   Tract boundary of the subdivision shall be clearly delineated. Location, dimension, bearings, radii, arcs, and central angles of all sites to be dedicated to the public and the use specified.
         (7)   Location of all adjoining subdivisions with date, book, and page number of recordation noted or, if unrecorded, so marked.
         (8)   For subdivisions as defined under A.R.S. § 32-2101, provide a note stating: The Arizona Department of Water Resources issued a determination of adequate water supply on (date).
      f.   Non-Vehicular Access Easement.
         (1)   Per the Maricopa County Roadway Design Manual, as amended by the City of Sierra Vista, direct access from a residential property to a street classified as an arterial or major collector is prohibited. A 1-foot non-vehicular access easement and 6-foot masonry wall are required for portions of a lot that abut an arterial or major collector roadway.
      g.   Connectivity.
         (1)   All residential subdivisions shall incorporate pedestrian connections designed to connect the proposed subdivision with adjoining existing, or future, residential subdivisions, multi- use paths and/or existing future parks. Such connections are not required to exceed 50 feet beyond the property lines of the development.
         (2)   Connection points shall be as determined during the preliminary platting stage of the development and shall be clearly identified on the final plat.
         (3)   Where residential subdivisions are located adjacent to a multi-use path, connection to said path shall occur, on average, every 1,000 feet or as determined by the City.
         (4)   Pedestrian routes shall be paved and, where located in drainage outlet areas, a minimum of 4 feet in width shall be dedicated to a flat side-to-side surface separate from the drainage portion.
         (5)   At least one of the proposed pedestrian connections shall meet Americans with Disabilities Act (ADA) requirements for slope and surfacing. Exceptions shall be as determined by the City.
      h.   Final Plat Certificates. The following certificates and acknowledgments shall appear on the final plat. Such certificates shall be lettered or printed legibly with permanent opaque ink and shall be signed and dated as prescribed hereafter.
         (1)   A certificate signed and acknowledged by all persons holding title by deed to the lands or if lands dedicated or held in trust, the trustee shall sign the certificate, or if land is to be dedicated or mortgaged, the mortgagee shall also sign their certificate. Said certificate to indicate that it is the owner's intention to subdivide and plat the land shown and described hereon and that the public right-of-way shown hereon is hereby dedicated to the public for public use forever and that the easements shown hereon are not dedicated to the public, but the right to use said easements for the purposes indicated is perpetually reserved for the public and no permanent building or structure shall be constructed upon said easements.
         (2)   A certificate executed by a land surveyor registered to practice in the State of Arizona under whose direction the survey, subdivision, and plat of the land described on the said plat was made; stating that the plat is a correct representation of all the exterior boundaries of land surveyed and the subdivision of it; stating that he has prepared the description of the land shown on the plat and that he certifies to its correctness; stating that the bearings shown on the plat are expressed in relation to the true meridian or previously established meridian or bearing and that all existing monuments shown on the plat are actually located in the ground and their location, size, and material are correctly shown. The certificate shall include the registration number, seal, and signature of the registered land surveyor.
         (3)   A certificate executed by a land surveyor registered to practice in the State of Arizona that all monuments are set in accordance with the provisions of this Code. The certificate shall include the registration number, seal, date, and signature of the registered land surveyor.
         (4)   A certificate to be signed by the City Clerk that the Council approved the final plat and showing the date of approval.
         (5)   A certificate to be executed by the Cochise County Recorder showing the date, time of day, fee number, book, and page number of recordation.
      i.   Water Adequacy
         (1)   Pursuant to A.R.S. § 9-463.01.J and Cochise County Resolution 08-20 the Mayor and City Council shall not approve a final plat for a subdivision, as defined under A.R.S. § 32-2101 unless one of the following applies:
            i.   The Director of Water Resources has determined that there is an adequate water supply for the subdivision and the subdivider has included the report with the plat.
            ii.   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 adequate water supply by the Director of Water Resources.
   2.    Review and Approval
      a.   The Department of Community Development shall receive, review, and process the final plat and improvement plans in order to determine its submittal compliance with the provisions of this Code.
      b.   The Department of Community Development shall distribute the final plat and improvement plans to the Public Works Department and Fire Department for review and comment.
      c.   The final plat and improvement plans shall be reviewed to ensure compliance with all pertinent code and legal requirements, including, but not limited to, codes regulating streets, sidewalks, zoning, floodplain, drainage, grading, fire, water, and utility company regulations.
      d.   If the City finds that the final plat and improvement plans require revisions, then the following procedure shall be followed:
         (1)   Comments will be returned to the subdivider or subdivider's agent identifying the necessary revisions for compliance;
         (2)   The subdivider shall resubmit the revised plat and improvement plans with response comments explaining any revisions made to the plat;
         (3)   The subdivider will continue to resubmit the plat, improvement plans, and response comments until all review comments have been satisfactory addressed.
         (4)   Public Works shall stamp the improvement plans approved following compliance of all local, state, and federal provisions.
      e.   After all comments have been satisfactorily addressed, the subdivider shall submit the final plat on clear polyester film (mylar) with all certificates in Section 151.19.004(C)(1)(f) duly executed.
   3.   Committee Action. The Committee shall review the final plat for conformance with the approved preliminary plat. The Committee shall make their recommendation of conformance to City Council. The Director of Community Development or designee shall coordinate and summarize the Committee's recommendation for presentation to Council.
   4.   Council Action and Recordation
      a.   Upon approval of the public works improvement plans and receipt of the improvement security provided in accordance with the provisions of Section 151.19.005, the Director of Community Development shall notify the City Clerk to include the final plat on the next regular Council agenda whereupon the Council shall approve or reject the plat.
      b.   If the Council approves the plat, the City Clerk shall execute the appropriate certificate of approval upon the plat, first making sure that the other certificates required in Section 151.19.004(C)(1)(f) of this Code have been duly executed.
      c.   After approval of the final plat by the Council, the Department of Community Development shall record the plat in the Office of the Cochise County Recorder and pay the recordation fee. One copy of the recorded plat shall be retained by the Department of Community Development.
      d.   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.
      e.   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 as originally proposed. The new filing of a final plat application for the same plat, or any portion thereof, shall be treated as a new project and will follow the procedures and requirements specified in this Section.
('76 Code, Art. 12-1) (Ord. 743, passed 4-10-86; Am. Ord. 834, passed 3-9-89; Am. Ord. 875, passed 1-10-91; Am. Ord. 947, passed 3-10-94; Am. Ord. 1043, passed 9-11-97; Am. Ord. 2003-005, passed 2-13-03; Am. Ord. 2003-008, passed 4-24-03; Am. Ord. 2008-018, passed 11-13-08; Am. Ord. 2018-002, passed 2-8-18; Am. Res. 2020-010, passed 2-13-20; Am. Ord. 2020-003, passed 4-9-20; Am. Ord. 2024-002, passed 2-8-24)