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A. Purpose: The purpose of this section is to describe the tentative plat procedures common to all subdivision options unless otherwise specified in subsequent sections.
B. Summary Of Tentative Plat Submittals And Review Schedule:
1. Submittals (Summary Only, Review Details In Sections That Follow): Submittal of a concept plan is recommended at the pretentative plat meeting.
a. Tentative plat application:
Tentative plat fifteen (15) copies: Twenty four inches by thirty six inches (24" x 36") (folded to 8.5 by 11 inches) and one copy: eleven inches by seventeen inches (11" x 17") (subsequent reviews of revised plats require one 11 by 17 inch version and as many full size copies determined necessary).
Tentative plat fee and health department fee.
Letter of intent including justification of waivers.
Copy of application to state department of water resources for determination of water adequacy.
Traffic analysis (see 405.01).
b. Recommended at tentative plat, required at final plat:
Draft covenants, conditions and restrictions and homeowners' association bylaws, if any.
Maintenance plan for common areas, if any.
Boundary closures and line table.
Method of ensuring improvements.
2. Approximate Review Schedule: Informal pretentative plat meeting scheduled within approximately one week of an applicant's request.
a. The initial review by the subdivision committee takes approximately six (6) weeks and is comprised of the following steps:
(1) Submittal meeting with planning staff to determine if application is complete. If complete:
(A) Within one week: Planning department will transmit the application for review to the subdivision committee.
(B) Within three (3) weeks: A staff only subdivision committee meeting will be held.
(C) Within five (5) weeks: Written comments will be provided.
(D) Within six (6) weeks: A subdivision committee meeting with the applicant will be held.
(2) The time frame of subsequent reviews is as needed depending on the complexity of the revisions.
(3) When the subdivision committee finds that all applicable requirements are satisfactorily met, the plat shall be set for action at the next scheduled commission meeting if all required materials are received at least fifteen (15) working days in advance.
C. Tentative Plat Submittals:
1. Informal Pretentative Plat Meeting: A preliminary meeting with the planning and zoning commission (see subsection D1 of this section) is required. The purpose of this preliminary meeting is to discuss design alternatives and to provide the applicant with as much information as possible prior to investing money in the formal tentative and final plat submittals. Reaching a clear understanding of the overall subdivision concept before preparation of the tentative plat while plans are still flexible, is an important step for the city and the subdivider. Providing a concept plan and preliminary information one week before the meeting is recommended. The subdivider and city should be prepared to discuss the items listed below:
a. Layout of lots.
b. Floodplain, setbacks from washes and any construction or alterations occurring in the floodplain.
c. Adjacent development.
(1) Proposed width and surface of internal streets and whether the streets are public or private.
(2) Provision for existing and future circulation and road dedication within and in the adjacent area.
(3) Purpose and design of common areas if any.
(4) Width, status and surface of the streets providing access to the property.
(5) Subdivision impacts on off site resources such as roads.
e. Extent of traffic analysis needed.
f. Provisions for fire protection and how the impact on the fire district (if one exists) will be addressed.
g. Provisions for water and wastewater treatment.
h. Water conservation measures to minimize increased water use.
2. Tentative Plat Submittal Meeting: The applicant shall schedule an appointment with the planning and zoning commission to submit tentative plat applications. An incomplete application will not be processed. The planning and zoning commission representative shall determine if a submittal is complete at the submittal meeting. A complete application must have all of the requirements listed in this section.
3. Tentative Plat Submittal Requirements:
a. The tentative plat submittal shall include:
(1) Fifteen (15) copies of the tentative plat that are twenty four inches by thirty six inches (24" x 36") in size and folded to 8.5 by 11 inches in size.
(2) One 11 by 17 inch reduced version. Subsequent revisions shall include one 11 by 17 inch reduced version and additional full copies as needed.
b. The following information shall be clearly and legibly drawn on the tentative plat at a scale of one inch equals forty feet (1" = 40'), one inch equals fifty feet (1" = 50'), one inch equals one hundred feet (1" = 100'), or one inch equals two hundred feet (1" = 200') as necessary to show all required details.
(1) Show on sheet number one only:
(A) Metes and bounds legal description of all property being subdivided and parcel numbers.
(B) Key maps showing:
(i) Location of the subdivision within the context of the surrounding area and major roads.
(ii) The relationship of the sheets when the plat consists of two (2) or more sheets.
(C) All applicable standard notes listed below and other notes required by the subdivision committee:
(i) This subdivision has private streets that are not maintained by the city of Tombstone.
(ii) The minimum floor elevations including basements shall be (#) inches above the highest natural ground elevation at the building pad. No building shall be oriented in such a way as to block the natural storm runoff. All lots are subject to the requirements of the hydrology and hydrology study prepared for this subdivision and on file with the Cochise County highway and floodplain department.
(iii) Existing platted streets not incorporated into the subdivision shall be abandoned separately through the city council abandonment process.
(iv) Individual sewage disposal systems are proposed (septic tank and leach field). Prior to building permit issuance, individual percolation or soil evaluations will be required for all lots. A minimum one hundred foot (100') setback is required from all wells and fifty feet (50') from all lot lines.
(v) If sewage disposal systems other than conventional leach field systems are required, Arizona department of environmental quality (ADEQ) approval is required prior to construction of the system.
(vi) Dust and erosion control measures shall be employed during and postconstruction and shall comply with the city of Tombstone land clearing ordinance.
(vii) It is the subdivider's responsibility to obtain additional state or federal permits.
(viii) Zoning is (type) and shall remain.
(ix) The length in miles of streets.
(D) Name of the subdivision and subdivider and property owner if different.
(E) Name, registration number, seal and signature of a professional civil engineer or land surveyor licensed to practice in the state of Arizona.
(F) Date of plat (updated on subsequent revisions and noted as second revised plat, etc., ...).
(2) Scale and north arrow on all pages.
(A) Locations and widths of proposed streets, and other rights of way.
(B) Road cross sections for all types of proposed streets in accordance with the applicable standard in the Tombstone department of public works road construction standards and specifications for public improvements.
(C) Sight distance triangles at all road intersections.
(4) Boundaries of all areas subject to inundation or storm water overflow. Erosion setbacks and 100-year floodplain limits to be depicted.
(5) Existing topographical contours for every two (2) vertical feet change unless otherwise noted in these regulations.
(6) Area to be cleared. Clearing cannot occur until the improvement plans are substantially approved.
(7) Street layout designed to control accelerated runoff and off site erosion.
(8) Washes identified as significant in the upper San Pedro partnership hydrologic protection areas final report or any applicable city land use plans.
(9) Existing easements including recording data and proposed easements and their purpose.
(10) Phasing, with each phase designed to stand alone in the event other phases are not completed.
(11) Lots and boundary lines including:
Approximate lot lines with a depiction of a typical and minimum lot.
Proposed use of each lot.
Typical lot depicting wash setbacks, buildable areas and defensible space setbacks, if applicable.
Boundary lines, distances and bearings for subdivision boundaries.
Drainageways and detention basins.
(12) Existing structures, walls, ponds, tanks, wells, irrigation canals, laterals, ditches and dikes, streets, paths, trails and utilities denoting whether these items are to remain, be altered or removed.
(13) Common areas reserved or dedicated for parks, schools or other public uses, including private streets and conservation areas.
(14) Profile of the fencing and gating to be used if the subdivision is a gated community and a note on how access will be provided for emergency vehicles.
(15) Location and design of community mailboxes with pullout for vehicle parking for mail pick up if proposed.
(16) Location of fire hydrants, water tanks or other requirements for fire protection.
(17) Area and number of tracts, if any, to be excluded from the proposed subdivision and their proposed use.
(18) Adjacent zoning district classifications, subdivisions with recordation reference, parcels and nearby streets.
(19) Wherever individual sewage disposal systems are proposed, provision of the locations and dates of soil percolation tests or soil evaluations for a minimum one-third (1/3) of the lots along with a tabulated list of such tests and evaluations.
(20) Depiction of other natural features such as significant vegetated areas, water recharge areas and washes, views, historical and archaeological sites and similar community assets that should be taken into account during design.
(21) Other notes in support of proposed covenants, conditions and restrictions such as building envelopes, landscaping restrictions and restrictions to certain types of structures and lot sizes.
(22) Any other items as required by law or as required by the planning and zoning commission.
4. Letter Of Intent: A written letter of intent to subdivide must be submitted with the tentative plat. This letter must include the following information and certifications.
a. Date of submittal. Change as per adoption of ordinance.
b. Name and address of each person having an interest in the proposed subdivision and the extent of such interest.
c. Name, phone number and e-mail address of contact person.
d. Notarized letter of agency from the owner if the project representative is not the owner.
e. Metes and bounds legal description and general location of the proposed subdivision, distance to the nearest incorporated town and a sufficient description of existing landmarks and boundaries to locate and field inspect the proposed subdivision by vehicle.
f. Parcel numbers and working name of the proposed subdivision.
g. Total area in acres and number of lots in the proposed subdivision and typical and minimum lot sizes.
h. Reference by book, page and date of recordation of any previous plats.
i. Utilities and services:
(1) Description of the utility service areas which serve the subdivision.
(2) Description of medical facilities, elementary and high schools and public transportation available to the subdivision.
j. Nature of off site and on site improvements proposed to be constructed by the subdivider including:
(1) Description of how improvements will be guaranteed.
(2) Description of the existing legal and physical access to the site.
(3) Statement as to whether private streets are proposed and how they will be maintained.
k. Statement as to whether the community will be gated and how access will be provided for emergency services.
l. Description of any special districts in which the proposed subdivision is located.
m. Description of the zoning district classifications in which the proposed subdivision is located along with a statement that all applicable city of Tombstone zoning regulations shall be satisfied within the proposed subdivision.
n. Statement that the proposed subdivision is intended to meet the minimum city standards or identification of any waivers that are anticipated. Provide a technical justification for any waivers from the provisions of these subdivision regulations or any other applicable city regulations.
o. Statement of what provisions will be made for fencing the subdivision to preclude livestock from roaming within the subdivision and on public streets, if any.
p. Description of dust control measures to be used during construction.
q. Description of water conservation measures to be employed in the subdivision.
s. Statement as to whether the subdivision is in a designated PM10 area (particulate matter of 10 microns or less).
5. Related Exhibits/Other Submittals: In addition to the tentative plat and letter of intent, the following submittals are required to complete the application.
a. A check made payable to the city of Tombstone for the tentative plat processing fee in the amount as set forth in the adopted planning and zoning fee schedule.
b. A hydrology report if requested by the Tombstone department of public works.
c. Copy of the instrument to be used to maintain common areas is recommended to be submitted as part of the tentative plat submittal. A homeowners' association is required for maintenance of conservation areas, private roads and other private improvements unless some other entity acceptable to the city is proposed.
d. Copy of all proposed instruments creating covenants, restrictions, reservations, easements, owners' association or other conditions, if any is recommended to be submitted as part of the tentative plat submittal.
e. Copies of required 401, 404, NPDES, intent to clear and other required federal and state permits or applications.
f. Preliminary title report no more than thirty (30) days old.
g. If required in an adopted city land use plan, documentation from the Arizona state museum, the state historic preservation office (SHPO), or a qualified archaeologist, as to whether or not there are any known historical or archaeological sites within the area to be developed and completion of a field survey if determined warranted by these agencies.
D. Tentative Plat Review:
1. Composition And Duties Of Planning And Zoning Commission: It shall be the duty of the planning and zoning commission to examine all required tentative and final plat submittals and exhibits and to determine compliance with these subdivision regulations and other applicable ordinances and regulations. A recommendation on the tentative or final plat through the committee chair, shall not be forwarded to the planning and zoning commission and city council until consensus is reached among all members of the subdivision committee that the submittals comply with all applicable regulations or that the waivers requested are reasonable and adequately justified. Planning and zoning commission meetings shall be scheduled as needed with the applicant. The subdivision committee is hereby established and shall consist of the following members or their duly authorized representatives.
The planning and zoning commission, who shall:
a. Review applications for completeness and transmit applications and revisions for review.
b. Serve as the city's project representative throughout the process.
c. Review all submittals for compliance with the comprehensive plan, subdivision and zoning regulations and other applicable plans and planning ordinances.
d. Confirm that property taxes are current prior to final plat approval.
e. Confirm that road names and road name signs comply with the rural addressing ordinance.
f. Represent other reviewing agencies that are not formal members of the subdivision committee.
g. Schedule and chair subdivision committee meetings.
h. Make staff presentations on behalf of the subdivision committee to the planning and zoning commission and city council.
i. Ensure that the final plat and related documents are recorded and copies distributed to the subdivision committee members.
j. Inspect and approve those on and off site improvements not reviewed by the building inspector or department of public works.
k. Ensure that requirements of other applicable agencies represented by the planning director have been completed prior to sale of lots.
l. When applicable, release assurances to allow lot sales upon completion of city inspections and approval of all on and off site subdivision improvements.
m. Confirm that a lighting district has been established prior to lot release, if required.
n. Maintain complete files.
2. Building Inspector And Department Of Public Works: The building inspector and department of public works, who shall:
a. Review all submittals for compliance with all highway and floodplain regulations.
b. With the planning director determine the adequacy of the traffic analysis and the on and off site improvements identified in the report.
c. Review, approve or reject improvement plans.
d. Work with the project engineer to complete ongoing inspections at appropriate times during construction of highway and floodplain related improvements.
e. Receive project engineer certification that improvements are constructed, tested, inspected and accepted according to the approved improvement plans.
f. Monitor the condition of improvements during the first year after completion and require repairs if necessary within that time period.
E. Transmittal List: The planning director shall ensure that all interested agencies and parties are given an opportunity to review the application. Agency representatives or interested parties may attend subdivision committee meetings as nonvoting members. The planning director shall represent their interests on the subdivision committee. The planning director shall ask the applicant for additional copies of plats and supporting documents if needed to transmit to these agencies. In addition to the subdivision committee, the transmittal list may include, but is not limited to, the following:
1. Standard Transmittal List:
a. City council.
b. Design review committees if established as part of an adopted community plan.
c. Applicable fire protection provider by the Tombstone volunteer fire department.
e. Agencies with existing easements on the property.
f. Natural resource conservation district.
g. Natural resource conservation service.
2. Other Agencies As Applicable:
a. Arizona department of environmental quality.
b. Arizona department of transportation.
c. Arizona department of water resources.
d. Arizona state fire marshal.
e. Arizona state land department.
f. Arizona department of agriculture.
g. Army corps of engineers.
h. Bureau of land management.
i. County attorney's office.
j. Applicable school district.
k. Applicable law enforcement agency.
l. University of Arizona cooperative extension water wise program or other agency designated to review water conservation measures.
m. Other interested parties identified in the review process.
F. Commission Action On The Tentative Plat: Upon review of the tentative plat and supporting documents the commission may recommend to the city council:
1. Approval of the tentative plat as presented, if they find that the tentative plat and supporting documents comply with these subdivision regulations and other applicable regulations.
2. Approval of the tentative plat with conditions, as specifically noted.
3. Denial of the tentative plat, providing the applicant with a list of modifications, findings and considerations that must be addressed before resubmittal to the commission.
G. Commission Action On Waivers: Upon review of waiver(s), the commission may forward to the city council a recommendation of:
1. Unconditional approval.
2. Unconditional denial, stating the factors favoring denial.
3. Conditional approval, stating the recommended conditions.
H. Council Review Of The Tentative Plat And Waivers: Upon receipt of the commission's tentative plat and waiver recommendations, the city council may:
1. Find that the tentative plat, waiver(s) and/or supporting documents comply with these subdivision regulations and recommend approval as presented.
2. Recommend approval of the tentative plat and/or waiver(s) with conditions, as specifically noted.
3. Recommend denial of the tentative plat and/or waiver(s), providing the applicant with a list of modifications, findings and considerations that must be addressed before resubmittal to the commission.
I. Commission Review Of Final Plat: Final plats are reviewed directly by the city council if the final plat conforms substantially to the tentative plat, waivers and conditions approved by the commission.
J. Waivers: The city council may approve, disapprove or conditionally approve waivers to the terms of these regulations so long as they are not contrary to the public interest, and where due to unique conditions, a literal enforcement of the provisions and requirements of these subdivision regulations would result in undue hardship.
1. Waiver requests shall be submitted with the tentative plat application accompanied by a technical analysis justifying the waiver with an explanation of likely impacts.
2. The commission shall provide a recommendation to the city council on all waivers.
3. Waivers will be forwarded to the city council for action with the tentative plat upon recommendation by the planning commission and when accompanied by the appropriate processing fee as set forth in the adopted planning and zoning fee schedule.
K. Effective Period Of Tentative Plat And Plat Extensions:
1. Approval of residential tentative plats shall be effective for two (2) years.
2. Approval of commercial tentative plats shall be effective for three (3) years.
3. The planning and zoning commission may grant one 1-year time extension upon written request by the subdivider if:
a. The applicant demonstrates substantial progress towards final plat approval; and
b. The subdivision is in conformance with current city regulations or the developer agrees to conform to current city regulations.
4. Additional one year time extensions must be approved by the planning and zoning commission.
5. Extensions shall be accompanied by the fee set out in the planning department fee schedule. (Ord. 2005-01, 2-8-2005)
1. ARS § 28-8461.
2. ARS § 28-8461.
3. ARS § 28-8486.