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A. Purpose: The purpose of this section is to describe the final plat procedures common to all subdivision options unless otherwise specified in subsequent sections describing subdivision options.
1. Submittals (Summary Only, Review Details In Sections That Follow):
a. Final plat application:
Final plat fifteen (15) copies: Twenty four inches by thirty six inches (24" x 36") (folded to 8.5 inches by 11 inches) and one copy: eleven inches by seventeen inches (11" x 17") (subsequent review of revised plats require one 11" x 17" version and as many full size copies as determined necessary).
Final plat fee and improvement plan review fee.
Final hydrology report, revised as required during tentative plat review.
Copy state department of water resources determination of water adequacy.
Traffic analysis if a revision was required.
Covenants, conditions and restrictions and homeowners' association bylaws (CC&R's), if any.
Boundary closures and line table.
Mechanism to ensure improvements.
Improvement plans/signage plan (it is recommended that these plans be submitted in advance of the final plat because improvement plan review can take a minimum of 6 weeks).
2. Approximate Review Schedule: The initial review takes approximately six (6) weeks (excluding review of the improvement plans) and is comprised of the following steps:
a. Submittal meeting with planning staff to determine if application is complete. If complete:
(1) Within one week: Planning department will transmit application for review to the subdivision committee.
(2) Within three (3) weeks: A staff only subdivision committee meeting will be held.
(3) Within five (5) weeks: Written comments will be provided.
(4) Within six (6) weeks: The subdivision committee will meet with the applicant.
b. The time frame of subsequent reviews is as needed depending on the complexity of the revisions.
c. When the subdivision committee finds all applicable requirements are satisfactorily met, the plat shall be set for action at the next scheduled city council meeting if all required materials are received at least fifteen (15) working days in advance.
B. Substantial Conformance With Tentative Plat: A final plat is the legal document recorded in the city of Tombstone showing the survey data for all lots, streets, common areas, flood prone areas and easements and any general notes pertinent to buyers. A final plat must be in substantial conformance with the tentative plat approved by the commission. Any final plat or portion thereof found by the planning director not to be in substantial conformance with the approved tentative plat must be resubmitted to the commission for approval. Substantial conformance means:
1. The number of lots does not increase by more than ten percent (10%).
2. The layout of the lots does not vary in a manner that affects other aspects of the subdivision such as access to conservation areas, drainage or circulation.
3. Drainage and road right of way dedications and easements are substantially as depicted on the tentative plat.
4. The circulation system does not vary in a manner that affects other aspects of the subdivision or overall area circulation and access.
5. The improvement standards, percent and layout of common areas, conservation areas and water conservation measures meet or exceed those approved by the commission.
C. Final Plat Submittal:
1. Final Plat Submittal Meeting: The applicant shall schedule an appointment with the planning and zoning commission to submit final 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 final plat shall include all the requirements listed in this section.
2. Final Plat Submittal Requirements:
a. The original final plat submittal and all subsequent revised submittals shall include:
Fifteen (15) copies of the final 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.
One 11 by 17 inch reduced version.
Subsequent revisions shall include one 11 by 17 inch reduced version and additional full size copies as needed.
b. Two (2) signed copies of a Mylar version and three (3) signed blue line copies and one copy on a CD or 3.5 inch floppy disc compatible with the county's current version of AutoCAD must be submitted after the plat is approved by the subdivision committee and before the plat is presented for city council action, along with original copies of the subdivision security and other documents to be recorded with the final plat.
c. The following information shall be clearly and legibly drawn on the final 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.
d. Show on sheet number one only:
(1) Metes and bounds legal description of all property being subdivided.
(2) Key maps showing:
Location of the subdivision within the context of the surrounding area.
The relationship of the sheets when the plat consists of two (2) or more sheets.
(3) All applicable standard notes listed below and other notes required by the subdivision committee including all notes on the tentative plat needing disclosure to property owners during a title search. This subdivision has private streets that are not maintained by the city of Tombstone. The city of Tombstone is held harmless for safety and vehicle damage from private streets.
(4) The minimum floor elevations including basements shall be (#) inches above the highest natural ground elevation at the building pad.
(5) No building shall be oriented in such a way as to block the natural storm runoff.
(6) All lots are subject to the requirements of the hydrology study on file with the department of public works.
(7) The county has approved the hydrology study and the city council has approved the signage and marking plan.
(8) Lots, tracts, conservation areas and common areas cannot be further subdivided.
(9) The hydrology and culverts have been designed to pass the 100-year storm so that it deposits twelve inches (12") or less of water across any road.
(10) Previously recorded lots (list lot numbers) will be superseded by (subdivision name) and will no longer legally exist effective on the day of the final recording of (subdivision name).
(11) Existing platted streets not incorporated into the subdivision shall be abandoned separately through the city council abandonment process.
(12) 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.
(13) 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.
(14) Dust and erosion control measures shall be employed during and postconstruction and shall comply with the city of Tombstone land clearing ordinance. It is the subdivider's responsibility to obtain additional state or federal permits. Zoning is (type) and shall remain.
(15) Name of the subdivider and property owner if different.
(16) Name, registration number, seal and signature of a professional civil engineer or land surveyor licensed to practice in the state of Arizona.
(17) Title, subdivision name, scale, north arrow, legend, sheet number and number of sheets comprising the map.
e. Date of plat (updated on subsequent revisions and noted as second revised plat, etc., . . .).
f. Primary control points or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred. Where a coordinate system has been established by the a licensed surveyor, primary control points shall reference at least two (2) corners of the subdivision and be tied by course and distance to a section corner, a quarter section corner or established city or county survey monument. The final plat shall include a description of the corner marker indicating how the bearings were determined.
g. Tract boundary lines fully balanced and closed, showing right of way lines of streets, easements and other rights of way, and property lines of all lots and other sites with accurate dimensions, bearings or deflection angles and radii, arcs, semitangents and central angles of all curves.
h. Curve tables and line tables.
i. Subdivision boundary.
j. Streets including:
(1) Sight distance triangle easements at all road intersections.
(2) Name and right of way width of each street or other right of way.
k. Designation and right of way width of all drainageways, detention basins and whether private or dedicated to the public.
l. Boundaries of all areas subject to inundation or storm water overflow. Erosion setbacks and 100-year floodplain limits to be depicted in a surveyable manner.
m. One foot (1') no access easements on arterial and city collector streets unless otherwise agreed to by the planning and zoning commission and department of public works.
n. Purpose and dimensions of all easements, clearly labeled and identified, and if already of record, proper reference to the records given; if not of record, a statement of such easement shall appear on the first sheet.
o. Area to be cleared. (Clearing cannot occur until the improvement plans are substantially approved.)
p. Lot numbering and lot area shown within the respective boundary of each lot.
q. Location and description of monuments, lot corners and outer survey points.
r. Block numbering or lettering, and the block area shown within the respective boundary of each block.
s. Area and number of tracts, if any, and their proposed use.
t. Common areas reserved or dedicated for parks, schools or other public uses including private streets and conservation areas.
u. All lots not intended for sale or reserved for private purposes and all parcels offered for dedication for any purpose, public or private shall be so designated.
v. 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.
w. Any other items as required by law or as required by the subdivision committee.
x. Phasing, with each phase designed to stand alone in the event that other phases are not completed.
y. Existing structures, walls, ponds, tanks, wells, irrigation canals, laterals, ditches and dikes, streets, paths, trails and utilities with an indication of whether these items are to remain, be altered or removed.
z. All new subdivisions in Cochise County and cities in Cochise County must be cleared with the rural addressing division of Cochise County planning department. All new street names must be cleared with rural addressing division also. All new road names shall have directionals and suffixes. New roads shall have no punctuation in them. New roads shall be no longer than twenty (20) characters with spaces, directional and suffix. Rural addressing will no longer accept new roads that start with Calle, Camino, Via, and roads that include De La. Any new road that aligns with an existing road will have the same name.
D. Certificates And Acknowledgments: The following certificates and acknowledgments shall appear on the final plat:
1. Certificate consenting to the preparation and recordation of the final plat and offering for dedication all streets, drainageways, easements, common areas and other parcels intended for public uses, as shown on the final plat acknowledged by all persons holding title by deed to the lands. If lands dedicated are held in trust, the trustee shall sign the certificate. If the lands to be dedicated are mortgaged or subject to any liens, the mortgagee and all lien holders shall also sign the certificate. The execution of the certification shall be acknowledged and certified by a notary public.
2. Certificate signed and sealed by a professional land surveyor licensed 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 including:
a. A statement that the plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision.
b. A statement that the surveyor prepared the description of the lots shown on the plat and certifying to their correctness.
c. A statement that the bearings shown on the plat are expressed in relation to the true meridian or a previously established meridian or bearing and that all monuments shown on the plat are actually located in the ground and their location, size and material are correctly shown.
d. A statement that all lots are staked or shall be staked in accordance with the provisions of these subdivision regulations.
e. The registration number, seal and signature of the licensed professional land surveyor.
3. Certificates to be signed by the planning and zoning commission, mayor, city clerk and city council, to certify that the plat complies with all requirements within their jurisdiction.
4. A certificate to be signed by the mayor and attested to by the city clerk to certify that said city council approved the final plat and showing the date of said approval.
5. A certificate to be executed by the county recorder showing the date, time of day, fee number, book and page number of recordation.
6. If an assurance agreement is used to provide security for improvements, a block to write recording data including docket number and date recorded.
E. Related Submittals, Reports And Exhibits:
1. A check made payable to the city of Tombstone for the final plat processing fee and improvement plan review fee in the amount as set forth in the adopted city's fee schedules.
2. A copy of the engineer's or surveyor's calculations showing the closure of the subdivision boundary and of each block, and all other excluded or dedicated tracts and rights of way, to be depicted on the final plat or as a separate document. The error of closure and the area bounded shall be shown for each calculation. The relative error of the unbalanced field measurement closure for the subdivision boundary shall be included.
3. A copy of the report prepared by the Arizona department of water resources stating that an adequate supply of water exists for the projected needs of the subdivision.
4. A copy of the final hydrology report approved by the building inspector.
5. Three (3) copies of improvement and sign plans for private and public improvements. If improvements will be constructed in phases, plans for phase one at a minimum, are required.
6. Letters of the intent to serve from utility companies and fire districts serving the subdivision.
7. Confirmation that appropriate improvement plans have been provided to utility providers.
8. Arizona department of environmental quality certificates to construct water and sanitary sewer systems, as applicable.
9. Copy of an archaeological field survey completed by a qualified archaeologist acceptable to the Arizona state museum or state historic preservation office, if required in an adopted county plan.
10. The final original signed version of the instrument used to assure completion of public improvements.
11. If conservation areas are to be maintained by another entity, originals of the agreement and conservation easement that shall be recorded with the final plat.
12. The final original signed version of the covenants, conditions and restrictions.
13. Documentation that property taxes are current.
F. Final Plat Review:
1. Staff And Agency Review:
a. The procedure for staff and agency review of the final plat shall be the same as for the tentative plat.
b. When members of the subdivision committee find that all applicable requirements have been satisfactorily met, they shall sign the plat.
2. City Council Review And Action:
a. Upon approval by the subdivision committee, the planning director shall schedule the final plat, the offers of dedication and agreements, and guarantees and securities for required improvements, for review at the next available meeting of the city council.
b. Upon review of the final plat and the offers of dedication and agreements, and guarantees and securities for required improvements the city council may: 1) find that the final plat and the offers of dedication and agreements, and guarantees and securities for required improvements are in substantial conformance with the tentative plat approval and comply with these subdivision regulations and other ordinances or requirements and approve the final plat as presented; 2) approve the final plat with conditions, as specifically noted; or 3) deny the final plat, providing the applicant with a list of modifications, findings and considerations that must be addressed for resubmittal to the planning and zoning commission.
c. Upon approval by the city council shall so certify and attest such action upon the final plat.
3. Appeals: The city council shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision, grant or refusal made by the commission or any official in the administration of these subdivision regulations.
a. An appeal shall be made in writing setting forth the particulars and the reasons for the appeal and include the fee adopted in the planning and zoning commission fee schedule.
b. Hearings on such cases shall be at such times as may be set by the city council, but no later than within sixty (60) days of receipt of the appeal.
c. Notice of not less than fifteen (15) days or more than thirty (30) days of the hearing date shall be given to the appellant, the commission or officials concerned.
4. Minor Final Plat Amendments; Combination Of Lots: Any recorded subdivision plat may be amended to:
a. Correct an error in any course or distance or other necessary item that was omitted.
b. Correct a drafting, graphic, technical or similar type error.
c. Adjust a drainage or maintenance easement.
d. Combine or reconfigure lots so long as:
(1) The external subdivision boundaries remain the same.
(2) The number of lots does not increase.
(3) The utility easements and street access to the combined lots are not changed.
The planning director is hereby authorized to approve and record minor plat amendments as follows:
a. Two (2) signed copies of a Mylar version, three (3) signed blue line copies and one copy on a CD or 3.5 inch floppy disc compatible with the county's current version of AutoCAD of the final plat shall be submitted.
b. The fee as set forth in the adopted planning and zoning fee schedule shall be submitted.
c. The amended plat shall contain a certification block for the signatures of the planning director and city engineer and shall be marked "AMENDED - PLAT OF ~". If more than one amended plat is necessary, the successive plats shall be titled "SECOND AMENDED PLAT OF ~", and follow in numerical order.
d. The amended plat shall contain a revised legal description for the new lots.
e. The amended plat shall be signed by the planning director and director of public works for certification that the only changes on the amended plat are technical changes as authorized above.
f. After obtaining the signatures of the planning director and director of public works, the amended plat shall be recorded in the office of the county recorder, without further action by the city council.
5. Changes Other Than Minor Amendments: Changes to final plats other than minor plat amendments shall be processed as a new subdivision application. If the planning director determines that the proposed amendments are substantially in conformance with the original tentative plat, the approved tentative plat may be used and the amendment can proceed directly to the city council as a revised final plat. If the amendment is not in conformance with the tentative plat, it shall be presented first to the planning commission as a tentative plat and then to the city council as a final plat. Changes requiring a new plat include, but are not limited to:
a. Abandonment of roadways or right of way dedications that affect overall circulation and cannot be handled through the city roadway abandonment process.
b. Any decrease in conservation areas, common areas or amenities.
c. Any increase in the number of lots.
d. Any reconfiguration of lots, roadways, tracts, drainageways and conservation areas that is not in substantial conformance with the tentative plat.
e. Any change other than those specifically defined as minor amendments.
6. Abandonment By The Property Owner Or City:
a. To abandon a recorded final plat in part or in whole, the property owner(s) shall submit a written request to the planning director along with:
(1) Two (2) signed copies of a Mylar version, three (3) signed blue line copies and one copy on CD or 3.5 inch floppy disc compatible with the county's current version of AutoCAD of the plat and other related documents as required designating those lots, roadways, public right of way, easements and other features, which are proposed for abandonment.
(2) The fee as set forth in the adopted planning and zoning fee schedule.
b. The planning director may initiate the abandonment of a recorded final plat if required improvements or a portion thereof have not been completed in a timely fashion or if due to the passage of not less than ten (10) years, without substantial sales and improvements, it appears that the subdivision or portion thereof, will not be developed as originally intended.
c. The city council may abandon a recorded final plat if required improvements have not been completed in a timely fashion or it is otherwise proposed for abandonment by the planning director.
d. The owner(s) shall be given thirty (30) days' notice of such actions.
e. The abandonment request shall be reviewed by the planning and zoning commission to determine that roadways, public right of way, easements and other items that serve a public interest are not abandoned.
f. Upon approval by the subdivision committee, the abandonment request shall be presented to the city council for action to approve, disapprove or conditionally approve the request. (Ord. 2005-01, 2-8-2005)