Loading...
A. Eleven inches by 17 inches or larger;
B. Drawn to scale no less than one inch equals 20 feet; and
C. Fully dimensioned.
The drawing showing the proposed land split shall include the following:
A. The boundaries of the original parcel or lot prior to the land split with distance and bearings labeled;
B. The proposed lots with distance and bearings labeled;
C. The rights-of-way adjacent to or within the property, including streets and easements. The streets and easements must be labeled, dimensioned and purpose listed;
D. All proposed easements on and surrounding the property;
E. The locations and dimensions of any existing structures and buildings;
F. The setbacks of existing buildings and structures from existing and proposed property lines;
G. The land area of each proposed lot in square feet or acreage. If the property is developed, additional information, such as but not limited to FAR, lot coverage, vehicle and bicycle parking, may be needed;
I. Whether there is any shared use of vehicle use areas, easements, etc. between properties.
Assurances that all assurable infrastructure shall be completed, including streets and non-lot specific/common area sidewalks; sewer, water, and electric utilities; drainage and flood control improvements; and monuments, as required by Article 8, Land Division and Subdivision Standards, of the UDC, the Tucson Code, the Technical Standards Manual, the electric utility, the Pima County Regional Wastewater Reclamation Department, and state statutes and regulations, shall be approved by the city before a subdivision plat is approved. All required improvements shall be made by the subdivider in accordance with current policies of the PDSD, Department of Transportation, Tucson Water, Pima County and the applicable utilities.
Assurances for the completion of required assurable infrastructure shall be provided in the form of a Third Party Land Trust unless the PDSD Director or designee approves an alternate form as provided in this section. The PDSD Director or designee may also determine that no assurances are required.
A. Third Party Land Trust
In accordance with Section 8.6.2.B.4, Third Party Land Trust, of the UDC, the subdivider may transfer title of the subdivision property to a land trustee to be held as an assurance that the required assurable infrastructure will be completed. The subdivider and land trustee shall then agree to the Third Party Land Trust, Agreement to Construct Assurable Infrastructure and Amendment to Trust Agreement (the “Third Party Land Trust”) in the form provided by the city. The Third Party Land Trust is an agreement that the assurable infrastructure will be constructed before the title to the Property held in the land trust is released in accordance with Section 8.6.2, Subdivision Improvements and Financial Assurances, of the UDC. The Third Party Land Trust amends that trust to conform to the requirements of this Technical Standards Manual. By submitting the Third Party Land Trust, the subdivider and land trustee agree to be legally bound by the terms of the agreement and agree that these terms shall supercede and control over any contrary terms in the signed Third Party Land Trust or in the trust agreement between the subdivider and the land trustee.
B. Completion/Performance Bond
In accordance with Section 8.6.2.B.1, Completion/Performance Bond, of the UDC, the subdivider may, at the discretion of the Director or designee, post a completion/performance bond from a surety bonding company authorized to do business in the State of Arizona as an assurance that the required assurable infrastructure will be completed. The subdivider shall then agree to the Completion/Performance Bond Financial Assurance Agreement and Agreement To Construct Subdivision Improvements (the “Completion/Performance Bond Financial Assurance Agreement”) in the form provided by the city. The Completion/Performance Bond Financial Assurance Agreement is an agreement that the subdivider will construct the assurable infrastructure or, if not completed, that the city may provide for the construction by executing on the performance bond. By submitting the Completion/Performance Bond Financial Assurance Agreement the subdivider agrees to be legally bound by the terms of the agreement and agrees that these terms shall supercede and control over any contrary terms in the signed Performance Bond Financial Assurance Agreement.
The bonds shall name the City of Tucson as obligee and shall be in an amount at least equal to the cost, as estimated by the subdivider’s engineer and approved by the PDSD Director or designee as sufficient to secure to the city the satisfactory construction, installation, and dedication of the uncompleted portion of the required improvements. The Director or designee is authorized to require a performance bond that is up to one and one-half times the estimated costs in order to provide for inflation and increased costs that would be incurred if the city was required to complete the improvements. If the PDSD Director or designee determines that the performance bond is impractical method to provide assurances for a specific project, the Director or designee shall have the discretion to require an alternate form of assurance.
C. Escrow Account
In accordance with Section 8.6.2.B.2, Escrow Account, of the UDC, the subdivider may, at the discretion of the Director or designee, establish an account with the city with a cash or negotiable instrument (the “Escrow Account”) as an assurance that the required assurable infrastructure will be completed. The subdivider shall then agree to the Escrow Account Financial Assurance Agreement and Agreement To Construct Subdivision Improvements (the “Escrow Account Financial Assurance Agreement”) in the form provided by the city. The Escrow Account Financial Assurance Agreement is an agreement that the subdivider will construct the assurable infrastructure or, if not completed, that the city may provide for the construction by using the funds in the Escrow Account. By submitting the Escrow Account Financial Assurance Agreement, the subdivider agrees to be legally bound by the terms of the agreement and agrees that these terms shall supercede and control over any contrary terms in the signed Escrow Account Financial Assurance Agreement. The Escrow Account may be established with an escrow agent approved by the city provided the subdivider and escrow agent agree to be legally bound by the terms of the agreement and agree that these terms shall supercede and control over any contrary terms in the signed Escrow Account Financial Assurance Agreement.
The amount of the cash or negotiable instruments in the account shall be at least equal to the cost, as estimated by subdivider’s engineer and approved the city, of construction, installation, and dedication of the required improvements. The Director or designee is authorized to require an escrow amount that is up to one and one-half times the estimated costs in order to provide for inflation and increased costs that would be incurred if the city was required to complete the improvements. If the PDSD Director determines that the escrow amount is impractical method to provide assurances for a specific project, the Director or designee shall have the discretion to require an alternate form of assurance.
The Escrow Account shall provide for one of the following:
1. That the principal and accumulated interest shall be held in trust by the city or an escrow agent approved by the city until released in whole or part by the city. The Escrow Account may not be used or pledged by the subdivider for any purpose during the period the Restricted Account is in effect; and further, that in the case of a failure on the part of the subdivider to complete the required improvements within the specified time period and upon notice by the city to the subdivider, the funds and all accumulated interest in the Escrow Account shall immediately, without further action, be made available to the city for use in completion of those improvements.
2. That the subdivider may make a cash contribution to a Escrow Account, and to include the interest accumulated thereon after the date of such contribution, so as to provide the city the flexibility of deferring permanent improvements along or adjacent to arterial or collector streets by holding contributed funds until such time as sufficient funds become available to design, and/or construct, an entire section of roadway or other improvement.
D. Letter of Credit
In accordance with Section 8.6.2.B.3, Letter of Credit, of the UDC, the subdivider may, in the discretion of the Director or designee, provide a letter of credit as estimated by the subdivider’s engineer and approved by the city, from a bank or other financial institution or person acceptable to the city as an assurance that the required assurable infrastructure will be completed. The subdivider shall then agree to the Letter of Credit Financial Assurance Agreement and Agreement To Construct Subdivision Improvements (the “Letter of Credit Financial Assurance Agreement”) in the form provided by the city. The Letter of Credit Financial Assurance Agreement is an agreement that the subdivider will construct the assurable infrastructure or, if not completed, that the city may provide for the construction by using the funds in the Letter of Credit account. By submitting the Letter of Credit Financial Assurance Agreement the subdivider agrees to be legally bound by the terms of the agreement and agrees that these terms shall supercede and control over any contrary terms in the signed Letter of Credit Financial Assurance Agreement.
The letter of credit shall provide the following:
1. That the creditor guarantees funds in an amount equal to the cost, as estimated by the subdivider’s engineer and approved by the DSD Director or designee, Director of Tucson Water, the Pima County Regional Wastewater Reclamation Department, and authorized representative of the electric utility, of construction, installation, and dedication of the required improvements. The Director or designee is authorized to require an amount that is up to one and one-half times the estimated costs in order to provide for inflation and increased costs that would be incurred if the city was required to complete the improvements. If the PDSD Director or designee determines that letter of credit is impractical method to provide assurances for a specific project, the Director or designee shall have the discretion to require an alternate form of assurance.
2. That, in the case of failure on the part of the subdivider to complete the required improvements within the specified time period and upon notice by the city to the subdivider, the creditor shall, without further action, immediately pay to the city such funds as are necessary to complete the required improvements, up to the limit of credit stated in the letter.
3. That the letter of credit may not be withdrawn or reduced in amount until released by the city.
D. The PDSD Director or designee may, in the Director’s discretion, approve other forms of financial assurances as appropriate and necessary to secure completion of the required improvements.
Loading...