ARTICLE 15-9
Minor Land Divisions
Section
15-9-1 Applicability
15-9-2 Process
15-9-3 Pre application meeting
15-9-4 Minor land division design standards and requirements
15-9-5 Minimum required minor land division improvements
15-9-6 Minor land division applications
15-9-7 Minor land division application and review
15-9-8 Application approval
15-9-9 Denial
15-9-10 Appeal
15-9-11 Engineering plans for minor land divisions
15-9-12 Assurance for the construction of minor land division improvements
15-9-1 APPLICABILITY.
For the purpose of this article, a minor land division shall constitute the following acts, and shall be subject to the provisions of this article:
(A) Land splits, as defined in this chapter.
(B) The division of improved or unimproved land or lands for the purpose of financing, sale or lease, whether immediate or future, into two or three lots, tracts, or parcels of land when a new street is not involved.
(C) The further division of improved or unimproved land or lands for the purpose of financing, sale, or lease, whether immediate or future, when the boundaries of such property have been fixed by a recorded subdivision plat, and when a new street is not involved.
(D) Lot line adjustments and lot consolidations in a platted subdivision.
(Ord. 06-1024, passed 9-11-2006)
15-9-2 PROCESS.
The preparation, submittal, review, and approval of all minor land divisions located within the city shall proceed through the following progressive stages, except when otherwise provided herein:
(A) Pre application conference with the members of the Community Development and Engineering Departments.
(B) Submittal of a minor land division application and map by the subdivider and review by the Community Development Department and the City Engineer, or his or her designee.
(C) Approval, conditional approval or denial of the application by the Community Development Director or his or her designee.
(D) Recordation of the approved minor land division by the city.
(Ord. 06-1024, passed 9-11-2006)
15-9-3 PRE APPLICATION MEETING.
The pre application meeting stage of minor land division review is an investigatory period preceding the preparation and submittal of the minor land division application by the subdivider. The subdivider shall initially present the proposal to the members of the Community Development and Engineering Departments, who shall advise the subdivider of specific public objectives, standards, and regulations related to the property and the procedure for minor land division review.
(Ord. 06-1024, passed 9-11-2006)
15-9-4 MINOR LAND DIVISION DESIGN STANDARDS AND REQUIREMENTS.
(A) Except where expressly modified or permitted by the Community Development Director or City Engineer, all minor land divisions shall be in general conformity with the lot, street, block, alley, and easement design standards and requirements specified for subdivisions. All lots created by a minor land division shall conform to existing zoning district standards and the City General Plan.
(B) All minor land divisions shall be designed to comply with the requirements of the specific zoning district within which the divided property is located.
(C) No lot or parcel shall be divided in such a way that any division of such lot or parcel shall contain more dwelling units than are permitted by the zoning regulations of the district within which the lot is situated.
(D) Any newly created lots shall have adequate access to public roads or highways or private roads with public access easements as determined by the Community Development Director, or his or her designee; and the City Engineer, or his or her designee.
(E) Any newly created lots shall have adequate access to all utilities necessary and appropriate for the development proposed on the property to be divided as determined by the Community Development Director, or his or her designee; and the City Engineer, or his or her designee.
(F) The land split shall not adversely affect public health, safety, convenience or welfare.
(Ord. 06-1024, passed 9-11-2006)
15-9-5 MINIMUM REQUIRED MINOR LAND DIVISION IMPROVEMENTS.
(A) Except where otherwise provided in this section, it shall be the responsibility of the subdivider to improve or agree to improve all streets, pedestrian ways, alleys, and easements in the minor land division and adjacent thereto that are required to serve the minor land division, and to construct and install all such other improvements as specified for subdivisions. No permanent improvement work shall be commenced until improvement plans have been submitted by the subdivider and approved by the City Engineer, or his or her designee. Improvements shall be satisfactorily installed in accordance with the City Engineering Design Standards, and all other applicable city ordinances and requirements.
(B) Minor land division improvements may be waived for minor land divisions in the following situations:
(1) For lot line adjustments where no new lot is created and utility services are existing;
(2) When the division is to allow construction of a single family dwelling and the Community Development Director or City Engineer determines that less than 50% of the half-street right-of-way for the side of the block on which the property is located would be improved as a result of such condition;
(3) In any case when the Community Development Director or City Engineer determines that the improvement of any or any or all of the abutting street or the installation of any or all of the other normally required improvements would be impractical because of considerations such as, but not limited to: the type and extent of existing street improvements; inability to establish a proper street grade or alignment; physical barriers such as excessive grade of terrain or washes, ditches, canals, buildings or other structures; or other special circumstances where, in the opinion of the Community Development Director or City Engineer, the immediate installation of the improvements is not deemed necessary to protect the public health, safety and general welfare, and that the waiver of the improvement requirements would not impair the purpose and intent of this chapter; or
(4) The Community Development Director or City Engineer may require as a condition for the waiver of the required minor land division improvements an in-lieu payment for the cost of improvements. An acceptable form of assurance may be considered at the discretion of the City Engineer.
(Ord. 06-1024, passed 9-11-2006)
15-9-6 MINOR LAND DIVISION APPLICATIONS.
The subdivider shall submit an application in the form prescribed by the Community Development Department together with the application fee established by Council resolution and the application information and materials required by the Community Development Director or his or her designee. The subdivider shall also submit a title report showing the ownership history of the property demonstrating that a subdivision is not required.
(Ord. 06-1024, passed 9-11-2006)
15-9-7 MINOR LAND DIVISION APPLICATION AND REVIEW.
(A) Information required. All information required as part of the minor land division submittal shall be shown graphically, or by note on plans, or by letter, or by combination thereof, and may comprise several sheets showing various elements of the required data.
(B) Submittal requirements. The applicant shall submit the following materials to the Community Development Department for a minor land division application:
(1) A completed minor land division application form.
(2) A non-refundable minor land division application filing fee to compensate the city for the costs of examining and processing the minor land division application and subsequent field inspections, if applicable. The required fee for minor land division applications shall be adopted by resolution of the City Council.
(3) An ALTA survey, preliminary title report and deed or other instrument showing proper title to the land to be divided.
(4) Digital file of the minor land division map.
(5) All minor land division maps shall contain the following information:
(a) Notation of the map as, "A Minor Land Division Map of (Lot or Parcel of Subdivision/owner’s name)."
(b) Location by quarter-section, section, township and range.
(c) Legal description of the property involved.
(d) Name, address, and phone number of subdivider.
(e) Sale, north point, and dates of preparation and revisions.
(f) Existing street dedications, on- and off-site utility easements, and lot lines of all adjacent properties indicated by subdivision name and Maricopa County Recorder’s Office Book and Page number; and unsubdivided land must be identified as such.
(g) Locations of all existing underground and overhead utilities on the property.
(h) Name, address, registration number, and seal of the registered engineer or land surveyor preparing the map.
(i) Boundaries of the tract to be divided fully balanced and closed showing all bearings and distances determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof.
(j) Location and description of cardinal points of primary interest to which all dimensions, angles, bearings, and similar data on the map shall be referenced. One corner of the minor land division map shall be tied by course and distance to a section corner monument approved by the City Engineer, or his or her designee.
(k) All existing and proposed drainage easements and natural drainage features.
(l) All existing irrigation easements on the property to be divided.
(m) Location and dimensions of all lots within the minor land division map. All sides of the proposed lots shall be identified by bearings and distances.
(n) All lots shall be identified by number or letter.
(o) Building setbacks, if applicable.
(p) Any information required as part of the minor land division submittal shall be shown:
1. Geographically;
2. By note on the plans;
3. By letter; or
4. By a combination of the foregoing, and may comprise several sheets, 24 inches by 36 inches in size, showing various elements of the required data.
(q) The following certifications must be included on the minor land division map:
1. Certification by a registered engineer or land surveyor preparing the map that the map is correct and accurate, and that the monuments described in it have been located as described.
2. Certification by the City Engineer or his or her designee that all engineering conditions and requirements of the city have been complied with.
(Ord. 06-1024, passed 9-11-2006)
15-9-8 APPLICATION APPROVAL.
(A) If the Community Development Director or his or her designee finds that the proposed minor land division meets all city requirements and the application conforms to good land planning policies and that all new lots created are suitable for the purpose for which they are divided, the application shall be approved or approved with stipulations. The Community Development Director or his or her designee shall transcribe a certificate of approval upon the map, first making sure that:
(1) All stipulations of approval have been complied with;
(2) The required certifications have been duly signed; and
(3) That any instruments for required street right of way and utility easement dedications have been prepared, executed, and duly recorded.
(B) After approval of the minor land division and certification of approval by the Community Development Director or his or her designee, the Community Development office shall then promptly cause the map to be recorded with the Maricopa County Recorder.
(Ord. 06-1024, passed 9-11-2006)
15-9-9 DENIAL.
If the Community Development Director denies the minor land division application, the subdivider will be furnished a letter stating the reasons for the denial. The application may be re-filed if suitable revisions can be made to resolve the conflicts and the stated reasons for denial as noted by the Community Development Director.
(Ord. 06-1024, passed 9-11-2006)
15-9-10 APPEAL.
An applicant aggrieved by the decision of the Community Development Director may file a subdivision application including a statement regarding any proposed modifications or waivers along with justifications of why the proposal should be approved and follow the procedure therein to bring the application before the City Council. A final plat application and associated fee is required for an appeal.
(Ord. 06-1024, passed 9-11-2006)
15-9-11 ENGINEERING PLANS FOR MINOR LAND DIVISIONS.
If improvements are required for minor land divisions pursuant to § 15-9-10 herein, the applicant shall be responsible for the preparation of a complete set of engineering plans, prepared by an Arizona Registered Civil Engineer, satisfactory to the City Engineer for the construction of the required improvements. The plans shall be prepared in conjunction with the minor land division map. The minor land division map shall not be recorded until all engineering plans for the required improvements have been approved by the City Engineer or his or her designee.
(Ord. 06-1024, passed 9-11-2006)
15-9-12 ASSURANCE FOR THE CONSTRUCTION OF MINOR LAND DIVISION IMPROVEMENTS.
If improvements are required for the minor land division pursuant to § 15-9-9 herein, no building permit for any lot created will be issued until such improvements are completed and the work accepted by the City Engineer or his or her designee. Required improvements may be deferred or waived by the Community Development Director if the subdivider provides a performance bond or other assurance of construction, in a form approved by the City Attorney, or if all such improvements have been completed and paid for, as determined by the City Engineer, or his or her designee.
(Ord. 06-1024, passed 9-11-2006)