Chapter 17.05
GENERAL PROVISIONS

Sections:

17.05.010    Definitions.

17.05.020    General.

17.05.030    Reservation of public land.

17.05.040    Requirements.

17.05.050    Issuance of building permits.

17.05.060    Waiver.

17.05.010 Definitions.

In this chapter, unless the context otherwise requires:

“Alley” means a minor way designated or used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

“Area of jurisdiction” means within the corporate limits of the town and in the unincorporated area within three miles beyond such corporate limits.

“Arterial street” means such major street, highway, thoroughfare, parkway or boulevard so designated on the general development plan, or so designated by the town council.

“Collector street” means a street collecting traffic from local streets and connecting the same with an arterial street or another collector street.

“Commission” means the planning and zoning commission of the town.

“Drainage easement” means a dedication of land for the conveyance of storm and runoff water.

“General development plan” means the master plan or any part thereof adopted by the town.

“Local street” or “minor street” means a street exclusively or primarily to provide access to abutting properties.

“Person” means any individual, as well as any firm, corporation, partnership, company or any other form of multiple organizations for the carrying on of business.

“Public works department” means the designated representative of the town as appointed by the mayor and council.

“Service street” or “local access street” means that part of an arterial street right-of-way, separated from the main flow of traffic and designated exclusively or primarily to provide access to abutting properties.

“Street” means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, freeway, road, boulevard, avenue, lane or however otherwise designated.

“Subdivider” means a person, firm, corporation, partnership, association, syndicate, or trust or other legal entity that files application and initiates proceedings for the subdivision of land.

“Subdivision” means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts.

“Utility easement” means a dedication of land for installation and maintenance of public utilities only. (Ord. 06-07 § 1, 2006; prior code § 13-1-1)

17.05.020 General.

A. Conformance to Laws. Every subdivision shall conform to requirements and objectives of the general plan, specific plans, or any parts thereof as adopted by the town council, to the town zoning ordinance, to other ordinances and regulations of the town and to the Arizona Revised Statutes, as amended.

B. Unsuitable Land. Land which, in the opinion of the commission, based on the written recommendation of the town clerk, is unsuitable for the proposed use by reason of adverse topography, adverse soils, subsidence of the earth surface, high water table, periodic flooding, lack of water or other natural or manmade hazards to life or property shall not be subdivided. However, the commission may approve subdivision of such land upon receipt of evidence from the developer’s engineer and recommendation of the public works department, that the construction of specific improvements can be expected to render the land usable, in which case, construction upon such land shall be prohibited until the specified improvements have been acceptably planned and construction has been guaranteed.

C. Layout. Streets and easements shall be so arranged in relation to existing topography as to produce desirable lots of maximum utility, a safe and convenient street and pedestrian system and gradients to facilitate adequate drainage.

D. Subdivision and Street Names. Subdivision names and new street names shall not duplicate or be closely similar to any existing street name in zip code 85616 except that street names shall be consistent with the natural alignment and extension of existing named streets. (Ord. 06-07 § 1, 2006; prior code § 13-1-2)

17.05.030 Reservation of public land.

When a tract contains all or any part of the site of a park, recreational facility, school site, fire station or other public site as shown in the general plan or a specified plan, such site shall either be dedicated to the public or reserved for acquisition by the public subject to the following conditions:

A. The requirement may only be made upon preliminary plats filed at least 30 days after adoption of the general plan or specific plan affecting the land area to be reserved.

B. The required reservations are in accordance with defined principles and standards adopted by the town council.

C. The land area reserved shall be of such size and shape as to permit the remainder of the land area of the subdivision within which the reservation is located to develop in an orderly and efficient manner.

D. The land area reserved shall be in such multiple of streets and parcels as to permit an efficient division of the reserved land in the event that it is not acquired within the prescribed period.

E. Unless otherwise agreed in writing, the public agency for whose benefit an area has been reserved shall have a period of one year after recordation of final subdivision plat to enter into an agreement to acquire such reserved land area. The purchase price shall be the fair market value thereof at the time of filing of the preliminary subdivision plat plus the taxes against such reserved area from the date of the reservation, and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

F. If the public agency for whose benefit an area has been reserved does not exercise the reservation agreement set forth in subsection E of this section within such one-year period or such extended period as may be mutually agreed upon by such public agency and the subdivider, the reservation of such area shall terminate. (Ord. 06-07 § 1, 2006; prior code § 13-1-3)

17.05.040 Requirements.

A. The subdivider shall be responsible for having a registered engineer or registered land surveyor prepare the necessary subdivision plats for filing.

B. Approval of Subdivision Required. Until a plat of a subdivision has been approved in accordance with these regulations no person proposing a subdivision within the corporate limits of the town shall subdivide or file a record of survey, map or plat for record or sell any part of said subdivision.

C. The plat of a subdivision outside and within three miles of the corporate limits which conforms to these regulations shall be approved and so recommended for approval to the board of supervisors of Cochise County. Any plat that does not conform to these regulations or which is approved subject to changes shall be so reported to the board of supervisors with the reasons therefor.

D. Fee for plat review shall be as set by resolution of the mayor and council. (Ord. 06-07 § 1, 2006; prior code § 13-1-4)

17.05.050 Issuance of building permits.

The town building official shall not issue building permits until all provisions of Section 17.35.090 have been accepted by the town council. (Ord. 06-07 § 1, 2006; prior code § 13-1-12)

17.05.060 Waiver.

The council may, for good cause, waive any requirements of this title by two-thirds majority vote. (Ord. 06-07 § 1, 2006; prior code § 13-1-13)