Chapter 18.69


18.69.010    Purpose.

18.69.020    Definitions.

18.69.030    General regulations.

18.69.040    Design standards.

18.69.050    Tentative and final plat submittal requirements.

18.69.060    Review procedures.

18.69.070    Assurance requirements.

18.69.080    Waivers.

18.69.090    Residential recreation areas.

18.69.010 Purpose.

The purpose of this chapter is to:

A. Establish minimum design standards for subdivisions;

B. Provide for consistent procedures for the review of subdivision plats;

C. Assure that all subdivisions meet the town’s regulations regarding land development;

D. Assure that all lots are provided with adequate infrastructure improvements;

E. Promote the conveyance of land and rights-of-way with accurate legal descriptions;

F. Create a permanent public record of lot boundaries; and

G. Establish submittal requirements for the review of plats. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.69.020 Definitions.

A. For the purpose of this chapter certain words and phrases shall have special meaning as defined herein, unless the context otherwise requires:

1. “Alley” means a secondary point of access to property which serves primarily as a way for utilities and sanitary services.

2. “Assurances” means a commitment in the form prescribed by STC 18.69.070, guaranteeing the construction and installation of all subdivision improvements.

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

4. “Improvements” means:

a. Paved legal access to each individual subdivision lot, in conformance with the town of Sahuarita paving standards; and

b. Electric service to the lot line of each individual subdivision lot: This shall not be required for commercial or industrial subdivision lots; however, a “backbone” electrical distribution conduit system, usable by all lots, shall be installed; and

c. Water service to the lot line of each individual subdivision lot; and

d. Sewer service to the lot line of each individual subdivision lot or legal access to a sewer not more than 50 feet from the lot line of each individual lot:

(1) This shall not be required for subdivisions not served by sewers,

(2) However, a statement indicating the absence of sewers shall appear on the final subdivision plat; and

e. Drainage and flood control facilities depicted on the subdivision plat or as required by ordinance or law; and

f. Any other construction, structure or installation specified on the plat and necessary to render the subdivision lots developable.

5. “Local access street.” See “local service street.”

6. “Local service street” means that part of a major street right-of-way separated from the main flow of traffic and designed exclusively or primarily to provide access to abutting properties.

7. “Local street” means a street exclusively or primarily providing access to abutting properties.

8. “Major street” means such major street, highway, thoroughfare, parkway or boulevard so designated on the master plan.

9. “Minor street.” See “local street.”

10. “Street” means a way for vehicular traffic dedicated to the public or designated as subdivision common area which affords the principal means of access to abutting property.

11. “Subdivided lands.” See “subdivision.”

12. “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.

13. “Subdivision development review committee” means a committee comprised of representatives of town departments and agencies who regulate or are affected by development of land in the town of Sahuarita who review a plat for compliance with the ordinances, rules, and regulations of their respective subject area. [Ord. 2011-048 § 1; Ord. 2009-26 § 1; Ord. 1995-06 § 2.]

18.69.030 General regulations.

A. Approval of Subdivision Required. Until a tentative plat and a final plat of a subdivision shall have been approved in accordance with this chapter, no person proposing a subdivision within the town of Sahuarita shall:

1. Subdivide or file a record of survey, map or plat for record; or

2. Sell any part of said subdivision; or

3. Proceed with any grading, construction or other work on the same, except as specified in STC 18.69.060(G).

B. Lots. All lots shall be consistent with the zoning requirements.

C. Except as otherwise provided herein, a subdivider shall construct or install all required subdivision improvements or provide assurances for their installation as defined in STC 18.69.070 prior to the issuance of a building permit for any lot. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.69.040 Design standards.

A. Streets.

1. Streets developed within subdivisions serving four or more separate properties shall be designed for acceptance by the town of Sahuarita. Any developer wishing to develop a subdivision with private streets shall be required to obtain written approval from the town council prior to submission of any tentative plat for the subdivision in which private streets are proposed.

2. All subdivision streets shall be designed in conformance with the town of Sahuarita subdivision street standards, or as approved by the town engineer and consistent with good engineering practice.

3. The arrangements, character, extent, width, grade, and location of all streets shall conform to the master plan, and with due consideration to their relation to existing and other planned streets, to topographical conditions, to surface drainage in and through the subdivision, to public convenience and safety, and appropriate relation to the proposed uses of the land to be served by such streets.

4. Arrangements and other features of streets shall:

a. Provide for appropriate continuation of existing principal streets in surrounding areas where essential for circulation and access to community facilities;

b. Conform to a plan for a neighborhood approved or adopted by the town council to meet a particular situation where topographical or other conditions make continuance or conformance to such principal streets impracticable;

c. Be so arranged as to discourage through traffic in residential districts, insofar as practicable;

d. Provide sufficient right-of-way for local service or access streets along major streets and routes, or other treatment to protect residential properties by separation of through and local traffic;

e. Along a railroad right-of-way or limited access highway right-of-way, provide a parallel street at a distance suitable for the appropriate use of the intervening land, such as for park purposes in residential districts or for commercial or industrial purposes in appropriate locations; such distances also to be determined with due regard for the requirements of approach grades and future grade separations;

f. Avoid street jogs with centerline offsets of less than 135 feet;

g. When the centerline of connecting neighborhood streets deflect from each other at any one point by more than 10 degrees, connect the same by a curve with a radius which meets or exceeds the adopted subdivision street standards;

h. Have intersections as nearly as possible at right angles and in no case at less than 75 degrees, in accordance with the adopted subdivision street standards;

i. Have property lines at street intersections rounded with a radius of 25 feet, or of a greater radius where necessary, to allow maintenance of sight distance; provided, however, comparable cutoffs or chords may be used instead of rounded corners;

j. Provide street right-of-way widths in compliance with adopted town of Sahuarita standard street cross-sections or as approved by the town engineer. The town engineer:

(1) Shall not require street right-of-way widths greater than those shown on adopted town of Sahuarita standard street cross-sections for the appropriate administrative or functional classification of the highway or street,

(2) May reduce street right-of-way width requirements for streets or highways when it is demonstrated that adequate provisions have been made for:

(a) Traffic capacity,

(b) Utility accommodation,

(c) Off-street parking,

(d) Pedestrian safety,

(e) Drainage, and

(f) The highway or street is not included in or identified on any major transportation corridor plan and would not be included in any such plan in the future;

k. Avoid half streets, except where essential to the reasonable development of the subdivision in conformity with these standards and where dedication of the other half will be practicable when the adjoining property is subdivided. Wherever a half street is found adjacent to a tract to be subdivided, the other half shall be platted within such tract;

l. Include no dead-end street that is longer than 600 feet and designed to permanently remain a dead-end street. All dead-end streets must be provided at the closed end with a turnaround area which has a street property line radius of at least 40 feet and returns of the same radius; however, where the terrain is such that it is not practical to serve an area by a loop street or a street from another direction, or where the shape of the parcel of land and adjacent conditions would not permit the reasonable continuation of a street, and where the cul-de-sac will serve no more than 22 lots, and the planning and building department and the town engineer agree that this is the most practical design, a cul-de-sac may be a maximum of:

(1) Eight hundred feet in R-3;

(2) Nine hundred feet in R-2;

(3) One thousand feet in R-1;

(4) One thousand three hundred twenty feet in SR and SR-2;

m. Names of streets to be consistent with natural alignment and extensions of existing streets; new street names to be used which will not duplicate in whole or in part, or be confused with, existing names.

B. Access to Major Arterial and Collector Highways.

1. Access Streets.

a. Prior to approval of a final plat or development plan by the town council, the town engineer shall approve the number and location of intersections of major arterial or collector highways with internal access streets in residential subdivisions and commercial and industrial developments.

b. Individual direct access for residential units fronting on the highway shall not be permitted in single-family detached residential subdivisions. Paved all-weather access to the units shall be provided by internal subdivision streets having a minimum number of intersections with the highway.

c. Multifamily residential subdivisions and commercial and industrial developments shall have no more than two access streets intersecting with a highway.

2. Access Features. Prior to approval of final plats or development plans by the town council for residential subdivisions and commercial and industrial developments adjacent to major arterial and collector highways, the town engineer shall determine the need for and approve the number and location of:

a. Access of an uncurbed highway;

b. Curb depressions on a curbed highway;

c. Median openings on a divided highway;

d. Center two-way left turn lanes on a highway; and

e. Other associated access features.

3. Signalized Intersections.

a. Signalized intersections must have a minimum spacing of one-half mile on any major arterial or collector highway;

b. Approval must be obtained from the town engineer for the:

(1) Functional and operational design of a signalized intersection on a major arterial or collector highway,

(2) Completion of the necessary geometric improvements for the signalized intersection in accordance with design principles, practices and methodologies acceptable to the engineer,

(3) Final design and installation details of the intersection.

4. Grade-Separated Facilities.

a. The town engineer shall have the authority to designate major high-traffic-volume intersections which have a potential for grade-separated facilities.

b. All residential subdivisions and commercial and industrial developments proposed to be located on any corner of a designated intersection shall be required to dedicate additional right-of-way for the facility, by subdivision plat or development plan, when requested by the town engineer.

c. The town engineer shall approve the location of the street and highway intersections forming the grade-separated intersection.

5. Frontage Roads. When a frontage road is determined necessary by the town engineer, a major commercial or industrial development fronting on a major arterial or collector highway shall be required to construct a frontage road contiguous to and generally paralleling the highway, to intercept, collect and distribute the traffic desiring to cross, enter or leave the highway.

6. Traffic Control.

a. All residential subdivisions and commercial or industrial development shall provide separate, legal, all-weather, paved access directly to the nearest arterial or collector highway.

b. Access for such developments shall not be allowed through the existing local streets of adjacent properties where the zoning differs or if the town engineer finds the access would impose detrimental impacts on adjacent properties.

c. Commercial and industrial developments shall not be allowed access through any residentially zoned area.

d. Residentially zoned areas of R-3 or higher density shall not be allowed access through residential areas zoned R-2 or lower density.

e. This subsection shall not apply where:

(1) Legal access has been previously established;

(2) Implementation of this subdivision would prohibit access to the public highway system; or

(3) Implementation would cause a traffic hazard by overloading local streets or their connections to the arterial or collector highway system.

C. Easements.

1. Utility easements at least 10 feet wide and aerial easements five feet wide shall be provided where necessary, as determined and justified by:

a. The utility companies;

b. The planning and building department;

c. The public works department; and

d. Other affected public agencies.

2. Drainage easements or rights-of-way shall be provided conforming substantially with the lines of any watercourse, drainageway, channel, or stream and such further width or construction or both as will be adequate for the purpose, and parallel streets or parkways may be required in connection therewith, as determined by the department of transportation and flood control district.

3. Hiking and equestrian trails easements or rights-of-way shall be provided:

a. When such trails are designated by the town of Sahuarita.

4. No portion of a subdivision lot shall be designated as an easement to be used as a street.

D. Blocks. Block lengths, widths, and spaces shall be determined with due regard to:

1. Provision of sites suitable to the type of use contemplated;

2. Zoning requirements as to lot size and dimensions;

3. Need for convenient access, circulation, control and safety of street traffic;

4. Limitations and opportunities of topography;

5. Circulation within the tract, and access to community facilities; and

6. Lengths as long as practicable, but not to exceed 2,000 feet.

E. Utilities.

1. All new or relocated utility lines shall be placed underground, unless the relocated line is a 115 kilovolt (or greater) transmission line. All utility lines relocated due to improvement projects shall be placed underground unless such relocated line is a 46 kilovolt (or greater) distribution line.

2. Location of underground utility lines (including sanitary sewers) shall be planned, joint-trenched where possible, and located beneath the paved portions of roadways or within 25 feet of the edge of the paved portions whenever possible so as to minimize vegetative disruption.

3. When making upgrades and reinforcements to existing utilities, existing poles shall be used wherever possible to provide the required transition to underground service to new developments. However, a new pole, set in line with the existing overhead system, shall not be deemed to be a new utility when necessary to serve approved new developments. Upgrades and reinforcements of existing overhead utilities are allowed to the extent that the total number of cables is not increased. [Ord. 2015-105 § 1; Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1999-05 §§ 1, 2; Ord. 1995-06 § 2.]

18.69.050 Tentative and final plat submittal requirements.

A. Tentative Plat Requirements and Related Exhibits.

1. Topographic Data. Existing conditions shall be shown on the tentative plat, including the following:

a. Boundary lines and approximate distances;

b. Easements with their dimensions and purpose;

c. Streets on and adjacent to the tract, name and right-of-way width thereof;

d. Utilities on the tract;

e. Other conditions on the tract: Water courses, houses, barns, shacks, walls, wells, tanks, and other significant features;

f. Other conditions adjacent to the tract affecting design of the subdivision, and subdivision names of adjoining plats; and

g. Contour map at an interval and accuracy acceptable to the department of transportation and flood control district.

2. Other Requirements. In addition to topographic data, the tentative plat shall be drawn at a scale at which all necessary details may be clearly shown, and shall show all proposals, including the following:

a. Name of the subdivision;

b. Legal description of the property to be subdivided;

c. Ownership;

d. Name of subdivider or developer;

e. Scale, north arrow;

f. Name of civil engineer or surveyor;

g. Date of plat;

h. Key map showing location of tract;

i. Proposed streets, alleys, other rights-of-way and easements, location, width, purpose and proposed street names;

j. Approximate lot lines and typical and minimum lot sizes;

k. Sites, if any, to be reserved or dedicated for parks, playgrounds, or other public uses;

l. Building sites, if any, for multifamily dwellings, shopping centers, religious uses, industry or other uses;

m. Site data, including gross area of the subdivision, number of residential lots, approximate area in parks and other proposed nonresidential uses;

n. Existing and proposed zoning and boundaries thereof.

3. Grading Plan. A Type 2 grading plan shall be submitted and approved in accordance with STC Title 16 (Grading Standards) prior to the issuance of grading permits.

B. Final Plat Requirements and Related Exhibits.

1. Final Plat.

a. A final plat shall be provided, drawn in ink on tracing cloth or mylar, on sheets 24 inches wide by 36 inches long and one-inch margin and an additional left margin of two inches, and shall be at a scale sufficient to show all details clearly.

b. Where necessary the plat may be on several sheets, in which case, each sheet shall be suitably indexed.

c. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections.

2. The final plat shall show the following:

a. Survey Requirements.

(1) Primary control points or descriptions and ties to such control point, to which all dimensions, angles, bearings, and similar data on the plat shall be referred, and where a coordinate system shall have been established by the department of transportation and flood control, primary control points shall be referenced thereto,

(2) At least one corner of a subdivision shall be tied by course and distance to a section corner, a quarter-section corner, or established town or county survey monument, and the plat must include a description of the corner marker, the final plat indicating how the bearings were determined;

b. Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites; with accurate dimensions, bearings, or deflection angles and radii, arcs, semi-tangents and central angles of all curves;

c. Name and right-of-way width of each street or other right-of-way;

d. Locations, dimensions and purpose of any easements, fully described;

e. Identification of each lot or site by letter or number;

f. Purpose for which sites, other than residential lots, are dedicated;

g. Location and description of monuments, lot corners and other survey points in place;

h. Reference to recorded subdivision plats of adjoining platted land by record name, date, and book and page numbers;

i. Certification by a registered professional civil engineer or land surveyor to the effect that the plan represents a survey made or certified by same and that all the monuments shown thereon actually exist, and that their location, size and material are correctly shown;

j. Certification of title and statement by owner dedicating streets, alleys, easements, and other rights-of-way and any lands for public uses;

k. Title, scale, north arrow and date. [Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.69.060 Review procedures.

A. Preliminary Review.

1. Since agreement on the tentative plat is deemed a step of primary importance in these proceedings, it is strongly recommended that the subdivider review the initial proposal for the subdivision with the DRC in a preapplication meeting prior to preparation of the required tentative plat while the plans for the proposed subdivision are still flexible, it being the purpose of this stage to make available general advice on the purpose and effect of this chapter, the master plan, zoning, and other town and county planning, engineering, drainage, sewerage, water system and similar standards, requirements and plans.

2. It is further recommended that the subdivider also consult with other agencies, utilities, and Pima County regarding site conditions and requirements for development.

B. Tentative Plat Submittal.

1. The subdivider shall submit a tentative plat of the proposed subdivision and other exhibits as required by the planning and building department together with application and fees.

2. Outline of Protective Covenants. A preliminary draft or outline of protective covenants proposed by the subdivider may be submitted as evidence of the proposed character of development.

3. The planning and building department shall accept or reject a submittal for completeness within five working days of submittal and shall provide the applicant notice.

C. Departmental Review of Tentative Plat.

1. The planning and building department shall cause to be transmitted copies of the tentative plat to other departments and agencies involved in the development review process, such as public works and utilities.

2. Comments and recommended conditions will be provided to the applicant within 20 working days of acceptance of the submittal.

3. The applicant will revise the submittal per the comments and recommendations provided.

4. Only when the plan has been approved for compliance with town standards and other agency requirements is it deemed approved.

D. Time Limits.

1. Approval of the tentative plat shall be valid for a period of two years.

2. A one-time 12-month extension may be granted by the planning and zoning director provided:

a. The applicant files for the extension prior to the approval becoming void;

b. In the opinion of the director, there is no change in regulation or in conditions within or adjoining the tentative plat area which would warrant a revision; and

c. The applicant shall pay a fee as set forth in Chapter 3.10 STC.

3. In no case shall a tentative plat approval exceed a total of three years from the original approval date.

4. If tentative plat approval expires prior to application for final plat approval, the plat shall be resubmitted as a new case and the subdivider shall be required to pay a new fee.

E. Initiation of Grading and Improvements. Upon approval of the tentative plat, the subdivider may proceed with grading or street and utility improvements in accordance with such approval of the tentative plat and approved plans for the grading or improvements.

F. Maintenance.

1. The subdivider, including contractors and any and all agents, shall be responsible for the keeping and maintenance, in a clean and sanitary manner, of all the described platted area.

2. Said maintenance shall include, but not be limited to, the removal from the premises of all debris, rubbish, weeds and dust-producing materials.

G. Final Plat Submittal.

1. Before the sale of any lots in a subdivision, the subdivider shall cause to be prepared a final plat in form for recording as provided in STC 18.69.050(B), and shall submit four copies to the planning and building department.

2. A copy of protective covenants in form for recording shall be submitted with the final plat when the same has been made a condition of the approval of the tentative plat.

H. Final Plat Review and Approval. Procedure for approval of the final plat shall be the same as for approval of the tentative plat; provided, that if the planning and building director finds that final plat conforms to the tentative plat as approved in accord with this chapter, the director shall so certify and transmit the final plat to the town council for final approval and recordation.

I. Assurances. As required by STC 18.69.070.

J. Final Plat Recordation and Transmittal.

1. Recordation. Upon final approval, the town clerk shall record the approved final plat in the office of the county recorder.

2. Transmittal. The clerk shall provide a record of the town council action to the following:

a. The subdivider;

b. The subdivider’s engineer;

c. The town engineer; and

d. The planning and building director. [Ord. 2015-098 § 1; Ord. 2012-067 § 1; Ord. 2011-056 § 2; Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.69.070 Assurance requirements.

A. Scope. An agreement, which shall be recorded by the town, for appropriate improvement assurances shall be provided by the developer to assure the installation of all subdivision improvements prior to the recordation of any plat.

B. Term. Assurances shall specify the date by which the improvements shall be completed.

C. Beneficiary. The town of Sahuarita shall be named as beneficiary of the assurance.

D. Exceptions.

1. No assurances shall be required for subdivisions which have had all required improvements completed in accordance with this chapter.

2. The subdivision plat shall have an assurances waiver block indicating that no assurances are required.

E. Posting of Assurances. The approved forms of assurances are as follows:

1. Cash or certified check;

2. Surety (performance) bonds executed by a company authorized and licensed to do business in the state of Arizona, ensuring the performance of the principal (developer or owner) as required by this chapter;

3. Certificate of deposit, United States Treasury bills, or any security guaranteed by the United States Government, state of Arizona, or any political subdivision thereof;

4. A deposit of money or negotiable bonds, of the kind approved for securing deposits of public monies, with a responsible escrow agent or trust company authorized and licensed to do business in the state of Arizona;

5. An irrevocable letter of credit in favor of the town of Sahuarita from a third-party financial institution authorized and licensed to do business in the state of Arizona;

6. The placement of the title to the subdivision in trust with a third-party escrow agency or trust company authorized and licensed to do business in the state of Arizona along with an agreement between the trustee and the town of Sahuarita that title to any lot or parcel within the subdivision shall not be transferred until all improvements required by these regulations have been installed, accepted by the town of Sahuarita, and written approval for release has been granted by the town of Sahuarita to the escrow agency or trust company holding the property in trust. The agreement shall contain a condition authorizing the town of Sahuarita to abandon the subdivision and resubdivide the property should the required improvements fail to be installed in compliance with the town of Sahuarita’s standard specifications;

7. A trust account in the name of the town of Sahuarita in a bank or trust company authorized and licensed to do business in the state of Arizona. Periodic withdrawals may be made from the trust account for a progressive payment of installation costs by a trustee selected or approved by the town. The amount of such withdrawals shall be based upon progress work estimates and shall be approved by the town engineer and the trustee.

F. Town Council’s Approval. The approval of the town council shall be endorsed in writing on the plat and shall include specific identification of an approval of the assurances required by these regulations.

G. Substitute Assurances. The town engineer is authorized to execute substitute assurances in a form approved by the town attorney, if the town engineer and planning and building director are satisfied that the substitute assurances protect the town to an extent equal or greater than the original assurances.

H. Release of Assurances.

1. Requests to release subdivision assurances shall be submitted in writing to the town of Sahuarita for review by the planning and building and public works departments;

2. The full release of assurances shall be processed once improvements have been completed and accepted by the town engineer and the planning and building director after town staff have completed a field inspection. [Ord. 2022-160 § 1 (Exh. A); Ord. 2015-098 § 1; Ord. 2014-085 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.69.080 Waivers.

A. Procedure.

1. The town council may waive any or all of the requirements of this chapter for any subdivision which is not subject to or which has received an order of exemption from the public report requirements administered by the Arizona Department of Real Estate. If an applicant for a subdivision waiver is in the process of applying for an order of exemption from the Arizona Department of Real Estate, the waiver may be granted subject to issuance of the order of exemption.

2. An application for waiver of town subdivision requirements shall be in the form provided by the town and shall be accompanied by the signatures of all parties having an interest in the property which is the subject of the waiver.

3. The waiver may be granted subject to such conditions as the town council deems necessary to protect the public health, safety and general welfare. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.69.090 Residential recreation areas.

A. Purpose.

1. The purpose of this section is to ensure that recreation areas are available for the use and enjoyment of subdivision residents.

2. To protect and enhance community health and quality of life.

3. To ensure that new recreation areas meet minimum standards for safety and efficacy.

B. Applicability. For every new subdivision created within the B-1 or B-2 Zones or within any rural or residential zone, a new residential recreation area shall be created, or an existing recreation area shall be enhanced, or both. This ordinance shall not apply to re-subdivisions of subdivisions existing as of the date of adoption hereof, unless the re-subdivision is a subdivision of a block on a block plat not previously subdivided, or unless the re-subdivision increases the density of the plat re-subdivided.

C. General Requirements.

1. A subdivider must submit a recreation area plan (RAP) with the tentative plat.

2. The RAP must conform to requirements of the Parks and Recreation Area Design Standards Manual, including pedestrian routes and bicycle routes. [Ord. 2011-048 § 1; Ord. 2005-04 § 1.]