Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Short Title

16.04.020    Purpose and Intent

16.04.030    Authority

16.04.040    Severability

16.04.050    Title Provisions Additional to Laws of the State of Arizona

16.04.060    Fees

16.04.070    Violations–Penalties

*    Prior legislation: Ord. 682.

16.04.010 Short Title

This title shall be known and may be cited as the Subdivision Ordinance of the City of Winslow, Arizona. (Ord. 1244 (part), 2015: prior code Appx. B § 101)

16.04.020 Purpose and Intent

The purpose of this ordinance is to promote the health, safety and general welfare of the residents of the City of Winslow, to promote the efficient and orderly growth of the City, to establish adequate and accurate records of land subdivision, to provide for adequate, safe and efficient public utilities and improvements, and for other general community facilities and land for public places.

In their interpretation and application, these regulations are intended to promote the reasonable use and enjoyment by landowners of their property rights subject to standards necessary to ensure common benefits for City residents. (Ord. 1244 (part), 2015: Ord. 920, 2003; prior code Appx. B § 201)

(Manual, Amended, 07/21/2003)

16.04.030 Authority

A.    The Planning and Zoning Commission of the City of Winslow shall receive, and act upon, preliminary and final subdivision plats and development plans in accordance with these regulations, and the Winslow General Plan and Zoning Ordinance. After receipt of a recommendation from the Planning and Zoning Commission, the Winslow City Council shall have final jurisdiction over all matters pertaining to the subdivision of lands.

All applications for action under this title shall be filed with the Winslow Community Development Department for processing pursuant to the provisions of this title. The Community Development Director for the City of Winslow shall enforce this title.

B.    This Subdivision Ordinance shall apply to all land within the corporate boundaries of the City of Winslow in accordance with Arizona Revised Statutes Title 9, Article 6.2 "Municipal Subdivision Regulations." Where applicable, provisions of this title shall cover an area extending three (3) miles from the municipal limits of the City, pursuant to Arizona Revised Statutes, Section 9-463.04.

C.    No person or agent of a person shall subdivide any parcel of land except in compliance with this title. No person shall offer for recording, in the Office of the County Recorder, any deed conveying a parcel of land, or interest therein, unless such a parcel of land has been subdivided, or otherwise created, in compliance with the provisions of this title.

D.    No lot within a subdivision created prior to the effective date of the ordinance codified in this title or approved by the City Council under the provisions of this title shall be further divided, rearranged, or reduced in area, nor shall the perimeter boundaries of any subdivision, or any lot within a subdivision, be altered in any manner without the approval of the City Council or as otherwise provided for in this title.

E.    All officials and employees of the City of Winslow who are vested with the authority to issue permits, shall not issue permits, record documents, conduct inspections or otherwise perform any duties or administrative actions that are not in conformance with the provisions of this title.

F.    Where this title imposes greater restriction upon land, land use, development or improvement than is imposed by existing provisions of law, ordinance or contract, this title shall control. (Ord. 1244 (part), 2015: Ord. 1027 § 1, 2007; Ord. 920, 2003; prior code Appx. B § 301)

(Manual, Amended, 07/21/2003)

16.04.040 Severability

If any section, subsection, paragraph, sentence, clause or provision of this title shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such judgment shall not affect the validity of the provisions of the remaining portions of the Winslow Subdivision Ordinance. (Ord. 1244 (part), 2015: Ord. 920, 2003)

(Manual, Amended, 07/21/2003)

16.04.050 Title Provisions Additional to Laws of the State of Arizona

The provisions of this title shall be in addition to and shall be considered as supplementing the provisions of ARS Sections 9-463, 9-474 to 9-479, 9‑1141; and 32-2181 to 32-2185. (Ord. 1244 (part), 2015: prior code Appx. B § 1201)

16.04.060 Fees

The application fees for subdivision approval shall be fixed by the City Council. They are subject to modification pursuant to Council ordinance subsequent to the provision of required public notice. The applicant shall pay all required fees to the City at the time of filing the application. Application fees are nonrefundable.

If the Community Development Director deems it necessary to employ the services of a registered professional engineer in connection with the examination, evaluation and approval of any subdivision, the engineer’s services shall be paid for by the applicant. No final plat approval shall be given by the City until payment is received for such services. (Ord. 1244 (part), 2015: Ord. 920, 2003)

(Manual, Amended, 07/21/2003)

16.04.070 Violations–Penalties

Anyone violating any provision of this title shall be guilty of a Class 1 misdemeanor and punishable as provided by state statute.

It is a separate offense for each and every day the violation is committed, continued or permitted.

The owner, lessee, tenant, and/or other person in possession of the property or use in violation are all and equally responsible for the violation(s).

In addition, the City may bring civil proceedings in a court of competent jurisdiction to enforce compliance with this title including the prevention, restraining and/or abatement of the violation(s).

In addition, any violation is declared to be a public nuisance and the City may enjoin or restrain said violation like any other nuisance under authority of any applicable City and state law. (Ord. 1244 (part), 2015: Ord. 1027 § 2, 2007; Ord. 920, 2003; prior code Appx. B §§ 1101, 1301)

(Manual, Added, 07/21/2003)