Chino Valley City Zoning Code
5 SUBDIVISION
REGULATIONS
5.6 FLOODPLAIN MANAGEMENT
The Town designates the Yavapai County Flood Control District as the enforcement authority for all floodplain management activities within the Town’s corporate limits. The district is hereby authorized to exercise the powers and duties set forth in Title 45, Chapter 10, Article 4, Arizona Revised Statutes, within all areas of the Town.
(Ord. 2020-885, passed 9-8-2020)
5.1.2 SHORT TITLE
For the purpose of identification, these subdivision regulations as set forth in this Section 5 of the Unified Development Ordinance (Chapter 154 of the Town Code) shall hereafter be referred to as the “Subdivision Regulations”.
(Ord. 2020-885, passed 9-8-2020)
5.1.3 AUTHORITY
The Subdivision Regulations are authorized by Title 9, Chapter 4, Articles 6.2 and 7 of the Arizona Revised Statutes.
(Ord. 2020-885, passed 9-8-2020)
5.1.4 JURISDICTION
These regulations shall govern the division of all land that lies within the corporate limits of the Town. These Subdivision Regulations apply to all properties within the Town limits proposed for division in any manner, including subdivision, land split, or lot line adjustment.
(Ord. 2020-885, passed 9-8-2020)
5.1.5
A. Permits Prohibited: The Town shall not issue any building or other development permit for property that has been divided without meeting the requirements of these Subdivision Regulations.
B. Interpretation: The interpretation and application of the provisions of these Subdivision Regulations shall be made by the Zoning Administrator or his/her designee. Where any provision of these Subdivision Regulations imposes restrictions different from those imposed by any other provision, or any other ordinance, rule or regulation, or other provision of law, the provision that is more restrictive or imposes higher standards controls. Nothing contained in these Subdivision Regulations shall be construed as relieving an applicant from the requirements imposed by the Arizona Revised Statutes.
C. Administration: The Zoning Administrator or his/her designee is hereby authorized to receive, process, and otherwise act upon preliminary and final subdivision plats, and land splits not requiring a subdivision, in accordance with these regulations. The Planning and Zoning Commission and Town staff shall provide recommendations to the Council with respect to these Subdivision Regulations. Town staff is charged with the duty of investigating and reporting upon matters referred to them in accordance with these Subdivision Regulations.
D. Fees: Fees for Town services provided in the administration of these Subdivision Regulations shall be set by Resolution of the Council and may be changed from time to time.
E. Actions Prohibited: Until a preliminary plat and final plat of subdivision, as applicable, have been approved in accordance with these Subdivision Regulations, no person proposing a subdivision within the Town shall subdivide or file a record of survey, map or plat for record, or sell any part of a subdivision, or proceed with any improvement or other work on same.
(Ord. 2020-885, passed 9-8-2020)
5.1.6 PLATTING OR DIVISION REQUIRED
No division of land is permitted unless it conforms to the provisions of this chapter. All divisions of land that meet the conditions of Section 5.1.7 below shall follow the subdivision process in these Subdivision Regulations; all Land Splits are permitted pursuant to the Land Split provisions in Section 5.2.6 below; divisions of land not meeting the definition of Land Split or Subdivision are subject to improvement requirements as set forth in Section 5.2.6 below. No person shall, for the purpose of circumventing this chapter, sell, offer to sell or divide any lot, piece or parcel of land without first having recorded a Town-approved plat or a land split thereof, as applicable, in accordance with this chapter. The Town does not recognize recorded divisions of land that have not first obtained Town approval.
(Ord. 2020-885, passed 9-8-2020)
5.1.7 SUBDIVISION APPLICABILITY
A. Subdivision approval shall be required to divide improved or unimproved land for the purpose of financing, sale or lease, whether immediate or future, into:
1. Four (4) or more lots, tracts or parcels or land; or
2. Two (2) or more lots, tracts or parcels or land, if a new street is involved; or
3. Two (2) or more lots, tracts or parcels of land, if the boundaries of said land have been fixed by a recorded plat.
B. Subdivision Approval shall also be required for any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plat of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.
C. Within a subdivision, tracts of land must be designated with letters, lots must be designated with numbers and streets or roads must be named.
(Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022)
5.2.1 GENERAL PROVISIONS
(Ord. 06-678, passed 11-9-2006)
A. In General: Every land division shall conform to the goals and objectives of the General Plan, Unified Development Ordinance, and other ordinances adopted by Council and laws of the State of Arizona that specifically relate to subdivisions and the development of land.
B. Owner/Agent Authorization: Applications shall only be submitted by property owners or their authorized representatives. The Zoning Administrator may require proof of ownership/agency prior to accepting an application.
C. Zoning Standards: Proposed subdivisions must be designed to meet the specific requirements of the zoning district in which they are located. In the event that a change in zoning is required to enable the development to be built as proposed, any necessary zoning amendment must be initiated by the property owner (or authorized agent) in accordance with the procedures for processing applications for changes in zoning set forth in the Town’s Unified Development Ordinance. No subdivision plat for which a zone change is required may be considered by the Council until the required zone change has been adopted by the Council. The applications for both the requested zoning amendment and the preliminary plat may be filed concurrently.
D. Dedication or Reservation of Public Land: Where a tract to be subdivided contains all or any part of a planned park, recreation facility, school, open space, water facility, wastewater facility, public safety facility, flood control facility or other area shown on the General Plan as a public area, or required by Council as a public area, such site shall be dedicated to the Town of appropriate public entity or reserved for acquisition by the Town or appropriate public entity within a specified time period. The applicant and the Town or appropriate public agency shall reach an agreement regarding dedication or acquisition of the property for such purpose prior to consideration of final plat by the Council. If a parcel of property is to be reserved rather than dedicated, the Town may require the Subdivider to designate the reserved area on the final plat subject to the following conditions:
1. The land reserved shall be in the size and shape as to permit the remainder of the land area in which the reservation is located to develop in an orderly and efficient manner.
2. The public entity for whose benefit an area has been reserved shall have a period of one year after the recording of the 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 the filing of the preliminary 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.
3. If the public entity for whose benefit an area has been reserved does not exercise the reservation agreement set forth in paragraph 5.2.1(D)(3) above, within the agreed upon period of time, the reservation of such area shall terminate unless a mutually agreeable time extension is executed between the entity and the subdivider.
E. Outline of the Review Process: The preparation, review and approval of subdivisions within the Town Limits shall proceed through the following progressive stages:
1. Pre-Application Conference with Town staff;
2. Preliminary plat submittal: The preliminary plat will be reviewed by Town staff to ensure it is complete and consistent with these Subdivision Regulations; the complete preliminary plat submittal is then considered by Planning and Zoning Commission and Council;
3. Subdivision Technical Review - considered and reviewed by Town Staff and pertinent outside public service and utility agencies;
3. Final plat submittal - Includes review by the Town staff to ensure the Final Plat meets the requirements of these Subdivision Regulations and Subdivision Technical Review by Town staff and pertinent outside public service and utility agencies, all prior to consideration of the Final Plat by the Council.
5.2.2 PRE-APPLICATION CONFERENCE
Pre-application Conference: The pre-application conference precedes preparation of platting and improvement plans by the applicant. During this conference, applicants informally provide Town staff with an overview of the proposed land division, after which the Town staff advises the applicants of specific public objectives related to the subject tract, and provides the applicant with detailed information regarding platting procedures and requirements.
A. At the pre-application meeting, the applicant must provide a general outline of the proposed development including:
1. Sketch plan(s) and ideas regarding land use, street and lot arrangement, and tentative lot sizes.
2. Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.
B. Town staff will discuss the proposal with the applicant and provide input and suggestions regarding procedural steps, including the public hearing timeline, public policy objectives, design and improvement standards, and general platting requirements. Then, depending upon the scope of the proposed development, the Town staff will:
1. Check the existing General Plan land use designation for the proposed subdivision and determine if a General Plan amendment will be required and if such amendment will be obtained prior to additional processing of the application.
2. Check the existing zoning of the proposed subdivision and recommend changes in zoning if necessary or desirable.
3. Provide the applicant with information regarding existing and proposed schools, parks, and other public places, and inform the applicant of the Town’s requirements for infrastructure improvements required for the proposed subdivision.
4. Inspect the site or otherwise determine its relationship to major streets, utility systems, and adjacent land uses, and identify any unusual problems, including but not limited to those related to topography, utilities, and drainage.
5. Determine whether a Development Master Plan (DMP) will be required prior to the preparation of a preliminary plat, and the extent to which the property owner will be required to prepare it.
C. Subdivision Referral and Approval Process: Within fifteen (15) calendar days after the pre- application conference, the Zoning Administrator or his/her designee will send a written notice to the subdivider with staff’s recommendations related to preparation and submittal of a preliminary plat by developer to be considered by the Planning and Zoning Commission and the Council, and with a determination as to whether a Development Master Plan will be required pursuant to 5.2.2(D) of these Subdivision Regulations. If the proposed subdivision does not require a Development Master Plan, the subdivider may proceed with the preparation of a preliminary plat to be considered by the Planning and Zoning Commission and the Council. As a prerequisite of preliminary plat review by the Development Services Director and the Public Works Director, the subdivider shall submit copies of letters written to the following agencies informing them of the intent to subdivide and to learn the general requirement for public utilities and public dedications applicable to the subdivision needs:
1. Appropriate public utilities
2. Cable television and communication companies
3. Chino Valley Unified School District
4. Yavapai County Health Department
5. ADOT
6. U.S.D.A. Soil Conservation Service
7. Yavapai Flood Control District
D. Development Master Plan: A DMP shall be required prior to the preparation of a preliminary plat if any of the following apply: (i) the tract is larger than 100 acres; (ii) the tract is to be developed in multiple phases or if the tract is only a portion of a larger landholding of the subdivider; or (iii) the tract is part of a larger land area the development of which is complicated by unusual topographic, utility, land use, land ownership, or other conditions. As part of the notification described in 5.2.2(C) above, the Zoning Administrator or his/her designee shall notify the subdivider of the requirement to prepare a DMP. To ensure cohesive development, the subdivider may include areas within its DMP that are anticipated for future acquisition. If subdivider is requesting a zone change as part of the development, the conceptual land use plan required for such zone change application may, at the reasonable discretion of the Zoning Administrator or his/her designee, serve as the DMP for the subdivision.
1. Preparation: Development Master Plans must be prepared to a scale and accuracy commensurate with their purposes, and must include:
a. General street pattern with particular attention to collector streets and future circulation throughout the development;
b. General location and size of existing and proposed school sites, parks, and other public areas;
c. Location of shopping centers, multiple-family residential or other non-residential land uses;
d. Methods proposed for sewage disposal, water supply and storm drainage;
e. Approximate densities and intensities of various land uses.
2. Phasing Plan: If development is to take place in several stages, the DMP must be submitted as a supporting document for each stage. The DMP must be kept up to date by the subdivider as modifications take place.
3. Approval: After Town staff has determined the required elements in 5.2.2(D)(1) are included in the proposed DMP, the DMP shall be forwarded to the Planning and Zoning Commission and the Council for review and approval. Upon acceptance of the general design approach by the Commission and the Council, the subdivider may submit a preliminary plat for review.
(Ord. 2020-885, passed 9-8-2020)
5.2.3 PRELIMINARY PLAT
To ensure that a subdivision complies with the most-current edition of these Subdivision Regulations, preliminary plats must be submitted to the Town for review no later than 120 calendar days after (i) the date of the Zoning Administrator’s comment letter described in paragraph 5.2.2(C) in the case where a DMP is not required, and (ii) the date of Council approval of the DMP as described in paragraph 5.2.2(D)(3), an applicant shall apply for a preliminary plat or submit a Development Master Plan (DMP); provided, however, that this time period may be extended by the Zoning Administrator to a time mutually agreed upon with the subdivider if the result of such extension will not cause the comment letter described in paragraph 5.2.2(C) to be inconsistent with a later change to the Subdivision Regulations.
A. Application Procedures and Requirements in General: The preliminary plat stage of land subdivision involves detailed subdivision planning, submittal, review, and approval of the preliminary plat. The preliminary plat must substantially conform to the conceptual land use plan provided to the Town during the pre-application meeting described in Section 5.2.2 and, if applicable, to the approved DMP. A preliminary plat may only be submitted for review subsequent to the issuance of the Zoning Administrator’s comment letter described in 5.2.2(C) and must be accompanied by payment of the prescribed fee. The subdivider must provide all essential information outlined below to enable the Zoning Administrator to determine the character and general acceptability of the proposed development.
B. Preliminary plat Submission: In addition to a completed preliminary plat application form, a complete submittal shall include a digital copy of the preliminary plat, or if the applicant is unable to produce a digital copy, twelve (12) blueline (or blackline) copies of the preliminary plat, which must be scaled to fit on one twenty-four (24) inches by thirty-six (36) inches sheet (where practical, although the scale may not exceed one hundred (100) feet to the inch), in addition to two eleven (11) inches by seventeen (17) inches reduced copies; whether digital or in blueline (or blackline), the preliminary plat must show:
1. Identification and Descriptive Data
a. Proposed subdivision name, location by Township, range, and section, and reference by dimension and bearing to a section or quarter section corner.
b. North arrow, scale, and date of preparation.
c. Name, address and phone number of the owner, and the engineer, surveyor, landscape architect, or land planner who prepared the preliminary plat.
d. Vicinity map showing the relationship of the proposed subdivision to main traffic arterials and any other landmarks that would help to locate the project.
e. Property owners name, fee number or assessor’s parcel numbers for all abutting properties.
f. Legal description of the property.
2. Existing Conditions Data
a. Topography by one (1), two (2) or five (5) foot contour intervals adequate to reflect the character and drainage of the land as determined by the Public Works Director, and related to U.S. Coastal and Geodetic Survey (USC&GS) datum, or other datum approved by the Public Works Director.
b. Surveyed location of all existing improvements on public rights-of-way and private property including land use, structures and fences, walls, shacks, barns, utility lines, wells, streams, irrigation canals and structures, private and public culverts, ditches, washes, lakes, water features of all types, direction of flow, flow pattern, location and extent of areas subject to inundation, and whether such inundation is frequent, periodic, or occasional and data regarding frequency.
c. Location, width, and names of all platted streets, drainage and utility easements, public areas, and municipal boundaries within, adjacent to, or extending from the property.
d. Location of historic and archaeological sites, if any.
e. Acreage and zoning of the property and abutting properties.
f. Complete boundary dimensions of the property and engineer's calculations and estimated values for each tributary storm runoff channel for ten (10), fifty (50), and one hundred (100)-year frequency storms (the values should be indicated along the boundary of the survey map for all points of drainage entering and exiting the property).
g. Evidence of adequate access from an existing public right-of-way.
3. Proposed Conditions Data
a. Proposed lot configuration, including approximate size and dimensions of each lot, and identification of each lot by number, and total number of lots; building setback lines; street layout, including location, width, curve radii, and proposed names.
b. Lot and tract table, containing the overall size of each lot, and Identification of average and minimum lot size(s).
c. Designation of all land(s) to be dedicated and reserved for public use with use and acreage for each indicated.
d. Location of all proposed private and controlled access streets and identification of all access devices on local streets within the subdivision; their means of accomplishing access control (e.g. signage, traffic barriers, gates, etc.) and monitoring devices and facilities; and their hours of operation and standards and procedures for admittance.
e. Location and description of proposed and existing utilities within the subdivision; location of all above-ground utilities cabinets and facilities; location of water and sewer mains with respect to property lines, easements and/or street centerlines, with line sizes and valve/manhole locations shown.
f. Location of the permanent subdivision identification sign(s).
g. Location of all proposed fire hydrants within the subdivision.
h. Location of vehicular non-access easements.
i. Typical maximum construction envelope containing minimum building setbacks and maximum lot coverage permitted; non-typical buildings setbacks shall be specifically noted.
j. Location of water wells, streams, ditches, washes, lakes, or other water features; direction of flow; 100-year flood plain; location and extent of areas subject to inundation, whether such inundation is frequent, periodic or occasional, within the subdivision boundaries and 200 feet beyond such boundaries. In addition, the proposed location(s) of storm-water detention facilities shall be indicated.
k. A statement whether the proposed sewage disposal system will be by individual lot septic tanks or Town sewer.
l. A statement as to the types of potable water facilities proposed shall be included with the preliminary plat application. Such statement shall show evidence of adequate volume and quality of proposed water supply and facilities to the satisfaction of the Public Works Director.
m. Preliminary calculations and description of proposed stormwater disposal outlets in a form acceptable to the Public Works Director.
4. Additional Information and Requirements
a. An electronic copy of the preliminary plat on disk or other digital format compatible with the Town computer database. Typically, the form of these files will be in DXF, DWG or other similar industry-standard digital file (latest edition of AutoCAD or similar).
b. Payment of prescribed filing fee.
c. A preliminary draft or outline of conditions, covenants and restrictions that demonstrate the proposed theme and character of the proposed subdivision.
d. Such other information as, in the reasonable opinion of the Zoning Administrator or his/her designee, will be required to complete a thorough analysis of the preliminary plat in terms of its compliance with all Town Codes, ordinances, rules and regulations.
e. Water Certificates for assured water supply shall be required in accordance with A.R.S. § 45-576, as amended and as may be supplemented by rules promulgated by the Arizona Department of Water Resources.
C. Preliminary plat Review and Approval
1. Upon acceptance of an application for approval of a preliminary plat, the Zoning Administrator or his/her designee will have five (5) working days to advise the applicant if the submittal is complete. Copies of complete applications will be forwarded to the Town departments and utility and public safety agencies that serve the area for their review and comment.
2. The reviewing agencies and departments shall transmit their comments and recommendations to the Zoning Administrator or his/her designee. The Zoning Administrator or his/her designee will then summarize the comments and recommendations, prepare a staff report, and present it to the Commission.
3. The Commission shall consider the proposed preliminary plat at a properly posted and advertised public meeting. The Commission shall provide a recommendation to the Council to approve the preliminary plat as submitted, to approve the preliminary plat with conditions, or to deny the preliminary plat.
4. After the Planning and Zoning Commission has forwarded its recommendation to the Council, the Council shall consider the proposed preliminary plat at a properly posted and advertised public meeting. The Council may approve the preliminary plat as submitted, approve the preliminary plat with conditions as recommended by the Commission, approve the preliminary plat with additional or modified conditions, or deny the preliminary plat.
5. Preliminary plat approval constitutes authorization for the subdivider to proceed with the preparation and submittal of engineering plans and specifications for public infrastructure improvements and the final plat. Preliminary plat approval does not ensure final plat approval.
6. Each approved preliminary plat shall expire if a final plat for that property has not been submitted within three (3) years of the preliminary plat approval.
5.2.4 FINAL PLAT
When the subdivider submits an application for final plat approval, all required documents, civils, and plans outlined below shall be required for a complete application. The Town will not accept any application if all required submittal documents are not included. The time limitations for expiration of the preliminary plat will not be extended by submittal of an incomplete application.
A. Application Procedure and Requirements
1. In General: The final plat will be processed in stages involving the final design of the subdivision, submittal of engineering plans and specifications (if not already completed), final CC&Rs clearly setting forth the requirements for property owners form and operate a homeowners' association to maintain private streets, satisfactory assurance documentation, execution of a development agreement (if applicable), and signing of an infrastructure improvement agreement.
2. Zoning: The zoning of a tract must permit the proposed development. If a zoning amendment is required to enable the property to be developed as proposed, the rezoning must be approved by Council prior to approval of a final plat; provided that the subdivider must file an application for such rezoning prior to consideration of the preliminary plat. In the event a preliminary plat is not required as permitted in Section 5.2.7.
3. Easements:
a. The subdivider shall be responsible for providing on the final plat, prior to plat approval, the location and width of all easements necessary to provide the infrastructure improvements required by these Subdivision Regulations. All easements shown on the final plat shall be accompanied by the necessary dedication and acceptance statements to convey the easement to the appropriate person or entity to meet the requirements of these Subdivision Regulations.
b. The following notation shall be placed on all final plats: "Construction within easements, except by public agencies and utility companies, shall be limited to utilities, fencing (wood, wire or removable section-type), and/or landscaping. Utility companies will not be required to replace any obstructions or landscaping that must be removed during the course of maintenance, construction, or reconstruction within any utility easement."
4. Technical Review: The subdivider must submit the documents below at the same time as the application for final plat approval.
a. A complete set of engineering plans and specifications prepared by a civil engineer who is currently registered in the State of Arizona, including water, sanitary sewer, streets, grading and drainage and all other improvements; such plans and specifications shall be designed based upon the approved preliminary plat.
b. The final plat shall not be presented to Council until all engineering plans have been approved by the Development Services Director, the Public Works Director, and other applicable review agencies.
c. When applicable, for water and sewer mainline extensions, the subdivider must furnish to the Arizona Department of Environmental Quality (ADEQ) and the Town's Public Works Director such evidence as the ADEQ may require regarding the adequacy of the design and operation of the proposed potable water and sanitary sewerage facilities. Applications for plan review by ADEQ may only be made with written authorization of the Public Works Director. For the purposes of calculating distances for required water and sewer improvements, extension of utilities shall be measured from property line of the parent parcel that is closest to the existing water or sewer lines. If the proposed sewage disposal system will be by individual lot septic tanks, where permitted, the result of the percolation test and test boring logs shall be submitted to the Public Works Director.
d. In conjunction with all necessary engineering plans prescribed in these Subdivision Regulations, the subdivider shall provide a Comprehensive Development Plan (CDP) that illustrates the physical relationship of all proposed utility improvements for the proposed subdivision. This plan shall cumulatively index all proposed utility improvements for future reference, and help coordinate ongoing development within the Town.
(1) The subdivider may submit a preliminary CDP for Town staff review with the preliminary plat, or prior to the preparation and submittal of a final CDP and other engineering or improvement plans.
(2) The CDP shall depict the following:
i. Proposed location and separation of all public improvements and how they relate to the lots or blocks of the subdivision.
ii. Approximate distances and measurements of all proposed rights-of-way, easements, one hundred (100)-year floodplain limits for regulatory flows, utility placements, edge of pavement, curb, gutter, and sidewalk (if required); drainage structures and building envelopes for each lot.
iii. Topographic contours with an interval of between two (2) and ten (10) feet. The topographic mapping should extend fifty (50) feet beyond the subdivision boundaries. Spot elevations for the proposed grading should be provided at various locations to assist in determining the suitability of topography for the proposed subdivision.
iv. Phase lines, phase numbers and infrastructure to be provided in each phase.
e. Until such time as the Town formally adopts its own Engineering Design Details, the subdivider shall be required to use the Maricopa Association of Governments Standard Specifications and Details (most recent version), the Quad City Standards as published by the City of Prescott, and the Yavapai County Drainage Manual.
B. Final plat Submission: A complete Final Plat application submittal shall include the following:
1. Two (2) copies of a record plat drawn in permanent black ink on linen or mylar on a twenty-four (24) inches by thirty-six (36) inches sheet with the scale not to exceed one hundred (100) feet to one (1) inch. The Zoning Administrator or his/her designee may permit a variation in that scale if there is a unique or unusual size or shape to the subject property. If more than two (2) sheets are required for the drafting of the final plat, an index sheet of the same dimensions illustrating the layout of the entire subdivision shall be included.
2. A certificate or letter from each utility company providing service to the area indicating approval of the plans for utility installations and confirming the availability of services.
3. An Arizona Department of Transportation access permit, where required.
4. An Infrastructure Improvement Agreement, completed and recorded, between the subdivider and the Town, including all required bonds to cover warranties.
5. A completion date for the construction of the improvements. Council shall approve the completion date as part of the final plat approval. The completion date for the improvements should not exceed two (2) years from the date of such approval. If subdivider fails to complete the improvements by the completion date, the Council may, in its sole discretion, draw upon the assurances described hereafter to complete the improvements.
6. In addition to the paper submittal required above, an electronic version of the final plat, in digital format compatible with the Town's computer database (DXF, DWG or other similar digital file developed with the latest AutoCAD or ArcGIS), to facilitate the inclusion of the final plat into the Town's parcel database.
7. A copy of the subdivision's proposed covenants, conditions and restrictions (CC&Rs). The CC&R submittal, including any HOA requirements as set forth in these Subdivision Regulations, shall be in recordable format and shall be submitted and recorded with the final plat.
8. Identification Data
a. A title that includes the name of the subdivision and its location by section, township, and range.
b. Name, address, registration number, and valid seal of the registered land surveyor who prepared the plat.
c. Names, addresses, and signatures of all owners of record.
d. Names and addresses of the engineer and applicant for the project.
9. Survey Data
a. Subdivision boundary lines and corners, together with courses and distances and all curve or angle data. Subdivision corners must be shown and must close on the ground within 0.05 foot per one hundred (100) feet; other monuments, lot corners, and other survey points must also be described and located. One (1) tie must be made by true course and distance to a GLO corner, or, if none exists, to a corner of common acceptance. Proposed subdivisions adjacent to existing subdivisions must tie to the corners of the existing subdivisions. Adjoining property must be identified by subdivision name, or as "unsubdivided" if applicable. Forest Service lands must be identified. All connecting streets (public and private) and Forest Service roads must be shown and named.
b. Name, courses, length and width of all streets and street cross sections; radii, points of tangency, and central angles of all curvilinear streets; radii of all rounded street line intersections; location, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the public; and a statement noting that the streets dedicated on the plat will not be accepted for Town maintenance until they are brought up to minimum Town standards.
c. Certification by a registered professional land surveyor that all lots are staked, or will be staked within six (6) months.
10. Existing Conditions Data
a. Utility easements intended to remain on the property, including a reference to the recorded documents that granted the easements.
b. Drainage easements intended to remain on the property, with the following notation: "Natural, unimpeded flow is preferred in all drainage ways, wherever practical. No structure of any kind may be constructed or placed, nor may any vegetation be planted nor be allowed to grow within, on or over any drainage easement, which would obstruct or divert the flow of storm water. The Town may construct and/or maintain drainage facilities on or upon or under the land in any drainage easement."
c. Zoning on surrounding properties.
11. Descriptive Data Required:
a. Name, right-of-way lines, courses, lengths, width of all streets, crosswalks, and utility easements; radii, points of tangency and central angles of all curvilinear streets and rounded street line intersections.
b. Utility easements shown in the manner and including the information required as part of the preliminary plat submittal.
c. All drainage ways, including rights-of-way or easements for all major drainage ways, as designated by the Public Works Director, which shall be dedicated to the public on the face of the plat.
d. Location and dimension of all residential lots, including identification of each lot by number and size of each lot, total number of lots and average and minimum lot sizes.
e. All residential lots shall be numbered by consecutive numbers throughout the plat. "Exception" parcels, "tracts" and amenities such as parks shall be so designated, lettered or named and clearly dimensioned.
f. Locations, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the public, with the use clearly indicated.
g. Location of all adjoining subdivisions with date, map and page number of recordation noted, or if unrecorded or unsubdivided, so marked.
12. Assurances:
a. In order to ensure proper installation of subdivision improvements, the subdivider shall designate the type of assurance in a form and method acceptable to the Town Attorney and approved by Council in conjunction with review of the final plat. A final copy of the assurance shall be submitted to the Zoning Administrator within ninety (90) calendar days of Council approval, and prior to the recordation of any final plat approved by Council.
b. The amount of the assurance shall be based on a cost estimate prepared by a registered civil engineer in an amount to cover one hundred ten percent (110%) of the complete installation of the improvements. This assurance shall provide for its forfeiture to the Town in the event the Town does not accept the improvements by the declared completion date due to the default of the subdivider. Any portion of the forfeiture in excess of the expenses incurred by the Town in connection with the installation of the improvements shall be returned to the subdivider. The owner must provide the Town with one of the following types of financial assurances for the completion of the construction of the improvements required for the development of the subdivision:
(1) Surety Bond
i. A surety bond shall be executed by the subdivider with a corporation duly licensed and authorized to transact surety business in the State of Arizona, as surety. The bond shall be in favor of the Town, shall be continuous in form, and shall require that the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond, regardless of the number of years the bond is in force.
ii. The bond shall be released upon satisfactory performance of the work and its acceptance by the Town according to its customary requirements.
iii. The bond may be only cancelled by the subdivider if other security, satisfactory to the Town Attorney, has been deposited with the Town in an amount that will cover the obligations of the subdivider that remain to be performed.
iv. Any work abandoned or not completed by the subdivider may be completed by the Town, which shall recover the construction costs first from cash deposit or the bond, and second from the subdivider as to any amounts not covered by the cash deposit or the bond.
(2) Irrevocable Letter of Credit
i. A letter of credit shall be provided by a banking institution authorized to transact business in the State of Arizona. The letter of credit shall be in favor of the Town for the full amount of the required assurance.
ii. The letter of credit shall be released upon satisfactory performance of the work and its acceptance by the Town according to its customary requirements. In the Town's sole discretion as infrastructure is completed, the subdivider may subsequently replace the original letter of credit with substitute letters of credit as the required infrastructure is completed and accepted, so long as the total amount available to the Town is at all times sufficient to cover the cost of the remaining infrastructure to be built.
iii. The letter of credit will only be surrendered by the Town if the subdivider provides other security to the Town, in a form satisfactory to the Town Attorney, and in an amount that will ensure completion of the subdivider's obligations that remain to be performed.
iv. Any work abandoned or not completed by the subdivider may be completed by the Town, which shall recover the construction costs first from the letter of credit, and second from the subdivider as to any amounts not covered by the letter of credit.
(3) Cash or Certified Check
i. A cash deposit for the full amount of the required assurance in an account held by subdivider separate from other subdivider accounts, at a banking institution authorized to transact business in the State of Arizona. The subdivider shall execute a deposit account control agreement in the Town's favor, authorizing the Town to have exclusive control over the account until all of subdivider's obligations have been met.
ii. The cash deposit shall be released upon satisfactory performance of the work and its acceptance by the Town according to its customary requirements. In the Town's sole discretion as infrastructure is completed, the Town may release amounts from the account as the required infrastructure is completed and accepted, so long as the total amount available to the Town is at all times sufficient to cover the cost of the remaining infrastructure to be built.
iii. The cash deposit will only be surrendered by the Town if the subdivider provides other security to the Town, in a form satisfactory to the Town Attorney, and in an amount that will ensure completion of the subdivider's obligations that remain to be performed.
iv. Any work abandoned or not completed by the subdivider may be completed by the Town, which shall recover the construction costs first from the cash on deposit, and second from the subdivider as to any amounts not covered by the cash on deposit.
(4) Alternative Assurances. In lieu of providing cash, a letter of credit, or a surety bond, the Town Attorney may approve and recommend to Council such alternative assurances that it deems sufficient to guarantee and assure construction of the required improvements.
c. When no adjacent arterial or collector (as identified on the Chino Valley Streets Master Plan) is being constructed and the improvement of an arterial or collector street by a governmental agency is anticipated in the short-term future, the subdivider shall deposit the current estimated cost of improving the abutting half street with the Town in full satisfaction of its responsibility to the Town for such half-street improvements.
13. Dedication and acknowledgment - A statement dedicating all streets and easements for public use by the person holding legal title of record to the property. If the property contains any liens, all lien holders shall execute an appropriate release for all dedications. If the plat shows private access ways, it must include the appropriate easements to allow for use by, and access to, public utility providers, refuse collectors, and other public services. All signatures for dedication and acknowledgment shall be notarized.
14. Final plat Review and Approval
a. Complete Application: Upon acceptance of an application for approval of a final plat, the Zoning Administrator or his/her designee will have five (5) working days to advise the applicant if the submittal is complete. Copies of complete applications will be sent to the Town departments and utility and public safety agencies that serve the area. No application shall be deemed complete unless it includes all of the required items set forth above.
b. The Commission shall consider the final plat at a properly posted and advertised public meeting. The Commission shall provide a recommendation to the Council to approve the final plat, as submitted, to approve final plat with conditions, or to deny the final plat.
c. After the Planning and Zoning Commission has forwarded its recommendation to the Council, the Council shall consider the proposed final plat at a properly posted and advertised public meeting. The Council may approve the final plat as submitted, approve the final plat with conditions as recommended by the Commission, approve the final plat with additional or modified conditions, or deny the final plat.
d. Recordation: Upon receipt of the required assurances, and proof of adequate water supply, the Zoning Administrator or his/her designee will have the final plat recorded and provide a recorded copy of the plat to the applicant.
e. Each approved final plat shall expire if not recorded within one (1) year of receiving approval from the Town Council.
(Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022)
5.2.5 SUBDIVISION PLAT AMENDMENTS
There are three (3) types of plat amendments that apply to any recorded subdivision:
A. Replat: The following activities shall be considered a replat and require an application and processing with the Final Plat procedures and subsequent approval by the Council:
1. Any division of a lot or lots in a recorded subdivision resulting in an increase in the total number of lots in that subdivision.
2. Any revision to a final plat involving dedication or abandonment of land for a public street, public easement, or other public rights-of-way.
3. Any change in lot lines in a recorded subdivision affecting 5% or more of the total lot area within the subdivision; provided that no such adjustments shall be permitted to reduce lot sizes below the minimum for the applicable zoning category.
4. Any changes in the location of streets, easements or and other rights-of-way that are adjacent to 10% or more of the lots in a subdivision.
5. Any changes in the exterior boundary of a recorded subdivision.
B. Lot Line Adjustment: The following activities shall be considered a lot line adjustment and shall require an application in accordance and processing with the Final Plat procedures, but may be administratively approved by the Development Services Director. Notwithstanding the above, the Development Services Director may request and the Council may direct that any re-plat request be acted on by the Council.
1. Any joining or merger of lots in a recorded subdivision.
2. Any joining of lots and subsequent division of those same lots in a recorded subdivision, so long as such division results in no increase in the total number of lots in that subdivision.
3. Any changes in lot lines that result in only nominal increases or decreases of lot sizes (less than 5% of total lot area).
4. Any nominal changes (adjacent to 10% or fewer of the lots in a subdivision) in the location of streets, easements, and other rights-of-way.
C. Plat Correction: An amendment to a plat for the sole purpose of correcting a scrivener's error, such as for a distance or course, may be administratively approved by the Development Services Director with the correction noted and the plat labeled as "Amended Map of ______."
(Ord. 2020-885, passed 9-8-2020)
5.2.6 LAND SPLITS AND OTHER DIVISIONS OF LAND NOT REQUIRING A SUBDIVISION
Land splits or divisions of land not meeting the definition of land split or subdivision do not require the submission and approval of preliminary and/or final plats. Such divisions do not include or allow for a land split or further division of previously-subdivided land. Land splits with a resulting lot size of less than one (1) acre in size do not qualify for land splits and are required to go through the subdivision process.
A. All parcels or lots created by any division of land must meet the minimum parcel size applicable under the current zoning of the lots or parcels created by the division of land.
B. All parcels or lots created in a division of land shall have the required frontage on a dedicated and improved street. If a parcel or lot does not have the required frontage (determined by the zoning) on a dedicated and improved street (public or private), then the applicant shall be required to go through the subdivision process.
C. The proposed division of land may not modify lot lines in a manner that would cause building setbacks to be less than required by the underlying zoning or increase the non-conformance of an already non-conforming structure relating to building setbacks.
D. The parcels or lots created by the division of land shall have permanent legal access by connecting to a street that is part of the public access system, or to a private street created by a properly recorded plat.
E. A person proposing a land split shall submit a Record of Survey prepared by a civil engineer or registered land surveyor licensed in Arizona that reflects the lots or parcels created by the land split and the required legal access for the lots or parcels created, as set forth in Subsection 5.2.6(D). The access required to be depicted on the Record of Survey shall be only that portion leading to a public street or a street that is part of the public access system. No building permit shall be issued for a lot or parcel created by a land split until the party seeking the building permit has provided the requisite Record of Survey reflecting compliance with this Section 5.2.6 and has paid the required fees for review and approval of land splits as those fees may be established by the Council. No building permit shall be issued for a lot or parcel created by a division of land other than a land split or a subdivision until the party seeking the building permit has provided the requisite Record of Survey reflecting compliance with this Section 5.2.6.
F. All land splits or divisions of land not meeting the definition of land split or subdivision shall be required to provide street improvements along the lot frontage proportional to the impact of the parcel on the existing or planned street and consistent with the improvements constructed by adjoining parcels, but in no event less than the required street improvements for private streets in subdivisions of fewer than three lots, as shown in Table 5.2 below. If the parcel is adjacent to a public arterial or collector street, in lieu of making the street improvements described in this paragraph, the owner of the new parcel may contribute an amount to the Town equal to the parcel's proportionate share of the improvements already made, or to be made, to the public street. After the owner makes such contribution, the Town shall be responsible for the costs related to any such improvements.
G. Extension of utilities shall be measured from the closest property line of the Parent Parcel.
H. When a parcel is divided via land split pursuant to this Section 5.2.6, the Zoning Administrator may require the applicant to include on the Record of Survey the following statement:
"The parcels depicted on this Record of Survey were created on the date of this survey, and any further division of the land shown on this Record of Survey shall be treated as a subdivision."
(Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022)
5.2.7 MINOR SUBDIVISION
The minor subdivision process provides relief from certain administrative requirements related to subdivisions of ten (10) or fewer lots with a resulting lot size of greater than or equal to one (1) acre in size. In order to utilize the minor subdivision process, the subdivider shall provide, as part of its application, certification that the land sought to be subdivided consists of ten (10) or fewer lots and that such subdivision is situated such that future extensions of streets therein cannot facilitate a subdivision of more than ten (10) lots. The minor subdivision process cannot be used for lots with a zoning classification of less than one (1) acre in size. Subdivisions meeting the requirements of a minor subdivision shall meet all of the requirements of these Subdivision Regulations except as follows:
A. Preliminary Plats. Subdividers of minor subdivisions shall be permitted to seek final plat approval in a single stage, without the need for a preliminary plat approval by the Commission.
B. Drainage Design. A minor subdivision subdivider shall not be required to submit an engineered drainage study as required by Section 5.3.5(H) of these Subdivision Regulations; provided, however that the subdivider shall be required to provide documentation containing sufficient detail, as determined by the Public Works Director, to show the drainage for the subdivision will meet the requirements of Sections 5.3.5(A)–(G) of these Subdivision Regulations.
C. Traffic Study. A minor subdivision subdivider shall not be required to submit an engineered traffic study as required by Section 5.3.1(C)(2) of these Subdivision Regulations; provided, however that the subdivider shall be required to provide documentation containing sufficient detail, as determined by the Public Works Director, to show how traffic from the subdivision will safely join the existing street system.
D. Geotechnical Report. A minor subdivision subdivider shall not be required to submit a geotechnical report as required by Section 5.4(E) of these Subdivision Regulations; provided, however that the subdivider shall be required to provide documentation containing sufficient detail, as determined by the Public Works Director, to show that safe, durable streets will be constructed.
(Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022)
5.2.8 RURAL SUBDIVISION
Property with an underlying residential zoning designation of one acre or larger may be developed as a rural subdivision. Unless also permitted to utilize the reduced procedural requirements of a minor subdivision, all rural subdivisions shall follow the submittal and review requirements for subdivisions under these Subdivision Regulations. Rural subdivisions shall be required to meet the subdivision improvement standards set forth in these Subdivision Regulations, except for the following:
A. Private Streets. Rural subdivisions may utilize private streets meeting the requirements set forth in Table 5.2.
B. Sidewalks, vertical curb and gutter, as described in Table 5.1.
(Ord. 2020-885, passed 9-8-2020)
5.3.1 STREET LOCATION AND ARRANGEMENT
A. The arrangement, character, extent, width, grade, and location of all streets should conform to the Town's General Plan Circulation/Transportation Element and Transportation Plan and should ensure public safety and convenience, and respond to existing natural features of terrain, vegetation, and drainage.
B. Street layout shall provide for the continuation of existing principal streets through new subdivisions. Principal streets shall typically follow section or mid-section lines, however, if the alignment is impractical then principal street right-of-way should be provided at least every three thousand (3,000) feet.
C. Proposed streets shall be arranged to provide future connection with adjoining unplatted lands.
1. Street connections to an adjoining platted tract shall be made only to those extended streets of the platted tract.
2. Street connections shall be designed to accommodate the amount of increased traffic flow generated by the proposed subdivision, as determined by an engineered traffic study or as approved by the Public Works Department.
D. Local streets shall be so arranged as to discourage their use by through traffic. If topography allows and suitable alternate locations are available, the subdivider shall provide at least two (2) points of access for ingress/egress into the subdivision.
E. The maximum length of cul-de-sac streets shall be one thousand, five hundred (1,500) feet measured from the intersection of the right-of-way lines to the extreme depth of the turning circle along the street centerline. Regardless of length, no cul-de-sac shall provide access to more than twenty-five (25) single family residences.
F. Where a proposed subdivision abuts or contains an existing or proposed arterial and collector routes, sufficient right-of-way may be required for access, frontage streets, and/or turning movements or for reverse frontage combined with a one (1) foot non-vehicular access easement abutting the major route; or for such other treatment as may be justified for protection of residential properties from traffic hazards occurring on the major route.
G. Where a subdivision abuts or contains the right-of-way of a limited access highway or an irrigation canal or abuts a commercial or industrial land use, the Zoning Administrator or his/her designee may recommend location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of the intervening land. Such distance shall be determined with due regard for approach grades, drainage, bridges or future grade separations.
H. Streets shall be so arranged in relation to existing topography as to produce desirable lots of maximum utility and streets of reasonable gradient and to facilitate adequate drainage.
I. No alleys may be constructed in residential, commercial, and industrial subdivisions, except that the Zoning Administrator or his/her designee may waive the requirements in certain areas because of topography, open space provided or service access.
J. Half streets shall be discouraged, but may be permissible where necessary to provide right-of-way required by the Town's General Plan and Transportation Plan, to complete a street pattern already begun or to assure reasonable development of a number of adjoining parcels. The minimum paved street width of a half street is twenty (20) feet. Where there exists a platted half street abutting the tract to be subdivided, the remaining half shall be platted within the tract. In lieu of the actual construction of a half street, the subdivider may provide the Town a cash payment for the probable cost of the half street. The amount of the cash payment shall be determined by a registered civil engineer and must be approved by the Public Works Director. Such funds will be held on deposit by the Town until such time as the Town proceeds to improve the full width of the street.
K. A minimum of two (2) permanent reference survey monuments shall be required for a street as a recoverable point for future surveys.
(Ord. 2020-885, passed 9-8-2020)
5.3.2 STREET DESIGN
All streets in the Town, unless otherwise specified in these Subdivision Regulations, shall be designed to the standards in this subsection and as follows:
A. Minimum required Right-of-Way widths shall be provided as set forth in Table 5-1 below. Additionally, the following standards shall apply:
1. Cul-de-sac streets shall terminate in a circular right-of-way sixty (60) feet in radius with a minimum improved traffic turning circle forty-eight (48) feet in radius.
2. Dead end streets will not be approved except in locations designated by the Zoning Administrator or his/her designee as necessary for future extension to facilitate development of adjacent lands. A dead end street serving more than four (4) lots shall provide a temporary turning circle with a forty-eight (48) foot radius or other acceptable design to accomplish adequate access.
3. Local roads for commercial or industrial subdivisions are highly recommended at sixty (60) feet. However, when the size of subdivisions or other factors limit the inclusion of the sixty (60)-foot rights-of-way, the Zoning Administrator or his/her designee may approve the use of fifty (50)-foot rights-of-way with all intersection chamfers at forty-five (45) feet.
4. Access or frontage streets shall be provided as required by a traffic impact study.
Table 5-1 Town Public Street Minimum Design Standards | |||||||
Item | Principal Arterial (1) |
Urban Arterial | Rural Arterial | Urban Collector | Urban Local Road SR-0.16, MR | Rural Local Road SR-1, SR-1.6, SR-2, SR-2.5, AR-4, AR-5, AR-36 | Commerci al & Industrial |
Minimum Right-of-way | Per ADOT(1) | 80' | 80' | 80' | 50'(4) | 50' | 60' |
Minimum Roadway Width w/o On Street Parking | Per ADOT | 51' | 24' | 28' | 24' | 20' - 24' | 28' |
Pavement Edge Treatment | 7" ADOT C&G | 6" Vert. C&G | 4' - 6' shoulder, each side, thickened edge | Vertical Curb | Rolled Curb | 4' - 6' shoulder each side, thickened edge | 6" Vert. C&G |
Sidewalk | 6' on each side | 5' Min. on each side(2) | None(3) | 5' Min. on one side(3) | 5' Min. on one side(3) | None(3) | 5' detached 6' Min. on each side(2) |
Street Design Notes (1) Currently, all principal arterial routes are state highways, owned and maintained by the Arizona Department of Transportation. (2) Sidewalk may be required on only one (1) side of the road with an increased width if approved by the Zoning Administrator or his/her designee and the Public Works Director. (Also, see note #3.) (3) A minimum of two (2) foot wide shoulders is required if no sidewalk is installed. These shoulders shall maintain the same slope as the pavement and shall be constructed of ABC or an approved equal. However, construction of sidewalks on collector roads shall be determined through a Development Agreement. Note: These standards are primarily for new roadway construction. These standards may be adjusted on projects involving rehabilitation or reconstruction of existing improvements as approved by the Public Works Director. (4) 62' versus 50-feet right-of-way options for urban level local street to accommodate subdivision that have on-street parking versus no on-street parking. | |||||||
Table 5-2 Rural Subdivision Private Street Minimum Design Standards(1) (2) | |||||||
Number of Lots(3) | Right-of-way Width | Subgrade | Base Depth | Surface Depth | Edge Improvements | Accept ROW? | |
Total Width
| Improvement Width
| ||||||
2 to 3 | 50 | 20 | 6" | 4" | 2" Dust free material | None | No |
4 to 10 | 50 | 24 | 6" | 6" | Double Chip | Ribbon/ Thickened Edge | No |
More than 10 | 50 | 24 | 6" | 6" | 3" Asphalt | Ribbon/ Thickened Edge | Council Discretion |
(1) Rural subdivision private streets shall meet the roadway geometric criteria and pavement structural section requirements set forth in Sections 5.3.2(A) - (D) of these Subdivision Regulations. (2) Subdividers utilizing rural subdivision private streets shall be required to meet the homeowners’ association requirements set forth in Section 5.3.2(E) of these Subdivision Regulations. (3) If the proposed subdivision serves as an access point to other lots or parcels, and the total number of potential remaining lots that could be developed, together with the proposed subdivision, is more than 10, the proposed subdivision shall make the “Improvement Width” the same as a development with 10 or more lots. As an example, if the proposed subdivision is three lots, but the private street could continue beyond the proposed subdivision to include more than 10 lots, the “Improvement Width” must be 24 feet. Surface Depth and Edge Improvements shall remain as listed for the proposed number of lots in the proposed subdivision. | |||||||
B. Grades
1. Maximum:
a. Arterial routes: as determined by the Public Works Director.
b. Collector streets eight (8) percent.
c. Local residential streets twelve (12) percent.
(Maximum longitudinal slopes of up to eighteen (18) percent may be used for a distance not to exceed three hundred (300) feet if existing terrain dictates, and if approved by the Public Works Director).
d. Cul-de-sacs eight (8) percent.
e. Intersections five (5) percent for a minimum of fifty (50) feet from points of intersection.
2. Minimum: all streets shall have a minimum longitudinal slope of four-tenths (0.4) percent.
3. Desirable: all streets six (6) percent.
4. Exceptions may be made upon showing of extraordinary circumstances by the subdivider and review and approval by the Public Works Director.
C. Vertical Curves
1. Arterial routes: Minimum length, one hundred (100) feet, or as determined by using the AASHTO Standards.
2. Collector and minor streets: Minimum length, one hundred (100) feet, or as determined by using the AASHTO Standards for residential streets, the length of the vertical curve may be reduced to fifty (50) feet if existing terrain dictates and if approved by the Public Works Director.
3. When the longitudinal grade for all streets changes with an algebraic difference of one (1) percent as measured between the tangent grades in percent, a vertical curve shall be provided.
D. Horizontal Alignment
1. Arterial routes: As determined by the Public Works Director.
2. When tangent center lines deflect from each other more than ten (10) degrees and less than ninety (90) degrees, they shall be connected by a curve with a minimum centerline radius of five hundred (500) feet for collector streets and one hundred fifty (150) feet for local streets.
3. Between reverse curves there shall be a tangent section of centerline not less than one hundred (100) feet long, unless the radius exceeds seven hundred fifty (750) feet on arterial and collector streets or two hundred fifty (250) feet on local streets, in which cases fifty (50) feet of tangent shall be required if approved by the Public Works Director.
4. Intersecting arterial and collector streets shall do so at an angle that shall not vary from ninety (90) degrees by more than ten (10) degrees; intersections of local streets shall not vary from ninety (90) degrees by more than fifteen (15) degrees.
5. Street jogs shall be avoided. Street intersections shall be a minimum of one hundred-fifty (150) feet apart unless otherwise approved by the Public Works Director.
6. Minor streets intersecting a collector street or arterial route shall have a tangent section of centerline at least one hundred fifty (150) feet in length measured from the right-of-way line of the major street; except that, no such tangent is required when the minor street curve has a centerline radius greater than four hundred (400) feet with the center located on the major street right-of-way line.
Where topographic conditions make necessary other treatment to secure the best overall design, these standards may be modified by the Public Works Director.
7. Street intersections with more than four (4) legs, and Y-type intersections where legs meet at acute angles shall be avoided.
8. At street intersections, property line corners shall be rounded by circular arc having a minimum chamfer length of thirty-five (35) feet for collector and arterial streets and twenty-five (25) feet for local streets.
E. Private Streets
1. Private streets in zoning districts that do not permit rural subdivisions shall be constructed to conform to current Town street standards, including but not limited to right-of-way widths, roadway geometric criteria, and pavement structural section. Private streets in zoning districts that allow rural subdivisions shall be constructed to conform to current Town street standards, including but not limited to right-of-way widths, roadway geometric criteria, and pavement structural section, except as specifically modified by Table 5-1 above.
2. If private streets are proposed for a subdivision, whether urban or rural, maintenance of such streets shall be solely the responsibility of the homeowners. A homeowners’ association shall be established at the time the final plat is approved with a mechanism for collecting funds to be placed in an escrow account for future maintenance of the private streets. A note shall be placed on the final plat that states, “All private streets shown on this plat shall be maintained by the homeowners association. The Town will not maintain these streets and will not take the streets into the public street system unless they are improved, at the sole expense of the property owners, to the Town public street standards that are in effect at the time of the request.”
3. An emergency rapid entry system for unrestricted entry of police and fire emergency vehicle at all gated locations shall be provided. For uniformity, the only allowable system shall be the “Knox Rapid Entry System.”
(Ord. 2020-885, passed 9-8-2020)
5.3.3 WATER FACILITIES DESIGN
Until September 1, 2025, any lot that is created in conformance with the requirements for (1) land splits not requiring a subdivision in Section 5.2.6, or (2) a combination of the minor subdivision and rural subdivision provisions in Sections 5.2.7 and 5.2.8 of these Subdivision Regulations, may be developed without connecting to the Town’s water system, even if the lot is served at the time of building permit application.
See Town Code Title V for all other regulations.
(Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022)
5.3.4 SEWER FACILITIES DESIGN
Until September 1, 2025, any lot that is created in conformance with the requirements for (1) land splits not requiring a subdivision in Section 5.2.6, or (2) a combination of the minor subdivision and rural subdivision provisions in Sections 5.2.7 and 5.2.8 of these Subdivision Regulations, and which otherwise meets the requirements of these Subdivision Regulations and any applicable law, regulation or ordinance, may be developed without connecting to the Town’s sewer system, even if the lot is served at the time of building permit application.
See Town Code Title V for all other regulations.
(Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022)
5.3.5 DRAINAGE DESIGN
A. Drainage and topography shall be a primary consideration of any subdivision.
B. The preservation of natural flood areas, streams, washes, arroyos, rivers or ephemeral drainage courses should be maintained, if possible, in their natural state. The limits of the ten (10) year flood event shall define the extent of the area of concern. The only exceptions are for roadway crossings and utility lines, if no other alternative exists. Subdividers are encouraged to preserve natural flood areas to the maximum extent possible.
C. Drainage layout and development shall meet all State and Federal requirements to allow residents of Chino Valley to purchase flood insurance, to receive disaster relief, to obtain real estate loans and to minimize flood damage.
D. Subdivision improvements that propose grading and/or grade changes shall not have an adverse impact on surrounding property. At the boundaries of the subdivision, all drainage and floodwaters shall be accepted and released so that the flow characteristics are minimally disturbed by providing appropriate entrance and exit transitions.
E. All weather access to all lots shall be provided during the regulatory flood, which means depths of flows over streets will not exceed one (1) foot to allow passage of emergency vehicles. The standard applies to both public and private streets.
F. All drainage ways that convey fifty (50) cubic feet per second or more during a one-hundred (100)-year flood event, shall be considered regulatory flood ways. Regulatory flood ways shall be maintained by the adjacent property owner within the subdivision, unless the Town has agreed to allow such flood ways to be dedicated to the Town with provisions for maintenance access ramps. Flows less than fifty (50) cubic feet per second shall be regulated for impacts to buildings and structures, particularly, the placement of the finished first floor or basement, and areas designated for containing such flows shall be identified as a common area or noted on the final plat as impacting a lot and the lot owner's responsibility for maintenance.
G. Drainage basins or watersheds with known flood hazards shall be designated as critical basins. Within designated critical basins, all proposed subdivisions shall address on-site detention for the two (2)-, ten (10)- and one hundred (100)-year flood events to mitigate the post-development drainage to the pre-development levels. If the subdivider can demonstrate that on-site detention will exacerbate the downstream condition then the Public Works Director may allow for modifications to the requirement.
H. A drainage study that addresses the hydrologic and hydraulic components relating to onsite and off-site drainage shall be developed for each subdivision. The study shall be prepared by a registered Arizona Professional Engineer. The drainage study shall be approved before the street improvement plans and final plat are approved. If the subdivision will be developed in phases, a master drainage plan will be required.
5.3.6 BLOCK DESIGN
A. Blocks should not exceed one thousand five hundred (1,500) feet in length between street centerlines. Variation from this requirement may be justified where topography or optimal lot configurations are achieved or when lot sizes average one-half acre or greater.
B. Blocks should have sufficient width for an optimal layout of two (2) tiers of lots of the size required by these Subdivision Regulations.
C. Where practical, pedestrian ways with a minimum width of ten (10) feet may be required at mid-block and/or internal connection locations where essential for access to schools, playgrounds, common open space or other community facilities. Pedestrian ways may be used for utility purposes.
(Ord. 2020-885, passed 9-8-2020)
5.3.7 LOT PLANNING
A. Lot width, depth, and area shall comply with the minimum development standards of the applicable zoning district.
B. Lots having double frontage should be avoided except where necessary to provide separation of the residential development from traffic collectors and arterials.
C. Corner lots should be a minimum of ten (10) feet wider than the interior lots within the same block.
D. The depth to width ratio of useable area shall be no greater than three (3) to one (1).
E. Grouping of wider side yards of no less than thirty (30) feet in combined width shall be encouraged to convey openness and privacy as well as create useable storage area.
F. Where gross densities of four (4) units to the acre or greater are provided, front yard setback lines should be staggered within a ten (10)-foot range to create a diversified streetscape. No front yard should be less than twenty (20) feet in depth, measured from the property line to the closest point of the structure.
G. Where a two (2)-story single-family dwelling is provided, the rear yard setback should be a minimum of thirty (30) feet.
(Ord. 2020-885, passed 9-8-2020)
5.3.8 EASEMENT PLANNING
A. Generally, a Public Utility Easement (PUE) shall be twenty (20) feet in width. The location of the PUE of shall be approved by the Public Works Director.
B. The subdivider must provide a one (1)-foot easement prohibiting vehicular access to and from arterials and collectors from rear yards of double frontage lots.
C. No wall structures are allowed or permitted within any Public Utility Easement (PUE).
(Ord. 2020-885, passed 9-8-2020)
5.5 ENFORCEMENT
Fines/Imprisonment: Any person, as principal, owner, agent, tenant, employee, or otherwise found violating these Subdivision Regulations, or violating or failing to comply with any order or regulation made hereunder, shall be guilty of a civil violation punishable as provided in these Subdivision Regulations. Such person shall be deemed guilty of a separate offense for each and every day during which any such violation or failure to comply with these regulations is committed, continued or permitted. All remedies provided for herein shall be cumulative and exclusive. A finding of guilty or responsible and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions. In addition to the other remedies provided herein, any adjacent or neighboring property owner who is damaged by the violation of any provision of these Subdivision Regulations may institute any action in law or equity to prevent or abate such violation.
Enforcement Action: Any division of property contrary to these Subdivision Regulations is hereby declared to be a public nuisance and the Town Attorney may, upon order of Council, or on his or her own initiative, immediately commence all necessary actions or proceedings for the abatement, enjoinment, and removal thereof in the manner provided by law; and may take such other lawful steps as may be necessary, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin, and restrain any person from violating these Subdivision Regulations.
(Ord. 2020-885, passed 9-8-2020)