Clarkdale City Zoning Code

CHAPTER 12

SUBDIVISION REGULATIONS

Prior legislation: Ordinance #445; Prior code 12-1-2, 12-1-6, 12-2-1, 12-2-2, 12-5-3 – 12-5-6, 12-6-4, 12-6-9, 12-6-11, 12-7-1 – 12-7-4.

Section 12-1-010 Title

This chapter shall be known as the “Subdivision Regulations of the Town of Clarkdale.” (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on )

Section 12-1-020 Authority, Applicability, and Jurisdiction

A. These regulations shall be governed by the Arizona Revised Statutes, Title 9, governing the division and platting of land pursuant thereto.

B. These regulations apply to all subdivisions, minor subdivisions and minor land divisions within the incorporated limits of the Town of Clarkdale. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

Section 12-1-030 Purpose and Intent

The provisions of these regulations shall be administered to ensure orderly growth and development and shall supplement and facilitate the provisions in the General Plan, Zoning Code, Official Maps and the Capital Improvement Plan.

The provisions of these regulations shall be held to be the minimum requirements for the promotion of the public’s health, safety, and general welfare. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on )

Section 12-1-040 Severability

If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which judgment shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on )

Section 12-1-050 Saving Provision

These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the Town under any section or provision existing at the time of adoption of these regulations, or vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the Town, except as shall be expressly provided for in these regulations. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on )

Section 12-1-060 Amendments

For the purpose of promoting the public’s health, safety and general welfare, the Town Council may from time to time amend upon the recommendation of the Planning Commission the provisions imposed by these subdivision regulations in the manner prescribed by law. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-070)

Section 12-1-070 Subdivision Amendments

Any changes, erasures, modifications or revisions made to the final plat after approval shall be processed in the same manner as the original approval by the Community Development Director or designee. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-080)

Section 12-1-080 Re-Subdivision of Land

For any change in a map of an approved or recorded subdivision plat, if such change affects any name, street layout shown on such map, or area reserved thereon for public use, or any lot line, or any improvements, such change(s) shall be approved by Community Development Director or designee in accordance with the same procedures and regulations as for a new subdivision.

The Community Development Director or designee may waive these procedures for minor revisions of lot lines between two (2) neighboring lots in a platted subdivision when no other change of the final plat is involved and the two (2) new lots conform to all Town Codes. If lots within an approved subdivision have been sold to individual property owners, the Town may require, at the Town’s discretion, signatures from all property owners within the subdivision be obtained and placed on the revised plat to be recorded. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-090)

Section 12-1-090 Abandonment (Reversion to Acreage)

A. If no lots in a subdivision, for which a final map has been approved and recorded, have been sold within twelve (12) months from the date of recordation and if all of the improvements have not been made within twelve (12) months of recordation, the Community Development Director or designee may determine whether the approval and recording of such final map should be revoked. Such revocation shall be in accordance with the Arizona Revised Statutes.

B. If no lots in a subdivision for which a final plat has been approved and recorded have been sold, the property owner(s) of all lots within a subdivision may submit an application to the Community Development Director or designee for reversion to acreage. This application shall include a survey and legal description presenting the property as reverted from the platted subdivision. The Community Development Director or designee shall distribute the request to the Subdivision Committee for review and comment. Upon Community Development Director or designee approval of the reversion and recording of the new property description, the Public Works Director will determine if any posted assurances may be released. An application fee of an amount established by the Town Council shall be paid at the time of filing.

C. The acreage shall be in conformance with the General Plan of the Town.

D. All reverted acreage shall have legal access to a public street or an approved private access easement.

E. Any other actions applicable to the above process and permitted by state laws are permissible.

F. Applications to abandon streets or easements shall be made pursuant to Arizona Revised Statutes and shall be carried on separately and simultaneously with any procedure to abandon a subdivision or revert it to acreage. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-100)

Section 12-1-100 Private Agreements

The provisions of these regulations are not intended to abrogate any easement, covenants or other existing agreements which are more restrictive than the provisions of these regulations. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-110)

Section 12-1-110 Prohibition Against Circumvention of Regulations

No person, firm, corporation, or other legal entity shall hereafter sell or offer for sale any lot, piece, or parcel of land which is within a subdivision, as defined in Chapter 2, without first having recorded a plat thereof in accordance with the provisions of these regulations. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-140)

Section 12-1-120 Violations and Penalties

A violation of this chapter by any person, firm, corporation, or other legal entity shall be punishable under Article 1-8 of the Town Code; any violation brought as a criminal misdemeanor offense shall be a class 1 misdemeanor. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-150)

Section 12-1-130 Subdivision Committee

The Subdivision Committee shall be responsible for the review of all major and minor subdivisions, including preliminary plats, final plats, and lot line adjustments.

A. Recommendations by the Subdivision Committee shall be based on the following findings:

1. The proposed project conforms to the adopted standards and policies of the Town.

2. The proposed project, as reviewed and approved, will not be detrimental to the public’s health, safety, and general welfare.

3. Environmental concerns conform to adopted standards.

4. The proposed project is consistent with provisions of the Zoning Code requirements applicable to the property.

5. The proposed project conforms to the improvement standards and design standards set forth in these Regulations and other applicable Town, county, state and federal regulations.

B. The Subdivision Committee shall consist of the following members or their duly authorized representatives:

1. Community Development Director; and

2. Public Works Director; and

3. Town Engineer; and

4. Water Resources Manager; and

5. Chief of Police; and

6. Fire Chief; and

7. Building Inspector; and

8. Flood Control: and

9. Yavapai County Health Department; and

10. Any other agency or municipality that Town staff deems necessary.

C. Representatives from the following may be included at the discretion of the Community Development Director:

1. School districts; or

2. Arizona Public Service (APS); or

3. Unisource; or

4. Arizona Department of Transportation (ADOT);or

5. Arizona Department of Game and Fish; or

6. United States Forest Service; or

7. Yavapai County; or

8. Others as determined by the Community Development Director. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-160)

Section 12-1-140 Processing Fee Schedule

In the event the Town Manager or designee finds it necessary to use the professional services of any person, either in their regular employ or retained outside of their regular employ, in connection with their examination, approval, inspection or acceptance of any subdivision, said services shall be paid for by the applicant. A late fee of one and one-half percent (1.5%) per month will be charged on all past due fees. The final plat will not be recorded until all fees are paid. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-180)

Section 12-1-150 Waiver For Public Purpose

The Community Development Director or designee may waive any provision of these regulations insofar as they affect a public use or purpose. No waiver may be granted unless the Community Development Director or designee finds that it is in the best interest of the public, without impairing the intent and purpose of these regulations. The details of the waiver, including but not limited to the extent and duration, shall be documented in writing and filed with the original application submittal. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-200)

Section 12-1-160 Water Adequacy

A. The Community Development Director or designee shall not approve a final plat for a subdivision, as defined in A.R.S. § 32-2101, unless one (1) of the following applies:

1. The Director of the Arizona Department of Water Resources has determined that there is an adequate water supply for the subdivision pursuant to A.R.S. § 45-108, and the applicant has included the report with the plat.

2. The applicant has obtained a written commitment of water service for the subdivision from a city, town, or private water company designated as having an adequate water supply by the Director of the Arizona Department Water Resources pursuant to A.R.S. § 45-108.

B. The requirements of subsection A of this section do not apply to:

1. A proposed subdivision that the Director of the Arizona Department of Water Resources has determined will have an inadequate water supply pursuant to A.R.S. § 45-108, if the director grants an exemption for the subdivision pursuant to A.R.S. § 45-108.2 and the exemption has not expired, or the director of the Arizona Department of Water Resources grants an exemption pursuant to A.R.S. § 45-108.3.

2. A proposed subdivision that received final plat approval from the Town of Clarkdale before the requirement for an adequate water supply became effective in the Town, if the plat has not been materially changed since it received the final plat approval.

a. If changes were made to the plat after the plat received the final plat approval, the Director of the Arizona Department of Water Resources shall determine whether the changes are material.

C. If the Community Development Director or designee approves a final plat for a subdivision pursuant to subsection A of this section, the Community Development Director or designee shall note on the face of the plat that the Director of the Arizona Department of Water Resources has reported the subdivision has an adequate water supply, or the applicant has obtained a commitment of water services for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to A.R.S. § 45-108.

D. If the Community Development Director or designee approves a final plat for a subdivision pursuant to an exemption authorized by subsection B.2 of this section or granted by the Director of the Arizona Department of Water Resources pursuant to A.R.S. § 45-108.2 or 45-108.3, the Community Development Director or designee shall:

1. Give written notice of approval to the Director of the Arizona Department of Water Resources and the Director of Environmental Quality.

2. Include on the face of the plat a statement describing the exemption under which the plat was approved, including a statement that the Community Development Director or designee or the Director of the Arizona Department of Water Resources, whichever applies, has determined that the specific conditions of the exemption were met.

3. If the Director of the Arizona Department of Water Resources subsequently informs the Community Development Director or designee that the subdivision is being served by a water provider that has been designated by the Director as having an adequate water supply pursuant to A.R.S. § 45-108, the Community Development Director or designee shall record in the Yavapai County Recorder’s office a statement disclosing the fact. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-1-210)

Section 12-2-010 General

The provisions of this chapter shall apply to all subdivisions which are located wholly or partially within the Town of Clarkdale. Every subdivision shall conform to the General Plan, the Zoning Code, the Town Code, the Arizona Revised Statutes, and the following:

A. Ensure traffic circulation in conformance with adopted transportation plans.

B. Incorporate multimodal transportation options.

C. Secure adequate provisions for water supply, drainage, sanitary sewers, that conform to adopted engineering and sanitation standards.

D. Incorporate renewable energy sources, including but not limited to solar, geothermal and wind.

E. Provide appropriate sites for schools, recreation areas, and other public facilities.

F. Require conveyance of land by accurate legal description.

G. Preserve existing wildlife habitat.

H. Encourage the substitution of effluent for potable water when possible.

I. All construction and repair of public facilities and private roads shall be accomplished in accordance with the standards adopted by the Town of Clarkdale. Additionally, all traffic control devices shall be placed in accordance with the latest edition of the Manual of Uniform Traffic Control Devices as adopted by the Arizona Department of Transportation. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-010)

Section 12-2-020 Reservation of Land for Public Use

Where the tract of land to be subdivided contains all or any part of the site of a park, school, flood control facility, or other public area as shown on the General Plan, or as recommended by the Community Development Director or designee, such site shall be dedicated to the public or reserved for acquisition by the public within one (1) year after recording the final plat unless a different timeline is agreed upon in the subdivision or development agreement. An agreement shall be reached between the applicant and the appropriate public agency regarding time, method and cost of such acquisition. If the public agency for whose benefit an area has been reserved does not exercise the reservation agreement set forth in this chapter by agreeing to a timetable for development and dedication of the reserved land within such one (1) year period or such extended period as may be mutually agreed upon by such public agency and the applicant, the reservation of such area shall terminate. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-020)

Section 12-2-030 Landscape Requirements

Subdivision landscaping shall meet the requirements of Chapter 9, Landscape Design Standards. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-030)

Section 12-2-040 Street Location and Arrangement

A. Whenever a tract to be subdivided embraces any part of a street designated in the adopted Town General Plan, Street Plan, Trail Plan, or Circulation Plan, such streets, bicycle ways, pedestrian ways and trails shall be platted in conformance therewith.

B. Street layout shall provide for the continuation of such streets as the Subdivision Committee and/or the Community Development Director or designee may designate.

C. The street patterns in the land development shall not landlock adjacent property nor prevent access to public land.

D. Whenever a tract to be subdivided is located within an area for which a Neighborhood Plan has been approved, the street arrangement shall conform substantially to said plan.

E. Proposed collector streets shall be extended to the tract boundary to provide future connection with adjoining unplatted lands, or existing collector streets.

F. Residential streets, other than designated collector streets, shall be so arranged as to discourage through traffic.

G. Where a subdivision abuts or contains the right-of-way of a drainage way, an irrigation ditch, a railroad right-of-way, or abuts a commercial or industrial land use, the Community Development Director or designee may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for appropriate use of intervening land. Such distance shall be determined in conformance with regulations governing approach grades, drainage, bridges or future grade separations.

H. Streets shall be so arranged in relation to existing topography as to facilitate adequate drainage.

I. Alleys shall be required in all commercial and industrial subdivisions unless the Subdivision Committee and the Community Development Director or designee recommend waiving this requirement. Alleys may be required in residential subdivisions if the Subdivision Committee and the Community Development Director or designee recommend that alleys be required to complete an existing pattern or to provide secondary access to adjacent properties or service.

J. Half-streets shall be discouraged, except where necessary to provide right-of-way required by the adopted Town Circulation Plan, to complete a street pattern already begun, or to ensure reasonable development of several adjoining parcels. Where there exists a platted half-street abutting the tract to be subdivided, the remaining half shall be platted within the tract.

K. Street patterns that provide multiple accesses to the subdivision are encouraged and may be required by the Committee and/or the Community Development Director or designee. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-040)

Section 12-2-050 Dedicated Access

A. Each subdivision shall provide for adequate traffic circulation using the Average Daily Traffic (ADT) and classification system in the Town Engineering Standards.

B. Where private streets are approved, the plat, the deed restrictions and the homeowner’s association by-laws shall contain statements declaring these streets to be private and remaining the permanent responsibility of the homeowner’s association. Such private streets are subject to an easement authorizing use by emergency and public service vehicles.

C. Street designs, including cul-de-sacs and dead-ends, shall meet the criteria in the Town Engineering Standards and Specifications and the standards of the Fire District with jurisdiction.

D. No subdivision shall be approved without dedicated legal access to a collector street. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; by Prior Code on . Formerly 12-3-050)

Section 12-2-060 Street Classification

A. The street hierarchy system shall be defined by use and average daily traffic (ADT) rates calculated by average trip generation rates prepared by the Institute of Transportation Engineers. The applicant may use another approved method if it can be demonstrated to better reflect local conditions.

B. The applicant will demonstrate to the Community Development Director or designee that no street shall exceed the maximum ADTs.

C. Rural street designs may be used only in residential areas developed with a minimum lot size of twenty thousand (20,000) square feet. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-060)

Section 12-2-070 Block Design

A. Maximum length of blocks measured along the centerline of the street, and between intersecting street center lines, is one thousand two hundred (1,200) feet, except in a development with lot areas averaging one and one-half (1.5) acres or more, this maximum may be exceeded by five hundred (500) feet. Block length shall be designed to meet the above maximums and adopted engineering standards.

B. Pedestrian or bicycle ways with right-of-way widths a minimum of eight (8) feet may be required where essential for circulation or access to schools, playgrounds, shopping centers, public land, transportation and other community facilities. Pedestrian or bicycle ways may also be used for utility and drainage purposes if so noted on the plat and approved by the Community Development Director or designee and the Town Engineer. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-070)

Section 12-2-080 Lot Planning

A. Lot width, depth, frontage, area, lot coverage, floor area ratio and building setbacks shall comply with the minimum requirements of the Zoning Code. The type and extent of street and utility improvements being installed shall comply with the minimum requirements of the Zoning Code. Where steep topography, unusual soil conditions, or drainage problems exist or prevail, variances to adopted development standards may be considered.

B. Lands that are subject to periodic inundation, subsidence of the earth’s surface, high water table, adverse topography, adverse soils, or other natural or manmade hazards to life or property shall be excluded from subdivision unless it can be substantiated by the applicant that proposed lot configurations and sizes, grading and drainage techniques, or other special development approaches necessary to protect the public health, safety, or general welfare on any lands to be subdivided affected by such characteristics, are satisfactory.

C. The Community Development Director or designee may approve subdivision of such land upon receipt of written evidence from the Town Engineer, the Yavapai County Flood Control District and state and Yavapai County Health Authorities that the construction of specific improvements will render the land suitable; thereafter, construction upon such land shall be prohibited until specified improvements have been planned and the construction guaranteed.

D. Side lot lines shall be substantially at right angles or radial to street lines, except where special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the use of said lot lines will deprive the property of privileges enjoyed by other property of the same classification in the same zoning district.

E. All lots shall have frontage as required by the appropriate zoning district on a fully dedicated public or private street.

F. Single-family lots on curvilinear streets shall have rear lot lines consisting of a series of straight lines with points of deflection occurring only at the junction of side or rear lot lines unless otherwise approved.

G. Corner lots may be wider than interior lots to provide for setback requirements.

H. Single-family residential lots extending through the block and having frontage on two parallel local streets is prohibited.

I. Residential lots shall not be accessible from collector or arterial streets. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-080)

Section 12-2-090 Street Naming

New street names shall not be duplicated or be similar to those already in existence in or within three (3) miles of the Town. Where streets are continuations of existing streets, the name of the existing street shall be used. Proposed street names will be reviewed and approved by the Community Development Director or designee and Yavapai County Addressing Division. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-090)

Section 12-2-100 Easement Planning

A. Easements for utilities shall be provided to ensure the provision of services to each lot.

1. The developer will provide the Community Development Director written documentation of approval by the utilities with respect to easements.

B. Drainage easements shall be provided to the satisfaction of the Town Engineer and the Yavapai County Flood Control District. In no case shall drainage easements be less than twenty (20) feet in width.

C. Easements necessary to assure non-motorized access to adjacent public lands are required. Such easement shall not exceed ten (10) feet in width.

D. Where alleys are provided, an easement sized to the refuse container may be required as determined by the Community Development Director or designee.

E. Based on adopted engineering standards, increased right-of-way widths and slope easements may be required by the Town Engineer. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-100)

Section 12-2-110 Condominium Development

The processing of subdivision plats for condominium developments shall follow procedures set forth in this chapter and A.R.S. §§ 33-1201 through 33-1270. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-3-110)

Section 12-3-010 Subdivision Procedures

The preparation, submittal, review and approval of all subdivision plats located within the Town limits shall conform to the following requirements and processes. A deposit toward potential outside consultant fees incurred by the Town in the processing and review of an application shall be required per Section 3-4 of the Town Code. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-4-010)

Section 12-3-020 Preapplication Meeting

A. A preapplication meeting is mandatory. The purpose of the preapplication meeting is to:

1. Provide staff with an opportunity to review and comment on proposals prior to submittal.

2. Discuss the development review process and required submissions with the applicant.

3. Identify issues that need to be resolved in future submissions.

4. Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities.

5. Applicants shall provide the information as indicated in Table 1 of Section 11-040, Submission Requirements. In addition, information regarding legal problems which are associated with the property, if any, as well as tentative proposals regarding water supply, sewage disposal, surface drainage, and street improvements shall be supplied.

B. Persons applying for a subdivision will be required to submit a preapplication meeting request, including a letter of intent, the site plan, the development plan, and supporting documentation. These materials shall be submitted to the Community Development Department, who shall determine if the application is complete. If the application is complete, the Community Development Director or designee will notify the applicant that the application is administratively complete.

1. If the application is determined to be incomplete, the Community Development Director or designee shall notify the applicant by electronic communication and specify the additional materials required to make the application complete.

2. After the application has been accepted as complete the Community Development Department will distribute copies of the submittal to the following:

a. Subdivision Committee:

i. Community Development Director; and

ii. Public Works Director; and

iii. Town Engineer; and

iv. Water Resources Manager; and

v. Chief of Police (or designee); and

vi. Fire Chief (or designee); and

vii. Building Inspector; and

viii. Flood Control: and

ix. Yavapai County Health Department; and

x. Any other agency or municipality that Town staff deems necessary; and

b. Representatives from the following may be included at the discretion of the Community Development Director:

i. School districts; or

ii. Arizona Public Service (APS); or

iii. Unisource; or

iv. Arizona Department of Transportation (ADOT);

v. Arizona Department of Game and Fish; or

vi. United States Forest Service; or

vii. Yavapai County; or

viii. Others as determined by the Community Development Director.

C. The Community Development Department may hold an on-site inspection of the site to review the existing conditions, verify the information submitted, and investigate the development proposal.

D. Following receipt of the comments from the various departments and agencies, the Community Development Director or designee shall forward one (1) complete copy to the applicant via electronic communication.

E. The applicant shall prepare a memorandum of understanding. It shall be formally acknowledged in writing by all parties. The memorandum of understanding shall include all items discussed. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-4-020)

Section 12-3-030 Preliminary Plat

The preliminary plat stage of a subdivision includes detailed subdivision planning, submittal, review and approval of the preliminary plat. To avoid delay in processing this application, the applicant shall provide the Town with all information required to determine conformance with adopted codes and regulations.

Any furtherance of pre-development activity engaged in, by, or on behalf of the applicant while an application for zoning amendment or variance is pending shall in no instance be construed as having been undertaken in reliance of a favorable determination of such application, notwithstanding the nature of the recommendation on the matter of the Community Development Director.

A. Zoning. The subdivision shall be designed to meet the specific requirements of the zoning district within which it is located. However, in the event that rezoning is deemed necessary, such as in the case of a planned area development (PAD), the rezoning shall be initiated by the property owner or an authorized agent and be heard and considered by the Planning Commission and Town Council. Any change in zoning or site plan approval required in relation to approval of the preliminary plat shall have been approved by Town Council.

B. Sanitary Sewage, Refuse Disposal and Water Supply. As a prerequisite to preliminary plat review, the applicant shall have informed all pertinent regulatory agencies of the tentative plans and the applicant shall become informed of the general requirements for sewage disposal, water supply and refuse disposal which may apply to the property.

C. Owner’s Authorization. If the applicant is not the legal owner of the property to be subdivided, said applicant shall, before filing the plat, obtain and submit notarized written consent to act on behalf of the legal owner(s) as the applicant.

1. The submittal shall be reviewed by the Community Development Director or designee for completeness. If incomplete, the applicant will be notified within one (1) week of receipt and given the opportunity to comply. Upon determination that the application is complete, a case number will be assigned and the applicant will be notified.

2. The preliminary plat and required supporting data, prepared in accordance with requirements set forth in this chapter, shall be filed with the Community Development Department. Review of the preliminary plat by the Community Development Director or designee, the Subdivision Committee, and other agencies having jurisdiction shall be dependent upon adequacy of data presented and completion of processing. The review shall occur within thirty (30) days of the submission date. Following receipt of the comments from the various departments and agencies, the Community Development Director or designee shall forward one (1) complete copy to the applicant for correction via electronic communication.

3. A preliminary plat fee, as adopted by the Town Council, shall be paid by the applicant prior to the acceptance of the preliminary plat. The filing fee shall also cover filing of an amended or revised preliminary plat handled as the same case. If preliminary approval expires prior to application for final approval, the plat shall be re-submitted for preliminary approval as a new case and the applicant shall pay the required fees.

E. Form of Presentation for Preliminary Plat. The information hereafter required as part of the preliminary plat submittal shall be shown graphically, or by note on plans, or by letter, and may comprise several sheets showing various elements of required data. All mapped data for the same plat shall be drawn at the same standard engineering scale. The scale shall not be smaller than one (1) inch equals one hundred (100) feet. All preliminary plat submittals shall include the following:

1. Letter of intent from the applicant describing the subdivision and proposed name of subdivision and its location by section, township and range, reference by dimension and bearing to an acceptable government section or quarter-section corner. The proposed subdivision name shall not duplicate any other recorded plat in Clarkdale or adjacent communities.

2. Name, address, email address and telephone number of the owner of record of the property, and of the applicant, if not the owner of record.

3. A copy of the title paperwork for the property.

4. Name, title, address, email address and telephone number of engineering, land planning, surveying, architectural firm, or individual preparing the plat.

5. Name, book and page number of any recorded subdivision adjacent to or having common boundaries with this plat.

6. Scale (written and bar graph), north point and date of preparation including dates of any subsequent revision.

7. Total subdivision acreage and dimensions. Do not include previously dedicated rights-of-way in this figure.

8. Fully dimensioned boundary lines.

9. A vicinity map which shows the relationship of the proposed subdivision to dedicated rights-of-way and any other facilities and developments which locate the subdivision. This map may be on the preliminary plat, but, if it is not practical, then a separate map showing title, scale, north point and date shall be provided.

10. Names, locations and widths of adjacent streets, highways, ways, railroads and utility easements including streets and rights-of-way providing legal dedicated right-of-way access to the property.

11. Location, names, areas, width, proposed grade curve, super elevations, sight distances, and radii for all streets, highways and ways in the proposed subdivision and off site, if required, to provide adequate access to the subdivision. Include connections to adjoining platted tracts, public lands and streets contained therein.

12. The width and approximate locations of all existing or proposed public or private easements or rights-of-way for streets, ways, trails, drainage, sewers, public utilities, flood control purposes, access to adjacent public land, or other community facilities.

13. Typical lot dimensions (scaled); dimensions of all corner lots which should be ten percent (10%) bigger, all lots of more than four (4) sides and lots of curvilinear sections of streets; each lot numbered individually and consecutively; total number of lots or dwelling units.

14. Designations of all land to be dedicated or reserved for public use with use indicated, including land reserved for parks, recreational facilities, school sites, and fire stations pursuant to A.R.S. 9-463.01.D.

15. Area of all lots and parcels not for single-family residential use, in acres. The area of all single-family residential lots in square feet if under or equal to one (1) acre in size, or in acres, if the lots are over one (1) acre in size.

16. A report by a sanitary engineer describing proposed wastewater disposal.

17. Locations, elevations, and sizes of culverts, storm drains and detention facilities. This information shall be accompanied by a hydrologic and hydraulic analysis which meets the criteria set forth in the most recent Yavapai County Flood Control District Storm Water Detention Material and Drainage Criteria Manual.

18. The locations of floodway and floodplain boundaries and base flood elevations as determined by Federal Emergency Management Agency (FEMA) Flood Maps and the location of other water courses and land subject to inundation or flood hazard.

19. Engineer’s calculations and estimated values for each tributary of storm runoff for a twenty-five (25) year and one hundred (100) year frequency storm as specified in the Yavapai County Flood Control District Ordinance. The values shall be indicated along the boundary of the plat for all points of drainage entering and leaving the property.

20. Proposed cut and fill areas showing original and proposed grade levels with elevations and contours.

21. Proposed use of all lots, tracts or parcels within the subdivision.

22. Location and dimensions of all existing or proposed structures, walls, fences, irrigation ditches, water wells, pipelines, utilities, and other physical features. Plat shall indicate which improvements are to remain, be altered or removed.

23. Letters of serviceability for all utilities proposed to service the subdivision.

24. Contour intervals shall be such as to adequately reflect the character and drainage of the land.

25. School or park sites that may be required.

26. The zoning of all adjacent land.

27. Any deed restrictions or covenants and property owners’ association agreements to be or presently imposed upon the plat or any part thereof.

28. A Yavapai County Flood Control Report.

F. Preliminary Plat Review. The Community Development Director shall distribute copies of the plat to the Subdivision Committee. Following receipt of the written comments from the various departments and agencies, the Community Development Director or designee shall forward one (1) complete copy to the applicant via electronic communication.

G. Responsibilities of the Community Development Director or Designee. Approval by the Community Development Director or designee shall be based on the following findings:

1. The proposed subdivision conforms to the adopted General Plan goals, objectives and policies of the Town.

2. The proposed subdivision, as reviewed and approved, will not be detrimental to the public’s health, safety, and general welfare.

3. Environmental concerns conform to adopted standards.

4. The design of the proposed subdivision conforms to adopted engineering standards.

5. The proposed subdivision is consistent with the Zoning Code requirements applicable to the property.

6. The proposed subdivision conforms to the improvement standards and design standards set forth in these regulations and other applicable Town, county, state and federal regulations.

H. Community Development Director or Designee Decision. The Community Development Director or designee shall approve, conditionally approve or deny the preliminary plat as proposed after considering the recommendations and findings of the Subdivision Committee, and all other agencies having jurisdiction. The Community Development Director or designee’s action shall be based on its findings of fact and conclusion.

I. Community Development Director or Designee Rejection. If the preliminary plat is rejected, the new filing of a plat for the same tract, or any part thereof, shall follow the aforementioned procedure and be subject to the required fee.

J. Significance of Preliminary Plat Approval. Approval of the preliminary plat constitutes authorization for the applicant to proceed with preparation of the engineering plans and specifications for public improvements and is based upon the following terms:

1. The basic considerations under which approval of the preliminary plat is granted will not be changed prior to the expiration date of preliminary plat approval.

2. Approval is valid for a period of two (2) years from the date of the Community Development Director or designee’s approval. Requests can be made for one (1) year extensions up to a total of not more than three (3) years from the original date of approval. Extensions of the preliminary plat approval may be granted by the Community Development Director or designee upon receipt of a letter from the applicant before the expiration date.

3. Preliminary plat approval does not assure final acceptance of streets for dedication or continuation of existing zoning requirements for the tract or its environs. It does not constitute authorization to record the plat. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; by Prior Code on . Formerly 12-4-030)

Section 12-3-040 Subdivision Technical Review

The technical review is designed for the Town Engineer to approve all details of the engineering plans and specifications for public improvements before recommending the applicant proceed with final plat procedures.

A. Submittal for technical review shall be made to the Community Development Department with their preliminary plat submittal. The submittal shall be checked by the Town Engineer for content in accordance with requirements set forth in these regulations and for substantial conformity with the preliminary plat.

B. Submittal Requirements. The following information is required for technical review submittal and shall be shown graphically, by note, or by letter, and may consist of several sheets showing various elements of the required data. All mapped data for the same plat shall be drawn at the same standard engineering scale. The applicant may use more than one (1) sheet if necessary, using one (1) of the standard engineering scales. The scale shall not be less than one (1) inch equals one hundred (100) feet providing sufficient detail to illustrate the applicant’s intent.

1. Planned area developments (PADs) shall submit typical floor plans and elevations.

2. Identification and descriptive data:

a. All information required for the preliminary plat.

b. Building setbacks for a typical lot. Where there are lots with more than four (4) sides or whose shape may be considered atypical, show all setbacks.

c. Construction plans of all improvements required by these regulations, on site and off site, including but not limited to sewers, all utilities, roads, parks, sidewalks, drains, culverts, and grading.

d. A Yavapai County Flood Control Report.

3. Review Fee. At the time of filing of the plat for technical review, the applicant shall pay a fee as fixed by the Town Council. If revisions are made and further review is required, additional fees may be required.

C. The Town Engineer will review the technical details of the plat and note any changes necessary for the plat to be in compliance with all Town, county, state and federal engineering standards. The Town Engineer will approve and sign, or reject the plat, and notify the Community Development Director or designee in writing of findings. The Community Development Director or designee will notify the applicant of the findings in writing. If the plat is approved, the Director will advise the applicant to proceed with final platting procedures. If the plat is rejected, the Director or Town Engineer will review with the applicant the changes needed to receive approval. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-4-040)

Section 12-3-050 Final Plat, Recording and Post Approval

1. To initiate final plat procedures, the applicant shall file the final plat and an application with the Community Development Department.

2. At the time of filing for final plat approval, the applicant shall pay a fee as established by Town Council. If revisions are made and further review is required, additional fees may be required.

3. The final plat shall be presented in accordance with the requirements set forth below and shall conform to the approved preliminary plat or the revised preliminary plat and the approved technical review.

B. Form of Presentation for the Final Plat. The following information is required as part of the final plat submittal. All mapped data for the same plat shall be drawn at the same standard engineering scale of at least one (1) inch equals one hundred (100) feet.

1. The final plat shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black ink that, when filed, results in legible prints and negatives produced from the original.

2. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with a border line drawn completely around each sheet leaving an entirely blank margin of one and one-half (1.5) inches except that the binding edge shall be two (2) inches.

3. Certificates, affidavits, and acknowledgments shall be legibly stamped or printed upon the plat with black opaque ink. All signatures shall be in black waterproof ink, with the ink surface coated with a suitable substance when used on polyester film to assure permanent legibility. Names and titles of signers shall be lettered legibly under their signatures.

4. Scale shall be shown with a bar scale and a written scale.

5. The exterior boundary of the subdivision shall be indicated by a heavy line.

6. Each sheet shall be numbered, the relation of one (1) sheet to another clearly shown, and the total number of sheets shown on each sheet.

7. The case number, subdivision name, date, scale and north point shall be shown on each sheet.

8. Every final plat shall have a title sheet either as a separate page or where the size of the subdivision permits as part of the final plat. Said title shall contain the following:

a. The subdivision name shall comprise the title.

b. Below the title shall be a sub-title consisting of a general description of all the property being subdivided, by reference to subdivisions or to sectional surveys.

c. References to adjacent subdivisions shall be worded identically with original records, with references to the books and pages of the subdivision.

d. Name, address, registration number, and signature included with the seal of the registered civil engineer and/or registered land surveyor preparing the plat.

e. Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication and notary seals required by law and by these regulations shall appear on the title sheet.

f. The title sheet shall show the basis of bearings.

g. A vicinity map showing the proposed subdivision and the surrounding subdivisions, dedicated right-of-way access to the subdivision, and parcels and streets located within a three hundred (300) foot radius of the boundaries of the proposed subdivision.

9. The following survey data shall be required as a part of final plat submittal:

a. The corners of the subdivision shall be located on the monument lines of abutting streets; boundaries of the tract to be subdivided shall be fully balanced and closed, showing all bearings and distances, determined by an accurate survey in the field. All distances shall be shown in feet and decimals.

b. Any excluded parcels within or surrounded by the plat boundaries shall be noted as “not a part of this subdivision” and shall show all bearings and distances of the expected parcel as determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals.

c. Location and description of cardinal points to which all dimensions, angles, bearings and similar data on the plat shall be referenced. Each of two (2) separate corners of the subdivision transverse shall be tied by course and distances to separate section corners or quarter-section corners.

d. Location of all physical encroachments upon the boundaries of the tract.

e. Ties to any federal, state, county and Town boundary lines, section corners and quarter corners involved.

f. Name, right-of-way lines, courses, lengths, and widths of all public streets, alleys, pedestrian or bicycle ways and utility easements; radii, points of tangency, curve lengths, and central angles of all curvilinear streets, alleys and intersection corners.

g. All drainage ways shall be shown on the plat. The rights-of-way of all major drainage ways shall be dedicated drainage ways or right-of-way as determined by the Town Engineer or Yavapai County Flood Control District.

h. All easements for right-of-way provided for public services or utilities and any limitations of the easements. The following notations shall be placed on all final plats: “Construction within easements, except by public agencies and utility companies, shall be limited to utilities, and wood, wire, or removable section type fencing.”

i. Location, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the Town with the use clearly indicated.

j. The limits of any one hundred (100) year floodplain identified using the standards set forth by the Director of the Arizona Department of Water Resources, together with the base flood elevation, shall be illustrated on the final plat. The regulatory elevation for the most critical location within each lot shall be shown on each lot that is impacted by the floodplain. A note shall also be placed on the plat indicating that “Floodplain limits, base flood elevations and regulatory elevations may be revised by subsequent studies approved by the Yavapai County Flood Control District.”

10. The following description data shall be required as a part of final plat submittal:

a. All residential lots shall be numbered by consecutive numbers throughout the plat.

b. Dimensions and square footage of all lots.

c. “Tracts,” “parcels,” “exceptions” and “common open space” shall be so designated, lettered, or named, and clearly dimensioned.

d. Location of all adjoining subdivisions and developments with date, name, book and page number of recordation noted. If adjoining land is unrecorded or undivided, so shall it be marked on the plat.

e. Any existing or proposed private deed restrictions to be imposed upon the plat or any part or parts thereof pertaining to the intended use of the land, and to be recognized by the Town, shall be noted on the plat.

f. Limitations on rights of access to and from streets, lots and other parcels of land.

g. Locations and names of streets and pedestrian or bicycle ways adjacent to the proposed subdivision.

h. Provisions for the perpetual maintenance of private roads, recreation facilities, and/or open spaces that are part of the subdivision shall be provided for in the property owners association (or other legal entities) organizational Sections of Incorporation and must be acceptable to the Town.

i. Letters from each utility company indicating serviceability of the subdivision.

11. The following dedication and acknowledgment information is required for final plat submittal:

a. Dedication. There shall be required as part of the final plat submittal an irrevocable offer of dedication of any streets, crosswalks, drainage ways, pedestrian or bicycle ways, trails, and other easements for public use by the parties holding title of record, by parties holding titles as vendees under land contract, by spouse of said parties, lienholders and all other parties having an interest in the property. If lands dedicated are mortgaged, the mortgagee shall also sign the plat. Dedication of drainage easements shall be required. Dedication shall include a written location by section, township and range of the tract. If the plat contains private access ways, the right to install and maintain utilities, including refuse collection, in these access ways, shall be reserved.

b. Acknowledgment of Dedication. Acknowledgment of the offer of dedication shall be certified by a notary public. All parties having any record title or interest in the land being subdivided shall be included in such acknowledgments.

c. An offer of dedication to the Town or County Flood Control District for any streets, pedestrian or bicycle ways, trails, areas, drainage ways, easements and other rights-of-way for public use either immediate or in the future shall not constitute public ownership or responsibility, until the Town Council formally accepts said offer of a dedication by separate instrument.

12. The following certifications shall be required as a part of the final plat submittal:

a. Certification by the civil engineer or land surveyor preparing the plat, that the plat is correct and accurate and that the monuments described in it have either been set or located as described. All maps shall contain the seal of a civil engineer or land surveyor, whichever is applicable. Closure calculations may be required if deemed necessary by the Town Engineer.

b. A certificate signed and acknowledged by all parties having any record of title or interest in the land being subdivided offering for dedication rights of access to and from prescribed streets, lots and parcels of land.

c. A statement of adequate water supply from the Arizona Department of Water Resources, or, if served by a water company, a statement of water serviceability from the serving water company (private or public).

13. A cost estimate for constructing the required public or private improvements signed and sealed by a professional engineer who is registered to practice in the State of Arizona. The cost estimate and method/type of assurance shall be approved by the Town Engineer and/or Town Attorney prior to approval of the final plat.

1. The Community Development Director, upon receipt of the final plat submittal, shall immediately record receipt and date of filing, and check it for completeness. If complete, the Director shall review the plat for substantial conformity to the approved preliminary plat, or revised preliminary plat, and forward copies of the submittal to the Subdivision Committee.

2. The reviewers shall transmit their recommendations to the Director in writing. The Community Development Director will then summarize the recommendations, prepare a report and present it to the Subdivision Committee.

3. Following receipt of the comments from the various departments and agencies, the Community Development Director or designee shall forward one (1) complete copy to the applicant via electronic communication.

1. After the certificate of approval by the Community Development Director or designee has been transcribed on the plat, it shall be retained until the following is met:

a. The Town Engineer certifies that the subdivision has been staked and that the engineering plans, for the subdivision improvements, have been approved.

b. The required letters of assurance of improvements from each serving utility company are attached.

c. An agreement executed by the applicant, in a form acceptable to the Town and approved by the Town Manager, covering the following:

i. The subdivision improvements in a recorded development unit may be constructed in practical increments of lots, as specified by the applicant, subject to provisions for drainage, traffic movements, and other services as determined by the Town Engineer.

ii. The improvements, except those utility facilities not directly governed by the Town, shall be constructed in accordance with plans approved by the Town Engineer and the appropriate Town department for water and public sanitary sewer facilities, and by the Town Engineer for all other improvements. If the location of the development is so required, water and sanitary sewer facilities shall also be constructed in accordance with plans approved by the appropriate state and county departments.

iii. The improvements, except those utility facilities specified in this chapter, shall be completed within a specified time period, for each increment, as determined by the Town. An extension of time may be granted under conditions specified in the agreement.

iv. The applicant shall give adequate assurance of the construction of each increment in accordance with this chapter.

v. Progress payments may be made to the applicant on order from any cash deposit made. Such payments shall be made in accordance with standards established by the Town Engineer.

vi. Any work abandoned or not completed by the applicant may be completed by the Town, and the Town shall be entitled to recover the construction costs from the applicant’s financial assurances posted with the Town, and, if insufficient, from the applicant.

vii. Construction of all improvements within streets and easements, except those utility facilities specified in this chapter, shall be subject to inspection by the Town Engineer.

viii. No lots shall be released from the approved increment of lots until either the agreement or an assurance of construction has been posted and accepted by the Town Engineer.

ix. With regard to on-site and off-site street and utility improvements accepted for maintenance by the Town of Clarkdale, the applicant shall warrant all workmanship and materials involved in such improvements for a period of one (1) calendar year after the date of written acceptance.

a. To ensure construction of the required improvements as set forth above in this chapter, except those utility facilities specified in this chapter, the applicant shall deposit with the Town an amount in cash or a letter of credit equal to the amount of the cost of the work of each recorded increment, as determined by the Town Engineer, guaranteeing that the work will be completed in accordance with Town Engineering Standards and Specifications.

b. Any alternative forms of assurance, such as a surety bond, must be approved by Town Manager during the final plat approval process.

c. The duration of financial assurances shall be for one (1) year from the date of recording. Extension of time in one (1) year increments may be granted by the Community Development Director or designee upon good cause. The assurance shall remain in force and effect until it is released by the Community Development Director or designee or has been authorized for partial release as provided herein.

d. The Town Engineer, upon receipt of a certification from the Engineer of Record, may authorize a reduction of the financial assurance for the work completed in accordance with the approved cost estimate and construction plans. Ten percent (10%) of the estimated cost of completed improvements shall be retained to insure sufficient funds remain to insure completion of the improvements, final inspections and preparation of final “as-built” plans.

e. In the event the applicant defaults or fails or neglects to satisfactorily install the required improvements within three (3) years from the date of recording, the Town Manager may declare the assurance forfeited, and the Town may make or cause the required improvements to be made, using the funds from the financial assurance to pay the full expense thereof. In addition, the Director shall notify the State Real Estate Commissioner of the default.

f. If good cause is shown by the applicant, the Community Development Director or designee may extend the term of the assurance and the time limit for completion of subdivision improvements.

3. The applicant shall be responsible for taking the final plat to be recorded in the Office of the Yavapai County Recorder.

4. The applicant, using the services of an Arizona registered professional engineer and plans as approved by the Town Engineer, shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than thirty (30) days prior to the release date of the assurance, the Engineer of Record shall make an inspection of the improvements and shall submit a set of “as-built” construction plans, if complete, or a report on the status of improvements, if only partially complete, to the Town Engineer.

5. A fee may be imposed by the Town Council for the inspection by the Town Engineer.

6. Report to Community Development Director or Designee. The Town Engineer will review the “as-built” plans and/or report, with the applicant’s Engineer of Record and notify the applicant of any noncompliance with the approved construction plans or with these regulations. If the Town Engineer determines that compliance has been made, he will then submit a report to the Community Development Director or designee, setting forth the conditions of such facilities.

7. A certificate sealed by the Engineer of Record on the “as-built” plans stating that the construction has been completed in substantial conformance to the specifications and standards contained in or referred to herein, must be approved by the Town Engineer and presented to the Community Development Director or designee prior to the final release of assurances, who shall forward said plans to the Public Work Director or designee. If all improvements comply with Town standards, the Town Manager shall release the guarantee. If the condition of materials or workmanship shows unusual depreciation or does not comply with Town standards, the Town Engineer may present this information to the Community Development Director or designee who may declare the applicant in default.

8. Once the improvements are approved and the assurances are released, the Public Works Director or designee shall review the improvements for acceptance into the Town system for maintenance. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; by Prior Code on . Formerly 12-4-050)

Section 12-4-010 Minor Subdivision

The minor subdivision is a process developed to respond to the needs of property owners who are proposing subdivisions of ten (10) lots or fewer. The process shall comply with all requirements of this chapter and of Arizona Revised Statutes. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-5-010)

Section 12-4-020 Minor Subdivision Procedures

The preparation, submittal, review, and approval of all minor subdivision plats located in the Town limits shall proceed through the following:

A. Preapplication Meeting. Refer to Section 12-3-020 for submittal requirements and process.

B. Minor Subdivision Plat. Refer to Section 12-3-030 for submittal requirements and process.

C. Technical Review. Review to Section 12-3-040 for submittal requirements and process.

D. Final Plat, Recording and Post Approval. Refer to Section 12-3-050 for submittal requirements and process. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-5-020)

Section 12-5-010 Purpose of Minor Land Divisions

A. Provide for the division of land into parcels or lots of two (2) or three (3) parts through a process that is more expeditious than the subdivision process.

B. Maintain accurate records of surveys created to divide existing parcels or lots.

C. Assure the proposed land division conforms to the standards established by the Town of Clarkdale.

D. Ensure adequate legal access to lots or parcels.

E. Ensure adequate emergency vehicle access to lots or parcels.

F. Ensure that minor land division does not constitute a subdivision as defined in Article 12-2 or A.R.S. Title 9. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-6-010)

Section 12-5-020 Applicability

The regulations contained in this chapter shall apply to all divisions of land made within the corporate limits of the Town of Clarkdale since December 12, 1986, the effective date of revisions to the Town Code, whereby the division of any property into four (4) or more parcels shall proceed through the subdivision process and be subject to all of the provisions of Chapter 12, Subdivision Regulations.

A. The division of improved or unimproved land or lands, totaling two and one-half (2.5) acres or more, into two (2) or three (3) lots, tracts, or parcels, and which does not involve a new street, shall be subject to the provisions of this chapter.

B. All other divisions or changes shall proceed through the subdivision process. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-6-020)

Section 12-5-030 General Standards

A. All minor land divisions shall be developed to comply with all requirements for the specific zoning district in which the divisions are located. At a minimum, these will include meeting the following, if applicable:

1. Minimum lot size.

2. Minimum lot width.

3. Minimum setbacks.

4. Minimum yard or frontage requirements.

5. Lot coverage and floor area ratio.

B. No lot or parcel shall be divided so that any division of the lot contains more dwelling units than are permitted by the zoning district for which the lot or parcel is located.

C. No lot or parcel shall be divided so that any division of the lot results in a split zoning classification on a single lot or parcel.

D. No lot or parcel shall be divided so that any division of the lot or parcel results in the creation of a nonconforming structure or use.

E. No lot or parcel shall be divided so that any division of the lot results in a lack of legal access to any lots or parcels created by the division. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-6-030)

Section 12-5-040 Application Process

A. Preapplication Meeting. A preapplication meeting is mandatory. The purpose of the preapplication meeting is to:

1. Provide staff with an opportunity to review and comment on proposals prior to submittal.

2. Discuss the development review process and required submissions with the applicant.

3. Identify issues that need to be resolved in future submissions.

4. Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities.

5. Persons applying will be required to submit a preapplication meeting request, including the site plan and supporting documentation. These materials shall be submitted to the Community Development Department, who shall determine if the application is complete. If the application is complete, the Community Development Director or designee will notify the applicant. A deposit toward potential outside consultant fees incurred by the Town in the processing and review of a submittal shall be required per Article 3-4 of the Town Code.

a. If the application is determined to be incomplete, the Community Development Director or designee shall notify the applicant by electronic communication and specify the additional materials required to make the application complete.

b. After the application has been accepted as complete the Community Development Department will distribute copies of the submittal to the Subdivision Committee.

6. The Community Development Department may hold an on-site inspection of the site to review the existing conditions, verify the information submitted, and investigate the development proposal.

7. Following receipt of the comments from the various departments and agencies, the Community Development Director or designee shall forward one complete copy to the applicant via electronic communication.

B. Submittal of Application. This section outlines the minimum information needed to enable the Town to make informed and expeditious decisions regarding applications for minor land divisions. Unless exempted by the Community Development Director, the information contained in this section shall be provided by each applicant. All mapped data shall be drawn to a scale of not greater than one inch equals one hundred (100) feet. Application requirements:

1. Completed minor land divisions application.

2. A minor land divisions survey from a land surveyor registered in the State of Arizona containing the following information:

a. Title, which shall read “Minor Land Division Map for (name of applicant).”

b. Location by section, township, and range.

c. Legal description of land involved.

d. APN of parcel.

e. Name, address, email address and phone number of applicant and/or owner.

f. Scale, north point, and dates of preparation and revisions.

g. Existing streets (public or private), utility easements, and lot or parcel lines.

h. Name, address, registration number, and seal of the registered land surveyor preparing the map.

i. Boundaries of the tract to be divided fully balanced and closed showing all bearings and distances determined by an accurate survey in the field. All dimensions shall be shown in feet and decimals.

j. Location and dimensions of all lots within the minor land division map. All sides of the proposed lots shall be identified by bearing and distances.

k. All lots shall be identified by number or letter.

l. Proposed street dedications or private access easements, as well as public utility easements, shall be identified by course, length and width.

m. If questions pertaining to property boundaries develop, the Community Development Department may require location of all existing physical and natural features, including, but not limited to, buildings, structures, bridges, culverts, within the minor land division boundaries. The applicant shall also identify any of those features which are to be removed.

n. The map shall include signature blocks for the Community Development Director and the Public Works Director, including the date of approval.

o. Identify any public utility extensions or upgrades, when required, to serve proposed land division.

p. Any ingress or street improvements necessary to ensure compliance with emergency vehicle access, dust abatement, and drainage improvements necessary to mitigate any negative effects on current public infrastructure adjacent to and/or fronting the proposed land division.

q. Other information as deemed applicable by the Director to enable the Town to determine the compliance of the minor land division with applicable ordinances and regulations.

3. Payment of a fee for review of the application.

4. Documentation of the land division history of the parcel proposed to be divided in the form of a chain of title or a history of the ownership of the parcel proposed to be split, dating back to December 12, 1986, the effective date of the code; the chain of title or history of ownership shall be provided so as to determine whether or not the proposed land split constitutes a subdivision. Such documentation shall be presented by a recognized title company doing business in the State of Arizona in the form of a title history search, copies of deeds, or Yavapai County Assessor’s records and maps.

5. The Community Development Director or designee shall check all submittals to ensure the application is in compliance with the objectives and standards of this chapter and the General Plan.

6. Upon receipt of a completed application, the Director or their designee, shall approve or deny the application within thirty (30) days.

1. If approved, the applicant shall submit the following: a final, recordable, reproducible map consistent with the approved plan showing all lot, tract or parcel corners, dimensions, a complete legal description of the site and of each lot, tract or parcel, and signature blocks for the Community Development Director and the Public Works Director.

2. Upon written approval by the Director, applicant shall record the minor land division map with the Yavapai County Recorder’s Office. Said recording shall occur within sixty (60) days of approval, or the minor land division shall automatically become null and void. A copy of the recorded land division shall be provided to the Community Development Department after being recorded. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-6-050)

Section 12-5-050 Conspiracy to Subdivide

Any minor land division or sequence of divisions which are the result of two (2) or more individuals, firms, partnerships or corporations conspiring together to create four (4) or more parcels of land shall be deemed a subdivision and subject to all provisions of the Town of Clarkdale Subdivision Ordinance. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-6-060)

Section 12-6-010 Purpose of Lot Line Adjustment

The lot line adjustment is an agreement between adjoining property owners to adjust a common boundary line. No new lots or parcels are created. For purposes of this chapter, a lot line adjustment shall include the following acts:

A. The lot line adjustment between owners of adjoining properties solely for the purpose of revisions to common boundary lines; and

B. Additional lots are not being created. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-6-070)

Section 12-6-020 General Standards

A. All lot line adjustments shall be developed to comply with all requirements for the specific zoning district in which the divisions are located. At a minimum, these will include meeting the following, if applicable:

1. Minimum lot size.

2. Minimum lot width.

3. Minimum setbacks.

4. Minimum yard or frontage requirements.

5. Lot coverage and floor area ratio.

B. No lot line adjustment shall result in more dwelling units than are permitted by the zoning district for which the lot or parcel is located.

C. No lot line adjustment shall result in a split zoning classification on a single lot or parcel.

D. No lot line adjustment shall result in the creation of a nonconforming structure or use.

E. No lot line adjustment shall result in a lack of legal access to any lots or parcels created by the division. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 12-6-080)

Section 12-6-030 Application Process

An application for a lot line adjustment shall be submitted to the Community Development Department. The Community Development Director or designee shall have thirty (30) working days to approve or reject the application.

A. Submittal of Application. This section outlines the minimum information needed to enable the Town to make informed and expeditious decisions regarding applications for lot line adjustments. Unless exempted by the Community Development Director, the information contained in this section shall be provided by each applicant. All mapped data shall be drawn to a scale of not greater than one inch equals one hundred (100) feet.

1. Completed lot line adjustment application.

2. Lot line adjustment survey completed by a registered land surveyor in the State of Arizona.

3. Payment of the application fee.

D. Actions After Approval. If approved, the applicant shall submit the following:

1. A final, recordable, reproducible map consistent with the approved plan showing all lot, tract or parcel corners, dimensions, a complete legal description of the site and of each lot, track or parcel, and signature block for the Community Development Director and the Public Works Director.

Section 12-7-010 Appeals

Any order, requirement, decision, determination, interpretation, or administrative action made pursuant to, or in the administration or enforcement of, any provision of this chapter may be appealed to the Board of Adjustment, except as expressly provided herein.

A. Persons Aggrieved. An appeal may be filed by:

1. The applicant or permittee; or

2. Any taxpayer who owns or leases real property that is directly adjacent to, or located within three hundred (300) feet of the exterior boundary of the subject property at the time the decision is rendered; or

3. Any officer, board, commission, or department of the Town that is directly affected by the decision.

B. Procedure. All appeals shall be processed, noticed, and heard in accordance with Article 17-2, Board of Adjustment, of the Town Code, as amended.

C. Finality; Exception. Decisions rendered by the Town Council shall be final and conclusive and shall not be subject to appeal under this chapter, as the Town Council serves as the Board of Adjustment for such matters. However, any person aggrieved, as defined above, by any order, requirement, decision, determination, interpretation, or administrative action of Town Council, may follow the process as outlined in Section 17-2-5 of the Town Code. (Created by Ordinance #454 on 5/12/26; effective 6/11/26)