Chapter 30
SUBDIVISIONS[1]
Art. I. Purpose
and Definitions, §§ 30-1—30-9
Art. II. Platting Procedures and Requirements,
§§ 30-10—30-19
Art. III. Subdivision Design Principles and
Standards,
§§
30-20—30-29
Art.
§§
30-30—30-39
Art. V. Land Splits, §§ 30-40—30-49
Art. VI. Variances, Violations and Penalties,
§§ 30-50—30-52
ARTICLE
I. PURPOSE AND DEFINITIONS
Sec. 30-1. Purpose and intent.
(a) The
purpose of this chapter is to provide for the orderly growth and harmonious
development of the city; to insure adequate traffic circulation through
coordinated street, transit, bicycle and pedestrian systems with relation to
major thoroughfares, adjoining subdivisions, and public facilities; to achieve
individual property lots of reasonable utility and livability; to secure
adequate provisions for water supply, drainage, sanitary sewerage, and other
health requirements; to insure consideration for adequate sites for schools,
recreation areas, and other public facilities; to promote the conveyance of
land by accurate legal description and plat; and to provide logical procedures
for the achievement of this purpose.
(b) In
its interpretation and application, the provisions of this chapter are intended
to provide a common ground of understanding and a sound and equitable working
relationship between public and private interests to the end that both
independent and mutual objectives can be achieved in the subdivision of land.
(Ord.
No. 99.21, 8-12-99)
Sec. 30-2. Definitions.
For the purpose of this chapter,
certain words, terms and phrases are defined as follows:
Bicycle
facilities means bike paths, bike lanes, lighting facilities, bike racks,
bike lockers and all other necessary equipment and facilities to safely operate
bicycles.
Block
means a piece or parcel of land or group of lots entirely surrounded by public
rights-of-way, streams, railroads or parks, or a combination thereof.
Commission
means the City of
Conditional
approval means an affirmative action by the commission or the council
indicating that approval will be forthcoming upon satisfaction of certain
specified stipulations.
Council
means the "city council" of the City of
Department
means the "development services department" of the City of
Engineering
design criteria means that criteria adopted by the council in Resolution
No. 99.47, as amended from time to time.
Engineering
plans means plans, profiles, cross-sections, and other required details for
the construction or public improvements, prepared by an engineer, registered in
the State of Arizona, in accordance with the approved preliminary plat and in
compliance with standards of design and construction approved by the council.
Exception
means any parcel of land which is within the boundaries of the subdivision but
which is not owned by the subdivider.
Final
approval means approval of the final plat by the council, as evidenced by
certification on the plat by the mayor of the city, constitutes authorization
to record a plat.
General
plan means a comprehensive plan, or parts thereof, providing for the future
growth and improvement of the City of Tempe and for the general location and
coordination of streets and highways, schools and recreation areas, public
building sites, and other physical development, which shall have been duly
adopted by the city council.
Irrigation
facilities includes canals, laterals, ditches, conduits, gates, pumps, and
allied equipment necessary for the supply, delivery, and drainage of irrigation
water and the construction, operation and maintenance of such.
Land
splits means the division of improved or unimproved land whose area is two
and one-half (2-1/2) acres or less into two (2) or three (3) tracts or parcels
of land for the purpose of sale or lease or as defined in A.R.S. § 9-463.
Corner lot means a lot abutting on two
(2) or more intersecting streets where the interior angle of intersection does
not exceed one hundred thirty-five degrees (135°).
Interior
lot means a lot having but one side abutting on a street.
Key lot means an interior lot, one side
of which is contiguous, or separated only by an alley, to the rear line of a
corner lot.
Through
lot means a lot abutting two (2) parallel or approximately parallel
streets.
(1) If
the side property lines are parallel, the shortest distance between these side
lines.
(2) If the side property lines are not
parallel, the width of the lot shall be the length of a line at right angles to
the axis of the lot at a distance equal to the required front or rear building
setback line, whichever is the lesser, for the district in which the lot is
located. The axis of a lot shall be a line joining the midpoints of the front
and rear property lines.
Multi-use
path means a paved concrete pathway physically separated from on-street
motorized vehicular traffic by an open space or barrier (e.g. landscaping) and
designated for the exclusive use by non-motorized traffic, as shown in City of
Pedestrian
way means a public walk dedicated entirely through a block from street to
street or providing access to a school, park, transit stop, multi-use path,
recreation area or shopping center.
Plat
means a map of a subdivision.
(1) Preliminary
plat means a preliminary map, including supporting data, indicating a
proposed subdivision development.
(2) Final
plat means a map of all or part of a subdivision providing substantial
conformance to an approved preliminary plat, prepared by a registered land
surveyor.
(3) Recorded
plat means a final plat bearing all of the certificates of approval
required in § 30-13 (10) of this code and duly recorded in the Maricopa
County Recorder's office.
Preliminary
approval means approval of the preliminary plat by the commission or
council and constitutes authorization to proceed with final engineering plans
and final plat preparation.
Public
improvement standards means a set of regulations setting forth the details,
specifications, and instructions to be followed in the planning, design, and
construction of certain public improvements in the city, formulated by the city
engineer, the county health department and other city departments and as
approved by the council.
Subdivider
means those persons or entities as defined by A.R.S. § 9-463, as it may be
amended from time to time.
Subdivision
means improved or unimproved land or lands divided for the purpose of
financing, sale or lease, whether immediate or future, into four (4) or more
lots, tracts or parcels of land, or, if a new street is involved, any such
property which is divided into two (2) or more lots, tracts or parcels of land,
or, any such property, the boundaries of which have been fixed by a recorded
plat, which is divided into more than two (2) parts. "Subdivision" also includes 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 plats 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 or as defined in A.R.S. § 9‑463.02, as it may be amended
from time to time.
Transit
facilities means bus
bays, transit stops, transit shelters and furniture, transit dedicated lanes,
railroad tracks, rights-of-way, easements and other allied equipment necessary
for the safe operation of the transit system and well being of passengers.
Utilities
means installations or facilities, underground or overhead, furnishing for the
use of the public: electricity, gas, steam, communications, water, drainage,
sewage disposal, or flood control, owned and operated by any person, firm,
corporation, municipal department, or board, duly authorized by state or
municipal regulations.
(Ord.
No. 99.21, 8-12-99; Ord. No. 2004.42, 1-20-05; Ord. No. 2006.01, 1-5-06)
Secs. 30-3—30-9. Reserved.
ARTICLE
II. PLATTING PROCEDURES AND REQUIREMENTS
Sec. 30-10. Outline of procedures.
The preparation, submittal, review, and
approval of all subdivision plats located inside the limits of the city shall
proceed through the following progressive stages:
(1) Stage
I - pre-application conference.
(2) Stage
II - preliminary plat.
(3) Stage
III - final plat.
(Ord.
No. 99.21, 8-12-99)
Sec. 30-11. Stage I - pre-application conference.
(a) The
pre-application conference stage of subdivision planning comprises an
investigatory period which precedes actual preparation of preliminary plans by
the subdivider. During this stage, the
subdivider makes known his intentions to the department and is advised of
specific public objectives related to the subject tract and other details
regarding platting procedures and requirements.
(b) During
this stage, it may be determined that a change in zoning would be required for
the subject tract or a part thereof, and in such case the subdivider shall initiate
the necessary rezoning application.
(c) In
carrying out the purposes of the pre-application stage, the subdivider and the
department shall be responsible for the following actions:
(1) Actions
by the subdivider. The subdivider
shall meet informally with the department to present a general outline of his
proposal, including but not limited to:
a. Sketch plans and ideas regarding land use,
street and lot arrangement, tentative lot sizes.
b. Tentative proposals regarding water
supply, sewage disposal, surface drainage and street improvements.
(2) Actions
by the department. The department
will discuss the proposal with the subdivider, provide advice of procedural
steps, design and improvement standards, and general plat requirements. Then, depending upon the scope of the
proposed development, the department will proceed with the following
investigations:
a. Check existing zoning of the tract and
make recommendations if a zoning change is necessary or desirable.
b. Determine
the adequacy of existing or proposed schools, parks and other public spaces.
c. Inspect the site or otherwise determine
its relationship to major streets, transit services, bicycle and pedestrian
facilities, utility systems, and adjacent land uses and to determine any
unusual problems such as topography, utilities, flooding, etc.
(Ord.
No. 99.21, 8-12-99)
Sec. 30-12. Stage II - preliminary plat.
The preliminary plat stage of land
subdivision includes detailed subdivision planning, submittal, review and
approval of the preliminary plat. To
avoid delay in processing his application, the subdivider should carefully
provide the department with all information essential to determine the
character and general acceptability of the proposed development as set forth
below:
(1) Zoning. The subdivision shall be designed to meet the
specific requirements for the zoning district within which it is located. However, in the event that an amendment or variance
of zoning is necessary, said action shall be initiated by the property owner or
his authorized agent. Any zoning change required in relation to the preliminary
plat shall have been adopted prior to or concurrent with preliminary plat
approval.
(2) Sanitary
sewerage and water supply. As a
prerequisite of preliminary plat review by the department, the subdivider shall
have informed the county health department and the city engineering department
of his tentative plans and learned the general requirements for sewage disposal
and water supply as applied to his location.
(3) Preliminary plat submission. Preliminary plat submission shall include the
following:
a. Sixteen (16) copies of the preliminary
plat and required supporting data, prepared in accordance with requirements set
forth in § 30-12 (7)—(12) and § 30-20—30-26 of this code, shall be
filed with the department at least thirty (30) days prior to the commission
meeting at which the subdivider desires to be heard. Copies of the preliminary plat shall be
reproduced in the form of blueline or blackline prints on a white background
and other reproductions as required by the department. Scheduling of the case
for commission hearing shall be dependent upon adequacy of data presented and
completion of processing.
b. The submittal shall be checked by the
department for completeness and assigned a case number; if incomplete as to
those requirements set forth in § 30-12 (7)—(12), the submittal shall be
rejected and the subdivider notified.
c. Fees for processing applications shall be
required and payable in such sums as the city council may from time to time
establish by resolution.
(4) Preliminary plat review. Preliminary plat review shall be processed as
follows:
a. On receipt of the preliminary plat, the
department shall perform its review for compliance to public objectives, giving
special attention to design principles and standards as set forth in Article
III of this chapter, streets and thoroughfares, transit, bicycle and pedestrian
facilities, neighborhood circulation, utility methods and systems, existing and
proposed zoning and land use of the tract and its environs, and land required
for schools, parks and other public facilities.
b. The department shall distribute copies of the
plat to the following reviewing offices:
1. Adjacent governmental jurisdictions where
land abuts or is in close proximity to said jurisdiction.
2. Manager of public works and city engineer
for review of drainage and flood control measures; proposed street system;
traffic, transit, bicycle and pedestrian plans and facilities; water and sewage
disposal proposals; street plans and compliance with city road standards; and
for tentative determination of street and drainage improvement and maintenance
requirements.
3. Parks and recreation department for
recommendations regarding parks and recreation spaces.
4. Police chief and fire chief for review of
features of proposed development relating to their respective areas of
operation.
5. County health department for review of
water and sewage disposal proposals.
6. Superintendent of the appropriate school
district for his information.
7. Where the land abuts a state highway, to
the
8. To affected utility companies for
recommendations.
(5) Preliminary plat approval. Preliminary plat approval shall be processed
as follows:
a. If the plat is generally acceptable but
requires minor revision before proceeding with preparation of the final plat,
the commission shall find conditional approval, the required revisions being
noted in the meeting minutes. At the
direction of the commission, the plat maybe given preliminary approval by the
department when it has been satisfactorily revised in accordance with the
stated conditions and reviewed by the department.
b. If the commission finds that the plat
requires major revision, the case shall be held over pending revision,
resubmittal, processing and rescheduling for hearing.
c. If a 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.
(6) Significance
of preliminary approval. Preliminary
approval constitutes authorization for the subdivider to proceed with
preparation of the final plat and the engineering plans and specifications for
public improvements. Preliminary
approval is based upon the following terms:
a. The basic conditions under which
preliminary approval of the preliminary plat is granted will not be changed
prior to expiration date.
b. Approval is valid for a period of twelve
(12) months from date of commission or council approval, whichever is later.
c. Subdivider may request council approval of the preliminary plan
within twelve (12) months from date of commission action.
d. Preliminary approval, in itself, does not
assure final acceptance of streets for dedication or continuation of existing
zoning requirements for the tract or its environs.
(7) Information
required for preliminary plat submittal and form of presentation. The information hereinafter 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, said scale
having not more than one hundred (100) feet to the inch. Whenever practical, scales shall be adjusted
to produce an overall drawing measuring twenty-four (24) inches x thirty-six
(36) inches.
(8) Identification
and descriptive data. Identification
and descriptive data shall include the following:
a. Proposed name of subdivision and its
location by section, township, and range; reference by dimension and bearing to
a section corner or quarter-section corner.
b. Name, address and phone number of
subdivider.
c. Name, address and phone number of the
person preparing plat.
d. Scale, north point and date of preparation
including dates of any subsequent revisions.
e. A location map which shall show a title,
scale, appropriate streets and north arrow.
(9) Existing
conditions data. Existing conditions
and data shall include the following:
a. Topography by contours related to USGS
survey datum, or other datum required by the city engineer, shown on the same
map as the proposed subdivision layout.
Contour interval shall be such as to adequately reflect the character
and drainage of the land.
b. Location of water wells, streams, canals,
irrigation laterals, private ditches, washes, special flood hazard areas,
lakes, or other water features; direction of flow; location and extent of areas
subject to inundation whether such inundation be frequent, periodic or
occasional.
c. Location, widths, and names of all platted
streets, alleys, railroads, utility right-of-way of public record, public
areas, permanent structures to remain including water wells and municipal
corporation lines within or adjacent to the tract.
d. By note, the existing zoning
classification of the subject tract and adjacent tracts.
e. By note, the acreage of the tract.
f. Boundaries of the tract to be subdivided
shall be fully dimensioned.
(10) Proposed
conditions data. Proposed conditions
data shall include the following:
a. Street layout, including location, width,
and proposed names of public streets, alleys, walkways, multi-use paths,
transit facilities, bicycle facilities, pedestrian facilities, easements and
connections to adjoining platted tract.
b. Typical lot dimensions (scaled),
dimensions of all corner lots and lots of curvilinear sections of streets, each
lot numbered individually, total number of lots.
c. Location, width and use of easements.
d. Designation of all land to be dedicated or
reserved for public use with use indicated.
e. If plat includes land for which
multi-family, commercial, or industrial use is proposed, such areas shall be
clearly designated together with existing zoning classification and status of
zoning change, if any.
(11) Proposed
utility methods. Proposed utility
methods shall include the following:
a. Sewage
disposal. It shall be the
responsibility of the subdivider to furnish the county health department such
evidence as that department may require to its satisfaction as to design and
operation of sanitary sewer facilities proposed. A statement as to the type of facilities
proposed shall appear on the preliminary plat.
b. Water
supply. Evidence of adequate volume
and quality satisfactory to the county health department and substantiated by
letter from that department.
c. Storm
water disposal. Preliminary
calculations and layout of proposed system and locations of outlets, subject to
approval of the city engineer.
(12) Engineering
design criteria. All data shall
conform to the City of
(Ord.
No. 99.21, 8-12-99; Ord. No. 2001.17, 7-26-01; Ord. No. 2006.25, 4-6-06)
Sec.
30-13. Stage III - final plat.
This stage includes the final design of
the subdivision, engineering of public improvements, and submittal of the plat
and plans by the subdivider for review and for action by the council as set
forth below:
(1) Zoning. Zoning of the tract shall permit the proposed
use, and any zoning amendment necessary shall have been adopted by the council
prior to filing of the final plat.
(2) Easements. It shall be the responsibility of the
subdivider to provide on the final plat such easements in such locations and
width as required for utility purposes.
Prior to filing the final plat, he shall have submitted the plat to the
person(s) authorized to perform plat review for the utility interests.
(3) Final
plat preparation. The final plat
shall be prepared in accordance with requirements set forth in § 30-13
(7)—(10) of these regulations and shall conform closely to the approved
preliminary plat.
(4) Final
plat submission. The subdivider
shall file with the department the final plat and eight (8) true copies thereof
and other reproductions as required by the department, together with a letter
of transmittal and recordation fee, at least twenty-one (21) days prior to the
commission or council meeting at which the case will be heard.
(5) Final
plat review. Final plat review shall
be processed as follows:
a. The department, upon receipt of the final
plat submittal, shall immediately record receipt and date of filing and check
it for completeness. If incomplete, the
date of filing shall be voided, and the submittal shall be returned to the
subdivider. If complete, the department
shall review the plat for substantial conformity to the approved preliminary
plat and refer copies of the submittal to the following reviewing offices who
shall make known their recommendations in writing:
1. Manager of public works and city engineer.
2. Parks and recreation department, when
applicable.
3.
4. County health department.
b. The department shall assemble the
recommendations of the various reviewing offices, prepare a concise summary of
recommendations, and submit said summary together with the reviewer's
recommendations to the council. In the
event that the department finds that the final plat does not conform to the
preliminary plat as approved by the commission or council, then the final plat
shall be submitted to the commission for review and recommendations prior to
submittal to the council.
(6) Final
plat approval. If the council finds
approval of the plat, the clerk shall transcribe a certificate of approval upon
the plat, first making sure that the other required certifications (see § 30-13
(10) a, b, c, d and e) have been duly signed, and that engineering plans have
been approved by the city engineer. When
the certificate of approval by the council has been transcribed on the plat,
the department shall record the approved final plat in the office of the county
recorder of
(7) Required
final plan information. The
following information is required for final plan submittal and method and
medium of presentation:
a. The record plat shall be drawn on plastic
or other non-shrinking material on a sheet measuring twenty-four (24) inches x
thirty-six (36) inches. The plan shall be drawn to a scale of one hundred (100)
feet to the inch from an accurate survey.
In certain unusual instances, for example where the area to be subdivided
is of unusual size or shape, the department may permit a variation in the scale
of the final plan. If more than two (2)
sheets are required for the drafting of the final plan, an index sheet of the
same dimensions shall be filed, showing the entire subdivision on one sheet and
the portion thereof contained on each of the other sheets.
b. Copies of the record plat shall be
reproduced in the form of blueline or blackline prints on a white background.
(8) Identification,
survey and descriptive data. All
identification, survey and descriptive data required on final plats shall
conform to the City of
(9) Dedication
and acknowledgment. Statement of
dedication of all streets, alleys, walkways, bikeways, multi-use paths, transit
facilities, drainageways, pedestrian ways, and other easements for public use
by the person holding title of record and by persons holding title as vendees
under land contract. If lands dedicated
are mortgaged, the mortgagee shall also sign the plat. Dedication shall include a written location
by section, township, and range of the tract.
If the plat contains private streets, public utility easements shall be
dedicated on the plat. Execution of
dedication shall be acknowledged and certified by a notary public.
(10) Required
certifications. The following are
required certifications:
a. Certification by the registered land
surveyor making the plat that the plat is correct and accurate, and that the
monuments described in it have been located as described.
b. Certificate of plat approval by the
development services department.
c. Certificate of plat approval by the city
engineer.
d. Certificate of plat approval by the city
council.
e. Certificate of recordation by the county
recorder.
(Ord.
No. 99.21, 8-12-99; Ord. No. 2001.17, 7-26-01; Ord. No. 2006.25, 4-6-06)
Secs.
30-14—30-19. Reserved.
ARTICLE III. SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
Sec.
30-20. General.
(a) Every
subdivision shall conform to the requirements and objectives of the general
plan, or any parts thereof, as adopted by the commission and the city council,
to the Zoning and Development Code and to other ordinances and regulations of
the city, and to the Arizona Revised Statutes.
(b) Where the tract 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 commission, such
site should be dedicated to the public or reserved for acquisition by the
public within a specified period of time.
An agreement should be reached between the subdivider and the
appropriate public agency regarding time, method and cost of such acquisition. In the event the commission determines that
such an agreement has not been reached within a reasonable period of time, then
the commission may make a determination that the requirements of this section
have been met.
(c) Land
which is subject to periodic flooding, land which cannot be properly drained,
or other land which, in the opinion of the city, is unsuitable for any use
shall not be subdivided; except that the city may approve subdivision of such
land upon receipt of evidence from the city engineer that the construction of
specific improvements can be expected to render the land suitable; thereafter,
construction upon such land shall be prohibited until the specified
improvements have been planned and construction guaranteed.
(Ord.
No. 99.21, 8-12-99; Ord. No. 2004.42, 1-20-05)
Sec. 30-21. Street location and arrangement.
(a) Whenever
a tract to be subdivided embraces any part of a street designated in an adopted
city streets and highways plan, such street shall be platted in conformance
therewith.
(b) Street
layout shall provide for the continuation of such streets as the city may
designate.
(c) Certain
proposed streets, as designated by the city, shall be extended to the tract
boundary to provide future connection with adjoining unplatted lands.
(d) Local
streets shall be so arranged as to discourage their use by through traffic.
(e) Where
a proposed subdivision abuts or contains an existing or proposed arterial route,
the city may require marginal access streets or reverse frontage with
non-access easements along the arterial route, or such other treatment as may
be justified for protection of residential properties from the nuisance and
hazard of high volume traffic, and to preserve the traffic function of the
arterial route.
(f) 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.
(g) Half-streets
shall be discouraged except where necessary to complete a street pattern
already begun, or to insure reasonable development of a number of adjoining
parcels. Where there exists a platted
half-street abutting the tract to be subdivided, and said half-street furnishes
the sole access to residential lots, the remaining half shall be platted within
the tract.
(Ord. No. 99.21, 8-12-99)
Sec.
30-22. Street and block design.
All street and block design shall
conform to the City of
(Ord.
No. 99.21, 8-12-99)
Sec.
30-23. Pedestrian ways and multi-use paths.
Pedestrian ways and multi-use paths may
be required where essential for circulation, or access to schools, playgrounds,
shopping centers, transportation, and other community facilities. Pedestrian ways and multi-use paths may be
used for utility purposes.
(Ord.
No. 99.21, 8-12-99)
Sec.
30-24.
(a)
(b) Where steep topography, unusual soil
conditions, or drainage problems exist or prevail, the commission may recommend
special lot width, depth, and area requirements which exceed the minimum
requirements of the particular zoning district.
(c)
(d) Side
lot lines shall be substantially at right angles or radial to street lines,
except where other treatment may be justified in the opinion of the city.
(e) Every
lot shall abut upon a public street or furnish satisfactory access thereto.
(f) Single-family
residential lots extending through the block and having frontage on two (2)
parallel streets shall not be permitted; backing of lots to thoroughfares shall
be prohibited except where expressly permitted by this chapter or where
justified in the opinion of the city.
(Ord.
No. 99.21, 8-12-99; Ord. No. 2004.42, 1-20-05)
Sec.
30-25. Easement planning.
(a) Utility easements. Easements for utilities shall be provided
along side lot lines, three (3) feet on each side of lot lines for distribution
facilities.
(b) Utility easements on curvilinear streets. For lots facing on curvilinear streets,
utility easements or alleys may consist of a series of straight lines with
points of deflection not less than one hundred twenty (120) feet apart. Points of deflection should always occur at
the junction of side and rear lot lines on the side of the exterior angle.
Curvilinear easements or alleys may be provided, providing that the minimum
radius for the alley or easement shall be not less than eight hundred (800) feet.
(c) Drainage
easements. Where a stream or
important surface drainage course abuts or crosses the tract, dedication of a
public drainage easement of a width sufficient to permit widening, deepening,
relocating, or protecting said water course shall be required.
(d) Lot areas. Land within a public street or drain easement
or land within a utility easement for major power transmission (tower) lines or
pipelines shall not be considered a part of the minimum required lot area
except where lots exceed one-half (1/2) acre in area. This shall not be construed as applicable to
land involved in utility easements for distribution or service purposes.
(e) Bus bay and shelter easements. All lots at far side of arterial to arterial
and arterial to collector intersections shall provide bus bay and shelter
easements as shown in the City of
(f)