17.15.050 Stage IV – Final plat

17.15.050 Stage IV – Final plat.

No later than one (1) year after the approval of a preliminary plat, a developer may apply for approval of a final plat. Failure to do so will automatically nullify the approval of the preliminary plat without any action by the city unless the planning and zoning director has approved an extension prior to the expiration of one (1) year.

(1) In General. The final plat stage involves the final design of the subdivision, submittal of engineering plans and specifications (if not already completed), final covenants, conditions and restrictions (CC&Rs), satisfactory assurance documentation, execution of a development agreement, if applicable, and signing of an Infrastructure Improvement Agreement (IIA).

(2) Zoning. The zoning of a tract must permit the proposed development. Zoning changes required to enable the property to be developed as proposed must be approved by the city council prior to the submission of a preliminary plat (see Section 17.15.030, Stage II – Preliminary plat).

(3) Easements. It shall be the responsibility of the developer to provide on the final plat, prior to plat recordation, such easements in such location and width as required for public utility purposes. The following notation shall be placed on all final plats:

Construction within easements, except by public agencies and utility companies, shall be limited to utilities and wood, wire or removable section-type fencing and/or plantings or turf. It is understood that the utility companies will not be required to replace any obstructions or plantings that must be removed during the course of maintenance, construction, or reconstruction within any utility easement.

(4) Diminution of Fair Market Value Waiver Required. An executed, notarized waiver by the owner of the subject property of any and all claims for diminution in fair market value as defined by A.R.S. § 12-1134, must be submitted with the final plat application.

(B) Final Plat Submission. In addition to a completed final plat application form and fee payment, a complete submittal shall include:

(1) One (1) half-scale copy of the final plat sized eleven (11) inches by seventeen (17) inches and six (6) full-scale copies sized twenty-four (24) inches by thirty-six (36) inches with the scale not to exceed one hundred (100) feet to one (1) inch. The planning and zoning director may permit a variation in that scale should there be unusual size or shape to the tract proposed for subdividing. If more than two (2) sheets are required for the drafting of the final plat, an index sheet of the same dimensions illustrating the layout of the entire subdivision shall be shown.

(2) A certificate or letter from each utility company providing service to the area indicating approval of the method of the proposed utility installations and confirming the availability of services.

(3) An Arizona Department of Transportation access permit, where required.

(4) If not already completed in Stage III, an Infrastructure Improvement Agreement (IIA) shall be consummated between the developer and the city. During this process, an IIA payment shall be presented to the planning and zoning director prior to scheduling the items for review by the city council.

(5) A completion date for the construction of the improvements shall be declared and notice given to the director, which date shall be approved by the city council. The completion date for the improvements shall not exceed two (2) years from the date of such approval. Failure to complete the improvements by the completion date may cause the forfeiture of the assurances described hereafter, in subsection (B)(12) of this section.

(6) A final plat, in recordable form, on disk in digital format compatible with the City of Show Low computer database to facilitate the inclusion of the final plat into the city parcel database. Typically, the form of these files will be in DXF, DWG or other similar industry standards digital file developed in AutoCAD R13 or greater.

(7) A copy of the protective CC&Rs in the form for recording shall be submitted and recorded with the final plat. The CC&Rs shall include, at a minimum, a mechanism to allow the capability for home or property owners to establish or create a homeowners association subsequent to the declarant conveying a majority of the subdivided properties to other parties. The CC&Rs shall state that notwithstanding any other provision of the CC&Rs a lot owners association may be created by lot owners’ majority vote thereof, subsequent to the conveyance of a majority of the platted lots by the declarant.

(a) North arrow, scale, and date.

(b) A title which includes the name of the subdivision and its location by section, township, range and county.

(a) Subdivision boundary lines and corners, together with courses and distances and all curve or angle data. Subdivision corners must be shown and must close on the ground within 0.05 foot per one hundred (100) feet; other monuments, lot corners, and other survey points must also be described and located. One (1) tie must be made by true course and distance to a GLO corner, or, if none exists, to a corner of common acceptance. Proposed subdivisions adjacent to existing subdivisions must tie to the corners of the existing subdivisions. Adjoining property must be identified by subdivision name, or if unsubdivided, and Forest Service lands noted. All connecting streets, private and public and Forest Service roads must be shown and named.

(b) Name, courses, length and width of all public streets and street cross sections; radii, points of tangency, and central angles of all curvilinear streets; radii of all rounded street line intersections; location, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the public; and a statement noting that the streets dedicated on the plat will not be accepted for city maintenance until they are brought up to minimum city standards.

(c) A registered professional land surveyor must certify that all lots are staked, or will be staked within six (6) months.

(a) Utility easements intended to remain on the property: The notation as described in Section 17.15.050(A)(3) shall be on the final plat.

(b) Drainage easements intended to remain on the property, with the following notation:

Natural, unimpeded flow is preferred in all drainage ways, wherever practical. No structure of any kind may be constructed or placed, nor may any vegetation be planted nor be allowed to grow within, on or over any drainage easement which would obstruct or divert the flow of storm water. The city may construct and/or maintain drainage facilities on or under the land in any drainage easement.

(a) Name, right-of-way lines, courses, lengths, width of all public streets, crosswalks, and utility easements; radii, points of tangency and central angles of all curvilinear streets and rounded street line intersections.

(b) Utility easements needed in conjunction with the new plat to include the notation as cited in Section 17.15.050(A)(3).

(c) All drainage ways shall be shown on the plat. The rights-of-way or easements for all major drainage ways, as designated by the public works director, shall be dedicated to the public.

(d) Location and dimension of all residential lots, including identification of each lot by number and size of each lot, total number of lots and average and minimum lot sizes.

(e) All residential lots shall be numbered by consecutive numbers throughout the plat. “Exception,” “tracts,” and parks shall be so designated, lettered or named and clearly dimensioned.

(f) Locations, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the public with the use clearly indicated.

(g) Location of all adjoining subdivisions with date, map and page number of recordation noted, or, if unrecorded or unsubdivided, so marked.

(12) Assurances. In order to ensure proper installation of subdivision improvements, the developer shall designate the type of assurance in a form and method acceptable to the city attorney and approved by city council in conjunction with review of the final plat. Approved forms of assurance are available from the planning and zoning department. A final copy of said assurance shall be submitted to staff within ninety (90) days of council approval, and prior to the recordation of any final subdivision plat approved by the city council. The amount of said assurance shall be based on a cost estimate prepared by a registered civil engineer in an amount to cover one hundred twenty (120) percent of the complete installation of the improvements. Failure to provide approved assurances of construction within said ninety (90) days shall be grounds for revocation of the final plat. Continued failure to provide approved assurances of construction following fourteen (14) days’ written notice to the applicant as indicated on the subdivision final plat application form shall cause the final plat to be deemed revoked. This assurance shall provide for its forfeiture to the city in the event the improvements are not accepted by the city by the declared completion date due to the default of the developer or the appropriate real part in interest. Any portion of the forfeiture in excess of the expenses incurred by the city in connection with the installation of the improvements shall be returned to the developer or the appropriate real party in interest. The developer must provide the city with one (1) of the following types of financial assurances for the completion of the construction of the improvements required for the development of the subdivision:

(i) The developer shall deposit with the city clerk cash or a surety bond, or an irrevocable letter of credit issued by an approved lending institution.

(ii) The surety bond shall be executed by the developer with a corporation duly licensed and authorized to transact surety business in the state of Arizona, as surety. The bond shall be in favor of the city, shall be continuous in form, and shall require that the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond, regardless of the number of years the bond is in force, and shall provide that:

A. The bond, cash, or letter of credit shall be released upon satisfactory completion of the work and its acceptance by the city council.

B. Progress payments may be made to the developer on his order from any cash deposit made. Such progress payments shall be made in accordance with standards established by the public works director.

C. The bond or letter of credit may be cancelled by the developer; provided, that other security, satisfactory to the city attorney, has been deposited which will cover the obligations of the developer which remain to be performed.

D. Any work abandoned or not completed by the developer may be completed by the city, which shall recover the construction costs from the developer, the bonding agent, or approved lending institution.

(b) Assurance of Construction Through Loan Commitment. In lieu of providing assurance of construction in the manner provided above, the developer may provide assurance of construction of all required utility and infrastructure improvements, by delivering to the city in a manner described above, an appropriate agreement acceptable to the city attorney between an approved lending institution and the developer, which provides:

(i) A statement that funds sufficient to cover the entire cost of installing the required improvements, including engineering and inspection costs, and the cost of replacement or repairs of any existing streets or improvements demanded by the city in the course of development of the subdivision have been deposited with such approved lending institution by the developer. The agreement shall provide that the funds in the approved amount are specifically allocated, and will be used by the developer, or on his behalf, only for the purpose of installing the subdivision improvements.

(ii) That the city shall be the beneficiary of such agreement, or the developer’s rights shall be assigned to the city, and the public works director shall approve each disbursement of such funds.

(c) Alternative Assurances. In lieu of providing a surety bond or an agreement between the subdivision developer and an approved lending institution, the city attorney may approve and recommend to city council such alternative assurances that it deems sufficient to guarantee and assure construction of the required improvements, including a contractual agreement by an approved lender guaranteeing the performance of the subdivision developer.

(d) An approved lending institution for purposes of this title is an FDIC-insured bank or savings and loan association licensed and authorized to do business in Arizona.

(13) Dedication and Acknowledgment. A statement dedicating all streets and easements for public use by the person holding legal title of record to the property. If the property contains any liens, all lienholders shall execute an appropriate release for all dedications. If the plat shows private accessways, it must note that public utilities, including refuse collectors, shall be reserved the right to install, conduct and maintain utilities in such accessways. The signatures following this dedication and acknowledgment shall be notarized.

(14) Final Plat Review. Upon acceptance of an application for approval of a final plat, the director will have ten (10) working days to advise the applicant if the submittal is complete. Copies of complete applications will be sent to the city departments and utility and public safety agencies that serve the area. When an application has been determined to be complete, the city council shall consider the proposed final plat no sooner than twenty-one (21) days.

(a) Recordation. Upon receipt of the required assurances, and proof of adequate water supply, the applicant will provide the city with three (3) copies of the approved final plat drawn in permanent black ink on Mylar approximately four (4) mil in thickness. The director will have the final plat recorded and provide a recorded copy of the plat to the applicant. (Ord. No. 2008-12, §§ 1, 2, 9-16-08; Ord. No. 2008-12, § 2, 11-18-08. 1976 Code § 12-2-5)