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HomeMy WebLinkAboutOrdinance 77-007 Providing for subdivision, platting and improving real property ORDINANCE NO, 77-7 AN ORDINANCE PROVIDING FOR THE SUBDIVISION, PLATTING AND IMPROVING OF R~%L PROPERTY WITHIN THE TO~ OF MARANA, .~RIZONA, PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND ~CLARING .~N ~ENCY. ~ereas~ the To~ Connci! of the Tot,m of Mar~a~ Arizona deems it necessary for the psace, health, safety, convenience, and general welfare of the oeop!e of the To~ of Maria to regulate the subdivi- slop of !~d '~_th~n the to,~ and ~ereas, the reyulation of the subdi~,sion of land ~-thin the Tc~m is required by laws of the State of Arizona, Now therefore, BE IT O~AIN~D BY T~ TO~ CO~CIL OF T~ TOt~ OF MARANA, ARIVONA AS ~LLOWS: 01. TITLE A~ PURPOSES 01.O! Title This Ordin~ce shall be entitled the "Subdivision Ordinate of The To~ of Marmna, Arizona," ~d may be so cited and pleaded. 01.02 ~oses The ~u~oses ~f this Ordinance shall be to promote the health, ~_~e~tv,... convenience, ~md ~enerat wefare of th~ ........ ~eo~,,,~,* and ~.~ure z~m~:.t~mts oz ~: T,:~.m ~""~na~ to fac:litate orderl,, ~,,,~,.t_, dove!o?~eat of the T?,m: t~ facilitate the transfer of land hav~ a .... t !ega~ ~ ~ ~ descriptions; to b,m.~ about the ~evelo~men6 of a m.o~o~ ~* 'ra~+~"~ ama ~holesome environment ~_thin and about the e, tab~ioh the rights~ duties, and ~ .. sub,!viPers vi2h respect to land subdi,,~sion. 02. IAND SHALL BE SUBDIVIDED BEFORE ~ o~ . t ...... tn:.s Ordinance, no person shall sub'~'i~ ~--' ~c+ of lard which ~= !:ocate.J '~hol!-~ or ~ e~chan~e~ or offer for sale, or purohase~ or offer to purchase an~T parcel of land v~ich is any parcel of land ~nich is any ~art efa subdivision of a larger tract of l~nd w~thin the abo'Te descr~e~ territor~y, nor shall any person df let for reeordin~ an~7 deed con~ veying a parcel of land or an?f interest therein unless he shall first have or cause to have made a ~lat thereof, which plat must be approved by the Town Council mud recorded in the office of the Recorder of the County of Pima before such sale or exchange or purchase is effected. The approval of the final plat shall be obtained by complying with all of the requirements of this Ordinance. 03. DEFINITIONS For the purpose of this Ordinance, the following definitions shall apply: 03.01 Subdivision: Or "subdivided lands:, means improved or unimproved land or lands divided or proposed to be divded for the purpose of sale or lease~ whether immediate or future~ into four or more lots or parcels within one yea~. This paragraph shall not apnly to the division or proposed division or pro- posed division of land located in the State of Arizona into lots or parcels each of which is, or will be~ thirty-s~x acres or more in area including to the center line of dedicated roads or easements, if any, contiguous to the lot or parcel. Subdi'~.der: A "subdivider" ~s any ~erson or !e~a! ent~t-- !a~;J~g out or ma~f~n~ a tand-di~sion for the pu~ose of ~a!e, offer]n~ ~or sale, or selli~ for h~mse]f or others ~ sub- div!s]on or an~; part therof. 03.0_~ 03.07 03.08 03.09 c~33o 10 o ~ar,~e Scale Development: A tract of land ,~fnich is p!~nned and developed as e single entity wherein the requirements applying to all buf!d!n~s and umprovements are modifie4 to ?onfo~ the approved ~lan and ~erein the streets, driveway's, and other ~?~on nro~e~i~ ~e_. maintained b7 the ~'~e.~ of the lots. Vicinity Plan: A map of chart sho~dn~ the relationship streets any lands in the surro,anding ~rea. P~elimina~ Plan: A map or chart of a ~roposed !and-di~_sion preoared in accordance ~th the provisions of this o~d_~ Final~l~t: A 7:ac ~¥ :hart ~f the land-d~ ...... ~o~n~.~ ~hich h~s been prepared in accordance ~th ~he oro'~sions of this ordinance and '~hich has been ~ * q ~c~raoe.y surveyed and such survey marked on the gronnd, so that streets, alleys~ blocks, lots, ~d other di~sions thereof are inden~ified. Planing ~d Zoning Co~iss~on: Me~s ~he duly appointed plan- ning ~d zoning eo~ission of the To~ of Maria, Arizona. Metes ~d Bo~mds: The~.desoription of a lot or parcel of !mud by courses and dis~ces. Easement: The qn~tity of l~d set aside or o~er which ~ t~ber~, pri~lege~ or adv~tsge in land ~ghont profit, e~sting distinct from the o',mershio of qbe l~d~ is granted 6o 6he public or some oartionl~r person or part of the public. Engineering Dra~gs.: Me~s dra~ng sho~ng t~ieal cross sec- tions of streets mud the details o~ location ~ad size of sidewalks, curb ~d gutters, storm sewers, water and sewer mains, a~d other improvements to be installed ~th~n the subdi~%sion, Arterial Streets: ~ street~ existing or Oroposed, .,~5eh ser~es or is intendod to serve as a major t~aff-~aY~ serving 6o con- vey traffic h,t,~een M~rann and ether comganni~ies as well as 03.12 03.13 03.14 o3.15 03.16 0 B.17 03.18 within the Town of Marana. Collector Streets: A street, existing or prooosed, which is supplementary to an arterial street and serves~ or is intended to serve, between neighborhoods or areas 'X_thin the Town. Minor Street: i street, existing or prono~ed, which is supple- mentary to a collector street smd of limited continuty which serve~, or is intended to serve, the local needs of a neighbor- hood. On-Site Facilities: Facilities installed within, or on the per- imeter of the subdivision. Off-Site Facilities: Facilities designed or located so as to serve ether property outside of the boundaries of the sub- division, ~ver-Size Facilities: Facilities with added capacity designed to serve other property in addition to the land within the boundaries of the subdivision, or development site. InterMenin~ ProOerty: Property located between the existing service facility and the territory within the subdivision. Town Planner-Plannin~ mud Zoning. Administrator: An individual who has been aopointedby the Town Council of the Town of Marana to wor~ with the plannin~ smd zoning commission as ~ts adminis- trative officer. 04 ~PROCEDURE FOR OBT^INING APPROVAL OF ^ SUBDIVISION 04.O1 Complete Procedure: The follo-~ng orocedure must be followed in order to obtain approval of a subdivision: Step 1o Subdivider notifies Town., Cleric Tmon Clerk furnishes subdivider with p!attin~ reml~ resents affecting the land to be s~bdivided, Step ~, Subdi~Mder prep2res v~cinity plan and submits the same Step 4. Step 5. Step 6. Step 7. Step 8. to the Town Counci!~ acting as the Town's planning and zonin~ commission (three copies). Subdivider may also prepare and submit prelimina~f plan and engi- neering drawing with .~cinity n!an (copies). The Town Councii~ acting as the Town!s Planning and Zoning Commissionj approves~ disapproves, or requires modification of vicinity plan. Town planner advises the Town Council. Subdivider prepares preliminary plan and engineering drawings, if he has not already done so~ and s~bmits to the Town Council. The Town Council~ acting as the Town's Planning and zoning commission then submits copies of plan to town engineer and ~tility companies, then approves, disap- proves, or approves plan with modifications. Town planner and town engineer and utility companies advise the Town Council. Subdivider prepares and submits final plat to the Town Council (One permanently reproducible copy~ and three prints), The Town Council, acting as the Town's Planning and Zoning Co,~mis~ion~ approves~ disapp~cv~, or %pproves f~n~l p~z with -'a~if!cd~o!~s, To'~ plsnnar tm~ to~mn engineer a:i'~i, ses the Tot~ Council. Subdivider ps,ts ~nd '~ith To',~ Clerk guaranteein~ reouired immrpvements, Subdivider re~n~ds ~]~ in office of county recorder Notification of To,,m Clerk of Proocsed Deve!cpment Pre- -~- 04.03 oh.oh ob.o% Step Step 3. Step 4. any person wishing to subdivide land ,.M_thin the Town of Mar~mna Arizona, shall notify the Town Clerk er other author_zed representative of such intention. The Town Clerk shall furnish information pertainin~ to the to~'s ol~ of streets, parks, drainage, ~ zoning ~d the extent of improvements which the subdivider ~ll be required to const~ct alone ~th other requirements affecting the l~d to be subSi~ded. Upon the appointment of a to~ planer, s~d to.~ p!~ner~shall be the authorized representative ~ich ~ll fu~ish this info~ation to subdi~ders. Pre,are Vicinity Pl~. After the subdi~der has dis- cussed his proposed development ~th the To~ Clerk or ~th the To~ Plier, if one has been appointed, he shall then prepare a ~cinity pl~ at a scale~:of not smaller th~ I inch to ~OO feet, ~d shall su~it three (3) copies of the sa~e to the To~ Co~cil, ac- compmnled by a ~itten application on fo~ fu~ished by the to~ clerk. To~ Council Aoproval o~.Vicinity Plan. The To~ Council shall renew ~d shall approve or disapprove the layout of the subdi~sion, or approve it subject to modifications. Prepare Preliminary Plgn and En~ineerin~ Dra~ngs. Upon approval of the Vicinity Pl~_n by the To~ Council, the subdi~der shall prepare a prelimina~ pl~ of the sub- ~i'~_s~on ~d shall submit three copies of the p!~n to the Te,~ Council, and on~ eo~y each to the water, gas, electric, ~nd telephone ~ti]Jty companies an~to the to~.m engineer. The subdi~der shall also sub~d.t a like 04.06 number of engineering drawings show!ny (1) t~ica! cross-sections of streets, (?) designs and locations of curbs, Mutters, sidewalks, (~) location ~d size of ~ere a subdi~der c,~s or controls ~ore !~nd th~n he ~_shes to develop i~ediately, the To.,m Council maV re - quire that a Prelimina~ PI~ df the ~ole area be sub- mitted, in ~ich case the subdi~der shall indicate on the Prel~ina~ P!~ the portion to be developed im- mediately ~d the portion to be held for future de- velopment. ~enever final approval has been obtained on ~y part of ~ app~ved Prelimina~ PI~, app~val of the remaining part of said Prelimina~ PI~ shall rem~n in effect for a period of one year and may be extende~ for ~other year by submitting the pl~ to the To~ Co. oil ~d obtaining approval from the Co.oil. Step 5. ~ To~ Co~l~pproval of, ~F~li~n~ PI~. The To~ Co~cil shall obtain reco~endations from: 1) the to~ planer and to,~ engineer ~_th respect to the plan, thJ U~i!~ty c~ies ,~ith respect +o ee?e~:ents for utilities mud ~) the health officer vdth respect to water supply ~d sewage disposal in the event that the subdi~sion is not to be served by a public water supply and a public sewage disposa] system. The To,~ Co~cil shall then renew mud approve, disaporovo~ or aDprove the plan ~th modifications. Aporoval or denial of the pl~ sh~]! be ba~ed u~on co~pl~ce o~ no~-comp!iance ~.h the To,~,'~ Comorehensive Pl. an~ '!f one hss been pre- osrsS, and Zonin~ Ordinance~ and with the st~dards conditions of approval as set forth here~n, and as Oh.07 Step 6. be modified or extended by the To,~a Council. Failure to act '~_thin 90 days shall be deemed aporov~l of the Dre!iminary plan. Action of the Town Council sh~/! be '~ritten on the face of three copies of the plan, two of which shall be re- tained in the files of the Town Clerk and one of which shall be retuPned to the subdivider. Approval of the Prelimina~z P!~ by the To.~ Co~cil constitutes author- ization for the subdivider %o proceed '~_6h the pre- paration of the final plat. If the preliminary pl~ is disappro~ the To~ Cocci! shall e~ress its reasons therefore 6o the subdi~_der on the face of the copy of the plan which is returned ~o the s~bdi~der. The Prelimina~ PI~, along ~%h the engineering dra~ngs~ may be presented ~o the To~ Council, at the s~e %~e as the Vicinity PI~ Final Plat Preparation ~d Presentation-Filin~ Fee. After the prelimina~ pl~ has been approvnd, the snbm di~der shall then prepare ~d submit one %racing~ one pe~anently reprod~lcible copy~ ~d three prints of the final p!~% of the subdi~slon 6o the To~ Council, A written application for approval of the final plat on fo~s furnished by the To,~ Clerk shall also be sub- m~tte~ ~d6h the final pla~, The pendently reproducible copy shall be filed in the office of the Town Clerk. !o~ated -~thin the To,mn, In the case of subdi'~_sions a cbeckin~ fee shall be char~od $~0.00 for eaah ~..lb ~s~o., plus oh.oS oh.09 Step 7. Steo 8. the subdi,~_sion for chedking the lot and $2,00 per lot within the subdi~dsion for each additional time the subdivision must be checked because of errors in closing. Ail measurements shall c]o~e within 0.0~ feet in 100 feet. The above fee payable to the Town of Marana shall be submitted to the Town Council~ along ,~_th the final Blat. Town Council Approval of Final Plat. The Town Council shall obtain the recommendation of the to~m pianner~ if one has been appointed, and the Town engineer, with res- pect to the final plat and shall review, anprove, disap- prove~ or approve the plat with modifications. Re- commendations from the health officer shall also be obtained whenever all or part of the subdivision will not be served by a public water end sewer system. Ap- proval of the final plat shall be based unon complimace or non-compliance with the pre!imina~z plan, and -~th all other standards md conditions which the town has adopted with respect to subdivisions. Minutes of the Town Council shall show the action taken. If aporoved, the Mayor or his authoriz=d ~ re- presentative'shall sign the plat and shall indicate ±he date of approval. The original tracin~ ~f the final ~lat then be re!hrned to the s~bdiv~de~. Assurmnce of Perform. anc~ M~ls% ~ ~ =~ mhe ~hat! then oost ~ bend er other ass~lranee '~ith the To-mn C~erk ~n an smount whizh is at ~ast e~ual to the cost of construct~n~ ali re~uire~ ;m~r~-~ents, as ~etermino~. by the T?x~ En'~±neer. Put-pose of the bond shall be to ~uaran%ee that the improvements -~.ii be installed ~d ~id for cost te the To,~m ~fth~n %we years Trom the date o~ prove!. Oh.!O Steo 9. Recording Plat. U~on a~orova! of the final ~]at by the To'~ Council, the subdivider shall submit the ~inal o!at tracing bearing all required signatures and appro~zals 6o 6he Pima Counqy Recorder. Final pla5s must be recorded not more than ninety (90) days from the date of anprova! of the final plat by the To~ Council, ~d no lot shall be sold '~thin such sub- division until the play has been so approved znd re- corded. ~[ final pla~ of ~ny subdi'~siom which ~s not recorded · ~thin ninety days from ~he date of approval by the Te~ Council shall he n~l! and void. A~prova! of ~he final pl~t by the ~ ~a~nc~! shall n~, h~ ~em p~bl~ c way~ or ~round by ~he to~. Sn'~h dedication shall occur only upon approval b'~ t~e Tovr Council and the recordin~ of the ap~r~ed plat. O[. PLANNIN% DEVELOP~NT, AND IMPRO~ZNT REQUIREMENTS 0~.0t Vic~nitw Plan ~md Prelimina~ Plan. Oq.O!.O! Vicinity Plan. The ~u~ose of the v~cinity v]an d~ ~o show how t~,7 streets and uq~!~ties ~.MZ~in ~he subd~_s~on ~!1 be coor,~inated '~th streets an'~ ut[!i~,~s :~n the surr~umdinz The ~in~,~z r]~n shall ~how a si~ie s~,etah of t~e layout of ~tr~a[~, ].ots~ mud o~her features, in ~!a~,~on to the e:~stin~ ~n5 planned streets ~thin at least one-fouth mile of the subdi,~_sion. The plan m~ be pencil sketch, or may be ~ade directly on ~m aetna! photograrh. The p!mn shall be prepared at a scale of not .smaller than one inch to ~00 feet. 05.O1.O2 ,Preliminary Plan. The preliminary plan shall be dra'~n to scale of one inch to 1OO feet~ snd shall show: (a) The proposed name of the subdivision; (b) The location of the subdi'~ision as foxing a part of larger tract or parcel ~ere the p!~ sub,tied covers only a part of the subdi~ders's tract~ ~c) The n~es ~d addresses of the subdi~_der, the engineer~ or su~zeTzor of the subdi,~sion, ~d the o~er of the l~d i~ediately adjoinin~ the l~d 6o be subdi~_ded; (d) Info~ation sufficient ~o locate accurately the property sho~ on the pl~ ~%h reference %o survey markers or mon~ents; (e) Contour map at one foot intervals, when required the To~m Council; (f) The bounda~f lines of the tract 6o be subdi~_dad; (~) The !ocation~ -~dth~ and other dimensions of all exis~n~ or p~atted streets amd other important features such as waZer courses; exceptional %ooo~raphy ~nd buildings the tract an~ ,,~th~n two hundred (2OO) feet of the tract %o be subdi~e~; f~) ~!~tin~ s~nita~/ sewers~ sto~ dralns~ wa%er supply mains, ~nd br~es ',~tbin ~he t~ac+, o~,~_tbin two hundre o .o2 05.o2.01 ~i) The !ocation~ ~_dth, smd other dimesiorr cf pr~nosed streets, alleys, e?sements.~ parks, and other open sp?~s, ~roper l~oeling o~ spaces to be dedicat=d to ~.he ~ublic fi) North Point, Sca!e~ ~d Date; (k) Engineerin~ drawings, includin~ Z]mica! cross- sectdons, plans or '~itten statements regardin~ the ~_dfh and t~e of proposed water mains, sanita~ sewer, drainaffe facili- ties, ~nd other oroposed improvements~ such as sidewalks, curbs ~nd ~utters~ parks ~d fire hydrants; (m) Copies of protective conveners or other doc,mmenLs limiting qbe rise of qbe l~d or lots ~thin the subdi~_sion. Stre~ts~ ~. Alley Widths, C~l-de-sac~ ~d Easements. SteeLs Widths. Arterial ~d collector streets shall confo~ to the -~dths as sho~ in the comprehensive pl~ adopted by the To~ Council. ~erever there is mny doubt regarding the required ~dth of ~y street or highway, the follo~n~ dimensions shall apply: (~) Minor street dedications shall have a minimmm · ~dtb of sixty (60) feet. (b) Collector street dedications shall ~e a minimum ~_dth of eiEh%y (~0) feet. (c) Arterial street dedications shall have a minim~ ~dth of one h~ndred (100) feet. (t) State and Federal highways shall have as ~equired by the appropr~ ate a~eucM. (e) Mintm,i- ~!dth cf roadw%y wherever curb ~utter~ are instal]ed (face to face o~ curb) shall be as follows: F~r collector streets - ~O fee~ cr conform ?ian~ whichever is For arterial streets - ~0 feet, or conform to arterial S~reet P!?m~ whichever is ~reaher. 0~.0~.02. Alleys. (a) Alleys may be provided in residential areas, and shall be provided in business areas, except that the Council may waive this requirements where other definite and assured provision is made service access such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed. The ~dth of alleys shall be 20 feet. l!!ey intersections and sharp chan~es in ~!ignmen% shall O%.O0.~P Cul-:!e-S~cs. C~!-de-S'~cz fJse~-end streets) shall be used only ~erc unusunl drainage or !and ommership configurations exist w~ich make other designs un~esirableo Each cul-de-sac shall b~ge a ~inimmm dedic~ied ~d~b of sixty (60) feet and must be term. inate~ by a turn-around which has ~ dedicated diameter of not less t~n~one hundred {!00) feet. Surface water must drain away from t~e turn- zround, except that where surface water canno~ be 4to!ned a!onz the street away from the turn-around, due to the ~rade, nece~s~ caleb basins ~nd dra~na~ =asements shall be orov~ded. Oq,o~.nl~ Ease'cent% '~s~e alleys are n~t ~rovide~, e~semen+~ 0~ not ~s th~n e~% (~) feet on each s~d~ of all rear lot ]~nes an~ ~]~e .~- o~.o2.o~. 0~.O2.O6. o~.o2.o?. lines ~!! be reeuired where uecessa~ far oo!es~ '~ir?, condu~ts, sto~ or ssnita~y sewers, ~as and water ~ains, and other oubl!s utilities. Easements of Treater ~_dth may be required alon~ property lines where necessa~ for surface overflow or for the ~xtension o~ main ~ewer~ ~r similar utilities. Reverse Curves. Reverse curves shall have a tangent of at least one hundred (!00) feet, unless in the ooinion of the Town Council such is not necessary. Street Intersection. Streets shall intersect each other as nearly as possi- ble at right angles. Minor streets shall approach the arterial or collector streets at an an~le of not less than eighty (80) degrees. Off-sets in street alignment between (lO) feet and one hundred twenty (120) feet shall be orohibited. Street Grades. Minimum street grade of O.5~'~l! be required, except that the Town Council shall have the power to require a steeper grade when in the opinion of the Town Engineer the best develeoment of the lend is therby secured. Street Curves. Where the street lines within a block deflect fro~ each other at ~n¥ one point more than lO deqrees, there shall be a connecting curve. The radius of the curve for the inner street line s~ll be not !ess then ~gO feet fo~ 100 ~eet for ~E~or streets. o5.o2.11. 05.02.12. Curbs. Curbs at all intersections shall be rounded with curves ha,~n¢ a minimim radius of 2~ feet, Property lines at street intersections shall be rounded -~_th a curare where necessary. Street Names. New street names shall not duplicate those already exis- lng. A street, obviously a continuation of 3another al- ready existence, shall bear the same name. Each lot shall have a designated address in conformance with the Town's address numbering system. Street Dedications. All streets shall be dedicated for public use, except in an approved large scale development where a property owners association has been extablished which will main- tain the streets in a manner comparable to streets that are maintained by the Town. The dedication of half streets in any subdivision is prohibited. Relations to Adjoining Street System. The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjo~nin~ areas (or their proper protection where adjoin- ing land is not subdivided) at the same or greater ~dth (but in no case less than the required minim~ ~f_dth) unless variations are deemed necessary by the Town Council. Where the Town Council determines that it ~s desirable to provide for street access to adjoining prooerty in order to orovide an orderlM deve!o~ment of a street system~ proposed streets shall be extended by dedication to the DY.D3 Blocks. O~.O3.O1. Lene~h The maximum length of blocks shall be eight hundred feet and the minimazm length of blocks shall be f~ur hund- red (hO0) feet. 0~.03.02. Width. The width of blocks shall be sufficient to allow two rows of lots, and shall be no more than eight hundred (800) feet nor less than four hundred [400) reef. 05.03.03. Use. Blocks intended for business and industrial use shall be designed e~pecial!T; for such purposes -~_th adequate spaca se~ asid~ 5~r off-s~re~+ parkin~ ?d deliver', £acil~tles, ~nd for loading and 'mnloading. 05~04. Lots. 05.O4.01. B_~l~in? Sites. The lot arran~ment, des~n, ~nd shade shall be such that lots ',~.]] provide a compact body of land for buildings and be properly related to topography mud conform to re- quirement= set forth herein. Lots shall not contain pe- culiarly shaped enlon~ations solely to protrude nece~a~ ~uare ~oo+,~e~ich would be uno, sable fo. nopsi purposes. O~.O4.O~. Lot Sizes. All lots sh~v~ on the einal plat must confor~ t~ the quiremen+s of +,he Zoninz Ordln~nce [for ~h= ~cne in the subdivision i~ !oca+,e~), ~r :~!~e an a~.endmeni in the o~<.oMoh. o5.oh.o6. Lots Mus~ Abut on P,Y~!ic Streets. Each lot shall a~t cn an anoroved street or ~n ~n exist- ing publicly dedicated street whi~:h is more than twentT£~ six (?6) feet '~_de~ extent when aporoved by- the Town Council as a l~r~e scale development. Corner Lots. Corner lots shall have 8imensions sufficient for the maintenance of required buildin~ set-back lines on both streets, along with sufficient area to coP!p!y '~_th ~rea recuirements of the zone in which the sub~i'~.~on i~ A__n~le o~ .Lot,~. $id'~ 7_/~.a~ ~f ?_ots sba!! be a~proximate!y ~_t right or radial to the street line, except ~ere peculiar con- ditions make it ad~.sable to have side lot lines deflict at sha~er ~gles. Parts of Lots. ~11 re~ts of lots below minim~ size, left over after subdi~dinE a larger tract, must be attached to adjacent lots, rather than be allowed to re~ain as unusable parcels. Di*~ded Lots. '~ere the l~d covered by a subdivision innlude~ two or more parce]~ in ~epRr~te o~ership and the tot arrange- ment ~ s such that a prooertv o'~ership line di~_des one or more %~ts, the ]~,~ in each lot so ~i~.ded shall be o= +~he ~i~! p!=.t~ an~ ?~ch trRns~er recorded in the Ccunt~ R~ccr~r'~ ~Ffice befo-e being certified to Town Council by the subdi¢.der, OC,Og. ~ si~n Soecific~tions. Specifications for +~'ne de~i~n of street sub-base, base hard-surfacing, curb and ~utters~ sidewa!ks~ and the treatment of drainage courses shall co~ly '~th st~dards and ~pec~icatisns adooted by the To,~ Council. 0~.06. Imprgvement Requ],?ments.--Bond. The To,~ Council shall not approve a final plat until the subdi~der pro,_des a bond or other assur~ce satisfacto~ to the Council that improvements ~1! be installed. The pu~ose of the bond or other assur~ce is to in~ure const~ction of the required improvements ~thin two (2) years ~rom date of approval of the sub- di~_sion ,~.thout cost 6o the To,~. Said req~red improvements shall include: (a) The grading, graveliny, hard-surfacing and installa- tion of culverts in compli~ce ,~th st~dards and specifications as adopted by the to~. (b) The installation of water lines, fire hydrmnts, water meters, sewer and gas lines in comp!trance ,~_th stand- ards ~d specifications as adopted by the (c) Electric and telephone lines shall be located under- ~round, except that such lines may be located above ground when the s'obdi~.der can show the To,~ Council that mnderground lines are not Feasible. (d) The installation of survey mon~ments in accordance with standards an~ specifications as ~ovted by ~,he 0~.07. Cos+.s and Char~es ~n Connection ~.~h the Dev~toomen.~ div] sions. of this Ordinance, as well as the aost of other improvements which the subdividers may install, sk~!! be shared between the subdi~_der and %he To,mn. accordin~ to the fo!to,~ng schedule: Facility a. Easements and rights-of way "on-site" and "off-site" b. Grading smd drainage of streets, "on-site" Deve!emer Share Town Share ~oo% ~ 100% for all minor and collector streets. c. Grading and drainage of streets, "off-site" d. Bridges Street Paving f. Curb and Gutter, and curb cuts. K. Sidewalk h. Street Signs Special negotiations with Town Council. 100% for all minor ~tbeets. 100% for all minor streets an for col- lector ~nd arterial streets up to ~0' of pavement width. !o~ 100% 100% of cost as per to,~m stet!Citations i, Street Lightin~ i00~ f~r easements and 100% for all grading & drainage required by Town over costs of grading & drainage o~ collector streets. Special negotiations with Town Council. All required width of paving over hO' for major streets when required by the o~ To'~m ~ay make mud instal! si~ns at co~t to the develope~ Ma~u+enanc~ after installat~onby util- -!9- ~arl_~.t/ Developer ~nE.. ~w'n Sh~re ,~a~ Mains !. Sewer Mains Ail costs un *~ and including m. Storm drains, canal &flcod channel protection 100~ u. Monuments 100% 05.08. ,En~_romental I~v~.ac~,,S~,~tement. Ail eos+~s fo:' water mains over 6" in dis_meZ~r when re- quired by the Towm. Al! costs for sewer mains over 8" in dimmeter. o% A statement shall be prepared by a qualified person and submitted to t:no ...... Town Council indicat~ny ~ dsscribing the m.~=a=~.ur~s= that will be taken with respect to each of the fo!lowin~ ser,~_ces. (1.) Control of erosion '.Mth~n the subdi~_ded area. (2,) Pro-~ision for potable water for the occupants of the subdi ~ sion. (~.] Provis~ou for the ~rorer dispose! of solid and !~q~id wastes that '~fi~].l ]ik]y ~cme ~rom the cf tlne s~:b~i~.'~i~n when i t ! s "ul!y de'rolop~. the ~a~ e ~ s..,.m n, should so indicate. O6, PLATTING REQU!REkfENTS -- FINAL P~TS I ,~na.~ p_a~ shall be Dreparad for all suod~-~_~mons. olat ~ha!l consist of a sheet of aopro~ed t~=c~n= linen oaoer mylar ha,~ng outside or trim line dimensions of twenty-four (~ll) twenty-six (?6) inches. The border line of the plat shall be ~n hea~ ~=~_~_.,~, !ea~_n~ a mar~in~ of at least one and one-half (1-I/~) inches on the left-hand side of the sheet for binding~ ~d at least one-half inch on the other three sides of the she_o. The p!~t shall be so dra-~ that the too of the sheet either faces North or West~ whichever acco~odates the dra~_n~s better. All lines) demensions, and markings shall be made on the tr~cin~ ~_inen ~_th a~oroved_. ,'~a~er ~ - proof black "Indi~ ~a,~_ng Ink"~ or equivalent. The actual map shall be made on a scale of 1" 6o 100' unless approved othe~se by the To~ Co~cil. Details ~d the world,ship on finished dra~n~s shall be neat~ c!e~ cut~ mud readable. The subdivider shall also furnish the Town Council with one permanently reproducible copy mud three (3) prints of the final plat ~*~en submitting the tracing, The final dr2-~dn~s or olats shall contain the inform..~tion: Subdi~f~sioh name an<] the ~enera! location of the sub-divi sion. north point anJ sca!~ on the drn~d ~Z and ibe date. -?]- (6.) (7. Aceurxte!y drq,~ boundaries, ~he,,~,n~ the proper bearings and dimensions cf all beundary l~nes ihs subdi'~_sion, preper!7 ~ied fo ~ub!ic survey ~on~ments. These lines should ~e siigh%!7 than street and lot lines. The names, widths, !sngth~ bearin~s~ and curve data on center lines o£ proposed public alleys or easements; also 6he boundaries, bearings~ and dimensions~ of all portions ~thin the sub- division, as intended to be dedicated to the use of the public; the lines~ dimension$~ bearings~ and n~mbers of all lots; blocks and parks reserved for any reason ,~ithin the subdivision. All lols and blocks are to be numbered consecutively under a definite system. Ail proposed streets shall be named or numbered in accordance and in conformity with the street naming and numberin~ system of 6he %o~m of Marana~ Arizona. The location of all required mom~ments. The description and locations of all monuments set -%nd established by the County or the Un, ted States Government that are adjacent or near the proposed subdivision. The standard fo~s aoproved by the To-~n, Council lelhered for the follo~rin~: Dascrip~ion of !~md to be included ~n Registered P-ofessionai Engineer ~nd/-" L~nd 07. 07. O1 07.02 07.03 (c) Owner's Dedication. (d) Notary Public's acknowledgment. (e) The Town Council's Certifi2ate of Acceptance, attested by the Town Clerk. GUARANTEE OF PERFORMANCE T~e and Amount of Guarantee. The type of guarantee shall be in the form of a per- formance bond, mortgage on unincumbered property, or other assurance equal to the cost of' the required improvements, plus 10% as determined by the Town Engineer. The subdlvid~r shall~furuish and estimate of the ¢ost of constructing the required improvements. Said estimate shall be prepared by au engineer regis- ~1 tered to practice in the State of Arizona and approved by the Town Engineer. Duration. The duration of the performance bond or other assurance shall be for two years from the date of approval of the final plat of the subdivision by the Town Council. Default. In the event that the subdivider defaults or fails or neglects to satisfactorily install the required i~prove- ments within two years from the date of spproval of the final plat by the Town Council, the Town Council may declare the bond or other assurance forfeited and the town msy install or cause the required improvements to be installed, using the proceeds of the collection of the bond or other assurance to defray the eXpense thereof. OT.Oh Final Inspection and Release. The subdivider shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten days prior to the release date of the bond or other assurance, the Town Clerk or Engineer authorized representative shall make a preliminary inspection of the improvements and shall submit a report° to the Town Council~ setting forth the conditions of such facilities. If all liens are paid, and other conditions thereof are found to be satisfactory~ the Town Council shall release the bond. If the condition of materials or workmanship shows unusual depreciation or does not comply ~ with town standards$ or if any outstanding liens are not paid, the Town Council may declare the subdivider in de- fault. 08. GENERAL REQUIREMENTS 08.01 School Sit,ss Other Public Spaces. In subdividing property, consideration shall be given to sites for schools, parks, playgro~uds, ~d other areas for publi~ use, a~- ~own on the Town's Comprehensive Plan, when completed.. Any provision for such open spaces shall be indicated on the Preliminary Plan in 6taler that it may be determined in what manner such areas will be dedicated to, or acquired by, the appropriate agency. 08.02 Construction and Mainten.~nce of Private Roads and Driveways by Town Prohibited. The Tc~.nn of Marana shall not open, grade, pave, or perfo.~m. any ma5nten~ne work on any private or undedicated street or alley, mud the town shall refrain from layin~ utility lines in any street which has not: (1) been accepted by the Town Council as a public street or alley, or (2) which has not received the aporoval of the Town Council as part of a final plat of a subdi-~sion, unless an easement is ~ranted therefor. The Town shall not accept or maintain streets or other public ways unless said streets have been constructed in accordance with standards and specifications which have been adopted by the Town Council. 08.03 Work to be Done by En$ineer of Surveyor. All engineering work or surveying of property must be done by or under direction of registered professional engineer or land surveyor registered in the State of Arizona. 09. APPEAL Where the subdivider can show that the application of these regulations will result in an unneoessary hardship, or where the subdivider alleges that there is error in any requirement made by any Town administrative officer, in the administration of these regnlations, he may appeal to the Town Council. The appeal shall be made in writing, setting forth the particulars and reasons for the appeal. The Town Council may then approve or disaprove, or may approve the subdivision with modifications where a literal enforcement of these re~u!ations would cause hardship upon the subdivider which i~ unnecesssry to carr~3 out the spirita~nd pur- ?ose of this ordinance, 10, PENALTY Any person~ f~_-n~, or corpor%tion '~o shall transfer or sell ~ny lot or ].and in a ~ubdlvision ,~%hin the corporate limits of Marana, as defined in this Ordinance, which subdivision has not been approved by the To,~n Council of the Town of Marana, State of Arizona, as provided herein and recorded in the office of the Pi.ma County Recorder, shall be guilty of a misdemeanor for each lot or parcel so transferred or sold; and the description of such lot or parcel of lsmd by .metes and bounds in the instrumant of tranfer or other document used in the process of selling or transferring, shall not exempt the transaction from such penalties, or from the remedies herein provided. The Town may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction, or may recover the said penalty by Civil Action ~n any court of co.mpetent Jurisdiction. Any person, finn, or corporation violating any of the pro- ~islo~ of this Ordinance shall be guilty of a ~isdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed three hundred dollars ($300.00), or imprisonment for not more than ninety (90) days, or by both fine and imprisonment. Each day that a violation is permitted to exist may constitute a separate offense. The imposition of any sentence or fine shall not exempt the offender from compliance with the requirements of this ordinance. ll. CONFLICT Ail ordinances, regulations, resolutions, and parts thereof which ave in conflict wlth the provisions of this ordinance, to tbs extent of such conflict, are hereby repealed. !?. VALIDITY If any section, subsection, sentence, clause or phrase of this Ovdln~nce is for any reason held to be invalid b?£ a court of co.mpetent ~orisdictlon, s~cb ho]din% shall not affect the v~lidity cf the remaining portion of this Ordinance. !3. EFFECTIVE DATE In consideration of impending development, in the opinion of the Town Council mn emergency exists. This ordinance shkl! there- fore be in full force and effect from and after its passage by the To,~n Council and publication and posting as required by law. Passed and adopted by the Town Council of the Town of Marana, State of Arizona, this August 1977. ATTEST: 29th day of APPROVED: ~ ~ Clerk APPRO/VE?~S TO FOPM: "