HomeMy WebLinkAbout2001-01
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MOHAVE COUNTY ORDINANCE NO. 2001~01
AN ORDINANCE ADOPTING SUBDIVISION AND MINOR LAND DIVISION REGULATIONS
FOR AND WITHIN THE UNINCORPORATED AREAS OF MOHA VE COUNTY AND TO BE
KNOWN AS THE MOHA VE COUNTY LAND DIVISION REGULATIONS, AND PROVIDING
FOR AMENDMENTS THERETO; AND REPEALING THE SUBDIVISION AND ROAD
MAINTENANCE REGULATIONS, ADOPTED MAY 17, 1976, VIA BOARD OF SUPERVISORS
RESOLUTION NO. 1107, AS AMENDED.
Section 1: Repeal of the Subdivision and Road Maintenance Regulations
The Subdivision and Road Maintenance Regulations, adopted May 17, 1976, via Board of Supervisors
Resolution No. 1107, as amended, is hereby repealed.
Section 2: Adoption of the Mohave County Land Division Regulations
The Mohave County Land Division Regulations, attached to this Ordinance as Attachment A, are hereby
adopted.
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Mohave County Land Division Regulations
Table of Contents
Chapter Title 'Page
Chapter 1 General Provisions......... ..... ......... ...... .... .......... .......... ........ ........... .........................1
1.1 Title.............. ........... ........ ........ ....... .............................. .................... ,.............1
1.2 Purpose of Regulations.......................................................... ....................... ..1
1.3 Authori ty ........... __............................................................................................ 2
1.4 Applicabil i ty........................ ........................................................................... 3
1.5 Conformity with the Zoning Ordinance .........................................................4
1.6 Interpretation, Conflict, Severability, Effect, and Repeal..............................4
1.7 Revocation of Plat Approval..... ...... ............................... .......... ...... ................5
1.8 Abandonment............ .............. ....... ................................................ .............. ..5
1.9 Reversion to Acreage .............. ........ ............................................... ................7
1.10 Petitions of Exception ............ ..... ................ ..... ..................... ..... .................10
1.11 Violations ....................................................................................................11
1.12 Administrative, Filing, and Processing Fees............................................... 12
Chapter 2 Definitions............................... ................... ....... .................................... ............... .13
Chapter 3 Application Procedures & Approval Process: Major Land Divisions..........,........26
3.1 General Procedures..... ....... .............. ....................... ........ .......... ....... ............. .26
3.2 Appeal..................... ................ ................ ............................ ....... .................. .26
3.3 Change in Ownership or Engineer ofRecord................................................26
3.4 General Application Procedures............... .............. ..................................... ..26
3.5 Coordination with Applications for Rezones.......,........................................27
3.6 Types of Land Divisions ................................................ .............................. .27
3.7 Pre-submittal Conference ......... ..... ................................................... .............27
3.8 Sketch Plan Application Procedures for Flexible Zoning Projects ...............28
3.9 Expiration of Sketch Plan Approval..............................................................32
3.10 Preliminary Plat Application Procedures ....................................................33
Purpose; Application Process, including submittal requirements...............33
Information to include on the Preliminary Plat...........................................36
Narrative statement information. ................................... .......... ....................38
Application dates, processing and time lines...............................................40
Revisions ................ ........ ..... ........ ..................... ..... ............ ............ ........... ...41
Phasing.......................................................... ~.............................................4 2
Actions on preliminary plats ...... ......... ................... ............... ................ ......43
Action by the Planning and Zoning Commission.......................................44
Action by the Board of Supervisors ............................................................45
3.11 Final Plat.................... ........... ..................... ............................. ......... ..... ...... .46
Purpose; Final Plat Processing ..... ........ ..... ............. ..... ..................... ...........46
S ubmi ttal requirements...... ..........................................................................4 7
F onn and plat contents ....,.. ...................... ...................... ............ ................ .50
Plat approvals and statements.......... ................ ........ ....... ....... ......................52
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Construction improvement plans.................................................................5 7
Accompanying documents ........ ................................................................. .60
Compliance..... ..... ......... ....... ....................................................................... .64
Action on Final Plats ......................................... .................. ............... ........ .64
Recordation........... ..................................................................................... .67
Corrected or amended Final Plats...... ............. .......... ................................ ...68
Pre-Regulation Subdivision Right-of-Way Plats................................ .........69
3.12 Master Concept Plan ................................................................................... 74
Purpose; Application Information and Required Elements.........................74
Summary............ ......................................................................................... 76
Processing........ ............................................................................................ 77
Support information ............................. .......... .... .... ....... ................... .... .......78
3.13 F as Trak .............. ... .............. ........................................................................ 79
Purpose.............. .......................................................................................... 79
Conditions................................................................................................... 79
Pre-application conference.......................................................................... 80
Submittal and correction process, weekly schedule....................................80
Forms and documents.................................................................................. 82
Completion of plats................... .................................................................. 82
Planning and Zoning Commission Hearing on Tentative Plat....................82
Approvals to construct. ........ ........................................................................ 82
Board of Supervisors public hearing ........................ ........ ........... ................83
3.14 Short Plat...... ........... .... ................................................................................84
Purpose; Qualifications for Urban, Suburban and Rural areas....................84
Conditions.......... ...... ................................................................................... 86
Pre-application conference................. .........................................................87
Filing and Processing Procedures........ ........................................................87
3.15 Non-Residential Subdivisions ......................................................... ............89
T enta tive Plat............................................................................................... 8 9
Development Review Committee................................................................ 90
Improvements, Recordation and Subsequent platting.................................91
Non.Residential Restrictions....................................................................... 92
Chapter 4 Assurances and Standard Forms................ .......... .............. ............ .......... ......... ....93
4.1 Completion of Improvements....................................................................... 93
4.2 Methods of Assurance ........................................................ ....... .... ...............93
4.3 Assurance Agreement.................................................................................. .94
4.4 General Requirements.. ......................................... .......................................94
4.5 Restricti ons................................................................................................... 96
4.6 Responsibility for Review...... ......................................................................96
4.7 Partial Release of Assurance ........................................................................97
4.8 Complete or Final Release of Assurances....................................................97
4.9 Defaul t ....... ......... ....... ........................................................................... ........97
4.10 Assurance Forms .......... ........... .................................................................... 98
Exhibit A, Performance Bond; Exhibit B, Trust Agreement;
Exhibit C, Letter of Credit may be found in Exhibits following Fees,
Chapter 8
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Chapter 5 Minin1um Improvements.... ....... ......................................... ......... ......................... 99
5.1 Minimum Improvement Requirements ........................................... .............99
Conditions; Development areas; Improvement plans...................................99
Minimum required improvements............. ............................ ................. ....1 00
Water supply....................... .............................................................100
Water line connection and distribution............................................1 00
Fire bydrants.......,....................,....,....................... .......... .... ......... ....101
Sewer Disposal..... ..... ........ ............................................ .................. 101
Electric service .............. ............................. .....................................102
Telephone service..................................... ,.................,....................103
Sidewalks...... ......... ..........................................................................1 03
Street lighting .................................................................................. 104
Roadway improvements .......................................................... ........1 04
Drainage '" ......... '" .... ........ ...... .......... ......... ......................................105
Grading improvements ...... ............. ........................... ...... ........ ........105
Solid \Vaste Disposal...................................................................... 1 05
Street Signs ......................... ............................................................105
5.2 Design Specifications..........................................................................,..... 1 06
Planning; Site Analysis; Preservation .......................................................1 06
Site Design. ......... ........ .......... ........................................,..................... ......107
Drainage '" ........... ..............................................,..................................... ..107
Traffic Impact Analysis........................ ..... ............................. ....... ......... ...1 08
Roadways ............ ...................,.,................................................................1 08
Cul-de-sacs ................................ ........................................ ..... ................. ..11 0
Roadway intersections............................. ....................................,............ .11 0
Alleys ... ............ ................................... ..................................................... .111
Street grades ........ .... ................................................................................ ..111
Median Barriers and Planned Breaks ........................................................111
Roadway Improvements......................... .............................................. .....112
Blocks.... ......... .......................................................................................... .112
Lots ........ ...................... ................. .............................................................. 113
Easements and utilities............................................................................ ..114
Monuments.. ......... ........... ......... .................. ............ ................................. ..115
5.3 Water Improvements .................................................................................115
Adequacy.. ......... ..................................................... ................................. ..115
Design and Capacity................. ............................................................. ....116
Inadequacy...... ................................... .................. ......................,............. .116
5.4 Utilities... ...~................... ........................................................................... .116
5.5 Exceptions for Existing Improvements.....................................................116
5.6 Coordination of Subdivision Improvements with the General Plan.........117
Chapter 6 Condominium Projects.... ......... ................................... ...................................... .118
6.1 Intent....... .................... ............. ........ ....... ................ ....................... ........... .118
6.2. Applicability of Subdivision Regulations ..............................:..................118
6.3 Permitted Land Uses .................................................................................118
6.4 Definitions ........ ..... ................ ................... ................ ............................ .... .119
6.5 Filing of Applications.................... .......... ........ .... ..................... ............... ..119
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6.6 Submittal Requirements. ...........................,................ .............................. .119
Narrative description ............ ........................................ ........................ ....120
Plat content ..... ........... .................................. ... ... ........................ ............. ..120
Information provided by the Declarants...................................................120
Plat details and reports........................................................................... ..121
6.7 Required Improvements......................................................................... ...122
6.8 Final Plats................................................................................................. .124
6.9 Conversion to Condominiums; Alterations; Subdivision of Units............ 124
Chapter 7 Minor Land Divisions .... ............................................. ............................. ..........125
Purpose..................................... ......................................................................... .125
Applicabili ty...................................................................................................... .125
Ministerial Revie\v ............................................................................................. 126
Parcel Plat Required with Rezone. ........................... ............................ ..............128
Specifications for Parcel Plat............................................................................ .12 9
Conspiracy to Subdi vide ................................................................. ................. ..13 3
Chapter 8 Fees.................................................................................................................... .134
Exhibits
A. Performance Bond
B. Irrevocable Letter of Credit
C. Trust Agreement
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This Ordinance shall be known. cited. and referred to as the Mohave County Land Division ,C:',::: f€
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Regulations for Mohave County. Arizona. ~-~J -6'
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1.2 Purpose of Regulations
A. The purpose of these provisions is to provide for the orderly development and processing
of land divisions. subdivisions and improvements of un subdivided land in Mohave
County; to ensure adequate light, air. open space, drainage. transportation, public utilities
and other needs; to assure the maintenance of health. safety, and an attractive and
efficient community; and to encourage the economical use of human and natural
resources.
B. Land divisions and subdivision of land is the first step in the process of urbanization of an
area. The arrangement of land parcels for residential, commercial. and industrial uses.
and for roads. alleys, schools. parks. and other public purposes provides the basic
framework for the uses of land.
C. These regulations are intended to be administered to:
1. Implement the Mohave County General Plan and any applicable adopted area
plan.
2. Conserve and promote the public health, safety and general welfare of the citizens
ofMohave County.
3. Plan and provide for the orderly and regulated growth and development of the
unsubdivided areas of the county in accordance with the General Plan and any
adopted area plans.
4. Establish minimum design standards for a parcel being subdivided and developed.
5. Establish and maintain adequate and accurate records of land subdivision.
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1.3 Authority
This Ordinance is enacted pursuant to the authority vested in the Mohave County Board of
Supervisors by Arizona Revised Statute ~~11-806.01, 11-806.02, and 11-809, as amended,
which provide authority for the regulation of subdivision development.
A. Jurisdiction and Amendment.
1. These subdivision regulations herein shall apply to all subdivisions of land, as
defined herein, located within the unincorporated areas of the county. No land
shall be considered subdivided within the unincorporated areas of the county until
a county-approved plat is filed with the County Recorder.
2. The Mohave County Board of Supervisors may amend, replace, or change any of
- these regulations as state law or statutes and amendments require, or amend,
replace, change, or update according to public initiative, or as may be necessary to
modernize or conform to current data and trends, or by a majority vote. All
amendments approved by the Board of Supervisors shall be by ordinance.
B. Policies and Purposes. These regulations are adopted to:
1. To provide a logical, practical, efficient process for the processing of land
divisions and subdivisions.
2. Provide for adequate light, air, and privacy; to secure safety from fire, flood, and
other danger; and to prevent overcrowding of the land and undue congestion of
the population.
3. Protect and conserve land values, structures, and improvements throughout the
county, and to minimize land use conflict.
4. Provide for adequate provision of transportation, water, sewer, electric, and
telephone service, drainage, schools, parks, playgrounds, recreational, and public
facilities.
5. Coordinate the provision of roads within subdivisions and minor land divisions
with existing and planned roads, and with other features of the General Plan, any
approved area plan, and any official county road system.
6. Limit pollution of air, land, and water; ensure adequate drainage and floodplain
protection measures; safeguard the water table; encourage the proper use and
management of natural resources and the environment; and preserve the natural
beauty of the county.
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1.4 Applicability
A. Upon the adoption of these regulations by the Board of Supervisors, every owner or
subdivider of any lot, tract or parcel of land situated within the unincorporated area of
Mohave County who seeks to subdivide land into two (2) or more parts for the purpose of
laying out or creating any subdivision, or minor land division, or any additions thereto,
shall comply with the provisions of these regulations, unless otherwise exempted
pursuant to this section.
B. The following activities do not require subdivision or minor land division approval or
review by the county. However, Mohave County is not obligated to provide public
access, nor issue a building permit to any lot, parcel or tract created outside of the
subdivision process defined by these regulations.
1. - The public acquisition ofland for streets, highways, and rights-of-way.
2. Any lot, parcel or tract of land located within the area governed by these
regulations which has been subdivided, resubdivided, or replatted and recorded
prior to the adoption of these regulations.
3. A division of property through inheritance, the probate of an estate, or by court
order.
4. Leasehold offerings of one (1) year or less, or leasing of agricultural lands, or of
apartments, offices, stores, hotels, motels, pads or similar space within an
apartment building, industrial building, rental recreational vehicle community,
rental manufactured home community, rental mobile home park or commercial
building, except that residential condominiums, as defined in A.R.S. SS 33-1201
et seq., shall be included. A.R.S. S 32-2101(54)
5. Lot line adjustments which do not require county review when such adjustment
will not alter the current zoning for the parcel, nor create a lot that is not in
compliance.
6. Thirty-six acre (36) or larger parcel divisions accomplished by record of survey.
7. Subdivision into or development of parcels, plots or fractional portions within the
boundaries of a cemetery that has been fonned and approved pursuant to Title 32,
Chapter 20 of the Arizona Revised Statutes A.R.S. S 32-2101(54).
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BK 3684 PG 835 FEE~2001011067
1.5 Conformity with the Zoning Ordinance
All plats reviewed under the provisions of these regulations shall conform to all zoning
regulation provisions for the district in which the plat is to be located. When the subdivision of
property requires rezoning action, the rezoning shall not become effective until the recordation of
the final plat of the subdivision to which the zoning corresponds. The rezoning of property for
phased subdivisions shall only become effective for each phase of the subdivision, upon the
recordation of that phase.
1.6 Interpretation, Conflict, Severability, Effect, and Repeal
A. Interpretation. In their interpretation and application, the provisions of these regulations
shall be held to be the minimum requirements for the promotion of the public health,
safety, -and welfare. -
B. Conflict With Other Laws. These regulations are not intended to interfere with, abrogate,
or annul any other ordinance, rule or regulation, statute or other provision of law except
as provided in these regulations. Where any provision of these regulations imposes
restrictions different from those imposed by any other provision of these regulations, or
other provision of law, the provision which is more restrictive or imposes higher
standards shall control.
C. Severability. These regulations and the various parts thereof are hereby declared to be
severable. Should any section, clause or provision of these regulations be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect nor impair
the validity of any other provision or remainder of these regulations, including any
chapter, section, subsection, clause, phrase or word.
D. Effect.
1. On the effective date of these regulations, subdivision plats, already in process
with the county on or before the date of adoption of these regulations, shall be
processed per the regulations in effect at the time of their submittal, except that
subdivisions which already have Preliminary Plat approval at the time of the
adoption of these regulations shall be subject to the Preliminary Plat extension of
time provisions of these regulations. Processing of those subdivisions per the old
regulations shall not exceed four (4) years past the date of the adoption of these
regulations. ..
2. All subdivision projects or phases thereof not recorded within four (4) years after
the date of adoption of these regulations shall be processed per these regulations.
E. Repeal. Upon the adoption of these regulations by the Board of Supervisors all previous
subdivision regulations as amended, prior to the date of the approval of these regulations
are hereby repealed, except for those reviews under two (2) above.
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1.7 Revocation of Plat Approval
If no lots in a subdivision for which a final plat has been approved and recorded have been sold
within twenty~four (24) months, or as extended, from the date of recordation, and if no
improvements have been made to the subdivision within twenty-four (24) months, or as
extended, from the date of final plat recordation, as required per Chapter 4 of these regulations,
and demonstrated to have been accomplished, the Board may, upon a recommendation from the
Planning Director, or on its own motiop, hold a public hearing, after due public notice, to
determine whether the approvals of such final plat and any associated preliminary plan, General
Plan or area plan amendment and rezone shall be revoked and be declared null and void. If the
Board chooses not to take action to extinguish such recorded plats, it shall enforce all provisions
of Chapter 4, by calling in the assurances posted for the subdivision, and cause the completion of
the subdivision improvements.
If any lots have been sold in said subdivision at the time of the expiration of the approval of the
assurances, the Board shall enforce Chapter 4 by seizing such assurances and completing the
improvements. Where a plat is revoked, the property within the boundary of a plat that has been
revoked shall assume the same (undivided) status as prior to the recordation of the subdivision
final plat. A subdivision may not be revoked by the Board of Supervisors if any improvements
have been completed, where completion can be demonstrated, within the plat boundary.
1.8 Abandonment
The abandonment of public roadway right-of-way, public roadway easements, public utility
easements, or portions thereof, created by recorded subdivision plats, shall require the submittal
of a Petition of Abandonment to the Board of Supervisors via the Planning and Zoning
Department. All other abandonments shall be submitted to the Public Works Department for
processing. Mohave County may not process abandonments of private roads or easements. The
processing of requests for abandonment of public roadway right-of-way, or public roadway
easements, or any other public easement shall require:
A. Submittal Requirements. The following items shall be submitted with any abandonment
request:
1. A petition (the form of which may be obtained from the Planning and Zoning
Department) signed by ten (10) or more resident taxpayers of Mohave County,
addressed to the Board of Supervisors, requesting the abandonment of a County
highway, or other public roadway, public easement, or portion thereof, as
outlined above, including a description of the beginning, end, general course and
direction, nature, and approximate condition of the roadway or easement to be
abandoned. The petition should also cite the record reference of any known
instruments which established the road or easement to be abandoned.
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2. An 8Y:z x 11 inch copy of the current Mohave County Tax Assessor's map(s), or
other map acceptable to the county, of the Township, Range, and Section, or
detailed portion of the Section(s) thereof, showing the location and the extent of
the portion of road or easement to be abandoned.
... Processing fees as detailed in Chapter 8.
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4. Notification letters. As a part of the abandonment process, the applicant is
required to provide notifiq.tion to the public and to affected individuals or entities
as follows:
a. Notification letters (the fonn may be obtained from the Planning and
Zoning Department) will be prepared by the applicant(s) and given to the
Planning and Zoning Department upon submittal of the abandonment
petition and map. Each notification letter will include a copy of the
petition, reason for the abandonment, and a map or diagram showing the
full alignment, course, and direction of the road, right-of-way, or easement
and the portion to be abandoned clearly marked. Each notification letter
shall be accompanied by a first class postage stamped envelope, and shall
be addressed to all property owners who own property along the entire
alignment of the roadway or easement to be abandoned, to any other
property owner whose pennanent legal or physical access would be
eliminated by the abandonment, and to affected utility companies, if any.
It is the responsibility of the applicant to demonstrate to the county that
the number of notification letters provided are sufficient for the intended
action.
Note: Pursuant to A.R.S. ~ 28-7215, a roadway shall not be vacated if
any land adjoining the roadway is left without an established public road
connecting the land with another established public roadway unless there
is expressly reserved in the conveying instrument the roadway rights of
ingress and egress for public or emergency vehicles, all property owners,
property owner guests and invitees, and persons lawfully conducting
business on the land.
b. Roadways or easements to be abandoned which were not established by
the recordation of a Board of Supervisors-approved subdivision final plat,
or by a County-approved Parcel Plat, or by an independent survey, such as
a meets-and-bounds description included on a deed, and approved by the
County Surveyor, shall require the applicant to provide a survey of the
portion of roadway or easement being abandoned, which shall be
performed by an Arizona Registered Land Surveyor prior to approval of
the abandonment.
5. Title to vacated roadway or portions thereof shall vest as provided in A.R.S. SS
28-7205 and 28-7206.
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B. Processing. The processing of Petitions of Abandonment shall be as follows:
1. Upon receipt by the Planning Director of a Petition of Abandonment, the Board of
Supervisors, if it chooses to consider the petition, shall schedule the request for
public hearing, and approve or deny the request, in consideration of a
recommendation from the Planning and Zoning Commission.
2. The abandonment request shall be posted and advertised in accordance with state
law.
3. The Board of Supervisors may not approve an abandonment if it finds that:
a. The abandonment of roadway rights-of-way or roadway easements will
deny the sole pennanent legal access to any property.
b. The abandonment is likely to be injurious to the public safety and welfare.
C. Action.
1. If, in the opinion of the Board, the abandonment appears reasonable and the
roadway right-of-way, roadway or other easement, or portion thereof is no longer
needed for public use, and if the request complies with the requirements of these
regulations, the Board may approve the abandonment by resolution. .
1.9 Reversion to Acreage.
The reversion to acreage of existing lots or parcels shall require the submittal of an application
for reversion to acreage to the Planning Director. The reversion to acreage of lots or parcels
typically will be encountered when an applicant wishes to subdivide or divide by minor land
division land that has previously been platted or otherwise split, and which needs to be cleared of
such boundaries to avoid superimposing the new lot or parcel lines over the existing land
division. The processing of requests for reversion to acreage shall require:
A. Submittal requirements. The following items shall be submitted with any reversion to
acreage request:
1. A written request (the fOffil of which may be obtained from the Planning and
Zoning Department) signed by all owners of property, proposed to be reverted to
acreage, including a specific identification of the lots or parcels included in the
request. If the lots or parcels were established with the recordation of a
subdivision, or another instrument of record, the lots or parcels shall be referenced
to record to that document.
2. An 8 'li x 11 inch copy of the current Mohave County Tax Assessor's map(s) of
the Township, Range, and Section, or detailed portion of the Section(s) thereof,
showing the lots or parcels to be reverted to acreage.
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FEE:::2001011067
.... Processing fees as outlined under Chapter 8.
.J.
4. Title report(s) for the property proposed to be reverted to acreage, for all lots or
parcels included in the request. When more than one individual owns the
property to be reverted, separate title reports for each piece of the property owned
by each different owner must be submitted.
5. Except for township and ,range land, or other "unsubdivided" property, only
whole subdivisions or whole phases of subdivisions can be reverted to acreage. If
a phase of a subdivision is requested for reversion, the applicant, prior to the
hearing by the Planning and Zoning Commission, must submit a written proposal
detailing the intended use and development of the property to be reverted. If such
a proposal requires rezoning of the property, the rezone application shall be
-submitted and heard prior to or concurrently with the request for the reversion. If
the applicant proposes a new subdivision of the property being requested for
reversion, the applicant shall, prior to the consideration of the reversion request by
the Planning and Zoning Commission, meet the requirements of these regulations
for the subdivision of property. Under such circumstances, the applicant's request
for a reversion to acreage of property shall not be scheduled for the consideration
of the Planning and Zoning Commission and Board of Supervisors until it can be
considered concurrently with a subdivision Preliminary Plat for that property.
6. Notification letters. As a part of the reversion to acreage process, the applicant is
required to provide notification to the public and to affected individuals or entities
as follows:
a. Notification letters (the form may be obtained from the Planning and
Zoning Department) will be prepared by the applicant(s) and given to the
Planning and Zoning Department upon submittal of the reversion to
acreage application. Each notification letter will include a copy of the
application, reason for the reversion to acreage, and a map or diagram
showing the lots or parcels to be reverted clearly marked. Each
notification letter shall be accompanied by a first-class postage stamped
envelope, and shall be addressed to all property owners who own property
within 300 feet of the lots or parcels to be reverted. If the applicant
requests the reversion to acreage of a phase of a subdivision, he shall
notifY all property owners in all other phases of the same basic tract
number. It is the responsibility of the applicant to demonstrate to the
county that the number of notification letters provided are sufficient for
the intended action.
b. Lots or parcels which were not established by the recordation of a Board
of Supervisors-approved subdivision final plat; or by a County-approved
Parcel Plat; or by an independent survey, such as a meets-and-bounds
description included on a deed approved by the County Surveyor, shall
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BK "3684 PG 840 FEE~2001011067
require of the applicant a survey of the lots or parcels being reverted, to be
performed by an Arizona Registered Land Surveyor.
B. Processing. The processing of applications for reversion to acreage shall be as follows:
1. Upon the receipt by the Planning Director of the doc.uments required for the
processing of a reversion to acreage application, the Director shall forward copies
of the submittal to the County Engineer and other agencies that may be interested
in the requested reversion.. The Planning Director shall evaluate the application,
compile the comments received from the other reviewing agencies, and schedule
the requested reversion for the consideration of the Planning and Zoning
Commission. The reversion application shall be posted and advertised in
accordance with Arizona Revised Statutes.
2. . The Planning and Zoning Commission shall consider the application for the
reversion and the recommendation of the Planning Director, and. make a
recommendation to the Board of Supervisors that the request for reversion be
approved or denied.
3. The Board shall consider the following:
a. The recommendation of the Planning and Zoning Commission.
b. The recoinmendations of the Planning Director, the County Engineer, and
the County Attorney.
c. Input from any other department, agency, individual, or entity affected by
the application.
4. The Board of Supervisors shall not approve a reversion to acreage if it finds that:
a. The reversion is likely to be injurious to the public safety, health and
welfare.
b. The reversion adversely affects existing
or proposed surrounding
development officially submitted to the county for review.
c. The reversion to acreage of a phase of a subdivision would result in a
fractionalized development which cannot reasonably stand on its own, nor
in conjunction with existing contiguous development.
C. Action.
1. If, in the opinion of the Board, the reversion to acreage of the lots or parcels
complies with the requirements of these regulations, the Board may approve the
reversion to acreage by resolution.
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/?K 3684 PG 841 FEU2001011067
2. Upon the reversion to acreage of lots or parcels, the zoning for the reverted
property shall itself automatically revert to that in effect prior to the establishment
of the lots or parcels. When the zoning would revert to an obsolete zoning
category with a default minimum lot size, the zoning of the reverted property shall
instead revert to that new zoning category most closely aligned with the previous
holding zone, except that the zoning shall also include a minimum lot size equal
to the gross acreage of the property reverted.
3. If the reversion to acreage application is denied by the Board, no further
application for reversion to acreage for any of the same lots or parcels shall be
allowed for one (1) year from the date of the Board denial, unless, per the
determination of the Planning Director, the reason for the denial of the request has
been resolved.
1.10 Petitions of Exception
Petitions of Exception from the requirements of Chapters 5 of these Subdivision Regulations
may be allowed if a developer demonstrates that property being subdivided is limited or
burdened in some significant manner that makes compliance with the requirement(s) impossible
or impractical, or if the developer demonstrates special circumstances which warrant the
exceptiones) requested. If any such exceptions from compliance are requested, the processing of
a Petition of Exception is required.
A. Submittal requirements.
1. The developer shall submit one (1) copy of a Petition of Exception (the form of
which may be obtained from the Planning and Zoning Department) with the
submittal of a subdivision preliminary plat, or final plat. The petition shall
include all requested items of exception actually contained on a preliminary plat
or final plat submitted for review. The request must cite each specific regulation
chapter being petitioned and be signed by the developer. The petition shall
include a narrative in which the developer explains the need for relief from each
of the items included in the petition, and shall justify the granting of relief from
the petitioned regulations by demonstrating the following:
a. The property to be subdivided has a special circumstance that without the
exception requested, the proposed plat could not meet the requirements of
these regulations.
b. The circumstances affecting the property are beyond the reasonable
control of the developer.
c. The request for relief is not used for the sole purpose of allowing a greater
number of residential lots or greater density than would be accommodated
by compliance with the regulations, and
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BK 3684 PG 842 FEH2001011067
d. That the requested exceptiones), if approved, will not be detrimental to the
public welfare or injurious to other adjacent property. Petition requests
which appear to be potentially damaging or injurious to the public safety
or welfare will be recommended for denial.
e. That the requested exceptiones), if approved, conforms to the adopted
Mohave County General Plan, area plans, Zoning Ordinance, and other
requirements, policies, and procedures of Mohave County, constituting an
exception only froID. the provisions of Chapter 5 of these Regulations.
2. Processing fees as per Chapter 8, shall be submitted for any Petition of Exception
processed after a Board of Supervisors approval of a subdivision preliminary plat.
No processing fees are required for Petitions of Exception submitted prior to an
approval of a subdivision preliminary plat by the Board of Supervisors.
B. Processing of Petitions of Exception.
1. Petitions of Exception received by the Planning Director with a subdivision
preliminary plat shall be scheduled for hearing before the Planning and Zoning
Commission with the consideration
of the preliminary plat. Upon a
recommendation of approval or denial of a petition by the Planning and Zoning
Commission, the petition shall be forwarded for an approval or denial by the
Board of Supervisors, either concurrently with the Preliminary Plat, or separately. '
If a Petition of. Exception is submitted to the Planning Director for processing
after a Board of Supervisor's approval for a subdivision preliminary plat, the
Director shall schedule the petition for the consideration of the Commission,
during which time the processing of any affected final plates) submitted for
review shall temporarily halt. Final plat processing may resume following the
Board consideration of the petition.
2. The Board of Supervisors, having considered the Petition of Exception and the
recorrunendations of the Planning
and Zoning Commission, and the
recommendations of other interested agencies, may approve or deny the petition.
Subdivision preliminary plats and Final Plats approved by the Board, if
incorporating approved Petitions of Exception, may be approved with any
conditions the Board deems necessary to uphold the objectives of these
regulations.
C. Restrictions. Petitions of Exception for subdivision development will only be considered
for exceptions to the design criteria of Chapter 5.
1.11 Violations
A. Any person causing a final plat to be recorded without first submitting the plat and
obtaining approval of the Board shall be guilty of a class 2 misdemeanor. A.R.S. 9 11-
806.01 (C) Sales in violation of these regulations or state statutes may be rescindable by
11
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BK 368'+ PG 8'+3 FEE~200101l06 7
the purchaser. A.R.S. ~~ 32-2183(F), 32-2185.02 and 32-2185.06. Notification of
subdivision or minor land division violations shall be submitted to the Arizona
Commissioner of Real Estate by the Planning Director. No building permits or
certificates of occupancy will be issued for lots for which required potable water, sewer
treatment, electricity and paved road improvements have not been made.
B. Anyone selling or offering for sale a lot or parcel of land by reference to a map or plat not
prepared in accordance with these regulations and with the requirements of A.R.S. ~~ 9-
474 et seq., as applicable to subdivisions located in whole or in part within three miles
from the corporate limits of a city or tovm having an ordinance establishing minimum
subdivision standards and controls, is guilty of a class 2 misdemeanor. A.R.S. S 9-
479(B)
1.12 Administrative, Filing, and Processing Fees
Fees for administrative actions, filing, and processing review for subdivision plats or minor land
divisions are detailed in Chapter 8.
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BK 3684 PG 844 FEE:::2001011067
,
Abandonment: The process of vacating the ownership of a parcel of property by the governing
body as provided by law.
Access: The place, means, or ways by which pedestrians and vehicles shall have safe, adequate,
and usable ingress/egress to a property or use. A private access is an access not in public
ownership and .created by means of a deed, dedication, or easement.
Access, road: A roadway existing or proposed, that provides a permanent or primary means of
ingress and egress from a subdivision or developed area to an established state, federal, or county
roadway.
Accretion: The process of growth or enlargement by a gradual buildup of landscape;
accumulation, or increase of land by the action of natural forces, such as a result of flooding and
silting.
Acre: A measure of land area containing exactly 43,560 square feet.
ADA: Americans with Disabilities Act; handicapped persons accessibility requirements.
AddressingIRenumberill!?: Program: The physical addressing or re-addressing (numbering)
and street naming of all parcels and access ways in the county according to an overlay grid and
numbering grouping style as determined by the County Addressing Official.
Adjacent: Properties that are near but do not share a common boundary line.
Adjoining: Different described properties that share a common boundary line.
Allev: Any roadway, at least twenty feet in width in residential areas and twenty-five feet in
width in commercial areas, for the use of pedestrians andlor of vehicles affording a secondary
. means of access to property; also: a dedicated public right-of-way primarily designed to serve as
secondary access to the side or rear of those properties whose principal access is on another
street.
Applicant: An owner or their representative per written authorization of the owner who submits
an application for a particular action that requires county approval.
Approval, Preliminary Plat: Conditioned or unconditioned approval of a development plan by
the Commission and Board of Supervisors, as evidenced in their resolutions. and constituting
authorization to proceed with final engineering plans and final plat preparation.
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Approval, Final Plat: Conditioned or unconditioned approval of a development plan by the
Board of Supervisors and approved by a signed resolution or ordinance, as evidenced by
signature of the Chairperson of the Board of Supervisors and Clerk of the Board authorizing
recordation of the plat.
Area, Open: Land area on which there is no stmcture erected; empty or vacant land.
Area Plan: A guide for the future development of a specified community or area, usually
determined by public input from the area's residents and property owners. Area plans shall
become part of the General Plan upon adoption by the county.
Arterial: Any urban or rural street, Toad, section line roadway alignment, or corridor having
considerable continuity and that has or will have a primary function of carrying large volumes of
traffic to and from significant points at moderate to high travel speeds \vith minimum
interference to through movements.
Assurance: Legally binding and enforceable instrument(s) securing development or some other
action by the person(s) tendering the instrument.
Base Flood Elevation: The water surface elevation of a flood having one percent (1 %) chance
of being equaled or exceeded in any given year.
Block: Part of a legal description encompassing a group of lots of undetermined number; or an
addressing. renumbering grid length; or that property abutting one side of a street and lying
between the two nearest intersecting streets or nearest intersecting street on subdivided land.
Board of Supervisors: Also, referenced herein as "Board", The Mohave County Board of
Supervisors.
Buildable Area: That portion of the lot remaining after deducting all required roadway
easements and setbacks from the gross area of the lot.
Buffer: A controlled area or zoning device separating two or more uses or structures, buildings,
lots, areas, for the sake of noise or sight control, or separating unlike activities, zones, and land
uses with landscaping, wal1s, and earthworks. Some buffers, such as rivers, washes, and
mountains, are natural.
Clear Title (Marketable Title): A title which is free from encumbrances, obstruction, burden
or limitations, and any reasonable doubt as to its validity; such a title as is free from reasonable
- doubt in law and in fact; not merely a title valid in fact, but one which readily can be sold or
mortgaged to a reasonably prudent purchaser or mortgagee; one that is free from material
defects, and free from litigation.
Clustered Development: Development based on flexible zoning districts in which a number of
dwelling units are placed in closer proximity than usual, or are attached, with the purpose of
retaining an open space area.
Collector (street): Low to moderate speed and volume street that provides circulation within
and between neighborhoods. Collectors usually serve short trips and are intended for collecting
trips from local streets and distributing them to the arterial network.
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Common Area: An area designated to serve two (2) or more dwelling units or separate uses
with convenient access to the area. Held in joint ownership, use and/or for maintenance by an
entity other than the county.
Common Element Improvements: Improvements, other than public improvements, such as
streets, sewer lines, water lines, drainage facilities that serve more than one lot within a
subdivision and which are not maintained by the county.
Common Wall: A shared wall between property owners.
Conditions, Covenants, and Restrictions (CC&Rs): A set of recorded and written promises
with a private right of enforcement binding property owners in a subdivision to certain
requirements, design, and construction methods, conduct and use of their properties, and the
ownership, use, upkeep, and perpetual maintenance of any commonly held parcels, facilities,
structures, easements, or activities. These are enforced only by the property owners or property
O\VIlers association ofthe development and not by the county.
. .
Condominium (Townhouse): Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common or limited ownership solely by
the owners of the separate portions. A.R.S. ~ 33-1202(10).
Contiguous: As defined according to Arizona Revised Statutes 9 32-2101(16).
Corner Lot: A lot situated at the intersection oftwo (2) or more existing or proposed streets.
County Engineer (or their designee~ who shall be a registered engineer in the State of Arizona):
A registered engineer in the State of Arizona appointed by the Board of Supervisors as County
Engineer, and who is the authority and supervisor for all issues involving engineering or
registered engineers for the county, and who handles those matters for the Board by assuming the
responsibilities of County Engineer as set forth in A.R.S. SII-561 through ~11-562.
County Road: A dedicated public right-of-way constructed to Mohave County standards
and accepted for maintenance by the Mohave County Board of Supervisors.
Court: A space, open and unobstructed to the sky, located at or above grade level on a lot and
bounded on three or more sides by walls of a building.
Cul-de-sac: A relatively short residential street terminating on one end in a radius bulb
vehicular turnaround, and having no possibility of becoming a through street or becoming an
. intersection for another street. .
Dedication: The conveyance ofland by the owner to Mohave County, for the use of the public,
and accepted by the Board of Supervisors for such use by or on behalf of the public.
Deed: A conveyance of real property; A written instrument in recordable form that has been
signed, notarized and delivered to the grantee or grantee's agent, by which one person or
entity(ies) conveys land, tenements, or hereditaments to another.
Density, residential: The number of residential dwelling units per acre of land. Densities
specified in the General Plan are expressed in dwelling units per acre.
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eK 3684 PG 847 FEH2001011067
Developer: All legal or beneficial owner or owners of a lot or any land included in a proposed
development, including a holder of an option or contract to purchase or other persons having
enforceable, proprietary interests in such land.
Development: Any activity related to changing or adding to the appearance of land, or changing
its current use, which is subject to regulation by the County through its zoning and subdivision
codes.
Double Frontage Lot: Where a proposed subdivision adjoins a collector street or arterial, a lot
that abuts both a collector (or arterial) and a parallel interior local street, usually by the front and
rear yards.
Drainage Easement: An easement granted by the o\vner to the public for the purpose of
drainage.
Drainage Report: A report describing the calculations and coefficients for drainage of water
on and off a parcel, written by an engineer registered in the State of Arizona.
Dwelling, Commercial: Motel, hotel, rooming house, boarding house, and other similar
facilities where a person or group of persons does not assume long-term residency.
Dwelling, Duplex: A building designed or used exclusively for the occupancy of two (2)
families living independently of each other and having separate kitchen and toilet facilities, but
sharing a common wall.
Dwelling, Multiple Unit: A building or buildings designed and used for occupancy by three (3)
or more families living independently of each other and having separate kitchen and toilet
facilities.
Dwelling, Single Family: A detached structure designed or used exclusively for the occupancy
of one (1) family and having a kitchen and toilet facility, and may include a manufactured home
as defined by these regulations.
Dwelling Unit: One or more rooms designed for one or more persons having separate kitchen
and toilet facilities.
Dwelling, Townhouse: One family dwelling attached in a row to at least three such units, in
which each unit has its own front and rear access to the outside. No unit is located over another
unit and each unit is separated from any other unit by one or more common, fire-resistant walls.
Easement: The right to use the property of another for some specified purpose(s).
Emergency Vehicle Access Road: An all-weather access road.
Encumbrance: Any right to, or interest in, land which may subsist in another to diminution of
its value but consistent with the passing of the fee. A claim, lien, charge, or liability attached to
and binding real property; e.g., a mortgage; judgment lien; mechanics' lien; lease; security
interest; easement or right of way; accrued and unpaid taxes.
Engineering Plans: Drawings, profiles, cross-sections, specifications, and other details of
construction of an improvement, prepared in sufficient detail by an Arizona registered engineer
in compliance with county regulations.
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F'AGE 25 OF 174
BK 3684 F'G 848 FEE~2001011067
Engineer of Record: A professional engineer registered in the State of Arizona employed by a
property owner or developer to design and/or inspect improvements to property. The engineer
who has officially stamped and signed a document with their registration stamp certifying the
document meets accepted engineering standards.
Existing Grade or Elevation: The vertical natural height of the ground surface.
Existing Use: The current use of a lot or structure.
Extension of Time: A distinct period authorized by the Board, after recommendation by the
Commission, allowing an applicant time to conform to a previous condition beyond the original
deadline for completion of the activity.
Exterior Wall: Any wall which defines the exterior boundaries of a building or stmcture.
Extra-territorial Area: Unincorporated land within three miles of any city or town. A city or
town may place requirements on subdivisions located in whole or in part within a city or town's
extraterritorial area pursuant to A.R.S. ~~ 9-474 et seq.
FasTrak: A subdivision plan submittal intended to aid a developer to process a specifically
qualified plat within a six month period, with provisions that require a prescribed submittal and
review procedure which addresses required platting requirements. An accelerated plat process
with strict guidelines for submittal and completion of a tentative and final plat within a six month
period.
Fee Simple: Absolute and legal possession and ownership of a parcel of land.
FEMA/FIRM: Federal Emergency Management Agency/Flood Insurance Rate Map.
FEMA: The Federal Emergency Management Agency.
FHBM: Flood Hazard Boundary Map
Final Plat: A map of mylar, vellum or other long-term reproducible material, describing the
subdivision development of six (6) or more lots or parcels, prepared in accordance with these
regulations and recorded in the office of the County Recorder, after approval by the Board of
Supervisors.
Finished Floor Elevation: The elevation ofthe lowest floor, including the basement.
FIRM:Flood Insurance Rate Map.
Flexible Zoning: Zoning which allows for flexible development, and usually includes
conservation of space and clustering techniques, providing for a more efficient use of land.
Flood Plain: An area of ground described by a FEMAlFIRM map as a potential flood
hazard, or the delineation of a potential flood hazard area.
Flood Plain Ordinance: Floodplain management regulations that provide standards for
flood damage prevention and reduction, prepared in accordance with the National Flood
Insurance Panel, and as adopted by the Mohave County Board of Supervisors.
Front Lot Line: The front edge of a piece of property adjacent to an access right-of-way.
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BK 3684 PG 849 F'EE:::2001lJll067
Frontage: That portion of a parcel of property which is contiguous with a dedicated public
street, highway, right-of-way, or approved access easement.
Frontage Road: A local street or road auxiliary to, and located on the side of, a major arterial or
highway, abutting property and adjacent areas, and for control of access to the arterial or
highway.
General Plan: A plan made and adopted by the Planning and Zoning Commission and adopted
by the Board of Supervisors for the general physical development of Mohave County, and
includes any unit or part of such plan separately adopted, of any amendment to such plan, or
parts thereof. The same as the County Plan.
Grant: To bestow or confer, with or without compensation, a gift or bestowal by one having
control or authority over it, as of land or money. A conveyance; transfer of title by deed or other
instrument. Transfer of property, real or personal, by deed or in writing. To give or permit as a
right or privilege.
Granting (clause): That portion of a deed or instrument of conveyance which contains the
words of transfer of a present interest.
Gross Lot Area: Total area within the boundary lines of a lot. All of the land that is contained
inside the lot boundaries including easements.
Gross Site Area: All of the land that is part of a development site, including street rights-of-
way and/or easements.
Hillside: That portion of a hill between the summit and the base.
Hydrology Report: A report prepared by a registered engineer in the State of Arizona
describing and presenting calculations concerning all aspects of sub-surface water for a parcel or
area.
Impervious Surface: Those surfaces which do not absorb water, including, but not limited to:
all buildings, parking areas, driveways and roadways, sidewalks, any areas of concrete or asphalt
coverage, and roofs.
Improvement Plans, Subdivision, On-site/Off-site: Construction drawings of infrastructure
and required improvements to a subdivision, submitted, stamped, and signed by a registered
. engineer in the State of Arizona.
Industrial Park: A planned development of land for industrial or industrial-commercial
purposes. It may include a provision for streets or other access, railroad spurs, water, and sewage
disposal facilities. It may also be a subdivision.
Infrastructure: Public and private services normally provided in a development, such as: water
and water lines, tanks, sewer lines and manholes, electric service, gas service, roads, septic
systems and wastewater treatment plants.
Ingress: Access or entry way to something.
Interior Lot: A lot having but one side abutting on a street or right-of-way.
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BK 3684 PG 850 FEE~200101l06 7
Interior Lot Line: Property lines other than those fronting on a street or roadway.
Land Surveyor: Any person licensed by the State of Arizona to engage in the determination of
legal boundaries, situs location, and geographic land determination.
Land Use: The occupation or utilization of land for any activity or purpose.
Legal Access: For the purposes of minor land divisions, a public right of vehicular ingress and
egress between the lots, parcels or fractional interest begin created. A.R.S.S 11-809(D)(l).
Legal Description: For the purposes of these regulations. a legal description is a recorded
delineation of the exactly surveyed location and boundaries of a parcel of property tied to
described monuments. It may include a tract number and/or description by metes-and-bounds, or
by township, range, section, block, and lot.
Local Roads: Primarily low-volume traffic routes, less than a road of collector classification,
whose functiori is to serve as access to residences, business, or abutting property and carrying
little or no through traffic.
Lot: Legally defined and delineated parcel of land.
Lot Coverage: The percentage of the area of a lot in relation to the area that is covered by all
structures and buildings having a roof.
Lot Depth: The horizontal length of a straight line connecting the bisecting points of the front
and rear lot lines.
Lot, Double Frontage: A lot having roadway frontage on two opposite sides.
Lot Line: A legally describable boundary line which separates one lot from another, or from a
public or private road right-of-\vay, public space, or alley.
Lot line, Front: The determined front yard line in accordance with one of the following:
1. Comer Lot: The front line of a comer lot shall be the shorter of the two lines
adjacent to the streets. Where lines are equal, the front lines shall be that line
which is obviously the front by reason of the prevailing frontage of the other lots
on the block. If such front is not evident, either may be considered the front of the
lot, but not both.
2. Interior Lot: The front lot line of an interior lot shall be the line having the same
boundaries with the street frontage boundary line.
3. Double Frontage Lot: The front lot line of a through, or double fronted lot shall
be that line which is obviously the front by reason of the prevailing frontage of
the other buildings on the block.
4. Combined Lots: Where two or more lots are used as a building site and where the
main building crosses lot lines, then the entire area shall be considered as ~:me lot,
except that the front of the parcel shall be determined to be the front of the
individual lots as originally platted or laid out.
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F'AGE 28 OF 174 fEE~21)01011067
BK 3684 PG 851 Lot Line, Rear: A lot line which is opposite to and most distant from the front
lot line. In the
case of an irregular, or triangular shaped lot, a projected lot line ten feet in length within the lot
parallel to and at a maximum distance from the front lot line.
Lot Plat: A site plan plat that defines and creates a lot within a recorded commercial-
industrial subdivision by metes and bounds and describes the proposed intent and land uses
thereon.
Lot \Vidth: The average distance between the side lot lines.
1. If the side lot lines are parallel, the shortest distance between these side lines.
2. If the side lot lines are not parallel, the width o(the lot shall be the length of a line
measured at right angles to the axis of the lot at a point which is equal to or
greater than the required front yard setback for the district in which it is located.
The axis of a lot shall be a line joining the midpoints of the front and rear lot
-lines.
Lot Split: See: Minor Land Division.
Main Building: A building, or group thereof, within which is conducted the principle use of the
lot on which the building is erected.
Major Revision: A change to a subdivision plan or site plan that alters or deviates from the
purpose, function andlor design as originally intended on the original plan or drawing, so that the
originally intended character, effect, and use of the site have been changed.
Major Subdivision: A division of property into six or more lots, parcels or fractions thereof.
Minor Subdivision: A division of property into five or fewer lots, parcels or fractions thereof.
Manufactured Home Subdivision: A manufactured home subdivision is designed and intended
for residential use on individually owned subdivision lots, where dwelling structures are
qualified manufactured homes which are recognized by the U.S. Department of Housing and
Urban Development as the equivalent of standard frame homes.
Master Concept Plan: A development concept plan, for a parcel or parcels larger than one-half
section in the aggregate, or a development that will include dwelling units for more than 3,000
people, that describes and shows all proposed land uses for the property, including infrastructure,
- commercial and residential elements, property densities, roads, parks, recreation, open spaces,
and other uses, and how the concept will fit in with the surrounding environment/community.
Minimum Lot Width: The minimum number of feet required between side lot lines.
Minor Land Division: The splitting of a parcel(s) according to A.R.S. ~ 11-809.
Minor Revision: A change to the drawing of a plat or report that does not constitute a major
revision and alter the initial design, purpose, or intent of the development or report. (See: Major
Revision.)
Manufactured Home Lot: A lot, as described in the Zoning Ordinance, either as an individual
subdivision lot, or a rental lot within a manufactured home park.
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Mylar: Used as a general reference for a durable, permanent material used for the drawing plats,
and which is easily reproducible.
Natural: The state or condition of land surface, vegetation, rocks, and other surface features
which have not been moved, added to, or changed.
Natural Grade: The elevation of the ground surface in its natural state, before any alterations.
Net (Usable) Lot Area: All of the land contained inside a lot boundary, minus dedicated
roadways, significant washes and arroyos, rivers and streams, public utility-interstate commerce
transmission lines, railroads, and other conveyances, roadway easements, and attachments that
run with the land.
Non~conforming Lot: A lot that does not conform to the current regulations and standards.
Non-Vehicular Access Easement (NV AE): An easement described along a parcel boundary
allowing no vehicle access across the boundary.
Off-Site: Any area outside of the boundary of a subdivision tract or development.
Off-Site Improvements: Those improvements necessary under the subdivision regulations or
other rules, requiring certain levels of completion, addition, or connection off-site that are related
and necessary for the completion of a subdivision project. These improvements include, among
others: streets, water and sewer lines, electric service, curb and gutters, storm drainage and other
floodplain improvements, earthworks, traffic signs and lights, access road improvements, power
poles, wastewater treatment facilities, and fire hydrants.
Off-Street Parking: Space provided for vehicular parking, not within the street right-of-way.
On-Site Disposal System: Any septic tank system or alternative disposal system installed at a
site to treat and dispose of wastewater generated at that site.
Open-Space: Any parcel or area of land or water essentially unimproved and vacant. Also, land
set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use
and enjoyment of owners and occupants of land adjoining such area.
Outdoor Li~ht Fixtures: Outdoor artificial light devices, fixtures, lamps, traffic signals, and
other kinds, permanent or portable.
. Owner (property): Any individual, firm, association, syndicate, co-partnership, corporation,
trust, or any legal entity having fee title or other beneficiary interest evidenced by a recorded
document(s) in the land to commence and maintain proceedings to control, divide, or otherwise
deal with the same, under these regulations.
Owner's Agent: Any individual, firm, association, syndicate, co-partnership, corporation, trust
or any legal entity authorized to act for the owner by way of a signed statement from the owner
authorizing the agent.
Package Treatment Plant: A modular, compartmentalized sewage treatment collection system
assembled on site.
Pad Elevations: The final grade of a site which conforms to the approved grading plan and
depicts the building site elevations.
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Parcel: A fragment, portion or plot of land.
Park: A public or private parcel of land set aside for passive or active recreation and/or
facilities.
Parking Lot: An off~street area specifically for the purpose of parking vehicles..
Parking Space: A space set aside for the parking of a vehicle.
Patio Home: Zero lot line/common wall or cluster housing development residential home style.
Pedestrian Path: Exterior passage way designed for pedestrian use.
Permanent Access: Perpetual access from a subdivision to any federal, state or county
highway. A.R.s. 932-2101(40).
P ersonlEntity: An individual, finn, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust receiver, syndicate, city, county, special district,
or any other group or combination acting as an entity.
Phase: A portion of a subdivision processed as a separate Final Plat from the rest of the
subdivision. The portion is independent of the rest of the subdivision and stands as a complete
subdivision on its own, without being dependent on later development.
Phasing Plan: A map layout and narrative describing a development progression for a proposed
subdivision in separate parts, for which each part will become an independent subdivision, or
will be combined with previous recorded phases.
Physical Access: Where each lot, parcel or fractional interest has access that is traversable
by a two-wheel drive passenger motor vehicle.
Planning Director: The Planning and Zoning Director for the Mohave County Planning and
Zoning Department, or their designee.
Preliminary Plat: A map design, including supporting data, drawn to show the development of
six (6) or more lots or parcels to create a subdivision, and as prepared in accordance with these
regulations.
. Preliminary Plat, Corrected: A preliminary plat that has progressed through the County
review process and has been returned to the applicant for corrections, and the applicant has made
the. corrections based on the County review letters and resubmitted the plat for subsequent
reVIew.
Preliminary Plat, New: A plat as originally submitted, based on the approved sketch plan or a
pre-application conference signed agreement.
Preliminary Plat, Revised: A preliminary plat that receives a new tract number and new
completion time lines.
Project Engineer: See: Engineer of Record.
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Property: A piece of real estate, including the land and/or air space, any structures thereon, all
improvements, easements, rights, and appurtenances belonging thereto.
Property Owner's Association: A legal entity or association established for the purpose of
owning and maintaining in perpetuity commonly-held private real property, or providing for the
administration and development, or maintenance in perpetuity of a legally defined subdivision
and/or commonly- held property and appurtenances, usually residential, and governed by a
board selected to represent the homeowners.
Public Area: A portion of land, building, structure, or space designated for the use by the
public.
Public Hearing: Public meeting held under the conditions of and for the purpose specified by
A.R.S. ~11-829, and these regulations.
!,ublic Improvements: . Those improvements required to be constructed for a given
development which are necessary to make the development functional for the public benefit or
use.
Public Right-of-Way Width: The distance between two boundary lines, usually parallel, which
describe a public right-of-way.
Public Utility: Privately owned or municipal facility for distribution to the public of various
services such as power, heat, light, water, sewage removal, and communication.
Recreation Facilities: Buildings, structures, or areas built or developed for the purpose of
entertaining, exercising, or observing various active or passive activities of individuals or groups,
or the participation therein.
Regulatory Flood Elevation: An elevation one (1) foot above the base flood elevation for a
watercourse, for which the base flood elevation has been determined and shall be as determined
by the criteria developed by the Director of Water Resources for all other watercourses.
Re-subdivision (re-plat): A changing of the design, name, lot lines, size of lots, or road
alignments of any recorded and/or approved subdivision in Mohave County.
Right-of-way: Any strip of land or area which is secured or reserved for public or private use,
such as a street, roadway, utilities, or drainage purposes.
. Rural Development Area: An area described by the General Plan as supporting a rural lifestyle
consisting of low population, large parcels of land of five acres or greater, low-density
neighborhoods, sparse development, ranches, farms, open spaces, and other low density uses.
Sanitary Sewer System: A raw sewage collection system, as approved by the Arizona
Department of Environmental Quality.
Scenic HighwaylRoute: A highway, road or similar route that, in addition to its transportation
function, provides opportunities for the enjoyment of natural and manmade scenic resources and
access, or direct views to areas or scenes of natural beauty or historic or cultural interest.
Setbacks: The required minimum horizontal distance between a lot line and the nearest point of
a building, structure, or use located on the lot.
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7
Short Plat: An abbreviated subdivision approval process available to small subdivision
projects that qualify, per these regulations.
Sketch Plan: A conceptual map layout and design for a proposed subdivision, sufficient to
determine feasibility, location, size, intent and other factors. The Sketch Plan may include
elements such as street layout, lot and block design, road layout and other infonnation.
Slope: Land gradient described as the vertical rise divided by the horizontal run.
Solid Waste: Any garbage, trash, rubbish, refuse, sludge from a wastewater treatment facility,
and other discarded material, including solid, liquid, semisolid, or contained gaseous material,
except for hazardous waste, which are discarded to an authorized landfill.
Special Flood Hazard Area: An area having special flood or flood-related erosion hazards, and
shown on a Flood Hazard Boundary Map or Flood Hazard Rate Map.
Specific Plan:- A plan which, in addition to these regulations, includes the location of buildings
and other improvements; the use of land, buildings, and structures and their height and bulk; the
open spaces about buildings and structures; street names and numbering systems; and measures
required to ensure the execution of the General Plan; or other matters which would accomplish
the purpose of these regulations, including procedures for the administration of such regulations.
Standard Details: Industry recognized construction drawings, adopted by Mohave County,
which are the minimum requirements to be used in the construction of subdivisions, and other
public or private projects.
Standard Specifications: Industry recognized construction methods adopted by Mohave
County which are the minimum requirements to be used in the constmction of subdivisions, and
other public or private projects.
Stub Streets: Dead end streets planned to be continued along the same road alignment at a
future date in a future development.
Subdivider: Any person who offers for sale or lease six or more lots, parcels, or fractional
interests in a subdivision or who causes land to be subdivided into a subdivision for himself or
for others, or who undertakes to develop a subdivision, but does not include a public agency or
officer authorized by law to create subdivisions.
Subdivision (Subdivided Lands): Improved or unimproved land or lands divided or proposed
. to be divided, for the purpose of sale or lease, whether immediate or future, into six or more lots,
parcels or fractional interests. Subdivision or subdivided lands include a stock cooperative and
include lands divided or proposed to be divided as part of a common promotional plan. This
paragraph shall not apply to leasehold offerings of one (1) year or less or to the division or
proposed division of land located in the State of Arizona into lots or parcels each of which is, or
will be, thirty-six (36) acres or more in area, including to the center line of dedicated roads or
easements, if any, contiguous to the lot or parcel. Further provided, that this definition shall not
be deemed to include the leasing of agricultural lands, or of apartments, offices, stores, hotels,
motels, or similar space within an apartment building, industrial building, rental recreational
vehicle community, rental manufactured home conununity, rental mobile home park, or
commercial building, except that residential condominiums, as defined in A.R.S. Title 33,
Chapter 8, shall be included in this definition, nor shall this definition include the subdivision
into or development of parcels, plots, or fractional portions within the boundaries of a cemetery
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which has been fonned and approved pursuant to A.R.S. ~~ 32-2194 et seq. Ref: A.R.S. ~ 32-
2101(54).
Suburban Development Area: An area described by the General Plan to be intended for
development of medium and lower density residential neighborhoods with many of the amenities
of urban areas. Suburban lot sizes range from one to five acres in size. Neighborhood
commercial uses will be permitted at appropriate locations where they are compatible with
adjacent uses and infrastructure.
Tentative Plat: Used for FasTrak processing (section 3.13 of these regulations), a
tentative plat is a plat that replaces or combines an ordinary standard subdivision sketch and
preliminary plat.
Title Insurance Policy: A document issued by a licensed title company in the state, describing
the conditions and legal notifications for a parcel of property, including legal geographic
description, ownership, history, easements, and other pertinent data about the parcel.
Topographical Map (Topo): A map depicting the configuration of the earth's surface, natural
features, physical changes, and is the representation of the terrestrial relief by contoured
intervals.
Tract: A piece of land divided into parcels and lots as a separate and distinct subdivision.
Tract Number: A number assigned to a subdivision plat at the Preliminary Plat stage for
identification and recording purposes.
Unbuildablc/Unusable lot: A lot that cannot support the required zoning setbacks for the zone,
and/or the building lot coverage falls below the minimum requirements because of the intended
use of the lot interfering with existing easements.
Urban Development Area: An area described by the General Plan intended to provide for more
intense residential and commercial use and development near urban areas and some outlying
communities. Urban designations may range up to 25 units per acre, and urban services and
facilities will be required for both residential and non-residential development.
Urban Overlay Zone: Those areas in Mohave County exhibiting like characteristics as those of
a municipality or expected to achieve said characteristics within a ten year projected time frame.
Usable Lot Area: The amount of a lot available for use after subtracting required setbacks,
. easements, roadways, walls, drainage ways, public easements, natural features, and terrain.
Vicinity Map: A map drawn to a scale of approximately 1 inch for each 2000 feet, showing the
proposed location of a site development, its relationship to natural and manmade features,
location of major roads and thoroughfares and other communities or developments, indicating
the township, range and section lines.
Wall: An erected barrier around property or a structure.
Zone (Zoning District): A specific use classification established by zoning which limits or
permits a particular land use or variety of uses, and some uses as approved specifically.
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BK 3684 F'G 857 FEH2001011067
"
3.1 General Procedures
Subdivision applications shall be processed according to the following: Sketch plan (for Flexible
Zoning projects only), preliminary plat, and final. The Director shall receive all applications and
review them for required elements and documents. The Board of Supervisors shall have final
consideration for all purposes of preliminary and final plats.
3.2 Appeal
If during the processing of a subdivision plat an applicant objects to the recommendations or
determinations made by the Planning Director, the applicant may appeal the decision to the
Board of Supervisors. All appeals must be submitted to the Planning Director within thirty (30)
days of the date the decision made. Upon receipt of a written statement of objection specifying
the points of concern, the matter shall be scheduled for the next available meeting of the Board
of Supervisors. The Board, in considering an appeal by an applicant, shall enforce not less than
the minimum, adopted regulations and ordinances of Mohave County, and any applicable state or
federal law.
3.3 Change in Ownership or Engineer of Record
If, during the subdivision approval process of a sketch plan for Flexible Zoning projects, pre-
application conference, preliminary plat, or final plat stage, the owner and/or engineer of record
changes, notification shall be made as soon as possible to the Planning and Zoning Department.
Proper documentation as to new ownership or engineer, shall include new addresses and
telephone numbers. Mohave County shall not be responsible for changes, incompleteness, or
notifications to previous or current owners or engineers where there are obsolete addresses and
telephone numbers for which the county has no control over.
3.4 General Application Procedures
Applications shall not be logged in and forwarded for review until all requirements of application
and plan submittal have been received and completed. If the application is deemed to be
incomplete, the documents \vill be withheld from distribution for review by the Department and
others, and the owner or owner's agent will be notified in writing of any deficiencies. If required
. documents and information have not been received within fifteen (15) working days of the
notification of deficiencies, the application will be refused and shall be returned to owner or
owner's agent.
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3.5 Coordination With Applications for Rezones
Applications for changes or amendments to the General Plan or area plans, zoning district
boundaries, and rezones, must be made concurrently with or prior to the submission of the
preliminary plat and can be reviewed simultaneously with the preliminary plat. Applications for
flexible zoning shall be submitted and reviewed simultaneously with applications for sketch
plans, in accordance with these regulations.
3.6 Types of Land Divisions
A. Subdivisions
1. Pre-Submittal Conference (Chapter 3.7)
2. Sketch Plan for Flexible Zoning projects (Chapter
3.8)
3. Preliminary Plat (Chapter 3.10)
4. Final Plat (Chapter 3.11)
5. Master Concept Plan (Chapter 3.12)
6. FasTrak (Chapter 3.13)
7. Short Plat (Chapter
3.14)
8. Non-Commercial Subdivisions (Chapter 3.15)
B. Minor Land Divisions (Chapter 7)
1. Ministerial Review
(Chapter 7.C)
2. Parcel Plat Review
(Chapter 7.D)
3.7 Pre-Submittal Conference
A. Purpose
With the exception of a sketch plan submittal for flexible zoning projects, any proposed
subdivision project or master plan concept shall require the developer to schedule a Pre-
Submittal Conference with the county before delivering any documents to the county for review.
The Pre-submittal Conference is a meeting between a developer and/or a developer's
agent/engineer, county staff and representatives from other governmental and private/public
agencies to review the developer's proposed project to ascertain whether the project is feasible,
and to determine minimum elements and requirem~nts the project will be required to have.
Those agreed upon elements and requirements will be transferred into a written agreement
between the county and the developer, signed by both parties, ensuring the developer's
subdivision and plat will conform to the agreed upon elements.
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BK 3684 PG 859 FEE:::2001011067
B. Conference Requirements
The pre-submittal conference should include the owner and/or owner's agent, the engineer of
record, Planning Director or their designee, the County Engineer or their designee, a
representative from the Environmental Health Division, and other interested agencies. The
owner and/or owner's agent and the engineer of record should be prepared to provide
information and discuss compliance with the General Plan and adopted area plans; the zoning
ordinances and requirements for submitting rezones; applicability of site plan requirements;
applicable provisions of these regulations; physical features of the proposed development; the
availability of public facilities and services; the timing and placement of public improvements;
transportation issues; assurances; environmental concerns; and subdivision design. The owner
and/or owner's agent must provide a map to the Planning and Zoning Department, showing the
subdivision design, lot layout, and circulation patterns.
A summary agreement of the pre-submittal conference. identifying all subdivision issues and all
agreed upon required elements or decisions. will be sent by the Planning and Zoning
Department. in - writing, to' the developer who shall affirm the agreement by signing it and
returning it to the county. Once the owner/developer, or their authorized agent has returned the
signed and notarized agreement to the Planning Department, the next available tract number will
be assigned and given to the owner/developer to apply to their preliminary plat and improvement
plans.
3.8 Sketch Plan Application Procedures for Flexible Zoning Projects
A. Purpose
A sketch plan is required for all flexible zoning projects. The purpose of the sketch plan
is to determine the feasibility of the proposed subdivision. how it will coordinate with
surrounding terrain and other features, including completed. approved, or proposed
adjoining developments or subdivisions; compliance with the General Plan and any
adopted area plans; the provision of pennanent legal access; the provision of internal
circulation (street layout); provision of adequate drainage; the provision and status of any
easements; the proposed improvements; availability of fire protection; availability of
existing services; the capacity of the land to support such a subdivision density; and the
ability to comply with county standards.
B. Coordination of a Flexible Zoning Application with Subdivision Approval.
In order to fully implement flexible zoning techniques, applicants shall be required to
submit applications for a subdivision sketch plan review simultaneously with applications
for rezoning. The sketch plans shall be reviewed by the Planning and Zoning
Commission and the Board of Supervisors in addition to the appropriate county
departments and other concerned agencies.
Where the zoning ordinance authorizes flexible zoning that permits the use of land and
density of structures to differ from the standard zoning designation. and the application
involves residential or non-residential subdivision of land, approval of the preliminary
plat and final plat by the Board of Supervisors shall be required. All other procedures
and approvals required by the zoning ordinance shall also be adhered to, whether or not
applicable zoning procedures require Board approval, review, or recommendation.
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BK 3684 F'G 860
C. Application Process.
1. The application for a sketch plan review shall contain, in addition to all zoning
ordinance requirements, the following required elements and documents, and be
in the following fonn:
a. Form: The sketch plan form shall be based on a topographical surveyor
some other similarly accurate base map, at a scale of not less than 200 feet
to an inch. If more than one sheet is required, all sheets shall be drawn at
the same scale with match lines designated on each sheet. Sheets shall not
exceed 42 inches on a side.
b. Documents: Unless otherwise stated, twenty (20) copies of the following
documents shall be submitted:
1) A completed application form, provided by
the Planning and
Zoning Department.
2) Map or maps, that contain the following information;
narrative
statements may be used where appropriate:
a) A vicinity map
as defined by Chapter 2.
b) A legal description
of the property including the township,
range and section
to which the plan applies.
c) A general statement
of average lot width and depth for each
block, and minimum
lot size. The proposed land use and
density for
the entire property.
d) The street layout,
recreation areas, public sites, drainage
systems, including
detention and retention areas, and other
dedicated lands.
The proposed lot lines must also be
shown.
e) Location of
existing structures, contiguous development,
and significant
natural features.
f) The names and
address of owners of all adjoining property.
g) A description
of proposed improvements including, but not
limited to,
street improvements, water service, sewage
disposal, electricity,
fire protection, solid waste disposal
and other services.
The names of those providers presently
providing these
services in the area of the subdivision.
h) A preliminary
drainage report prepared in accordance with
the Mohave County
Flood Control Drainage Manual by an
engineer licensed
to practice in Arizona, covering flood
conditions and
the effects of floods on the area being
subdivided.
This report shall include, but is not limited to:
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BK 3684 PG
861 FEE~2001011067
i) A description of how the proposed subdivision
complies
with the General Plan and any adopted area
plan, including
applicable goals and policies.
j) The proposed name of the subdivision, names,
addresses
and telephone numbers of the owner and the
project
engineer, the scale of the plan, north arrow,
date of
preparation.
k) Required review fees, as listed in Chapter
8.
D. Filing Procedure
A sketch plan, approved by the Director, for a flexible zoning project shall be submitted
and approved for a tract number prior to the submission of a preliminary plat.
1. -Within three to five working days after submittal, the sketch plan application shall
be judged for completeness with required elements by staff. Any deficiencies will
be noted and the applicant will be notified to complete the submittal.
The
application will not be processed until all required documents and materials have
been submitted. After it has been determined by the Director or their designate
that the application is complete, the Department will review the plan as it relates
to the following:
a. Mohave County General Plan and adopted area plans.
b. Suitability of the site for the proposed development.
c. The improvements, design, and dedications required by these regulations.
d. Zoning requirements.
2. A copy of the complete sketch plan plat and appropriate documents shall be
forwarded to the following agencies for evaluation and recommendation:
a. County Engineer/Public Works Department
b. County Environmental Health Division
c. School District
d. Fire District, if any
e. Arizona Department of Transportation
f. Utility Companies
g. Irrigation and drainage district, if any
h. Arizona State Land Department, Division of Natural Resources
l. In accordance with ARS ~9-474 through 9-479, if the proposed sketch
plan is within three (3) miles of the corporate limits of a city having
subdivision regulations, the Director shall submit a copy of the sketch plan
to said city for its review.
J. Other agencies as- deemed necessary by the Planning Director or as
mandated by law.
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BK 3684 f'G 862
FEE::=2001011067
3. The Planning Director shall request that all agencies to whom a request for review
has been made, submit their report to the Director within thirty (30) days after
receipt of the request.
E. Sketch Plan Approval for a Flexible Zoning Project
Within a reasonable time, typically 45 calendar days, after receipt of a completed sketch
plan submittal application, the Director shall determine whether or not the sketch plan
meets the purposes of these regulations and shall, where they deem necessary, make
specific recommendations in writing to be incorporated by the applicant on a revised
sketch plan.
Once the plan has met the intent of these regulations by the Director, the plan shall be
given the next available tract number and the owner and/or their agent may proceed with
the submission of a preliminary plat. The preliminary plat must substantially conform
with the approved sketch plan. A preliminary plat shall be considered in substantial
compliance unless any of the following are found:
1. The addition or deletion of property which alters the boundary of the subdivision
area by ten percent (10%) or more.
2. The addition or deletion of lots or parcels greater than five percent (5%) by
number.
3. Changes to the proposed zoning district that allows changes in land use or
minimum lot size.
4. The addition, deletion, or relocation of lots, parcel, blocks, or roads which cause a
change in subdivision configuration.
5. Relocation of subdivision ingress and egress access points, unless waived by the
County Engineer.
6. A reduction in the proposed right-or.way width which causes a change in
subdivision configuration, or other changes, which do not meet minimum County
road standards.
7. The addition or deletion of land uses.
8. Any proposed change to the method of sewage disposal or supply of water for the
subdivision, except changes from on-site systems to central systems that do not
involve changes in density, minimum lot size, or subdivision configuration.
9. Proposed reduction of improvements.
10. The addition or deletion of golf courses, parks, lakes, open spaces, well sites, and
other facilities.
11. The addition or deletion of large drainage ways, easements, or parcels which
causes a change in subdivision configuration.
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BK 3684 PG 863 FEE:::2001011067
If the Director determines that a preliminary plat does not conform substantially to the approved
sketch plan, the Director may require a new sketch plan or another pre-application conference
with the developer or their agent, to resolve plat problems and non-conforming differences.
3.9 Expiration of Sketch Plan Approval
The approval of a sketch plan for a flexible zoning project shall be valid for one (1) year. The
Plarming Director may grant one (1) Extension of Time for another one (1) year period. If no
further activity has occurred within one (1) year (or two (2) years after an approved extension)
after the initial date of approval of the sketch plan, the sketch plan shall expire automatically
with no further action required.
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BK 3684 PG
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Preliminary Plat
3.10 Preliminary Plat Application Procedures for Major Subdivisions
A. Purpose.
A Preliminary Plat is made for. the purpose of detailing the design of a proposed
subdivision and showing any existing conditions in and around it. The preliminary plat
shall be in sufficient detail to convey the applicant's ideas and intentions in platting the
proposed subdivision. It shall contain a written description of the existing conditions on
the tract and the necessary drawings and sketches, as required by this section, to convey
the applicant's plan of development.
1. The Preliminary Plat shall depict at least the minimum standards for design and
the requirements for construction of public improvements, as set forth by these
regulations and other county specifications, and shall conform to any design
approved in any required sketch plan phase or pre-submittal application
conference signed agreement, with only minor revisions, if any.
2. If during processing, deviations from any approved, related sketch plan or
requirements of these regulations are noted, the Planning Director shall notify the
applicant or authorized representative in writing of any appropriate action
necessary to be taken for the continued review of the plan or possible cancellation
of the process. Substantial deviation from the approved pre-application
conference agreement conditions or an approved flexible zoning project sketch
plan, or these regulations may result in termination of the review process.
Subdivision review, as for any other review, is a cooperative effort between the
applicant and the county. The county's responsibility involves providing the
applicant with concise information on what is required to provide a timely and
efficient review. The applicant's responsibility is to provide the information in
conformance with these regulations and county standards.
B. Application Process.
1. No later than one (1) year, or as extended by the Planning Director, after the date
of approval of any required sketch plan or pre-application conference agreement,
the applicant shall file the following preliminary plat requirements, along with
necessary documentation, including, but not limited to, Petitions of Exception,
and fees. An incomplete initial submittal will not be sent out for review until all
required documents have been received from the applicant. If the applicant fails
to submit a preliminary plat for review within one (1) year of any approved sketch
plan or one (1) year from the date of the signed pre~app1ication conference
agreement, or at the end of the extension approved by the Director, a new sketch
plan shall be submitted or another pre-applicatic)ll conference shall be held and
another agreement signed.
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BK 3684 f'G 865 FEE:::2001011067
2. Once all required infonnation and fees have been received, as determined by the
Planning Director, the official review date shall start. Copies of information shall
be distributed to all concerned reviewing agencies for comments and
recommended or required corrections.
3. At the end of the review period, all comments and corrections provided by the
reviewers shall be accumulated for Mohave County staff and reviewing agencies
to analyze.
4. Preliminary plat submittals shall include the following:
a. Twenty (20) blueline prints of the preliminary plat. At least one set
of
prints must bear the seal and an original signature of a land surveyor
and/or professional engineer registered in the State of Arizona.
If the
drawing(s) are available in digital format, a CD or diskette containing the
information in either AutoCAD ™ , "* .dwg", or "* .dxf' format, should be
submitted as well.
b. Twenty (20) caples of any
narrative description of proposed
improvements.
c. Twenty (20) copies of any additional information offered by the applicant,
including, but not limited to, Petitions of Exception.
d. Five (5) copies of a preliminary drainage report or statement prepared in
accordance with the Mohave County Flood Control Drainage Manual by
and containing an original or computerized seal and signature of a
professional engineer registered in the State of Arizona.
e. Five (5) copies of percolation tests reports, per ADEQ requirements, if
needed.
f. Five (5) copies of a hydrology report, if required by the AD\VR.
g. Five (5) copies of a site and area transportation impact report, according to
Chapter 5.2, F.
h. Five (5) copies of the proposed Conditions, Covenants, and Restrictions
(CC&Rs), including statements of perpetual maintenance for any drainage
ways, easements, lots, parcels, open space areas, and any other commonly
held or used elements.
1. Five (5) copies of a list of proposed street names, or the names to be
represented on the plat.
J. Five (5) copies of a statement identifying the proposed method of
assurance using a form acceptable to the county (specified in Chapter 4
and shown as exhibits in the Appendix to these regulations) to be used for
the completion of subdivision improvements, or a signed statement by the
owner that any required improvements will be completed prior to final plat
approval.
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BK 3684 PG 866
FEn2001011067
k. One (1) copy of the Preliminary Plat reduced to 81h x 11 inches. This
copy may be submitted with the final review submission for the
preliminary plan.
1. Any required rezone application.
m. A letter and application requesting any necessary change to the General
Plan and/or applicable area plan, to bring the development
into
conformity.
n. For proposed subdivisions in Urban and Suburban Development Areas, a
preliminary statement of water adequacy supplied by ADWR. (See
Chapter 5.3.)
o. Any required application for the abandonment of roadways and/or
easements, or Abandonment and Reversion to Acreage, where required as
part of the Plat process, or as proposed by the applicant.
p. A completed and approved Determination of Applicability form from the
Arizona Department of Environmental Quality, for proposed subdivisions
using individual on-site septic or alternative systems and which include 55
or more lots, or produce 20,000 gallons per day or more effluent. Include
a determination of sanitary facilities.
q. Any proposed Petition(s) of Exception.
r. Service availability letters from the appropriate fire district, water district,
sewer district, solid waste collector, land fill, electric company, gas
company (if gas service is proposed), telephone company, and any other
services proposed to the County and the Arizona Department of Real
Estate.
s. For any subdivision in which two or more units are required or proposed,
five (5) copies of a map, 24 x 36 inches, shall be included with the
preliminary plat submittal as the unit key map for the development. This
will show how all proposed property included in the development is
proposed for subdivision by units; the situation of the property relative to
township, range, and sections; and a tentative layout of all existing or
proposed highway, arterial, and collector classified roadways.
t. Required fees.
u. A phasing plan depicting how the entire preliminary plat will be phased or
divided for development, with bolded boundary lines and successive alpha
characters or numbers delineating each individual phase, and proposed
time lines for development.
5. The following agencies, as appropriate, will review any Preliminary Plat submittal
for evaluation and recommendation:
a. The Planning and Zoning Department.
b. The Public Works Department/County Engineer.
c. The Environmental Health Division.
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BK 3684 F'G
867 FEn2001011067
d. The County Attorney's Office.
e. The appropriate electric, water, sewer, and gas utility companies.
f. The fire district which the development is in, or the State Fire Marshal, if
not within a fire district.
g. Appropriate federal and/or state agencies.
h. School districts, as necessary.
1. Irrigation district, as necessary.
J. County Sheriffs Office, as necessary.
k. Any incorporated city within 3 miles of the development.
1. Other agencies as necessary.
Note: It is the responsibility of the applicant to contact the Army Corps
of
Engineers and other state and federal permitting
agencies for
requirements, submittals, reviews, and responses.
C. Preliminary plat.
The preliminary plat shall contain the following information. The information will be
shown graphically or provided by notes on the plat. The plat may comprise several
sheets showing various elements of required data.
1. Plat data shall be clearly and legibly drawn to a standard engineering scale not
smaller than one (1) inch equals two-hundred (200) feet
2. Each plat sheet shall measure at least 24 by 36 inches, but no larger than 36
inches by 36 inches.
3. A vicinity map as defined by these regulations.
4. The preliminary plat shall contain the following information:
a. Each sheet shall have a title block with the title 'Preliminary Plat', the
name of the development, and the tract number.
Include a legal
description of the site, which includes township, range, and section, and
portion thereof. The name, address, and telephone
number of the
applicant/owner; the name, address, and telephone of the engineer!
surveyor for the plat, their seals and registration numbers; a block for page
and revision numbers; north arrow and scale; and match lines.
b. Engineer's notes; a legend showing the all symbols and abbreviations used
on the plat; narrative statements; datum and source; and a general
information listing.
c. Adjoining property owner's names, Assessor's Parcel Numbers, and the
current zoning designation.
d. A topographical representation, using 2-foot contour intervals for slopes of
5%or less, and 5-foot contour intervals for slopes over 5%, to show all
areas subject to flooding or overland flow.
Include the width and
locations of all water courses flowing continuously, intermittently, or
sporadically; include drainage arrows indicating general water flow within
all watercourses and streets. Include source
datum based on D.S.C. &
0.8., N.G.S., or other qualified source.
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e. Show existing conditions on the plat:
1) Show or describe benchmark locations with reference datum. All
monuments found or set will be described.
2) Show plat boundary line bearings in degrees, minutes, and
seconds, with basis for bearings noted or shown.
3) Show existing easements with recordation information. Easements
proposed for abandonment should be indicated. Indicate locations
and widths of all alleys.
4) Show any existing rights~of-way, parcels, and/or other dedications,
and reference them to documents of record.
5) Conditions on adjacent land that significantly affects the design of
the subdivision, such as other subdivisions, drainage channels and
terrain.
6) Reference and provide a copy of any covenants, conditions,
restrictions, and addenda on the subdivision property.
f. Show proposed information on the plat:
1) Under general notes, identify the following:
a) Service providers for water, sewer or septic, system or
other, electric, gas (if any), telephone, and solid waste
disposal.
b) The fire district designation, if any.
c) The floodplain designation.
d) Total acreage ofthe site.
e) Total number of lots and parcels for the subdivision, and
for each proposed phase.
f) A verage lot size, minimum lot size, densities proposed for
each different use.
g) The proposed land uses for the development for each
different zoning designation.
h) The provision for solid waste removal and location of
community containment or collection areas, and distance to
the nearest landfill.
2) Depict all proposed lot lines with dimensions.
3) Number all lots and blocks by consecutive numbers within the
subdivision boundary.
4) Label all common areas and specified parcels individually, with a
separate letter designation. Show the acreage and proposed uses
for all designated parcels and their dimensions.
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5) Provide phase line designations on the plat, if the project is to be
phased. Each phase must comply with regulations as a separate,
distinct, stand-alone subdivision.
6) Proposed streets and roads, including horizontal center line
dimensions; intersections; proposed street names; right-of-way
widths and drainage easements. Proposed utility easements, while
not required to be depicted at the Preliminary Plat stage of review,
are encouraged to be shown on the Preliminary Plat.
7) Indicate if proposed streets are designed for on-street parking for
commercial subdivisions to accommodate visitor parking, or if
parking is provided in common parking areas.
8) Show all proposed locations of other easements with dimensions,
labeled as to their purpose and whether they will be public or
private.
9) Include a typical building setback diagram.
10) Show the entire subdivision and the proposed division of the tract
into phases, if applicable, and the sequence of phase development.
Include the overall acreage and acreage allotted to each different
phase.
11) Show boundaries of special flood hazard areas as designated by the
FEMA FIRM maps.
g. Provide a narrative statement describing all on- and off-site improvements
to be constructed:
1) A statement on the use of the property being subdivided, densities
proposed and the compatibility of the subdivision with the existing
surrounding developments. This statement shall address the
impact on neighborhood composition, traffic, roads, schools,
infrastructure, and drainage. The statement shall serve also as a
summary description of the proposal, including reference to the
total number of acres, lots, different types of parcels, blocks,
common areas, and a description of mixed uses in the proposed
subdivision.
2) Provide a description of each on- and off-site utility or other
service proposed for the subdivision. Identify the providers for
each utility or service and indicate the distance to each existing
usable service line from the closest point of the proposed
subdivision, and the direction thereto.
3) Provide a description of all roads, drainage channels, and other
devices, curbs and gutter locations, street light placement, types of
view obscuring barriers and fences, street signage and markings,
gateways, fountains, landscaping, community mailboxes, public or
semi-public buildings, and all other on- and off site improvements
and/or facilities proposed for the subdivision.
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4) The narrative shall include a discussion relating the suitability of
the site for the development proposed, according to the preliminary
plat check list. Include proposed densities, availability, location
and type of water and water source, method of sewage disposal,
solid waste disposal, and improvements to the site, physical
limitations of the property, if any, slope and terrain, floodplain
determination and obligation, permanent legal access and expected
traffic generation.
5) The narrative shall include a statement as to the method and timing
of the commencement and the completion of all improvements.
The narrative shall state whether the developer proposes to
complete improvements prior to final plat recordation, or whether
an assurance will be posted for the completion of improvements, or
a combination thereof. If an assurance is proposed, the type of
assurance shall be stated.
6) The owner or authorized agent of record with notarized power of
attorney of the property being subdivided shall sign the narrative
verifying the statements therein, according to the following
statement:
I (we) or (authorized
agent for)
, owner(s) of the
above-described property, hereby
certify that the narrative
statements are a true disclosure of ,the intent to develop the
property and verify a commitment for the completion of all
proposed improvements in accordance with the requirements of the
Mohave County Subdivision Regulations.
Signature:
Date:
Printed Name
Certification and Notarization of Signature by Notary Public
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D. Application Dates, Processing, and Time lines.
1. The Planning Director shall, within ten (10) working days of the receipt of a
preliminary plat submittal, detemline whether the submittal is complete. The
Director shall mail a notification to the applicant, with an itemized list of any
remaining items necessary to be submitted to complete the application. The
Planning and Zoning Department shall not be responsible for replying to the
applicant within ten (10) working days, but only that the determination of
completeness of the application will be made within ten (10) working days.
Notification of any deficiencies will be mailed to the applicant within a
reasonable time, but no later than three weeks after receipt of the application. The
official date of application for preliminary plat review will be the date that the
complete submittal has been received, as determined by the Director. Required
documents received later than 3:00 p.m. on any work day shall be considered as
turned in for the next business day for submittal purposes. The owner or their
agent may schedule an appointment with Department staff to present a
"Subdivision application, whereby staff will determine completeness of their
application and documentation as known at that time. Any apparent deficiency
will be pointed out to owner or owner's agent immediately at the scheduled
appointment, or later upon discovery. Except for the need for necessary
documents, the later discovery of a missing element will not impede the continued
processing of the plat.
2. The county shall distribute the Preliminary Plat submittal for review to county
departments and other agencies. The county shall have forty-five (45) calendar
days from the official application date to determine whether the documents
address and meet subdivision requirements. The applicant shall resubmit a
corrected preliminary plat and any required supporting documentation addressing
all reviewer comments and corrections according to 3.10.D.4. Outside agencies
will be allowed fifteen (15) working days to respond and return comments and
corrections on the plat to the Planning Department. All comments and requested
corrections will be forwarded to the applicant (engineer or agent). The applicant
is responsible for compliance with all outside agency comments and
requirements, whether the comments and requirements are received by the county
within fifteen (15) working days and are forwarded to the applicant or not. The
applicant is responsible for direct contact with each appropriate agency to address
compliance with their particular requirements.
3. A preliminary plat that has been reviewed by the reviewing agencies shall be
scheduled for consideration by the Planning and Zoning Commission if:
a. The review of the preliminary plat has been completed by all reviewing
agencies, and
b. The reviewing agencies have determined that the preliminary plat is in
compliance with these regulations and all other applicable requirements,
and
c. Written recommendations of approval are received by the Planning
Director from all reviewing agencies not less than thirty (30) working days
prior to the Commission meeting for which the preliminary plat is
scheduled to be considered.
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4. All preliminary plat re-submittals must be received within one (1) year of the date
of the previous Planning Department review letter. Plat submittals made
thereafter shall be considered as a new first submittal.
E. Preliminary Plat Revisions:
1. The Planning Director shall have the discretion to determine whether a revision to
an approved preliminary plat constitutes a major or minor revision, as per this
section.
2. A major revision is a change to a subdivision plan that alters or deviates from the
purpose, function and/or design as originally presented at the sketch plan stage
(for flexible zoning projects) or from the pre-application conference agreement, or
on the originally submitted plan or drawing, so that the original character, effect
and/or use of the site have been changed.
3. - Minor revisions are any changes that are not considered major. Any revision
criteria that does not appear on the major revision list shall be assumed to be a
minor revision, but as determined by the Planning Director. Minor revisions will
not likely disrupt the current preliminary plat submittal time line, but such a
determination shall be at the discretion of the Director.
4. Anyone of the following changes to a preliminary plat, after its approval by the
Planning and Zoning Commission, shall be considered a major revision, The
change(s) shall require the plat to be returned to the sketch plan stage (for a
flexible zoning project), a new pre-application conference and new agreement, or
a new preliminary plat submittal, if the sketch or conference stage is not required,
at the discretion of the Director, and shall require new fees, involve a new tract
number, and a new four (4) year period of approval:
a. The preliminary plan has received a substantial redesign that is different
from the previous preliminary plan, instead of correcting deficiencies from
the previous review.
b. The revised preliminary plan does not substantially conform to the sketch
plan or pre-application agreement, or it does not substantially conform
to
the design approved by the Commission,
c. Addition or subtraction of a block of lots, or parcel(s) that influence
the
design and effects on the plan, where the remaining elements must be
redesigned to accommodate a change in density of ten percent (10%) or
more.
d. An increase or decrease in size:
1) Of the plan boundary affecting total acreage
of the site by ten
percent (10%) or more;
2) Often percent (10%) or more in residential
lot density;
3) Of the total number of Jots on the plan by
ten percent (~O%) or
more;
e. Changing a land use on the plan in such a manner that the change creates
design conflicts between residential and commercial uses.
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f. The addition or subtraction of a through collector street, or greater
classification, inside the plan boundary.
g. Noncompliance with required road specifications.
h. Addition or subtraction of a golf course, lakes, rivers, or parks, to the
plat.
1. Any denial of a preliminary plat by the Board of Supervisors.
J. Any plan which is denied by the Arizona Department of Environmental
Quality, Arizona Department of Water Resources, U.S. Army Corps of
Engineers, or other permitting agency.
k. Any deliberately false or misleading representation on the plan or
documents supporting the plan; falsification of records, legal desc.ription,
or any proven fraudulent action affecting the plat; or legal/court
determination requiring change as a result of false representation.
1. Any act of God that significantly changes the terrain or slope, of the plan
by adding or removing ten percent (10%) or more acreage from the
original amount for parcels less than ten (10) acres, and five (5%) or more,
for larger parcels.
m. Any easement and/or right-of-way addition that alters the size of the plan
by ten percent (10%) or more from the original plan, except for those
changes requested by the county.
n. The addition or subtraction of any common area open space or
recreational areas that causes a design change to streets and the addition
or
subtraction of over ten percent (10%) of total lots.
o. A drop in usable land area of ten percent (10%) after it is determined that
usable land has been decreased due to drainage problems, washes or
arroyos, terrain, roadways, easements, etc.
F. Phasing.
1. Proposed phasing of a subdivision is to be depicted on the preliminary plat. Each
subdivision phase must be able to function independently when constructed
according to the Subdivision Regulations from any other subdivision phase. Each
subsequent phase shall be a logical extension of a previous phase or phases.
2. No more than eight (8) phases will be approved for each assigned tract number.
In developments for which more than eight (8) phases are proposed by the
developer, one unit (tract) must be processed for each set of eight (8) phases. For
any subdivision in which two or more units are required or proposed, five (5)
copies of a map, 24 x 36 inches, shall be included with the preliminary plat
submittal as the unit key map for the development. It will demonstrate all
proposed property included in the development, as proposed for subdivision by
units; the situation of the property relative to township, range, and sections; and a
tentative layout of all existing or proposed highway-, arterial-, and collector-
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BK 3684 PG 874 FEH200 1 0 11 06 7
classified roadways. There is no limit to the number of units a developer may
propose within a development.
3. Phases that require public improvements shall be designed and constructed with
complete, independent infrastructure or adjoin a previously completed phase or
phases.
G. Action on Preliminary Plats.
1. All preliminary plats considered to be complete by staff and other relevant
reviewers, shall be submitted to the Planning and Zoning Commission for its
consideration and recommendation to the Board of Supervisors.
2. If a plat is disapproved by the Board of Supervisors, any resubmission of the same
plat, or a portion thereof, shall be treated as a new submittal and shall be charged
new fees.
3. Preliminary plats approved by the Board of Supervisors shall be approved for a
four (4) year period, starting from the date of Board approval of the original
preliminary plat, and may be extended for two (2) year periods by the Director up
to five (5) times for a possible total of fourteen (14) years.
4. Within the initial period of approval, or as extended pursuant to these regulations,
the developer shall submit, process and record the final plat, and/or all proposed
phases.
5. Prior to the initial preliminary plat approval expiration, if the entire subdivision
has not been recorded, the developer shall request in writing to the Director an
extension of time of the conditional Preliminary Plat approval. The request shall
detail plat progress, recording, and construction within the subdivision or phases,
as well as an explanation of circumstances which have delayed project completion
justifying an extension of time. The request shall demonstrate active resolution of
pending issues which have hindered subdivision processing progress.
6. The extension request shall be evaluated according to number 5 above, and the
developer shall be notified in writing of approval or denial by the Director.
Approval shall include a new expiration date, and denial shall state the reasons
therefore. Extensions of time shall be in two (2) year increments from the date of
Board approval of the Preliminary Plat.
7. If an extension request is denied the issue shall automatically be appealed to the
Board. The Board may approve or deny the extension. If the Board approves the
extension it shall be for two (2) years. If the extension is denied, the developer
may submit a new Preliminary Plat for the proposed subdivision.
8. No Preliminary Plat shall receive more than five (5) extensions (a total of 10
years), except for plats which have recorded more than two-thirds (2/3) of all
phases. Those plats may request unlimited Preliminary Plat extensions.
9. It shall be the responsibility of developers to track their projects, processing
timelines, and effective expiration dates. The county has no obligation to remind
a developer of regulatory timelines and deadlines for their projects. Requests for
extensions of time shall be submitted to staff before the approved extension
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expiration date. If a request for an extension of time is not received by the
previous expiration date, project processing shall cease without further notice and
all documents will be returned to the developer or their engineer. If
after the
expiration date, the developer wishes to continue the project, they may submit a
new Preliminary Plat (or sketch plan where required) for review, which will
require all necessary documents and new fees.
10. The subdivision plat shall, if extended, be subject to any new regulations, or
changes to regulations, including but not limited to, new fees and processing
requirements.
H. Action by the Planning and Zoning Commission.
The Commission shall consider the following criteria in making a recommendation on a
preliminary plat:
- -
1. Any report prepared by the Planning and Zoning Department, including replies
and comments from all county departments and other agencies.
2. The subdivision shall substantially conform with any approved sketch or concept
plat received and reviewed by the county and other agencies.
3. The subdivision conforms to these regulations; the applicable provisions of the
zoning ordinance; and other land use regulations.
4. The subdivision represents an overall development pattern that is consistent with
the goals and policies of the General Plan, any related area plan, any official maps
or capital improvements program, and any other applicable planning documents
adopted by the county.
5. The subdivision contains a land subdivision layout that is consistent with good.
land planning and site engineering design principles.
6. The subdivision is served, or will be served at the time of development, with all
necessary public utilities, where required, including, but not limited to: water, an
approved sewage disposal unit, gas, electric and telephone services.
7. The subdivision is served, or will be served, with all necessary public facilities, as
required, at appropriate levels of service standards as may be established in the
General Plan, any related area plan, these regulations, and other applicable
documents. Such facilities may include, but are not limited to: Streets, fire
protection, police protection, - emergency medical services,
schools, parks,
recreation, open spaces, and libraries.
8. The subdivision will satisfy all applicable storm drainage and floodplain
regulations, ordinances and laws.
9. Each lot shall have adequate permanent access as defined by A.R.S.~32-2101(40).
10. The plat will be designed and developed in a manner that is sensitive to
environmental features and/or characteristics of the tract or parcel including, but
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e.K 3684 PG 876
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not limited to: topography, slope, soils, geology, hydrology, floodplain, wetlands,
vegetation, and trees.
11. The subdivision complies with the General Plan and Arizona Revised Statutes S
11-806 et.seq., and will not contribute to sprawl and leapfrog development
patterns. The subdivision will not cause inefficient extensions and expansions of
public facilities, utilities, and services; or those extensions and expansions, and
facilities, utilities, and services shall be provided by the subdivider.
12. The applicant agrees to dedicate land and rights-of-way, and to grant easements,
as may be determined by and without costs to the County, to implement the
purposes of these regulations and the standards and requirements incorporated
herein.
13. Review and Recommendations.
-a. The Commission shall hear and consider all evidence relating to the
preliminary plat, and make recommendations to the Board of Supervisors.
b. Upon the Commission's recommendation, the plat shall be forwarded to
the Board of Supervisors for consideration.
c. A preliminary plat may be continued or withdrawn from consideration
upon the written and signed notification by the subdivider to the Planning
Director.
I. Action by the Board of Supervisors.
Upon recommendation by the Planning and Zoning Commission, the Board of Supervisors shall
review the application and the recommendation of the Commission and either approve,
conditionally approve, or disapprove the preliminary plat. The Board shall base its review and
decision on the recommendation of the Commission and relevant information from the Planning
and Zoning Department, the County Engineer, the Health Department, the County Attorney, the
applicant, and other agencies, and such other factors as it deems relevant and applicable.
1. If the preliminary plat is approved with conditions, the applicant shall meet or
arrange to comply with any and all conditions and correct all deficiencies before
submitting a final plat.
2. If the preliminary plat is disapproved, the Clerk of the Board shall, within ten (10)
days of the Board action, state the reasons for disapproval in the minutes of the
Board meeting and notify the applicant, in writing, of the action and the reasons
therefore. The Clerk shall copy all such notifications to the Pla1U1ing and Zoning
Department.
3. If a plat is disapproved by the Board of Supervisors, any resubmission of the same
plat, or any portion thereof, shall be treated as if it were a new submittal and shall
incur new fees.
4. The decision of the Board of Supervisors may be appealed, directly to the
Superior Court or as otherwise provided by State law, or as described by these
regulations.
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Final Plat
3.11 Final Plat
A. Purpose.
The final plat serves as the legal document that, upon recordation, establishes the official
survey and platting of a subdivision. The final plat shall include all detail necessary to
accurately and completely establish the lots, parcels, rights-of-way, easements, common
areas, street names and numbering, dimensions, bearings, and monumentation of all
elements included in the subdivision design, and shall also effect the dedication of any
public roadways or parcels, any private roadways or parcels, and the granting of any
easements.
B. Final Plat Processing.
1. The initial submittal of a final plat of a subdivision, or final plats for phases
thereof, must be submitted for processing within one (1) year following the
approval of a preliminary plat by the Board of Supervisors, or within one (1) year
of any extended approval of the preliminary plat.
2. Final Plats shall be prepared by or under the direction and supervision of a
qualified surveyor and an engineer, both registered in the State of Arizona, and
shall be issued under their seals and signatures.
3. The layout and design of the subdivision final plat shall not vary from the
approved preliminary plat, except for allowable minor platting adjustments.
These may include the correction of dimensions, bearings, and other technical
information; the addition to or the deletion from the plat of minor easements; or
other similar minor adjustments, which in the determination of the Planning
Director do not adversely impact or materially affect the subdivision design.
4. For each proposed phase in an approved tract, a separate final plat must be
submitted for review and processing.
5. Final plats shall be submitted in progressive order, for each proposed phase in the
subdivision, using an alphabetical suffix starting with the letter "A," and with
each final plat using the basic, assigned tract number. Subphasing of
subdivisions, e.g., "Tract 1234-AI," is prohibited by these regulations.
6. The final plat shall be prepared in accordance with these regulations and any other
applicable regulation, ordinance, state, or federal law.
7. The applicant shall submit the fmal plat to the Planning Director, along with all
necessary supporting documentation and review fees. Processing of the final plat
will not begin until the Planning Director has received all required plats,
documents, and fees, as outlined under Chapter 3.11.C. That date shall
be
considered the official start date of the review of the final plat.
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8. Incomplete submittals will not be distributed for review. If the Planning Director
determines that a submittal is incomplete, the Director shall return the submittal to
the applicant, including, as a courtesy to the applicant, an itemization of any
remaining documents necessary to complete the submittal.
9. The county shall have forty-five (45) calendar days to review the final plat and
distribute final plat submittals for review to other departments and agencies. All
non-county agencies reviewing final plats will have a minimum of fifteen (15)
working days to return review comments to the county. The county will forward
all comments received to the developer or their engineer. The developer is
responsible for compliance with any requirement of an outside agency, whether
that agency has commented within the time period or not.
10. At the end of the review period, all comments forwarded to the Planning Director
by all requisite agencies shall be compiled and mailed to the applicant.
The
Director shall, in this review letter, notify the applicant of any changes, additions,
deletions, or other corrections necessary. The applicant shall submit a corrected
Final Plat and any required supporting documentation to address the comments
and issues of the review.
C. Final Plat submittal requirements.
1. Complete final plat applications shall include all of the following documents, all
of which must be received with the first submittal of the final plat, or which shall
be submitted when otherwise indicated:
a. Ten (10) sets of blueline prints of the final plat (one final plat per phase),
sealed and signed by a qualified surveyor and engineer, registered in the
State of Arizona. All blueprint plans submitted must be folded by the
applicant to a size of 9 x 12 inches or less. If the drawing(s) are available
in digital format, a CD or diskette containing the information in either
AutoCAD ™ , "* .dwg", or "* .dxf' format, should be submitted as well.
b. Five (5) copies and one (1) original of the Commitment for an Owner's
Title Insurance Policy.
c. Five (5) copies of a completed Mohave County pre-approved assurance
document, or alternate form of assurance proposed by the applicant for
subdivision improvements, in compliance with Chapter 4 of these
regulations.
d. Five (5) copies of the original, signed CC&Rs, or other proposed
restrictions, if any. (Unsigned copies are acceptable with the first submittal
of a final plat).
e. Five (5) copies of the detailed construction improvement plans, prepared,
signed, and sealed by an engineer registered in the State of Arizona, for
all
on-site and off-site improvements required of the project, and of any
additionally proposed by the applicant in the draft report to the Arizona
Department of Real Estate. All blueprint plans submitted must be folded
by the applicant to a size of9 x 12 inches or less. If the plans are available
in digital format, ~ size drawings may be submitted with the condition
that the text in the drawings is clearly legible.
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f. Five (5) copies of a detailed final drainage report, prepared, sealed, and
signed by an engineer registered in the State of Arizona, in accordance
with the requirements and adopted standards of the Mohave County Flood
Control Drainage Manual.
g. Five (5) copies of the project engineer's current cost estimate, prepared,
signed, and sealed by an engineer registered in the State of Arizona, for all
subdivision improvements, including all utility or other service lines and
any other improvements not contracted for with a utility or other provider,
as outlined under Chapter 3.1l.F.5.
h. Five (5) copies of an executed, prepaid, signed contract(s) with a utility or
service providers (for anyon-site or off-site utility, service, or other
improvement not itemized and included in the engineer's cost estimate) at
the time of submittal.
1. Five (5) copies of the applicant's draft report to the Arizona Department of
Real Estate, as outlined under Chapter 3.11.F.6.
J. Five (5) copies of a current Arizona Department of Envirorunental Quality
"Approval of Subdivision Sanitary Facilities."
k. Five (5) copies of a current Arizona Department of Envirorunental Quality
"Approval to Construct" water and/or sewer improvements.
l. Five (5) copies. of the Arizona Department of Environmental Quality
"Approval(s) of Construction" of all required and proposed subdivision
sanitary facilities prior to scheduling as-built plans (record drawings) and
prior to scheduling final plats for recordation, except that this document
may be submitted after final plat recordation for subdivisions in which an
acceptable assurance has been submitted to cover the sanitary facility
improvements.
m. Five (5) copies of the Mohave County Environmental Health Division
approval of sanitary facilities, including form 113, and a departmental
letter of approval; a copy of the National Pollution Discharge Elimination
System permit and a copy of an Aquifer Protection Permit, where
required.
n. Five (5) copies of lot area sheets for the subdivision, as outlined under
Chapter 3.11.F.8.
o. Five (5) copies of any 404/401 pennits required by the Army Corps of
Engineers (Nationwide or individual permit acknowledgment from the
Corps).
p. Five (5) copie~ of any required separate instruments of dedication or
granting.
q. Five (5) copies of any statements of consent and approval from all other
requisite reviewing agencies or serving utilities, or statement of no
objection.
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r. Five (5) copies of the Articles of Incorporation (approved and stamped by
the Arizona Corporation Commission) for any owners association
established necessary, to the maintenance of common elements or private
roadways of the subdivision.
s. Five (5) copies ofthe bylaws of any owners association established.
t. Five (5) copies and one (1) original each of the signed and notarized
letters showing authorization from the owner(s) of the property for agents
to act on their behalf or to sign the final plat on their behalf, as outlined
under Chapter 3.ll.F.l8.
u. One (1) set of the original mylars or other final plat tracings, as outlined
under Chapter 3.11.F.12. The original mylar(s) or other original tracings
shall be submitted upon the request of the Planning Director, following
approval of the final plat by the Board of Supervisors.
v. One (1) copy of the final plat reduced to 8':.0 x 11 inches, suitable for
presentation. (May be submitted with the initial final plat submittal, or
with later submittals).
w. One (1) copy of any required County-approved franchise agreement for
utility placement.
x. One (1) copy of any required Arizona Corporation Commission-approved
Certificate of Convenience and Necessity.
y. One (1) copy of any agreement (written and executed) between a
developer and a utility provider and a utility provider regarding placement
of utility lines or equipment in public utility easements.
z. One (1) copy of the completed, signed application and checklist.
aa. One (1) copy of all other applicable documents, as outlined under Chapter
3.11.F.
bb. Review fees per Chapter 8 and per the requirements of the other reviewing
agencies.
cc. Recordation fees for the final plat and any other document to be recorded.
(To be submitted only upon the request of the Planning Director, or their
designee). If recordation fees are submitted in the form of a check(s), the
check(s) must be made payable to the Mohave County Recorder.
2. Final Plats are subject to review by any or all of the agencies, for evaluation and
recommendation, as outlined under these regulations for Preliminary Plats.
3. The applicant must demonstrate notification to an incorporated municipality by
the submittal of appropriate documentation, prior compliance with ARS ~ 9-474
through ~ 9-479, or as amended, if any portion of the property to be platted is
located within three (3) miles of corporate limits of a city having subdivision
regulations.
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D. Final Plat, Form.
The final plat shall contain the following information. The information required as part of the
plat submittal will be shovm graphically, or provided by notes on the plat.
1. Plat data shall be drawn to an engineering scale of not smaller than 1 inch equals
200 feet; or at other scales approved by the County Engineer in compliance with
Arizona state law. If the final plat is comprised of more than one sheet, all sheets
shall be at the same scale, with match lines indicated on each sheet. A key map,
indexing the match line sheets and showing the relation of each sheet, shall be
included.
2. Each page of the plat shall measure 24 x 36 inches, with one-inch margins along
the top, right, and bottoms of the plat, and a margin oftwo inches along the left of
the plat.
3. A vicinity map (see definitions). The vicinity map shall include a north arroW and
scale and shall appear on the face of the plat.
4. The final plat shall be submitted on a transparent, durable, reproducible medium
(mylar) acceptable for recording, drawn with India ink or other permanent media.
All written matter, including signatures, shall be opaque so that legible blue line
prints may be obtained from the reproducible material.
5. The plat shall be drawn to National Map Accuracy Standards, as defined by the
Ai-izona Revised Statutes, the Manual of Surveying Instruction for Public Lands
of the United States, and the Mohave County Standard Specifications and Details.
6. The final plat mylar or other reproducible medium shall not include attachments
nor any form of pasted-on information, and shall not include revision dates.
7. All sheets of the final plat shall bear the name of the subdivision (but need not
bear the subtitle) and must include:
a. Scale.
b. North arrow.
c. Legend.
d. Date of plat preparation. (on cover sheet)
e. Sheet number and number of sheets comprising the plat.
f. The basis of bearing.
g. A clear description of each sheet's relation to other adjoining sheets,
if
more than one sheet is used.
8. All information that affects or is pertinent to a given lot or parcel shall be depicted
on the same page of a final plat. This requirement does not however limit the
number of pages that may comprise the final plat.
9. The title of each plat shall consist of the subdivision name and tract number,
placed at the top of each sheet. Below the title on the first sheet shall appear a
subtitle consisting of a general description of all the property being subdivided by
reference to sections, township, and range; by metes-and-bounds description;
benchmark; govenunent lots or aliquot portion; or by reference to subdivision
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BK 3684 PG 882 FEn2001011067
plats previously recorded in the Office of the Mohave County Recorder, or other
official plats.
10. The location and description of section or quarter-section comers, either found or
set, and ties to such comers; all dimensions, angles, bearings, and similar data on
the plat shall be referred to, indicated, and referenced.
11. Boundaries of the property being subdivided shall be shown on the plat with a
triple-wide, solid line border, and shall be fully balanced and closed, depicting all
the bearings and distances determined by an accurate survey in the field. Comers
of the subdivision shall be noted, monuments found or set shall be indicated and
described. Two (2) comers to the subdivision traverse shall be tied by course and
distance to separate section comers or quarter section corners.
12. The presentation of the final plat shall be neat, clear, legible, and complete in all
respects and shall be sufficiently detailed to include, but shall not be limited to,
"the following:
a. Tract boundary lines, lot and parcel lines, blocks, easement lines and
boundaries, street centerlines, right-of-way lines, and Section lines shall be
clearly shown and dimensioned with bearings, distances, and curve data as
applicable. Bearings shall be shown in degrees, minutes and seconds and
include the applicable compass quadrant, with distances expressed in feet
and decimals thereof, to the hundredth, and curve data shall include
central angle, radius, length of curve, chord length, and tangent distance.
b. Street rights-of-way and easement widths shall be shown along with all
other dimensions needed to fully describe each including bearing and
distances, and curve data. The name of each street shall be labeled and the
use of each easement noted.
c. Location and description of existing, found, and set monuments, such as
section comers and subdivision boundary corners, elevation bench marks,
existing rights-of-way, and easements, if any, shall be noted. Easements
shall be clearly dimensioned, labeled, and identified, and if already of
record, properly referenced to the record. If any easement or right-of-way
is not definitely traced to record, the title sheet shall include a statement
indicating that no record reference was found for that easement or right of
way.
d. Contiguous development, showing the name, tract number, and reference
to record, street lines, street names, and street width.
e. Contiguous existing easements, clearly dimensioned, labeled, identified,
and referenced to record.
f. Any existing lot, parcel, right-of-way or easement located within the
property being subdivided that are to be incorporated into or are being
used in conjunction with the design of the subdivision, shall be depicted
on the plat and referenced to record.
g. Type of monuments used, to be described in the legend.
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BK 3684 PG 883 FEEO::2001011067
h. Any excepted parcels within the subdivision boundary must be depicted
by bearings and distances on the plat, and be labeled as "not a part" of the
subdivision.
1. Each lot and block shall be numbered or lettered in sequential order. Lot
and block numbering should accommodate the phasing of the subdivision.
J. All roads shall bear a county approved name on the plat.
k. All property within the subdivision not designated as a lot or right-of-way
shall be considered a parcel, and shall be lettered in sequential order.
1. All lots not intended for sale or resale for private purposes, all parcels
offered for dedication for any purpose, public or private, and any private
streets permitted must be so designated on the plat.
in. If any portion of any land within the boundaries shown on a subdivision
final plat is subject to overflow, inundation, or flood hazard by storm
water, such fact and said portion shall be clearly sho'Ml and bounded on
each sheet of said plat.
n. FEMA Flood hazard zones shall be depicted on the plat.
o. The base flood elevation and minimum finished floor elevation shall be
shown on the plat for those lots and parcels partially or wholly located
within a delineated FEMA Flood Hazard zone. The base flood elevation
listed shall be the elevation of the lOO-year flood located at the center of
each affected lot or parcel.
p. The plat shall depict any airport approach zones, runway protection zones,
and any FAA noise contour areas above the 65 decibel noise level
threshold of significance, which affect the property.
13. The plat shall also show other data that is required by law.
14. The plat shall include the following certifications, acknowledgments, dedications,
grantings, ratifications, acceptances, and all other statements required by these
regulations. Such certificates and statements may be combined when appropriate.
Minor variations of wording and form, specific to a given proposal, may be
allowed or required as appropriate, if approved by the Planning Director for any
of the certifications or statements required on the final plat.
a. A certificate for signature by the County Environmental Health Division,
County Engineer, and County Plarming Director, as follows:
Approval
This plat has been checked for conformance to the approved preliminary plat and
any special conditions attached thereto, to the requirements of the Mohave County
Subdivision Regulations, and to any other applicable regulations, and appears to
comply with all requirements within my jurisdiction to check and evaluate.
By Date
52
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BK 3684 PG 884 FEE:::200 1 0 11 067
Mohave County Health Department
By
Date
Mohave County Engineer
By
Date
Mohave County Planning Director
b. A certificate signed by the owner(s) of the property being subdivided, or
to be signed by the property owner's authorized agent, followed by a
notary acknowledgment, offering dedication to the public of all parcels
intended for public use, and expressing the property owner's approval for
the recordation of the subdivision being platted, their consent to the
creation of the elements within the subdivision, and the terms ascribed to
the plat, as follows:
Dedication
State of Arizona )
) ss
County of Mohave)
Know all men by these presents, that
,
owner of the above-described property, has subdivided under the name of
, Tract , the above-described
property, as shown and platted hereon, and hereby publishes this plat as the plat of
said
, Tract , and hereby
declares that said plat sets forth the location and gives the dimensions of the lots,
parcels, blocks, and road names constituting same, and that each lot, parcel, block,
and road shall be known by the number, letter or name given each respectively on
said plat, and hereby dedicates to the public, for its use as such, the roads, and
Parcels , shown on said plat and included in the above-described
premIses. Easements are hereby granted to the public for the purposes shown on
the plat. I/we the owner(s) of this property, hereby certifY that
I/we amlare the only person(s) whose consent is necessary to pass, through the
dedication of rights-of-way shown hereon, clear first position title of said land to
Mohave County, on behalf of the public, and to grant the easements shown
hereon.
Date
c. A certificate(s) of ratification signed by all parties having any record or
other title interest in the land being subdivided, other than the signer of the
Dedication statement, followed by notary acknowledgments for each party
ratifYing the plat, consenting to the creation of the elements within the
subdivision, the terms ascribed to the plat, and to the dedication and
granting of all parcels, rights-of-way, and easements intended for public
use, as follows:
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BK 3684 PG 885
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Ratification and Consent
I (we) , the undersigned, as parties having
record or other title interest in the above-described property, or being a lienholder
on the property, do hereby ratify this final plat, and consent to the dedication of
rights-of-way and other public parcels, and the granting of easements for use by
the public.
Date
d. A certificate for execution by the land surveyor, as follows:
Surveyor's Certificate
This is to certify that the boundary survey and monumentation of the above-
-described subdivision was made under my direction and supervision and is
. accurately represented on this plat.
Date
Signature, date, State of Arizona registration number, and seal.
e. A certificate for execution by the professional engineer, as follows:
Engineer's Certificate
This is to certify that the engineering and design of the above-described
subdivision was made under my direction and supervision and is accurately
represented on this plat.
Date
Signature, date, State of Arizona registration number, and seal.
f. A certificate may be used in place of both the Surveyor's Certificate and
the Engineer's Certificate, as required by Chapter 3.11.D.14.d and
3.11.D.14.e, for those registrants certified in the State of Arizonaas both a
surveyor and an engineer and who serve in both capacities in the
preparation of a final plat, as follows:
Surveyor's and Engineer's Certificate
This is to certify that the boundary survey and monumentation, and the
engineering and design of the above-described subdivision was made under my
direction and supervision and is accurately represented on this plat.
Date
Signature, date, State of Arizona R.L.S. registration number, State of Arizona P.E.
registration number, and seal.
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BK 3684 PG 886 FEE:::2001011067
g. A certificate to be signed by the Clerk of the Board of Supervisors, as
follows:
County Clerk Certificate
I, ,Clerk of the Board of Supervisors of Mohave County,
hereby certifY that said Board approved the within plat on the day of
, , and accepted on behalf of the public all parcels of land
offered for dedication and granted for public use in conformity with the terms of
the offer of the dedication. .
Date
Clerk ofthe Board
Notary Acknowledgment
State of Arizona )
) 5S
County of Mohave)
On this day of ,
, before me the undersigned
officer personally appeared
, and
acknowledged him/her/self to be the
, and that they
being authorized to do so, certified the foregoing plat for recording purposes by
signing the plat.
Witness my hand and official seal.
Notary Public
My commission expires
h. A certificate to be signed by the Chairman of the Board of Supervisors, as
follows:
Assurance
Satisfactory assurance In the form
of , from
, has been provided in the full amount necessary to
guarantee completion of
, and all
other improvements for the above-described subdivision.
Date
Chairman, Mohave County Board of Supervisors
Attest:
Date:
Clerk of the Board
.
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BK 3684 PG 837 fEE~2001011067
1. A certificate to be signed and sealed by the Mohave County Recorder, as
follows:
This subdivision final plat
was filed and recorded at the
request of
,
owner of the above-described property, on the day of
,
,
at reception number
Date
Deputy County Recorder
Date
County Recorder
J. A certificate to be signed and sealed by a notary public, acknowledging
the signatures of the parties signing the Dedication statement and the
Ratification and Consent statement(s), as follows:
Notary Acknowledgment
State of Arizona )
) ss
County of Mohave)
On this day of
, , before me the undersigned
officer personally appeared
,
and
acknowledged himlher/self to be the
, and that he
being authorized to do so, executed the foregoing plat for the purposes therein
contained, by signing the plat.
Witness my hand and official seal.
Notary Public
My commission expires
k. The Planning Director shall have the discretion to allow the use of
ratifications separate from
the final plat under the fol
lowing
circumstances:
1) Ohly secondary title holders, lien holders, mortgage holders, or
other interest holders, as determined by the title report submitted
with the final plat, may sign separate statements of ratification for
a final plat. Primary property owners,
developers, or their
authorized agents must sign the final plat.
2) When a separate ratification statement is proposed, the ratification
document shall be submitted with the final plat to the Planning
Director for review. Upon approval of a ratification statement by
the Planning Director, the applicant shall have the ratification
document recorded with the Mohave County Recorder, prior to the
recordation of the final plat. The recording information of the
ratification statement shall be included on the final plat prior to or
with the recordation of the final plat.
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BK 3684 PG 888 FEE::=2001011067
E. Construction improvement plans.
A complete set of construction plans for those improvements proposed by the developer
shall be submitted with the final plat. All plans shall be prepared and presented in a
professional, accurate, and coordinated format. The plans shall contain all required
information and be presented in sufficient detail to allow for the construction of the
proposed improvements. The plans shall conform and comply with all applicable federal,
state, and local laws, codes, and regulations. The plans shall be prepared using the
criteria outlined in Chapter 5 of these Subdivision Regulations, the Mohave County
Standard Specifications and Details, and the Mohave County Flood Control District
Drainage Manual, and shall conform to the following format and requirements:
1. General for all sheets:
a. Complete title block including, but not limited, to subdivision name and
tract number, plan title, date, revision blocks, and engineer's name,
address and telephone number.
b. Drawn on a reproducible medium acceptable to the County, including
electronic media.
c. Drawn on Size D, 24 x 36 inch sheets.
d. Drawn to a standard engineering scale which shall be noted on each sheet
in both numerical and graphic formats.
e. Lettering size, line weights, symbols, or other drawings, inscriptions and
details in accordance with Mohave County Standard Specifications and
Details; however, in any event, of sufficient size and weight to be easily
read when reduced 50%.
f. North arrow.
g. Signed and sealed by an engineer licensed in the State of Arizona.
On
initial submittals, the seal and signature may be replaced by a prominent
note stating the same or similar to 'Preliminary
plans - Not for
construction.
h. Numbered sheets, i.e., 1 of [total] sheets, etc., and shall include match
lines as necessary.
1. Labeling of all road names, parcels, lot lines, and easements to include
numbers, letters, or other approved designations.
57
PAGE 66 OF 174
FEE~2001011067
BK 3684 PG 889
2. Cover sheets.
a. Owner's or developer's name, address, telephone number, fax number,
and E-mail address, if any.
b. Engineer's name, address, telephone number and fax number.
c. Subdivision name and tract number at the top of the sheet.
d. Improvement type designation (grading, paving, etc.).
e. Vicinity map.
f. Sheet index map and/or table of contents.
g. Reference, by note, to
any reports which impact the
proposed
improvements (soils, drainage, geology, etc.) to include the names,
addresses, telephone and fax numbers of the individuals or firms preparing
those reports.
h. Legend for standard symbols and abbreviations used.
1. Source and date oftopography.
J. Location and description of permanent benchmark, including reference to
source and datum.
k. List of estimated quantities for the improvements proposed.
1. The Mohave County Standard Notes, Conditions and Tenns, as modified
and approved by the County Engineer.
m. FEMAlFIRM Panel and flood zone(s) if available.
3. Plan View Sheets,
Plan view sheets shall be required to be submitted as improvement plans for
grading and drainage plans with supplemental cross sections provided, as needed,
to adequately explain and allow for the construction of the grading and drainage;
water plans for new subdivisions (unless otherwise required by the water
company); street light plans (when required or proposed); proposed traffic signing
and striping plan or when approved for use by the County Engineer, and shall
include the following information:
a. Existing topography by contours or spot elevations.
b. Existing improvements; buildings, pavement, ditches, etc.
c. Existing utilities; underground and aerial.
d. Existing and proposed property lines, easements, and rights-of-way,
properly and clearly dimensioned.
e. Proposed improvements with stationing, dimensions,
curve data,
elevations, and notes relative to standard details, if applicable, or
referenced to special details included in the plans.
f. Line weights and types of the proposed improvements; sufficiently darker
than existing information so it can be clearly identified.
g. Centerline monuments for roadways
at all points of curvatures,
intersections, section comers,
and quarter comers, and
property
boundaries.
4. Plan and Profile Sheets.
Plan and profile sheets shall be providedJor all proposed roads and streets,
sanitary sewer systems, storm drains, bridges, culverts, drainage channels, water
systems, and underground electric or gas services, as required by a serving utility,
and/or when required by the County Engineer. In addition to the information
58
PAGE 67 OF 174
BK 3684 PG 890 FEE~2001011067
required in Chapter 3.1l.E.3, Plan and Profile Sheets shall be drawn at 10:1
expanded scale and include the following information:
a. Elevation and stationing grids clearly indicated.
b. Profile of existing ground or surface over proposed construction.
c. Existing utility crossing.
d. Finished grade for the proposed improvements, including control and spot
elevations, slopes, grade breaks, vertical curve information, stationing,
construction notations, etc.
5. Detail Sheets.
Separate detail sheets shall be provided at the discretion of the engineer of record
- and/or - as required by the County Engineer, to show standard and special
construction details necessary for the construction of the improvements, such as
typical roadway and street sections, sign and utility installations, drainage
improvements, retaining walls, ADA compliant sidewalks, etc. All details and
sections shall be fully depicted and dimensioned to allow for construction.
Depending on available space, construction details may be placed on the cover
sheet.
6. General Notes.
The following general notes shall appear on the development plan. Additional
notes specific to each plan shall be provided as and where applicable:
a. All work shall be done in accordance with Mohave County Standard
Specifications and Standard Details unless otherwise approved by the
County Engineer, or unless approved as a Petition of Exception by hearing
of the Planning and Zoning Commission and the Board of Supervisors.
b. The contractor shall obtain a Right-of-Way Use Permit for any work to be
performed within right-of-way under the ownership or control of Mohave
County.
c. This set of plans has been reviewed for compliance with County
requirements prior to issuance of construction permits. However, such
review shall not prevent the County from requiring correction of errors in
plans found to be in violation of any law or ordinance. Review and
approval of plans does not release any developer or engineer from
responsibility for errors or omissions on said plans.
d. Improvements will not be accepted until certified Record Drawings (as-
builts), including all test results, have been submitted and accepted by the
County.
e. The developer, any successors, and assigns, will hold the County of
Mohave, its officers, employees, and agents harmless from any and all
claims for damages related to the use of this development as shown
59
PAGE 68 OF
1701-
BK36801- PG 891
FEE~2001011067
hereon, now and in the future, by reason of flooding, flowage, erosion,
or
damage caused by water, whether surface flood or rainfall.
f. Drainage will remain in its natural state and will not be altered, disturbed,
or obstructed other than as shown on this development plan.
g. A Floodplain Use Pennit and finished floor Elevation Certificate are
required for all parcels located within the FEMA designated areas of
special flood hazard for the 1 DO-year storm.
h. Any relocation, modification, etc., of existing utilities and/or public
improvements necessitated by the proposed development shall be at no
expense to the County.
1- The contractor shall follow all Blue Stake laws and notify Blue Stake (1-
800-ST AKE-IT), before digging.
J. All grading shall confonn to the Uniform Building Code, as adopted and
modified by Mohave County.
k. Where soil is to be removed from the site, the contractor shall designate
the location where the fill will be placed and obtain a letter from the
owner
of that property allowing the placement of the material. Placement of this
material shall be subject to the applicable requirements and permits of
the
governing jurisdiction.
1. All required traffic control devices shall conform to the Manual on
Uniform Traffic Control Devices (MUTCD), latest edition.
m. Except for the work performed under the terms of a franchise, or work
perfOlmed by a governmental agency, the contractor shall be responsible
for insuring that all work is inspected and tested by or under the direct
supervision of a Professional Engineer who shall hold a valid registration
in the State of Arizona.
F. Accompanying documents.
1. Commitment for an Owner's Title Insurance Policy and the submittal of the
policy.
a. Commitment for an Owner's Title Insurance Policy, issued by a title
insurance company licensed in the State of Arizona within the preceding
thirty (30) working days, to the owner of the land, issued for the benefit
of
Mohave County, covering all land within the subdivision, and all off-site
improvement property being offered, and showing all record owners, liens,
and encumbrances, and including a metes-and-bounds description of the
property being subdivided, or a precise aliquot description,
or a
description referenced to a recorded instrument which similarly describes
the property, showing clear title as proof of ownership of the land being
subdivided, and evidencing a commitment to insure the first position of
Mohave County, for the property dedicated or granted to the County in
trust for the public, per the dedications and grants included and/or
referenced on the final plat.
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PAGE 69 OF 174
BK 3684 PG 892 FEH2001011067
b. The value of the Title Insurance Policy shall be not less than the pro-rata
value of the property being dedicated and/or upon which granting(s) of
easement(s) is/are issuing. Value shall be based either upon a pro-rata
value based upon the proposed selling price of the developed lots, as
evidenced by the information provided by the applicant to the Arizona
Department of Real Estate in their public report for the subdivision, or the
developer may choose to have this value based upon the opinion of value
of the improved lots evidenced by an appraisal by an Arizona certified
appraiser. The Title Policy coverage amount shall be increased up to the
maximum insurance for the premium paid, if greater than the amount of
valuation. An updated copy must be submitted (at the request of the
Planning Director) within thirty (30) working days prior to final plat
recordation.
c. Final plats shall not be recorded until Mohave County has received
assurance that an O\\ner's Title Policy will be issued, by an Arizona
licensed title company, for the benefit of the County. The policy shall
insure the first position of the dedications and grants held by the County,
in trust for the public, upon the recordation of the final plat. Upon final
plat recordation, the developer must submit the actual O\vner's Title
Insurance Policy. In all events, Mohave County shall be named as the
'Insured' in Title Insurance Policies submitted in compliance with these
regulations. If the Owner's Title Insurance Policy is not received by the
Planning Director within thirty (30)
calendar days following the
recordation of the final plat, the Planning Director will institute the
processing of an abandonment (roadways and easements) and reversion to
acreage of the subdivision (lots and parcels). Any further action
to
subdivide any portion of the property shall require that a developer start
over with the processing of a subdivision sketch plan or a pre-application
meeting.
d. Any Standard Owner's Policy issued for the benefit of the County shall be
updated and brought current with the completion of the subdivision
improvements, confirming the first position ownership or grant to the
County, holding in trust for the public, the dedications and grants of the
subdivision and all associated external dedications and easements.
e. For any subdivision in which a title agency holds the property being
subdivided in trust for a developer, the developer shall submit to the
Planning Director proof of payment for the Owner's Title Insurance
Policy. This will be done prior to consideration by the Board of
Supervisors.
2. Assurances will be required (as defined in Chapter 4) for the completion of
improvements required by Chapter 5 of these regulations, and for any other
improvements the developer proposes.
3. Conditions, Covenants, and Restrictions, or other restrictions proposed by the
applicant for the lots and parcels in the subdivision. The developer may, upon the
review and approval of Mohave County, choose to record proposed CC&Rs or
other such restrictions prior to the final plat, and reference these documents to
record upon the face of the plat. Approved CC&Rs may also be recorded at the
61
PAGE 70 OF 174
e.K 3684 PG 893 FEE~2001011067
time of recordation of the final plat. Unsigned copies are acceptable for review;
however, the signed, original document must be received, upon request, prior to
scheduling the final plat for consideration by the Board of Supervisors. Mohave
County does not and will not enforce Conditions, Covenants and Restrictions for
any purpose under any circumstance.
4. Construction improvement plans prepared, signed, and sealed by an engineer
registered in the State of Arizona, for all on-site and off-site improvements
required of the applicant, and additional improvements proposed by the applicant
in the draft report to the Arizona Department of Real Estate, prepared in
accordance with adopted Mohave County Standard Specifications. The plans will
show such details to allow for construction of all improvements, and will show
land ownership, existing or proposed right-of-way limits, and other features
affecting the establishment and construction of such roads.
5. Engineer's sealed and signed cost estimate for the construction of all on-site and
off-site subdivision improvements. Any improvements not included in the cost
estimate must be covered by the submittal of an executed, prepaid, signed
contract(s) with the utility or service providers, as detailed below in number
eleven (11), or by the submittal of certified Record Drawings (as-builts) for non-
utility/service improvements.
6. Draft report to the Arizona Department of Real Estate, as is intended by the
applicant for submittal to that agency. The entire, completed ADRE Section III
Questionnaire, or current form, shall be submitted. Upon the recordation of a
final plat, the applicant shall submit to the Planning Director the final, approved
public report for the subdivision, as submitted to the Arizona Department of Real
Estate.
7. All required approvals from ADEQ (as outlined under Chapter 3.11.H.2), the
County Environmental Health Division (Including Form 113), Floodplain
Department, Army Corps of Engineers (if necessary), and all other reviewing
agenCies.
8. Lot area sheets, in the form of a memorandum, signed and sealed by a qualified
registrant of the State of Arizona, showing the total area of the subdivision and of
each lot and parcel. Lots and parcels under one (1) acre are to be shown in square
feet. Lots and parcels one (1) acre and greater are to be shown in acres, to the
nearest hundredth of an acre.
9. Document(s) in which the applicant makes clear provision for perpetual
maintenance of any private roadways, public or common parcels, easements or
other such elements that may be proposed. The applicant is responsible for
providing for the perpetual maintenance of all such parcels and property unless
and until such time as Mohave County accepts the maintenance. The applicant's
provision for the required maintenance must be included in agreements for a
property owners association or other legal entity, such as organizational Articles
of Incorporation or in CC&Rs proposed for the development. In all cases, the
applicant must disclose provisions for this maintenance in the draft and the final
report submitted to the Arizona Department of Real Estate.
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10. Separate instruments of dedication of rights-of-way or granting of easements,
referenced to record upon the final plat. All such dedications or grantings must be
accepted by the Board of Supervisors on behalf of the public.
II. Anyon-site or off-site subdivision improvements for which a cost is not included
in the engineer's cost estimate, shall be completed by the applicant and witnessed
by the submittal of as-built improvement plans, prior to scheduling the final plat
for consideration by the Board of Supervisors. Each on-site or off-site utility or
service improvements for which a verifiable cost is not included in the engineer's
cost estimate, shall require .the submittal to the Plarming Director of an executed,
signed contract with the utility or provider, including a dollar amount sufficient to
cover all such required
and additionally proposed improvements, and
demonstrating actual payment in full of this amount from the applicant to the
utility or provider. Those documents showing payment for those improvements,
and a letter from the utility expressing no objection to the subdivision or the
arrangement for the services provided must be received by the Plarming Director
from the developer prior to scheduling the final plat for consideration by the
Board of Supervisors.
12. The fully executed, durable, reproducible original (mylar) of the final plat;
submitted only at the request of the Planning Director, following the Board of
Supervisors approval.
13. Review fees as outlined in Chapter 8. Fees are required with the initial submittal
of the final plat.
14. Recording fees, as required by the Mohave County Recorder's Office. Fees are to
be submitted to the Planning Director, upon request, following the Board of
Supervisors approval of the final plat, and are to include recording fees for any
approved, accompanying documents.
15. Articles of Incorporation. Upon review and approval by Mohave County, the
developer shall record in Mohave County any such articles, prior to the
recordation of the final plat.
16. Bylaws of associations established for maintenance of common parcels in a
subdivision. Upon review and approval by Mohave County, the developer shall
record in Mohave County any such bylaws, prior to the recordation of the final
plat.
17. Separate instruments of dedication or granting to the public. Where separate
instruments are required or proposed for on-site or off-site dedications or
grantings, these must be submitted to the Planning Director with the initial
submittal of the final plat, or prior to consideration of the final plat by the Board
of Supervisors.
All provisions of Section 3.11.C.1.b, regarding Commitments for Title Policies,
and Title Policies for such dedications and grantings, shall be complied with. The
applicant shall provide a Commitment for an Owner's Title Policy, and an
Owner's Title Policy, with the recording of the dedications and grantings
evidencing the first position of the County, held in trust for the public. All such
dedications and easements shall include a legal description prepared by an
Arizona Registered Land Surveyor.
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Upon review and approval by the county of such separate instruments of
dedication or granting, and upon notice of such approval to the applicant, the
applicant must record the separate instrument with the Mohave County Recorder,
and reference the document(s) of record on the final plat. It is the responsibility
of the applicant to arrange scheduling with the county for required acceptances of
separately-established public rights-of-way or easements, by the Board of
Supervisors. Any Board acceptance of public rights-of-way or easements
established by separate instruments must be effected prior to the recordation of
the final plat.
18. Letters of authorizationIPower-of-Attomey. Owners, or parties having any
title
interest in the property being subdivided, must authorize in written, notarized
form the agents which are intended as signatories of the final plat or any
supporting separate documents, such as, but not limited to, a Certificate of
Corporate Resolution. In addition to the requirements of Chapter 3.II.C.I.t, five
- (5) copies and one (1) original durable Power-of-Attorney shall be provided, if the
signatory is the attorney-in-fact for an individual or individuals owning the
subdivision property, or havirig any title interest.
G. Compliance.
1. It is the responsibility of the applicant to comply with these regulations. In the
event of non-compliance, the developer shall be notified in writing of the
deficiency(s). The developer will then have 180 calendar days from the date of the
letter to resolve the deficiency(s). If the developer does not resolve
the
deficiency(s) within 180 days from the date of the notification letter, all
processing of their subdivision plat shall cease. The developer shall have 30
calendar days from cessation to provide evidence to the Director of deficiency
resolution, otherwise, the subdivision plat processing shall be terminated.
Termination automatically voids any previous approvals for any unrecorded
portions of the tract without further notification or hearing.
2. Non-compliance, relative to paragraph G.1, shall be determined by the Planning
Director. An appeal of a decision of non-compliance and/or termination may be
made to the Planning and Zoning Commission and Board of Supervisors.
H. Action on Final Plats.
1. Final Plats shall not be conditionally approved by the Board of Supervisors. No
final plat shall be scheduled for consideration by the Board of Supervisors unless
and until it has been reviewed by the requisite agencies and found to include all of
!he information required by these regulations; all conditions of the preliminary
plat approval have been fulfilled (except for the completion of subdivision
improvements, where assurances have been posted); and the plat complies with
these regulations and other applicable laws, ordinances, and requirements, and
addresses all other issues of review.
2. No final plat shall be scheduled for consideration by the Board of Supervisors
until the Planning Director has first-received the following items for the
subdivision:
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a. ADEQ (Arizona Department of Environmental Quality) Approval of
Sanitary Facilities (all subdivisions).
b. ADEQ approval to construct water and/or sewer improvements (on all
subdivisions).
c. ADEQ approval of construction of water and/or sewer improvements, for
those subdivisions in which the applicant has proposed the completion of
subdivision improvements prior to the recordation of the final plat.
d. A written statement from any jurisdictional fire district or department,
approving the adequacy of the water system in the subdivision for the
purpose of required fire flows.
.., Any final plat which has been reviewed by the required agencies and which has
oJ.
been determined by those agencies to be in compliance with these regulations, the
- conditions of the preliminary plat approval, and all other applicable requirements,
shall, upon written notification to the Planning Director, be scheduled for
consideration by the Board of Supervisors. The written recommendations from
all required and other interested reviewing agencies, stating that the final plat has
addressed the regulations and all issues of review, must be received by the
Planning Director no less than twenty (20) working days prior to a regular or
special meeting of the Board of Supervisors, in order for the final plat to be
scheduled by the Planning Director for consideration by the Board at that
meeting. Final Plats for which recommendations of approval have been received
by the Planning Director less than twenty (20) working days prior to a regular or
special Board meeting, shall be scheduled for a subsequent meeting.
4. The applicant is responsible, prior to the scheduling of a final plat for
consideration by the Board of Supervisors, for the completion of all required
subdivision improvements, and the completion of all other improvements as
intended for disclosure to the Arizona Department of Real Estate. No final plat
may be recorded without compliance with this chapter, unless the applicant has,
with the initial submittal of the final plat, included a proposal to use assurances
acceptable to Mohave County for the completion of all or part of the subdivision
improvements, and unless the Board of Supervisors approves, as a part of the
approval of a final plat, the use of an approved, executed assurance document in
accordance with Chapter 4.
5. For subdivisions in which the applicant has proposed the completion of
subdivision improvements prior to the recordation of the final plat, the
improvements must be completed and evidenced by the submittal of certified
record drawings to the Department, prepared by a qualified engineer registered in
the State of Arizona. The Director shall forward the certified record drawings to
the County Engineer for their review. Upon the completion of that review, and
upon receipt of a statement from the County Engineer recommending approval of
the certified record drawings the Planning Director shall schedule the certified
record drawings for consideration by the Board of Supervisors in conjunction
with the consideration of the final plat.
6. For subdivisions in which the applicant has proposed the completion of
subdivision improvements after the recordation of the final plat, the developer
shall provide a financial assurance acceptable to Mohave County, in an amount
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approved by the County Engineer, as defined in Chapter 4. Upon receipt of the
assurance document and upon review and approval by the requisite agencies of
the county, including, but not limited to, the County Attorney's Office, the
Planning Director shall schedule for consideration by the Board of Supervisors
the approved, executed assurance document, in conjunction with the final plat.
(See Chapter 4, Assurances)
7. For subdivisions in which the applicant has proposed the completion of
subdivision improvements by a combination of the use of certified record
drawings and assurance, both the certified record drawings and the assurance
documents must be submitted to the Planning Director, forwarded for review by
the requisite agencies, and returned with a recommendation of approval by those
agencies. Upon such recommendations, the Planning Director shall schedule both
the certified record drawings and the approved, executed assurance document in
the amount of the approved cost estimate of remaining improvements, for
consideration by the Board of Supervisors in conjunction with the final plat.
8. Under all circumstances in which an applicant proposes the use of an assurance
for the completion of any subdivision improvements, the assurance must be
unimpaired and in full force and effect, approved by Mohave County; been
executed by all necessary parties; and be effective prior to the date of Board of
Supervisors approval of the final plat for which improvements are assured, in
conformance with the requirements of Chapter 4.
9. In determining an approval or disapproval (denial) of a final plat, the Board of
Supervisors shall consider the plat of the subdivision, the recommendations of the
Planning Director, the offers of dedication and granting, and any assurance
agreements and guarantees, if any, for deferred improvement to the subdivision,
as required in Chapter 4. If the Board determines that the final plat and any
assurances for the completion of subdivision improvements is in order and in
compliance with the requirements of the law, these and all other applicable
regulations, ordinances, and adopted plans of Mohave County, it shall approve
said plat, however,
a. If the Board determines that said plat is not in conformance with the
preliminary plat, or if the plat does not sufficiently meet all other
requirements, it shall disapprove said plat, specifying its reason or reasons.
b. All roads and parcels offered for dedication or easements granted for
public use on the plat may be accepted by the Board of Supervisors, on
behalf of the public, with the approval of a final plat. Such acceptance, if
made, is not a representation or commitment by the County that it will at
any time construct, establish,
or maintain any roadway or other
improvement of the subdivision, but is merely an acceptance of title on
behalf of the public.
10. The umecorded portions of a preliminary plat, rezoning, and other approvals that
are conditional to the recordation of a final plates), are voided if and when a final
plates) of those properties is voided, requiring no further action for rescission.
11. Final plats approved by the Board of Supervisors prior to the adoption of these
regulations are hereby required to be recorded within one (1) year from the date of
the adoption of these regulations, or two (2) years after the original date of those
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final plat approvals, whichever is the latter. Any such final plat which has not
recorded by the end of this period shall terminate processing, as outlined under
Chapter 3.11.1.2.
12. When a final plat has been approved by the Board of Supervisors for a
subdivision in which the applicant has proposed the use of an assurance for the
completion of subdivision improvements, it is the responsibility of the applicant
to complete all such improvements within twenty-four (24) months of the date of
the recordation of the final plat, or as extended as provided for in Chapter 4 of
these regulations. If all improvements have not been completed at the end of this
period, or as extended, any remaining assurances held for the completion of those
improvements shall be forfeited by the applicant to Mohave County, in
accordance with Chapter 4.
13. Once a final plat has been approved by the Board of Supervisors, no further
changes, amendments, revisions, or any alterations to the approved layout and
-design of the subdivision may be made to the plat, other than necessary
executions, except as provided for in Chapter 3.11.K.
I. Recordation of the Final Plat.
1. Upon confinnation of compliance with all requirements, the Planning Department
will cause the final plat to be recorded within thirty (30) calendar days after
approval by the Board of Supervisors. The Planning Director shall not record any
subdivision plat unless it has been approved by the Board of Supervisors.
2. If the final plat has not been recorded within sixty (60) calendar days of the date
of the Board approval of the final plat, processing of the final plat shall be
terminated. Any further proposal to subdivide the property, or portion thereof,
shall require the applicant to start reprocessing, with the submittal of a new sketch
plan for flexible zoning projects, pre-application conference, preliminary plan or
other stage of review, as outlined in these regulations, for the type of development
proposed, including new fees. Under no circumstances shall a terminated final
plat be resubmitted as a final plat without first having been processed and
approved by the county through the earlier stages of review required by these
regulations.
3. No subdivision final plat will be recorded unless it has been approved by the
Board of Supervisors and has been signed by the requisite county agencies.
4. No subdivision final plat shall be recorded unless it has been signed and/or
ratified by all required owners, agents and other interested parties. This will be
for the purpose of passing a good and clear first position title to Mohave County,
to be held in trust for the public, for dedications of right-of-way and to establish a
public interest in the grantings of easements. Notarized signatories and/or
endorsements may also be made by separate instrument, as outlined under
Chapter 3.11.D.13.k.
5. For any supporting document to be recorded with the final plat, having first been
reviewed and approved by Mohave County, the original, signed document shall
be submitted to the Planning Director with appropriate recordation fees.
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6. No subdivision final plat shall be recorded unless all current and back taxes, and
any other type of assessments, have been paid in full by the property owner of the
land being subdivided, and written evidence of such payment has been received
by the Planning Director within thirty (30) working days prior to the recordation
of the plat.
7. Upon receipt of acceptable evidence from the applicant that all terms of approval
and requirements have been met, the Planning Director shall request the submittal
of the executed mylars or other reproducible, along with three sets of blueline
prints of the final plat and appropriate recording fees, to be determined by the
Mohave County Recorder. The final plat tracings shall not be submitted
to
Mohave County without the request of the Planning Director. Upon receipt of
these documents, the Planning Director shall circulate the original plat for final
verification and signature of the requisite county agencies. Upon the return of the
signed, original tracings, the Director shall cause the recordation of the
- subdivision final plat.
8. If, prior to the recordation of a final plat, the applicant has submitted copies of the
plat tracings for conformance, the copies will, upon recordation of the original
final plat, be conformed and returned to the applicant. The applicant shall submit
any fees required by the Mohave County Recorder for this service.
J. Corrected or Amended Final Plats.
1. Corrected Final Plats:
Except as may otherwise be provided by law, following the recordation of a
subdivision final plat, any error in plat dimensions or bearings or other similar
scrivener's error or technical omission may be corrected by the submittal of a
reproducible (mylar) of the original, recorded subdivision plat to the County
Engineer. A qualified Arizona-registered surveyor or engineer shall include on
the corrected final plat Mylar all corrections made, and shall note the exact nature
and extent of the corrections, as well as providing a new statement of approval for
the signature of the County Engineer. The applicant shall submit necessary fees
for the recordation of the corrected plat. Upon review of the document,
and if
finding that the only changes made to the plat are those corrections authorized
herein, the County Engineer shall certify this by signing the corrected final plat
mylar and causing the plat to be recorded with the Mohave County Recorder.
Thereafter, the corrected plat shall be titled "First Corrected Final Plat
of " Subsequently,
if additional corrections are necessary, the
successive corrected plats shall be titled in numerical sequence.
2. Amended Final Plats:
a. Any change to a recorded subdivision final plat other than corrections
authorized by Chapter 3.11.K.l shall require the submittal of an Amended
Final Plat. Typical changes requiring the amendment of a final plat
include, but are not limited to:
1) Relocation of any lot or parcel
line.
2) The addition or deletion of any
lot or parcel line.
3) Relocation of any roadway right-of-way
line.
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4) Relocation of any easement line or change in easement use.
5) Changes in any subdivision improvements.
6) Changes in the amount of land reserved for public use or the
common use of lot owners.
7) Change in designation from private roadways to public, or public
to private.
b. All amended final plats shall be forwarded to the Planning Director, and
shall be processed in accordance with and subject to the same procedures,
time lines, fees, Board of Supervisors consideration, and all other
regulations of Chapter 3.11, as for original final plat submittals. However,
the Planning Director, upon the submittal of an amended final plat, may
exclude supporting documents defined under Chapter 3 .11.F.
This
decision would be based on the determination that supporting documents
already on file with the original recorded final plat are sufficiently current
and remain valid and unaffected by the changes being made to the final
plat or to the subdivision thereof. It shall be understood that, under no
circumstances, shall the requirement for the submittal of review fees or
compliance with the requirements of Chapter 4 be waived. If an amended
final plat is submitted for review more than two (2) years after the date of
recordation of the original final plat, all supporting documents required
under Chapter 3.11.F shall be included with the submittal.
c. Only minor final plat amendments may be processed under these
provisions. Major or significant changes or amendments, to be determined
by the Planning Director, shall require the submittal of a new sketch plan
for flexible zoning projects or preliminary plat, depending on the extent of
the changes, and shall start over processing as outlined under these
regulations and specific to those stages of subdivision review.
d. Amended final plats, if processed in compliance with these regulations,
and if approved by the Board of Supervisors, upon recordation shall
thereafter be titled
"First Amended Final Plat of "
Subsequently, if additional amendments are proposed, the successive
amended plats shall be titled in numerical sequence.
3. Amended pre-regulation subdivision (Right-of-Way) plats:
a. To encourage developers who own all or part of a pre-regulation
subdivision (those recorded prior to September 7, 1965) to widen andlor
realign or improve the roadway rights-of-way in such subdivisions to
current standards, the following process is available.
b. Right-of-\Vay Plat submittal requirements.
A Right-of-Way plat shall be submitted to the Mohave County Engineer
for review. Complete Right -of- W ay
Plat submittals shall include the
following documents:
1) Five (5) copies of a 24 inch by 36 inch blueprint plat showing
roadway rights-of-way being dedicated thereon.
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2) Two (2) copies of a title report covering all of the property being
dedicated as roadway right-of-way per the Right~of- Way Plat.
3) Planning and Zoning Department and Environmental Health
Division review fees (amended Final Plat) as outlined in Chapter 8
of these regulations. No review fees will be charged where the
only plat or improvement change proposed by the applicant is the
widening of roadways to meet current County roadway width
standards.
c. Right-of-Way Plat: Form.
The Right-of-Way Plat shall contain the following information. The
information required as part of the plat submittal will be shown
graphically, or provided by notes on the plat.
1) Plat data shall be drawn to an engineering scale of not smaller than
one (1) inch equals 200 feet; or at other scales approved by the
County Engineer in compliance with Arizona state law. If the plat
consists of multiple pages, all pages shall include match lines and
be drawn to the same scale.
~
2) Each page of the plat shall measure 24 inches by 36 inches, with
one-inch margins along the top, right, and bottom, and a two-inch
margin along the left side ofthe plat.
3) The plat shall contain a depiction of all roadway areas being
dedicated via the plat, and shall show existing lots, parcels, rights-
of-way and easements present in the subdivision which lie
contiguous to new roadway areas, as well as those lots and parcels
which may otherwise be affected by the changes made on the plat.
4) The plat shall contain statements of dedication, signature blanks
for those making the dedication, ratification statements,
if
necessary, as well as statements from the Arizona registered land
surveyor who prepared the plat, and statements of county
approval, to be signed by the County Engineer or Surveyor, the
Planning and Zoning Director, and the Environmental Health
Division. Required notarizations shall appear on the plat.
5) The plat shall identify the original subdivision, the roadway(s) of
which are being widened, by referencing the recorded subdivision
name, the township, range and section where the subdivision is
located, and the date of recordation of the subdivision plat as it
appears at the time of the roadway widening.
6) Each lot or parcel of the original subdivision which has been
altered in any way due to the dedication of new right-of-way on the
plat shall show on the Right-of-Way Plat the resulting net acreage
or square footage of that lot or parcel.
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7) The Right-of-Way Plat shall provide bearings and dimensions for
all roadways, easements, lot and parcels within the boundary of the
plat.
8) The boundary of the plat shall be depicted with a triple-wide
border line.
9) The plat shall contain notes and narrative sufficient to fully
document the existing lots, parcels, rights-of-way and easements of
record, and to denote the changes made by the Right-of-Way Plat.
10) The Plat shall also contain all other information as required of
Parcel Plats, per Article 3.15.E of these regulations, except as
otherwise provided for herein.
d. Right~of- W ay Plat: Processing.
1) The Mohave County Public Works Department shall review the
Right-of- Way Plat for conformance with these requirements, and
shall forward the Plat to the Planning and Zoning Department, the
Environmental Health Division,
and any other interested
department or agency, for their review. The plat shall
be
distributed for review, with comments due back to the County
Engineer within fifteen (15) working days.
2) If a corrected plat submittal is required due to comments made by
the reviewing agencies, the applicant shall resubmit the plat and
any required supporting documents to the County Engineer for
further evaluation.
3) The County Engineer, the Planning and Zoning Director, and the
Manager of the Environmental Health
Division shall have
discretion to apply other appropriate requirements
to such
redevelopment, on a case-by-case basis, or as circumstances
affecting the public health and safety warrant, to accommodate the
variables encountered m
redevelopment of said property .
Applicants, who object to any decisions made by any of the
reviewing departments, may appeal a decision within thirty (30)
days of notification of the decision to the Planning and Zoning
Commission.
4) The Arizona Department of Environmental Quality Approval of
Sanitary Facilities form shall be required for any property
redeveloped through this procedure, prior to scheduling the Right-
of- Way Plat for consideration by the Board of Supervisors.
5) Upon a written
determination from all revIewmg county
departments, and other significant reviewing agencies, the County
Engineer will schedule the Right-of-Way Plat for consideration by
the Board of Supervisors.
6) The Board of Supervisors may either approve or deny the Right-of-
Way Plat. Approved Right-of-Way Plats shall be recorded by the
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County Engineer within thirty (30) calendar days of Plat approval.
Plat approval by the Board of Supervisors includes the acceptance
of all dedicated rightspof-way established via the Right-of-Way
Plat.
e. Other requirements.
1) When an applicant proposes to realign roads in a pre-regulation
subdivision (a subdivision approved prior to September, 1965) the
above process shall be followed in addition to the submittal of any
petitions of abandonment for public roadways or easements. Any
such petitions shall be submitted to the Planning and Zoning
Director to be processed concurrently with the Right-of-Way Plat
for consideration by the Planning and Zoning Commission and the
Board of Supervisors.
2) When an applicant proposes to improve roads and/or install
drainage control devices in a pre-regulation subdivision, the above
process shall be followed in addition to the submittal of three (3)
copies of roadway improvement plans, engineer's cost estimates,
and a detailed drainage report, for the affected portion of the
subdivision. The developer shall complete the construction of such
roadways prior to the recordation of the Plat. Assurances shall not
be used for the construction of such improvements for Right-of-
Way Plat projects.
3) When an applicant proposes to make ANY other changes to an
existing subdivision plat recorded or approved prior to September
7, 1965, or
if a developer proposes to construct
ANY
improvements other than roadways or drainage control devices, or
if a roadway widening or realignment results in more than ten
percent (10%) of all residential lots in the subdivision becoming
deficient of zoning minimum lot sizes, the Plat shall be processed
as an amended subdivision Final Plat per the procedures of Article
3 .11.K.2 of these regulations.
4) This Plat amendment procedure is also available to subdivisions
recorded after September 7, 1965. An applicant or agent who
represents at least fifty-one percent (51 %) of all owners of lots
adjacent to a right-of-way of an arterial or section line or higher
classification roadway located
partly or entirely wi thin
a
subdivision (or phase thereof) may submit a written request to
secure additional roadway right-of-way or to improve the road for
public use. The County Engineer and
Planning and Zoning
Director shall determine the feasibility of the request.
In processing the request, the County Engineer, Planning and
Zoning Director, and the Environmental Health Division Manager
shall have the discretion (which may be appealed to the Planning
and Zoning Commission) to prescribe additional requirements as
considered necessary to resolve issues which may arise due to such
improvements or widening. If necessary, right-of-way may be
obtained pursuant to A.R.S.~ 48-909(B)(1).
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5) Pursuant to applicable State statutes, Mohave County and other
governmental agencies shall (except as specified herein) be exempt
from compliance with these regulations in the processing of a
public project which affects or amends any subdivision plat.
Mohave County shall, in instances where it initiates a public works
project, prepare a Right-of-Way Plat containing the information
required herein and it shall be prepared under the review of the
County Surveyor, and the county shall record said Right-of-Way
Plat.
6) If lots or parcels are created as a result of this plat amendment
process which are deficient of the zoning minimum lot size, the
owner/applicant of that lot or parcel may stilI be able to obtain a
building permit, if the required Environmental Health Division
approvals have first been obtained, and if the lot or parcel exceeds
. required setbacks from property lines. Lots or parcels adjoining
one another along a common frontage road may also be sold
together to meet minimum zoning lot sizes and/or required
setbacks.
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Master Concept Plan
3.12 Master Concept Plan Application
A. Purpose
A graphic representation, with narrative and documentation, of an applicant's intended
development of a large area of land which meets one or more of the following thresholds:
Projects that will require a Master Plan submission include the following:
l. Projects that involve build-out populations of 3,000 or more people with
residential use densities of 3.3 units per acre or higher, or
2. -Projects that involve residential densities greater than 3.3 units per acre and
involve 1,500 or more acres, or
3. Any project involving 2,000 or more acres, or
4. Projects involving mixed residential and commercial land uses on 640 acres or
more, or
5. Any project involving build-out residential populations over 5,000 people.
6. Any multi-family and/or mixed use project with 8 units per acre or more
involving 320 acres or more.
The Master Concept Plan provides an applicant, who is proposing a large development, the
opportunity to describe the intended development of his property as the applicant wants it to
appear at completion. This process helps the applicant determine the purposes and uses for this
land in advance. Also, this process will eventually facilitate the development of an area plan
providing the County specific directions for community development for the development in the
future.
B. Master Concept Plan Application Information and Required Elements.
l. Submission of twenty (20) copies of the master plan, with numbered and matched
sheets, which shall be at least 18 x 24 inches in size, but no larger than 24 x 36
inches. If the drawing(s) are available in electronic format, a CD or diskette
containing the information in either AutoCAD ™ , "* .dwg", or "* .dxf' format,
should be submitted as well.
2. The various sheets of the master concept plan shall consist of at least the
following:
. a. The overall view of the proposed site with its major features; how they
are
integrated and connect together. The use of the M9have County General
Plan, any applicable area plan, and Zoning Regulation categories and
designations.
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b. The name of the Planned Development.
c. Name, address, and telephone number of the owner/developer, project
engineer/surveyor, and any authorized agent(s).
d. A vicinity map or other maps at an appropriate scale to show the
following:
1) Major features and terrain on and around the site.
2) Major roads and access points.
3) Any city limits.
4) Wells, water tanks, and other existing major structures.
5) Major washes and drainage channels.
e. A legend explaining symbols used on the map.
E A general notes section to include:
1) The total acreage of the site.
2) The current and proposed zoning for each separate proposed use.
3) The providers of water, sewer, gas, electric, telephone, fire
protection, and solid waste removal, and the distance to the nearest
adequate service node, or landfill.
4) The flood plain designation(s).
5) A property description of the site prepared by a land surveyor
registered in the State of Arizona.
6) The different types of proposed land uses and approximate total
acreage for each; approximate gross densities for each proposed
land use area (based on the General Plan); the different kinds of
residential units proposed and possible densities; and, if known,
the types of commercial uses expected to be developed.
7) Based on potential commercial densities, trip generation expected
and routes; and an estimate of the total build-out residential
population.
8) The proposed ownership
and perpetual maintenance
responsibilities of any common elements.
g. North arrow and scale and other information as presented.
h. A topographic representation, at 20-foot contour intervals or smaller,
showing major features of the site, including roads, structures, washes, all
major drainage ways and channels, rivers and drainage patterns. Source
data and basis of datum for the topographic representation.
1. A map of the entire project boundaries, including a 300-foot perimeter
around the project boundaries, exclusive of public rights-of-way, to show:
1) Adjacent and adjoining property uses.
2) Population and commercial densities.
3) Zoning designations.
4) All proposed land use locations and boundaries in all proposed
zoning designations, and existing roads, including nearest major
arterials by direction and distance.
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5) Proposed permanent legal access ways to the project.
6) The traffic circulation system, to include which streets are to be
collectors and arterials, with the number of lanes and type of
improvement for each, whether rural or curb and gutter. Any
proposed easements, signal locations, and access corridors,
including, but not limited to, pedestrian and bicycle routes,
including major points of access.
7) Any sites set aside for public facilities, including fire stations,
schools, parks, open areas, recreation areas, golf courses, and
clubhouses.
8) Location of open space parcels, drainage ways, easements, and
retention/detention areas.
9) Location of any municipal boundary within three miles of any
project boundary.
10) Approximate location of proposed and existing utilities and
connection points, or areas set aside for water and sewer facilities
development.
J. A narrative describing the relevant goals, policies, and objectives of the
Mohave County General Plan, and any appropriate area plan to be
achieved.
k. A proposed development phasing schedule, including a generalized
conceptual sequence for each phase; approximate size in area of each
phase; proposed phasing
of construction of public improvements,
recreation, and common open space areas. The above are conceptual ideas
only, as any
eventual subdivision platting will ' determine final
development details.
I. A narrative description of project goals, objectives, and policies intended
for the entire project which the developer wishes to achieve at completion.
Goals, objectives, and policies should include the following elements:
1) Purpose of the project: include feasibility and compatibility with
surrounding land uses and values.
2) Time lines, themes and zoning interrelationships.
3) Natural resources, including environmental aspects such as riparian
and habitat areas; air and water quality; hillside protection; routes
and vistas; energy conservation; noise; and aquifer protection, as
relevant.
4) Community goals and objectives.
5) Land uses, including residential, commercial, and industrial.
6) Economic development potential.
7) Infrastructure for water, sewer, solid waste, and flood control
8) Transportation network.
9) Public facilities, schools, fire stations, and other support services.
10) Parks, all recreational types, playgrounds, and libraries.
3. Summary.
a. Explain how the community could become self-sustaining for potential
future incorporation through the development of infrastructure, planned
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tax-base developments, and the design of the project to accommodate
growth, or
b. Explain how it could develop and grow to self-sustaining status within the
three-mile influence of an incorporated city. Include the potential impact
of the city on the development; the impact of the project on the city; and
potential annexation by the city.
4. Processing.
a. The plan will not be sent out for review by the various county departments
and other agencies until the application and all required supporting
documents have been received by the county. Once received, plan and
document copies \\in be sent to reviewing agencies who will review the
plan for feasibility, content, and continuity. Review agencies will have
fifteen (15) working days to respond to the county and make any
comments or suggested corrections to the plan. The plan will be returned
to the applicant within a reasonable period of time, generally within
twenty-five (25) working days from the date of submission, with
comments, suggestions and/or corrections from the first review.
b. The applicant may request a meeting with county staff and other
responding review agencies for direct input and information to aid in the
correction of the plan, or in the review of any revised plan. Once
corrected, the applicant will resubmit the plan to be redistributed to the
reviewing agencies that requested corrections, for an additional fifteen
(15) working days for further comment. Subsequent reviews, if required,
will be distributed to those agencies requesting corrections for additional
review periods, as described above. Plans will be returned within a
reasonable period of time, generally twenty-five (25) working days for
each submittal.
c. The number of copies of plans and documents to be submitted for any
subsequent review after the initial plan submittal, shall be determined by
staff and relayed to the applicant by means of the comments and
corrections summary before the applicant resubmits the plan for the next
reVIew.
d. Once the county has determined that the plan has received concurrence
from all reviewing agencies, and all corrections have been made, the plan
will be scheduled for the next available meeting of the Planning and
Zoning Commission for a recommendation to the Board of Supervisors.
Submissions must be presented by applicable deadlines. Upon approval
by the Board of Supervisors, the requirements under Section B, below,
shall be submitted to the County to support the approved Master Concept
Plan.
e. Approval by the Commission and Board represents the concurrence of the
county of the feasibility of a master concept plan and its potential for
development. Approval does not assign any zoning designation whatever,
nor does approval provide any vested rights.
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f. Any approved Master Concept Plan shall be incorporated into an existing
area plan by amendment, or if an area plan does not exist, it shall become
the foundation for development into an area plan.
4. Review Fees: As detailed in Chapter 8.
C. Support Information.
The following reports and documents shall be provided as support information following
approval of the Master Concept Plan by the Planning and Zoning Commission and Board
of Supervisors:
1. A traffic impact analysis and transportation study with estimates.
2. Hydrology of the area and demonstration of water adequacy to support the full
~uild-out community for future growth.
3. Preliminary environmental assessment report of the project area and adjoining
lands, including upstream-downstream long-term effects for a radius of three
miles around the project boundaries. Aspects of assessment incl1;1de:
a. Hydrology of the area; drainage; impervious surfaces effects; 10- and 100-
year storm events.
b. \Vater availability; location and depths; short and long term effects of
water table and aquifer reduction; and downstream effects. Water quality.
c. Sewerage effects; downstream effluent release and plumes.
d. Habitats, species, and wildlife.
e. Geology and topography.
f. Scenic vistas.
g. Vegetation.
h. Air quality.
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PasTrak
3.13 FasTrak Residential Subdivision Process
A. Purpose.
To provide a procedure for a developer to bring a qualified subdivision project to final
plat approval at the end of a six-month time period, given certain conditions and
requirements.
The Mohave County FasTrak process may be used only for the following projects:
1. A single phase subdivision, or
2. The first phase, only, of a multiple phase subdivision.
3. All subsequent phases of a multiple-phase subdivision must still fulfill all the
county subdivision requirements of these regulations, including the submittal of
all required documents for each stage of processing, for each subsequent phase.
B. Conditions.
FasTrak projects will be processed according to the Mohave County Subdivision
Regulations within the framework of the following requirements. The developer is
expected to abide by the time frames and project commitment. The penalties for non-
adherence to the FasTrak process are self-imposed: loss of time and expense. The
developer assumes all risk for completing FasTrak requirements according to schedule.
If, due to circumstances as a result of or caused by the developer's own action, the project
does not reach the Board of Supervisors agenda at the end of six months, the project will
continue on until it does, at a pace compliant with the standard processing requirements
of Chapter 3.10 and 3.n.
If the developer complies with all of the requirements of the FasTrak procedure, and
meets all deadlines outlined herein, the county will make every effort to ensure that the
plat will be scheduled for consideration by the Board of Supervisors by the end of the
sixth month. There is no guarantee that any given project will be approved by the
Commission and Board:
1. Only one phase for a subdivision development project in an assigned tract may
FasTrak at one time. Each phase of a subdivision must be able to stand alone and
all subsequent phases to a subdivision project must include
all related
documentation.
2. A developer may FasTrak different tracts at the same time.
3. Ineligible projects are those where it do~s not seem feasible or logical that the
project could be ready for final plat approval at the end of six months, and they
include but may not be limited to the following:
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a. Master Plans.
b. Project property in litigation.
c. Property having prohibitive encumbrances.
d. As-built projects larger than 40 lots and/or 15 acres.
4. The applicant fully recognizes that they have submitted a project for FasTrak at
their own risk, with no vested rights, and that the project could receive a
recommendation for denial by the Planning and Zoning Commission, or be denied
by the Board of Supervisors.
C. Pre-Application Conference.
The successful FasTrak project depends upon strict self-control on the part of the
developer and his engineer, and adherence to agreed-upon terms at the pre-application
conference, within a framework of positive commitment. The pre-application meeting is
held to determine eligibility and feasibility of the project and to come to a mutual
understanding between the developer and county concerning FasTrak procedures through
a follow-up, written agreement. This agreement will contain the issues, specific details,
requirements, and deadline for FasTrak which the developer must follow during
processing. FasTrak projects will be put on hold until the pre-application conference
agreements are completed and signed. Week 1 will begin with the complete submiss,ion
of the plat and required documents.
The pre-application conference will address the following:
1. To confirm feasibility and location for the subdivision, conformity with the
General and/or relevant Area Plan, and the feasibility to be able to FasTrak
following the regulations of Chapters 3.10, 3.11, 4 and 5. To describe the overall
project including all phases and units, including the use of a conceptual drawing,
as necessary.
2. To confirm permanent access and appropriate rights-of-way to the subdivision.
3. To confirm improvements to be constructed, according to Chapter 5, including
availability of water, sewer, electric, and telephone service systems to the site for
Urban Development Area and Suburban Development Area subdivisions. For
Rural Development Areas, improvements for water, sewer, and electric shall be
accomplished, depending upon the type of subdivision submitted and in
accordance with Chapter 5 requirements for Rural Development Areas.
4. To confirm the probability the zoning request will be approved.
5. To confirm drainage, grading, and other engineering requirements to be met.
6. A letter describing the terms and conditions agreed upon at the pre-application
conference will be sent to the developer for signature. The signed letter is
returned agreeing to the conditions set forth.
D. Week 1: Comprehensive Submittal and Plat Correction Process.
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BK 3684 f'G 912 FEB2001011067
1. Once the terms and issues for the process have been agreed to in writing, the
developer shall submit a tentative plat and all required documents at one time,
including processing and review fees.
The developer and his engineer must be prepared for this step in the process.
Delays in the submission of required information and documents compresses the
FasTrak process, leaving less time for review and approvals to continue
processing, or to meet required deadlines. It is important that the developer and
their engineer have all required information and documents ready for submittal
and review by state and local reviewers by the beginning of the first week. The
sooner improvement plans are submitted to the Arizona Department of
Environmental Quality, Arizona Department of Water Resources, Bureau of
Reclamation, or any other federal, state or local agency, the sooner approvals to
construct will be issued.
2. The developer shall be given ninety (90) calendar days from the date of the pre-
-application conference agreement to submit all required information, and
documents to start FasTrak. If the developer misses the ninety (90) day deadline
for submittal, the FasTrak agreement will be null and void. A new pre-
application meeting and written agreement, with a new ninety (90) day deadline,
will be required.
3. There are no shortcuts to FasTrak processing. The tentative plat and documents
are required to comply with all county subdivision processing regulations. Refer
to the standard plat requirements in these regulations, for submittal and processing
requirements. ,FasTrak projects are given higher priority for processing. The
following submittals are required:
a. Submittal of plans and documents according to Chapters 3.10 and 3.11,
except for duplication of documents. Several plat sheets may be required
to contain all the necessary information. The final plat Mylar or
reproducible format should only contain those elements required. (See d.
below.)
b. Submittal of final improvement plans to ADEQ and to the county for
approvals to construct water & sewer facilities. Without the approvals to
construct, the final plat will not be scheduled for public hearing.
c. Submittal of a tentative plat (a combined preliminary and final plat with
final improvement plans, developed in accordance with these Subdivision
Regulations) with all required supporting documents. The tentative plat
will be taken as a "preliminary plat" to the Planning and Zoning
Commission and, if recommended for approval, the plat shall be
forwarded to the Board of Supervisors as a "final plat" for their
consideration.
d. Delay submittal of the final plat Mylar or acceptable reproducible plat,
until asked to do so by the Planning Director.
e. Fees will be according to Chapter 8.
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BK 368ft PG 913 FEE~200101106 7
E. Week 21: Fonns and Documents.
All documents shall be corrected and error-free by this week. This week is the deadline
for approval of as-builts, assurances, forms, and other documents. Assurances wi 11 be
limited to either a Perfonnance Bond, Trust Agreement, or Letter of Credit, on a form
approved and provided by the county.
F. Completion of any other required supporting documentation within the time frames listed
in the signed agreement.
Note: FasTrak is designed to reach Final Plat approval in six months. It is the responsibility of
the developer to submit timely plat a8plications and corrections with all required
supporting documents to reviewers within the time frames listed.
G. Completion of Plats.
All plat corrections and required documents shall be accomplished a minimum of twenty
(20) working days prior to the Planning Commission public hearing for which the plat is
scheduled to be considered. If assurances are used, the assurance documents shall be in
effect prior to Board consideration. Approval to agendize a plat for a Planning
Commission hearing shall be detennined by the Planning Director.
It is the applicant's responsibility to ensure that their tentative plat is ready for the
Planning Commission approval by this deadline. The plat must be free of deficiencies,
except for minor corrections, as determined by the Director. This includes all required
document fonns and the assurance method. The applicant must ensure that their engineer
completes the tentative plat corrections and resubmittals for review according to the
schedule, as the FasTrak process tenninates at the end of week 26 with no refund of fees.
H. Planning and Zoning Commission Hearing for the Tentative Plat.
A tentative plat approved to be agendized for a Planning and Zoning Commission public
hearing (as a "preliminary plat"), shall be scheduled for approval along with any required
rezone application that has not received prior approval.
1. The Commission provides their recommendation on the rezone and the tentative
plat ("preliminary plat").
2. The tentative plat is scheduled for a Board of Supervisors public hearing as a
"final plat," based upon the recommendation of the Commission.
I. Weeks 1 through 26: Approvals to Construct.
The applicant has twenty-six (26) weeks to obtain approvals to construct from all outside
third party agencies, including ADEQ and ADWR. Copies of these approvals shall be
required to be submitted to the county twenty (20) working days in advance of the Board
of Supervisor meeting for which the item is scheduled to be heard for final plat approval,
or the plat will be removed from the BOS agenda and placed in continuance until all
approvals to construct have been received.
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BK 3684 F'G 9H FEE~2001011067
1. \Veek 26: Board of Supervisors Public Hearing.
1. Consideration of the tentative plat, as a "final plat," by the Board of Supervisors.
2. Recordation by the Planning Department upon determination of confirmation of
compliance with all requirements, no later than 30 days after BOS approval.
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Short Plat
3.14 Short Plat Subdivisions
A. Purpose.
To provide an abbreviated subdivision approval process which will save time for
subdivision projects consisting of 6 to 10 lots that qualify as authorized by A.R.S S 11-
806.01,1.
B. Waiver of Preliminary Plat and Certain Improvements by the Board of Supervisors
1. Short Plat subdivision applications must complete the requirements of Chapter 5,
Improvements, among other requirements. However, Arizona Revised Statute 9
-11-806.01,1 authorizes an applicant who submits a subdivision for review.that
consists of ten (10) or fewer lots to request a waiver from the Board of
Supervisors for the preparation and submittal of a preliminary plat and/or to waive
or reduce certain improvements, except for dust-controlled access and minimum
drainage requirements. Any request for a waiver shall be submitted at the rezone
stage and include at least an 8 12 X 11 inch concept plat showing the proposed
subdivision, and a detailed description of the items requested to be waived before
any final plat is submitted. The requirements to follow in C, D, and E are
minimum requirements and may not be waived.
2. The submittal of the Final Plat, improvement plans, cost estimates, real estate
report, and all other affected supporting documents, shall reflect any waiver
approved by the Board.
3. If the Board denies a request to waive the Preliminary Plat, the applicant shall
process their subdivision according to standard processing procedures found in
these regulations. If the Board denies a request to waive a subdivision
improvement, but approves the waiving of the Preliminary Plat, the applicant
shall process the Short Plat as a final plat, and shall provide all necessary
supporting documents required
by these regulations, including the
improvement(s) that were denied a waiver.
C. Short Plats in Urban Development Areas shall provide the following:
1. Connection of all residential and commercial lots to an ACC approved
public potable water supply and sewer system, if those services adjoin the
subdivision boundary, or if not, an ADEQ approved potable water supply
and on-site sewer treatment facility provided as part of the subdivision.
Provision of electric and telephone services and associated required
improvements to each residential and commercial lot. Paved internal roads
shall be required for a short plat subdivision if it has any residential
lot
two (2) acres or less, or if any portion of the proposed subdivision is
partially or completely within an air quality non-attainment area and/or
the
Building Overlay zone.
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BK 3684 PG 916 FEEo::2001011067
2. A short plat includes from six (6) to ten (to) lots or parcels. No residential
or commercial lot or parcel shall be smaller than 6,000 square feet in an
Urban Development Area, and all lots shall be less than one (1) acre each.
3. All proposed Short Plat projects shall complete all improvements before
the plat may be recorded.
4. Due to their size and in the interest of promoting an abbreviated plat
process, Short Plats should not be assured.
5. Improvement plans shall be submitted with the final plat application.
6. Compliance with all other subdivision regulations not in conflict with this
Section for subdivisions located in Urban Development Areas.
D. Short Plats in Suburban Development Areas shall provide the following:
1. For Short Plats with any residential lot one (1) acre to two (2) acres, all residential
and commercial lots shall be connected to any adjoining ACC (if applicable)
approved public, semi-public, or private potable water and or sewer system.
Ifa
public system is not available, connection of all residential and commercial lots to
an ADEQ or applicable agency approved potable water supply and on-site sewer
treatment facility or individual lot septic units contained within the proposed
subdivision is required. Electric and telephone service and associated
required
improvements are also required to each residential and commercial lot, and
include the paving of all roads within the subdivision.
2. Proposed short plat subdivisions with ALL residential and commercial lots greater
than one (1) acre, up to five (5) acres, shall provide an ADEQ approved potable
water supply either by public system or developed as a part of the subdivision, or
by individual well, public or internally provided sewer treatment facility, or
connection to an existing public or private system, or approved individual lot
septic units, and electric and telephone service to each lot.
3. Paved roads (with curb and gutters where required for drainage purposes) shall be
provided in the entire short plat subdivision which has any residential lot one (1)
acre or less, or where any lot in the subdivision is partially or completely within
an air quality non-attainment area, or where the subdivision adjoins a paved
arterial or other paved residential or commercial development, or the subdivision
is located partially or completely within the Building Overlay zone.
4. A short plat shall consist of six (6) to ten (10) lots. No residential lot shall be
smaller than one (1) acre in a Suburban Development Area, nor larger than five
(5) acres.
E. Short Plats in Rural Development Areas shall provide the following:
1. A short plat includes from six (6) to ten (10) lots. All lots shall be five (5) acres
or larger.
2. Electric service shall be brought to the nearest accessible boundary of the
subdivision.
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3. Paved roads (with curb and gutters where required for drainage) will be required
for any Short Plat subdivision located partially or completely in a Rural
Development Area which is also located partially or completely within an air
quality non-attainment area, or if the subdivision is located partially or completely
within the Building Overlay Zone.
F Conditions.
1. To expedite the process, the applicant must bring any proposed or required,
completed rezone application to the pre-application conference.
2. If during processing, deviations from the regulations or agreement from the pre-
application conference are noted, the Planning Director shall determine whether
the processing of the plat may be continued, as detailed in these regulations, or
determine another action as necessary.
3. All short plat design criteria and requirements shall be according to Chapters 3
and 5 of these regulations.
4. Short plat development is not an alternative to subdivision phasing, and all
adjoining property held by the applicant in relation to the proposed short plat shall
be taken into consideration at the pre-application conference, and to determine
whether it appears the short plat application intent is to defeat the standard
phasing process for subdivisions. Development programs and phasing plans for
adjoining property owned by the applicant shall be submitted for review at the
pre-application conference.
5. Short plat applications shall be limited to one (1) submission every five (5) years
for the same parent parcel or adjoining parcel(s) held by the applicant. The five
(5) year period shall commence with the recordation date of the previous final
plat. The applicant may submit more than one (1) Short Plat at a time, as long as
each Short Plat subdivision is not in the same section. Short Plats cannot
be
adjoining.
6. No Planned Unit Development (PUD) applications may use the Short Plat
process. (PUDs are unique submittals and as such have requirements and
agreements tailored for their purpose).
7. If a Short Plat subdivision has not been recorded within two (2) years of the date
of assignment of a tract number, the project and tract number shall be in default
and the tract number and project shall be void without further notification. The
Planning Director may grant one extension for one (1) year. A request
for an
extension which has been denied by the Planning Director may be appealed to the
Planning and Zoning Commission.
8. Qualified short plat subdivision plans do not require the consideration or approval
of the Planning and Zoning Commission, however, rezoning requests require the
consideration of both the Planning and Zoning Commission and the Board of
Supervisors. Qualification as a Short Plat requires the waiving of the preliminary
plat by the Board.
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9. A Short Plat cannot be phased.
10. Short Plats shall be fully constructed without the use of assurances.
11. All proposed Short Plats shall complete all improvements before the plat may be
recorded.
12. Improvement plans shall be submitted with the final plat.
13. Compliance with all other subdivision regulations not in conflict with this Chapter
is required.
G. Pre-Application Conference.
The pre-application conference shall detem1ine the feasibility and appropriateness of the
short plat, including goals and objectives of the General Plan and any approved area plan,
compliance with Chapter 3.11.C, and review the general layout of the proposed
subdivision. The applicant (owner/developer) and project engineer shall participate at the
pre-application conference with Mohave County and other agencies, as appropriate.
Conditions mutually agreed upon at the conference shall constitute the plat development.
The applicant shall sign a statement that concurs with the conditions mutually agreed
upon at the pre-application conference before or along with submittal of the Short Plat.
Submittal requirements and outline of the pre-application conference:
1. The applicant will present the Short Plat concept drawing and any supporting
documents and required fees.
2. The applicant will submit any necessary rezone application and fees. They will
include an 8'lS x 11 inch rendering of the concept drawing showing the Short Plat
in relation to adjoining and adjacent properties and major thoroughfares,
including any proposed roads.
3. Except for the Board's determination of improvement waiver requests (if such a
request is proposed by the applicant) the conditions of the review and processing
agreement for the Short Plat will be finalized at the pre-application conference.
4. A rezone request approved by the Commission and any request for waiver of the
Preliminary Plat and any improvements shall be scheduled for consideration by
the Board of Supervisors. Upon approval by the Board, the concept drawing will
be assigned a tract number upon receipt of the signed agreement of plat
conditions. The applicant has two (2) years from the date of assignment of a tract
number to record the plat, or the tract number and the project shall be
automatically rescinded without notification or qualification. A Board of
Supervisors approval of waiver of a Preliminary Plat and any improvements to be
waived is required before a Short Plat final plat or any of its documents will be
accepted for review.
H. Filing and Processing Procedures.
1. The signed agreement statement acknowledging the pre-application conference
conditions is submitted by the developer.
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2. Any request for waiving the preliminary plat and improvements by the Board is
submitted. and is either approved or denied by the Board.
3. If the Board approves the waiving of a preliminary plat, then the final plat
submittal process shall be according to final plat requirements, as described in
Chapter 3.11.
a. Improvements will be considered complete upon submission of as-built
drawings of requi~ed completed improvements which are signed and
sealed by an engineer registered in the State of Arizona, and approved by
the County Engineer.
b. The plat is reviewed through the standard final plat review process and
time lines.
c. The short plat review fee is collected. (The
short plat fee shall be
according to Chapter 8)
1. A Short Plat cannot be considered by the Board of Supervisors until thirty (30) days after
the rezone has been approved by the Board.
J. When the conditions of Final Plat approval have been met, the Final Plat shall be
recorded. Recordation will be processed upon submittal of required signed documents
and recording fees, according to the final plat process.
K. Submission of documents required to obtain the final plat approval include the final
version of documents required in the preliminary stage as outlined in Chapter 3.10.
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NON-RESIDENTIAL SUBDIVISIONS
3.15 Non-Residential Subdivisions
Proposed non-residential subdivisions consisting entirely of non-residential lots (i.e., commercial
or industrial zoned land) shall be processed per the following requirements. Non-residential
subdivisions may not include any single-family residential lots or parcels.
A. Tentative Plat.
1. Processing and submittal requirements
a. The tentative plat shall show the entire acreage of the non-residential
subdivision, the primary roadway rights-of-way, primary easements and
parcels, such as for drainage or utilities. The tentative plat shall show
all
the information required of standard subdivision Final Plats, as defined
in
Chapter 3.11 of these regulations, except as may be further outlined
herein.
b. The tentative plat shall also include the terms of plat approval, including,
but not limited to the zoning of the future lots and parcels, the minimum
lot sizes, and/or the maximum number of lots which the subdivision can
be developed into, and other details and agreements.
The ultimate
development and build-out of the subdivision shall be determined by the
net acreage of the project, and the minimum lot size of the requested
zoning (or the respective minimum lot sizes corresponding to the various'
zoning designations requested.) Maximum lot coverage, as defined by the
Mohave County Zoning Ordinance, shall also be taken into account in
determining the maximum development of the subdivision.
c. Where a developer proposes more than one zoning designation within the
subdivision, the plat shall be' segmented into the various zoning
designations requested, the individual lots can then be platted according
to
Chapter 3.15, E. Where rezoning is required, or is proposed by an
applicant, rezone applications, shall be considered by the Planning and
Zoning Commission, and conforming with the other provisions of Chapter
3.15, shall accompany the tentative plat to the Board of Supervisors when
the Planning Director or staff determines that plat to be ready for the
Board's consideration.
d. Upon receipt by the Planning Director of a complete tentative plat
submittal for a non-residential subdivision, the Director or staff will
cause
a processing of that plat consistent with the processing of standard
subdivision Final Plats, with the exception that:
1. A Development Review Committee (DRC)
will be involved in the
review of the plat.
2. The tentative plat shall not require
the consideration of the
Planning and Zoning Commission.
The tentative plat shall be
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considered by the Board of Supervisors,
upon a recommendation
from the Planning Director.
e. Complete plat submittals will be forwarded for review by the requisite
departments and agencies defined in Chapter 3 of these regulations.
f. The tentative plat submittal shall include all of the plats and documents
required of standard Final Plats, as defined in Chapter 3.11 of these
regulations, except that:
1. A standard detailed drainage report
shall also be included with the
submittal for the entirety of the property
proposed for subdivision.
2. A draft Department of Real Estate
report is not required.
3. Include a site and area transportation
impact report.
4. Include any required application
for rezones or plan amendments.
5. Submit hydrology reports and preliminary
determination of water
adequacy according to A.R.S. 9 45-108.
g. Fees for the review of non-residential subdivision submittals shall be as
defined in Chapter 8 of these regulations.
B. Development Review Committee.
1. The Development Review Committee shall consist of county staff and other
agency representatives as necessary for an appropriate appraisal of the project.
The Planning Director, or staff representative, shall chair the Development
Review Committee (DRC), schedule DRC meetings, and otherwise coordinate the
processing of the submittals, acting as the clearinghouse for subdivision review.
The requisite departments and agencies shall review submitted plats, and bring
any verbal or written comments to a subsequent meeting to be scheduled and held
with the developer and his engineer. Issues and comments pertinent to the plat
review will be discussed in the meeting. Following the meeting, the contributing
DRC members shall, within five (5) working days, provide the Planning Director
or staff with written comments from each respective department, regarding the
plat review.
2. Upon completion of the review of the first plat submittal, and if the county finds
that the subdivision is in conformance with these and other applicable regulations,
the Mohave County General Plan, and area plans, the Planning Director or staff
will issue a tract number for use with the tentative plat. With the first review of
the submitted plat, the DRC, through their discussion of issues of concern with
the developer and engineer, and through their written comments, will establish the
terms of the plat agreement, including, but not limited to a determination of core
subdivision improvements required by these regulations which will be required of
the developer. The terms of the plat agreement will be forwarded to the developer
and engineer, and those terms shall be noted on the tentative and Final Plats for
the subdivision.
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C. Improvements for base subdivision Final Plat
1. Off and on site improvements required of developers for non-residential
subdivisions shall be no less than those for urban subdivisions, as defined by these
regulations, except that the design of all roads shall be acceptable to the County
Engineer for the uses intended. Water,
sewer, electric, and all other
improvements shall be sufficient to accommodate the anticipated build-out of the
development. Subsequent lot splits and development may require expansion,
addition or modification of improvements including but not limited to roadways,
drainage devices, utilities and other services.
D. Recordation ofthe base subdivision Final Plat
Upon approval by the Board of Supervisors of a non-residential subdivision tentative
plat, the Final Plat for that subdivision shall be recorded following the same provisions as
for standard Final Plats, as defined in Chapter 3.11.
E. Subsequent platting of subdivision lots
1. Lot Plat. Upon the recordation of the base non-residential subdivision Final Plat,
a developer may submit a Lot Plat, according to requirements of the tentative plat
and Agreement, to the Planning Director, showing one or more lots per Lot Plat,
for those lots being created out of the undivided portion of the original
subdivision plat. The proposed Lot Plat shall include the following:
a. The Lot Plat shall confonn to the requirements for Parcel Plats, as defined
by Chapter 7.15 of these regulations.
b. The Lot Plat shall show the overall original subdivision boundary, and the
Lot Plat location within that boundary, and the proximity to previously
recorded Lot Plats within 300 feet (if any) in the same subdivision.
c. Number the lots being created in a logical and uniform manner, and
reference to record the name, tract number, legal description, and
recording infonnation of the original subdivision Final Plat.
d. The Lot Plat shall be accompanied by a site plan (as defined by Chapter
8.7 of the Mohave County Zoning Ordinance) for each lot being platted on
the Lot Plat, for which it shall be reviewed by the same agencies and per
the same procedures as for regular site plans and Parcel Plats.
e. The Lot Plat will not require the consideration of the Planning and Zoning
Commission or the Board of Supervisors, and shall be processed
administratively by the Planning Director, or their staff.
f. If and when the Lot Plat meets the requirements necessary for approval,
the Lot Plat will be recorded in the same manner as for Parcel Plats.
g. Separate and additional dedications, grantings, and assurances, if required
or proposed, shall be processed for public acceptance through established
procedures, and the Lot Plat shall be recorded and referenced to record
upon the original subdivision Final Plat or upon individual Lot Plats.
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F. Non-residential subdivision restrictions.
1. Non-residential subdivisions shall not be phased.
2. Core subdivision improvements required of a developer in conjunction with the
original subdivision plat shall be as-built (demonstrated with record drawings) if
the engineer's cost estimate for such improvements is less than $50,000. Pre-
approved forms of subdivision assurances, as defined in Chapter 4 of these
regulations, may be used by a developer if the cost of the core subdivision
improvements will be $50,000 or more.
3. All roads established within or as a part of non-residential subdivisions shall be
dedicated as public roadway rights-of-way. Private roads are prohibited within or
as a part of non-residential subdivisions.
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)
4.1 Completion of Improvements
A. All on-site and off-site subdivision improvements required of and proposed by a
developer, shall be completed by the developer prior to the consideration of a final plat
by the Board of Supervisors, as outlined under Chapter 3.11.H.
B. In lieu of compliance with Chapter 4. I .A; if a developer proposes the completion of all or
part of the subdivision improvements after the recordation of the subdivision final plat,
the developer must use one of the methods of assurance defined in Chapter 4.2, to ensure
the completion of those improvements.
4.2 Methods of Assurance
A. Pre-approved forms. There are three forms of assurance pre-approved by Mohave
County:
1. Performance Bond; per Exhibit A, Chapter 4. I O.A.
2. Irrevocable Letter of Credit; per Exhibit B, Chapter 4.1 O.B.
.... Trust Agreement (Cash Escrow Account): per Exhibit C, Chapter 4.10.C.
-'.
B. Alternate forms of Assurance.
A developer may propose the use of forms of assurance other than the three pre-approved
assurances listed above. Any such proposal will be considered an alternate form of
assurance by Mohave County. All proposed alternate assurances shall be submitted to
the Planning Director with the initial submittal of the subdivision final plat. The
Planning Director shall forward the proposal to the County Attorney and the County
Engineer for review. Upon the completion of review, the Director shall schedule the
proposal for the consideration of the Planning and Zoning Commission and the Board of
Supervisors.
The Board of Supervisors shall not approve the use of any alternate assurance without a
recommendation of approval from the County Attorney's Office for the form and content
of the assurance based upon the County Engineer's approval of necessary improvements
and associated cost estimates. The assurance must guarantee for Mohave County a
readily available fund equal to or exceeding the County Engineer-approved cost estimate
for all on-site and off-site subdivision improvements.
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4.3 Assurance Agreement
A written agreement shall be entered into between the county and the developer to provide the
format for implementation of an assurance to complete improvements for a subdivision. Included
in the agreement shall be an identification of parties, definitions, and certifications; duration of
the assurance and terms of release; provisions necessary to guarantee to Mohave County a dollar
amount equal to or exceeding any expenses that may be incurred by Mohave County in
administering the terms of the assurance; any expenses for collecting the assurance when
forfeited by the developer in the event of developer default; and any other elements in
accordance with these regulations.
4.4 General Requirements
All forms of assurance are subject to the following requirements:
A. Assurances shall be satisfactory to the County Attorney as to form.
B. All subdivision assurances, if approved by Mohave County, shall be executed and in
effect prior to the date of Board of Supervisors approval of the final plat for which
improvements are assured, as outlined under Chapter 3.11.H.8.
C. Assurances shall be posted and recorded for each subdivision phase separately, or for the
subdivision in its entirety if no phasing is proposed. The developer shall provide
recording fees for the assurance.
D. All subdivision improvements shall be completed within twenty-four (24) months of the
recordation of the final plat, per Chapter 3.11.H.12, or as extended pursuant to these
provisions. The duration of all assurances shall cover a period beginning prior to the date
of Board of Supervisors approval of the final plat, and ending not less than thirty (30)
months after the recordation of the final plat. The period of duration shall be
incorporated into all documents constituting the assurance.
1. Extensions of Time. Extensions of time for the completion of subdivision
improvements may be considered by Mohave County under the following
circumstances.
a. The developer, prior to the second anniversary date of the recordation of
the final plat, must submit a written request for an extension of time to
the
Planning Director.
b. The developer shall provide such documentation necessary to justify an
extension of time within which the developer must complete the
subdivision improvements. The developer must demonstrate that extreme
circumstances (acts of God) beyond their control have prevented the
completion of the subdivision improvements.
c. The Planning
Director shall forward the request, along
with a
recommendation of approval or denial of the request, to the County
Engineer.
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BK 3684 PG 926 FEE~2001011067
d. The extension request will be evaluated administratively by the County
Engineer incorporating into his evaluation the recommendation of the
Planning Director or their staff. The County Engineer will determine the
approval or denial of an extension of time request, however, the County
Engineer shall not approve an extension request if the Planning Director
recommends denial of the request.
e. The County Engineer shall send written notice to the applicant of the
approval or denial of the extension request. If the extension is granted, it
will be for a two (2) year period from the anniversary date of the
recordation of the final plat, and shall not require the consideration of the
Planning and Zoning Commission or the Board of Supervisors. If the
extension request is denied, the request shall automatically be appealed to
the Board of Supervisors. The Board, in their consideration of the
appealed extension request, may approve or deny the request.
f. Once one lot in the subdivision has been sold by the developer of record,
or once at least one building permit for a residential structure has been
issued in the subdivision, under no circumstances (other than an act of
God) will Mohave County grant more than one (1) two-year extension of
time for the assurances for the completion of subdivision improvements,
except for a "cure period" as provided below.
g. In the event that a developer has been granted an extension of time within
which to complete the improvements for their subdivision, and if at the
end of the term of that extension such improvements are not yet entirely
completed, or if the developer needs additional time to submit or process
record drawings for the subdivision improvements, or testing results, as
may be required by the County Engineer to demonstrate the completion of
the improvements, the developer shall automatically have an additional
"cure period" of sixty (60) calendar days, beginning immediately upon the
expiration of the extension, within which to resolve all remaining
improvement/assurance matters to the satisfaction of Mohave County, in
an effort to avoid having their assurance declared in default of these
regulations.
If at the end of the cure period the subdivision improvements are not
completed as required by these regulations, the County Engineer shall
recommend that the Board of Supervisors declare the assurance for these
improvements to be in default, per the provisions of these regulations.
h. If an extension of time is granted for the completion of subdivision
improvements, it is the responsibility of the developer to ensure that the
assurance is renewed by the issuing entity (prior to requesting an
extension by Mohave County), for a tenn covering at least six (6) months
past the County-extended period of approval. The developer shall provide
evidence of this renewal to Mohave County with their request for an
extension oftime.
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BK 36134 PG 927 FEE~200101106
7
E. The Board of Supervisors, with the recommended approval of the County Attorney, may
at any time during the effective duration of the assurance, accept a substitution of
principal or sureties to the escrow account, bond, or letter of credit. Any such proposed
amendment must be approved by the Board of Supervisors, subject to all restrictions of
these regulations.
F. All forms of assurance shall guarantee to Mohave County a dollar amount equal to or
exceeding the County Engineer-approved cost estimate of all on-site and off-site
subdivision improvements, both required and proposed, to ensure the completion of those
improvements in the event of developer default. All assurances shall, in addition to the
approved cost estimate amount, include a contingency amount not less than ten percent
(10%) of the total cost estimate. .
G. Regardless of the assurance form used, Mohave County shall in all cases retain the right
to determine developer default.
4.5 Restrictions
All forms of assurance are subject to the following restrictions:
A. Land, and any improvements that may be contained thereon, shall not be used as an
assurance guarantee in any form.
B. No form of assurance may be withdrawn, reduced in amount or released (except as
provided in Chapter 4.7), or otherwise amended or altered without the written consent of
the Mohave County Board of Supervisors.
4.6 Responsibility for Review
A. Review and Inspection.
The engineer of record shall provide the County Engineer with documentation necessary
for a determination of the completion of all subdivision improvements, including
appropriate testing. If the County Engineer finds upon inspection that any of the
improvements have not been constructed in accordance with the approved improvement
plans, the subdivider shall be responsible for completing or replacing such improvements,
or such improvements shall be corrected or amended to the satisfaction of the County
Engineer.
B. Acceptance of Improvements.
The county will not accept improvements, including those scheduled for dedication to the
public, nor reduce, nor release any assurance, until the County Engineer has determined
that such improvements have been satisfactorily completed. Upon such approval and
recommendation to the Board of Supervisors, the Board shall accept the improvements
dedicated with the recordation of the subdivision final plat, and those dedicated by
approved separate instruments, in accordance with established procedures.
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4.7 Partial Release of Assurances
Of the three pre-approved forms of standard assurances defined under Chapter 4.10, partial
assurance releases may only be made with Trust Agreements and Letters of Credit. \Vhere a
standard Trust Agreement or Letter of Credit form of assurance is used, or where an alternate
form of assurance acceptable to Mohave County allows partial releases, a developer may request
the partial release of assurances, equal in dollar amount, to the subdivision improvements
completed since the last assurance release, if any. All such requests for partial assurance releases
shall be in writing from the developer. The request shall include red-lined as-built improvement
plans prepared by the project engineer, and a cost estimate itemization from the project engineer
detailing the work completed and the improvements remaining. Where a subdivider completes
part of the subdivision improvements on property dedicated to the public through Mohave
County, the County will not accept maintenance of such improvements until the County
Engineer determines that the improvements can be used and maintained independently of
improvements required for the remainder of the subdivision, or may be used and maintained in
conjunction with existing adjacent improvements. The County Engineer shall process the partial
release of qualifying assurances, and shall, authorize the release of assurances commensurate
with the improvements he determines to be acceptably completed. Under no circumstances shall
a partial release of assurances cause the resulting assurance balance to fall below ten percent
(10%) of the original, approved, assurance dollar amount (the original approved cost estimate
amount plus the ten percent (10%) contingency).
4.8 Complete or Final Releases of Assurances
Upon the full completion of all subdivision improvements, a developer may request the complete
or final release of assurances for that. subdivision. All such requests for complete or final
assurance release shall be accompanied by the submittal of a letter from the developer, along
with the original as-built improvement plan mylars or other reproducibles prepared by the project
engineer, showing all improvements completed and including reports on any necessary required
testing. The County Engineer shall review the documentation submitted, and shall make an
inspection of the subdivision improvements to determine their completeness and conformance to
the approved improvement plans, and any required standards and specifications. If all
subdivision improvements are found to be satisfactory under these and all other appropriate
regulations and requirements, the County Engineer shall schedule the complete or final release of
subdivision assurances for the consideration of the Board of Supervisors. If the County Engineer
determines any noncompliance with these or other required regulations, standards or
specifications, they shall notify the developer of such deficiencies.
. Any acceptance of the subdivision improvements and release of assurances shall not absolve or
release the developers, owners, or their engineers, contractors, sub~contracts or other agents from
full responsibility for full completion of improvements and compliance with all laws, including
these regulations.
4.9 Default
It is the responsibility of the developer of a subdivision to complete all the on and off-site
subdivision improvements in a maCUler consistent with the timelines outlined in these
regulations. The developer is also responsible for providing to Mohave County a complete set of
record drawings (as-built improvement plans) of all subdivision improvements at least ninety
(90) calendar days prior to the expiration of the period of assurance approval (or as extended), to
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allow the County Engineer sufficient time to review the improvements, and if necessary to
comment on corrections.
If the developer has not completed all subdivision improvements within twenty-four (24) months
of the date of recordation of the subdivision final plat, as per Chapter 3.11.H.12 (or as extended
per these regulations), the County Engineer shall recommend that the Board of Supervisors
declare the development improvements or portion thereof to be in default of these regulations.
If the condition of materials and/or workmanship in the improvements of a subdivision show
unusual depreciation upon inspection (as determined by the County Engineer), or if the
improvements do not comply with County or other required standards, the County Engineer shall
recommend that the Board of Supervisors declare the development improvements or portion
thereof to be in default of these regulations.
If the Board of Supervisors declares the subdivision improvements or a portion thereof to be in
default, the developer/owner shall forfeit assurances for the default. The Board shall, if it has
chosen not to revoke, or is prohibited (per the provisions of Chapter 1.7 of these regulations)
from revoking the subdivision, seize assurances in a dollar amount equal to the cost of the
completion of any outstanding improvements, and/or the cost of replacing or amending any
improvements which are not in compliance with the approved improvement plans, the standards
and specifications required for those improvements, and the cost to Mohave County of
administering and collecting the forfeited assurances to complete the improvements. The Clerk
of the Board of Supervisors, thereafter, shall notify the Arizona Department of Real Estate of the
default, as well as the bonding agent for the assurance.
4.10 Assurance Forms
Assurance formats acceptable to the Mohave County Attorney's Office are included in these
regulations by refere~ce and are attached as exhibits A, B, and C. They include a Performance
Bond, Trust Agreement and Letter of Credit.
When a developer uses one of the county-approved standard assurance forms referenced herein,
that assurance does not require review or approval by the County Attorney, Planning and Zoning
Commission, or Board of Supervisors. However, if the assurance proposed deviates in any way
from the pre-approved forms, the assurance shall require approval by the County Attorney and
Board of Supervisors, with County Attorney approval required prior to scheduling the assurance
for the consideration of the Board, and Board approval of the assurance shall be required prior to
the consideration of the subdivision final plat covered by the assurance.
If an -assurance is seized by the county, all funds therein will be used to complete all required
improvements referenced in the assurance agreement, real estate report, and the approved cost
estimates to complete the subdivision project, per these regulations.
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5.1 Minimum Improvement Requirements
A. General Conditions.
It is the developer's responsibility to design, furnish, install, and otherwise provide the
property being subdivided with adequate public infrastructure and utilities, as required by
these regulations, in accordance with other regulations of the county and state, and as
disclosed by the developer to the Arizona Department of Real Estate in the public report.
Land shall not be approved for final plat use unless and until adequate public
infrastructure and utilities have been provided and have been adequately assured for by
the developer, in accordance with the minimum requirements for assurance stated in
these regulations. Minimum required improvements, as described herein, must be
designed in conformance with
adopted county plans, policies, standards,
and
specifications for those types of development areas described in the General Plan and any
relevant area plan.
B. Development Areas.
The Mohave County General Plan divides the county into development areas. Those
areas are called the Urban Development Area (UDA), Suburban Development Area
(SDA), and Rural Development Area (RDA), which are based on, among other factors,
residential unit densities per acre.
1. Urban Development Areas will have parcels and lots less than one (1) acre in size.
2. Subur~:Jan. Development Areas will have parcels and lots from one (1) to five (5)
acres In Size.
3. Rural Development Areas will have parcels and lots of five acres or greater in
size.
C. Improvement Plans.
Engineered improvement plans and detailed cost estimates shall be'submitted by the
developer for the minimum improvements required by these regulations. The approval of
improvement plans and detailed cost estimates shall be valid for a period of two (2) years
from the date of preliminary plat approval by the Board of Supervisors, unless extended.
For any unrecorded subdivision or phase thereof, any work not completed within the two
(2) year period shall have plans and cost esti~ates resubmitted for approval by the
County Engineer.
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This requirement may be further defined or supplemented through the standards
contained herein, and such standards as are required by other departments and agencies.
All required improvements described herein, must be designed in conformance with
adopted county plans, policies, and specifications, and shall be provided by the applicant
and at no cost to the county.
The developer or his agent shall notify Mohave County Public Works Department forty-
.-"f'. eight (48) hours prior to commencement of construction of improvements. This notice
shall be in written form and shall be hand delivered or mailed to the Department, Design
and Review Division. Failure to notify may result in delays in processing the Final Plat
and/or delays in release of assurances.
Mohave County may inspect required improvements during construction to ensure their
satisfactory completion. If County inspections reveal that any of the required
improvements have not been constructed in accordance with the approved plans and
Mohave County Standards and Specifications, the developer shall be responsible for
correcting and completing the improvements according to the plans and specifications.
D. Minimum Required Improvements.
1. Water Supply.
a. The developer shall provide an ADEQ or applicable agency approved
public or semi-public or private water system with adequate pressures for
fire flows at 100 percent (100%) occupancy to:
1)' Alllo~s ~thin a subdivision containing
any lots less than five (5)
acres In SIze, or,
2) Any subdivision, regardless of lot
sizes, to be located in an Urban
or Suburban Development Area, as depicted
in the General Plan.
b. Where required, action shall be taken by the developer to extend or create
a water supply district, and/or water company for the purpose of providing
a water system and supply.
c. The developer may be required to submit additional information or proof
of water availability in the form of hydrological reports prepared by a
qualified hydrologist in the State of Arizona, and/or qualified geologist
or
other engineer.
2. Water Line Connection and Distribution System.
,
a. For proposed subdivisions where an ADEQ or applicable agency approved
potable water supply system is required, the water system shall be
installed with a service line and meter to each lot to provide safe and
potable water in sufficient volume in excess of fire flows for the projected
100 percent (100%) occupancy. The developer shall be required to install
the water system in such a manner that the lot owner can
make the
connection at the street utility' easement, or alley abutting the lot, without
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cutting any new residential pavement or surfacing. Water system
installation shall include any off-site improvement necessary to provide
the above service conditions, including booster pumps, lines, stations, or
other requirements.
b. For proposed subdivisions where an ADEQ or applicable agency approved
potable water supply system is required and the subdivision is not located
within an ADEQ or applicable agency approved provider district and an
acceptable service connection is not within 1,320 feet of the proposed
subdivision, provisions for an appropriate water supply shall be
constructed within the subdivision, and shall conform to all ADEQ or
applicable agency and county franchise and incorporation regulations and
procedures.
c. For proposed subdivisions where an ADEQ or applicable agency approved
potable water supply is required, and the proposed subdivision is not
within an approved ADEQ or applicable agency approved provider service
area, but is within 1,320 feet of an approved potable water system and at
or near an appropriate connection point, the developer shall petition the
water provider to extend the district boundary to include the subdivision or
allow the proposed subdivision to connect to the existing service lines.
d. For proposed subdivisions where an ADEQ or applicable agency approved
potable water supply is required and an ADEQ or applicable agency
approved potable water supply is within 1,320. feet of the proposed
subdivision and inside the water supply provider's service area, the
subdivision shall be required to obtain right-of-way, if necessary, and
construct water lines to connect to the water service provider at an
appropriate connection point.
3. Fire Hydrants.
Wherever a water supply system is required for a proposed subdivision, fire
hydrants that conform to the minimum requirements of the applicable fire code
shall be installed. Hydrants shall be located according to the fire code
requirements of the fire district the project is in. To eliminate future street
openings, all undergrotmd facilities for hydrants, together with the hydrants
themselves and all other water line improvements, shall be installed before any
final construction of roadways.
4. Sewer Disposal Service.
Proposed subdivisions in any Development Area shall COIU1ect all lots, except
those set aside for open space or recreational purposes, to an approved public or
private sewer system or other wastewater treatment facility where required by the
Arizona Department of Environmental Quality or U.S. Environmental Protection
Agency.
a. Urban Development Area
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1) All proposed subdivisions with any lot less than one (1) acre,
except those set aside for open space or recreational purposes, shall
connect all residential and commercial lots to an adjoining ACC (if
applicable) approved public, semi-public or private sewer system.
If no ACC approved sewer system is available, an ADEQor
applicable agency approved sewer collection treatment facility
shall be constructed on or off-site to serve the subdivision
development. No individual or collective septic systems v/ill be
allowed.
2) Proposed subdivisions with all lots larger than one (1) acre may
construct an ADEQ or applicable agency approved public or
private sewer collection treatment facility, or develop individual or
collective approved septic units or systems.
. b. Suburban Development Area
1) Proposed subdivisions with any lot that is one to two acres, except
lots designated for open space, commercial
or recreational
purposes, shall connect all residential and commercial lots to an
adjoining approved public or private sewer system, if available. If
not, an ADEQ or applicable agency approved sewer collection
treatment facility shall be constructed as part of the subdivision
development.
2) Proposed subdivisions with all lots larger than two (2) acres but
smaller than five (5) acres, except lots designated for open space,
commercial or recreational purposes, shall connect all residential
and commercial lots to an adjoining approved public or private
sewer system. If an adjoining sewer system is not available, an
ADEQ or applicable agency approved sewer collection treatment
facility may be constructed as part of the subdivision development,
or individual lot or collective approved septic treatment units may
be developed.
c. Rural Development Area
1) Proposed subdivisions with all lots larger than five (5) acres,
except those lots designated for open space, commercial or
recreational purposes, may connect to an approved adjoining
public or private sewer collection system, or provide an ADEQ or
applicable agency approved sewer collection treatment facility as
part of the subdivision development, or may provide individual or
collective ADEQ or applicable agency approved septic treatment
units for all residential and commercial lots.
5. Electric Service.
Electric service is required according to the following:
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a. Any proposed subdivision located partially or fully
in an Urban
Development Area or Suburban Development Area, or which contains any
lot less than five (5) acres in size, shall provide electric service to each
individual lot.
b. All proposed subdivisions containing lots five (5) acres or greater in size
shall provide standard residential electric service to the nearest accessible
boundary of the subdivision.
c. Electric power lines shall be installed in accordance with the requirements
of the serving utility.
6. Telephone Service.
Telephone service is required according to the following:
Any proposed subdivision located partially or fully in an Urban Development
Area or Suburban Development Area, or which contains any lot less than five (5)
acres in size, shall provide telephone service access to each individual lot.
7. Sidewalks.
Sidewalks, with ADA access ramps, are required within an Urban Development
Area as follows:
a. Within any proposed residential subdivision where paved streets and street
lighting are required and the subdivision has residential densities of eight
(8) units or more per acre.
b. Within any subdivision that has 150 or more dwelling units on lots of any
size located within one-quarter mile of an existing elementary or middle
school.
c. Where sidewalks are required, and residential lots adjoin commercial or
industrial lots located within the subdivision, the sidewalks shall extend
across or through the commercial or industrial lot .
d. Where sidewalks are required or provided on private property, provision
for perpetual maintenance either by the developer, a home owners
association, or individual lot owner, shall be provided. Where sidewalks
are approved by the County Engineer to be constructed in the public right-
of-way, they will be constructed according to county standards and will
need to be accepted for permanent maintenance by the Board of
Supervisors.
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8. Street Lighting.
Street lighting is required within an Urban Development Area as follows:
a. Within any proposed residential subdivision that requires paving of streets,
and has both residential densities of eight (8) units or more per acre and
150 or more dwelling units.
b. Within any proposed subdivision of 150 or more dwelling units located
within one-quarter mile of an existing elementary or middle school.
c. Within any proposed subdivision on commercial or industrial lots within
the subdivision.
9. Roadway Improvements.
-Roadway improvements are required according to the following:
a. Minimum roadway improvements for proposed subdivisions containing
lots greater than five (5) acres in size shall be constructed in accordance
with Mohave County Standard Specifications for an aggregate base road
and to the minimum cross-sectional requirements shown therein for the
required functional classification of roadway.
b. Minimum roadway improvements in proposed subdivisions containing
lots one (1) acre to five (5) acres in size shall be paved in accordance Vvith
Mohave County Standard Specifications and Details for an asphalt~
concrete surfaced road and shall be constructed to the minimum paved
cross~sectional requirements shown therein for the required functional
classification of the roadway.
c. Minimum roadway improvements in proposed subdivisions containing
lots less than one (1) acre in size, or located within one-quarter mile of an
existing elementary or middle school, or an acquired site, or adjacent to
any commercial or industrial lots within the subdivision, shall be paved in
accordance with Mohave County Standard Specifications and Details for
an asphalt-concrete surfaced road and shall be constructed to the minimum
paved cross-sectional requirements shown therein for the required
functional classification of the roadway.
d. In all cases, minimum roadway improvements in proposed subdivisions
located within a three (3) mile radius of an identified PM-IO Non-
Attainment Area shall be paved in accordance with Mohave County
Standard Specifications and Details for an asphalt-concrete surfaced road
and shall be constructed to the minimum paved cross-sectional
requirements for this roadway classification or greater and other standards
as required.
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e. Higher road construction standards may be required by the County
Engineer to adequately provide for unusual situations and conditions, such
as, but not limited to, soils, drainage, or traffic volumes or loads.
10. Drainage.
The developer shall be required to provide all drainage-related improvements
necessary to ensure the proper drainage into, around, through, and out of the
subdivision, to ensure building sites are free from the 100 year storm event, and
emergency vehicles have access to all lots within the development, and to not
adversely impact adjacent or downstream properties. These drainage-related
improvements shall be designed and constructed to withstand the impact of the
maximum 100-year storm and be in accordance with the approved detailed
drainage report and drainage improvement plans.
These necessary improvements shall include, but not be limited to, underground
-pipes, inlets, catch basins, open drainage ditches, retention/detention, storm
sewers, bridges, culverts, low-water crossings, curb and gutter, lined channels,
and erosion protection.
11. Grading Improvements.
Grading plans shall be required for all property which is submitted for subdivision
purposes, and such plans shall be based upon the Uniform Building Code as
adopted and amended by Mohave County.
All grading in excess of 5,000 cubic yards of cut or fill, whichever is greater, or if
the Building Official, after consultation with the County Engineer, determines that
special conditions or unusual hazards exist, shall be considered Engineered
Grading. Engineered Grading shall be performed in accordance with the
provisions of the Uniform Building Code for Engineered Grading, the
recommendations of the soils and drainage report, and the approved Engineered
Grading plans and specifications.
No grading shall be performed without an approved grading plan. Any grading
performed on the proposed subdivision site prior to the approval of the
preliminary plat and improvement
plans shall be 'at the risk
of the
developer/owner' . The developer/owner may, after grading, be required to re-
grade, cut, and/or fill to satisfy the requirements of the approved plat and plans.
12. Solid \Vaste Disposal.
Subdividers shall comply with the regulations of the county and state health
departments for the disposal of solid waste.
13. Street Signs.
Street signs shall be required and installed with one street sign for each
intersection within the limits of the subdivision, showing the names of all streets
at the intersections, including the block numbers when block numbers are
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available. All street name signs shall conform to Mohave County Standards and
all street names shall be approved by the county.
5.2 Design Specifications
A. Planning.
Design of the development shall take into consideration all existing local and regional
plans for the county, its outlying communities, and incorporated areas. The design of
those elements of a subdivision involving stmctural matters, location, design, alignment,
buildings, roads, drainage provisions, water and sewage systems, and other required
improvements, except for those provided by publicly franchised utility companies, shall
be made by an engineer that is registered in the State of Arizona and qualified to specify
the standards for such design.
Except - for work performed under the terms of an Arizona Corporation Commission
approved utility, work performed by a governmental agency, or by a resident owner in
front of his own property, the designing or engineering details and the preparation of
plans and specifications for all works to be constmcted within existing or proposed public
rights-of-ways or easements, shall be done by or under the direct supervision of a
qualified engineer registered in the State of Arizona.
B. Site Analysis.
Development of the site shall be based on the site analysis. To the maximum extent
practical, subdivision design, lot layout, public and private improvements, and proposed
development in general, shall be located to preserve the natural features of the site, to
avoid degradation of areas of environmental sensitivity and to minimize negative impacts
to and alteration of natural features.
.
Be aware the Planning and Zoning Commission may not recommend approval of the
division of land as submitted if, from investigation, it has determined that said land is not
reasonably suitable for the kind of development proposed. Factors would include, but are
not limited to, flooding, fire hazards, erosion, bad drainage, terrain, inadequate
infrastructure, or design features likely to be harmful to the health, safety, and welfare
and convenience of future residents, unless corrections acceptable to the Commission and
the Board of Supervisors, as recommended by the County Engineer, are submitted by the
developer.
C. Preservation.
The following specific areas should be preserved as undeveloped open space, to the
extent consistent with the reasonable utilization of the land in the proposed subdivision as
a whole, and in accordance with applicable state or local regulations:
1. Unique and/or fragile areas, including wetlands as defined in Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, and delineated on
wetland maps pre-pared by the U.S. Fish and Wildlife Service, field verified by
on-site inspection.
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2. Lands in floodplain areas which are designated as flood ways.
3. Historically significant structures and sites, as designated by appropriate federal,
state, or local regulations.
D. Site Design.
The development shall be designed to minimize adverse affects on ground water and
aquifer recharge; to minimize cut and fill; to minimize unnecessary impervious cover; to
minimize erosion; to prevent flooding from a 100 year storm event; to provide adequate
access to lots and sites; and to reduce adverse effects of noise, odor, traffic, drainage, and
utilities on neighboring properties.
The developer shall provide coordination of roads within the subdivision with existing or
planned roadways, in conformance with the General Plan. In addition, portions of any
contiguous property owned by the developer shall not be excluded from within the
boundaries of a subdivision when it is needed or required for any traffic, drainage, flood
control, or wastewater facility pertinent to said subdivision.
All work and materials pertinent to improvements within the public rights-of-ways shall
conform to these regulations and to engineering standard specifications and details of the
county. Other methods, materials or designs and specifications may be substituted as
satisfactory alternates, subject to prior submission of structural design, laboratory test,
and/or other supporting data indicating that such substitutions and specifications are at
least equal to the standards and specifications herein contained, and included in the
Mohave County Standard Specifications and Details.
The owner or developer may formally request approval by the County Engineer for
changes in construction methods or materials when they can be determined to meet or
exceed county standards and specifications. The County Engineer may authorize such a
proposal when it can be satisfactorily demonstrated that the proposed methods or
materials meet or exceed current county standards and/or specifications.
E. Drainage.
Sufficient drainage rights-of-way or easements shall be provided to adequately
accommodate the 100-year flows entering into, passing through, and exiting from the
development. In the event that the subdivision is traversed by or is contiguous to any
. lakes, washes, streams,. or other bodies of water, the subdivider shall provide adequate
rights-of-way or easements for storm drainage, conforming substantially with the lines of
such natural water courses, channels, streams, or waterways, or provide for an acceptable
realignment of said watercourses. Adequate drainage rights-of-way or easements shall
also be provided for all drainage-related improvements or water courses necessary, to
ensure that all lots within the development are free from a 100 year storm event impact,
and that the creation of this development will not adversely impact the drainage on
upstream, adjacent, or downstream properties.
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Any significant drainage channels or water courses deemed by the County Engineer to be
necessary for public purposes, shall be designated as drainage parcels and dedicated to.
the public for drainage purposes.
All drainage channels, water courses, or drainage-related improvements shall be designed
and constructed to withstand the impact of the 100- year storm; be in accordance with the
Mohave County Flood Plain ordinance, and any requirements, amendments
or
specifications adopted thereof; and any standards and specifications adopted thereof.
All developments will provide adequate space and mechanisms to retain all on-site flows
generated by the developed condition. Detention/retention of on-site flows generated by
the proposed development will not exceed pre-developed flows impacting
the
development site.
F. Traffic Impact Analysis (TIA) and Road Signing and Striping Plan.
An estimate of the projected traffic volumes utilizing the Institute of Transportation
Engineers Trip Generation Manual, latest edition, shall be submitted by the project
Engineer of Record with the Sketch Plan. A TIA shall be required for all new
developments or additions to existing developments expected to generate 500 trips per
day. The TIA shall be performed, in accordance with the criteria set forth in the Mohave
County Traffic Impact Analysis Guidelines or any revisions thereof, by a Engineer
registered in the State of Arizona and qualified to perform such study. The TIA shall be
required to identify existing traffic conditions, forecast future development related traffic
volumes, and estimate the impact of the proposed development on existing and future
roadway systems.
The TIA shall be used as a tool for early identification of potential traffic problems such
as:
1. On-site congestion, as well as congestion on adjacent roadways.
2. Inadequate capacity to accommodate traffic entering and leaving the site during
peak hours.
3. Intersection bottlenecks.
4. UIU1ecessary high accident rates.
5. Limited flexibility to eliminate problems or adjust to changed conditions after the
fact.
As part of the final subdivision construction plans a signing and striping plan in
accordance with the Manual on Uniform Traffic Control Devices (MUTCD) shall be
submitted for review and approval by the Mohave County Traffic Safety Committee.
The plan shall show all proposed regulatory, advisory, and street signs and proposed
striping, including but not limited tostop bars, turn lane demarcation, crosswalks and
school crossings.
G. Roadways:
1. The arrangement, character, extent, grade, width, and location of all roadways
shall conform to these regulations, Mohave County Standard Speci~cations and
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BK 3684 F'G 940 FEE:::2001011067
Details, the General Plan, any adopted area plans, and any preliminary plats
approved by the Commission, pursuant to Arizona Revised Statutes.
2. The arrangement of roadways shall
provide continuation of appropriate
projections of existing roadways in surrounding areas. All roadway alignments
shall be a continuation of the aligtmlents of existing roadways in adjoining
property. In cases where straight continuations are not physically possible, such
alignments may be continued by curves.
... Roadways, whenever possible, will be arranged in relation to existing topography
-'.
to produce desirable lots of maximum utility; roads and alleys of reasonable
gradient; and to facilitate adequate drainage that will compliment natural drainage
and not impede it. Residential or local roads shall be so designed as to discourage
through traffic.
4. Each subdivision design shall provide for adequate traffic circulation that
"incorporates the adopted roadway functional classification system, to handle the
projected traffic volumes on the roads.
5. Subdivisions containing any lot less than one (1) acre shall have as a minimum
...i. one collector-classified roadway for each 80 acres that are subdivided, and one
arterial classified road for each 320 acres that are subdivided within or adjacent to
the subdivision. For subdivisions with all lots greater than one (I) acre, the
acreage shall be 160 acres or 640 acres, respectively, for collectors and arterials.
Collector-classified roadways shall be provided along all center section lines and
arterial-classified roadways shall be provided along all section lines, unless
alternate alignments are otherwise approved.
6. Adequate drainage of the subdivision public rights-of-way shall be provided by
means of structures, culverts, or by other approved means, in accordance with
these regulations. \Vhen the road right-of-way is to be used as a channel to
convey storm runoff, the following shall apply:
a. Rural roadway sections: The ten (10) year storm shall be contained within
the ditch section removed from the shoulder; the 1 DO-year storm will be
contained within the right-of-way, to not overtop the centerline of the
road.
b. Urban roadway sections: The ten (10) year storm shall be contained
within the improved roadway section; the 100-year storm contained within
the right-of-way, with a maximum flow depth of eight (8) inches.
c. Invert Crowns for urban sections: The ten (10) year storm shall
be
contained within the improved roadway section; the 100-year storm within
a maximum flow depth of one (1) foot.
d. Adequate provisions shall be made in the design of subdivisions for access
to each lot and parcel, and for access to adjoining properties.
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7. Full-width rights-of-way shall be provided for all interior and exterior roadways
and access roads from the subdivision boundary, to the nearest county-maintained -
roadway and in accordance with county standards for that classification of
roadway. If matching right-of-way is not available for interior or exterior streets,
roadways shall be designed so that full-width rights-of-way will be provided by
the developer on property owned or under their control.
8. All roadways shall be improved to the minimum widths shown on Mohave
County Standard Details No. 60 Series, and to the base course thickness as
determined through laboratory tests and Standard Details or approved equal, or
better.
9. Provisions shall be made for existing railroad and other public or private utility
crossings necessary to provide access to, or circulation within the proposed
subdivision. The developer will obtain all necessary permits from the public or
private utilities involved and any regulatory agencies having jurisdiction. The
-cost of development and maintenance of such crossings shall not be assured with
the County, but shall be by and between the developer and the effected utility or
agency.
10. In all cases, where a proposed subdivision abuts or contains an existing or
proposed arterial-classified roadway, or where a residential development abuts or
contains a collector-classified roadway, the developer shall provide non-access
easements along these roadways, or such other treatments as may be justified, for
protection of these properties from the nuisance and hazard of high volume
traffic, and to preserve the traffic function of the thoroughfare route. In addition,
a non-access easement shall be required along all federal and state highways, with
limited entrances to the main roadway in order to minimize the intersections on
the roadway and help maintain the through traffic flow. Subdivisions contained
within or adjacent to a road that is part of the county roadway system shall
provide an alignment consistent with the roadway system and shall have a right-
of-way width appropriate to its classification.
H. Cul-de-Sac Streets.
Dead-end streets are prohibited in subdivisions, except as a stub to permit future street
extension into adjoining properties or when intentionally designed as a cul-de-sac street.
In that event, a temporary turnaround shall be constructed equaling the dimensions of a
cul-de-sac bulb or hammer head when the terrain requires it. Cul-de-sac streets shall
provide aturnaround at its terminus, with a right-of-way of notless than sixty (60) feet
and an outside curb radius of fifty-five (55)feet, and the cul-de-sac shall be no longer than
800 feet from the nearest intersecting through street. Any cul-de-sac over 400 feet long
shall have a "No Through Street" or "No Outlet" or "Dead End" sign posted at the
entrance to the cul-de-sac.
1. Roadway Intersections.
1. Roadway intersections shall be designed to intersect as nearly as possible at right
angles, except where terrain or other conditions justify variations. The minimum
angle of any intersection shall be sixty degrees (600). All intersections of
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collector roads and roads of higher classifications shall be within ten degrees
(1 OO)of a ninety degree (900) angle. Property line and curb or return radii at local
roadway intersections shall not be less than twenty-five (25) feet. When the
angles of the roadway intersection is less than seventy-five degrees (750), the
radius shall not be less than thirty (30) feet, and at collector and arterial roadway
intersections shall not be less than forty-five (45) feet.
2. All roadway intersections, other than directly opposing roads or extensions of the
same roads, shall be offset a minimum of 200 feet, as measured from the center
line.
1. Alleys.
Alleys shall be provided in commercial and industrial zoned areas. This requirement may
be waived where other definite and assured provisions are made for service access, such
as off-street loading, unloading, maneuvering, turnarounds, and parking consistent with
and ade'q"uate for the uses proposed, Except where justified by special conditions, such as
the continuation of an existing alley in the same block, alleys are not required in
residential districts except where rear yards abut commercial or industrial zoning
boundaries. New alley construction shall be no less than twenty-five (25) feet in width
abutting residential boundaries, and no less than thirty (30) feet in commercial-industrial
zoned areas. Alley intersections and acute change in alignment shall be cut back at least
ten (I 0) feet along each side to permit safe vehicular movement. Half, partial width, or
dead-end alleys, shall not be permitted.
K. Street Grades.
The County Engineer may require a greater minimum grade to facilitate drainage
according to paving type or other provisions. The grades of all streets shall be kept as
low as possible; however, paved streets shall not have a grade exceeding sixteen percent
(16%) at any time or more than a twelve percent (12%) grade for greater than five
hundred (500) feet in length. Gravel streets shall not have a grade more than twelve
percent (12%) at any time.
L. Median Barriers and Planned Breaks.
Medians and breaks are an optional feature for roads, and may be provided on designated
roads, where space permits, with prior approval of the County Engineer for acceptance by
the county. Medians may be either painted or barrier type. Barrier type medians may be
one of three types:
1. Raised MedianlBarrier Curb; landscaped, paved or unimproved median area.
2. Depressed Median/Optional Curb; landscaped, paved or unimproved median area;
often used for runoff detention.
3. Safety Barrier/No Curb; integral guard rail or concrete barrier to separate traffic
flows; utilized in high-speed, high-volume locations.
Median design shall be in accordance with the Institute of Transportation Engineers,
Guidelines for Urban Major Street Design, or as adopted by Mohave County.
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Islands, obelisks, monuments with a subdivision name, Mohave County approved
advertising devices or any other structures shall not be permitted to be constructed within
the public rights-of-way or roadways without a right-of-way permit from the County
Engineer and provisions made for perpetual maintenance either by the developer, a
property owners association, individual lot owners, or as accepted by the county.
M. Roadway Improvements.
Roadways shall be constructed in accordance with the Mohave County Standard
Specifications and Details for the classification and type of roadway, as required by these
regulations.
N. Blocks.
l. General.
. The length, \vidth, and shape of blocks shall be determined with due regard to
provisions for adequate building sites; zoning requirements, as to lot area and
dimensions; limitations and opportunities of topography; and needs for
convenient access and circulation, control and safety of streets, and pedestrian
traffic. A block is any portion of a subdivision tract delineated by street rights-of-
way or by the rights-of-way and boundary of the subdivision conforming to the
requirements for length and depth.
2. Length.
Blocks shall not be more than 1,320 feet in length, except in blocks with lots
averaging 20,000 square feet or more, this maximum may be exceeded by 440
feet. The minimum block length shall be 500 feet. When fronting on collector or
higher road classifications, longer blocks shall be provided in order to reduce the
number of intersections. These blocks shall not be less than 1,320 feet in length
nor more than 2,000 feet in length. Rectangular and curvilinear-shaped block
lengths shall be measured along the back lot line. Irregular shaped block lengths
shall be measured along a straight line connecting the extreme corners of the
block.
... DepthfWidth.
-'.
Residential blocks shall normally be. of sufficient depth to accommodate two (2)
tiers of lots, except where lots border on a freeway, parkway, expressway,
drainage way, railroad right-of-way, or other similar barrier. Commercial blocks
may be single-tiered. There shall be no lots with double or triple frontage; except
a comer lot may be fronted on two sides, as outlined in these regulations.
If
terrain warrants, or a large lot such as a church or school site is planned, double or
triple frontage may be allowed.
4. Pedestrian Crosswalks.
Pedestrian crosswalks, with a right-of-way width of not less than ten (10) feet and
appropriate pavement markings, may be required along long blocks or when
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BK 3684 PG 944 FEn2001011067
determined to be necessary by the County Engineer to provide circulation or
access to schools, playgrounds, shopping centers, or other community facilities.
O. Lots.
1. Arrangement
All lot areas, widths, depths, shapes, and orientations shall be appropriate for the
location of the subdivision, for the type of development and use contemplated,
and shall conform to the requirements of these regulations.
2. Access.
All subdivision lots and parcels shall have legal access, as defined by Arizona
Revised Statutes.
3. - Lot Sizes.
The minimum lot size shall be governed by the zoning ordinances, except where
on-site sewage disposal is proposed, larger lots may be required by the Mohave
County Environmental Health Division on the basis of topography and soil
investigations.
4. Street Frontage.
All proposed residential subdivision lots shall have a minimum 25-foot frontage,
abutting on a public or private street.
5. Lot Lines.
Front lot lines should be as straight as possible. Lot lines shall be as close to a
ninety degree (900) angle to each other as possible. All lot lines should be
straight, unless otherwise dictated by terrain or another justifiable physical or
design reason.
6. Suitability.
Each lot shall contain a usable, free from a 100 year storm event, building site or
area, and be suitable for the purpose for which it is intended.
7. Parcel Remnants.
Parcel remnants which fail to meet the minimum lot size requirements for the
applicable zoning district, shall not be allowed to remain after subdividing. These
remnants shall be added to other lots or parcels in the subdivision; be deeded to
adjoining property; or be designated as parcels for public or private use. They
will not be maintained by the county.
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e.K 3684 PG 945
8. Lot Numbering.
a. If Block designation letters are not used, subdivision lot numbering shall
begin with the number "}" and all lots in the subdivision shall be
numbered sequentially until all lots have been assigned a number.
b. When Block designations are used, numbering shall be in consecutive
sequence within each Block area commencing with the number "1" for
each different Block.
c. Numbering sequences may follow in continuity from one tract to another
when lying contiguous to one another; or when separate or contiguous,
if
the same name is used for successive tracts.
d. Parcels shall be designated by capital letters and be designated in sequence
within a tract starting with the letter "A."
e. Lot numbers shall be consecutive along the street line for each block.
9. Lot Width and Depth.
a. Lot depth shall mean the horizontal length of a straight line connecting
the
bisecting points of the front and rear lot lines.
For lots with more than
four (4) sides, the sides contiguous to the front lot line shall be the
side lot
lines, and a line connecting the centers of the remaining lot lines shall
be
used to measure lot depth.
b. Each lot shall have a minimum width at the front lot line of twenty-five
(25) feet for residential lots, thirty (30) feet for commercial lots,
and forty
(40) feet for industrial lots, measured in a straight line between the
front
yard lot comers. No lot shall be less than eighty (80) feet in depth for
residential lots, and 100 feet for lots used for mobile homes and for
commercial-industrial purposes.
c. No lot shall be designed with a depth to width ratio greater than three
to
one (3: 1) for the usable area; except for lots located on a knuckle or
the
end of a cul-de-sac, which may have a four to one (4:1) ratio.
10. Corner Lots.
All comer lots in subdivisions with lots whose average lot size is less than 10,000
square feet, shall be at least ten (10) feet wider than the lots within the block in
which it is located. This is to provide the corner lot with the same buildable and
usable area as an interior lot. .
Q. Easements and Utilities.
1. Except as otherwise provided by these regulations, public utilities (water, sewer,
electric, gas, telephone, cable, transmission lines, etc.) shall be placed in road
rights-of-way. Public utilities may be located in other specified public
utility
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easements if agreed upon in a written arrangement between the utility and the
developer. If such an agreement is made, a copy of the executed agreement
between the utility and the developer shall be submitted to the Planning Director
with the initial submittal of the Final Plat and improvements documents.
2. Where existing or proposed public utilities conflict with a proposed subdivision
design, it shall be the developer's or owner's responsibility to provide for the
installation, relocation, or removal of such utility or otherwise resolve the conflict.
R. Monuments.
Monuments shall be installed in a reasonable manner, in accordance with Mohave
County Standard Specifications and Details, at all street right-of-way lines, tract, lot, and
subdivision corners, angle points, and points of curvature or tangency, and at all street
intersections. Where new streets intersect existing streets, monuments shall be placed on
the centerline intersection point of the new street and the existing street.
After the streets are improved, centerline survey monuments will be required to be
installed at all street intersections, angle points, and at the point of curvature and point of
tangency of all curves. On all roadways, survey monuments described in Mohave
County Standard Specifications shall be used.
Survey monuments shall conform to these regulations and to the Mohave County
Standard Specifications and shall be furnished and caused to be set by the developer at
locations herein specified and as shown on approved plans.
5.3 'Vater Improvements
A. Adequacy
The developer shall submit plans for the provision of an adequate subdivision
potable water supply where required, regardless of lot sizes, to the Arizona
Department of Water Resources or equivalent agency, in accordance with Arizona
Revised Statutes ~ 45-108.
A report from the ADWR or equivalent agency on the adequacy of the water
supply for the subdivision shall be submitted with the preliminary plat under the
following conditions:
1. Any subdivision proposed either partially or fully within an Urban or
Suburban Development Area, as designated by the General Plan, must
obtain a written determination of water adequacy from the ADWR
affirming an adequate potable water supply to serve all lots and parcels
from an assured 100 year supply, before the plat shall be recorded.
2. Subdivisions with lots less than five (5) acres proposed in Rural
Development Areas shall obtain a written determination of water
adequacy from the ADWR affirming an adequate potable water supply to
serve all lots and parcels from an assured 100 year supply. Any
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subdivision with lots greater than five (5) acres shall obtain a written
determination of water adequacy or inadequacy from the
ADWR
concerning the availability of a potable water supply, before the plat
shall
be recorded.
B. Water System Design and Capacity
1. All subdivisions required to provide an assured potable water supply shall
provide improvement plans for that system describing the water line
system design, line sizes and types and associated hardware and their
locations, including
valves, thrust blocks, fire-hydrants, back-flow
prevention valves, sewage line cross-overs, meter locations, stubs, and
all
other elements of the system design and equipment.
Show profiles of
typical arrangements according to MAG Standards.
2. All subdivisions providing an assured potable water supply shall provide
evidence verifying that adequate water supplies shall be delivered to
each
lot in quantities and pressures to support required fire flows and potable
supplies to lateral service stubs for each lot.
e. VVaterlnadequacy
Subdivisions proposed to be developed within a Rural Development Area, as
designated by the General Plan, that receive an ADWR determination of water
inadequacy may continue processing. However, for those subdivisions,
a
statement disclosing the determination of water inadequacy shall be placed on all
final plats submitted for approval.
5.4 Utilities
'Nhen one or more utilities, such as electricity, telephone, other communications, street
lighting, or cable television lines are to be provided by the developer, they must be
provided in accordance with the specifications of these regulations, conditions of any
franchise agreement, and in accordance with the Arizona Corporation Commission
regulations. The developer is responsible for cooperating with the servicing agencies for
the installation of such utilities.
.5.5 Exceptions for Existing Improvements
If the proposed subdivision is a re-subdivision, or is in an area with any or all required
improvements as detennined by the regulations, and are in good condition as determined
by the County Engineer, no further provision need be made by the applicant to duplicate
such improvements. If the existing improvements do not meet said requirements, the
applicant shall provide for the correction, repair, or replacement of such improvements,
so that all improvements will meet the requirements of these regulations and as specified
by the County Engineer.
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5.6 Coordination of Subdivision Improvements with the General Plan and Growing
Smarter Plus state legislation.
These regulations promote the goals and objectives of the current Mohave County
General Plan, and A.R.S. SS 11-806, et.seq. (Growing Smarter Plus), and require
subdivisions at a minimum to provide improvements to implement those goals and
objectives and those of any relevant accompanying area plan. If discrepancies exist
between the General Plan, area plans, and these regulations, the greater standard shall
apply and subdivision applicants shall provide the higher standard improvement
requirement.
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BK 3684 PG 949 .fEE~2001011067
.",
6.1 Intent
Subdivision by Condominium shall be related to the general development pattern for single-
family dwellings in the county, according to the General Plan, in order to: Provide for the
comfort and cp.nvenience of unit owners; facilitate the protection of desirable neighborhood
character; help reduce traffic congestion; and relate physically within its locale. Condominiums
shall conform to the requirements of Arizona Revised Statutes ~33-120 I, et seq. and these
regulations.
6.2 Applicability of Subdivision Regulations
All other subdivision regulations herein are applicable to condominium projects where they are
not specifically replaced by this Chapter, or Arizona Revised Statutes.
6.3 Permitted Land Uses
A. Condominium units for Single-Family Residential housing.
1- The minimum residential condominium unit size shall be 800 square feet.
2. The minimum overall development parcel size shall be 20,000 square feet.
3. The overall development parcel size shall be large enough to accommodate the
dwelling, required parking, driveways, ingress and egress points, turnaround and
maneuvering areas, any common or limited common elements or areas, utilities
and equipment, recreation
area, required refuse collection areas, setback
requirements, storage areas, internal roads, cul-de-sacs and bulb turn-arounds,
lighting, walls, clubhouses, landscaping, sidewalks, accessory uses, and other
related functionS. .
B. Commercial (uses) condominiums may be developed on commercially zoned parcels
only.
1- The minimum commercial condominium unit size shall be 500 square feet, or the
minimum required size to accommodate the Uniform Building Code requirements
for fire safety, required sprinklers, restroom facilities, ADA requirements, and
other requirements as determined.
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BK 3684 PG 950 FEE~2001011067
2. The overall development parcel size shall accommodate those items described in
6.3. A.3, above, but shall be no smaller than one (1) acre.
C. Any proposed unit that is smaller than the minimum unit sizes required for commercial or
residential condominium projects shall be required to submit a commercial site plan on
an individual parcel, or to submit a non-residential subdivision plat in the case of six (6)
or more lots, instead of a condominium project.
6.4 Definitions
Definitions shall be those listed in A.R.S. S 33-1201, et seq.
6.5 Filing of Applications
Subdivision of airspace application procedures and the approval process shall be according to the
following:
A. For the purposes of this Chapter for residential condominiums, the word "lot" and
"dwelling unit" have the same meaning.
B. All plats shall be signed and sealed by a professional engineer and, if required, a
surveyor, registered in the State of Arizona.
C. All legal documents required by A.R.S. S 33-1201, et seq., are the sole responsibility of
the applicant and applicant's attorney, and shall be completed and acceptable accordirig
to state law, and shall be submitted with the condominium application before any
condominium application is processed by the county.
D. The applicant and the applicant's attorney shall also submit a signed, notarized statement
certifying that the submitted plat and accompanying required documents conform to the
provisions of Arizona Revised Statutes. No plat shall be scheduled for a public hearing
by the Commission or Board until this requirement has been met.
6.6 Submittal Requirements
A pre-application meeting shall be held, and an agreement between the county and the applicant
- shall be made, according to Chapter 3.7, pre-application meeting requirements. Once the
agreement has been signed by both parties, the applicant may submit the condominium plat and
all legal documents.
The Plat shall be submitted as a Preliminary Plat according to Chapter 3.1 0 of these regulations,
and as a Final Plat according to the requirements of Chapter 3.11 of these regulations, and shall
contain those plat elements required by A.R.S. S 33-1201, et seq., which are not a duplication of
Chapter 3.10 and 3.11 requirements. In addition, the plat shall contain or conform to the
requirements of the following:
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BK 3684 PG 951 FEE~2001011067
A. A narrative description, as described in Chapter 3.10, and including the following:
1. A list of Declarant's names, addresses, and telephone numbers.
2. A provision that an individual owner of a condominium unit cannot avoid liability
for his prorated share of the expenses for all perpetually-maintained roads and
facilities, except as provided by law.
3. A statement describing how the development and perpetual maintenance of
common or limited common elements shall be accomplished, through
enforcement of the property owners association bylaws, declaration, special
Declarant rights, development rights, or other operating and enforcement
documents, and the manner in which those common or limited common elements
will be developed and perpetually maintained if the property association fails to
do so.
B. Preliminary Plat Content.
In addition to requirements of Chapters 3, including any phasing not in conflict with
these requirements, the following shall be included on the plat:
1. The Plat Requirements of ARS ~33-1201, et seq.
2. The scale of maps, plans, and drawings shall be no less than fifty (50) feet to the
inch where airspaces are included, or not less than one hundred (100) feet to the
inch otherwise.
3. Phasing of projects, if any.
C. Information provided by the developer (Declarants):
1. A copy of the signed declaration written, according to ARS ~33-1201, et seq., for
recording.
2. A copy of the signed Articles of Incorporation and bylaws of an association of the
unit owners and Declarants formed for the management of the project, perpetual
maintenance, and upkeep of all common and limited common elements, and other
requirements of state law.
3. A signed copy of any development rights based on the declaration.
4. A description of all common elements to be apportioned among the units and the
calculation methods used to determine the apportioned fees and charges to each
unit for the use, maintenance, repair, replacement, and modification of common
elements, including the imposition of reasonable charges for assessments. All
limited common elements, allocation, and reallocation methods shall also be
shown.
5. the nature and location of any common open space and the means to guarantee
its continuity and perpetual maintenance through the association. All
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BK 3684 PG 952 FEE~2001011067
improvements, as detailed on the public report to the Arizona Department of Real
Estate, shall be perpetually maintained throughout the life of the project by and
through the property owners association, at no cost to Mohave County.
6. The location and purpose of all non-residential structures, where proposed, such
as community buildings or other facilities.
D. In addition to the preliminary plat requirements, the plans shall include the following:
1. Indicate the manner in which the project will relate to or be joined to adjacent
areas or existing structures.
2. Show typical building footprints for each different type of dwelling unit proposed,
including the dimensions of the footprint, the height, and number of stories.
3. Include an electrical plan for outdoor lighting, parking, pedestrian ways, signs,
-fountains, pools, or other electrical-operated apparatuses with the preliminary plat
submittal.
4. Show the location of parking areas, ingress and egress, maneuvering and backup
areas; Americans with
Disabilities Act requirements; paving profiles
or
descriptions for all hard surfaces for parking, access ways, aisles, walkways,
pedestrian circulation, ingress and egress, and entrance ways.
5. Show the general traffic circulation within the site and onto public and private
streets, including pedestrian and vehicular access points.
6. Show pedestrian circulation features and walkways.
7. Locate anyon-site, commonly owned open space uses, such as swimming pools,
recreational facilities, community buildings, guest parking, RV storage, or other
ancillary structures and facilities.
8. Detail landscaping features.
E. Submit a drainage report, as required by Chapter 3.10, that also includes a description of
the physical condition of the property,
including any unusual soil conditions,
groundwater levels, general drainage features, topography, location and character of any
surface water and areas subject to flooding, or any other information to help determine
the suitability of the property for development to protect persons, structures, or other
properties from possible flooding, erosion, subsidence or slipping from the soil, or other
potential dangers.
F. Submit geotechnical or other reports, as necessary, according to requirements of the
County Engineer.
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6.7 Required Improvements
Improvements shall be designed, furnished, and installed by the developer according to the
following requirements. Financial guarantees sufficient in an amount to cover the estimated full
costs of installation of all proposed improvements shall be provided in accordance with Chapter
4, Assurances.
A. Improvements required by Chapter 5 of these regulations, not in conflict with A.R.S. S
33-1201, et seq.
B. Utilities.
1. All residential dwelling condominium projects and units therein shall connect to
an ADEQ or equivalent agency approved potable water supply and sanitary sewer
treatment system to each unit, and each project shall provide electric and
telephone service to each unit as a minimum. Services and utilities for non-
- residential condominium applications shall be determined on an individual basis
based on intended human uses.
2. All on-site service lines shall be placed underground.
3. Utilities shall be installed to minimize utility facilities within the project. Utilities
shall be provided from common points.
4. Fire hydrants, conforming to the fire district or State Fire Marshall's Office, shall
be located in the public rights-of-way, or near the entry to private vehicle access
ways where practicable.
C. Lighting.
Safety lighting shall be provided on private vehicle access ways at all intersections, and
at least every four hundred (400) feet along private roads, and on pedestrian walkways
and facilities connecting thereto.
D. Private Roads/Private Vehicular Access ways:
1. The maximum overall length of any dead-end private road leading to an airspace
project, not including driveways or parking areas, shall be six hundred (600) feet.
2. The improved width of all private residential roads shall not be less than twenty-
four (24) feet wide.
3. All private vehicular access and interior roads to the project shall be paved with
asphaltic concrete, or better, and constructed to Mohave County Standards and
Specifications.
4. A minimum radius of forty-five (45) feet is required for turnaround facilities on
site.
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fEEnOO1011067
BK 3684 PG 9')4
5. An adequate cul-de-sac, hammer head or bulb turnaround, with a minimum of
sixty (60) feet radius, shall be provided at the end of all public or private roads for
emergency vehicle maneuvering access.
6. A public utility easement (PUE) shall be established under the entire private road
right-ofMway. Drainage easements (DE's), determined by the County Engineer,
shall be dedicated to the public or maintained completely and perpetually by
entities other than Mohave County.
7. Initial development backfill of all trenches in private roads shall meet Mohave
County Standard Specifications.
E. Condominium Driveways, Parking Areas, and Other for Public or Private Road Access.
1. Driveway widths and spacing frontage on public or private roads:
a. Residential
1) Condominium driveways shall be a
minimum of twelve (12) feet
wide for residential access and
a maximum oftwenty-four (24) feet
wide.
2) There shall be a minimum spacing
of thirty (30) feet between
separate residential driveway ingresses
and egresses.
3) Standard residential parking spaces
may be accessed from minor
residential roads, and may be adjoined
side by side, offMroad.
Standard residential parking spaces
may not be accessed from a
public collector road or higher
county road classification.
4) The
County Engineer may adjust these widths
based on
circumstances of the development.
b. Commercial Uses
1) Commercial use condominium driveway
ingresses and egresses
shall have a minimum width of twenty-four
(24) feet and a
maximum width of forty (40) feet.
2) There shall be a minimum spacing
of forty (40) feet between
separate commercial ingresses and
egresses.
3) Commercial parking spaces may not
be directly accessed from any
public road.
4) The
County Engineer may adjust these widths
based on
circumstances of the development.
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BK 3684 PG 955 FEE~2001011067
2. All driveways, maneuvering areas, backup areas, parking areas, aisles, walkways,
ingresses and egresses, access ways, and entrances shall be paved with asphaltic
concrete or concrete.
6.8 Final Plats
Final plat submittals, approvals, ownership and recording requirements and other requirements
shall be according to Chapter 3.11, Final Plats, of these regulations.
6.9 Conversion to Condominiums; Alterations; Subdivision of Units
Condominium conversion projects shall comply with the following, in addition to all other
requirements of this Chapter:
A. All existing units proposed for conversion to condominiums shall be subject to a pre-
conversion inspection and a post-conversion inspection, performed by Mohave County,
to ensure compliance with all current codes and regulations. The developer shall agree to
provide required permanent access to all buildings and structures and shall pay an
inspection fee, according to the Building Inspection Division fee requirements.
B. All existing buildings shall comply with all codes, ordinances, and regulations in force at
the time of conversion.
C. All existing developments proposed for conversion to condominiums shall meet all
requirements and standards as set forth in these regulations.
D. Alterations, subdivision of units, or other exercise of development rights in the
declaration, shall be according to A.R.S. SS 33-1201, et seq.
Americans with Disabilities Act requirements may be waived by the Chief Building Official,
according to stipulations contained in the Uniform Building Code allowing such authority.
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2001011067
BK 3684 PG 956
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7.00 Minor Land Divisions
A. Purpose.
To ensure that minor land divisions comply with the minimum applicable zoning
regulations, have legal access and do not create a subdivision. Certain basic
improvements and design standards may be necessary and desirable in order to ensure
proper development of an area experiencing an increase in density. These provisions are
necessary to prevent circumventing the intent and spirit of these Subdivision Regulations
and to ensure responsible development. This section establishes two routes for review.
Which route each proposal would follow is determined by whether or not the proposal
includes a rezone that allows an increase in land use intensity or density.
B. Applicability.
The provisions of this section shall apply to the division of any land, lot, or parcel for the
purpose of sale or lease, whether immediate or in the future, into: Five (5) or fewer lots,
parcels, or fractional interests; anyone (1) or more of which is less than thirty-six (36)
acres. "Sale" or "lease" includes every disposition, transfer, or offer or attempt to
dispose of or transfer land or an interest or estate thereof. "Fractional interest" means an
undivided interest in land, lots, or parcels, in which, for the purpose of sale or lease, such
interest is created and is evidenced by receipt, certificate, deed, or other document
conveying such interest.
Two routes are provided in this section:
1. Proposals which do not require or do not propose a change in the zoning
classification or rezone may apply using the ministerial review process described
in Chapter 7.C, below.
2. Proposals which require or propose a change in zoning classification or rezone,
shall apply using the parcel plat process, as described in Chapter 7.D.
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PAGE 134 Of 174 FEE~200101106 7
BK 3684 PG 957
C. Ministerial Review.
1. Any minor land divisions that do not require or do not propose a change in zoning
may comply with the provisions of this subsection. .
2. Permit Application.
a. Any person dividing land in Mohave County into five (5) or fewer lots,
parcels, or fractional interests, anyone or more of which are less than
thirty-six (36) acres and that does not involve or require a change in
zoning, shall submit an application for a minor land division to the Public
Works Department. The application shall include the following:
1) A parcel plat conforming to Article
7.E of these regulations.
2) A completed application on a form
provided by the Public Works
Department.
3) Processing fee according to Chapter
8 of these regulations.
b. The applicant shall submit four copies of the plan and documents.
c. Minimum lot size for lots will be determined by existing zoning, including
Environmental Health Division requirements for septic and leach system
and water supply.
3. Action by the County Surveyor
The County Surveyor shall review the presented information and shall, in writing,
within 30 days, make a detennination.
4. Denial by the Planning and Zoning Director
The Planning and Zoning Director may withhold approval if the land division
would result in a subdivision as defined in A.R.S ~ 32-2101. The Planning
Director may also withhold approval if the land division is not in compliance with
minimum county zoning requirements as defined in A.R.S. S 11-809(G)(2) or
lacks legal access and those deficiencies are not noticed on the parcel plat or any
deeds conveying divided lots.
5. Notice by the County Surveyor
The County Surveyor shall infonn the applicant in writing of the following:
a. Whether the parcels resulting from the land division are in compliance
with the minimum applicable county zoning requirements.
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Of 174
BK 3634 PG 953 fE
E~2001011067
b. Whether the parcels resulting from the land division appear to have public
right of vehicular ingress and egress in accordance with A.R.S. S 11-
809(D)(1)
For the purpose of this section, legal access is a permanent ingress and
egress easement or dedicated right-of-way which runs with the land and
provides vehicular access between the lots, parcels, or fractional interests
being created.
Easements granted, or rights-of-way dedicated to provide legal access to
lots or parcels created by the minor land division, shall meet the following
standards:
1) For all minor land divisions granted easements or dedicated rights-
of-way shall be a minimum of twenty-four (24) feet in width,
whether located entirely on one property or split between adjoining
properties.
2) Legal access does not include such rights-of-way provided only by
means of recorded or unrecorded contracts of sale, nor rights-of-
passage where access is required over the property of others.
6. Review Period
If verification of the zoning, access, and subdivision status is not completed
within thirty (30) calendar days of receipt of the request, the land division shall be
deemed approved.
7. Prohibited Action by the County
a. The County may not deny approval of any land division that meets the
requirements of ARS ~ 11-809 or where noncompliance with minimum
zoning regulations or legal access have been noticed in the deed.
b. The County may not require a public hearing on a request to divide five
(5) or fewer lots, parcels, or fractional interests, which do not require a
rezone action.
8. Notice on the Deed
If legal access is not available, the legal access does not provide access by
emergency vehicles, or the county zoning requirements are not met, the access
and/or zoning deficiencies shall be noticed on the deed.
9. Appeals
If the County Surveyor or the Planning and Zoning Director denies approval of
the minor land division, the owner or agent may appeal the decision to the'
Planning and Zoning COInmission. If the Planning and Zoning Commission
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e.K 3684 F'G 959
denies the approval of the minor land division, the owner or agent may appeal the
decision to the Board of Supervisors. Deadlines for action contained
in this
section do not apply to appeals. The appeal shall be placed on the agenda for the
next regular meeting of the Commission or the Board.
10. 'Waivers
a. Purpose and Authority
The purpose of this section is to grant authority to the Director of Planning
and Zoning to take action on requests for minor waiver(s) to the zoning
requirements. This authority
applies to the consideration of minor land
divisions only.
b. Permitted Waivers
The Director of Planning and Zoning may approve waivers to allow the
creation of a lot that is not more than .03 of an acre or one percent
(1 %),
whichever is greater, below the required minimum lot size. This waiver
shall apply only to areas that are zoned for a minimum lot size of one
(1)
acre or more. The approval of Environmental Health is required prior to
the granting of this waiver.
c. Application
An application for a waiver must be filed with the Planning Director on
a
form prescribed by the Director. The application must be accompanied by
the following:
1) Name and address of the applicant.
2) Address and legal description of
the property.
3) Statement of the precise nature
of the waiver being requested.
d. Findings
In approving a waiver request, the Planning Director shall make a finding
that the request complies with Chapter 7.C.9.b.
e. Appeals'
If the Planning Director denies a request for a waiver, the applicant
may
apply for an appeal before the Board of Supervisors. Deadlines for action
contained in this section do not apply to appeals.
The appeal shall be
placed on the agenda for the next regular meeting of the Board.
D. Parcel Plat Required with a Rezone.
1. Parcel plat: The Board of Supervisors, after receiving a recommendation from the .
Planning and Zoning Commission, may require as a condition for changing the
128
f'AGE 1.37
OF 174 FEEni)01011067
BK 3684 f'G 960
zone to allow a smaller lot size or more lots for the purpose of minor land
division, a parcel plat complying with these regulations.
2. Pre-application Conference: Before proceeding with any division of land or the
preparation of a parcel plat, the owner or his agent should meet with the County
Surveyor or stafffor an informal discussion on the proposed land division.
3. Parcel Plat Submission Requirements: Upon approval of the rezone by the Board
of Supervisors, a parcel plat conforming to Chapter 7.E may be prepared and five
prints submitted to the Public Works Department. The County Surveyor, or
designate, shall review the parcel plat, as it relates to the following:
a. Provision for Utility Easements.
b. The applicable requirements of these Regulations, and any other BOS
requirements.
c. Zoning Requirements.
d. Provisions for access to each parcel.
e. Minimum usable lot requirements.
A copy of the parcel plat shall be submitted by the County Surveyor to the
Planning and Zoning Department, Cartography Department, and other agencies as
determined by the County Surveyor, for evaluation and recommendation.
Interested agencies shall have a maximum of twenty calendar (20) days from the
date the application is deemed complete by the County Surveyor, to submit their
report. No reply by an agency shall be interpreted as having no objections.
4. Determination by the County Surveyor: Within a period of time, from submittal
of the parcel plat, the County Surveyor shall review the reports submitted by other
departments and shall determine whether or not the parcel plat meets the
requirements of these regulations and make specific recommendations, where it is
deemed necessary, in writing, to be incorporated by the owner on a revised parcel
plat. Upon written approval from the County Surveyor, the tracings and
appropriate recording fee(s) shall be submitted to the County Surveyor.
5. If the County Surveyor does not approve the parcel plat for recordation, the owner
or their agent may appeal the decision to the Planning and Zoning Commission.
Should the Planning and Zoning Commission also disapprove the parcel plat, the
owner or their ~gent may appeal the decision to the Board of Supervisors.
6. Upon approval and certification that all parcels have been surveyed and
monumented, the County Surveyor shall have the Parcel Plat recorded. If a
dedication is included, the Clerk of the Board of Supervisors shall acknowledge
the plat, after the dedication is accepted by the Board of Supervisors.
7. Recordation of documents: The approved parcel plat shall be recorded with the
Mohave County Recorder's Office.
E. Specifications for Parcel Plats.
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fEE~2001011067
BK 3624 PG 961
1. Parcel plats shall be prepared in accordance with Chapter 7.15 of the Subdivision
Regulations and the following:
a. The parcel plat shall be a map, legibly drawn with black India ink, printed
or reproduced by a process guaranteeing a pennanent record in black ink,
on mylar, in a size of IS x 24 inches. A one-half (~) inch blank margin
shall be left at all edges of the map, except that the left, IS-inch side shall
have a two (2) inch margin for binding purposes. Five prints of the plat.
shall be submitted to the County Surveyor for checking purposes. Do not
send originals until requested by the County Surveyor.
b. Parcel plats will not be recorded until all conditions of approval have been
met and all parcels have been staked.
c. Field surveys are not advised until after conditional approval of the land
division is received from the Public Works Department. Allowable field
survey error of closure is on one (1) foot in 10,000 feet, or plus or minus
0.03 foot, whichever is greater.
2. Parcel plats shall show:
a. A description of monuments found, set, reset, replaced, or removed in
surveying the parcels. The description should include the kind, size, and
locations, and other pertinent data.
b. Ties to witness monuments and/or adjoining lots or parcels basis of
bearings, bearing and length of lines, North indicator, scale of plat, date or
period or survey, existing property lines, areas involved, and owner of the
property being divided.
c. Names and legal designation of the original lot or parcel in which survey
is located. If the parcels are to be sold under a common name, the name
shall appear on the plat as "Parcel Plat of "
d. The owner's name, address, telephone number and FAX number, if any.
e. Name, address, telephone number, and FAX, if any, of the person who
prepared the plat.
f. The proposed method of sewage disposal and source of water supply for
each parcel.
g. All existing roadways, utilities, easements, and dedications within or
contiguous to the area being surveyed and their names, if any, shall be
shown on the plat. Items listed above, if of record, shall be so referenced.
h., Each parcel shall be numbered or designated in some logical manner.
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PAGE 139 OF 174 FEE~2001011067
e.K 3684 f'G 962
1. The land being divided shall be indicated by a triple-wide (heavy) border.
J. Dedications may be made by a parcel plat. Certificates required are as
defined in this subsection. All existing dedications or easements within or
adjacent to the area being surveyed and their names, if any, shall be shown
on the plat. Items listed above, if of record, shall be so referenced.
k. Offers of dedication or granting of easements shall be identified and
dimensioned.
1. Proof of ownership, if a dedication is included on the plat.
m. Notes required:
1) Basis of bearings
2) (R) = Record information (if more than one, so indicate)
3) (M) = Measured distance or bearing
4) Symbol to indicate monuments set (give type and size)
Symbol(s) to indicate monuments found (give type, size, and cite
the reference as appropriate)
n. Any other data necessary for the interpretation of the various items and
location of the points, lines, and areas shown.
o. A statement of the flood zone designation according to FEMAlFIRM
maps.
p. Certificates which shall appear on the plat are as follows:
1) Surveyor's Certificate:
This map has
been examined for conformance with the
requirements of Chapter 7 of the Mohave County Subdivision
Regulations and complies with the requirements contained therein.
The parcels shown hereon have/do not have (choose one) legal
access.
Signature, Date, Registration No., Seal
2) County Surveyor's, or County Engineer's Certificate:
COUNTY ENGINEER, OR COUNTY SURVEYOR:
This map has been examined this _ day of , _, for
conformance with the requirements of Chapter 7 of the Mohave
County Subdivision Regulations.
County Surveyor, or County Engineer, County of Mohave,
Arizona
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PAGE 140 OF 174
BK 3684 PG 963 FEEnOO1011067
3) Recorder's Certificate:
Filed and Recorded at
the Request of
of
on (date ) ,
in Book_ of Parcel Plats, Page , Records of Mohave
County, Arizona.
By
Deputy Recorder Recorder
Reception No.
4) Planning and Zoning Director's Certificate:
This map has been examined this _ day of , ,
for conformance with the requirements of the Mohave County
Zoning Ordinance. The parcels hereon conform/do not conform
(choose one) to the minimum zoning requirements. The land
division shown hereon constitutes/does not constitute (choose one)
a subdivision.
Planning Director
Date
5) If a dedication of roadway or utility right-of-way is included on the
plat, a dedication acknowledgment and acceptance similar to the
following should be included on the plat:
KNOW ALL MEN BY
THESE PRESENTS: that
(is / are) the owner(s) of the land included
within the plat shown hereon, that (II we) (am / are) the only
person(s) whose consent is necessary to pass clear title to said land
and (I / we) hereby consent to the making and recording of said
plat. (1 / we) hereby dedicate to the public for use as such, and
(public roadways, public utility easement) as shown on said plat,
and included in the above- described premises:
IN WITNESS WHEREOF, this dedication is executed this
day of ,
NOTARY ACKNO\VLEDGMENT:
State of )
)5S.
County of )
This dedication was acknowledged before me, the undersigned
officer, by
this day of
,
132
PAGE 141 OF 174-
BK 3684- PG 964 FEE~2001011067
(seal)
Notary Public
My Commission Expires:
6) Acceptance by the Board of Supervisors:
ACCEPTANCE:
I,
Clerk of the Board of Supervisors
of Mohave County, hereby certify that said Board on the
day of , , accepted on behalf of
the
public the foregoing, described parcel of real property offered for
dedication for public use, in conformity with the terms of the offer
of dedication.
(seal)
Clerk, Board of Supervisors, Mohave County
F. Conspiracy to Subdivide.
It shall be unlawful for a person or group of persons acting in concert to attempt to avoid
the provisions of these regulations or the subdivision laws of the State of Arizona, to
divide a parcel of land into six (6) or more lots, or sell or lease six (6) or more lots, by
using a series of owners or conveyances. This prohibition may be enforced by the
County Attorney's Office or the Arizona Department of Real Estate, or both, pursuant to
ARS Title 32, Chapter 20.
133
PAGE 142 OF 174
BK 3684 PG 965 FEH2001011067
Sketch $1,000 (flexible zoning projects only)
Preliminary Plat $10 per acre plus $10 per lot
Final Plat $10 per acre plus $10 per lot
*Fees are assessed for the first three (3) reviews of a preliminary or final plat.
S500 will be assessed for every review thereafter. Fees shall be paid before revie'w
commences.
A maximum of $30,000 will be assessed for subdivision review of any individual subdivision
tract until it reaches recordation.
A minimum fee of $1 ,500 will be assessed to review a preliminary or final plat or phase thereof.
The Planning Director shall have the option to waive a review fee after the 3rd review based upon
a reasonable circumstance or an action out of control of the developer, e.g.: a review initiated by
an action of the County; inconsequential minor revisions or corrections to a plat or related
reports; lack of timely reception of some outside agency comments or requirements and similar
issues that in the opinion of the Director do not warrant an additional charged review.
Master Concept Plan Review: $3 per acre
(Chapter 3.12)
*Short Plat Review: 50% of preliminary plat + final plat fees
(Chapter 3.14) for first three reviews. $500 per review thereafter.
134
PAGE 143 OF 174
BK 3684 PG 966 FEE:::2001011067
* FasTrak Review: 150% of preliminary plat + final plat fees; (includes
(Chapter 3.13) all reviews for six months from initial start date.
Reviews after six months from initial start date will
be charged at normal review rates.)
* Amendment to Final Plat (re-plat) 50% of final plat fees.
Amendment to Subdivision Regulations: $750, plus advertising and mailing charges for
Commission and Board public hearings.
Amendment to Preliminary Plat after: $1,200
Board approval
*plus other required fees, as necessary (rezone, abandonment, etc.)
135
.
PAGE 144 OF 174
.
BK 3684 PG 967 FEE~2001011067
..! (
EXHIBIT A
Bond Number:
. Premium Amount:
Renewal Date(s):
PERFORMANCE BOND FOR
SUBDIVISION IMPROVEMENTS FOR
MOHAVE COUNTY, ARIZONA
" The Principal, Name of Principal ' alan
and Surety, titate or rormatJon
Type 01 E:ntJty Name 01 Surety
a
corporation existing under the laws of the State of , and licensed to do
business in the state of Arizona, as Surety, are bound to Mohave Cou"nty, a body politic and
corporate of the State of Arizona ("hereinafter referred to as Mohave County"),' in the sum of
Dollars ($ ),
the payment of which shall be made to Mohave County in the event of default by the Principal of
the Obligations. described herein.
OBLIGATIONS:
Jhe fcurftose of this Bond is to assure the timely completion of all Subdivision Improvements
reqUired or he , Mohave County,
. Name or ::lubd,Vlslon .
Arizona, ("Subdivision") as set forth in the Cost Estimate of the Project Engineer and approved
by the Mohave County Engineer. The Subdivision Improvements are described in Exhibit "A"
attached hereto and incorporated herein by refere~ce.1
This Obligation is to assure the Principal completes the Subdivision Improvements within the
time specified by Mohave COUflty to the satisfaction of the Mohave County Engineer and the Board
of Supervisors ("80S"). All Subdivision ImproveJTIents shall be completed in accordance with all
Federal, State, and Mohave County laws. statutes, ordinances. regulations, and rules ("Laws").
This Obligation shall remain in full force and effect until the Subdivision Improvements are fully
and properly completed in compliance with applicable Laws, unless this Obligation is earlier
released in writing by Mohave County. Upon the completion of the Subdivision Improvements, the
Principal's Project Engineer shall furnish the Mohave County Engineer with one (1) set of sealed
prints and one (1) reproducible set of" As.Builr drawings. The sealed prints shall be marked "As-
Built" and shall bear a certification of the Project engineer that the work was completed in
accordance with the approved plans, specifications, and details, and have complied with all Laws.
. The Project Engineer shall also furnish the Mohave County Engineer with all required inspection
reports, testing results, and any required approvals or certifications of construction or conditions.
Prior to termination of the Obligation, the Project Engineer's certification must be acknowledged
and approved by the Mohave County Engineer and the Subdivision Improvements accepted by the
80S as completed. Thereupon, the BOS will formally release the Obligation.
1Attach a signed and sealed itemized Engineer's Cost Estimate as approved by the
Mohave County Engineer.'
DESCRIPTION OF PROJECT WORK AND TIME FOR COMPLETION:
The Project Engineer's Itemized Cost Estimate for the Mohave County, Arizona. Subdivision
known as I which is approved by the
Mohave County Engineer is attached hereto as Exhibit "A" and incorporated by this reference.
which. together with the approved Preliminary Plan, the approved final Subdivision Plat and any
conditions set by the BOS shall constitute the Project Work, and time(s) for performance. unless
such time(s) is/are extended by approval of Mohave County. These items define the scope of
Project Work for the completion of the Subdivision Improvements, all of which are guaranteed by
this Bond.
The Principal, Surety, and Underwriter agree to immediately provide written notice to Mohave
County of any claims on this Bond. and shall immediately. in writing, notify Mohave County of any
nonpayment of premium or other occurrence wnich could jeopardize the integrity or continuation
of this Bond.
AGREEMENT FOR PAYMENT:
In the event of any default or breach of this agreement by the Principal or Surety, the Principal
and Surety agree that within thirty (30) days receipt of written notice of default or breach. the Surety
shall pay to Mohave County all amounts required to complete the Project work. which includes all
Subdivision Improvements. and insofar as possible within the amount of the Bond, to thereafter
make full payment of monies unpaid for the Project Work to any contractor, subcontractors, or. .
material suppliers, plus any damages or costs including reasonable attorney's fees incurred by
Mohave County as a result of a default or breach.
SIGNED, SEALED AND DATED this day of
,1999.
PR1NCIPAL2:
Signature
Title
SURETY:
Signature
Title
SEAL: PAGE 145 OF 174
BK 3684 PG 968 FEE:::2001011067
.
2See proposed signature forms. Use appropriate form.
..
.
.
PAGE 146 OF 174
BK 3684 PG 969 FEE:::2001011067
STATE OF )
)ss.
County of )
The foregoing instrument was acknowledged before me this _ day of
, 1999, by
, ,
Name of Officer or Agent
Title
of
, alan
Name of Corporation Acknowledging
Slate of Incorporation
corporation. on behalf of the corporation3.
My Commission Expires:
'.
Notary Public
.' STATE OF )
)ss.
County of )
Th.e foregoing instrument was acknowledged before me this _ day of
, 1999, by
. .
, .
Name of Officer or Agent
TiUe
of
, alan
Name of Corporation Acknowledging
State of Incorporation
corporation. on behalf of the corporation.
My Commission Expires:
Notary Public
3Use appropriate notary form(s). Additional statutory short forms are provided herewith.
You may also use statutory long forms.
SIGNED, SEALED AND DATED as of ,19_,
[If an entity is signing, Principal must provide an original signed, sealed and notarized Certificate or other
appropriate certified documentation showing authority.]
[See signature forms following]
PRINCIPAL
SURETY
SEAL
By
AGENCY OF RECORD
AGENCY ADDRESS:
(ATIACH AGENT'S POWER OF ATIORNEY)
SIGNATURE
PRINTED OR TYPED NAME
ATIORt'ffiY-IN-F ACT FOR
PRINTED OR TYPED NAME OF ATIORNEY-lN~FACT
[Note: Signatures to be notarized using statutory long form or permitted short forms, (See attached samples
of short forms.)l
-_..~_.
APPROVED AS TO FORM: MOHAVE COUNTY ATTORNEY'S OFFICE
"
By:
Date Signed Christine L. Nelson, Deputy County Attorney
PAGE 14-7
Of 174
BK 3634 PG 970 FE
n2001011067
'" . PAGE 148
OF 174
~ .
-EX-HIBIT A e.K 3684- PG 971
FEE~2001011067
.
Bond Number:
Premium Amount:
Renewal Date(s):
PERFORMANCE BOND FOR
SUBDIVISION IMPROVEMENTS FOR
MOHAVE COUNTY, ARIZONA
. The Principal, Name of PnnClpal ' alan
Stale ot t-ormatJon
~ Type of Entity and Surety, Name of Surety
a
corporation existing under the laws of the State of , and licensed to do
business in the State of Arizona, as Surety, are bound to Mohave Cou'rity, a body politic and
corporate of the State of Arizona ("hereinafter referred to as Mohave County"), in the sum of
Dollars ($
),
the payment of which shall be made to Mohave County in the event of default by the Principal of
the Obligations described herein.
OBLIGATIONS:
The PcurBose of this Bond is to assure the timely completion of all Subdivision Improvements
required or he , Mohave County,
Name of SUbdIVIsion "
Arizona, ("Subdivision") as set forth in the Cost Estimate of the Project Engineer and approved
by the Mohave County Engineer. The Subdivision Improvements are described in Exhibit "AU
attached hereto and incorporated herein by referer:'ce.1
This Obligation is to assure the Principal completes the Subdivision Improvements within the
time specified by Mohave COUflty to the satisfaction of the Mohave County Engineer and the Board
of Supervisors ("BOS"). All Subdivision Improvements shall be completed in accordance with all
Federal. State, and Mohave County laws, statutes, ordinances, regulations, and rules ("Laws").
This Obligation shall remain in full force and effect until the Subdivision Improvements are fully
and properly completed in compliance with applicable Laws, unless this Obligation is earlier
released in writing by Mohave County. Upon the completion of the Subdivision Improvements, the
Principal's Project Engineer shall furnish the Mohave County Engineer with one (1) set of sealed
prints and one (1) reproducible set of "As-Builr drawings. The sealed prints shall be marked "As-
Built" and shall bear a certification of the Project engineer that the work was completed in
accordance with the approved plans, specifications, and details, and have complied with all Laws.
The Project Engineer shall also furnish the Mohave County Engin~er with all required inspection
reports, testing results, and any required approvals or certifications of construction or conditions.
Prior to termination of the Obligation, the Project Engineer's certification must be acknowledged
and approved by the Mohave County Engineer and the Subdivision Improvements accepted by the
BOS as completed. Thereupon, the BOS will formally release the Obligation.
1Attach a signed and sealed itemized Engineer's Cost Estimate as approved by the
Mohave County Engineer.
. -.
PRINCIPAL SIGNATURE FORMS
[lndividual(s)]
Unmarried Person
PAGE 149
OF 174
_ Signature e.K 3684 PG 972 FEE:::2001011067
Printed or Typed Name
Married Person Sole and Separate
Signature
Printed or Typed Name
Married Couple
Printed or Typed Name Signature
Printed or Typed Name Signature
[proprietorship]
(All owners should sign - if married, both husband and wife. Satisfactory evidence provided that _ the
signatories are binding.)
Business Name
By: By:
Signature (Owner) Signature (Owner)
Printed or Typed Name Printed or Typed Name
[Corporation]
Corporate Name
By:
Signature
Printed or Typed Name
Its:
Title .
[Limited Liability Company]
Limited Liability Company Name PAGE 150 OF 174
;
By: e.K 3684 PG 973 FEH2001011067
Signature
Printed or Typed Name
Its:
Title
[Partnership]
Partnership Name
NAn (State and Type of Partnership]
By:
Signature
Printed or Typed Name
[Trust]
Name of Trust
By:
Signature
Printed or Typed Name
Trustee or Personal Representative for
Name of Trust
[Estate]
Name of Estate
By:
Signature
Printed or Typed Name
Personal RepresentativefExecutor/Executrix for
Name of Estate
. . .
.
[Attorney-In-Fact]
By: PAGE 151
OF 174-
BK 3684- PG 974-
FEE::=2I)01011067
Signature
Printed or Typed Name
Attorney-In-Fact for
Printed or Typed Name of Principal
[All signatures must be notarized -- See the following proposed short forms acceptable in Arizona.]
NOTARY FORMS
[Individual(s)]
STATE OF ARIZONA )
)ss.
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name(s) of
Person(s) Acknowledged, Marital Status. [Husband and Wife, a Single Person, or a Married Person dealing with hislher sole and
Sep:1rale property]
My Commission Expires:
Notary Public.
[proprietorship]
STATE OF ARIZONA )
)S5.
County of )
The foregoing instrument was acknowledged before me this _ day of . 1999, by Name of
Owner, Marital Status and Name of Owner, Marital Status, all owners of Business Name, individually and
on behalf of the Proprietorship.
My Commission Expires:
Notary Public
[Corporation]
STATE OF ARIZONA )
)55.
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Officer or Aeent, Title, Name of Corporation Acknowledeing, alan State ofIncOI:poration corporation, on
behalf of the corporation.
My Commission Expires:
Notary Public
-
PAGE 1~52 OF 174-
BK 3684 PG 975 FEB2001011067
[Limited Liability Company]
STATE OF ARIZONA)
)55.
County of )
The foregoing instrument was acblOwledged before me this _ day of , 1999, by l'hme of
Person AclmowleMed, Title, Name of Limited Liability Company, alan State of Formation limited liability
company, on behalf of the limited liability company.
My Commission Expires:
Notary Public
[partnership]
STATE OF ARIZONA )
)55.
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Acknowledl?ing Partner or Agent, partner (or agent), on behalf of Name of Partnership, alan State of
Jurisdiction partnership.
My Commission Expires:
Notary Public
[Trust]
STATE OF AlUZONA' )
)55.
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Acknowledging Person, Trustee (or Personal Representative), of the Name of Trust, alan State trust.
My Commission Expires:
Notary Public
[Estate]
STATE OF AlUZONA )
)55.
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Acknowledcing Person, Personal Representative (Executrix or Executor), of the Name of Estate, of County
and State.
My Commission Expires:
Notary Public
__ .... _._ - .._ n. _ ____.~____..
-- .
. ~ .
<
-
.
PAGE 153
OF 174
[Attorney-in-Fact] BK 3684 PG 976
FEE~200101106 7
STATE OF ARIZONA)
)55.
County of )
The foregoing instrument was acknowledged before me this ~ day of , 1999, by Name of
~, as attorney-in-fact on behalf of Name of Principal.
My Commission Expires:
'. Notary Public
'" ,'F" ..
EXHIBIT B
PAGE .154 OF 174
eK .3684 PG 977 FEE.:~2001011067
TRUST AGREEMENT.
for .
SUBDIVISION FINANCIAL ASSURANCES
DATE:
NAME OF
SUBDIVISION:
;
PARTIES:
;
MOHAVE COUNTY, a political
"COUNTY"
subdivision of the State of
Arizona
P.O. Box 7000
Kingman, A7.. 86402-7000
Attn: Director of Planning & Zoning
"DEVELOPER"
"TRUSTEE"
RECITALS:
A. DEVELOPER owns certain real property in Mohave County, Arizona, the
legal description of which is set forth on Exhibit A hereto (the "Property").
B. DEVELOPER intends to subdivide the Property into residential lots for sale
to the public. DEVELOPER seeks COUNTY'S approval to record the Final Plat of this
subdivision, known as
(the "Subdivision").
..
PAGE 155 OF 174
BK 3684 PG 978 FEE~2001011067
C. DEVELOPER has proposed, or the Mohave County Subdivision and Road
Maintenance Regulations (the "Subdivision Regulations") require, the construction of
certain facilities and improvements in the Subdivision. Some of these facilities and
improvements will be constructed after the Final Plat has been approved and recorded.
D. A,R.S. ~ 11 ~806.01 and Articles IV and V of the Subdivision Regulations
require DEVELOPER to provide adequate financial assurances for all facilities and
improvements that will not be constructed before the recordation of the Final Plat. Such
assurances are a condition of COUNTY'S approval of the Final Plat.
E. DEVELOPER'S engineer (the "Engineer of Record") h,as provided, and the
County Engineer has approved, the Engineer's Cost Estimate attached hereto as Exhibit
B for all facilities and improvements that will not be constructed before the recordation of
the Final Plat (the "Site Improvements").
F. This agreement is intended as a 'Trust Agreement" as defined in Section 5.3-
3 of the Subdivision Regulations and is intended to assure that (1) liquid funds equal to the
amount of the Engineer's Cost Estimate (S ) are
deposited with TRUSTEE by DEVELOPER in an Assurance Account for the benefit of
COUNTY in the event that DEVELOPER is unwilling or unable to complete the Site
Improvements in a timely manner, and (2) COUNTY has immediate access to these funds
should it become necessary for COUNTY to complete the Site Improvements.
G. DEVELOPER has agreed to deposit said funds with TRUSTEE upon the
terms and conditions of this agreement; TRUSTEE has agreed to accept and hold these
funds for the benefit of COUNTY upon the terms and conditions of this agreement; and
COUNTY has agreed that these funds shall be administered upon the terms and conditions
of this agreement. If there is a separate agreement between DEVELOPER and TRUSTEE
as to TRUSTEE'S compensation or other matters, such agreement shall have no effecton
this agreement or COUNTY'S rights hereunder.
TERMS AND CONDITIONS:
1. Improvements to be Completed and Estimated Costs. DEVELOPER and the
Engineer of Record have submitted cost estimates and a schedule of completion for the
construction of the Site Improvements. The cost estimates and schedule of completion
have been approved by the County Engineer. Exhibit B hereto is the approved Engineer's
Cost Estimate for the Site Improvements.
2. Establishment of Assurance Account. DEVELOPER shall deposit with
TRUSTEE, in trust, cash equal to the Engineer's Cost Estimate set forth on Exhibit B. If
stocks, bonds, mutual fund shares or other alternatives are to be deposited with TRUSTEE
in lieu of cash, such alternatives shall first be approved by COUNTY as to type, liquidity
and market value.
,
,_ - __u
I ..~ I PAGE 156 OF 174
BK 3684 PG 979 FEE02001011067
a. Replenishment of Assurance Account. TRUSTEE shall provide COUNTY
with periodic reports as to the status of the Assurance Account. At no time shall the
market value of the Assurance Account be less than the amount necessary to
complete the remaining Site Improvements. Should this occur, DEVELOPER shall
immediately replenish the account. Failure to immediately replenish the account
upon DEVELOPER'S receipt of a written request from COUNTY shall bean event
of default hereunder.
3. Administration of Assurance Account. The Assurance Account shall be held
and administered by TRUSTEE for the benefit of COUNTY upon the terms and conditions
set forth herein. DEVELOPER shall have no rights in the Assuranq~ Account except as
set forth herein. Upon deposit of the required funds in the Assurance Account,
DEVELOPER shall have no right of termination or avoidance except as may be expressly
stated herein.
a. Designation of Assurance Account. TRUSTEE has designated the
Assurance Account as Account Number
b. Request and Authorization for Release of Funds. Funds in the Assurance
Account may be released and disbursed by TRU.STEE only upon the written request
and authorization of. the County Engineer in the form of a certified letter to
TRUSTEE with a copy to DEVELOPER. TRUSTEE is authorizedAo rely on any
such request and authorization submitted by the County Engineer without further
inquiry or investigation and without regard to any dispute between DEVELOPER
and COUNTY oran~ contrary request or instructions by DEVELOPER.
c. Release and Disbursement of Funds Upon Default by DEVELOPER. If the
Site Improvements are not completed in accordance with the approved schedule (or
any extension thereof that may be granted by the Mohave County Board of
Supervisors), or if the Site Improvements do not conform to the requirements of the
Subdivision Regulations or any conditions set forth in the Board of Supervisors'
resolution approving the Final Plat, DEVELOPER shall be in default hereunder and
COUNTY shall provide written Notice of Default to DEVELOPER with a copy to
TRUSTEE. If DEVELOPER fails to cure the default or satisfy COUNTY as to the
completion of the remaining Site Improvements within 30 calendar days after
DEVELOPER'S receipt of the Notice of Default, COUNTY may declare the
Assurance Account forfeited and arrange for completion of the remaining Site
Improvements. Upon written request to TRUSTEE by the County Engineer, the
entire Assurance Account or such portion as the County Engineer deems necessary
to complete the remaining Site Improvements shall immediately be released and
disbursed to COUNTY by TRUSTEE. Upon completion of the Site Improvements,
any such funds remaining in the hands of COUNTY shall be paid to DEVELOPER
and any balance of the Assurance Account remaining with TRUSTEE shall be paid
. - -
e,j;:W3634 . F'G 930
FEE~2001011067
,;: 7 o!<J17't
to DEVELOPER upon TRUSTEE'S receipt of written authorization from the County
Engineer. COUNTY shall have no obligation to repay DEVELOPER any portion of
the Assurance Account used to complete the Site Improvements.
d. Release and Disbursement of Funds Upon Partial Completion of Site
Jmprovements. As portions of the Site Improvements are completed by
DEVELOPER, DEVELOPER may apply to the County Engineer for the release and
disbursement of a corresponding portion of the Assurance Account. Such
application shall be supported by a report and certification of the Engineer of
Record as to the improvements that have been completed, together with a revised
Engineer's Cost Estimate. Upon approval by the County Engineer (including such
inspection as the County Engineer may deem necessary and such review by public
utilities and other affected agencies as the County Engineer may deem.
appropriate), a corresponding portion of the Assurance Account, less 10%
retainage, shall be released and disbursed to DEVELOPER following TRUSTEE'S
receipt of written authorization from the County Engineer.
e. Final Release and Disbursement of Funds. Upon completion of all Site
Improvements, submission of as~built plans by the Engineer of Record, and
approval by the County Engineer (including such inspection as the County Engineer
may deem necessary and such review by public utilities and other affected agencies
as the County Engineer may deem appropriate), any retainage and accrued interest
remaining. in'. the' Assurance Account shall be released and disbursed to
DEVELOPER upon review by the Mohave County Planning & Zoning Commission,
approval by the Mohave County Board of Supervisors, and TRUSTEE'S receipt of
written authorization. from the County Engineer.
f. Release of TRUSTEE from Further Obligations. Upon final release and
disbursement of the Assurance Account pursuant to written authorization from the
County Engineer, TRUSTEE shall be released from any further obligation to
DEVELOPER or COUNTY in connection with the Assurance Account. TRUSTEE
shall have no liability to DEVELOPER or COUNTY for any act undertaken in good
faith in connection with this agreement. DEVELOPER shall indemnify, defend and
hold harmless TRUSTEE from and against any and all actions, claims, costs,
damages, expenses, judgments and liabilities that TRUSTEE may suffer or incur in
connection with the good faith perfonnance of its obligations hereunder. TRUSTEE
acts solely as trustee for the Assurance Account and does not assume any of
DEVELOPER'S obligations or make or assume any warranty, express or implied.
concerning the Site Improvements or the quality of workmanship thereof.
4. Additional Security. As added security for completion of the Site
Improvements, DEVELOPER hereby assigns to COUNTY all, of DEVELOPER'S rights as
"developer," "subdivider," "declarant," "general contractor" or the like under all contracts,
. - .
PAGE 158 OF 174
BK 3684 F'G 981 FEE~2001011067
subcontracts, purchase orders and other documents concerning or affecting the Site
Improvements. Upon a default by DEVELOPER, COUNTY may (but shall not be obligated
to) enforce all of DEVELOPER'S rights under such contracts, subcontracts, purchase
orders and other documents in order to complete the Site Improvements.
5. Duration. Unless the period for completion of the Site Improvements is
extended by official action of the Mohave County Board of Supervisors, all Site
Improvements shall be completed within one year after the date on which the Final Plat is
recorded. Failure to complete the Site Improvements within one year (or any extension
that may be granted) shall be an event of de"fault hereunder. If an extension is granted,
DEVELOPER may be required to increase the Assurance Account if, .in the opinion of the
County Engineer, the existing account may be insufficient to complete the Site
Improvements.
6. Notices. Notices required or permitted hereunder shall be in writing and shall
be mailed by certified mail, return receipt requested, to the intended recipient at the
address shown on the first page hereof, with a copy to the other party. Any party may
change its address for the giving of notices by giving notice in the manner set forth in the
preceding sentence.
l. Recording. This agreement or a memorandum thereof may be recorded by
COUNTY in the Office of the County Recorder.
"DEVELOPER"
By:
Date Signed
Its:
STATE OF ARIZONA )
) ss.
COUNTY OF MOHAVE )
The foregoing instrument was acknowledged before me this day of
1999,by
,a
"-
-
PAGE 159 OF 174
BK 3684 PG 982 FEE~2001011067
IN WITNESS WHEREOF, I set my hand and official seal.
My commission expires: Notary Public
Date Signed "TRUSTEE"
STATE OF ARIZONA )
) ss.
COUNTY OF MOHA VE )
The foregoing instrument was acknowledged before me this day of
1999,by
,a
IN WITNESS WHEREOF, I set my hand and official seal.
My commission expires: Notary Public
MOHAVE COUNTY BOARD OF SUPERVISORS
By:
Date Signed
Its:
STATE OF ARIZONA )
) ss.
COUNTY OF MOHAVE )
The foregoing instrument was acknowledged before me this day
of
1999,by ,
.
Mohave County Board of Supervisors, on behalf of Mohave County, a body politic and
corporate of the State of Arizona.
.-' ,
PAGE 160 OF 174
BK 3684 PG 983 FEE~2001011067
IN WITNESS WHEREOF, I set my hand and official seal.
My commission expires: Notary Public
APPROVED AS TO FORM: MOHAVE COUNTY ATTORNEY'S OFFICE
By:
Date Signed Christine L. Nelson, Deputy County Attorney
, .. PAGE 161
OF 174
BK 3684 PG 984
FEE::02001011067
PRlliCIPAL SIGNATURE FORMS
[Indhidual(s)]
Unmarried Person
. . Signature
Printed or Typed Name
Married Person Sole and Separate
Signature
Printed or Typed Name
Married Couple
Printed or Typed Name Signature
Printed or Typed Name Signature
[proprietorship]
(All owners should sign ..if married, both husband and wife. Satisfactory evidence provided that the
signatories are binding.)
Business Name
By: By:
Signature (Owner) Signature (Owner)
Printed or Typed Name Printed or Typed Name
I Corporation)
Corporate Name
By:
Signature
Printed or Typed Name
Its:
Title
. . 'P PAGE 162
OF 174
. e.K 3684 PG 985
FEH2001011067
[Limited Liability Company]
Limited Liability Company Name .
By:
Signature
Printed or Typed Name
Its:
Title
[partnership]
.
Partnership Name
NAn [State and Type of Partnership]
By:
Signature
Printed or Typed Name
. [Trust]
Name of Trust '
By:
Signature
Printed or Typed Name
Trustee or Personal Representative for
Name of Trust
[Estate]
Name of Estate
By:
Signature
Printed or Typed Name
Personal RepresentativelExecutor/Executrix for
Name of Estate
--.- -
.. ..
. . . PAGE 163
OF 174
BK 3634 PG 936 FE
EUOO1011067
[Attorney~In-Fact]
By:
Signature
Printed or Typed Name
Attorney-In-Fact for
Printed or Typed Name of Principal
[All signatures must be notarized ~- See the following proposed short forms acceptable in Arizona.]
NOTARY FORt'1S
[Individuat(s)]
STATE OF ARIZONA )
)55.
Connty of )
The foregoing instrument was ac1mowledged before me this _ day of ,1999, by Name(s) of
Person(s) Acknowledged, Marital Status. [Husb:lOd and Wife, a Single Person, or a Married Person dealing with hislher sole and
separate property]
My Commission Expires:
. Notary Public
[prOprietorship)
STATE OF ARIZONA l.
)ss.-
Connty of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Owner, Marital Status and Name of Owner, Marital Status, all owners of);lusiness Name, individually and
on behalf of the Proprietorship.
. My Commission Expires: .
Notary Public
[Corporation] .
STATE OFARlZONA )
)S5.
County of )
The foregoing instrument was ac1mowledged before me this _ day of . 1999, by Name of
pfficer or Agent, J'itle,Name of Corporation Acknowledging, alan State of Incorporation corporation, on
behalf of the corporation.
My Commission Expires:
Notary Public
. .. .... PAGE 164
OF 174
. BK 3684 PG 987
FEfo::2001011067
[Limited Liability Company]
STATE OF ARIZONA )
)55.
County of )
The foregoing instrument was acknowledged before me this -,-- day of , 1999, by Name of
Person Acknowledged, Title, Name of Limited Liabilitv Company, alan State of Formation limited liability .
company, on behalf ofthe limited liability company.
My Commission Expires:
Notary Public
[partnership]
STATE OF ARIZONA )
)55.
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Acknowledging Partner or Agent, partner (or agent), on behalf of Name of Partnership, alan State of
Jurisdiction partnership.
My Commission Expires:
Notary Public
[Trust]
STATE OF ARIZONA. )
)55.
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Acknowledging; Person, Trustee (or Personal Representative), ofthe Name of Trust, alan State trust.
My Commission Expires:
Notary Public
[Estate]
STATE OF ARIZONA )
)55.
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Acknowledging; Person, Personal Representative (Executrix or Executor), of the Name of Estate, of County
and State.
My Commission Expires:
Notary Public
----
. . .
<
-
F'AGE 165
OF 174
[Attorney-in-Fact] BK 3684 PG 988
FEg2001011067
STATE OF ARIZONA )
)55.
County of )
The foregoing instrument was acknowledged before me this _ day.of , 1999, by Name of
Person, as attomey-in.fact on behalf of Name ofPrincioal.
My Commission Expires:
Notary Public
PAGE 166 OF 17't
BK 3684 PG 989 FEE~2001011067
EXHIBIT C
LETTER OF CREDIT
FOR DRAFT PURPOSES ONLY
Re: Mohave County, A Political Subdivision of the State of Arizona
. (hereinafter "Mohave County")
On behalf of our customer
, An Arizona
Limited Liability Company (hereinafter the "Developer"), we hereby establish this irrevocable Letter
of Credit # in the amount of
($ ), for the benefit ofMohave
COlmty . tmderstands that W~ is for an assurance
as provided in Mohave COlmty Subdivision and Road Maintenance Regulations, Article
-'
Section , Sub-section
.
This Letter of Credit # shall expire one year after the recordation of the Fin?l Plat
or on , , whichever occurs first, subject to the terms and provisions for
extension as they are hereinafter provided. Without waiver or any other longer Statute of Limitation
is expressly understood that this Letter of Credit shall not prevent the County from bringing claim
hereunder for a period of two (2) years following the Expiration. Date for failure of
to perform as proposed.
. understands that this Letter of Credit IS for the .
purpose of assuring that the Developer fully completing 'in a first-class workmanship like manner,
the promised improvements set forth in the Final Subdivision Plat Map, the Board of Supervisor's
Resolution acceptance of .th~ Final Subdivision Plat Map, the conditions of the Board of
Supervisor's Resolution to accept the Final Subdivision Plat Map and the Engineers' estimates for
the completion of all Subdivision Improvements for
,
Tract , a subdivision of a portion of the
,
Mohave County, Arizona, (hereinafter "Subdivision Improvements").
Insofar as the Subdivision Improvements are not fully completed by the Expiration Date, the
Developer, may, upon application made, not less than thirty (30) days prior to the Expiration Date,
extend this Letter of Credit in one year increments for a premium of $ , which
shall be prepaid prior to Expiration Date. , the Developer
and Mohave County all acknowledge and agree that this provision of expiration is not to assure that
Mohave County will grant extensions for the completion oftr,~ Subdivisions, and Mohave County
may call the Letter of Credit if the Subdivision is not fully completed at the date specified by the
Board of Supervisors' Acceptance Resolution.
shall provide a written statement to Mohave
County in the event that the Letter of Credit has not been extended to thirty (30) days prior to its
expiration and also, as to any other event or matter which may be deemed material "vith regards to
the Letter of Credit.
-..
-,
F'AGE 167 OF 174-
BK 3684 PG 990 FEE::=2001011067
Funds are available and shall be paid upon presentation of Mohave County's written request
for payment (hereinafter the "Request for Payment") accompanied by a certification from an official
of Mohave COlmty certifying the improvements specified on the Request attached Engineers
Estimate for , Tract , Mohave County, Arizona,
and as are other\vise required, have not been completed by the expiration date of the Letter of Credit
and the funds draviTI are required to finish the installation of the improvements.
The Request must be ~n~orsed by Mohave County and contain the clause "Drawn under
Letter of Credit # dated ,
" and include this original document. In the event that there is an inadvertent loss of the
original, an affidavit of such loss, signed and notarized by an appropriate offic~al of Mohave County
shall be attached with a true and correct of the original Letter of Credit #
The Request may be for the entire amount of this Letter of Credit or for a portion thereof.
Multiple Requests will be honored until such time that the entirety of the amount established
hereunder be drawn upon. This allowance for partial draws in for the convenience and benefit of
Mohave County, and is to be used in the event that the Engineering Cost Estimate does not consider
additional work which must be cone to complete the Subdivisions needed for Improvements, or
various other designated additional charges not originally contemplated. This is not for the purpose
of providing a means for contractors' draws.
By its signature provided hereto, Mohave State Bank avowals and warrants that it is fully
- able to timely perform by making payment hereunder, should demand be made by Mohave COlmty.
ACKNO\VLEDGED AND AGREED:
SIGNED, SEALED AND DATED AS OF ,
, an Arizona Limited Liability Corporation
By
Its
.. PAGE 168
OF 174-
BK 3684 PG 991 FE
E:::2001011067
ACKNOWLEDGED AND AGREED:
-
SIGNED, SEALED AND DATED as of
,
, .~
By
, (Title)
Its
'.
STATE OF ARIZONA )
)ss.
CountY of )
The foregoing instrwnent was acknowledged before me this _ day of
,
.by ,
,
Name of p~rson acknowledged
Title
, alan ' , '
Limited
Name of Limited Liability Company
State of Fonnation
Liability Company, on behalf 9fthe Limited Liability Company.
My Conunission Expires:
NOTARY PUBLIC .
PAGE 169 OF 174
BK 3684 PG 992 FEE~2001011067
STATE OF ARIZONA )
)ss.
COtmty of Mohave )
The foregoing . instrument was acknowledged before
me this day of
,~,by
,
,of
,
alan Corporation, on behalf of the Corporation.
My Commission Expires:
. .
NOT AR Y PUBLIC
APPROVED AS TO FORM: MOHAVE COUNTY ATTORNEY'S OFFICE
"
By:
Date Signed Christine L. Nelson. Deputy County Attorney
. _u
, "
PAGE 170
OF 174
BK 3684 PG 993
FEE:::2001011067
PRlNCIPALSIGNATURE FORMS
[Indhidual(s)]
Unmarried Person:
. Signature
Printed or Typed Name
Married Person Sole and Separate
Signature
Printed or Typed Name
Married Couple
Printed or Typed Name Signature
Printed or Typed Name Signature
(Proprietorship]
(All owners should sign ,'if married, both husband and wife. Satisfactory evidence provided that the
signatories are binding.)
Business Name
By: By:
Signature (Owner) Signature (Owner)
Printed or Typed Name Printed or Typed Name
[Corporation]
Corporate Name
By:
Signature
Printed or Typed Name
Its:
Title
. . --
{Limited Liability Company] PAGE 171
OF 174
BK 3684 F'G 994- FEE~2001011067
Limited Liability Company Name
By:
Signature
, Printed or Typed Name
Its:
Title
{partIiership]
Partnership Name
NAn [State and Type of Partnership]
By:
Signature
Printed or Typed Name
[Trust]
Name of Trust
By:
Signature
Prfuted or Typed Name
Trustee or Personal Representative for
Name of Trust
{Estate]
Name of Estate
By:
Signature
Printed or Typed Name
Personal Representative/Executor/Executrix for
Name of Estate
n _.. _. .. _ __.
-. - - ...
. - .. -
. r.
PAGE 172
OF 174-
BK 3684- f'G 99'5
FEH2001011067
[Attorney-In-Fact]
By:
Signature
Printed or Typed Name
Attorney-In-Fact for -
Printed or Typed Name of Principal
[All signatures must be notarIzed -- See the following proposed short forms acceptable in Arizona.]
NOT ARY FORMS
[Individual(s)]
STATEOFARIZONA)
)ss~
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name(s) of
Person(s) Acknowledged, Marital Status. [Husband and Wife, a Single Person, or a Married Person dealing with hislher sole and
separate property}
My Commission Expires:
Notary Public
(proprietorship]
STATE OF ARIZONA .)
)ss.-
County of )
The foregoing instrument was aclmowledged before me this _ day of . 1999, by Name of
~, Marital Status and Name of Owner, Marital Status, all owners of Business Name, individually and
on behalf of the Proprietorship.
My Commission Expires:
Notary Public
[Corporation]
STATE OF ARIZONA)
)S5.
County of )
The foregoing instrument was aclmowledged before me this _ day of . 1999, by Name
of
Officer or Agent, Title, ~ame ofCor:poration Aclmowledging, alan State of Incor:poration corporation, on
behalf of the corporation.
My Commission Expires:
Notary Public
"--- -
... "....
[L' , d L' b'lih C ] F'AGE 173 OF 174-
ImIte 13 1 : ompany BK 3684 F'G 996 FEE:::2001011067
STATE OF ARIZONA)
)ss,
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Person Ack.'l1ow1edged, Title, Name of Limited Liabilitv Comnany, alan State of Formation limited liability
company, on behalf of the limited liability company.
My Commission Expires:
Notary Public
(partnership]
ST ATE OF ARIZONA )
)ss,
County of )
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Acknowledging Partner or Agent, partner (or agent), on behalf of Name of Partnershio, alan State of
Jurisdiction partnership.
My Commission Expires:
Notary Public
[Trust]
STATE OF ARIZONA)
)55,
County of ),
The foregoing instrument was acknowledged before me this _ day of , 1999, by Name of
Acknowledl!ing Person, Trustee (orPersonal Representative), ofthe Name of Trust, alan State trust.
My Commission Expires:
Notary Public
[Estate]
STATE OF ARIZONA )
)ss,
County of )
The foregoing instrument was acknowledged before me this ~ day of , 1999, by Name of
Acknowledging Person, Personal Re.presentative (Executrix or Executor), of the Name of Estate, of County
and State.
My Commission Expires:
Notary Public .
- ~ -
.
-
.
[Attorney-in-Fact] PAGE 174-
OF 174
BK 3684 PG 997 FEE=::2001011067
STATE OF ARIZONA)
)55.
County of )
The foregoing instrument was ackno\vledgedbefore me this _ day of , 1999, by Name of
. person,'as attorney-in-fact on behalf of Name ofPrincioal.'
My Commission Expires:
Notary Public
".
~
\:: rqV;
INDEXED MICMFlLMED
2001011.067 BK 3684 PG 824-
OFFICIAL RECORDS OF MOHAVE COUHTY
JOAH NC CALL, NOHAVE COUNTY RECORDER
02/27/2001 08:59A ~AGE 1 OF 174
MOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0.00
RESOLUTION NO. 2001-78
A RESOLUTION SETTING FORTH ORDINANCE NO. 2001-01, AN ORDINANCE ADOPTING
SUBDIVISION AND MINOR LAND DIVISION REGULATIONS FOR AND WITHIN THE
UNINCORPORATED AREAS OF MOHA VE COUNTY AND TO BE KNO\VN AS THE MORAVE
COUNTY LAND DIVISION REGULATIONS AND PROVIDING FOR AIHENDI\t1ENTS
THERETO; AND REPEALING THE
SUBDIVISION AND ROAD MAINTENANCE
REGULATIONS, ADOPTED MAY 17, 1976, VIA BOS RESOLUTION NO. 1107, AS AMENDED.
\VHEREAS, at the special meeting of the Mohave County Board of Supervisors held on February
20, 2001, a public hearing was conducted to detemline whether Ordinance No. 2001-01, adopting
Subdivision and Minor Land Division Regulations for and within the unincorporated areas of Mohave
County and to be known as the Mohave County Land Division Regulations and providing for amendments
thereto; and repealing the Subdivision and Road Maintenance Regulations, adopted May 17, 1976, via Board
of Supervisors Resolution No. 1107, as amended, should be approved, and
\VHEREAS, the Subdivision and Zoning Regulation Task Force of the Planning and Zoning
Department, the Public Works Department, the Environmental Health Division, and others developed new
land division regulations for the County. This effort was undertaken to replace the current land division
regulations adopted nearly 25 years ago, and
WHEREAS, the work was conducted at public meetings, advertised and posted to the public, which
were held on weekly, bi-weekly and monthly schedules over the past three (3) years, and included the direct
involvement and comments of members ofthe public, professional registrants, real estate representatives,
developers, and other interested observers, and
\VHEREAS, each corrected draft copy was made available to the public. Complete draft copies
were sent out for comments on several occasions to the Registrants and the general public for further review
and input, and
WHEREAS, the draft Mohave County Subdivision Regulations were unanimously approved by the
Task Force on November 18, 1999 and forwarded to the Planning and Zoning Commission for review. The
new regulations will affect the unincorporated areas ofthe county, and
PAGE 2 OF 174
BK 3684 PG 825 FEE~2001011067
RESOLUTION NO. 2001-78 Page 2
. WHEREAS, the following are Findings of Fact for the above captioned item:
a. All public participation requirements have been accomplished.
b. All meetings were held in accordance with state public participation law.
c. All notices, advertising, and posting were accomplished according to regulations.
d. The proposed action and effect agrees with the Mohave County General Plan and all adopted
Area Plans.
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
December 13, 2000, the Commission recommended APPROVAL of Ordinance No. 2001-01, adopting
Subdivision and Minor Land Division Regulations for and within the unincorporated areas of Mohave
COlmty and to be known as the Mohave County Land Division Regulations and providing for amendments
thereto; and repealing the Subdivision and Road Maintenance Regulations, adopted May 17, 1976, via Board
of Supervisors Resolution No. 1107, as amended.
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, January 31, 2001, and posted on February 2, 2001, as
required by Arizona Revised Statutes and the Mohave County Zoning Regulations.
NOW THEREFORE BE IT RESOL YED, that the Board of Supervisors, at their special meeting
on Tuesday, February 20, 2001, APPROVED Ordinance No. 2001-01, adopting Subdivision and Minor
Land Division Regulations for and within the unincorporated areas ofMohave County and to be known as
the Mohave County Land Division Regulations and providing for amendments thereto; and repealing the
Subdivision and Road Maintenance Regulations, adopted May 17, 1976, via Board of Supervisors
Resolution No. 1107, as amended, as recommended by the Mohave County Planning and Zoning
Commission and outlined herein.
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t,$~~~:~~ ~t~ C~:ARD OF SUPERVISORS
"'~~~" ----,,- -- --, ""-,>, . J;
gg,~'::;-- /..o:..'~_'.i~,:. i., ~E Pete Byers, ChaIrm . .
= 'J'" . -,,--". L., " - 6
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PAGE 3 OF 4
BK 3527 PG 267 FEE:::2000031298
MOHA VE COUNTY ORDINANCE NO. 2000-01
AN ORDINANCE AMENDING SECTION 9 AND SECTION 14 OF THE MOHA VE COUNTY
ZONING ORDINANCE FOR THE ADDITION OF GUEST RANCHES AS A PERl\lITTED USE
IN THE AGRICULTURAL-RESIDENTIAL ZONE.
The Mohave County Zoning Ordinance is amended as follows (added language is bolded; deleted language
is~):
Section 9 DEFINITIONS
Between Guest House and Height, Building or Structure, add a definition for Guest Ranch to read as
follows:
Guest Ranch: Shall mean a ranch operated, in part or in whole, as a vacation resort.
Amend Section 14 of the Zoning Ordinance as follows:
Section 14 REGULATIONS FOR AGRICUTURAL=RESIDENTIAL OR "A-R" ZONE
A. Special Provisions:
1. Only one single family dwelling shall be approved for anyone lot or building site.
2. All applicable provisions of Sections 25, 26, 27 and 31 shall apply to this zone.
B. Uses Permitted:
1. Agricultural uses and home occupations.
2. Single family dwellings accessory uses normally incidental to single family dwelling or light
fanning (this is not to be construed as permitting any commercial use).
3. Guest Ranches established as a subordinate use to a working ranch containing a
minimum of one hundred (100) contiguous acres.
J
--.--
. ...-
PAGE .} OF 4
BK 3527 PG 268 FEE::=2000031298
MORAVE COUNTY ORDINANCE NO. 2000-01 Page 2
J4. Private greenhouses and horticultural collections, flower and vegetable gardens, fruit trees,
orchards, dogs and cats as domestic pets, poultry for domestic use. Horses and cows may
be maintained for private use. .
45. Schools, churches, public buildings, quasi-public buildings, and playgrounds.
C. Uses Permitted after acquiring a Zoning Use Permit:
1. Recreational Vehicle Parks.
2. Mobile Home Parks.
3. Riding Stable and Horse Breeding Farms.
4. Retail Plant Nurseries (See Section 27-L).
5. Kennels and Veterinary Clinics (See Section 27-M).
~~. fi\~iJE'(2G
200CI031298 BK 3527 PG 265
OFFICIAL RECORDS OF MOHAVE COUNTY
JOAN Me CALL, MOHAVE COUNTY RECORDER
~ 06/07/2000 10:21A PAGE 1 OF 4-
MOHAVE COUNTY BOARD OF SUPERVISORS
RECORDING FEE 0.00
~i~lCROfILMED
RESOLUTION NO. 2000-115
A RESOLUTION SETTING FORTH THE ADOPTION OF MOHA VE COUNTY ORDINANCE
NO. 2000-01, AN AMENDMENT TO SECTION 9 OF THE MOHA VE COUNTY ZONING
ORDINANCE TO ADD A DEFINITION FOR GUEST RANCHES AND AN AMENDMENT TO
SECTION 14 OF THE MOHA VE COUNTY ZONING ORDINANCE TO ALLOW GUEST
RANCHES IN THE AGRICULTURAL-RESIDENTIAL ZONE AS A PERMITTED USE.
WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on Jline 5,
2000, a public hearing was conducted to determine whether an Amendment to Section 9 of the Mohave
County Zoning Ordinance to add a definition for guest ranches, and an Amendment to Section 14 of the
Mohave County Zoning Ordinance to allow guest ranches in the Agricultural-Residential zone as a
permitted use should be approved, and
WHEREAS, providing a true ranching experience to people vacationing in Mohave County is an
unmetmarket, and
WHEREAS, working ranches in Mohave County are finding that operating a profitable ranch is
increasingly difficult, and
WHEREAS, the Mohave County Zoning Ordinance does not allow guest ranches in Agricultural
zones but only Commercial Recreation zones, and
WHEREAS, a working ranch provides a different experience from the guest ranch located in
Commercial Recreation zones, and
WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on
February 9,2000, the Commission recommended APPROVAL of the attached Mohave County Ordinance
No. 2000-01, an Amendment to Section 9 and Section 14 of the Mohave County Zoning Ordinance
regarding guest ranches in an Agricultural-Residential zone, and
WHEREAS, the notice of hearing was published in The Standard, a newspaper of general
circulation in Kingman, Mohave County, Arizona, May 17,2000, and posted on May 19,2000, as required
by Arizona Revised Statutes and the Mohave County Zoning Regulations.
PAGE 2 OF 4
BK 3527 PG 266 FEE:2000031298
RESOLUTION NO. 2000-115 Page 2
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting
. on Monday, June 5, 2000, APPROVED the attached Mohave County Ordinance No. 2000-01, an
Amendment to Section 9 and Section 14 ofthe Mohave Colinty Zoning Ordinance regarding guest ranches
in an Agricultural-Residential zone, as recommended by the Mohave County Planning and Zoning
Commission and outlined herein.
M~ CO, ~BOARD OF SUPERVISORS
'\b '-
Buster D. J