Chapter 16.32
MINOR LAND DIVISIONS
Sections:
16.32.010 Authority and purpose.
16.32.050 Minor land division application procedures.
16.32.060 Review, approval and appeal procedures.
16.32.070 Minor land division design standards.
16.32.080 Minor land division street improvement standards.
16.32.090 Assurance for improvements.
16.32.010 Authority and purpose.
A. Authority. The Town of Pinetop-Lakeside is authorized by Arizona Revised Statutes, Title 9, Chapter 4, Article 6.2, to adopt regulations for the review of "land splits" and "streets" as defined herein. For the purposes of this chapter, any land split or creation of a new street shall constitute a minor land division within the Town of Pinetop-Lakeside.
B. Purpose. The purpose of this chapter is to provide for minimum standards for regulating the minor land division of lots, tracts or parcels of land into two (2) or three (3) parts through a process that is more expeditious than the Town of Pinetop-Lakeside subdivision process and to promote consistency and implementation of the Town general plan and the following:
1. Assurance that adequate ingress and egress for current and future property owners and emergency services exist pursuant to Section 16.32.070 of this chapter;
2. Accurate recordation of surveys created to divide existing lots, tracts or parcels of land; and
3. The proposed minor land division is in conformance with Arizona Revised Statutes, Title 9, Chapter 4, Article 6.2, and all land development regulations established by the Town of Pinetop-Lakeside. (Ord. 15-392 § 1 (part): Ord. 98-156 § 1 (part))
16.32.020 Definitions.
1. "Access" means rights-of-way provided by means of recorded easements for the right of egress and ingress and utilities in perpetuity, where access is required over the property of others.
2. "Land development regulations" means all zoning, building, and subdivision codes, and any other applicable ordinances, regulations or standards adopted by the Town of Pinetop-Lakeside.
3. "Land splits" means the division of improved or unimproved land whose area is two and one-half (2-1/2) acres or less into two (2) or three (3) tracts or parcels of land for the purpose of sale or lease.
4. "Legal access" means a public or private right of vehicular ingress and egress to and from any additional lots or parcels created and the exterior boundary of the original lot in which the minor land division is proposed. The minimum legal access may be provided by either public or private streets or easements and shall be twenty-five (25) feet or greater (see exhibit below).
Exhibit: Minor Land Division with Legal Access
5. "Lot" means any lot, parcel, tract of land, or combination thereof, shown on a plat of record or recorded by metes and bounds that is occupied or intended for occupancy by a use permitted in the zoning regulations of the Town of Pinetop-Lakeside, including one (1) principal building together with its accessory buildings, the unbuilt lot area and required parking spaces, and having its principal frontage upon a street or upon an officially approved place.
6. "Minor land division" means a division of land into two (2) or three (3) lots not resulting in a "subdivision" or "subdivided lands" as defined in Arizona Revised Statutes, Chapter 4, Article 6.2, or the creation of a street. For the purposes of these regulations a minor land division shall include a land split.
7. "Original lot" means any existing lot, parcel, tract of land, or combination thereof, identified in the official records of the Planning and Zoning Department as of the adoption of these minor land division regulations.
8. "Street" means any existing or proposed street, avenue, boulevard, street, lane, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat duly filed and recorded in the County Recorder’s office. A street includes all land within the street right-of-way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts.
9. "Subdivision" means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land, or any such property the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. Subdivision also includes any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels in which an undivided interest in the land is coupled with right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which buildings or airspace above the property shown on the plat are to be divided.
10. "Town of Pinetop-Lakeside general plan" means a municipal statement of land development policies, which may include maps, charts, graphs and text which set forth objectives, principles and standards for local growth and redevelopment enacted under the provisions of Arizona Revised Statutes, Title 9, Chapter 4, Article 6.0, and as amended by the Town Council. (Ord. 15-392 § 1 (part): Ord. 98-156 § 1 (part))
16.32.030 Applicability.
The provisions in this chapter shall apply to a minor land division of improved or unimproved property, defined as a lot, parcel, tract or combination thereof, for the purpose of financing, sale or lease, whether immediate or future, if one (1) of the following conditions exists:
A. The property to be divided is two and one-half (2-1/2) acres or less, and one (1) or more additional lots are created.
B. The property to be divided is greater than two and one-half (2-1/2) acres and requires the creation of a public or private street or easement to provide legal access to one (1) or more additional lots. (Ord. 15-392 § 1 (part): Ord. 98-156 § 1 (part))
16.32.040 Exceptions.
The minor land division regulations herein shall not apply to the following activities:
A. Exchange of land between previously platted lots so long as no additional lots are created and the resulting lots comply with all Town land development regulations or other local, state or federal laws.
B. Division of an existing lot meeting the definition of an original lot, whose area is greater than two and one-half (2-1/2) acres provided an existing street is not affected or a new street created.
C. Any division or resubdivision of land covered by the Town subdivision regulations or the creation of two (2) or three (3) lots within any area granted plat approval prior to the adoption of these minor land division regulations, provided all other requirements of the land development regulations are met.
D. Creation of two (2) or more lots in any commercially zoned area limited to commercial use development pursuant to site plan review procedures in accordance with Chapter 17.84, Arizona Department of Transportation minimum access standards, and other applicable regulations governing commercial development. (Ord. 15-392 § 1 (part): Ord. 98-156 § 1 (part))
16.32.050 Minor land division application procedures.
The division of land into two (2) or three (3) parcels and under those special conditions described in Section 16.32.030 requires the approval of a minor land division application and permit.
A. An application for a minor land division shall be submitted to the Community Development Department and approved prior to filing any deeds related to a minor land division with the Navajo County Recorder.
B. An application fee as established by special resolution shall be paid at the time of filing an application. The fee is nonrefundable and is to cover the costs of processing the application.
C. Application Requirements. Each application shall include a scaled map of the original lot as legally recorded by the Navajo County Recorder and the lots proposed to be created. The map does not have to be prepared by a registered engineer or surveyor, but must contain sufficient data to determine the approximate boundaries and areas of all proposed lots. At a minimum the map shall include the following:
1. Boundaries of the original lot or parcel and assessor’s number(s) as identified from the Town parcel map.
2. Any other lots created from the original lot.
3. Approximate locations of all known dedications and easements.
4. Approximate location of all existing structures on the original lot.
5. Approximate setbacks of all existing structures from proposed lot lines.
6. Right-of-way dedications and easements.
7. Area in square feet and in acreage of each proposed lot.
8. Township, range, section number and north arrow for the original lot.
9. Documentation such as a recorded survey, preliminary title report, or other suitable information to verify that access exists from all created lots to an approved public right-of-way.
D. The applicant shall execute and record with Navajo County all proposed or required public or private dedications shown on an approved plan as a condition of approval by submission of a recorded survey sealed by a registered Arizona land surveyor. Easements shall be recorded in a form subject to approval by the Administrator.
E. Application review and comment by all applicable public or private service providers as deemed necessary by the Administrator, including but not limited to fire districts, electric, sanitary district, water, etc. Failure to obtain approval of serviceability from any provider shall not restrict the Planning and Zoning Department from issuing a minor land division permit.
F. Any minor land division utilizing a private street or easement for vehicular ingress and egress shall submit and record an approved maintenance agreement.
G. Documentation indicating access to a dedicated Town street, either through a preliminary title report from a licensed title company or other suitable information sufficient for the Administrator to verify that access exists. (Ord. 15-392 § 1 (part): Ord. 98-156 § 1 (part))
16.32.060 Review, approval and appeal procedures.
The Administrator shall review the application, map, and other pertinent information for completeness and accuracy in accordance with the following guidelines:
A. An application shall be filed prior to approval of a minor land division request. The applicant may request a meeting with a staff person to review the requirements and standards for a lot division prior to submission of the application. The Administrator shall either approve, approve with conditions, or deny the application within ten (10) working days from acceptance of a complete application. If denied, the Administrator shall state the specific reasons for denial and the procedure for correcting the deficiency.
B. The application may be resubmitted with corrections within ten (10) days with no further fee.
C. If an applicant believes an application for a minor land division has been improperly denied by the Administrator, the decision may be appealed. Any appeal to the Board of Adjustment shall be filed in writing within ten (10) days of the Administrator’s decision. The decision of the Board of Adjustment shall be final unless the applicant files a request for review with the Superior Court. (Ord. 15-392 § 1 (part): Ord. 98-156 § 1 (part))
16.32.070 Minor land division design standards.
A. Minimum legal access between additional lots, parcels or fractional interests shall be subject to the following schedule:
|
Original Lot |
Minimum Legal Access |
|---|---|
|
0-5 acres |
25' minimum |
|
5-10 acres |
40' minimum |
|
10+ acres |
50' minimum |
B. The legal access serving any minor land division shall include a minimum fifty (50) foot turning radius for emergency access, established by public or approved private street or easement, to serve all newly created lots. However, the minimum fifty (50) foot radius requirement may be decreased subject to the review of the applicable fire district and approval of the Administrator, provided site characteristics restrict compliance with this standard. The turning radius shall either be improved or reserved for future improvement, in accordance with the application procedures in Section 16.32.050.
C. The minor land division proposed shall be in compliance with the Town general plan and Town zoning map in accordance with Arizona Revised Statutes, Title 9, Chapter 4, Article 5.0.
D. The minor land division proposed shall be in compliance with the land development regulations, including lot size and dimensions.
E. Dedication of street or access easements for the future improvement of transportation facilities, utilities, drainage, and other improvements, if identified in an adopted capital improvement program (CIP) by the Town Council or other official plans as allowed by Arizona Revised Statutes, Title 9, Chapter 4, Article 6.0, as amended. (Ord. 15-392 § 1 (part): Ord. 98-156 § 1 (part))
16.32.080 Minor land division street improvement standards.
In reviewing a minor land division application where street improvements for dedication to the Town are proposed, the following criteria apply:
A. The applicant shall be responsible for the preparation of a complete set of engineering plans prepared by an Arizona-registered civil engineer, satisfactory to the Administrator and Town Engineer for the construction of the required improvements. The plans shall be prepared in conjunction with the minor land division map. The minor land division map shall not be recorded until all engineering plans for the required improvements have been approved by the Administrator and Town Engineer.
B. Except where expressly modified or permitted by the Administrator, proposed streets shall be in conformity with the minimum street design standards as specified in the subdivision regulations. The construction of streets shall not commence until improvement plans and profiles have been approved by the Administrator and Town Engineer. (Ord. 15-392 § 1 (part): Ord. 98-156 § 1 (part))
16.32.090 Assurance for improvements.
Pursuant to Section 16.32.080, no improvement plans shall be approved by the Administrator or his/her designee unless the applicant has posted a performance bond, surety or guaranty instrument, letter of credit, or such other security as may be appropriate and necessary to guarantee the installation of the required improvements in the manner specified within the land development regulations. (Ord. 15-392 § 1 (part): Ord. 98-156 § 1 (part))