Chapter 17.30
MINOR LAND DIVISIONS
Sections:
17.30.050 Pre-application conference.
17.30.060 Design standards and requirements.
17.30.070 Minimum required improvements.
17.30.080 Application submittal.
17.30.090 Minor land division requirements.
17.30.110 Application approval.
17.30.010 General statement.
In order to control the division of lands within the town, the hereinafter regulations have been developed. The purpose of these regulations is to ensure that the creation of new parcels of land two and one-half acres or under in size shall be of such character that there is access to a dedicated public roadway, adequate easements are available for utility services, adequate access is available for emergency vehicles, minimum lot sizes are maintained in accordance with TTC Title 18 and the land split will not adversely affect the town’s general plan. [Ord. 109 § 1, 6-1, 2007.]
17.30.020 Authority.
The authority to regulate land splits within the corporate limits of cities and towns is given by A.R.S. section 9-463.01-L; “land splits” being defined as the division of improved or unimproved land whose area is two and one-half acres or less into two or three tracts or parcels for the purpose of sale, lease or financing. [Ord. 109 § 1, 6-2, 2007.]
17.30.030 Applicability.
For the purpose of this title, a minor land division shall constitute the following acts, and shall be subject to the provisions of this title:
A. Land splits as defined in this title.
B. The division of improved or unimproved land or lands for the purpose of financing, sale, or lease, whether immediate or future, into two or three lots, tracts, or parcels of land when a new street is not involved.
C. The division of improved or unimproved land or lands for the purpose of financing, sale, or lease, whether immediate or future, into more than two parts when the boundaries of such property have been fixed on a recorded plat.
D. Lot line adjustments.
E. Maps of dedication. [Ord. 109 § 1, 6-3, 2007.]
17.30.040 Process.
The preparation, submittal, review, and approval of all minor land divisions shall proceed through the following progressive stages, except when otherwise provided herein:
A. Pre-application conference with the planning official, zoning administrator, and director of public works.
B. Submittal of the minor land division application and map by the subdivider and review by the town staff.
C. Approval, conditional approval or denial of the application by the planning official.
D. Recordation of the approved minor land division. [Ord. 109 § 1, 6-4, 2007.]
17.30.050 Pre-application conference.
The pre-application conference stage is an investigatory period preceding the preparation and submittal of the application by the subdivider. The subdivider shall initially present the proposal to the town staff who shall advise the subdivider of the specific public objectives, standards, and regulations related to the property and the procedure for minor land division review. [Ord. 109 § 1, 6-5, 2007.]
17.30.060 Design standards and requirements.
Except where expressly modified or permitted by the planning official, all minor land divisions shall be in general conformity with the lot, street, block, alley, and easement design standards and requirements specified for subdivisions. All lots created shall conform to existing zoning and the town general plan. [Ord. 109 § 1, 6-6, 2007.]
17.30.070 Minimum required improvements.
A. Except where otherwise provided in this section, it shall be the responsibility of the subdivider to improve or agree to improve all streets, pedestrian ways, and easements in the minor land division and adjacent thereto required to service the division, and to construct and install all such other improvements as specified for subdivisions. No permanent improvement work shall commence until improvement plans have been approved by the director of public works.
B. Improvements may be waived in the following situations:
1. For lot line adjustments where no new lot is created;
2. For a map of dedication;
3. When the division is to allow the construction of a single-family dwelling or manufactured home and the public works director determines that less than 50 percent of the half-street right-of-way for the side of the block on which the property is located would be improved as a result of such condition; or
4. In any case where the public works director determines that the improvement of all the abutting street or the installation of all other normally required improvements would be impractical because of considerations such as, but not limited to: type and extent of existing street improvements; inability to establish a proper street grade or alignment; physical barriers such as excessive terrain grade or washes, buildings or other structures; or other special circumstances where, in the opinion of the public works director, the immediate installation of the improvements is not deemed necessary to protect the public health, safety, and general welfare, and that the waiver of the improvement requirements would not impair the purpose and intent of this title. Provided, however, under no condition will the requirement to extend and install sewer and water be waived, if said are available.
5. The planning official may require, as a condition for the waiver of the required improvements, the execution of an acceptable form of assurance to the town of Taylor attesting that the owner(s) and their heirs, successors, or assigns agree that they will participate in the cost of the improvements abutting their property at a later date whenever it is deemed necessary by the town based on future development in the immediate area. [Ord. 109 § 1, 6-7, 2007.]
17.30.080 Application submittal.
The subdivider shall submit an application in the form prescribed by the town together with the application fee established by town council resolution and the information and materials required by this title. The subdivider shall also submit a title report showing the ownership history of the property demonstrating that a subdivision is not required. [Ord. 109 § 1, 6-8, 2007.]
17.30.090 Minor land division requirements.
A. All divisions shall be designed to comply with the requirements of the specific zoning district within which they are located.
B. No lot or parcel shall be divided in such a way that any division of such lot or parcel shall contain more dwelling units than are permitted by TTC Title 18 for which district such lot is situated. Any newly created lots shall be of sufficient size and configuration to meet applicable zoning classifications.
C. Any newly created lots shall have adequate access to public roads or highways.
D. Any newly created lots shall have adequate access to all utilities necessary and appropriate for the development proposed on the property to be divided.
E. The land split shall not adversely affect public health, safety, convenience or welfare.
F. Any information required as part of the land division submittal shall be shown graphically, or by note on plans, or by letter, or by any combination thereof, and may comprise several sheets showing various elements of the required data.
G. All minor land division maps shall contain the following information:
1. Location by quarter-section, section, township, and range.
2. Legal description of the property.
3. Name, address, and phone number of the subdivider.
4. Scale, north point, and dates of preparation and revisions.
5. Existing street dedications, on- and off-site utility easements, and lot lines of all adjacent properties must be indicated by subdivision name and the Navajo County recorder’s office book and page number; unsubdivided land must be identified as such.
6. Name, address, registration number, and seal of the registered land surveyor preparing the map.
7. Boundaries of the land to be divided fully balanced and closed showing all bearings and distances determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof.
8. One corner of the map shall be tied by course and distance to a survey monument approved by the town.
9. All existing and proposed drainage easements and natural drainage features.
10. All existing irrigation easements on the property.
11. All lots shall be identified by number or letter.
12. Proposed street dedications and public utility easements shall be identified by course, length and width.
13. Certification by a registered land surveyor preparing the map that the map is correct and accurate, and that the monuments described in it have been located as described.
14. The location and size of all proposed utilities. [Ord. 109 § 1, 6-9, 2007.]
17.30.100 Lots not permitted.
A. “T”- or “L”-shaped lots are not permitted which provide access to a street.
B. Lot frontage shall be as required by TTC Title 18. [Ord. 109 § 1, 6-10, 2007.]
17.30.110 Application approval.
If the planning official finds that the proposed land division meets all the requirements of this title, the application shall be approved or conditionally approved. The planning official shall transcribe a certificate of approval on the map, first making sure that:
A. All conditions of approval have been complied with;
B. The other required certifications have been duly signed; and
C. That any instruments for required street right-of-way and utility easement dedications have been prepared, executed, and recorded.
After the approval of the minor land division and certification of approval by the planning official, the applicant shall pay to the town the fee charged by Navajo County for recording the map. The planning official shall then promptly record such map. [Ord. 109 § 1, 6-11, 2007.]
17.30.120 Denial and appeal.
A. If the planning official disapproves the application, the subdivider shall be furnished a letter stating the reasons for the denial. The application may be refiled if suitable revisions can be made to resolve the conflicts noted by the planning official. No additional fee will be applicable if re-filing is accomplished within 30 calendar days of the notice of denial.
B. In the event that the applicant is aggrieved by the decision of the planning official, they may appeal the decision to the planning commission and town council. In the event an appeal is requested, the matter shall be placed on the planning commission agenda for a public hearing. The commission will forward a written recommendation to the town council, who will have authority to take action on the appeal. [Ord. 109 § 1, 6-12, 2007.]