Section 12-1-210 Water Adequacy
(created Ordinance #314 Effective 9/12/08)
A. The Common Council shall not approve a final plat for a subdivision, as defined in A.R.S. § 32-2101, unless one of the following applies:
1. The Director of the Arizona Department of Water Resources has determined that there is an adequate water supply for the subdivision pursuant to A.R.S. § 45-108, and the subdivider has included the report with the plat.
2. The subdivider has obtained a written commitment of water service for the subdivision from a city, town, or private water company designated as having an adequate water supply by the Director of the Arizona Department Water Resources pursuant to A.R.S. § 45-108.
B. The requirements of Subsection 12-1-210 (A) do not apply to:
1. A proposed subdivision that the Director of the Arizona Department of Water Resources has determined will have an inadequate water supply pursuant to A.R.S. § 45-108, if the Director grants an exemption for the subdivision pursuant to A.R.S. § 45-108.2 and the exemption has not expired, or the Director of the Arizona Department of Water Resources grants an exemption pursuant to A.R.S. § 45-108.3.
2. A proposed subdivisions that received final plat approval from the Town before the requirement for an adequate water supply became effective in the Town, if the plat has not been materially changed since it received the final plat approval.
a. If changes were made to the plat after the plat received the final plat approval, the Director of the Arizona Department of Water Resources shall determine whether the changes are material.
C. If the Council approves a final plat for a subdivision pursuant to 12-1-21 (A), the Council shall note on the face of the plat that the Director of the Arizona Department of Water Resources has reported the subdivision has an adequate water supply, or the subdivider has obtained a commitment of water services for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to A.R.S. § 45-108.
D. If the Council approves a final plat for a subdivision pursuant to an exemption authorized by 12-1-21 (B) (2) or granted by the Director of the Arizona Department of Water Resources pursuant to A.R.S. § 45-108.2 or to A.R.S. § 45-108.3, the Council shall;
1. Give written notice of approval to the Director of the Arizona Department of Water Resources and the Director of Environmental Quality.
2. Include on the face of the plat a statement describing the exemption under which the plat was approved, including a statement that the Council or the Director of the Arizona Department of Water Resources, whichever applies, has determined that the specific conditions of the exemption were met.
3. If the Director of the Arizona Department of Water Resources subsequently informs the Council that the subdivision is being served by a water provider that has been designated by the Director as having an adequate water supply pursuant to A.R.S to A.R.S. § 45-108, the Council shall record in the County Recorder’s office a statement disclosing the fact. (Prior code § 12-1-2)