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Abandonment: When the Council by proper action and public hearings abrogates all rights to any lots, streets, public ways, easements, or right-of-ways.

Access, Legal: Means by which pedestrians and vehicles have ingress and egress, to and from, a lot or parcel, by way of either a dedicated public street or an easement granting ingress/egress to any lot or parcel.

ADEQ: The Arizona Department of Environmental Quality.

ADOT: The Arizona Department of Transportation.

ADT: Average Daily Traffic. The average number of motor vehicles per day that pass over a given point.

Air Rights: A free interest in a three-dimensional air space in relation to a specified surface property.

Alley: A public right-of-way used to provide secondary vehicular access to properties that abut it.

Arterial Route: Provides for through traffic with limited access to abutting properties and includes major streets or highways having regional continuity.

As-Built Plans: Construction/engineering plans prepared after the completion of construction by the engineer of record and in such a manner as to accurately identify and depict the location of in place improvements.

Assurance: A guarantee that the specific improvements and services will be accomplished. This must be in the form of irrevocable letter of credit, a certificate of deposit or a certified check for construction of improvements. Utility service assurances may be provided by letter from water, electric, gas, communication and other appropriate utility companies to guarantee improvements.

Bicycle Lane: A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.

Block: A piece or parcel of land or group of lots entirely surrounded by public right-of-way, streams, railroads or parks, or combination thereof.

Cartway: The total surface area (either paved or graveled) within the easement of right-of-way for vehicular traffic and/or parking.

Certificate: A formal written statement intended as an authentication of the fact(s) asserted and set forth, under seal of a notary or registered professional.

Channel: The bed and banks of a natural or man-made stream which convey the constant or intermittent flow of the stream.

Circulation Plan: That portion of the General Plan designating and describing the existing and future street system of the Town.

Collector Street: Provides for traffic movement between and within neighborhoods and between arterial and local streets and access to abutting property.

Commission: Town of Clarkdale Planning Commission is the advisory agency of the Council, has the full power and authority to investigate any and all matters pertaining to a proposed subdivision, to make findings of fact in relation thereto and as defined in Section 17-1-5 of the Town Code of Clarkdale.

Common Open Space: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements. Common Open Space does not include right-of-ways.

Conditional Approval: An affirmative action by the Commission and/or Council indicating that approval will be forthcoming upon satisfaction of certain specified stipulations.

Condominium: An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, commercial or industrial complex located on such real property. This condominium may include cluster housing or semi-detached housing. In addition, a condominium may include separate interest in other portions of such real property.

Construction Plans: Plans, profiles, cross-sections, and other required details for the construction of improvements, prepared by an engineer, registered in the State of Arizona, in accordance with the approved Preliminary Plat and in compliance with standards of design and construction approved by the Council. Engineering plans.

Corner Lot: A lot abutting on two (2) or more intersecting streets.

Council: The Common Council of the Town of Clarkdale.

County: Yavapai County, Arizona.

Cul-de-sac Street: A local street having one end permanently terminated in a vehicular turnaround.

Dead-end Street: A street with one (1) outlet but without a permanent provision for turning around, and which may be further extended into adjoining property.

Dedication: An offer of real property by its owner(s) to the Town of Clarkdale for any general or public use.

Deed Restrictions and Protective Covenants: A written contractual agreement between two (2) or more individuals or parties setting forth rules, regulations and expectations surrounding the use of subdivided or unsubdivided property.

Density: A ratio expressing the number of dwelling units per acre.

Design Storm: The rainfall event of specific frequency and duration which produces the design flow.

Detention Basin: A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

Development: The utilization of land for public or private purpose involving property improvement or the change of land use.

Director: The Director of Community Development or person designated by the Town Manager who is responsible for planning functions.

Driveway: A vehicle access, paved or unpaved, that allows vehicle access from a street to a structure or other facility.

Easement: A legal interest in land granted by the owner to another person or the general public, which allows that person, or the general public, the use of all or a portion of the owner’s land, generally granted for a stated purpose including, but not limited to, access or utility placement.

Engineer of Record: A professional engineer registered in the State of Arizona and employed by the owner or developer to design and/or inspect improvements.

Engineering Plans: Plans, profiles, cross-sections, and other required details for the construction of public improvements, prepared by an engineer, registered in the State of Arizona, in accordance with the approved Preliminary Plat and in compliance with standards of design and construction approved by the Council. Construction plans.

Exception: Any parcel of land which is within the boundaries of the subdivision but which is not owned by the subdivider.

Fill: A deposit of soil, rock or other material placed by a person.

Final Approval: Approval of the Final Plat by the Council, as evidenced by certification on the plat by the Town Engineer and signed by the Mayor of the Town of Clarkdale attested by the Town Clerk which constitutes authorization to record a plat when improvement plans have been approved and an adequate assurance has been posted to guarantee the installation of the improvements.

Final Plat: A map of all or part of a subdivision providing substantial conformance to an approved Preliminary Plat, prepared by a registered professional engineer or a registered land surveyor in accordance with Section 12-3-050-D of these Regulations, as applicable, which is presented for final approval.

Flag Lot: A lot with a developable area connected to a public road by a narrow strip of land wide enough for a driveway.

Flood Plain, Delineated: That area delineated and mapped as a flood plain, as approved by Council and as shown on the National Flood Insurance Program, flood insurance maps and Yavapai County flood maps.

Frontage: That portion of a lot or parcel contiguous with a street or highway.

General Plan: The Clarkdale General Plan or parts thereof, providing for the future growth and improvement of the Town and for the general location and coordination of streets and highways, schools, parks, recreation sites, sewers, and other public facilities.

Grading: Any excavating, filling, or combination thereof that involves changing the natural drainage pattern.

Half Width Street: A half (1/2) width street constructed with one (1) edge coincident with a tract boundary which will be the future centerline of the street.

Improvements: Such street work, flood and drainage work, utilities, sewers, and other desirable facilities to be installed by the subdivider on the land for public or private streets, highways, bicycle ways, pedestrian ways, trails and easements for the general use.

Interior Lot: A lot having but one (1) side abutting on a street.

Landlocked: A lot or parcel of land with no platted public or private road frontage or no easement(s) for vehicle access and utilities.

Land Split: The division of improved or unimproved land, two and one-half (2 ½) acres or less in area that does not include a new street, into two (2) or three (3) parcels of land, for the purpose of sale or lease. A Minor Land Division.

Land Surveyor: A professional individual registered with the State of Arizona in the field of land surveying.

Local Street: Provides for direct access to residential, commercial, industrial, or other abutting land and for local traffic movements and connects to collector and/or arterial streets.

Lot: A piece or parcel of land separated from other pieces or parcels by description, as in a subdivision or on a record survey map, or by metes and bounds, for the purpose of sale, lease or separate use.

Lot Width: The width of a lot shall be:

A. If the side property lines are parallel, the shortest distance between these parallel lines.

B. If the side property lines are not parallel, the shortest distance between the side lot lines measured at the narrowest point between the required front or rear building setback line for the zoning district in which the lot is located.

Minor Land Division: The division of improved or unimproved land that does not include a new street, into two (2) or three (3) parcels of land, for the purpose of sale or lease. A land split.

Minor Subdivisions: Improved or unimproved land or lands which cannot be split in accordance with the Minor Land Division Section of the Town of Clarkdale Subdivision Regulations, that is divided for the purpose of financing, sale or lease, whether immediate or future into between four (4) and ten (10) lots, tracts or parcels of land, or the division of land that already has boundaries fixed by a recorded plat, which cannot be split in accordance with the Minor Land Division Section of the Town of Clarkdale Subdivision Regulations, and which is divided into between two (2) and ten (10) parts. Minor Subdivision also includes any condominium, cooperative, community apartment, townhouse or similar project containing between four (4) and ten (10) parcels, in which an unsubdivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon and which cannot be split in accordance with the Minor Land Division Process that is a part of the Town of Clarkdale Subdivision Regulations.

Neighborhood Plan: A sketch plan designed by the Town to guide the platting of remaining vacant parcels in a partially built-up neighborhood so as to make reasonable use of all land, coordinate street patterns, and achieve the best possible land use relationships.

Open Space: Any parcel or area of land or water unimproved or improved and set aside, dedicated, designated, or reserved for the public or private use and enjoyment of the public or the owners and occupants of land adjoining or neighboring such open space.

Owner: Any legal entity holding title by deed to the land, or holding title as vendees under land contract or holding any other title of record.

Parcel: Real property with a separate and distinct number or other designation shown on a plan recorded in the office of the County Recorder, or real property delineated on an approved record of survey, parcel map or subdivision map as filed in the office of the County Recorder and abutting at least one (1) public right-of-way or easement determined by the Director or the Commission to be adequate for the purpose of access.

Park: An area dedicated to recreation and/or cultural and artistic opportunities, active and/or passive, as defined by the Clarkdale Town Council on February 14, 2012 and is designed to serve the residents and visitors of a neighborhood or the Town.

Pedestrian/Bicycle Way: A public walk and bicycle path dedicated entirely through a block from a street and or providing access to a school, park, recreation area or shopping center.

Planned Area Development: (PAD) An area of minimum size, as specified by ordinance, to be planned, developed, operated, and maintained as a single entity containing one (1) or more structures to accommodate commercial, industrial, office or residential uses or combination thereof, and appurtenant common areas and other uses incidental to the predominant uses. See Zoning Code for complete definition.

Plat: A map or maps of a subdivision.

Pre-Application Conference: An initial meeting between subdividers and municipal representatives which affords subdividers the opportunity to present their proposals informally. (See Section 12-4-020 of these Regulations, as applicable.)

Preliminary Approval: Approval of the Preliminary Plat by the Commission and Council, as evidenced in their meeting minutes and noted upon prints of the plat, constitutes authorization to proceed with engineering plans and Final Plat preparation.

Preliminary Plat: A tentative map or maps, including supporting data, indicating a proposed subdivision development, prepared in accordance with Section 12-4-030 of these Regulations, presented for preliminary approval.

Private Access Way: A common driveway providing immediate access from a public right-of-way or private street to a residence or small group of residences, or divided interests in air rights exempt from management, maintenance and liability responsibilities on the part of the Town.

Private Street: A street or way owned and maintained by an individual or group of individuals providing the right to controlled access to one (1) or more lots, parcels, or divided interests in air rights exempt from management, maintenance and liability responsibilities on the part of the Town. The Town reserves the right to install, permit, maintain or permit to be installed and maintained, utilities in the right-of-way, including surface use for refuse collection and public safety services.

Public Improvement Standards: A set of regulations or standards, adopted by the Town, setting forth the details, specifications, instructions and procedures to be followed in planning, design and construction of certain public improvements in the Town.

Public Open Space: An open space area conveyed or otherwise dedicated to a government agency or other public body for recreational, cultural or conservation uses. Public Open Space does not include right-of-ways.

Recorded Plat: A Final Plat bearing all of the certificates of approval required of Section 12-4-050 D of these Regulations, as applicable, and duly recorded in the Yavapai County Recorder’s Office.

Regulations: The Town of Clarkdale Subdivision Regulations as contained herein.

Re-subdivision: The changing of design, subdivision name, lot lines, size of lots, or road alignment of any recorded or approved subdivision in the Town.

Retaining Wall: A wall or terraced combination of walls used solely to retain more than eighteen inches (18”) of earth, but not to support or to provide footing for a structure.

Right-of-Way: (ROW) An area of land dedicated to the public and fee simple title conveyed to the Town for drainage, pedestrian, trail, bicycle, utility, street lighting, landscaping or roadway purposes.

Sanitary Engineer: A professional engineer registered in the State of Arizona to practice in the branch of sanitary engineering.

Sketch Plan: A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

Statutory Dedication: The dedication of land for general or public use to the Town as required by these Subdivision Regulations as a condition for acceptance of a subdivision plat for filing.

Street: Any street, avenue, boulevard, road, lane, parkway, place, viaduct, or other way which is an existing state, county, or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way in a plat duly filed and recorded in the County Recorder’s Office. A street includes the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, curbs, gutters, sidewalks, drainage apparatuses, or other improvements.

Subdivider: A subdivider shall be deemed to be the individual, firm, corporation, partnership association, syndication, trust or other legal entity that files the application and initiates proceedings for the subdivision of land in accordance with the provisions of these Regulations and said subdivider need not be the owner of the land.

Subdivision: 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 the division of land that already has boundaries fixed by a recorded plat, which is divided into two or more 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 the right of exclusive occupancy of any unit located thereon.

Subdivision” does not include the following:

A. The sale or exchange of parcels of land to or between adjoining property owners if the sale or exchange does not create additional lots.

B. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership.

C. The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases. Subdivision Committee: A committee established to minor subdivisions applications, to provide guidance to the subdivider, and to perform other duties as the Council and Commission may require (see Section 12-1-160).

Subdivision Design: Street alignment, grades and widths, alignment and widths of easements and right-of-way for drainage, sanitary sewers and public utilities, streets, roads, pedestrian ways, the arrangement and orientation of lots and locations of buildings, if required, together with refuse collection and maintenance easements in condominium developments.

Technical Review: The detailed review by the Town Engineer to approve all details of the engineering plans and specifications for public improvements before recommending that the subdivider proceeds with Final Plat procedures.

Through Lot: A lot abutting two (2) streets that do not intersect while adjoining the lot.

Town: The Town of Clarkdale, Arizona.

Utilities: Installations or facilities, underground or overhead, furnished for the use of the public; electricity, gas, steam, communications, water, drainage, sewage disposal, or flood control, owned and operated by any person, firm corporation, municipal department, or board, duly authorized by state or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments, or boards, as applicable herein.

Utility Easement, Public: An easement granted to a utility company or governmental agency to be used for the public placement of utilities.

Vicinity Map: A map, chart or diagram showing the geographical location of a proposed development in relationship to the surrounding region as indicated by various physical features.

Zoning: Restrictions on the use of land as regulated in the Town Zoning Code. (Prior code § 12-2-2)