This stage includes the approval of the final design of the subdivision, and the approval of the public improvement plans, including the submittal of the Final Plat for review and action by the Council. Also, this stage includes assurances that shall be required and approved by the Council before recording of the plat and the terms for the release of assurances and acceptance of improvements.
A. Filing of Final Plat:
1. To initiate Final Plat procedures, the subdivider shall file two (2) copies, and one (1) digital copy of the Final Plat, and an application with the Director. A digital copy of all submitted materials is required.
2. Filing Fee: At the time of filing for Final Plat approval, the subdivider shall pay a fee as fixed by the Council. If revisions are made and further review is required, additional fees may be required.
3. The Final Plat shall be presented in accordance with the requirements set forth below and shall conform to the approved Preliminary Plat or the Revised Preliminary Plat and the approved Technical Review.
B. Form of Presentation for the Final Plat:
The following information is required as part of the Final Plat submittal. All mapped data for the same plat shall be drawn at the same standard engineering scale of at least one inch equals 100 feet (1” = 100’). A copy of the Final Plat and all supporting documents is also required in a digital format.
1. The Final Plat shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black ink on polyester film (“mylar”), that when filed, results in legible prints and negatives produced from the original.
2. Sheet size shall be twenty-four inch by thirty-six inch (24" x 36") with a border line drawn completely around each sheet leaving an entirely blank margin of one half inch (1/2”) except that the binding edge shall be two inches (2”).
3. Certificates, affidavits, and acknowledgments shall be legibly stamped or printed upon the plat with black opaque ink. All signatures shall be in black water proof ink, with the ink surface coated with a suitable substance when used on polyester film to assure permanent legibility. Names and titles of signers shall be lettered legibly under their signatures.
4. Scale shall be shown with a bar scale and a written scale.
5. The exterior boundary of the subdivision shall be indicated by a heavy line.
6. Each sheet shall be numbered, the relation of one (1) sheet to another clearly shown, and the total number of sheets shown on each sheet.
7. The case number, subdivision name, date, scale and north point shall be shown on each sheet.
8. Every Final Plat shall have a title sheet either as a separate page or where the size of the subdivision permits as part of the Final Plat. Said title shall contain the following:
a. The subdivision name shall comprise the title.
b. Below the title shall be a sub-title consisting of a general description of all the property being subdivided, by reference to subdivisions or to sectional surveys.
c. References to adjacent subdivisions shall be worded identically with original records, with references to the books and pages of the subdivision.
d. Name, address, and registration number of seal of the registered civil engineer and/or registered land surveyor preparing the plat.
e. Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication and notary seals required by law and by these Regulations shall appear on the title sheet.
f. The title sheet shall show the basis of bearings.
g. A vicinity map showing the proposed subdivision and the surrounding subdivisions, dedicated right-of-way access to the subdivision, and parcels and streets located within a three hundred foot (300’) radius of the boundaries of the proposed subdivision.
9. The following survey data shall be required as a part of Final Plat submittal:
a. The corners of the subdivision shall be located on the monument lines of abutting streets; boundaries of the tract to be subdivided shall be fully balanced and closed, showing all bearings and distances, determined by an accurate survey in the field. All distances shall be shown in feet and one hundredths of feet.
b. Any excluded parcels within or surrounded by the plat boundaries shall be noted as “not a part of this subdivision” and shall show all bearings and distances of the expected parcel as determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals.
c. Location and description of cardinal points to which all dimensions, angles, bearings and similar data on the plat shall be referenced. Each of two (2) separate corners of the subdivision transverse shall be tied by course and distances to separate section corners or quarter-section corners.
d. Location of all physical encroachments upon the boundaries of the tract.
e. Ties to any Federal, State, County and Town boundary lines, section corners and quarter corners involved.
f. Name, right-of-way lines, courses, lengths, and widths of all public streets, alleys, pedestrian or bicycle ways and utility easements; radii, points of tangency, curve lengths, and central angles of all curvilinear streets, alleys and intersection corners.
g. All drainage ways shall be shown on the plat. The rights-of-way of all major drainage ways shall be dedicated drainage ways or right-of-way as determined by the Town Engineer or County Flood Control District.
h. All easements for right-of-way provided for public services or utilities and any limitations of the easements. The following notations shall be placed on all Final Plats: “Construction within easements, except by public agencies and utility companies, shall be limited to utilities, and wood, wire, or removable section type fencing.”
i. Location, dimensions, bearings, radii, arcs, and central angles of all sites to be dedicated to the Town with the use clearly indicated.
j. The limits of any one hundred (100) year flood plain identified using the standards set forth by the Director of the Arizona Department of Water Resources, together with the base flood elevation, shall be illustrated on the Final Plat. The regulatory elevation for the most critical location within each lot shall be shown on each lot that is impacted by the flood plain. A note shall also be placed on the plat indicating that “Flood Plain limits, base flood elevations and regulatory elevations may be revised by subsequent studies approved by the Yavapai County Flood Control District.”
10. The following description data shall be required as a part of Final Plat submittal:
a. All residential lots shall be numbered by consecutive numbers throughout the plat.
b. Dimensions and square footage of all lots.
c. “Tracts”, “parcels”, “exceptions” and “common open space” shall be so designated, lettered, or named, and clearly dimensioned.
d. Location of all adjoining subdivisions and developments with date, name, book and page number of recordation noted. If adjoining land is unrecorded or undivided, so shall it be marked on the plat.
e. Any existing or proposed private deed restrictions to be imposed upon the plat or any part or parts thereof pertaining to the intended use of the land, and to be recognized by the Town, shall be noted on the plat.
f. Limitations on rights of access to and from streets, lots and other parcels of land.
g. Locations and names of streets and pedestrian or bicycle ways adjacent to the proposed subdivision.
h. Typical section of proposed roadways to indicate thickness and type of surfacing, thickness of base courses as determined by soil analysis; design shall be by a Soils Engineer.
i. Detailed construction plans of all improvements on-site and off-site, prepared in accordance with all State, County and Town standards in effect at the time.
j. Locations and types of all traffic control devices in accordance with the latest manual of uniform traffic control devices by Arizona Department of Transportation (ADOT).
k. Provisions for the perpetual maintenance of private roads, recreation facilities, and/or open spaces that are part of the subdivision shall be provided for in the Property Owners Association (or other legal entities) organizational Sections of Incorporation, and must be acceptable to the Town.
l. Letters from each utility company indicating serviceability of the subdivision.
11. The following dedication and acknowledgment information is required for Final Plat submittal:
a. Dedication: There shall be required as part of the Final Plat submittal an irrevocable offer of dedication of any streets, crosswalks, drainage ways, pedestrian or bicycle ways, trails, and other easements for public use by the parties holding title of record, by parties holding titles as vendees under land contract, by spouse of said parties, lienholders and all other parties having an interest in the property. If lands dedicated are mortgaged, the mortgagee shall also sign the plat. It may also be necessary to dedicate drainage easements to the Yavapai County Flood Control district. Dedication shall include a written location by Section, Township and Range of the tract. If the plat contains private access ways, the right to install and maintain utilities, including refuse collection, in these access ways, shall be reserved.
b. Acknowledgment of Dedication: Acknowledgment of the offer of dedication shall be certified by a notary public. All parties having any record title or interest in the land being subdivided shall be included in such acknowledgments.
c. An offer of dedication to the Town or County Flood Control District for any streets, pedestrian or bicycle ways, trails, areas, drainage ways, easements and other rights-of-way for public use either immediate or in the future shall not constitute public ownership or responsibility, until the Council formally accepts said offer of a dedication by separate instrument.
12. The following certifications shall be required as a part of the Final Plat submittal:
a. Certification by the civil engineer or land surveyor preparing the plat, that the plat is correct and accurate and that the monuments described in it have either been set or located as described. All maps shall contain the seal of a civil engineer or land surveyor, whichever is applicable. Closure calculations may be required if deemed necessary by the Town Engineer.
b. Certification of plat approval by the Yavapai County Health Department.
c. A certificate signed and acknowledged by all parties having any record of title or interest in the land being subdivided offering for dedication rights of access to and from prescribed streets, lots and parcels of land.
d. A statement of adequate water supply from the Arizona Department of Water Resources, or, if served by a water company, a statement of water serviceability from the serving water company (private or public).
13. A cost estimate for constructing the required public or private improvements signed and sealed by a professional engineer who is registered to practice in the State of Arizona. The cost estimate and method/type of assurance shall be approved by the Town Engineer and/or Town Attorney prior to approval of the Final Plat.
C. Final Plat Review:
1. The Director, upon receipt of the Final Plat submittal, shall immediately record receipt and date of filing, and check it for completeness. If complete, the Director shall review the plat for substantial conformity to the approved Preliminary Plat, or revised Preliminary Plat, and forward copies of the submittal to the following reviewing parties who shall make known their recommendations in writing: the Yavapai County Flood Control District, Yavapai County Health Department, the Arizona Department of Transportation, if plat abuts a State Highway, the Clarkdale Fire District and the Town of Clarkdale Public Works/Utilities Department.
2. The Director shall assemble the recommendations of the various reviewers, prepare a concise summary of their recommendations and submit, together with the reviewer’s recommendations, to the Council. If the Director finds that the Final Plat does not conform to the Preliminary Plat, as approved by the Commission or the approved Technical Review, as approved by the Town Engineer, the Final Plat shall be submitted to the Commission for review and recommendation prior to submittal to the Council.
D. Final Plat Approval, Recording and Post Approval:
1. Upon receipt of a request for Council action from the Director, the Town Clerk shall place the case on the agenda of the next regular Council meeting, whereupon the Council shall approve or deny the plat.
2. When the certificate of approval by the Council has been transcribed on the plat, the Town Clerk shall retain the plat until the following is met:
a. The Town Engineer certifies that the subdivision has been staked and that the engineering plans, for the subdivision improvements, have been approved.
b. The required letters of assurance of improvements from each serving utility company are attached.
c. An agreement executed by the Subdivider, in a form acceptable to the Town and approved the Town Council, covering the following:
1. The subdivision improvements in a recorded development unit may be constructed in practical increments of lots, as specified by the subdivider, subject to provisions for satisfactory drainage, traffic movements, and other services as determined by the Town Engineer.
2. The improvements, except those utility facilities specified in this Chapter, shall be constructed in accordance with plans approved by the Town Engineer and the appropriate Town department for water and public sanitary sewer facilities, and by the Town Engineer for all other improvements. If the location of the development so requires, water and sanitary sewer facilities shall also be constructed in accordance with plans approved by the appropriate State and County departments.
3. The improvements, except those utility facilities specified in this Chapter, shall be completed within a specified time period, for each increment, as determined by the Town. An extension of time may be granted under conditions specified therein.
4. The subdivider shall give adequate assurance of the construction of each increment in accordance with this Chapter.
5. Progress payments may be made to the subdivider on order from any cash deposit made. Such progress payments shall be made in accordance with standards established by the Town Engineer.
6. Any work abandoned or not completed by the subdivider may be completed by the Town, and the Town shall be entitled to recover the construction costs from the subdivider’s financial assurances posted with the Town, and if insufficient, from the subdivider.
7. Construction of all improvements within streets and easements, except those utility facilities specified in this Chapter, shall be subject to inspection by the Town Engineer.
9. With regard to on-site and off-site street and utility improvements accepted for maintenance by the Town of Clarkdale, the subdivider shall warrant all workmanship and materials involved in such improvements for a period of one (1) calendar year after the date of written acceptance.
10. Assurance of Construction:
a. To ensure construction of the required improvements as set forth above in this Section (except those utility facilities specified in this Chapter), the subdivider shall deposit with the Town an amount in cash or a letter of credit equal to the amount of the cost of the work of each recorded increment (as determined by the Town Engineer) guaranteeing that the work will be completed in accordance with Town details and specifications. The letter of credit shall be executed by the subdivider, as principal, with a corporation duly authorized to transact business in the State of Arizona, as surety. The letter of credit or cash shall be released upon satisfactory performance of the work and its acceptance by the Town Engineer. The letter of credit may be canceled or the cash withdrawn by the subdivider, provided that other security satisfactory to the Town has been deposited which will cover the remaining obligations of the subdivider. The Town shall provide written acceptance of the other security prior to the subdivider canceling the letter or requesting release of security held as an assurance of construction.
b. Any alternative forms of assurance, such as a surety bond, must be approved by Town Council during the final plat approval process.
c. The duration of financial assurances shall be for thirteen (13) months, from the date of recording. Extension of time in one (1) year increments may be granted by the Council upon good cause. The assurance shall remain in force and effect until it is released by the Council or has been authorized for partial release as provided herein.
d. The Town Engineer, upon receipt of a certification from the Engineer of Record, may authorize a reduction of the financial assurance for the work completed in accordance with the approved cost estimate and construction plans. Ten percent (10%) of the estimated cost of completed improvements shall be retained to insure sufficient funds remain to insure completion of the improvements, final inspections and preparation of final “as-built” plans.
e. In the event the subdivider defaults or fails or neglects to satisfactorily install the required improvements within one (1) year from the date of recording, the Town Council may declare the assurance forfeited, and the Town may make or cause the required improvements to be made, using the funds from the financial assurance to pay the full expense thereof. In addition, the Director shall notify the State Real Estate Commissioner of the default.
f. If good cause is shown by the subdivider, the Council may extend the term of the assurance and the time limit for completion of subdivision improvements.
11. Upon receiving certification from the Town Engineer and the assurances required by these Regulations, the Town Clerk shall cause the Final Plat to be recorded in the Office of the Yavapai County Recorder.
12. Inspection: The subdivider, using the services of an Arizona registered Professional Engineer and plans as approved by the Town Engineer, shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than thirty (30) days prior to the release date of the assurance, the Engineer of Record shall make an inspection of the improvements and shall submit a set of “as-built” construction plans, if complete, or a report on the status of improvements, if only partially complete, to the Town Engineer.
13. A fee may be imposed by the Council for the inspection by the Town Engineer.
14. Report to Council: The Town Engineer will review the “as-built” plans and/or report, with the subdivider’s Engineer of Record and notify the subdivider of any noncompliance with the approved construction plans or with these Regulations. If the Town Engineer determines that compliance has been made, he will then submit a report to the Council, setting forth the conditions of such facilities.
15. Release: A certificate sealed by the Engineer of Record on the “as-built” plans stating that the construction has been completed in substantial conformance to the specifications and standards contained in or referred to herein, must be approved by the Town Engineer and presented to the Council prior to the final release of assurances. If all of the improvements comply with Town Standards, the Council shall release the guarantee. If the condition of materials or workmanship show unusual depreciation or does not comply with Town Standards, the Town Engineer may present this information to the Council who may declare the subdivider in default.
16. Once the improvements are approved and the assurances released, the Council shall review the improvements for acceptance into the Town system for maintenance.
17. If the Council approves the plat, the Town Clerk shall transcribe a certificate of approval upon the plat, first making certain that the other certifications required by these Regulations, have been duly signed. (Prior code § 12-4-5)