Joint Legislative Study Committee on the Constitutional Regulation of Private Real Property: [final report]

              Joint Legislative Sfudy Commiftee
on fhe
Constitutional Regulation
of
Private Real Property
Compilation of Reports
Submitted Pursuant to
Laws 1995, Chapter 166
( House'Bill2229)
November 1995
e Note: Matrix based on information contained in submitted reports.
Note: Matrix based on information contained in submitted reports.
0 Note: Matrix based on information contained in submitted reports.
Note: Matrix based on information contained in submitted reports.
CONTENTS
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APACHE COUNTY
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ApacheJunction
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Avondale
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Benson
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R. ia hpp
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Buckeye
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bullheadcity
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CampVerde
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CasaGrande
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CaveCreek
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chandler
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ChinoValley
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clarkdale
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clifton
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C OCHISE COUNTY
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COCONINO COUNTY
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coloradocity
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coolidge
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cottonwood
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Douglas
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eager
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ElMirage
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eloy
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Flagstaff
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Florence
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FountainHills
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GILACOUNTY
28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gilbert
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Glendale
30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Globe
31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Goodyear
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GRAHAM COUNTY
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GREENLEE COUNTY
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guadelupe
35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holbrook
36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kearney
37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kingman
38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LakeHavasuCity
39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LAPAZCOUNTY
40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LitchfieldPark
41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marana
42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M ARICOPA COUNN
43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mesa
44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miami
45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MOHAVE COUNTY
46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NAVAJO COUNTY
47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nogales
48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orovalley
49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page
50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ParadiseValley
51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parker
52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payson
53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Peoria
54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Phoenix
55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PIMACOUNN
56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PINALCOUNTY
57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pinetop- Lakeside
58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescott
59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PrescottValley
60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . QueenCreek
61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Safford
62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t. Johns
63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SanLuis
64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SANTA CRUZ COUNTY
65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scottsdale
66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sedona
67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ShowLow
68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sierra Vista
69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Snowflake
70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Somerton
71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SouthTucson
72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superior
73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surprise
74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taylor
75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pe
76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thatcher
77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tolleson
78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tucson
79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wikenbur g
80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Willcox
81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W i l l i a m s
82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Winslow
83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YAVAPAI COUNN
84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Youngtown
85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yuma
86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YUMACOUNTY
APACHE COUNTY ARIZONA i COUNTY DEVELOPMXNT AND COMNUNITY SERVICES
A RESOLUTION OF THIE BOARD OF SUPERVISORS OF APACHE cowry
ESTABLISHING A PROCEDURE: FOR APPEALS OF ADMTNXSTRATIVELY IMPOSED
DEDICATIONS OR EXACTIONS REQLJIREMENTS IN ACCORDANCE WITH
A. R. S. 1 1- 8 10
W R E A S , the state of & ona has enacted A. R. S. 11- 810 mandating the
counties establish an appeals process to respond to, and comply with, limitations placed on
governments' actions regarding the regulation of real property as articulated by certain United
States Supreme Court cases; and,
WHEREAS, A. R. S. 1 1- 810 ct. sea, requires the County to establish procedures for
allowing appeals of dedication and exaction requirements, which an administrative agency or
oEcial of the County has placed, as a condition of approval, on the use, improvement, or
development of real property. a NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS THAT:
SECTION I: The Apache County Policy on Appeals of Dedication and Exaction
Requirements, which is attached to the Resolution as Exhibit 1 and incorporated herein by this
reference, is hereby adopted and the Apache County Board of Adjustments and Appeals is hereby
designated as the hearing officer for purposes of complying with A. R. S. 11- 810 gLw& i
SECTIO1. I IZ: If any provision of the Resolution, or the application thereof to any person
or circumstance is invalid, the invalidity shall not affect other provisions or applications of this
Resolution which can be given meaning without the invalid provision.
PASSED AND ADOPTED this 24* day of OC-~~? L. ( 19 95.
ATTEST:
-. 43yLtLJ
Clarence Bigelow, C% rk Arthur Lee, Chairman
P. O. 6ox 238 . St. Johns, Arizona 85938
Phone ( 602) 337- 4364 Ext. 297 1 FAX ( 602) 337- 2003
EXHIBIT 1
APACHE COUNTY POLICY ON APPEALS OF DEDICATIONS AND
EXACTIONS REQUIREMENTS
SUMMARY
In addition to other rights granted to property owners by the United States and Arizona
Constitution, federal and state law and Apache County ordinat~ ceso r regulations, this shall serve
as notification of the right to appeal any dedication or exaction which is required of a property
owner by an administrative agency or official of Apache County as a condition of granting
approval of a request to use, improve or develop real property. A dedication or exaction required
in a legislative act ofthe County Board of Supervisors that does not give discretion to a County
administrative agency or official to determine the nature or extent of the dedication or exaction is
not subject to appeal under these procedures.
" Dedication" means the conveyance of a fee simple or easement interest in private real propeny to a Apache County for public use.
" Exaction" means a requirement either ( a) to construct a public improvement or facility; or ( b) to
pay money in lieu of construction of a public improvement or facility.
Property owners who wish to appeal are hereby notified of the following procedure:
1. The apeal must be in writing and filed with or mailed to the Board of Adjustments
and Appeals ( BOAA) within 30 days after the administrative agency or official has made
the determination requiting the dedication or exaction. The determination must be in
writing and include a statement informing the property owner of the appeal PFQCeSS. The
address of the Board of Adjustments and Appeals is as follows:
BOAA - Exactions Appeal
Apache County Planning Department
P. O. Box 238
St. Johns, AZ. 85936
ii, No t'ee will be charged for filing the appeal.
iii. A hearing will be scheduled before the BOAA within 30 days of receipt of a
written appeal. The County will bear the burden of proving that there is an essential nexus
between the dedications or exactions to be imposed and a legitimate governmental interest
and that the proposed dedication or exaction is roughly proportional to the impact of the
use, improvement or development proposed by the property owner.
iv. Ten days notice will be given to the appellate of the date, time and place of the
hearing unless the property owner indicates in the request that less notice is acceptable,
No additional public notification of the hearing will be tnade.
v. The Board of Adjustments and Appeals must render a decision within five working
days after the appeal is heard.
vi. The Board of Adjustinents and Appeals can afirrn the dedication or exaction,
rnodifjr it or delete the requirement.
vii. If a property owner is dissatisfied with the decision of the Board of Adjustments
and Appeals, a complaint may be filed for a trial de novo with the Superior Court within
30 days of the Board of Adjustment's decision.
i. No pre- hearing discovery shall be permitted absent extraordinary circutnstances.
Immediately prior to the hearing, the parties to the proceeding shall produce for inspection
any prepared exhibits and written or recorded statements of any witness which may be
offered at the hearing. Failure to comply with this rule may result, at the Board of
Adjustments and Appeals discretion, in the granting of a recess or continuance to permit
such inspection, or denying admission of the evidence not so exchanged.
L The Arizona Rules of Evidence shall not apply before the Board of Adjustments
and Appeals. Any evidence offered may be admitted subject to a determination by the
Board of Adjustments and Appeals that the offered evidence is relevant and material and
has some probative value to a fact at issue. Nothing is this rule is to be construed as
abrogating any statutory provision relating to privileged comntunications.
A copy of House Bill 2229, A. R. S. 11- 8 I0 is attached hereto and made a part of this
policy.
RECEIVED
OCT 1 6 1995
City Attorney
Vity 08 & jwacli, & nctian
October 13, 1995
Representative Mark Killian
Speaker of the House
1700 West Washington, House Wing
Phoenix, Arizona 85007
RE: Report by City of Apache Junction in Conformance with the 1995
Arizona Session Laws
Dear Representative Killian:
Attached hereto is a certified copy of Resolution No. 95- 24, a
resolution of the Mayor and City Council of the City of Apache
Junction, Arizona, approving Report by City of Apache Junction in
conformance with the 1995 Arizona Session Laws, 42nd Legislature,
First Regular Session, Chapter 166, Section 3.
Pursuant to the provisions of that law, the resolution adopts as its
report to the Legislature Exhibit " A" to said resolution as being
the required report to the Office of the Governor of the State of
Arizona, the Speaker of the House of Representatives, and the
President of the Senate of the State of Arizona.
Attached to the Report is a copy of Resolution No. 95- 20 which
appointed a hearing officer pursuant to A. R. S. § 9- 500.12 andprovid-ed
a method of notice to real property owners of their rights of
appeal.
tions, or I can be of assistance in any manner,
te to call.
G~ G/ ajd
Attachments
1001 N. IDAHO ROAD APACHE JUNCTION, AZ 85219 PH. ( 602) 982- 8002 Voice - ( 602) 983- 0095 TDD I
C E R T I F I C A T E
I certify that I am the duly appointed, qualified, and acting City Clerk of the City of Apache
Junction, Arizona; that as such, I have in my possession all of the resolutions as adopted by
the City Council of the City of Apache Junction, Arizona; and that the attached is a true
l
and correct copy of Resolution No. 95- 24, which was presented to the City Council on
October 3, 1995, as it appears in my records.
Kathleen Connelly
City Clerk
/ 3 / 97s-
Date
1001 N. IDAHO ROAD APACHE JUNCTION, AZ 85219 PH. ( 602) 982- 8002 Voice - ( 602) 983- 0095 TDD
RESOLUTION NO. 95 - 24
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION. ARIZONA, APPROVING REPORT BY CITY OF
APACHE JUNCTION I N CONFORMANCE WITH THE 1995 ARIZONA
SESSION LAWS, 42ND LEGISLATURE, FIRST REGULAR SESSION,
CHAPTER 166, SECTION 3.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA. AS FOLLOWS:
Section 1. That Chapter 166, Section 3 o f the 1995 Arizona Session
Laws, as adopted by the 32nd Legislature, F i r s t Regular Session,
provides that every c i t y and town with a population of more than
2,000 shall submit a report t o the Office of the Governor o f the
State of Arizona, the Speaker of the House o f Representatives, and
the President o f the Senate of the State o f Arizona showing that the
ordi nances , rules and admi n i s t r a t i ve procedures o f the responding
c i t y or town comply with the United States Supreme Court cases o f
Do7an v. City o f Tigard. 512 U. S. ( 1994); No77an v. Ca7ifornia
Coastal Comnission, 483 U. S. 8257D87); Lucas v. South Caro7ina
Coasta 7 Counci 7 , U. S. ( 1992) ; F i r s t Eng7 ish Evange7 ica 7
Lutheran Church v. County ones Ange7es. 482 U . S. 304 ( 1987) ; and
any Arizona or federal appell ate court decisions that are binding on
Arizona c i t i e s and towns.
Section 2. The City of Apache Junction hereby approves and adopts
as i t s report Exhibit " A" attached hereto and by t h i s reference
incorporated herein.
Section 3. That by t h i s resolution the City o f Apache Junction
hereby directs that the City Manager and the City Attorney shall
cause said report t o be f i l e d with the Office of the Governor o f the
State o f Arizona, the Speaker of the House o f Representatives, and
the President o f the Senate of the State o f Arizona not l a t e r than
November 1, 1995. together with a copy of t h i s resolution.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 3rd DAY OF OCTOBER, 1995.
SIGNED AND AlTESTED TO THIS 4th DAY OF OCTOBER, 1995.
Mayor
RESOLUTION NO. 95- 24
PAGE 1 OF 2
ATTEST :
KATHLEEN CONNELLY A
City Clerk
RESOLUTION NO. 95- 24
PAGE 2 OF 2
REPORT BY CITY OF APACHE JUNCTION
IN CONFORMANCE WITH THE 1995 ARIZONA SESSION LAWS,
42ND LEGISLATURE, FIRST REGULAR SESSION,
CHAPTER 166, SECTION 3
COMES NOW the City of Apache Junction and hereby files with the
Office of the Governor of the State of Arizona, the Speaker of the
House of Representatives, and the President of the Senate of the
State of Arizona, a report in conformance with the requirements of
Chapter 166, Section 3 of the 42nd Legislature, first regular
session, 1995. The provisions of this section provide that every
city and town with a population of more than 2,000 persons shall
submit a report to show that the ordinances, rules and administra-tive
procedures of the responding city comply with the United States
Supreme Court cases of Dolan v. City of Tigard, 512 U. S.
( 1994); Nollan v. California Coastal Commission, 483 U. S. 825
( 1987) ; Lucas v. South Carolina Coastal Council, U. S. -
( 1992) ; First English Evangelical Lutheran Church v. County of Los
Angeles, 482 U. S. 304 ( 1987) ; and any Arizona or federal appellate
court decisions which are binding on Arizona cities and towns.
This provision demonstrates a concern with requiring the
dedication or exaction of property rights as a condition of munici-pal
approval related to the development or use of real property.
This report is an analysis of the existing ordinances and adminis-trative
procedures of the City of Apache Junction which may be
interpreted by a layman as imposing dedications or exactions as a
condition of the use or development of real property. ' in the
analysis, whenever the City requires a dedication or an exaction,
@ regardless of whether or not by administrative or legislative
action, this report will show that there is an essential nexus
. between the dedication or exaction and a legitimate governmental
interest; that the proposed dedication or exaction is roughly
proportional to the proposed use, improvement or development; as
well as the procedural safeguards contained within the ordinances
or administrative procedures of the City of Apache Junction, which
will ensure that such is the case.
I. ZONING ORDINANCE
In the process of implementation of certain sections of the
Zoning Ordinance of the City of Apache Junction, it is possible that
a property owner might be required to make a dedication or an
exaction in exchange for municipal approval for the use, improvement
or development of real property.
A. Rezoning
When a property owner is seeking a rezoning of real
property, it is possible that the City of Apache Junction may
require a dedication or exaction.
Pursuant to Section 13.0109 of the Apache Junction Zoning
Ordinance, the City of Apache Junction may require as a condition
of rezoning dedication of right- of- ways of streets, alleys, public
ways, drainage and public utilities as may reasonably be required
by or related to the effect of the zoning. The ability of the City
Council to make such a requirement is constricted by the provisions
of A. R. S. § 9- 462.01( A) ( 7 ) . The standard as embodied withinA. R. S.
§ 9- 462.01( A) ( 7 ) mirrors the judicial tests for reviewing debelop-ments
exactions. See Dolan v. City of Tigard, 512 U. S. ( 1994);
- Page 2 -
Nollan v. California Costal Commission, 483 U. S. 825 ( 1987) ; and
Transamerica Title Insurance Co. v. City of Tucson, 23 Ariz . App.
385, 533 P. 2d 693 ( 1975).
Rezonings are decisions made by City Council after notice
and full public hearing. These are legislative decisions and do not
include the exercise of discretion by an administrative official or
agency in the final decision regarding the nature or extent of the
dedication or exaction involved.
B. Planned Development Zoning
Article 19 of the Zoning Ordinance of the City of Apache
Junction provides the regulations for a Planned Development Zoning
District. The purpose of this Article is to achieve the objectives
of the Zoning Ordinance by the promotion of planned developments
which do not conform in all respects to the land- use patterns and
regulations of conventional zoning.
The procedure involved is essentiallyathree- step process
consisting of ( 1) base zoning; ( 2) preliminary plan approval; and
( 3) final plan approval.
With respect to the base zoning application, this is a
rezoning process identical to the rezoning process for any other
zoning district. There is a hearing before the Planning and Zoning
Commission, as well as the City Council, prior to approval. It is
an action by legislative enactment. In the preliminary plan step,
the property owner provides a site- development plan with certain
data as indicated in Section 19.0104( 2) of the Zoning Ordinance.
Upon presentation of this data, the City staff reviews the plan to
- Page 3 -
ensure it meets the requirements of the City and to be able to make
appropriate recommendations to City Council. Staff does not make
a final decision. The matter is then presented to City Council
either as part of the basic rezoning of the property to Planned
Development Zoning District, or as a separate item. Decisions
regarding the preliminary plan are made by the City Council. The
third step is that within one year of approval of the preliminary
plan, the applicant shall file a final plan for the entire develop-ment
for approval by City Council.
With respect to dedications or exactions, the City may
require as a condition of approval dedication of streets, public
easements, provision for underground utilities, or provision for
recreation facilities. The planned development process is one where
the property owner usually achieves the ability to build and develop
property in accordance with lesser standards than that which would
normally be imposed in exchange for the dedications and other
exactions as may be required for planned development approval. They
are made as a result of a process of negotiation between the proper-ty
owner and the City. Again, the process requires public hearing,
comment and debate, as well as City Council action. Final decisions
regarding dedications or exactions are not made by staff. Decisions
regarding dedications or exactions are made by a legislative act of
the City Council.
C. Conditional Use Permit
Another area wherein a dedication or exaction is ~ d'ssible
within the Zoning Ordinance is when a property owner seeks a condi-
- Page 4 -
tional use permit. By seeking a conditional use permit, the owner
is seeking permission to use property for a use which would normally
be inappropriate with the surrounding neighborhood, unless certain
restrictions or other conditions were imposed, thereby making the
use compatible with surrounding property.
The process through which a conditional use is obtained is
provided in Article 6 of the Zoning Ordinance of the City of Apache
Junction. By this process, the property owner files an application
and gives specific details of the proposed use, a scaled site plan,
and the exact specifications of the structure or area in which the
use will be conducted. The application is considered by the Plan-ning
and Zoning Commission at a public hearing. The approval of a
request for a conditional use permit, with or without conditions,
a is made by a resolution of the Planning and Zoning Commission. A
conditional use permit may be granted only upon a finding by the
Commission that the use covered by the permit, the manner of its
conduct, and any structure involved will not be detrimental to any
person residing or working in the area, to adjacent property, to the
neighborhood, or to the public welfare in general. The burden of
proof for satisfying the aforementioned requirements rests upon the
property owner. In arriving at the determination, Section 6.0101 ( 3)
of the Zoning Ordinance provides specific criteria the Commission
must consider.
Decisions regarding conditional use permits have a ratio-nal
or reasonable nexus to a proper public purpose promotihg the
public safety, health, or welfare, and impose burdens which are
- Page 5 -
roughly proportional to impacts created by the specific use of the
property involved.
The approval, with or without conditions, or denial of a
conditional use by the Planning and Zoning Commission may be ap-pealed
by any affected person to the City Council. If there is an
appeal, the City Council then holds a public hearing, at which time
it may uphold, modify, or overrule the decision of the Planning and
Zoning Commission.
In the granting of the conditional use permit, it is
possible to determine that roadways, public facilities, or services
necessary to accommodate the proposed use are not adequate. There-fore,
dedications or exactions may be required as a condition of the
conditional use permit. The process utilized by the City provides
for notice and public hearing bef ore the Planning and Zoning Commis-sion
and a right to appeal to City Council wherein the decision is
made as a result, once again, of notice and full public hearing.
All decisions regarding any possible dedication or exac-tion
are made by the Planning and Zoning Commission with full right
of appeal to the City Council. Therefore, no final decisions can
be made by either an administrative agency or official.
D. Variances
Pursuant to Article 12 of the Zoning Ordinance of the City
of Apache Junction, an application may be made by a property owner
for a permissible variance from the regulations as provided in the
Zoning Ordinance. A variance may be authorized from the appli' 6ation
of the provisions of the Zoning Ordinance in cases where strict
- Page 6 -
application of the provisions would result in serious impairment of
@ the substantial property rights of the property owner, provided the
long- term interests of the community are given full consideration.
In this process, the applicant must present evidence to the Board
of Adjustment that: ( 1) there are special circumstances or condi-tions
applicable to the property to which reference is made in the
application which do not prevail on other property in that zone;
( 2) that the strict application of the Zoning Ordinance would work
an unnecessary hardship and the granting of the application is
necessary forthe preservation and enjoyment of substantial existing
property rights; and ( 3) that the granting of the application shall
not materially effect the health or safety of persons residing or
working in the neighborhood, and will not be materially detrimental
to the public welfare or injurious to property or improvements in
the neighborhood. In the granting of the variance, it is possible
to require as a condition the dedication of land for public right-of-
way or other public purposes. In requiring this dedication,
there must be a rational nexus to the proposed use of the property
for which a variance is sought, and the burden imposed upon the
property is roughly proportional to the traffic or other impacts
that use of the property will have on the neighborhood in question.
Decisions regarding a variance, including any conditions
that may be imposed, are decisions made by the Board of Adjustment
of the City of Apache Junction. These are not decisions made by an
administrative agency or official. , /
- Page 7 -
The Boardof Adjustment ofthemunicipalityis established
pursuant to the provisions of A. R. S. § 9- 462.06. Proceedings before
the Board of Adjustment are regulated by said statute. A. R. S. 59-
462.06 ( k) provides that a person aggrieved by a decision of the
Board may, at any time within thirty days after the Board has made
its decision, file a complaint for special action in the Superior
Court to review the decision. Therefore, the due process rights of
the property owner are protected.
11. SUBDIVISION REGULATIONS
Pursuant to the authority it Title 9, Chapter 4, Article 6.2
of the Arizona Revised Statutes the City of Apache Junction has
adopted ordinances establishing subdivision regulations. Pursuant.
to statutory authority, the City of Apache Junction, by its regula-tions,
requires the dedication and improvement of public streets,
sewer and water utilities, and provisions for drainage, flood
control, and other public improvements within the proposed subdivi-sion.
There are essentially two stages to a subdivision plat. The
first stage is the preliminary plat, and the second stage is the
final plat. In the preliminary plat phase, there is a pre- applica-tion
conference between the subdivider and City staff.
The preliminary plat stage of land subdivision includes de-tailed
subdivision planning, submittal, review and approval of the
preliminary plat. The preliminary plat submission procedures are
set forth in the subdivision regulations. The staff revie& of a
preliminary plat is made by the Planning Department, Director of
- Page 8 -
Public Works, City Engineer, the Police Chief, the Fire Chief of the
Apache Junction Fire District, CountyHealthDepartment, Superinten-dent
of Apache Junction Unified School District, United States
Postmaster in Apache Junction, Arizona, the County Engineer and
Director of County Planning; and, where applicable, the Arizona
Department of Transportation, as well as the appropriate utility
companies. The Planning and Zoning Commission meets and holds a
hearing on the preliminary plat and makes recommendations to City
Council. Thereafter, the matter is scheduled before the City
Council which may, by resolution, approve, conditionally approve,
or deny the preliminary plat. In the approval of a preliminary
plat, the street layout, including location, width, proposed names
of public streets and conditions to adjoining platted tracts, and
typical cross- sections of streets, alleys, drainage ways, retention
basins, and tentative locations of water lines are set forth. The
designation of all land to be dedicated or reserved for public use
and the use indicated are also set forth on the plat. The location,
width and proposed use of easements, as well as locations for fire
hydrants, and proposed utilities such as sewage disposal and water
supply are also set forth. In accordance with the requirements of
the City Engineer, it is required that details and reports delineat-ing
off site and onsite drainage areas including, but not limited to,
any onsite retention and routing of storm waters, be submitted. All
flood- prone areas will be delineated and streets designed to accom-modate
storm conditions. . r
- Page 9 -
A final plat includes the final design of the subdivision,
engineering of public improvements, and submittal of the plat and
plans by the subdivider for review and action by the City Council.
Final approval of the plat is by an action of the City Council.
Within the subdivision regulations, in Article IV there are set
forth certain subdivision design principles and standards including
street location, arrangement and design. Regulations on easement
planning are also set forth. Article V sets forth street and
utility improvement requirements. Article VII sets forth construc-tion
and financial assurance requirements. The criteria utilized
in the subdivision regulations is objective criteria meeting gener-ally
accepted planning and engineering standards. As a result,
there is an essential nexus between the dedication or exaction and
a legitimate governmental interest, and the proposed dedication or
exaction is proportional to the impact of the proposed use, improve-ment
or development. By the process having both the preliminary
plat and the final plat be subject to Council approval, at no point
does the City Council give discretion to an administrative agency
or official to make the final decision regarding the nature or
extent of any dedication or exaction.
111. ENGINEERING GUIDELINES
On August 1, 1995, the City Council adopted Ordinance No. 932
which adopted new Engineering Guidelines setting forth the proce-dures
for consultants and developers for preparing plats and engi-neering
plans for subdivisions or commercial/ industria1 sitesl'in the
City of Apache Junction. The purpose of the guidelines was to set
- Page 10 -
forth objective criteria regarding the construction of public
infrastructure including, but not limited to, the establishment and
dedication of streets, right- of- ways, or utility easements. The
standards include standards for streets, sanitary sewers, water
systems, storm drainage, storm water retention, Salt River Project
transmission line right.- of- ways, f loodplainmanagement, landscaping
and irrigation within City right- of- ways, retention basin or open
space areas, installation of underground utilities, guidelines for
reflectivepavementmarkers, street lightprocesses, and improvement
assurance alternatives. These guidelines utilize and incorporate
public health, safety, and welfare standards set forth in other city
codes, utility company standards, and the latest state and County
Health Department requirements, as well as the latest edition of the
Uniform Standard Details and Specifications published by the
Maricopa Association of Governments. Objective criteria is utilized
throughout the Engineering Guidelines. By utilization of such
criteria, the City has limited the nature and extent of the discre-tion
given to administrative agencies and officials of the City of
Apache Junction. One area which might be considered to be one where
discretion concerning a dedication of property to a public purpose
would most probably be the storm drainage policy as set forth in the
Engineering Guidelines. Within the storm drainage policy of the
City of Apache Junction, storm water which falls within the develop-ment
from a ten- year storm of twenty- four hour duration must be
retained within the boundaries of the development. The method of
retention is left up to the developer and requires the approval of
- Page 11 -
the City Engineer. There is no requirement that a particular
dedication of property be given. It is permissible for the develop-er
to establish a retention area and dedicate it to the City for
purposes of perpetual maintenance. If the property owner desires
the City to maintain the retention area, then the area must meet
design standards and requirements of the City. If there is no
desire to have the City maintain the retention area, at all times
it will remain with the property owner and no " dedicationN will
occur. Please note that there is a benefit to the property owner
by the dedication. The benefit is that the City then maintains the
area, and the property owner no longer has responsibility. Other-wise,
it belongs to the property owner, who then has the duty to
maintain the area so it effectively retains storm water. Because
there is no required dedication or exaction, but rather such dedica-tion
is one based upon mutual agreement for which the property owner
derives a benefit, and which addresses a material public health and
safety concern, it is felt this meets any legal test which may be
involved.
IV. PUBLIC WORKS
Another set of ordinances requiring possible dedication or
exaction of property is Chapter 13 of the Apache Junction City Code
setting forth the Public Works ordinances of the City Code. Pursu-ant
to Section 13- 2- 3 ( B) of the City Code, it is a condition prece-dent
to the issuance of building permit for new construction within
the City that the required street improvements be made to any'street
adjoining the particular parcel as set forth in the City of Apache
- Page 12 -
Junction Engineering Guidelines as describedin Section I11 herein.
In the construction of these improvements, it may be required for
the owner to dedicate a portion of the property so the street or
roadway may obtain its full width as set forth in the Engineering
Guidelines. This ordinance is authorized by A. R. S. § 9- 243( B).
The actual construction of street improvements occurs when the
property is being developed. Development of the property generates
the traffic and traffic flows both to and from the property and on
adjoining streets. It is the actual development of property which
causes the utilization of the streets in such a manner as to require
the development. By delaying the requirement of development until
the property is actually utilized, we believe this achieves the goal
of an essential nexus between the dedication or exaction and a
legitimate government purpose, and makes the dedication or exaction
roughly proportional to the impact of the proposed use, improvement
or development. As indicated earlier, objective engineering crite-ria
is set forth in the Engineering Guidelines so the dedication or
exaction is performed on a uniform basis utilizing objective crite-ria
minimizing the exercise of discretion.
V. OTHER ACTIONS BY CITY OF APACHE JUNCTION
The City of Apache Junction does not have either the number or
the detail of ordinances or regulations as may be maintained by
larger municipalities within the State of Arizona. For example, the
City of Apache Junction does not have, as yet, a development impact
, I fee ordinance.
- Page 13 -
The City is in the process of developing an impact fee ordi-nance.
Professional consultants will be used together with a
thorough process to be sure the standards of Dolan v. Tigard are
met. The City has received the legal advice that while the stan-dards
of Dolan v. Tigard may not necessary apply to impact fee
ordinances; nonetheless, if these standards are used, the propriety
of the fees imposed will always be appropriate by any legal standard
that could possibly ever be applied. See Home Builders Association
of Central Arizona v. City of Scottsdale, 1 CA- CV 92- 0210, Supple-mental
Opinion of Court of Appeals, Division B, dated February 16,
1995.
VI. CONCLUSION
As can be seen from the foregoing discussion, the amount of
regulation by the City of Apache Junction is at a very basic level.
Because the City does not, by regulation, truly require administra-tive
dedications or exactions, as that term appears in the provi-sions
of A. R. S. SS9- 500.12 and 9- 500.13, it is believed the City is
in compliance with the areas of law which appear to be of concern
to the State of Arizona.
At present time, the requirement of dedications or exactions
are limited to the basic areas of rezoning, zoning approval for
either variance or conditional use permit, actual development of
property, or subdivision of land as provided by the statutory
authority of the State of Arizona. Dolan v. Tigard can be inter-preted
as upholding the right of a city or town to require a d& dica-tion
of property in exchange for governmental approval of use or
- Page 14 -
development as long as there is a reasonable nexus to a legitimate
public purpose, and that the dedication is roughly proportional to
the actual improvement or development of the real property involved.
The City of Apache Junction believes this standard is met throughout
all of its current ordinances and regulations.
On August 1, 1995, the City Council of the City of Apache
Junction passed Resolution No. 95- 20. A copy of this resolution is
attached. By this resolution, the City Council of Apache Junction
appointed Mr. Richard W. Garnett, attorney at law and former City
Attorney for the City of Scottsdale, Arizona, as its Hearing Officer
for purposes of appeals taken pursuant to this particular provision
of state law. A. R. S. § 9- 500.12 does not limit the discretion of the
governing body in the appointment of the hearing officer, and
theoretically authorizes the appointment of a hearing officer who
may be a staff member of the City of Apache Junction, its Board of
Adjustment, or a staff member of another political subdivision of
the State. However, to be sure that the hearing process acknowledg-es
the due process rights of both the property owner and the munici-pality,
the City has appointed a law- trained hearing officer who has
no other connection with the City. Additionally, in adopting the
form of notice to the property owner of appeal rights, to be sure
the property owner is fully informed, the City has utilized language
which expands upon the language of the sample notice as provided by
the League of Arizona Cities and Towns in its memorandum dated July
7, 1995. , I
- Page 15 -
The City of Apache Junction has also, by its policy, gone to
extra lengths above and beyond the requirements of House Bill 2229.
Resolution No. 95- 20 at Section 3 provides that the City staff is
to develop a system whereby written receipt of the notice to proper-ty
owner of appeal rights is evidenced by the written signature of
property owners or the property owners' agents, and that each
application which requests real property be put to a use, improve-ment
or development shall require as part of the application the
complete name and address of the real property owner so a copy of
the notice can be mailed to the real property owner. In other
words, not only is the applying party given a copy of the notice,
but the City of Apache Junction will mail a copy of the notic& to
the property owner as well. In this way, we believe we are ensuring
that an actual copy of the notice is being given to the property
owner.
By going above and beyond the requirements of A. R. S. § 9- 500.12,
and by the submittal of this report, the City Council of the City
of Apache Junction hereby acknowledges the importance of A. R. S. S9-
500.12 and wishes to ensure this law is implemented to its fullest
extent.
C: \ WP51 \ DISC. 7\ REPORT5 . AJ
Oct. 6, 1995 - ll: 00 a. m.
- Page 16 -
EXHIBIT " A"
RESOLUTION NO. 95- 20
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION. ARIZONA, APPOINTING A HEARING
OFFICER PURSUANT TO A. R. S. § 9- 500.12. AND PROVIDING A
METHOD FOR NOTICE TO REAL PROPERTY OWNERS OF THEIR
RIGHTS OF APPEAL.
WHEREAS, the A r i zona State Legi sl ature has enacted House Bi 11
2229 which, when effective, w i l l be known as A. R. S. 59- 500.12; and
WHEREAS, paragraph A of that Section requires the City o f
Apache Junction t o appoint a hearing o f f i c e r and to notify property
owners of their r i g h t to appeal a dedication or exaction which i s a
condition of granting approval for the use, improvement or
development of real property;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA. AS FOLLOWS :
Section 1. That the City of Apache Junction City Counci 1 hereby
appoints Mr. Richard W. Garnett, 7272 East Indian School Road. Suite
109. Scottsdal e , Ari zona 85251, ' to serve as the appoi nted heari ng
o f f i c e r pursuant t o A. R. S. $ 9- 500.12. A.
Section 2. That the City hereby directs the City Manager i n
cooperation with the City Attorney and the Director o f the
Department of Development Services to prepare and di s t r i bute a
printed notice of the right to appeal a dedication and exaction i n
a form similar t o the form attached to t h i s Resolution and marked as
Exhibit " A".
Section 3. That the s t a f f i s requested t o develop a system whereby
written receipt of the Notice i s evidenced by property owners or
property owner's agents, and that each application which requests
real property be put to a use, improvement or development shall
require as part of the application the complete name and address o f
the real property owner so that a copy of the Notice can be mailed
to the real property owner.
Section 4. That the hearing officer appointed i n Section 1 above i s
hereby directed that a1 1 hearings pursuant to A. R. S. § 9- 500.12,
shall be conducted between the hours of 8: 00 a. m. and 5: 00 p. m. on
Monday through Friday, except for holidays ; and that they shall be
conducted at the offices of the City of Apache Junction. Permission
t o hold hearings at any other time or any other location shall only
be granted upon the expressed written approval of the property
owner. ;+
RESOLUTION NO. 95- 20
0 PAGE 1 OF 2
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION. ARIZONA, THIS 1ST DAY OF AUGUST, 1995.
SIGNEDANDATESTEDTOTHIS 2ND DAYOFAUGUST, 1995.
a & L
DOUGLAS CkkEMAN
Mayor I
ATTEST :
KATHLEEN CONNELLY
& I,
V City Clerk
ATTACHMENTS : EXHIBIT A -- Notice t o Property Owner o f Appeal
Rights Under A. R. S. $ 9- 500.12.
RESOLUTION NO. 95- 20
PAGE 2 OF 2
EXHIBIT " A1' 1
NOTICE TO PROPERTY OWNER OF APPEAL RIGHTS
UNDER A. R. S. 39- 500.12.
A. R. S. $ 9- 500.12. A. requi res you, as a property owner, to be notified t h a t
if you have requested from the City of Apache Junction approval for the use,
improvement or development of real property, and an official or an administrative
agency of the City has made a final determination t h a t as a condition of your
approval you must either make a dedication or an exaction, and you wish to appeal
the required dedication or an exaction, there is a process i n place for t h a t
appeal.
The City of Apache Junction has retained Mr. Richard W. Garnett. 7272 East
Indian School Road, Suite 109. Scottsdale. Arizona 85251. to serve as a hearing
officer pursuant to A. R. S. $ 9- 500.12. A.
This right of appeal of a required dedication or exaction does not apply I
to those dedications or exactions required in a legislative act of the City I I Council t h a t does not give discretion to an administrative agency or an official
to determine the nature or extent of the dedication or exaction.
The appeal must be in writing and signed by the property owner, and should
be mailed or filed with the hearins officer within thirty days after the final a determination is made. There is n6 charge for filing th; aEeal.
The hearins officer shall schedule a time for a hearins no later than
thi rty days after the receipt of the appeal . You. as a property owner, wi 11 be
given a t least ten- day's notice of the time for the hearing of the appeal, and
only you may agree to a shorter time period.
A t the hearing, the City of Apache Junction shall have the burden to
establish t h a t there is an essential nexus between the dedication or exaction
asked of you and a legitimate governmental interest. The City will further have
the burden to show t h a t the proposed dedication or exaction is roughly propor-tional
to the impact of the proposed use, improvement or development of your
parcel or parcels of land.
: The hearing officer shall decide the appeal w i t h i n five working days after
your appeal is heard.
If the hearing officer either modifies or affi rms the requirement of the
dedication or exaction, and you as the property owner are aggrieved by the
decision. within thirty days after the hearing officer has rendered a decision
you may f i l e a complaint for a trial de novo i n Superior Court on the facts and
law regarding the issue of the condition or requirement of the dedicapion or
exaction. 4
A t the Superior Court, the judge has the authority to award reasonable
attorneys fees incurred i n the appeal and the trial to the prevailing party. The a court may also award damages as are deemed appropriate to the land owner to
compensate for direct and actual delay damages, but only upon a finding t h a t the
City of Apache Junction acted in bad faith i n requiring the dedication or exac-t
i o n .
A. R. S. $ 9- 500.12. contains legal rights t h a t are for the benefit of proper-ty
owners, and this sheet should not be relied upon as anything more than a
notice t h a t statute exists; and t h a t you, as a property owner, have rights. For
a further and detailed explanation of your rights, your should contact your own
attorney. The City staff has been specifically directed not to answer any ques-tions
regarding the appeal process or the trial i n Superior Court. You may.
however, obtain a t no charge a copy of any of the written material necessary for
you to pursue your rights. under this statute including, but not 1 imi ted to, a
copy of a1 1 staff reports concerning your property, and minutes of any meeting
of the Board of Adjustment, the Planning and Zoning Commission. or the Mayor and
Counci 1 concerni ng your property.
.">' , -
REPSZT ON DEVELO? IWENT PROCESS
as required by Chapter 166 of the Laws of 4995
'. *
NAP,~ EO F c j ~ y / ~ ~ Afvlo~ nd: a le :
EDUCATiONAL SESSBCNS ATTENDED OR SPCNSORED Of\; NEVV 3ECiJlREMENTS: TYty
attorney has eiscussed the new law x~ ith the Assistant City Manager
and the Ilanning birector.
PUi3LiC HEARINGS OR MEETlNGS HELD WITH PROPESTY OWNERS ON NEW APPEALS
PROCESS: None yet.
DESCRIPTION OF REVIEW PROCESS COMPLETED OR LiNSiEiiWAY TO DETERMINE
COMPLIANCE Y: J?.' BTH RECENT U. S. SLiPRErKE COURT CASES: City attorney t o review
all contemplated dedications or exactions and confer with appropriate
staff members to assure compliance.
DESCRIPTION OF APPEALS PROCESS ADOPTED IN RESPONSE TG NEW LAt'V: The City
will adopt a ~ 5 3 7~ ~ l i $ crayft & h. i7 the F. rizcna. Ie2que nf Cities and
Towns establishing pr~ cedures for appeals.
( A copy of the adopted p o l i ~ ijs~ a ttached).
NAME, ADDRESS AND PHONE NUMBER OF CGNTACT PERSON:
Carlos lalma, City > Tanager
525 N. Central Avenue
Avondale, Arizona 85323
932- 2400
RESOLUTION NO.
A RESOLUTION OF TKE CITY COUNCIL OF THE CITY
OF AVOKDALE , YARICOPA COUNTY, ARIZONA,
ESTABLISHING THE CITY'S POLICY REGARDING
APPEALS OF REQUIRED DEDICATiSNS OR EXACTIONS.
WHEREAS, The Arizona State Legislature has added Sections
59- 500.12 and 59- 500.13 to Title 9 c; f the Arizona Revised Statutes;
and
WHEREAS, saic? Sections require municipalities to
establish a policy regarding appeals of required dedications or
exactions and compliance with certain court decisions.
NOW TEEREFORE, EE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVONDALE, YARICOPA COUNTY, ARIZONA, that the appeals policy
or required dedications or exactions attached hereto as Exhibit " At1
and in conf~ r~ ancweit h A. R. S. Sections 59- 500.12 and 59- 500.13 be
and is hereby adopted:
PASSED -% D ADOPTED by the Mayor and Council of the City
of Avondale, Arizona, this day of Novenber, 1995.
MAYOR BEDOYA
ATTEST :
City Clerk
APPROVED AS TO FORX:
City Attorney
EXHIBIT " A"
POLICY OF THE CITY OF AVONDALE
ON APPEALS OF: REQUIRED DEDICATIONS OR EXACTIONS
RIG1 iTS Of; PROPERTY OWNERS
In addition to other rights gran: cd to you by the U. S. and Arizor::) Cv!: stitution, Icclcral : liid st:~ tc Inw
and City ordinances or regulations, you arc hercby notified of your right to appcal any dcdication or
cxnction which is required of you by an adnlinistrativc agency or official of tllc City as a condition of
gra~ ltinga pproval of your rcqr! cst to usc, improvc or develop your property.
PROCEDURE
If you wish to :: ppeal, thc fo1lowi:; g proccdurcs will appiy to your appeal:
Q It must be in writing a: ld fiicd wiih or mai! cd to the hearing office designatcd by the City within
30 days aftcr the administrative agency or official has mndc his dctcrmination requiring thc
dcdication or exaction. Thc name and address of the hcaring officcr is as follows:
49 No fcc will bc charged for filing.
e Your hcari:? g wi!: he scheduicd within 30 days of receipt by thc hcaring officer of your rcqucst.
The City will bear the burden of proving that the dedications or cs;~ ctionsto bc imposcd on your
propcity bear an esscntiai ncxus between the requirement aild lcgitimatc govcrnmcnta! intcrcst
and that thc proposed dedication or exaction is roughly proportiorla1 to thc impact of thc usc,
improvcrrlcnt or dcvc! opinznt proposed by you.
o Ten days r, o? icc wiil be givcn to you of thc date, timc ai: d placc of tile hcaring unlcss you
indicatc to the hcaring officer in your request that less notice is acccptal> lc to you.
e The hearirig officer nust rcrlder his decision within five working days aftcr thc appcal is heard.
o The hearing officcr can affirm the dedication or exaction, modify it or dcletc thc rcquircmcnt.
8 If you are dissatisfied with the dccision of the hearing officcr, you may file a complaint for n trial
de novo with the Superior Court within 30 days of the hcaring officer's dccision.
QUESTIONS
If you havc questions aboui this xppcai process, you may contact:
Carlos Palrna, City Managcr
525 N. Ccntral Avenue
Avondalc, Arizona 85323
CITY OF BENSON
( 520) 5 86- 2245 160 S. HUACHUCA
FAX ( 520) 5 86- 3375 P. O. B OX 2223
TDD ( 520) 5 86- 3624 BENSON, A Z 85602
Police ( 520) 5 86- 2211 Magistrate ( 520) 5 86- 9326 Library ( 520) 5 86- 9535
u=
September %
q **#+% 4 i *& be: $ qq!
Honorable Mark Killian voJ 2.+ ~ L -: ,.,".~*,->..-
Speaker of the House
House Wing - State Capitol
Phoenix, AZ 85007
RE: Report on Constitutional Regulation
of Private Real Property
Dear Speaker Killian:
In accordance with the provisions of A. R. S. 11- 811, Section 3,
please be advised as follows:
The City of Benson has adopted a resolution setting
requirements for administrative dedications and exactions required
as a condition of land use, establishing an appeals procedure and
providing for the appointment of a hearing officer to review such
takings from any aggrieved property owner.
By reference to A. R. S. 9- 500.12, the City of Benson has
adopted the statutory requirements enacted in 1995. Further, it is
the policy of the City of Benson, as set forth in Resolution 40- 95,
to comply with the United States Supreme Court rulings in the
appropriate private property takings cases, all of which are
specifically enumerated therein, as well as any subsequent
applicable State or Federal decisions.
A copy of Resolution 40- 95 is attached to this letter.
Additionally, as you are probably aware, dedications and
exactions are generally the result of the subdivision process and,
for that reason, I have included a copy of our current Subdivision
Ordinance setting forth the requirements for street widths and
utility easements.
I know of no instance of a dedication or exaction as a
condition of a single building permit.
Page Two
Based on my 23 years of residency in this community, most of
which has involved local government service in one capacity or
another, it has been my observation that meaningful development of
private property has occurred only in conjunction with significant
governmental " givings". In other words, in order to induce
development, the City of Benson has routinely abandoned pre-existing
platted streets and right- of- ways, installed water, sewer
and gas lines and occasional streets and curbs. Additionally,
there have been numerous instances of the City Council waiving
provisions of the Subdivision Regulatons at the request of the
developer. I believe most small rural communities experience the
same requirements.
If, after reviewing the enclosures, you have any questions,
please do not hesitate to contact me.
V~ ry truly you# s,
MARK E . BATTAGLIA
City Manager
MEB : gin
Enclosures
i
RESOLUTION NO. 40- 95
i
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF BENSON, ARIZONA,
SETTING REQUIREMENTS FOR ADMINISTRATIVE DEDICATIONS AND EXACTIONS
REQUIRED AS A CONDITION OF LAND USE, ESTABLISHING AN APPEALS
PROCEDURE AND PROVIDING FOR THE APPOINTMENT OF A HEARING OFFICER
FOR REVIEW OF ADMINISTRATIVELY REQUIRED DEDICATIONS OR EXACTIONS.
1. Except as provided in Paragraph 2 of this resolution, in
the event an administrative officer, board, commission, agent or
employee of the City requires a property owner to dedicate to the
City or imposes any exaction as a condition of the use, improvement
or development of the owner's property, such dedication or exaction
must first have been determined by the imposer to bear a rough
proportionality both in nature and extent to the projected impact
of the proposed project.
2. The provisions of this resolution shall not apply to
dedications, exactions or fees required solely because of a
legislative act of the City Council that does not give discretion
to an administrative agency or official to determine the nature or
extent of the dedication or exaction.
3. A property owner may appeal any administrative agency or
official ' s discretionary grant of approval for the use, improvement
or development of real property subject to the requirement of a
dedication or exaction as a condition of the approval. The Board
of Adjustment shall serve as Hearing Officer for an owner's appeal
and the appeal procedure shall conform to the requirements of
A. R,. S. Section 9- 500.12.
4. It shall be the policy of the City of Benson, including
its agencies or instrumentalities, to comply with holdings of the
United States Supreme Court in the cases of Dolan v. City of Tisard
114 S. Ct. 2309, Nollan v. California Coastal Commission, 483 U. S.
825 ( 1987) , Lucas v. South Carolina Coastal Council, 112 S. Ct .
2886, First Enq- lish Evanselical Lutheran Church v. County of Los
Anseles, 482 U. S. 304 ( 1987) and subsequent Arizona and Federal
Appellate Court Decisions binding Arizona cities & towns
interpreting or applying those cases.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF BENSON,
ARIZONA, this 18th day of September , 1995. ULL&& C
DICK W. HAMILTON, Mayor
ATTEST :
- , / L ( c J \ / ( < , , , / , > , d t ( y /
DORIS HUMPHREY' - ~ idyCl erk
ky/ Attorney
CERTIFICATION
I, the undersigned, being the duly- appointed City Clerk of the
City of Benson, do hereby certify the foregoing to be a true and
correct copy of Resolution No. 40- 95, adopted by the Mayor and City
Council at its regular meeting held on the 18th day of September,
1995.
DATED this 19th day of September, 1995.
DORIS H U M P H R ~ - 1gterim City Clerk
ORDINANCE NO.
fi
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF BENSON; ARIZONA,
AMENDING THE BENSON SUBDIVISION REGULATIONS, ORDINANCE NO. 209, AS
AMENDED, PROVIDING REQUIREMENTS FOR CURBS, STREET LIGHTS AND
SIDEWALKS IN LOW DENSITY RESIDENTIAL SUBDIVISIONS; CHANGING
REFERENCES FROM " TOWN OF BENSON" TO " CITY OF BENSON"; TO CHANGE ALL
REFERENCE TO " GENERAL COMMUNITY PLAN" TO " GENERAL DEVELOPMENT
PLANw; TO ADD GRADING AND DRAINAGE SUBMITTALSJAS A REQUIREMENT FOR
A PRELIMINARY SUBDIVISION PLAT; INCREASING THE MINIMUM SIZE OF FIRE
PROTECTION WATER LINES TO 8 INCHES ( 8") IN DIAMETER; AND TO ADD
ANOTHER TYPE OF IMPROVEMENTS SECURITY.
BE IT ORDAINED BY THE MAYOR ANJL. C ~ T Y COW. IL' OF BENSON,
COCHISE COUNTY, ARIZONA, as follows:. -.
Section 1. Throughout the subdivision regulations all
reference to the Town Council, the Town of Benson or the like, are
hereby changed to read, " The City Council, The City of Benson" and
the like. Additionally, all references throughout the document
that refer to the Benson Community Plan are hereby changed to read
" Benson General Development Plan".
Section 2. Subdivision Reuulations, Section 16- 105
" Procedure for Approval of Preliminary Plat, is hereby amended to
add on page 8, " 5. The following items shall be shown on the
p6eliminary plat or submitted as a separate information item along
with the preliminary plat."
Section 3. Subdivision Regulations, Section 16- 105
Subsection, " Items Required on Preliminary Plat", is hereby amended
to add in Paragraph 5 , thereof " 13, 1 grading and drainage plan
submittal which shall include a hydrologic report prepared by a
qualified ~ rizona- lscensed engineer, if said report is required by
. . the Benson City Engineer.
'> .,
Section 4. Subdivision Requlations, Section 16- 107 " Drainage
Planninu" , is amended to add " C. Hydrologic Reports, when required,
will describe as a minimum: drainage points of concentration,
calculated peak drainages, a composite basin runoff analysis,
cross- sectional location and modes of flow conveyance, slopes,
velocities and other information as necessary to complete the
analysis.
Section 5. Subdivision Regulations, Section 16- 114, I,
" Street Improvement Standards", is amendeu to add " 2. The
provisions of the foregoing paragraph, 1.1. shall not apply in
residential subdivisions where the actual density is less than one
( 1) residence per acre in the developed area.
Section 6. - Su bdivision Requ- l- a tions, Lection 16- 1141-
-" - S-- ubsection J, is amended to add " 3. Sidewalks shall not be
required in residential subdivisions where the smallest actual lot
size is greater than 14,520 square feet".
Section 7. Subdivision Regulations, Section 16- 115, " Utility
Im~ rovement Standardr"," C, I., is hereby repealed.
Section 8. Subdivirrion Reaulations, Section 16- 115, " Utility
Improvement Standards, " C" is amended to add " 1. Fire hydrants and
facilities shall be installed as follows: Hydrants, the
specifications of which shall be approved by the Benson Fire Chief,
must have two ( 2) two and one- half inch ( 2 1/ 2") outlets and have
one ( 1) four and one- half inch ( 4 1/ 2") pump outlet. The four and
one- half inch ( 4 1/ 2") outlet must face the street upon which the
hydrant is located and be at least one ( 1) foot above the surface
of the adjacent street, curb or sidewalk whichever is highest in
actual elevation. All fire hydrant outlet threads must conform to
National Standard. Hydrant spacing shall not exceed five hundred
( 5 0 0 ) feet in all districts and said spacing shall be measured
along an unobstructed street, alley or other access way which has
been dedicated to the public for vehicular use. Water lines n7~ st
be linked and gate valves installed so that no single break in the
water distribution system would necessitate shutting off from
service a length of pipe greater than five hundred ( 500) feet. All
water mains supplying the fire hydrants shall have a nominal
diameter of not less than eight inches ( 8 " ) and shall be capable of
supplying sufficient water flow to conform with the standards of
the Uniform Fire Code then in effect in the City of Benson. The
City Building Official shall not issue building permits until the
subdivision plans have been first certified by the Benson fire
Ch'ief as conforming to the foregoing standards and specifications."
Section 9. Subdivision Regulations, Section 16- 115, 0, 2. is
hereby repealed.
Section 10. Subdivision Reaulations, Section 16- 115, D, is
hereby amended to add " 2. Street lights shall be installed on
metal or concrete seandards. The Planning & Zoning Cornmission may
approve, based on the recommendation of the City Manager and the
request of the subdivider, use of wooden standards when considered
more advantageous in commercial areas.
Section 11, Subdivision Requlations, Section 16- 115, D, is
hereby amended to add, " 3. Street lights shall not be required in
residential districts when the smallest lot is at least 14,520
square feet in area."
Section 12. Subdivision Requlations, Section 16- li8, is
hereby amended to add " In addition to the four ( 4 ) security methods
provided hereinabove, a subdivider may elect to secure its
performance of the improvements and other requirements for
subdividing lands by means of a Third Party Trust and Assvrance
Agreement whereby an Arizona- licensed title or trust company
holding title to the lands proposed to be subdivided agrees to act
as a trustee who shall not convey title to any of said lands
without first obtaining a written release from the Benson City
Council, or its designatee, except that the trustee may convey
title in conjunction with a bulk sale or for the mole purpose of
encumbering lands iarodirtely reconveyed to the Trust and said
assurance agreement # hall be 8ubject to acceptance by the City
Council and approval of the Benaon City Attornmy."
PASSED AND ADOPTED BY TEE HAYOR AND CITY COUNCIL OF BENSON,
COCHISE COUNTY, ARIZONAI this 6t h day of December I
1993. 9 DA ID i ESO, MAYOR
ATTEST:
I N D E X
Definitions
General
Public Land
Requirements
Procedure for Approvai of Preliminary
Plat
Procedure for Approval of Final Plat
Drainage Planning
Street Planning
Easement Planning
Lot Planning
Purpose
Responsibility for Improvements
Drainage Improvement Standards
Street Improvement Standards
Utility Improvement Standards
Submittal, Review and Approval of
Engineering Plans
Improvements Security
Final Inspection and Acceptance of
Improvements
Variances
BENSON SUBDIVISION REGULATIONS
AS ADOPTED BY RESOLUTION NO. 189
AND ORDINANCE NO. 209 AND AMENDED BY ORDINANCE NO. 355.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF BENSON, COUNTY OF COCHISE, STATE OF ARIZONA.
SECTION 16- 101 DEFINITIONS
For the purpose of these regulations, which may be cited
as BENSON SUBDIVISION REGULATIONS, words and phrases defined
herein shall have the special meaning contained in the
definitions; all other words and phrases shall be interpreted
according to their common usage.
1. " Subdivision" means improved or unimproved land or
lands divided for the purpose of financing, sale or lease,
- whether immediate or future, into four or more lots, tracts or *-
' parcels of land, or, if a new street is involved, any such
property which is divided into two 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 parts.
2. " Subdivider" msans a person, firm, corporatior!,
partnership, association, syndicate, trust or other leqaL
entity that files application and initiates prcczedings for
the subdivision of land.
3. " Area of Jurisdiction" shall mean within t h ?
corporate limits of the City of Eenson 3p. d i n the
unincorporated area w i t h i n three ( 3 ) 1 >? yon? such
r n r . p o r a t e limits.
4. " Commission" shall mean the Planning and Zoning
Commission of the City of Benson.
5. " Benson General Development Plan" shall mean the
master plan or any part thereof adopted by the City of Benson.
6. " Street" shall mean a way for vehicular traffic
whether designated as a street, highway, thoroughfare,
parkway, throughway, freeway, road, boulevard, avenue lane,
or however otherwise designated.
7. " Arterial Street" shall mean such major street,
highway, thoroughfare, parkway or boulevard so designated on
the General Development Plan, or so designated by the Benson
City Council.
- *- 8. " Collector Street" shall mean a street collecting
traffic from local streets, and connecting the same with an
arterial street, or another collector street.
9. " Local Street" or " Minor Street" shall mean a street
exclusively or primarily used to provide access to abutting
properties.
10. " Service Street" or " Local Access Street" shall mean
that part of an arterial street right- of- way, separated f r s m
the main flow of traffic and designated exclusively or
primarily to provide access to abutting properties.
11, " Alley" shall mean a ninor way designated or used
primarily for vehicular service access to the rear or side of
12. " Utility Easements" shall mean a dedication of land
for installation and maintenance of public utilities only.
13. " Drainage Easements" shall mean a dedication of land
for the conveyance of storm and run off water.
14. " Person" shall mean any individual, as well as any
firm, corporation, partnership, company or any other form of
multiple organization for the carrying on of business.
15. " Public Works Department" shall mean the designated
representative of the City of Benson as appointed by the Hayor
and Council.
SECTION 16- 102 GENERAL:
A. Conformance to Laws: Every subdivision shall conform
to requirements and objectives of the Development Plan,
specific plans, or any parts thereof as adopted by the City
Council, to the City of Benson zoning ordinance, to other
ordinances and regulations of the city and to the Arizona
Revised Statutes, as amended.
B. Unsuitable Land: Land which, in the opinion of the
commission, based upon the written recommendation of the
Public Works Department, is unsuitable for the proposed use by
reason of adverse topography, adverse soils, subsidence of the
earth surface, high water table, periodic flooding, lack of
." water, or other unnatural or manmade hazards to life or
property shall not be subdivided. However, the commission may
approve subdivision of such land upon receipt of evidence from
the developer's engineer and recommendation of the Public
Works Departmerit, that the construction of specific
improvements can be expected to render the land usable, in
which case, construction upon such land shall be prohibited
until the specified improvements have been acceptably planned
and construction has been guaranteed.
C * Layout: Straets and easements shall be so arranged in
relation to existing topography as to produce desirable lots
of maximum utility, a safe and convenient street and
pedestrian system, and uradients to facilitate adequat~
drainage.
D. Subdivision and Street Names: Subdivision names and
new street names shall not duplicate or be closely similar to
any existing subdivision or street name except that street
names shall be consistent with the natural alignment and
extension of existing named streets.
SECTION 16- 103 PUBLIC LAND:
shape as to permit the remainder of the land area of the
subdivision within which the reservation is located to develop
A. Reservation of Public Land: When a tract contains
all or any part of the site of a park, recreational facility,
school site, fire station, or other public site as shown in
the general plan or a specified plan, such site shall either
be dedicated to the public or reserved for acquisition by the
public subject to the following conditions: I
in an orderly and efficient manner. I
4. The land area reserved shall be in such multiple
cf streets and parcels as to permit an efficient division of
the reserved land in the event that it is not acquired within
the prescribed period.
1. The requirement may only be made upon
preliminary plats filed at least thirty ( 30) days after
adoption of the development plan or specific plan affecting
the land area to be reserved.
2. The required reservations are in accordance with
; Sef inite principles and standards adopted by the City Council.
3. The land area reserved shall be of such size and
I
5 . The public agency for whose benefit an area has been
reserved shall have a period of one ( 1) year after recordation
of final subdivision plat to enter into an agreement to
acquire such reserved land area. The purchase price shall be
the fair market value thereof at the time of filing of the
preliminary subdivision plat plus the taxes against such
reserved area from the date of the reservation, and any other
costs incurred by the subdivider in the maintenance of such
reserved area, including interest costs incurred on any loan
covering such reserved area.
6. If the public agency for whose benefit an area has
been reserved does not exercise the reservation agreement set
forth in Sub- section V within such one ( 1) year period or such
extended period as may be mutually agreed upon by such public
agency and the subdivider, the reservation of such area shall
terminate.
SECTION 16- 104 REQUIREMENTS:
1. The subdivider shall be responsible for having a
registered engineer or registered land surveyor prepare the
necessary subdivision plats for filing,
2. Approval of Subdivision required. Until a plat of a
subdivision has been approved in accordance with these
regulations no person proposing a subdivision within the
corporate limits of the City of Benson shall subdivide or file
a record of survey, map or plat for record or sell any part of
said subdivision.
3. The plat of a subdivision outside and within three
( 3 ) miles of the corporate limits which conforms to these
?.: regulations shall be approved and so recommended for approval a
to the Board of Supervisors of Cochise County. Any plat which
does not conform to these regulations or which is approved
subject to changes, shall be so reported to the Board of
Supervisors with the reasons therefore.
4 . Fee for plat review shall be as set by resolution by
the Mayor and Council.
SECTION 16- 105 PROCEDURE FOR APPROVAL OF PRELIMINARY PLAT:
1. The subdivider shall cause to be prepared a
preliminary plat, together with other supplementary material.
2. Eight ( 8) copies of the preliminary plat and
supplementary material specified shall be submitted to the
commission with written application for conditional approval
at least fourteen ( 14) days prior to the meeting at which it
is to be considered.
3. Following a review of the preliminary plat and other
material submitted, the commission shall, within thirty ( 30)
days, act thereon as submitted, or modified, and if approved
the commission shall express its approval as conditional and
: state the conditions of such approval, if any, or if
disapproved shall express its reasons for disapproval.
4. Action of the commission shall be forwarded to the
developer and the City Council in writing. Conditional
approval of the pkeliminary plat shall not constitute approval
of a final plat.
5. The fcllowing icerns shall be shown on tht prelimi~ ary
plat or slbrnitted as a separate information item along with
the preliminary plat. ( Amended by Ordinance No. 355, 12/ 06/ 93)
ITEMS REQUIRELON PRELIMINARY PLAT:
1. Name of proposed subdivision, existing
zoning, zoning required.
'- J
A . Locati~ n cf subdivlsinn.
3 . Names and a d d ~ - e s s ~ o> fs subdivider.
4. Names and addresses of owners of
ad joining land to the proposed
subdivision.
5 . Information sufficient to locate
accurately the property shown on the
plan, with reference to survey markers or --
monuments.
6. Contour map at one foot intervals. 2 ;
7. The boundary lines of the property to be
subdivided.
8. The location, width, and other dimensions
of all existing or platted streets and
other important features, such as water
courses, exceptional topography and
buildings within the property and within
two hundred feet ( 200 it) of the property
to be subdivided.
9. Existing sanitary sewers, storm drains,
water supply mains and br5dges within the
property, or within two hundred feet ( 2 0 G
ft) thereof.
10. The location, width, and other dinensions
of proposed streets, alleys, easements.
parks and other open spaces, with proper
labelin~ o f spaces to !, e 3 e d i c ~ t ~ t cd ti!<.
public.
11. North point, scale and date.
12. Location and size of water and sewer
lines, proposed route, slope of sewer
line, connection location to existing
lines and any off site augmentation work
required.
13. A grading and drainage plan submittal
which shall include a hydrologic report
prepared by a qualified Arizona- licensed
engineer, if said report is required by
the Benson City Engineer. ( Amended by
Ordinance No. 355 12- 06- 93)
SECTION 16- 106 PROCEDURE FOR APPROVAL OF FINAL PLAT:
1. The final plat shall conform to the preliminary plat
as approved and if desired by the subdivider, it may
constitute only that portion of the approved preliminary plat
which he proposes to record and develop at the time provided,
however, that such portion conforms to all requirements of
these regulations.
2. Application for approval of the final plat shall be
submitted in writing to the commission at least ten ( 10) days
prior to the meeting at which it is to be considered.
3. Two ( 2) copies of the final plat and other exhibits
required for approval shall be prepared as specified, herein,
and shall be submitted to the commission within six ( 6 ) months
after approval of the preliminary plat; otherwise such
approval shall become null and void unless an extension of
time is applied for and granted by the commission.
4. Final - plat shall be approved and signed by the
commission and forwarded to the City Council for approval
prior to recordation. Approval cf the final plat shall n ~ t
constitute acceptance for construction of streets or utilities
related to this development.
5. The city shall be responsible for the recordation of
all final plats approved by the legislative body and shall
receive from the subdivider and transmit to the County
Recorder the recordation fee established by the County
Recorder. ( A. R. S. 9- 463.01)
6. Changes to approved plat shall require the sar: e
procedures as outlined in Section 16- 105.
SECTION 16- 107 DRAINAGE PLANNING:
A. General: Storm water shall be conveyed through a
subdivision in a manner that will not damage development
within the subdivision nor create an undue nuisance to the
inhabitants thereof. When improvements within a subdivision
change the natural flow of storm drainage, they shall be
designed in a manner that will not damage the land or change
the flow characteristics of the natural drainage over the land
upstream or downstream from the subdivision unless the
subdivider provides the city with a hold- harmless agreement
from the affected upstream or downstream property owner( s).
B. Drainage Riqht- of- Way: All concentrated storm
-*-
drainage that cannot be conveyed in a public street right- of-way
shall be conveyed in a dedicated drainageway or in a
drainage easement- Dedicated drainageways shall be vested in
the public for: public use and not included in any lot.
Drainage easements that are not dedicated for public use but
for construction and maintenance of drainage facilities shall
be granted to the public and they may be included in a lot Sut
the use, thereof, shall be restricted to uses that will not
interfere with maintenanee of the natural flow of storm
drainage over and/ or under the easement. A drainage easexent
shall be provided to accommodate the flow that is expected to
occur at least once every hundred ( 100) years. A dedicated
drainageway shall be provided to accomntodnte t l i t : flow t h ~ its
expected to occur at least once every twenty- five ( 2 5 ) years;
provided, however, that this requirement may be waived by the
commission when the resulting drainageway will be less than
ten ( 10) feet in width and less than one ( 1) foot in depth.
All drainge easements shall be at least fifteen ( 15) feet in
width.
C. Hydrologic Reports, when required, will describe as
a minimum: drainage points of concentration, calculated peak
drainages, a composite basin runoff analysis, cross- sectional
location and modes of flow conveyance, slopes, velocities and
other information as necessary to complete the analysis.
- ( Amended by Ordinance No. 355 12- 06- 93)
SECTION 16- 108 STREET PLANNING:
A. General Layout Criteria:
1. Whenever the subdivision embraces any part of a
street designated in the adopted Benson General
Development Plan or any adopted neighborhood or
specific plan, such street shall be platted in
conformity therewith; provided, however, that the
developer may request, and the Public Works
Department and the commission may recommend and the
Council may approve minor deviations in alignment
whenever it is found to be impractical to conform
to the exact alignment shown on the Benson General - d Development Plan or other plan because of adverse
top ogr why, drainage probl ems , existing
development, or traffic safety. Such minor
deviations may be made without adversely affecting
the public purpose to be served by the street;
provided, however that the distance between an
arterial or collector and a parallel arterial or
collector does not exceed one thousand three
hundred twenty ( 1320) feet ( 1/ 4 mile).
2. Street layouts shall provide for the con~ inuation
of existing and proposed arterial and collector
streets into adjacent areas and such other streets
as t11e conllnission may designate. S t r e e t s which t h e
commission should designate, include, but are not limited to,
collector and local streets, are required to provide future
connection with adjoining unplatted lands. In general, these
extensions should not be farther apart than the one thousand
three hundred twenty ( 1320) foot ( 1/ 4 mile) maximum permitted
block length.
3. Half streets shall be discouraged except when
necessary to provide right- nf- way required by the
Benson General Development Plan to complete a
street pattern already begun or to insure
reasonable development of the adjoining unplatted
parcel. Where a half street exists abutting a
-.- tract, the remaining half street shall be platted
within the tract. Where a half street furnishes
the sole access to a lot, the subdivider shall plat
and develop a street of sufficient width to
accommodate two ( 2) way traffic. Dead- end streets
shall not be approved except where specifically
designated by the commission as necessary f o r
connection to adjacent unplatted lands. In any
case, a dead- end street serving more than four ( 4 )
lots shall provide by easement, a temporary cul- de-sac
turnaround conforming to the provisions herein.
Dead- end alleys shall be prohibited.
4. Street access to a subdivision shall be provided as
required by the commission. In general, the
subdivision shall have at least two ( 2) street
accesses serving each forty ( 40) acres or smaller
tract unless the subdivider can show to the
satisfaction of the commission that the number of
lots in the subdivision makes this requirement an
unjustified burden. Where access must be provided
across land not owned by the subdivider, the
subdivider shall, as minimum, provide at least
sixty ( 60 it) feet of right- of- way.
5. The maximum block length shall be one thousand
three hundred twenty ( 1320 feet) measured along the
centerline of the street and between intersecting
street centerlines, except that in subdivisions
where lot preas average one- half ( 1/ 2) acre or
more, this maximum may be exceeded by six hundred
sixty ( 660) feet.
6. When a residential subdivision abuts the right- of-way
of a railroad or limited access highway or
abuts a commercial or industrial land use, the
commission may recommend location of a street
approximately parallel to such right- of- way or use
at a distance suitable for appropriate use of the
intervening land, such distance being determined
with due regard for ' approachways, drainage,
bridges, or future grade separations.
7. Crosswalks are not considered a satisfactory
substitute for a directional street layout and
shall generally Se avoided; however, where
essential for circulation and access to schools,
playgrounds, and other community facilities,
crosswalks sixteen ( 16) feet wide may be required
by the commission. Such walks may be used for
utility installations.
8. Unless otherwise noted, all width measurements are
. to property lines and all length measurements are
along the center line of the right- of- way ar: d to
the center line of intersecting strests.
B. Intersection Criteria:
I. streetsSintersecting an arterial or collector street
shall do so at a ninety ( 90) degree angle. Local streets
shall typically intersect at right angles but in co case lzss
than seventy- five ( 7 5 ) degrees.
2. Local streets intersecting a collector street or
arterial street shall have a tangent section of center line at
least one hundred fifty ( 150) feet in length measured froin the
right- of- way line of the major street, except that no such
t arlyerlt is req1iirt. d when t h e 1 0 ~ a l stret4 i,~: r- b h a s a
c e ~ ~ t e r l i nratd~ i u s gre,+ trr th; in four hur~ dr- rd ( 4001 f t ~ t - t.
3. Street jogs with centerline offsets less than one
hundred twenty- five ( 125) feet shall be avoided except where
waived by the commission based on the recommendation of the
Public Works Department.
4 . Street intersections with more than four ( 4 ) legs and
Y- type intersections with legs, meeting in acute angles, shall
be avoided.
C. Arterial Street Criteria:
1. Arterials are designed for maximum utilization by
through traffic and minimal access from adjacent property.
Major arterials are intended to carry high volume, high speed
traffic with restricted access to property and minimal -
> intersecting traffic. Access directly on to an arterial from
residential property shall be prohibited by the construction
of a frontage street or a one ( 1) foot no- access easement with
a vertical curb.. Access directly on to a major arterial from
any commercial or industrial property shall be prohibited by
the construction of a frontage street. Access to a major
arterial shall be restricted to oEe ( 1) access every six
hundred sixty ( 660) feet. Arterials are located at
approximately one ( 1) mile intervals as designated on the
general development plan. The requirement for a frontage
street or the prohibition of access to an arterial street may
be waived by the council upon request of the subdivider and
?- t~ comn~ t- rids t i o n by the comrnissi on providing 1: he s11bdividc. r can
show that existing development prohibits the reasonable
development of an adequate frontage streexand that the
proposed alternate plan for access will preserve the traffic
function of the arterial street and protect residential
properties from the nuisance and hazard of high- volume noisy
traffic.
2. ~ ight- bf- w ay for major- arterials shall be one hundred
ten ( 110) feet. Right- of- way for minor arterials shall be
eighty ( 80) - feet. Corners shall be rounded with a twenty- five
( 25) foot radius curve.
3. Horizontal curves shall have a six hundred ( 600) foot
minimum radius.
-.
4. The length of tangent between reversed curves shall
be one hundred ( 100) feet.
D. Collector Street Criteria:
1. Collecto. r s are designed for utilization by through
traffic and limited direct access from adjacent property.
Access directly on to a major collector from residential
property shall be discouraged. Major collectors are located at
approximately one- half ( 1/ 2) mile intervals as designated on
the general development plan. Minor collectors are located at
approximately one- quarter ( 1/ 4) mile intervals. In commercial
areas, all collector streets shall be designed and constructed
to the standards established for major collectors.
2. for m ,. J-, &@ c_ t-;- ba Xa, ' shall be eighty
m)+ feet. R ight- of- way for collectors shall be sixty % r. - -- -
c60) feet. Corners shall be rounded with a twenty ( 20) foot
*
radius.
3. Horizontal curves shall have four hundred ( 400) foot
radius.
4. Length of tangent between reverse curves shall be one
hundred ( 100) feet.
E. Local Street Criteria
1. Local streets are designed to discourage their use by
traffic and to provide access to adjacent property. Local I
streets in commercial areas shall be designed to conform to
-: the criteria for minor collector streets. Major local streets
shall generally be provided, however, minor local streets may I
be used where the street serves twenty- eight ( 28) dwelling I
units or less.
2. Right- of- way for major local streets shall be sixty
( 60) feet. Right- of- way for minor local streets shall be
fifty ( 50) feet. Corners shall be rounded with a ten ( 10)
foot radius curve.
3. Horizontal curves shall have a two hundred ( 200) foot
minimum radius where tangent centerlines deflect from each
other more than ten ( 10) degrees and less than seventy- five
( 7 5 ) degrees. Horizontal curves shall have a fifty ( 50) foot
n! lnirnum radius where deflection between tar1gent. s is st. venty-five
( 75) degrees or larger.
4. Length of tangent between reversed curves shall be
one hundred ( 100) feet.
F. Cul- de- sac Turn- around Criteria
1. Cul- de- sac turn- arounds may be used at the end of
minor local- type streets providing the length of the minor
local street does not exceed six hundred sixty ( 6 6 0 ) feet.
2. Right- of- way for a cul- de- sac in a residential area
shall be one hundred ( 100) foot diameter circle. Right- of - way
for a cul- de- sac in a commercial area shall be one hundred
thirty ( 130) foot diameter circle. Corners shall be rounded
with a twenty- five ( 25) foot radius curve.
G. Alley Criteria:
1. Alleys may be developed at the option of the
subdivider, however, they are not generally considered
appropriate in residential subdivisions. When alleys are
platted, the alley alignment and arrangement shall provide
optimum convenience for truck service circulation and avoid
alley openings at opposite fronts of residential lots. Alleys
shall be required at the rear of multiple family residential,
commercial, or industrial developments except where, in the
opinion of the commission, other provision is made for
adequate permanent access for purposes of fire protectior,,
parking, and loading.
2 . Right- of- way for alleys shall be twenty ( 2 0 ) feet.
C o r n e r s shall be cut o f f to form a ten ( 10) foot by ten ( 10)
foot trianqle.
3. Horizontal curves shall have a forty ( 40) foot
minimum radius.
SECTION 16- 109 EASEMENT PLANNING:
A. Utility Easements: The subdivider shall provide private
utility easements as required by the serving utilities and is
responsible for coordinating such with the utilities
concerned.
B. Curvilinear Alisnments: For lots facing on curvilinear
streets, utility easements, or alleys shall usually consist of
a series of straight lines with points of deflection not less
than one hundred twenty ( 120) feet apart; said points of
deflection always occurring at the junction of side and rear
lot lines on the side of the exterior angle. However,
curvilinear easements or alleys may be employed providing that
-= the minimum radii of centerlines are not less than eight
hundred ( 800) feet.
C. Drainaqe: Dedicated drainageways or drainage easements
shall be provided for surface drainage courses abutting or
crossing the tract in accordance with Section 16- 107, Drainage
Planning, and shall be of a width sufficient to permit
widening, deepening, relocating, or protecting such drainage
course as may be required by the commission based on
recommendation of the Public Works Department.
D. No- Access Easements: Lots arranged back to railroad
rights- of- way, or cornnercial or industrial districts or
arterisl streets as provided in Section 16- 108- 6 , shall have
; i rt-~ col- dendo - access p r i v a ~ ee asement or?+ ( 1) f oot wide alona
tile I- ea- lot l i r ~ e .
SECTION 16- 110 LOT PLANNING:
A. Code Compliance: Lot width, depth, and area shall comply
with the minimum requirements of the Zoning Ordinance;
however, where drainage problems exist or prevail, the
commission may require special lot width, depth, and/ or area
exceeding requirements of the zoning district. Land within a
public street, alley, or drainageway; land within easement for
major power transmission lines or major pipelines; and such
other land considered by the commission to be unusable shall
not be considered a part of the usable lot area. Utility
easements for distribution or service purposes and drainage
- easements may be considered a part of the usable lot area.
" B. Dimensions: The depth to width ratio of the usable area,
--
lots shall generally be not greater than three ( 3 ) to one ( 1).
C. Side Lot Lines: Side lot lines shall be substantially at
right angles or- radial to street lines except where other
treatment can be justified.
D. Access: Every lot shall abut a public street furnishing
satisfactory access to another existing ~ ublic street;
provided, however, that a lot in a commercial area may be
considered as having satisfactory access if such lot abuts a
joint- use private drive providing public access to the lot
from a public street.
E. Double Frontaae Lots: Single family residential lots
extending through the block and having frontage on to non-intersecting
streets shall be prohibited except as may be
required herein.
SECTION 16- 111 PURPOSE:
It is the purpose of this article to define the responsibility
of the subdivider and city in the planning, construction, and
financing of public improvements to establish in outline the
minimum acceptable standards and required public improvements
for subdivisions and to establish procedures for review and
approval of engineering plans.
SECTION 16- 112 RESPONSIBILITY FOR IMPROVEMENTS:
A. Responaibilitv of Subdivider: It is the responsibility of
the subdivider to finance the planning, design, and
construction of the streets and alleys, curbs and gutters,
sidewalks, crosswalks, streetname signs, drainage facilities,
sewage disposal facilities, monuments, street lights, fire
hydrants, water facilities, and all other public and semi-public
improvements required by council, this article, or the
Arizona Revised Statutes to standards established herein.
B. Enqineerina Plans required:
1. The subdivider shall be responsible for having a
registered engineer prepare a complete set of engineering
2 plans, satisfactory to the Public Works Department, for
construction of required improvements. Such plans shall be
based on the approved preliminary plat and be prepared in
conjunction with the final plat.
2. All required improvements shall be designed and
constructed in accordance with the latest version of the
Uniform Standard Specifications for Public Works Construction
as compiled by the Maricopa Association of Governments, and
such other standards as may be adopted by the City Council.
D. Inspection and Testing of Improvements:
1. All improvements in the public right- of- way shall be
constructed under inspection and approval of the Public Works
Department. Construction shall not he c: omm~ r! ced u r , t l l a
permit has been issued for such construction and if work has
been discontinued for any reason, it shall not be resumed
until after notifying the Public Works Department in advance.
2. The subdivider shall be responsible for having a person
conduct the testing of all materials used in the construction
of public improvements who is authorized under Article 32 of
the Arizona Revised Statutes to perform materials testing.
SECTION 16- 113 DRAINAGE IMPROVEMENT STANDARDS:
A. Drainage Design and Construction:
1. The design and construction of drainage facilities
shall be in accordance with approved engineering procedures
and shall not conflict with the provisions of the State
statutes.
2. All buildings shall be located so they have all-weather
access. All- weather access is defined as not having
to traverse any storm drainage that has a depth greater than
seven- tenths ( 0.7) feet during the storm that is expected to
occur at least once every one hundred ( 100) years.
SECTION 16- 114 STREET IMPROVEMENT STANDARDS:
A. General: Measurements are to the back- of- curb unless
otherwise noted.
B. Arterial Street Design:
1. The paved width of an arterial shall be sixty- eight
( 68) feet. Frontage streets shall be twenty- two ( 22) feet and
shall generally be located to create a twelve ( 12) foot
unpaved island between the arterial and frontage street and an
eight ( 8 ) foot pedestrian way between the frontage street
curb- gutter and the property line. Street corners shall be
rounded with a twenty- five ( 25) foot radius curve.
2. Vertical curves shall have a thred hundred ( 300) foot
minimum length but not less than fifty ( 50) feet for each a
algebraic difference in grade.
3, Street grades shall be a maximum of five ( 5%) percent
and a minimum of five- tenths ( 0.05%) percent,
4. Sight distance shall be four hundred ( 400) feet.
5. Design speeds shall be forty ( 4Omph) miles per hour.
C. Collector Street Design:
1. Paved street width for major collectors shall be
forty- eight ( 4 8 ) feet. Paved width for minor collectors shall
be forty ( 4 0 ) feet. Corners shall be rounded with a twenty-five
( 25) foot radius curve.
2. Vertical curves shall have a two hundred ( 200) foot
minimum length.
3. Street grades shall be a maximum of seven ( 7%) and a
minimum of five- tenths ( 0.50%) percent.
4. Sight distance shall be two hundred ( 200) feet.
5. Design speed shall be thirty ( 30mph) miles per hour.
D. Local Street Design:
1. Paved width of major local streets shall be forty
( 40) feet. Paved width for minor local streets shall be
thirty- two ( 32) feet. Corners shall 3e rounded with a twenty-fiv?
( 25) foot radius curve.
2. Vertical curves shall have a one hundred ( 100) foot
minimum length. Vertical curves are not required where the
algebraic difference in grade in one ( 1%) percent or less.
4 3. Street grades shall be a maximum of ten ( 10%) percent
and a minimum of five- tenths ( 0.50%) percent.
4. Sight distance shall be one hundred fifty ( 150) feet.
5. Design- speed shall be twenty- five ( 25mph) miles per
hour.
E. Cul- de- sac Desiqn:
1. Paved width of a cul- de- sac in a residential area
shall be ninety ( 9 0 ) foot diameter circle. Paved widths for
a cul- de- sac in a commercial area shall be one hundred ten
( 110) foot diameter circle. Corners shall be rounded with a
twenty- five ( 25) foot radius curve.
2. Curve grades s l l a l l be a maximum of five ( 5%) percent
and a minimum of f i v e - t e n t h s ( 0 . 5 0 % ) percsn! .
F. Alley Design:
1. Street width of alleys shall be twenty ( 20) feet in
commercial areas and sixteen ( 16) feet in residential areas.
2. Alley grades shall be a maximum of ten ( 10%) percent
and a minimum of five- tenths ( 0.50%) percent.
G. Street and Alley Construction:
1. All streets shall be graded and paved with Asphaltic
Concrete or Portland Cement Concrete to standards approved by
the Public Works Department. Streets within, adjacent to, or
serving the subdivision shall be constructed to the full
street width indicated in Section 16- 114 unless otherwise
-- noted herein below.
2. Streets and alleys adjacent to the subdivision need
only to be improved for the half width adjacent to the
subdivision providing the half width is sufficient for two ( 2)
way traffic ( twenty- two ( 22) feet) in the case of a street and
for one ( 1) way traffic ( ten ( 10) feet) in case of an alley.
3. Where a frontage street is required and constructed
by the subdivider, the canstruction of the major arterial.
adjacent to the frontage street is the responsibility of the
City of Benson.
4. The subdivider is not required to pave more than
twenty ( 2 0 ) feet of pavement width on each side of the street,
except at intersections, when the required street width is
greater than forty- four ( 4 4 ) feet). When traffic demands
require additional width, the city is responsible, subject to
funding availability, for paving the center island created
whenever the subdivider elects to pave only the twenty ( 20)
foot minimum requirement.
5 . Where there are existing streets adjacent to the
subdivision, proposed streets shall be improved to the
intercepting paving line of such existing streets.
6. Where a minimum width twenty- eight ( 18) foot paved -
access road is allowed, it shall be designed and constructed
so that it can easily be widened to the full width street
without reconstructing the center twenty- eight ( 28) feet.
Connections to existing and proposed streets shall be designed
to safely accommodate traffic including any traffic controi
devices required by the Public Works Department.
H. Intersection Desiqn and Construction:
1. Intersections shall be designed and constructed in
accordance with the improvement standards for streets.
2. The approach to an intersection shall have a
relatively level area with a grade of not more than two ( 2%)
percent for a distance of twenty- five ( 25) feet measured from
the nearest right- of- way line of the intersecting street.
3. All intersections shall have street name signs
installed by the town at the subdivider's expense, located and
constructed to standards approved by the Public Works
Department.
I. Curb- Gutter Desiqn and Construction:
1. All streets shall have Portland Cement concrete curbs
and gutters along the pavement edge constructed to standards
. approved by the Public Works Department, except as noted
herein below. Combined six ( 6 ) inch high vertical curb and
gutter is required on all streets except three and one- half ( 3
1/ 2") inch high rolled curb and gutter may be installed on
streets in residential and industrial areas that are
classified as local. Temporary six ( 6 " ) inch Portland Cement
curb placed on top of the street paving may be used in lieu of
curb- gutter around any street center island or around the
island between a frontage street and major arterial. A six
( 6") inch thickened edge of asphalt may be used in lieu of
curb- gutter along the inside edge of a half ( 1/ 2) width
street, around a temporary turn- around, at the end of a dead-end
street, and along the edge of a minimum standard accsss
road to a subdivision.
2. The provisions of the foregoing paragraph, I. I.,
shall not apply in residential subdivisions where the actual
density is less than one ( 1) residence per acre in the
developed area. ( As amended by Ordinance No. 355 12- 06- 93)
J. Sidewalk Desiun and Construction:
1. Sidewalks shall be located behind the back- of- curb;
providing, however, that lighting standards, utility poles,
traffic control devices, fire hydrants, and mailboxes as
applicable, can be located behind the sidewalk. In cases
where such items cannot be located behind the sidewalk or in
alleys, sidewalks may be located ( 5 ) feet behind the back- of-curb.
In all cases not otherwise governed by the provisions i
- I
of the Manual of Uniform Traffic Control Devices, a minimum
clearance of two ( 2) feet shall be maintained between the face
of the curb and any obstruction. In cases of demonstrated
necessity or existing unusual conditions, the Public Works
Department may approve a reduction of minimum clearance to
within one ( 1) foot of the face- of- curb.
2. All streets shall have Portland Cement concrete
sidewalks behind the curb- gutter where curb- gutter is
required, constructed to standards approved by the Public
Works Department. Sidewalks shall be four ( 4 ) inches thick
and four ( 4 ) feet wide in residential areas and five ( 5) feet
wide in commercial areas. All crosswalks shown on the
subdivision plat shall have a Portland Cement c o n c r e t e
sidewalk down the center. Sidewalks shall be four ( 4 " ) inches
thick and a minimum four ( 4 ) feet wide.
3. Sidewalks shall not be required in residential
subdivisions where the smallest actual lot size is greater
than 14,520 square feet. ( As amended by Ordinance No. 355 12-
06- 93)
K. Street Monument Construction:
Permanent monuments consisting of brass cap, set in
concrete, shall be installed to designate street centerlines
and subdivision boundary lines at all angle points and points
of curvature and at all street intersections. Concrete basis
shall be not less than six ( 6") inches in diameter and twenty-
: four ( 2 4 " ) inches deep with at least one ( 1) vertical steel
reinforcing bar of minimum one- half ( 1/ 2") inch diameter
placed directly beneath the brass cap and extending the full
length of the concrete. After all improvements have been
installed, the subdivider shall be responsible for having a
registered land surveyor or engineer check the location of
monuments and cortify as to their accuracy prior to acceptance
by the city for maintenance.
SECTION 16- 115 UTILITY IMPROVEMENT STANDARDS:
A. General:
1. Utilities, excepting municipal storm drains and
sanitary sewers, shall not be located beneath the street
pavement other than necessary crossings, which shall be made
as close as perpendicular as possible. In cases of
demonstrated necessity and upon presentation of technically
adequate plan insuring proper installation and
maintainability, the Public Works Department may approve
location beneath the street pavement of major primary
transmission lines of electrical, water, sewer, gas or
communications. Any utility installation that may be approved
- < for placement beneath the street pavement shall be completed
prior to actual paving of said streets.
2. Sewage Disposal Desiqn and Construction:
1. A public- or community sanitary sewage system shall be
installed and shall be constructed to plans, profiles, and
specifications approved by the Public Works Department, and in
accordance with State Health Department regulations.
C. Water Service Design and Construction:
1. Fire Hydrants and facilities shall be installed as
follows:
Hydrants, the specifications of which shall bs
approved by t h e Benson Fire Chief, must have two ( 2) and one-half
inch ( 2 1 / 2 " ) outlets and have one ( 1) f o u r and one- half
inch ( 4 1/ 2") pump outlet. The four and one- half inch ( 4
1/ 2") outlet must face the street upon which the hydrant is
located and be at least one ( 1) foot above the surface of the
adjacent street, curb or sidewalk, whichever is highest in
actual elevation. All fire hydrant outlet threads must
conform to National Standard. Hydrant spacing shall not
exceed five hundred ( 500) feet in all districts and said
spacing shall be measured along an unobstructed street, alley
or other access way which has been dedicated to the public for
vehicular use. Water lines must be linked and gate valves
installed so that no single break in the water distribution
system would necessitate shutting off from service a length of
- pipe greater than five hundred ( 500) feet. All water mains
supplying the fire hydrants shall have a nominal diameter of
not less than eight inches ( 8 " ) and shall be capable of
supplying sufficient water flow to conform with the standards
of the Uniform Fire Code then in effect in the City of Benson.
The City Building Official shall not issue building permits
until the subdivision plans have been first certified by the
Benson Fire Chief as conforming to the foregoing standards and
specifications. ( As amended by Ordinance No. 355 12- 06- 93)
2. Fire hydrants and water service to each lot shall be
installed on all streets within the subdivision.
D. ELECTRICAL SERVICE DESIGN AND CONSTRUCTION:
1. Street Lights: Street lights on metal standards
shell be installed on all streets within the subdivision and
on streets developed in conjunction with the subdivision. The
City Council may approve use of wooden standards when
considered more advantageous in commercial subdivisions. The
subdivider shall be responsible for coordinating street
lighting design and installation with the Sulphur Springs
Valley Electric Cooperative and shall cause the street
lighting design plan to be submitted for approval of the city
council concurrently with other required improvement plans.
Street lighting design practices shall be in conformance with
*
" the current edition of the Illuminating Engineering Society
Lighting Handbook, and calculated luminosity shall meet the
following criteria for average horizontal footcandles
( maintained) right- level range, for each street
classification:
Street Classification * Light Level Ranqe
Arterial Type ( Horizontal Footcandles- Maintained)
Major
Minor
Collector Type
Commercial
Residential
Local Type
Commercial
Residential
Cul- de- sac
Commercial
Residential
* Horizontal footcandle maintained values are based
upon average pavement reflectance of approximately
ten ( 10%) percent. For reflectance less than ten
( 10%) percent, increase value fifty ( 50%) percext.
For reflectance more than ten ( 10%) percent,
decrease value by twenty- five ( 25%) percent.
Additionally, the following criteria shall be applied:
( a; Lights shall be placed at all intersections.
! b) Midblock lights should be located at lot corners.
( c) Separation between standards should be no less than
three ( 3 ) nor more than six ( 6) lots apart.
2. Street lights shall be installed on metal or concrete
standards. The Planning E; Zoning Con~ rnission may approve,
based on the recommendation of the City Manager and the
request of the subdivider, use of wooden standards when
considered more advantageous in commercial areas. ( As amended
by Ordinance No. 355 12/ 06/ 93)
3. Street lights shall not be required in residential
districts when the smallest lot is at least 14,520 square feet
in area. ( As amended by Ordinance No. 355 12/ 06/ 93)
A. Lot Desian and Construction:
1. All lots shall be graded to drain toward a street or
drainage easement and the finished floor elevation of any
building shall be at least one ( 1) foot above the elevation of
the water surface that is created during a storm that is
expectedto occur at least once every one hundred ( 100) years.
2. Corner lots shall be graded such that they do not
create a traffic hazard by limiting visibility.
B. Lot Monument Construction:
Iron or steel bars or iron pipes at least fifteen ( 15)
inches long and one- half ( 1/ 2") inch in diameter shall be set
- at all corners, angle points of curvature for each lot and
-. blockw" i thin a subdivision within one ( 1) year of recordation
of the final plat. Identifying data shall be affixed to each
point set in accordance with current rules and by- laws of the
State Board of Technical Registration.
SECTION 16- 117 SUBMITTAL, REVIEW, AND APPROVAL OF ENGINEERING
PLANS :
Plans submitted in accordance with the provisions of
Section 16- 112- B- 1 shall be reviewed and approved by the
Public Works Department. In addition, a set of water
improvement plans shall be supplied to the fire chief, who, in
turn will review the plans and make his written
recommendations to the Public Works Department. The
improvement plan originals shall be stamped by the Public
Works Department as " approved for construction" and a
certificate of approval filed with the city clerk prior to
- recordation of the final plat. Two ( 2) sets of the final,
approved improvement plans shall be supplied to the Public
Works Department prior to commencing construction.
SECTION 16- 118 IMPROVEMENTS SECURITY:
Prior to approval of the final plat by the council, the
subdivider shall provide security by either: ( 1) posting of a
performance bond issued by a qualified surety, ( 2)
establishing a cash trust, said funds to be deposited with the
City of Benson to the credit of the subdivider, ( 3) depositing
with the City of Benson a certificate of deposit issued by a
banking institution authorized to issue same, or ( 4 ) filing
with the City of Benson an executed contract of guaranty
between financial institution authorized to enter into such
contracts. The amount of said security is to be based upon
- the cost estimate prepared by a registered professional civil
t engineer in an amount to cover the completed installation of
the improvements and requires approval by the Public Works
Department. A completion date for the improvements shall he
declared by the subdivider and the security shall provide for
its forfeiture to the City of Benson in the event thzt said
improvements have not been completed or not accepted by the
City of Benson by the declared completion date due to the
default of the subdivider. Where applicable, a concurrent
agreement may be executed between the City of Senson and the
subdivider providing for incremental improvements in planned
unit developments; provided, however, that each approved
increment shall comnensurately conform to the security
rclqui rerner~ st herein above sj? ecifie d. The council m;? y require
of the subdivider such further assurance of the completion of
improvements as they may deem necessary to the interest of the
public.
In addition to the four ( 4 ) security methods provided
herein above, a subdivider may elect to secure its performance
of the improvements and other requirements for subdividing
lands by means of a Third Party Trust and Assurance Agreement
whereby an Arizona- licensed title or trust company holding
title to the lands proposed to be subdivided agrees to act as
a trustee who shall not convey title to any of said lands
without first obtaining a written release from the Benson City
Council, or its designatee, except that the trustee may convey
: title in conjunction with a bulk sale or for the sole purpose
of encumbering lands immediately reconveyed to the Trust and
said assurance agreement shall be subject to acceptance by the
City Council and approval of the Benson City Attorney.
( As amended by Ordinance No. 355 12/ 06/ 93)
SECTION 16- 119 FINAL INSPECTION AND ACCEPTANCE OF
IMPROVEMENTS:
Upon due notice from the subdivider of presumptive
completion of all improvements as called for in the approved
improvement plans and required under the provisions of this
article, the Public Works Department will make an inspection.
If all construction is found to be completed to his
satisfaction, then that inspection shall constitute the final
inspection and the Public Works Department will recommend
final acceptance of the public improvements ( including street,
sewer, and drainage improvements) to the City Council upon
receipt of the following items:
- A. Final Plans:
Final plans drawn in india ink, or a reproducible copy
thereof, showing all street, drainage, and sewer improvements
constructed, and copies of the final plans, showing all
electrical, lighting, gas, telephone, cable television, and
water improvements constructed within public rights- of- way or
public easem2nts for : nclusion in tile town's perr. anent files.
Final plans shall show the approved design conditions and
refiect any field changes approved by the Public Works
Drpartnent and the developer's engineer shall certify that the
finai plans represent as nearly as possible the a c t u a l filed
conditlorls as constructed. Reproducible copies shall be
defined as a copy pr- epareci u s i n a dr: <~ x- c} vrl1i 2 phot ngrdyhi?
i nl< igt. pr oc- c- ss conf n r m i 11g t ,> C: t a r ; t i c l r ( 1.- ,-.-. t .3h9 i ~ t ! ~ . c i by t htb
American National Standards Institute on a polyester material
four thousandths ( .004") of an inch thick with a matte finish.
B, Affidavit Reuardinq Settlement of Claim:
The subdivider shall certify that all bills for labor
and naterials incorporated in the work have been paid and
agrees to indemnify and save harmless the city against any and
all liens, claims of liens, suits, actions, damages, charges,
and expenses whatsoever, which the city may suffer arising out
of the failure of the subdivider to pay for all labor
performed and materials furnished in the construction of the
required improvements.
- C. Guarantee:
..
The subdivider and contractor shall guarantee all work
against defective workmanship or materials for a period of or, e
( 1) year from the date of its final acceptance by the Mayor
and City ~ ouncil. Upon final acceptance of the public
improvements by the Mayor and City Council, the Public Works
Department will notify the subdivider in writing of this
acceptaace as of the date of approval of the council.
SECTION 16- 120 VARIANCES:
A. Hardship
The developer or subdivider may upon written
application to the Planning & Zoning Commission request a
variance from certain regulations of this ordinance.
Where the Planning & Zoning Commission finds that hardship may
result from strict compliance with these regulations, the
commission may recommend the City Council vary the
regulations, provided that such variations will not have the
affect of nullifying the intent and purpose of the Benson
General Development Plan or these regulations.
B. Larse Scale Development
*
The standards and requirements of these regulations may
be modified by the comrriissior, in the case of a plan and
program for a new city, a complete community, or a
neighborhood unit, which in the judgment of the commission
provides adequate public space and improvements for the
circulation, recreation, light, air and which also provides
such covenants or other legal provisions as will assure
conformity to and achievement of the plan.
C. Conditions:
In granting variances or modifications the commission or
City Council may require such conditions as will in its
judgement, secure substantially the objecti~~ t. o~ f the
c, t, ind'j:- ds cf rrqulr. emen!- s so v a l - i f it? d and nrcdif i t . ( ] .
SECTION 16- 121 THE CITY BUILDING OFFICIAL ISSUANCE OF BUILDING
PERMITS :
The city building official shall not issue building
permits until all provisions of Section 16- 119 have been
accepted by the City Council.
All ordinances and parts of ordinances and resolutions in
conflict with the provisions of this ordinance are hereby
repealed.
Should any section, clause, or provision of this ordinance be
declared by the courts to be invalid, such invalidity shall
not affect other provisions which can be given effect withcut
the invalid provision and to this end, the provisions of t h e
ordinance are declared to be severable.
PASSED AND ADOPTED BY TRE MAYOR AND CITY COUXCIL OF THE
CITY OF BENSON, ARIZONA, this day of
i
REPORT ON DEVELOPMENT PROCESS J I
as required by Chapter 166 of the Laws of 1995
For the City of Bisbee, Cochise County
Population 6,288 ( 1 990 Census)
EDUCATIONAL SESSIONS ATTENDED OR SPONSORED ON NEW REQUIREMENTS I
The City Council and Department Heads attended the sessions at the 1995 League of
Cities and Towns Conference that pertained to HB 2229.
As needed, local workshops will be held on the new legislation as it relates to Bisbee.
Sessions will be for Council, Planning Commissioners, Board of Adjustment, staff members
and others who are involved in the development process. Session will be open to the
public.
Boards, Commissions and staff members will continue to attend workshops put on by the
Department of Commerce and the Arizona Planning Association.
PUBLIC HEARINGS OR MEETINGS HELD WITH PROPERTY OWNERS ON NEW @ APPEALS PROCESS
The City has not had any developments where exactions or dedications have taken place.
Therefore, we have not held any public hearings or meetings with property owners. The
new appeals process is similar to the City's other appeals processes.
DESCRIPTION OF REVIEW PROCESS COMPLETED OR UNDERWAY TO DETERMINE
COMPLIANCE WITH RECENT U. S. SUPREME COURT CASES
The City Planning Staff and the City Attorney have reviewed the City's current regulations
that relate to development. All regulations apply to all parts of the City. There is a Historic
District in place for a third of the City ( Old Bisbee). Property owners in this area are
required to go before a Design Review Board to assure changes will continue to follow the
historic period. There have not been and there is no authority for this Board to require
dedications or exactions. Bisbee is currently in the process of updating the General Plan,
redoing the Zoning Ordinance and will modify other regulations as needed to conform with
these documents. All new regulations will be reviewed by the staff and attorney to assure
that ail current State Laws are followed. Due to the topography and age of structures in
Bisbee we anticipate that the new regulations will be creative and flexible.
@ Due to the City's slow growth we have not processed many development applications. The
permit records for the last few years will reflect that most of the construction work has been
REPORT ON DEV. PROCESS
PAGE 2
remodeling of existing structures. These applications were reviewed by staff in
accordance with current City regulations.
DESCRIPTION OF APPEALS PROCESS ADOPTED IN RESPONSE TO NEW LAW
See attached Ordinance and Exhibit ' A' outlining the appeals process.
The appeals process is similar to that required by other regulatory processes. The City has
the required appeals process in place for the Uniform Building Code as well as others. See
the attached chart for an overview of appeal process.
CONTACT PERSON
Questions pertaining to the appeals process may be directed to
Kelli Sertich, AlCP
Planning & Zoning Administrator
1 18 Arizona Street
Bisbee, Arizona 85603
( 520) 432- 5446 phone
( 520) 432- 5858 FAX
HBREPORT. DOC rev 1011 8/ 95
City of Bisbee
1 18 Arizona Street
Bisbee, AZ 85603
Community Development Department
- Processes -
AN ORDINANCE 0I:' I'IIE MAYOR AND COUNCIJ,, CI'I'Y 01'
BISBEE, COCl llSE COUNI'Y, AItIZONA, C1lEA: I'INU AN
API'EALS I'ROCEDUREy 1~ RO. VIDING I; OI< IZEI'EAI, AN12
SEVEIUt3lLl~ I~ Y
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appe: lls procedure of dedicalio~~ ors exaclio~ isi s I~ erebyc renlccf; nlitl
~\' III~ IIEAS1,1 1e Mayor and Coullcil, City of Uisbee, sllail tlcsigrlalc a I Iciit ilig
Ollicer to l~ caar p~~ eaalss a llowed by law; a~ id
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