8.5.B Final Plat | Sedona Land Development Code

B. Final Plat

The final plat procedure completes the subdivision process and ensures compliance with the approved preliminary plat and applicable standards in this Code.

a. The final plat procedure applies to all subdivisions in the City unless otherwise stated in this Code. Until a final plat of a subdivision has been approved in accordance with these regulations, no division of land either by recording a plat, conveyance, or other similar action which by definition constitutes a subdivision shall be permitted.

b. Applications for final plats submitted to the City within 12 months after original Council approval of the preliminary plat shall be subject to the design and improvement standards applicable at the time of the preliminary plat application. All other final plat applications shall be subject to the design and improvement standards applicable at the time of the final plat application.

Figure 8-8 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of final plats. Additions or modifications to the common review procedures are noted below.

The final plat application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling. The final plat shall be presented in accordance with the requirements set forth in this Code and the Administrative Manual and shall conform to the approved revised preliminary plat.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action, with the following modification:

1. The Director, upon receipt of the final plat submittal, shall immediately record receipt and date of filing and check it for completeness. If complete, the Director shall review the plat for substantial conformity to the approved preliminary plat and refer copies of the submittal to the reviewing offices specified in the Administrative Manual. The Director shall assemble the recommendations of the various reviewing agencies and prepare a concise summary of the recommendations, submit the summary of the reviewers’ recommendations to the Council. The Director shall offer the applicant an opportunity to correct any deficiencies in the submittal based on the comments received.

2. If the Director finds that the final plat does not conform to the approved preliminary plat, the applicant shall be required to resubmit a new final plat application.

1. Upon receipt of a complete application for Council action on a final plat, the request shall be placed on the agenda of a regular Council meeting. No public hearing or notice is required. The Council shall approve or deny the plat at this meeting.

2. If the Council approves the plat, the Clerk shall transcribe a Certificate of Approval on the plat, first making sure that all required certifications have proper signatures.

3. When the Certificate of Approval by the Council has been transcribed on the plat, the Department shall retain the copy to be recorded until the City Engineer certifies that the subdivision has met the Arizona Boundary Survey Minimum Standards and the engineering plans have been approved.

4. The Director shall authorize the final plat to be recorded in the office of the county recorder of Yavapai and/or Coconino County.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

The applicant shall not record a plat unless the plat has been approved by the Council. Any offer to sell, contract to sell, sale or deed of conveyance of a major or minor subdivision or any part thereof before a final plat, in full compliance with the provisions of these regulations, has been duly recorded in the office of the county recorder shall be a violation of this Code.

Before the recording of the plat, the following shall be filed with the City Clerk:

i. A Certificate of Approval of improvement plans signed by the City Engineer;

ii. A copy of the executed agreement between the City and the applicant;

iii. The letter of agreement with serving utilities; and

iv. Financial assurance, cash, or letter of credit in an amount specified by the City Engineer and in a form acceptable to the City Attorney pursuant to Section 8.5.B(3)d.3.

i. To ensure construction of the required improvements as set forth in this Code, except those utility facilities defined in Section 7.4.G(4), Utilities, the applicant shall deposit with the City Engineer an amount in cash or financial assurance or other legal instrument equal to 100 percent of the cost of all work plus the fees established in the Administrative Manual to cover administrative costs, or of each approved phase (as determined by the City Engineer), guaranteeing that all work will be completed in accordance with City plans and specifications in a form acceptable to the City Attorney.

ii. When the improvement of a street by a governmental agency is imminent, the applicant shall deposit the current estimated costs for the improvement of such facilities commensurate with estimated traffic impacts of the proposed subdivision, as approved by the Director, in an account to be disbursed to the City at the time the contract is awarded for the project.

iii. The financial assurance shall be executed by the applicant, as principal, with a corporation authorized to transact surety business in the state of Arizona through an authorized agent with an office in Arizona. The financial assurance shall be in favor of the City and shall be continuous in form. The total aggregate liability of the surety for all claims shall be limited only to the face amount of the bond, regardless of the number of years the bond is in force. The bond or cash shall be released upon satisfactory performance of the work and its acceptance by the City Engineer. The bond may not be canceled or the cash withdrawn by the applicant until other security satisfactory to the City has been deposited which will cover the obligations remaining to be completed by the applicant.

i. Instead of providing assurance of construction in the manner provided in Section 8.5.B(3)d.2, the applicant may provide assurance of construction of required improvements (except those utility facilities defined in Section 7.4.G(4), Utilities) by delivering to the City Engineer, before recording of the plat, an appropriate agreement between an approved lending institution and the applicant. Funds sufficient to cover the entire cost of installing the required improvements, including engineering and inspection costs and the cost of replacement or repairs of any existing streets or improvements damaged by the applicant in the course of development of the subdivision, and approved by the City Engineer shall be deposited with such approved lending institution by the applicant.

ii. The agreement shall provide that the approved funds are specifically allocated and will be used by the applicant, or on his behalf, only for the purpose of installing the subdivision improvements. The City shall be the beneficiary of such agreement, or the applicant’s rights thereunder shall be assigned to the City, and the City Engineer shall approve each disbursement from these funds. The agreement may also contain terms, conditions, and provisions normally included by such lending institutions in loan commitments for construction funds or necessary to comply with statutes and regulations applicable to such lending institutions.

All improvements required for the development of the subdivision shall comply substantially with the plans approved and adopted by the City Council. An applicant or his successors in interest may file a request for an amendment with the Director. Upon receipt of a request, the Director will determine whether the requested change is minor or major. The following procedures shall be followed for any amendment to a final plat, including amendments to the subdivision’s phasing schedule.

a. The Director shall bring a proposed major amendment before the Commission and the Council following the same procedure required under this Code for submission of a preliminary plat and final plat application.

b. The change will be deemed major if it involves any one of the following:

1. An increase in the approved total of units, lots, or gross commercial area for the subdivision;

2. A change in the zoning district boundaries from those approved for the subdivision;

3. Any change that could have significant impact on areas adjoining the subdivision as determined by the Director; and/or

4. Any change that could have a significant traffic impact on roadways adjacent or external to the subdivision as determined by the City Engineer.

a. If the requested change is determined to be minor, the amended final plat shall be submitted to the Director in the format specified in the Administrative Manual.

b. The Director shall assemble the recommendations of the various reviewing officers, prepare a concise summary of the recommendations, and submit this summary to the Council.

c. Upon receipt of a complete application for Council action on a final plat amendment, the request shall be placed on the agenda of a regular Council meeting. The Council shall approve or deny the final plat amendment at this meeting.

d. If the Council approves the plat, the Clerk shall transcribe a Certificate of Approval on the plat, first making sure that all required certifications have proper signatures.

e. The Director shall authorize the final plat to be recorded in the office of the county recorder of Yavapai and/or Coconino County.