§ 30-7. Revocation of plat approval and seizing of assurances.

(a)

The board may revoke and declare null and void all approvals of the final plat and any associated preliminary plan, general plan, area plan amendment and rezone or portions thereof upon finding that:

(1)

Within 24 months of recording of the final plat, or as extended, no lots in the recorded final plat have been sold.

(2)

If only a portion of a preliminary plan is being rescinded, each remaining phase must be able to stand alone and function, in the determination of the county engineer.

(b)

In revoking the approval for the final plat, associated preliminary plan, general and area plan amendments and rezone, the board shall:

(1)

Hold a duly noticed public hearing.

a.

The public hearing shall be noticed in a newspaper per A.R.S. § 11-251.

b.

The applicant and project engineer shall be noticed via certified letter.

(2)

Any associated rezone shall be revoked and reverted to the previous zoning per A.R.S. § 11-814.

(c)

If the board chooses not to take action to extinguish inactive recorded plats per subsection (a) of this section, it shall enforce all provision of article III of this chapter and cause the completion of the improvements. If non-financial assurances were posted, including, but not limited to, property escrow trusts, the board shall cause the plat of record to be revoked per subsection (a) of this section.

(d)

If any lots have been sold in said subdivision at the time of the expiration of the approval of the assurances, the board shall enforce article III of this chapter by seizing such assurances and completing the improvements.

(e)

Where a final plat is revoked, the property within the boundary of a plat that has been revoked shall assume the same (undivided) status as prior to the recordation of the subdivision final plat.

(f)

The board of supervisors may revert to acreage recorded subdivisions that are ten or more years old, in which no lots have been sold, and in which no physical improvements have been completed. In conjunction with a reversion of a subdivision plat, the board may also revert the project zoning, per state law. Properties included in reverted plats assume their prior, undivided status. Grubbing and clearing, and the submittal of plans, reports, plats, and other supporting documents, are not considered physical improvements. If reversion action is initiated, the property owner will be notified, by certified letter, of the date, time and place of all related public hearing items. After reversion action, any subsequent proposal to subdivide all or any part of the subject property shall constitute a new submittal and shall be reviewed under these regulations.

( Ord. No. 2001-01 , § 1.7, 2-20-2001; Ord. No. 2004-04 , § 1.7, 12-6-2004; Ord. No. 2010-06 , § 1.7, 4-5-2010; Ord. No. 2011-07 , § 1.7, 8-1-2011; Ord. No. 2011-11 , § 1.7, 9-12-2011)