§ 30-147. Modification of final plats.

(a)

Corrected final plats. Except as may otherwise be provided by law, following the recordation of a subdivision final plat, any error in plat dimensions or bearings or other similar scrivener's error or technical omission may be corrected by the submittal of a reproducible original, recorded subdivision plat to the county engineer.

(1)

The project surveyor or project engineer shall include on the corrected final plat reproducible original all corrections made, and shall note the exact nature and extent of the corrections, as well as providing a new statement of approval for the signature of the county engineer.

(2)

The applicant shall submit necessary fees for the recordation of the corrected plat.

(3)

Upon review of the document, and if finding that the only changes made to the plat are those corrections authorized herein, the county engineer shall certify this by signing the corrected final plat reproducible original and causing the plat to be recorded with the county recorder. Thereafter, the corrected plat shall be titled "First Corrected Final Plat of ____________ ." Subsequently, if additional corrections are necessary, the successive corrected plats shall be titled in numerical sequence.

(b)

Replat of a final plat.

(1)

Changes to the recorded subdivision final plat are limited to the following:

a.

Relocation of any lot or parcel line.

b.

The addition or deletion of any lot or parcel line.

c.

The addition or deletion of no more than two lots or parcels in a logical location that does not affect the function of the subdivision.

(2)

All lots or parcels must comply with the minimum lot size per the county zoning ordinance.

(3)

Submission of the replat of the final plat shall be made to the director, or his designee, and include the following:

a.

A plat prepared per the requirements and standards in section 30-519.

b.

Any supporting documents required in section 30-143 required by the director or the county engineer.

(4)

Replats of subdivision final plats shall be processed by department and approved by the board of supervisors in the same manner as the final plat and shall be subject to the same fees.

(5)

Replatted final plats, processed in compliance with these regulations, and approved by the board of supervisors, upon recordation, shall thereafter be titled "Replatted Final Plat of ____________ ." Subsequently, if additional replats are proposed, the successive amended plats shall be titled in numerical sequence.

(6)

Except for the adjusting or relocating of lot lines, the replatting process shall not be used:

a.

To replat a previously replatted portion of the subdivision.

b.

More than once every five years.

c.

To replat in the same subdivision phase more than two times.

(c)

Amended final plats.

(1)

Any change to a recorded subdivision final plat other than modifications authorized by subsection (a) or (b) of this section shall require the submittal of an amended final plat. Typical changes requiring the amendment of a final plat include, but are not limited to:

a.

Relocation of any roadway right-of-way line.

b.

Relocation of any easement line or change in easement use.

c.

Changes in any subdivision improvements; except that if the only change to the subdivision is the addition of improvements encouraged or expected by these regulations or the county general plan, an amended plat may not be required, per the determination of the director. Other documents may, however, be required (for example, improvement plans, drainage reports, applicable sanitary facilities approvals, cost estimates, assurances, etc., deemed necessary in the determination of the county engineer).

d.

Changes in the amount of land reserved for public use or the common use of lot owners.

e.

Change in designation from private roadways to public, or public to private.

(2)

All amended final plats shall be forwarded to the director, and shall be processed in accordance with and subject to the same procedures, timelines, fees, board of supervisors consideration, and all other regulations of this division, as for original final plat submittals.

a.

Except that, the director, upon the submittal of an amended final plat, may exclude supporting documents defined under section 30-143. This decision would be based on the determination that supporting documents already on file with the original recorded final plat are sufficiently current and remain valid and unaffected by the changes being made to the final plat or to the subdivision thereof.

b.

Under no circumstances shall the requirement for the submittal of review fees or compliance with the requirements of article III of this chapter be waived.

(3)

Only minor final plat amendments may be processed under these provisions. Major or significant changes or amendments, to be determined by the director, shall require a pre-application meeting and the submittal of a new preliminary plat, depending on the extent of the changes, and shall start over processing as outlined under these regulations and specific to those stages of subdivision review.

(4)

Amended final plats, if processed in compliance with these regulations, and if approved by the board of supervisors, upon recordation, shall thereafter be titled "First Amended Final Plat of ____________ ." Subsequently, if additional amendments are proposed, the successive amended plats shall be titled in numerical sequence.

(d)

Roadway plats.

(1)

Uses. Roadway plats may be used for the following:

a.

To widen and/or improve, including realigning, the roadway right-of-way in subdivision recorded prior to March 20, 2001, to comply with current standards.

b.

To establish or accommodate roadway rights-of-way, in conformance with A.R.S. § 11-806, but outside of the subdivision process. Roadways must be constructed to a county standard acceptable to the county engineer.

c.

This process shall not be used where ten percent or more of the lots or parcels from which dedications will be obtained become deficient in minimum lot size as required by the zoning ordinance.

(2)

Submittal requirements. Submittals shall be made to the county engineer and shall include the following documents:

a.

Five copies of a 24-inch by 36-inch plat showing existing roadway rights-of-way, rights-of-way being dedicated by the plat, existing roadway, and adjacent lot, parcels and easements.

b.

Two copies of a title report covering any property being dedicated as roadway right-of-way.

c.

Signed and notarized statements of concurrence from all property owners adjacent to the roadway who are dedicating property for widening or realignment.

d.

Any abandonment applications necessary to accommodate the changes made on the plat, including realignment.

e.

Three copies of construction details and project engineer's cost estimate to be approved by the county engineer for any proposed construction in the existing or proposed right-of-way and any proposed drainage infrastructure. The county engineer may also require a detailed drainage report conforming to the drainage design manual for the county.

f.

Fees as detailed in the adopted fee schedule. No fees shall be charged where the only improvement or change proposed is the widening of roadways, within existing right-of-way, to meet current county roadway width standards.

(3)

Form. The roadway plat shall contain the following information. The information required as part of the plat submittal will be shown graphically, or provided by notes on the plat.

a.

Plat data shall be drawn to a legible engineering scale in compliance with state law. If the plat consists of multiple pages, all pages shall include match lines and be drawn to the same scale.

b.

Each page of the plat shall measure 24 inches by 36 inches, and be in a form that can be recorded with the county recorder.

c.

The plat shall contain a depiction of all rights-of-way being dedicated via the plat or the roadway being recognized, and all change in roadbed or pavement.

d.

The plat shall show existing lots, parcels, rights-of-way and easements present in the subdivision which lie contiguous to new roadway areas, as well as those lots and parcels which may otherwise be affected by the changes made on the plat.

e.

The plat shall contain notes and narrative sufficient to fully document the existing lots, parcels, rights-of-way and easements of record, and to denote the changes made by the plat.

f.

The plat shall contain statements of dedication, signature blanks for those making the dedication, ratification statements, if necessary, as well as statements from the project surveyor who prepared the plat, and statements of county approval, to be signed by the county engineer or surveyor, the development services director, and the environmental health division. Required notarizations shall appear on the plat.

g.

The plat shall identify the original subdivision, the roadway(s) of which are being widened, by referencing the recorded subdivision name (as appropriate), the township, range and section where the subdivision is located, and the date of recordation of the subdivision plat as it appears at the time of the roadway widening.

h.

Each lot or parcel which has been altered in any way due to the dedication of new right-of-way on the plat shall show on the plat the resulting net acreage or square footage of that lot or parcel.

i.

The plat shall provide bearings and dimensions for all roadways, easements, lot and parcels within the boundary of the plat.

j.

The boundary of the plat shall be depicted in a thicker line that is readily distinguishable.

k.

The plat shall also contain all other information as required of parcel plats, per section 30-519, except as otherwise provided for herein.

l.

Prior to recording the roadway plat, survey monuments shall be set as required to define the new right-of-way and adjoining property corners.

(4)

Processing.

a.

The county public works department, the development services department, the environmental health division, and any other agency with an interest shall review the plat for conformance with these regulations. The plat shall be distributed for review, with comments due back to the county engineer within 15 working days.

b.

Corrected plat submittals shall be submitted along with any required supporting documents to the county engineer.

c.

The county engineer, the director, and the manager of the environmental health division may require additional documents and apply appropriate requirements to protect the public health and safety, or to accommodate the variables encountered in redevelopment of said property that would ensure lots, parcels and roadways are usable. Applicants, who object to any decisions made by any of the reviewing departments, may appeal a decision within 30 days of notification of the decision to the planning and zoning commission.

d.

The state department of environmental quality approval of sanitary facilities form shall be required for any property redeveloped through this procedure, prior to scheduling the right-of-way plat for consideration by the board of supervisors.

e.

When the plat complies with these regulations and the requirements imposed by reviewing departments and agencies, the county engineer will schedule the plat for consideration by the board of supervisors.

f.

The board of supervisors may either approve or deny the plat. Upon approval, the plat shall be recorded by the county engineer within 30 working days of approval. Plat approval by the board of supervisors includes the acceptance of all dedicated rights-of-way established via the right-of-way plat.

(5)

Other requirements.

a.

All proposed construction roadways shall be completed prior to the recordation of the plat. Assurances shall not be used for the construction of such improvements for projects based on roadway plats.

b.

If a roadway widening or realignment results in more than ten percent of all residential lots in the subdivision becoming deficient of zoning minimum lot sizes, the plat shall be processed as an amended subdivision final plat per the procedures of section 30-147(b).

c.

Pursuant to applicable state statutes, the county and other governmental agencies shall be exempt from compliance with these regulations in the processing of a public project which affects or amends any subdivision plat, except as provided herein.

d.

The county shall, in instances where it initiates a public works project, prepare a right-of-way plat containing the information required herein and it shall be prepared under the review of the county surveyor, and the county shall record said roadway plat.

e.

Lots or parcels which are deficient of the minimum lot size required by the county zoning ordinance shall be considered "lots of record" and building permits may be issued to those lots when in compliance all other requirements of the zoning ordinance and environmental health rules.

(e)

Roadway plats uses. Roadway plats may be used for the following: To establish or accommodate roadway rights-of-way, in conformance with A.R.S. § 11-805, but outside of the subdivision process. Roadways must be constructed to a county standard acceptable to the county engineer.

( Ord. No. 2001-01 , § 3.11(J), 2-20-2001; Ord. No. 2001-09 , § 3.11(J), 11-5-2001; Ord. No. 2004-04 , § 3.11(J), 12-6-2004; Ord. No. 2010-06 , § 3.8(J), 4-5-2010; Ord. No. 2011-11 , § 3.8(J), 9-12-2011)