Minor Land Division Regulations - Parcel Plats
7.00 Minor Land Divisions
A. Purpose.
To ensure that minor land divisions comply with the minimum applicable zoning regulations, have legal access and do not create a subdivision. Certain basic improvements and design standards may be necessary and desirable in order to ensure proper development of an area experiencing an increase in density. These provisions are necessary to prevent circumventing the intent and spirit of these Land Division Regulations and to ensure responsible development. This section establishes two routes for review. Which route each proposal would follow is determined by whether or not the proposal includes a rezone that allows an increase in land use intensity or density.
B. Applicability.
The provisions of this section shall apply to the division of any land, lot, or parcel for the purpose of sale or lease, whether immediate or in the future, into: Five (5) or fewer lots, parcels, or fractional interests; any one (1) or more of which is less than thirty-six (36) acres. “Sale” or “lease” includes every disposition, transfer, or offer or attempt to dispose of or transfer land or an interest or estate thereof. “Fractional interest” means an undivided interest in land, lots, or parcels, in which, for the purpose of sale or lease, such interest is created and is evidenced by receipt, certificate, deed, or other document conveying such interest.
Two routes are provided in this section:
1. Proposals which do not require or do not propose a change in the zoning classification or rezone may apply using the ministerial review process described in Section 7.C, below.
2. Proposals which require or propose a change in zoning classification or rezone, shall apply using the parcel plat process, as described in Section 7.D.
C. Ministerial Review.
1. Any minor land divisions that do not require or do not propose a change in zoning may comply with the provisions of this subsection.
2. Permit Application.
a. Any person dividing land in Mohave County into five (5) or fewer lots, parcels, or fractional interests, any one or more of which are less than thirty-six (36) acres and that does not involve or require a change in zoning, shall submit an application for a minor land division to the Public Works Department. The application shall include the following:
1) A parcel plat conforming to Section 7.E of these regulations.
2) Processing fee according to Chapter 8 of these regulations.
b. The applicant shall submit five copies of the plan and documents.
3. Action by the County Surveyor
The County Surveyor shall review the presented information and shall, in writing, within 30 days, make a determination.
4. Denial by the Director
The Director may withhold approval if the land division would result in a subdivision as defined in A.R.S 32-2101. The Director may also withhold approval if the land division is not in compliance with minimum county zoning requirements, as defined in A.R.S. 11-831, or lacks legal access and those deficiencies are not noticed on the deeds conveying divided lots.
5. Notice by the County Surveyor
The County Surveyor shall inform the applicant in writing of the following:
a. Whether the parcels resulting from the land division are in compliance with the minimum applicable county zoning requirements.
b. Whether the parcels resulting from the land division appear to have public right of vehicular ingress and egress in accordance with A.R.S. 11-831.
1) For the purpose of this section, legal access is a public right of vehicular ingress and egress between the lots, parcels or fractional interests being created.
Easements granted, or rights-of-way dedicated to provide legal access to lots or parcels created by the minor land division, shall meet the following standards:
2) For all minor land divisions granted easements or dedicated rightsof-way shall be twenty-four (24) feet in width, whether located entirely on one property or split between adjoining properties. The applicant may volunteer a wider roadway.
6. Review Period
If verification of the zoning, access, and subdivision status is not completed within thirty (30) calendar days of receipt of the parcel plat, the land division shall be deemed approved.
7. Prohibited Action by the County
a. The County may not deny approval of any land division that meets the requirements of A.R.S. 11-831 or where noncompliance with minimum zoning regulations or legal access have been noticed in the deed.
b. The County may not require a public hearing on a request to divide five (5) or fewer lots, parcels, or fractional interests, or the parcel plat. Public hearings will be held on rezone requests in conformance with state statute.
8. Notice on the Deed
If legal access is not available, the legal access does not provide access by emergency vehicles, or the county zoning requirements are not met, the access and/or zoning deficiencies shall be noticed on the deed.
9. Appeals
If the County Surveyor or the Director denies approval of the minor land division, the owner or agent may appeal the decision to the Planning and Zoning Commission. If the Planning and Zoning Commission denies the approval of the minor land division, the owner or agent may appeal the decision to the Board of Supervisors. Deadlines for action contained in this section do not apply to appeals. The appeal shall be placed on the agenda for the next regular meeting of the Commission or the Board.
10. Waivers
a. Purpose and Authority
The purpose of this section is to grant authority to the Director to take action on requests for minor waiver(s) to the zoning requirements. This authority applies to the consideration of minor land divisions only.
b. Permitted Waivers
The Director may approve waivers to allow the creation of a lot that is not more than .03 of an acre or one percent (1%), whichever is greater, below the required minimum lot size. This waiver shall apply only to areas that are zoned for a minimum lot size of one (1) acre or more. The approval of Environmental Health is required prior to the granting of this waiver.
c. Application
An application for a waiver must be filed with the Director on a form prescribed by the Director. The application must be accompanied by the following:
1) Name and address of the applicant.
2) Address and legal description of the property.
3) Statement of the precise nature of the waiver being requested.
d. Findings
In approving a waiver request, the Director shall make a finding that the request complies with Section 7.C.9.b.
e. Appeals
If the Director denies a request for a waiver, the applicant may apply for an appeal before the Board of Supervisors. Deadlines for action contained in this section do not apply to appeals. The appeal shall be placed on the agenda for the next regular meeting of the Board.
D. Parcel Plat Required with a Rezone.
1. Parcel plat: The Board of Supervisors, after receiving a recommendation from the Planning and Zoning Commission, may require as a condition for changing the zone to allow a smaller lot size or more lots for the purpose of minor land division, a parcel plat complying with these regulations.
2. Pre-application Meeting: Before proceeding with any division of land or the preparation of a parcel plat, the owner or his agent should meet with the County Surveyor or staff for an informal discussion on the proposed land division.
3. Parcel Plat Submission Requirements: Upon approval of the rezone by the Board of Supervisors, a parcel plat conforming to Section 7.E, as may be required by the Board, may be prepared and five prints submitted to the Public Works Department. The County shall review the parcel plat, as it relates to the following:
a. Provision for Utility Easements.
b. The applicable requirements of these Regulations, and any other BOS requirements.
c. Zoning Requirements.
d. Provisions for access to each parcel.
e. Minimum usable lot requirements.
A copy of the parcel plat shall be submitted by the County Surveyor to the Development Services Department, Cartography Department, and other agencies as determined by the County Surveyor, for evaluation and recommendation. Interested agencies shall have a maximum of twenty calendar (20) days from the date the application is deemed complete by the County Surveyor, to submit their report. No reply by an agency shall be interpreted as having no objections.
4. Determination by the County Surveyor: Within a reasonable period of time, from submittal of the parcel plat, the County Surveyor shall review the reports submitted by other departments and shall determine whether or not the parcel plat meets the requirements of these regulations and make specific recommendations, where it is deemed necessary, in writing, to be incorporated by the owner on a revised parcel plat. Upon written approval from the County Surveyor, the tracings and appropriate recording fee(s) shall be submitted to the County Surveyor.
5. If the County Surveyor does not approve the parcel plat for recordation, the owner or their agent may appeal the decision to the Planning and Zoning Commission. Should the Planning and Zoning Commission also disapprove the parcel plat, the owner or their agent may appeal the decision to the Board of Supervisors.
6. Upon approval and certification that all parcels have been surveyed and monumented, the County Surveyor shall have the Parcel Plat recorded. If a dedication is included, the Clerk of the Board of Supervisors shall acknowledge the plat, after the dedication is accepted by the Board of Supervisors.
7. Recordation of documents: The approved parcel plat shall be recorded with the Mohave County Recorder’s Office.
E. Specifications for Parcel Plats.
1. Parcel plats shall be prepared in accordance with this Chapter of the Land Division Regulations and the following:
a. The parcel plat shall be a map, legibly drawn with black ink, printed or reproduced by a process guaranteeing a permanent record in black ink, on mylar, in a size of 18 x 24 inches. A one-half (½) inch blank margin shall be left at all edges of the map, except that the left, 18-inch side shall have a two (2) inch margin for binding purposes. Five prints of the plat shall be submitted to the County Surveyor for checking purposes. Do not send originals until requested by the County Surveyor.
b. Digital or electronic files in a format acceptable to the County may be submitted in addition to the reproducible plat.
c. Parcel plats will not be recorded until all conditions of approval have been met and all parcels have been staked.
d. Field surveys are not advised until after conditional approval of the land division is received from the Public Works Department. Allowable field survey error of closure is on one (1) foot in 10,000 feet, or plus or minus 0.03 foot, whichever is greater.
2. Parcel plats shall show:
a. A description of monuments found, set, reset, replaced, or removed in surveying the parcels. The description should include the kind, size, and locations, and other pertinent data.
b. Ties to witness monuments and/or adjoining lots or parcels basis of bearings, bearing and length of lines, North indicator, scale of plat, date or period or survey, existing property lines, areas involved, and owner of the property being divided.
c. Names and legal designation of the original lot or parcel in which survey is located. If the parcels are to be sold under a common name, the name shall appear on the plat as “Parcel Plat of ___________.”
d. The owner’s name, address, telephone number, e-mail, and FAX number, if any.
e. Name, address, telephone number, e-mail, and FAX, if any, of the person who prepared the plat.
f. The proposed method of sewage disposal and source of water supply for each parcel.
g. All existing roadways, utilities, easements, and dedications within or contiguous to the area being surveyed and their names, if any, shall be shown on the plat. Items listed above, if of record, shall be so referenced.
h. Each parcel shall be numbered or designated in some logical manner.
i. The land being divided shall be indicated by a clearly seen border.
j. Dedications may be made by a parcel plat. Certificates required are as defined in this subsection. All existing dedications or easements within or adjacent to the area being surveyed and their names, if any, shall be shown on the plat. Items listed above, if of record, shall be so referenced.
k. Offers of dedication or granting of easements shall be identified and dimensioned.
l. Proof of ownership, if a dedication is included on the plat.
m. Notes required:
1) Basis of bearings
2) (R) = Record information (if more than one, so indicate)
3) (M) = Measured distance or bearing
4) Symbol to indicate monuments set (give type and size)
Symbol(s) to indicate monuments found (give type, size, and cite the reference as appropriate)
n. Any other data necessary for the interpretation of the various items and location of the points, lines, and areas shown.
o. A statement of the flood zone designation according to FEMA/FIRM maps.
p. Certificates which shall appear on the plat are as follows:
1) Surveyor’s Certificate:
The survey and monumentation of the above described property was made under my direction and supervision and is based upon an actual field survey. The monuments described as found were found; the monuments described as set were set, this plat meets the requirements of A.R.S. 33-105. The parcels shown hereon have/do not have (choose one) legal access.
________________________________________________
Signature, Date, Registration No., Seal
2) County Surveyor’s, or County Engineer’s Certificate:
COUNTY ENGINEER, OR COUNTY SURVEYOR:
This map has been examined this ____ day of _____, ____, for conformance with the requirements of Chapter 7 of the Mohave County Land Division Regulations.
______________________________________________________ County Surveyor, or County Engineer, County of Mohave, Arizona
3) Recorder’s Certificate:
Filed and Recorded at the Request of
________________________ of _______________ on (date) , in Book_____ of Parcel Plats, Page ______, Records of Mohave County, Arizona.
By___________________ ________________________
Deputy Recorder Recorder
Reception No. ____________________________________
4) Development Services Director’s Certificate:
This map has been examined this ____ day of ________, _____, for conformance with the requirements of the Mohave County Zoning Ordinance. The parcels hereon conform/do not conform (choose one) to the minimum zoning requirements.
___________________________________ __________
Development Services Director Date
5) If a dedication of roadway or utility right-of-way is included on the plat, a dedication acknowledgment and acceptance similar to the following should be included on the plat:
KNOW ALL MEN BY THESE PRESENTS: that
_______________ (is / are) the owner(s) of the land included within the plat shown hereon, that (I / we) (am / are) the only person(s) whose consent is necessary to pass clear title to said land and (I / we) hereby consent to the making and recording of said plat. (I / we) hereby dedicate to the public for use as such, and (public roadways, public utility easement) as shown on said plat, and included in the above- described premises:
IN WITNESS WHEREOF, this dedication is executed this _____ day of _________, _______.
________________________ __________________
________________________ __________________
NOTARY ACKNOWLEDGMENT:
State of ___________________ )
)ss.
County of __________________)
This dedication was acknowledged before me, the undersigned officer, by __________________________ this ________day of _________, ______.
_____________________________________(seal)
Notary Public
My Commission Expires: ____________________
6) Acceptance by the Board of Supervisors:
ACCEPTANCE:
I, _________________________Clerk of the Board of Supervisors of Mohave County, hereby certify that said Board on the _______day of ________, ______, accepted on behalf of the public the foregoing, described parcel of real property offered for dedication/granting for public use, in conformity with the terms of the offer of dedication/granting. This acceptance is NOT a commitment by Mohave County that it will at any time construct, establish, or maintain any improvement within these dedications/easements.
_____________________________________ (seal) Clerk, Board of Supervisors, Mohave County
F. Conspiracy to Subdivide.
It shall be unlawful for a person or group of persons acting in concert to attempt to avoid the provisions of these regulations or the subdivision laws of the State of Arizona, to divide a parcel of land into six (6) or more lots, or sell or lease six (6) or more lots, by using a series of owners or conveyances. This prohibition may be enforced by the County Attorney’s Office or the Arizona Department of Real Estate, or both, pursuant to A.R.S. 32-2101.