§ 15-4-4 Required improvements subdivisions.
(A) Streets, private access ways and alleys. All streets, private access ways and alleys within the boundary lines of the subdivision shall be improved to cross sections, grades and standards approved by the City Engineer. Alleys used for primary vehicular access shall be paved. Where there are existing streets adjacent to the subdivision, subdivision streets shall be improved to the intercepting paving line of such existing streets or to a matching line determined by the City Engineer. Transition paving shall be installed as required by the City Engineer. When a subdivision includes a major street which is not paved or where there is no paved street between the subdivision and a paved major or collector street, an interim two lane street at least 24 feet wide shall be constructed to a standard approved by the City Engineer on the major street, collector or local street right of way to the nearest paved major or collector street; when a marginal access road is required, strip paving shall be installed for the major street traffic lanes. Dead end streets extending 200 feet or more and dead end marginal access roads shall be provided a graded and surfaced temporary 40 foot radius turning circle; alleys shall be graded and surfaced to paved streets.
(B) Curbs. Where streets are to be paved, a concrete curb, curb and gutter or valley gutter as designated by the City Engineer shall be installed in accordance with approved city standards. When density of development is low or where for other reasons, such as to provide or maintain a rural atmosphere, the installation of curb and gutter is not considered necessary, the Council may waive this requirement for one or both sides of local streets. Vertical curbs shall be installed on the major street side of a marginal access road, along collector streets and along school or park property.
(C) Sidewalks. Concrete sidewalks shall normally be required on both sides of streets and shall be constructed to a width, line and grade approved by the City Engineer in accordance with approved city standards. Where density of development is low, or where for other reasons the installation of sidewalks is not considered necessary, the Council may waive the requirement for one or both sides of local streets.
(D) Crosswalks. Concrete walks through blocks shall be constructed to a width, line and grade approved by the City Engineer.
(E) Street name signs. Signs shall be placed at all street intersections and be in place by the time the street pavement is ready for use. Specifications for design, construction, location and installation shall be by the Department.
(F) Storm drainage. Proper and adequate provision shall be made for disposal of storm water. This shall apply equally to grading of private properties, private access ways and to public streets. Existing major watercourses shall be maintained and dedicated as drainage ways. The type, extent, location and capacity of drainage facilities for a subdivision shall be as required by the City Engineer from the survey and storm runoff calculations made by the subdivider’s engineer. All retention basins, channels and like facilities shall be constructed in accordance with the requirements of the City Engineer and in accordance with post-construction sediment and erosion control measure requirements set forth in the City’s AZPDES permit. Water generated on the property by a 100-year frequency storm shall be retained on the site or disposed of as required by the City Engineer. Stormwater management facilities and practices (structural and non-structural control measures, respectively) shall be designed to allow for the maximum removal of pollutants and reduction in flow velocities. Stormwater management facilities shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater management facilities, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater management facility. In addition, a binding covenant specifying the parties responsible for the proper maintenance of all stormwater management facilities shall be secured prior to approval of final subdivision plat and issuance of any permits for land disturbance activities. The use of non-structural stormwater practices is encouraged in order to minimize the reliance on structural practices.
(G) Sanitary sewage disposal. Sewage disposal facilities shall be installed to serve each lot and be subject to the following standards and approvals:
(1) Public sanitary sewer lines shall be installed in all new subdivisions in accordance with plans, profiles and specifications approved by the County Health Department and the City departments having jurisdiction of water sewers;
(2) In areas where public sanitary sewers are not reasonably accessible, the owning agency, with the approval of the County Health Department, may agree to operate a temporary disposal unit or pumping station. The subdivider shall construct these temporary facilities along with the sewer lines in the subdivision. They shall be designed for connection with a future public sewer system.
(H) Water supply. Each lot shall be supplied with safe, pure and potable water in sufficient volume and pressure for domestic use and fire protection, including fire hydrants, and other types of installations required by the Fire Code in water lines which are designed to the standards of the Water and Sewers Department and the Fire Department.
(I) Irrigation facilities. All irrigation facilities requiring 72 inch diameter pipe or less which are to remain within the boundaries of the tract or in an abutting one half street or alley right of way shall be tiled in accordance with standards of the owning agency and relocated as may be directed by the City Engineer and the owning agency. Where street improvements require relocation of control gates or other structures, such relocation and reconstruction shall conform to the requirements of the City Engineer and the owning agency. In rural developments this requirement may be waived by the City Engineer.
(J) Monuments. Permanent monuments shall be installed in accordance with current city standards at all corners, angle points and point of curves, at all street intersections and at all corners, angle points and points of curve of all conservation easements. After all improvements have been installed, a registered land surveyor or civil engineer shall check the location of monuments and certify their accuracy.
(K) Lot corners. Iron pipes shall be set at all corners, angle points and points of curve for each lot within the subdivision prior to the recording of the plat.
(L) Utilities.
(1) New electric, communication and T.V. lines, including, but not limited to, electric, communication and T.V. lines shall be installed underground. When overhead utility lines exist within the property being platted, said existing overhead utility lines and the new installations within the platted area shall be placed underground; when overhead utility lines exist on the periphery of the property being platted, the existing overhead utility lines and any additions or replacements needed to increase capacity or improve service reliability may remain overhead; provided, however, that any service drops into the platted area from said peripheral overhead lines shall be underground. When overhead utility lines exist on the periphery of the property of five acres or less being platted, then the utility lines within the platted area may be overhead. When, as a result of the subdivision development, it is necessary to relocate, renew or expand existing facilities within the platted area, the subdivider shall make the necessary arrangements with the serving utility for these installations to be placed underground. The subdivider shall arrange with the serving utility for, and be responsible for, the cost of underground service lines to approved street light locations.
(2) The subdivider shall be responsible for the requirements of this subsection and shall make the necessary arrangements with each of the serving utility companies involved for the installation of the underground facilities. Letters from each of the serving utility companies indicating that said arrangements have been made shall be submitted to the City Engineer at the time the final subdivision plat is submitted for approval. When, due to subsurface soil conditions or other special conditions, it is determined by the City Engineer that it is impractical to construct facilities underground, installations shall be overhead. Those electric lines of greater than 3,000 KVA (Kilovolt amperes) capacity as rated by the American Standard Association are excluded from the requirements of this subsection.
(M) Street lights. In subdivisions where all other utilities are installed underground, underground electrical service required for street lighting shall be installed to those street light locations approved by the City Engineer.
(N) Walls on landscape and vehicular non access easements. Continuous undulating or offset decorative masonry walls shall be installed on landscape and vehicular non access easements along major streets when lots back up to a major street in accordance with the design requirements and approval of the City Engineer.
(O) Landscaping. All landscaping, along with appropriate watering systems, within public rights of way or landscape easements, shall be in accordance with plans approved by the City Engineer.
(P) Freeway development standards. The purpose of this section is to provide the appropriate and necessary off site and on site improvements to protect and enhance the livability of properties near any Freeway within the City. These Freeway corridors will have a significant impact on the surrounding land uses. Noise and traffic generated by Freeways will impact residential land uses and other noise sensitive uses that may be constructed adjacent to the Freeway corridors. It is the intent of the City to ensure that Freeway noise impacts are mitigated by establishing noise attenuation requirements applicable to future development of residential subdivisions and subdivisions containing or proposed to include noise sensitive uses.
(1) All residential development and noise sensitive uses located within 500 feet of Freeway alignments shall comply with the provisions of this section.
(2) A sound attenuation plan will be required of all residential subdivisions and subdivisions containing or proposed to include noise sensitive uses within 500 feet of Freeway right of way boundaries prior to approval of a preliminary plat. Any subdivision completely or partially located within 500 feet of the exterior edge of the planned right of way boundary on each side of Freeway alignments shall comply with the provisions of this section. Abatement measures are generally required only with respect to structures designed for human occupancy within the specified distance from the Freeway right of way boundaries.
(a) The sound attenuation plan shall include a noise analysis of the subdivision that details the projected Freeway noise levels based upon the most current projected traffic volumes available from the Maricopa Association of Governments. The time period for the projected traffic volumes and traffic characteristics shall be a minimum of 15 years from the date of the submittal of the sound attenuation plan, unless otherwise approved by the City Engineer, or his or her designee. In the event that the design and development of the projected Freeway is not at a stage for which a noise analysis is reasonably feasible, then no such noise analysis shall be required, but the sound attenuation plan shall obligate the property owner to construct or otherwise provide for a sound barrier wall of a minimum of eight feet in height or an acceptable equivalent and install landscape treatments, subject to the approval of the Zoning Administrator or his or her designee.
(b) The sound attenuation plan shall include the proposed attenuation measures needed to reasonably predict that the projected exterior noise levels on the subdivision at ground level shall not exceed the (Leq) 67 dBA noise level. For the purposes of this section, the noise measurement method used by the Arizona Department of Transportation (ADOT) and the Federal Highway Administration (FHWA) will be used. In addition to any proposed attenuation measures, a sound attenuation plan may also identify who, in place of the property owner, may be responsible for the specific measures, the timing for installing the specific attenuation measures and describe or provide for proposed alternative means of compliance as to any specific attenuation measures as may be approved by the City Engineer or his or her designee.
(c) The sound attenuation plan shall include a certification by a qualified transportation noise analyst as to the projected exterior noise levels on the site and that the sound attenuation measures will meet the (Leq) 67 dBA noise level.
(d) The sound attenuation plan shall also include measures needed to reasonably predict that the projected interior noise levels for each dwelling unit or building unit or building determined to have a noise sensitive use shall achieve a maximum interior noise level of (Leq) 45 dBA. In order to comply with this maximum noise level, a minimum of R18 exterior wall assembly, a minimum of R30 roof/ceiling assembly, dual glazed windows and solid wood and foam filled fiberglass or metal doors to the exterior shall be required of new dwelling units. As an alternative, a certification by an architect or engineer to achieve a maximum interior noise level of (Leq) 45 dBA at the time of final construction may be submitted. The sound attenuation standards of this section shall not apply to accessory buildings used on a property with the primary building.
(3) Sound attenuation improvements shall include all reasonable and feasible measures necessary to meet the required standard, including the construction of Freeway walls and earthen berms. If there are special characteristics within a Freeway corridor, such as the topography of the area, drainage, maintenance requirements or safety considerations, as determined by the City Engineer or his or her designee, then the construction of a noise barrier of greater than 20 feet in height should be avoided. Reasonable and feasible measures may include, without limitation, achieving a noise reduction of at least 5 dBA, barrier height, aesthetic issues relating to a proposed barrier or such other measures as consistent with the ADOT (Arizona Department of Transportation) Noise Abatement Requirements (May 2017, as may be amended) and approved by the City Engineer or his or her designee.
(4) The sound attenuation measures shall utilize designs that minimize the visual impact on the subdivision with appropriate use of colors and materials. Any landscape plan proposed for any subdivision subject to the Freeway development standards whereby a wall or berm is required shall include, where appropriate, visual mitigation measures, such as colors, materials, styles, designs or additional landscape treatments to minimize the visual impacts of walls or berms.
(5) The City Engineer or his or her designee shall review the sound attenuation plan and its proposed improvements for compliance with the intent of this section.
(6) The approval of the sound attenuation plan shall occur prior to any preliminary plat approval.
(7) Notwithstanding the approval of a particular sound attenuation plan, where changed conditions or circumstances have occurred, any property owner (or its successor in interest) for whom a sound attenuation plan has been approved may apply to the City Engineer or his or her designee to amend the plan. Changed conditions or circumstances may include, without limitation, changes in the location, grade or design of a proposed Freeway, changes in the proposed land use adjacent to the Freeway or any changes significantly affecting the noise analysis of the subject property.
(8) Subject to the approval of the City Engineer or his or her designee, a residential development shall have the option of complying with an approved sound attenuation plan (or a portion thereof) by placing on deposit with the City for deposit in an interest bearing account (with interest to accrue to and be made a part of such deposit) a sum equivalent to the cost of the applicable noise mitigation measures specified in the plan, in lieu of actual construction of any particular such measures for which a deposit is made. This deposit shall be made prior to recordation of the final plat, and except to the extent expended for the noise mitigation measures specified, shall be reimbursed to the party making the deposit, upon the earlier to occur of:
(a) A determination by the Arizona Department of Transportation (ADOT), the Maricopa County Department of Transportation (MCDOT) or other applicable governmental authority not to construct or extend the Freeway, including any redesignation reducing the status from Freeway to some other roadway, in the proximity of the subject property; or
(b) A change in the location or alignment of the Freeway (or right of way boundaries) as a result of which the subject property ceases to be within the Freeway proximity for which this section requires a sound attenuation plan; or
(c) That date which is 20 years after the date of deposit (the Reimbursement Date), unless on or prior to the Reimbursement Date, ADOT, MCDOT or other applicable governmental authority confirms in writing the continued plan for which this section requires a sound attenuation plan, in which event the Reimbursement Date shall be extended up to an additional 10 years from the date of such confirmation. In no event may the Reimbursement Date be extended beyond the date which is 30 years after the date of deposit.
(9) If the City Engineer or his or her designee determines that the sound attenuation plan (including a proposed amended plan) does not meet the intent of this section, that decision may be appealed to the City Council within 45 days of the decision. (Prior Code, § 15-4-4) (Am. Ord. 2002-790, passed 7-22-2002; Am. Ord. 06-1025, passed 9-25-2006; Am. Ord. 23-1589, passed 9-25-2023)