Part III - NE Santa Cruz County Development Code
Chapter Eight - Required Improvements, Installation, and Maintenance
This chapter requires the installation of improvements in subdivisions and
other developments at the developer's expense, sets improvement standards,
permits the phased installation of improvements pursuant to formal
development agreements, and requires the perpetual maintenance of
required improvements and any open space included in a development. The
development agreements provided for here are "protected development plans"
as provided for by §11-1201, ARS, et seq.
VIII.A. Required Improvements Defined. A required improvement is any
improvement required for compliance with this ordinance. Required
improvements specifically include, but are not limited to:
- runoff and erosion control measures, including plantings, required in
an approved runoff and erosion control plan;
- landscaped buffers, fences, walls, and other improvements required to
mitigate nuisances;
- water, sewerage, and other utilities, including any extension of lines
required to serve a development;
- off-street parking and loading areas;
- roads, including bridges, culverts, and street identification and
traffic control signs.
VIII.B. Installation at Developer's Expense. Installation of all required
improvements shall be at the developer's expense.
VIII. C. Standards for Required Improvements. All required improvements
shall be installed in compliance with this ordinance and any design and
engineering standards separately adopted by the county or other agencies
responsible for providing services to the development.
VIII.D. Time of Installation/Development Agreements.
- Developers may install all required improvements before a final plat is
recorded or the development is offered for lease or sale, leased, sold, or
occupied.
- Developers may elect to record final plats of the development in phases
and/or offer phases of the development for lease, sale, or occupancy
before all required improvements are installed. Phasing shall be
permitted, but only pursuant to a development agreement that:
- incorporates a conceptual site plan of the entire development (the site
plan used as a basis for permit approval) and a detailed site plan and
construction drawings of the initial phase/s;
- identifies all required improvements in the initial phase/s and
establishes their estimated cost;
- sets a schedule for the completion of the required improvements in the
initial phase/s and an anticipated schedule for future phases;
- guarantees completion, repair, and one year's maintenance of all
required improvements in the initial phase/s using one of the methods
listed in VIII.F and provides a process for the submission of detailed
plans, cost estimates, and the guarantee of improvements in future
phases;
- provides a process by which the county may, if necessary, complete
required improvements using the guarantee/s provided;
- provides a process by which either party may request re-negotiation of
the development agreement,
- provides a process by which the development agreement may be
transferred, with county approval, to the developer's successors; and
- provides that the development agreement and any vested rights it
confers shall be void if the county is required to use a guarantee to
complete required improvements or if the anticipated schedule required
above is not met or re-negotiated. The developer shall have the right to
re-negotiate the anticipated schedule without losing vested rights,
provided that such negotiations are initiated, by the developer within 90
days after failure to initiate or complete a phase as scheduled.
- An "initial" phase is any phase anticipated to begin within 18 months.
The anticipated schedule may set times for the initiation or completion of
a phase in terms of reasonable ranges of no more than 12 months.
VIII.E. Effect of Development Agreement. The effect of a development
agreement shall be to create vested rights in the conceptual site plan, as
it was approved. All such rights expire with the development agreement.
Development agreements do not insulate developments from changes in state
or federal regulations or changes in building and fire codes.
VIII.F. Guarantees. Completion of the improvements identified in a
development agreement shall be guaranteed by one of the following methods:
- The developer may place an amount equal to 110% of the estimated cost
in escrow, with that amount and accumulated interest being released only
after the county has inspected and accepted the required improvements. A
development agreement may provide for the phased release of a portion of
the escrowed funds as work proceeds, but at least 25% of the amount in
escrow shall be retained until all required improvements are installed,
inspected, and accepted. If any required improvements are not completed as
provided in the development agreement, the county shall use as much as
necessary of the escrow account to complete those improvements, before
returning any remaining balance to the developer.
- The developer may place real estate appraised at an amount equal to
110% of the estimated cost in escrow, with that property being released
only after the county has inspected and accepted the required
improvements. A development agreement may provide for the phased release
of a portion of the escrowed real estate as work proceeds, but at least
25% of the property in escrow shall be retained until all required
improvements are installed, inspected, and accepted. If any required
improvements are not completed as provided in the development agreement,
the county shall take title to and sell as much as necessary of the real
estate to complete those improvements. Any remaining real estate shall be
returned to the developer.
- The developer may provide an irrevocable or standing letter of credit
for an amount equal to 110% of the estimated cost. The letter of credit
shall be released only after the county has inspected and accepted the
required improvements. If any required improvements are not completed as
provided in the development agreement, the city or county shall use as
much as necessary of the credit available to complete those improvements.
VIII.G. Inspection and Acceptance of Improvements. Required improvements
shall be inspected by the administrator before acceptance. Acceptance of
required improvements shall be by action of the board, following
submission of the developer's written request for acceptance and receipt
of the administrator's report that all improvements have been inspected
and are in full compliance with this ordinance
VIII.H. Inspection Fees. Fees for the inspection of required improvements
shall be set by resolution of the board. Inspection fees shall be paid
before any work on required improvements is permitted.
VIII.I. As-Built Drawings. Reproducible as-built drawings of all
subdivision improvements shall be provided to the county at the
developer's expense.
VIII.J. Warranty of Improvements. Required improvements shall be warranted
by the developer for both materials and workmanship for one year after
their acceptance. Such a warranty provision shall be included in all
development agreements. Where all required improvements will be completed
before a final plat is approved and the development is offered for lease,
sale, or occupancy, a warranty agreement shall be submitted for approval.
Enforcement of the warranty shall be assured by:
- retention of 10% of an escrow account established to comply with VIII.F;
- a continuing letter of credit, as provided in VIII.G., but for 10% of
the cost of the required improvements; or
- establishment of a new escrow account, in which an amount equal to 10%
of the cost of all required improvements is deposited, and which shall be
released only upon expiration of the warranty.
VIII.K. Continuing Maintenance Required. The continuing maintenance of any
improvement required for compliance with this ordinance shall be required.
Failure to maintain any required improvement shall be a violation of this
ordinance.
VIII.L. Maintenance Mechanism. Any development subject to the continuing
maintenance requirement of VIII.K. that results, or may reasonably be
expected to result, in the creation of multiple ownerships (subdivisions,
condominiums) shall create a community association or similar mechanism to
assure continuing maintenance. The developer shall submit the proposed
declaration of covenants, articles of incorporation, and by-laws for the
community association with the application for a permit and these
documents shall be approved by the county's legal counsel and recorded
before any certificate of compliance is issued.
VIII.M. Maintenance of Landscaping. Maintenance of landscaped areas
includes the installation and maintenance of an irrigation system, timely
irrigation, weed and pest control, and all other activities required to
maintain the function of the landscaped area.
VIII.N. Open Space Maintenance. Any open space area required for
compliance with this ordinance shall be properly maintained, including
fencing, where required; control of noxious weeds; litter removal; and
wildfire suppression. Maintenance activities shall not diminish the open
space values (wetlands, slopes, etc.) being protected.
Sonoita Crossroads Community Forum
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Sonoita, AZ 85637
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