Arizona Revised Statutes

Ariz. Rev. Stat. § 9-463 (2026)

Definitions

✓ current as of May 2026

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In this article, unless the context otherwise requires:

1. "Design" means street alignment, grades and widths, alignment and widths of easements and rights-of-way for drainage and sanitary sewers and the arrangement and orientation of lots.

2. "Improvement" means required installations, pursuant to this article and subdivision regulations, including grading, sewer and water utilities, streets, easements, traffic control devices as a condition to the approval and acceptance of the final plat thereof.

3. "Land splits" as used in this article means the division of improved or unimproved land whose area is two and one-half acres or less into two or three tracts or parcels of land for the purpose of sale or lease.

4. "Municipal" or "municipality" means an incorporated city or town.

5. "Planning agency" means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, the legislative body itself, or any combination thereof.

6. "Plat" means a map of a subdivision:

(a) "Preliminary plat" means a preliminary map, including supporting data, indicating a proposed subdivision design prepared in accordance with the provisions of this article and those of any local applicable ordinance.

(b) "Final plat" means a map of all or part of a subdivision essentially conforming to an approved preliminary plat, prepared in accordance with the provision of this article, those of any local applicable ordinance and other state statute.

(c) "Recorded plat" means a final plat bearing all of the certificates of approval required by this article, any local applicable ordinance and other state statute.

7. "Right-of-way" means any public or private right-of-way and includes any area required for public use pursuant to any general or specific plan as provided for in article 6 of this chapter.

8. "Street" means any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat heretofore approved pursuant to law or a street in a plat duly filed and recorded in the county recorder's office. A street includes all land within the street right-of-way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts.

9. "Subdivider" means a person, firm, corporation, partnership, association, syndicate, trust or other legal entity that files application and initiates proceedings for the subdivision of land in accordance with the provisions of this article, any local applicable ordinance and other state statute, except that an individual serving as agent for such legal entity is not a subdivider.

10. "Subdivision" means any land or portion thereof subject to the provisions of this article as provided in section 9-463.02.

11. "Subdivision regulations" means a municipal ordinance regulating the design and improvement of subdivisions enacted under the provisions of this article or any prior statute regulating the design and improvement of subdivisions.

Notes of Decisions

Cited in 5 cases, 1965–2007 · leading case: HOME BUILDERS ASS'N v. City of Maricopa, 158 P.3d 869 (Ariz. Ct. App. 2007).

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HOME BUILDERS ASS'N v. City of Maricopa, 158 P.3d 869 (Ariz. Ct. App. 2007). “before it was made,” § 9-463 could not apply here; (2) the city could not legally assess an impact fee for pre-existing structures (here Smith-Enke and Honeycutt Roads), so it would not be able to provide a credit for impact fees it cannot legally assess; and (3) “the City…”

Manning v. Reilly, 408 P.2d 414 (Ariz. Ct. App. 1965). · cites it 2× “A.R.S. § 9-463 provides that “[t]he governing body shall not hold its public hearings or take action until it has received the final report of the commission.”

Folsom Investments, Inc. v. City of Scottsdale, 620 F. Supp. 1372 (D. Ariz. 1985). · cites it 3× “The state enabling act for municipal subdivision regulations is Ariz.Rev.Stat.Ann. § 9-463 et seq. Municipal subdivision regulation must be authorized by Section 9-463 et seq.”

City of Phoenix v. Beall, 524 P.2d 1314 (Ariz. Ct. App. 1974). · cites it 2× “A hearing was held by the City’s Planning Commission, a commission functioning pursuant to A.R.S. § 9-463 (prior to the legislative changes of 1973).”

Home Builders Ass'n v. City of Maricopa (Ariz. Ct. App. 2007). “before it was made,” § 9-463 could not apply here; (2) the city could not legally assess an impact fee for pre-existing structures (here Smith-Enke and Honeycutt Roads), so it would not be able to provide a credit for impact fees it cannot legally assess; and (3) “the City does[…”

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