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  • Subdivision Assurance Process

    Establishment of Assurances

    Assurances are a guarantee to Pima County that all the required subdivision improvements are constructed by the developer prior to the sale of any subdivision lots. Acceptable forms of assurances are either a 3rd Party Trust Agreement or a Financial Security [ARS 32-2183 F.4 or F.2].

    Third Party Trust Agreements (Title Company Trust)

    • An Assurance Agreement for Construction of Subdivision Improvements executed by the escrow or title company shall be submitted to Pima County as part of final plat submittal.
    • The Assurance Agreement shall be presented to the Board of Supervisors at the time the final plat is presented for approval and shall be recorded in conjunction with the final plat.
    • The assurances shall be released upon the satisfactory completion of the subdivision improvements as outlined in the agreement.

    Financial Securities (Letter of Credit, Cash, Certificate of Deposit)

    • Submit a cost estimate for all subdivision improvements, sealed by a registered Professional Engineer, and an estimated completion date for construction of the improvements to the Site Review Unit.
    • The estimate will be forwarded to the appropriate agencies for review. This is a ten working day process. Please coordinate with your financial institution appropriately.
    • An approved or revised estimate will be returned to the consultant with an Agreement to Construct Subdivision Improvements.
    • Assurances shall be secured in the amount approved and submitted to the County along with a signed Agreement to Construct Subdivision Improvements.
    • The assurances will be presented to the Board of Supervisors at the time the final plat is presented for approval.
    • The assurances shall be released upon satisfactory completion of the subdivision improvements, or in cases of default, shall be utilized to construct the required improvements.

    Release of Assurances

    • Subdivision assurances shall be released upon completion of the improvements contemplated by the Subdivision Plat, rezoning conditions and any associated site construction permits, including but not limited to onsite and offsite streets, sanitary sewers (if necessary), water and electric utilities, drainage and flood control improvements, parks, trails or other recreational facilities, other required infrastructure and riparian mitigation.
      • To avoid damage to sidewalks during construction of a home, a sidewalk required by the improvement plan on the driveway side of a lot may be constructed with the drive way for a lot.  The final inspection for the home will not be approved until the sidewalk is completed.
    • Partial releases may be granted where the required improvements for a group of lots have been satisfactorily completed, and such improvements can be used and maintained separately from the improvements required for the entire subdivision plat. Partial releases may require completion of related common area infrastructure or riparian mitigation.
      • A group of lots is defined as contiguous to one another and/or directly opposite a subdivision street or common area from one another and shall constitute a minimum of 10 lots or 50% of total lots for subdivisions containing fewer than 20 lots. Smaller releases may be considered for exceptional circumstances only.
    • Upon completion of the required improvements, an Assurance Release Form for the subdivision or group of lots, including certification of completion in conformance with the approved plans sealed by a registered professional engineer shall be submitted to site@pima.gov. If a financial security has been provided, a cost for the completed work, sealed by a registered professional engineer, shall also be provided. Only the Pima County Assurance Release Form shall be accepted. Any modification to the Form shall be cause for rejection.
    • Upon receipt of the form, a request for inspection shall be forwarded to the appropriate agencies. This is a ten working day process. Please schedule closings appropriately.
    • If corrections to the improvement work are required, the applicable agency will notify the applicant per the contact information on the form. Upon completion of the corrective work, the applicant is responsible for contacting the agency requiring the corrections and requesting a re-inspection.
    • Upon approval of all inspection agencies, a Release of Subdivision Assurance Trust or a Reduction in the Letter of Credit shall be issued. The release documents shall be mailed to the title company or issuing financial agency.The title company shall record the release documents and return to Pima County within 30 days. In the case of a reduction, an acceptable financial assurance must be submitted in the approved amount. Upon receipt and approval of the financial assurance, the original financial assurance shall be released.
    • Recreational Area in-lieu Fees are not collected until 75% of subdivision lots have been released.  Following release of 75% of lots, the entire in-lieu fee amount is due to the County prior to the release of any more lots.

    Substitution of Assurances

    If a bulk sale of lots is proposed, the existing assurance agreement may be substituted with a new 3rd party Trust Assurance Agreement or Financial security if requested by the owner and approved by Pima County.

    Substitution of Trust

    • Submit a signed Substitute Assurance Agreement for Construction of Subdivision Improvements, and appropriate fee (refer to fee schedule) to site@pima.gov.
    • The County shall process the agreement. The Substitute Assurance Agreement and the Release of Subdivision Assurance Trust shall be mailed to the title company or issuing financial agency.The title company shall record the documents and return to Pima County within 30 days. Upon recordation of the documents, the title company may transfer title of the property.
    • If the recorded documents are not returned within 30 days a Voidance Release shall be recorded and the original assurance agreement shall remain in full force and effect.

    Substitution of Financial Securities

    • Submit a cost estimate for the completed work, sealed by a registered professional engineer to site@pima.gov.
    • The cost estimate shall be forwarded to the appropriate agencies for review. This is a ten working day process.
    • The approved or revised cost estimate shall be returned to the consultant with a Substitute Agreement to Construct Subdivision Improvements.
    • Upon receipt of the signed Substitute Agreement to Construct Subdivision Improvements and the original financial security, a release of the previous assurance agreement shall be recorded. The financial assurances shall be released upon completion of the subdivision improvements, or in cases of default, shall be utilized to construct the required subdivision improvements.

    Status of Subdivision Release

    Requests regarding the current status of lots released from trust by subdivision may be emailed to site@pima.gov. Please specify the subdivison name and phase, if applicable, and we will send you a status spreadsheet.

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    Daniel Ice
    Chief Building Official

    Lauren A. Ortega, PE
    Deputy Director

    Joseph Godoy
    Principal Site Review Manager

    Mark Masek
    Plans Examiner Supervisor

    Robin Freiman
    Addressing Official