dissenting.
I am unable to agree with the majority opinion. The final plat was submitted for approval after the effective date of A.R.S. Sec. 11-806.01. Subsection F thereof contains a legislative mandate. No discretion is left to the Board of Supervisors as to the content of their regulations. The regulations passed by the Board must require by way of performance bond or otherwise a proper assurance from the subdivider that streets, sewers, electric and water utilities, drainage, flood control, etc., are actually installed and constructed. The purpose of these requirements are obvious in view of the rampant land fraud that has occurred in this state. Too often land in this state has been subdivided and lots sold to unwary purchasers who soon find that such improvements cannot and will not be constructed. It is clearly the intent of the legislature that after June 13, 1975 the Board of Supervisors cannot approve a subdivision plat unless the necessary assurances have been made. When appellant filed his final plat for approval he did so under the new statute and therefore with knowledge of the existence of the new statute. He cannot now rely upon the old statute to require approval of his plat. Had the Board promulgated rules and regulations pursuant to the statute and noticed them for public hearing pursuant to subsection G of A.R.S. Sec. 11-806.01, it could have delayed approval of the plat pending the adoption of the regulations. Chicago Title & Trust Co. v. Village of Palatine, 22 Ill.App.2d 264, 160 N.E.2d 697 (1959). The fact that it did not do so in this case cannot operate to require the Board to approve a plat which it has no power to approve.
I would affirm.