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Jefferson County Unincorporated
City Zoning Code

ARTICLE XVI

Subdivisions

Section 400.5010 Application of Subdivision and Site Development Regulations.

[Zoning Order §16.010, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
Except as otherwise noted in this Article for minor subdivisions, the regulations contained herein apply to the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for the purpose of sale or building development, whether immediate or future, including the resubdivision or replatting of land or lots and site development plans where no lots are created. Where land is being divided into parcels of ten (10) acres or more, those parcels are exempt from the regulations of Article XVI. Furthermore, the Office of the Recorder of Deeds shall not record a deed that contains a metes and bounds description conveying a tract of land containing less than ten (10) acres unless the Planning Division has exempted the deed.

Section 400.5020 Subdivision Requirements and Enforcement.

[Zoning Order §16.020, 4-2-2008]
A. 
The County shall be responsible for enforcing the following requirements regarding the subdivision and platting of property:
1. 
No subdivision (except a minor subdivision as defined herein) may be developed in the County until both a preliminary plat and improvement plans have been filed and approved and all applicable conditions of this Article have been satisfied.
2. 
No person shall create a minor subdivision, plat amendment or any other similar act within the County, except in conformance with the provisions of this Article.
3. 
No lot, tract or parcel of land shall be divided by a metes and bounds description for the purpose of sale, transfer or lease, except in conformity with these requirements.
4. 
No subdivision shall contain a lot that is less than the minimum dimensions set out in the applicable zoning district regulations.
5. 
No lot, tract or parcel of land, as part of any plat or replat of any subdivision, shall be sold, traded or legal title otherwise conveyed by deed unless the plat or replat first shall have been approved in accordance with the provisions of this Article and recorded in the office of the Recorder of Deeds.
6. 
No building permit shall be issued for the construction of any building or structure located on a lot, tract or parcel or plat divided or sold in violation of the provisions of this Article.
7. 
No building permit shall be issued for a lot, unless said lot is platted in conformance with this Article.
8. 
No person shall change any recorded subdivision plat, if the change affects any street layout shown on the plat or area reserved for public use or any lot line or if it affects any plat legally recorded prior to the effective date of this Article, unless the parcel shall be approved by the County under the procedures established by this Article.
9. 
No changes, erasures, modifications or revisions (other than to correct errors or minor changes consistent with the approval of the Planning and Zoning Commission, Planning Commission, as determined by the Director) shall be made to any plat after approval has been given by the Planning Commission, unless the plat is first resubmitted for review and approved as required by this Article.

Section 400.5030 Building or Construction On Property Lines.

[Zoning Order §16.030, 4-2-2008]
There shall be no construction or building across a property line in the County. If a construction project is to be constructed on or across two (2) or more separately platted or subdivided lots, these lots or properties must be replatted into a single lot or property in accordance with the provisions of this Article before a building permit is issued for the project.

Section 400.5040 Conditions, Dedications and Deviations Stated On Plat.

[Zoning Order §16.040, 4-2-2008]
All conditions of approval of a subdivision that run with the land, the acceptance of dedications of land by the County Council and all deviations granted by the Planning Commission shall be clearly stated on the final plat prior to its recording.

Section 400.5050 Deviations.

[Zoning Order §16.050, 4-2-2008]
The Planning Commission may approve, pursuant to the procedures set forth in Article IV of this UDO, a subdivision plat that modifies one (1) or more of the restrictions or regulations found in this UDO including, but not limited to, density and minimum lot size requirements, floor area ratios, building setback requirements, development standards of Article VII of this UDO, required minimum public improvements, maximum structure heights, parking, landscaping, buffering and tree protection requirements. Uses permitted as of right, uses permitted with conditions and conditional uses in each zone district, as set forth in Article V, cannot be modified pursuant to this Subsection, unless qualifying as materially similar uses as specified in Article V of this UDO. A subdivision plat that contains proposed deviations from one (1) or more restrictions or requirements of this UDO, as authorized by this Subsection, may be approved if the Planning Commission concludes that the development proposed by the subdivision plat is in the best interest of the County, incorporates sound planning principles and design elements that are compatible with surrounding properties and consistent throughout the proposed project, effectively utilize the land upon which the subdivision is proposed and further the goals, spirit and intent of the Jefferson County official Master Plan and this UDO. Any proposed deviation must be identified on the submitted preliminary plat. A separate vote on proposed deviations is not required, but is at the discretion of the Planning Commission.

Section 400.5060 Condominium Plats.

[Zoning Order §16.060, 4-2-2008]
A. 
Any proposed development of property using the condominium form of ownership shall be treated by the County, for all purposes under the UDO and the Building Code, the same as a physically identical development under a different form of ownership.
B. 
In addition to any submission requirements in the UDO for a conditional use permit application, rezoning application, development plan application or plat application, the County may require an applicant using the condominium form of ownership to submit with the application the condominium declaration and the condominium plat that are prepared in conformance with Chapter 448, RSMo. This information may be used to evaluate the application under the procedures, standards and criteria that are applicable to the application under the UDO.

Section 400.5070 Inspections and Enforcement.

[Zoning Order §16.070, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(16.070), 7-30-2008]
A. 
Stop Work Orders.
1. 
In addition to the other authority granted by this Article, the County may post a site with a stop work order directing that all or any portion of the development activity cease immediately, provided that:
a. 
The County determines that the development activity violates a condition or requirement of the permit or approved plan or any provisions of this Article or regulations;
b. 
Written warning notice is furnished to the permittee or the permittee's representative that lists deficiencies and the time within which the corrections must be made; and
c. 
The permittee fails to comply with the warning notice within the specified time.
2. 
A person must not continue or permit the continuance of work in an area covered by a stop work order, except work required to correct deficiencies.
3. 
For the purposes of this Article, a stop work order is validly posted by posting a copy of the stop work order on the site of the development activity in reasonable proximity to a location where the activity is taking place.
4. 
Except as otherwise provided, the County must provide written notice to the permittee or a representative of the permittee when a stop work order is issued. A copy of the order, in the case of work for which there is a permit, shall be mailed by first class mail, postage prepaid, to the address listed by the permittee on the permit. In the case of work for which there is no permit, a copy of the order shall be mailed to the person listed as owner of the property by Jefferson County. The permittee is responsible for the actions of agents of the permittee and must notify those agents when a stop work order is issued that will affect an area within which the agents are to work. In this regard, "agent" is defined as any person who acts at the instruction, with the permission, or to the benefit of the permittee.
5. 
Revocation of permit.
a. 
The Director shall revoke the permit if the permittee fails or refuses to cease work pursuant to a stop work order issued in conformity with this Article.
b. 
The County shall immediately revoke the permit upon failure of any permittee to maintain the performance guarantee.

Section 400.5100 Minor Subdivisions - When Allowed.

[Zoning Order §16.080, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(16.080), 7-30-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. 
Minor subdivisions, both residential and non-residential, may include the following:
1. 
A division of land into no more than four (4) lots, less than four (4) acres in size, having access to a County or State-maintained street or to a private drive. These subdivisions must meet the regulations of Section 400.5250. The lots shall meet the minimum lot size of the zone district;
2. 
A division of land into lots four (4) or more acres in size. These subdivisions must meet the regulations of Section 400.5250;
3. 
An adjustment in boundaries between the owners of adjoining platted lots. These adjustments in boundaries must meet the regulations of Section 400.5110;
4. 
A division of parcels for utility easements; and
5. 
A resurvey to combine two (2) or more lots or portions of lots into one (1) lot. These resurveys must meet the regulations of Section 400.5110.
B. 
An exception exists where the owner of the property proposed to be subdivided certifies that each resulting lot will be conveyed (with no consideration paid) by or to parents, siblings, his or her child (or child and child's spouse) or grandchild (or grandchild and grandchild's spouse) and where the recipient children and/or grandchildren (and spouses) certify that they will not convey their lots to third (3rd) parties for at least three (3) years other than to the parents, their children (spouse, if applicable), grandparents or their grandchildren (spouse, if applicable). This conveyance may be done by either deed or plat.
C. 
No more than one (1) minor subdivision involving the original tract of land may be approved within any two (2) year period other than a boundary adjustment, except for a subdivision where all the lots are more than four (4) acres in size. These subdivisions may submit a phasing plan allowing for the plat to be recorded in accordance with the phasing plan. No combination of the exemption and minor subdivision of land into lots of less than four (4) acres in size shall result in more than four (4) lots on the same land.

Section 400.5110 Minor Subdivisions - Application - Contents and Submission Requirements.

[Zoning Order §16.090, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(16.090), 11-12-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 14-0303 §§ 1 — 2, 4, 9-8-2014; Ord. No. 17-0158, 2-14-2017]
A. 
The minor subdivision plat shall include or be accompanied by the following information:
1. 
Name of subdivision.
2. 
Location by section, township, range, County and State and including descriptive boundaries of the subdivision as determined by Missouri Minimum Standards.
3. 
Location of streets, utility lines, alleys, easements and other public grounds that abut or are upon the parcel.
4. 
Location of all existing structures and physical improvements upon the parcel.
5. 
Names of all abutting streets.
6. 
Name and address of subdivider and surveyor making the plat.
7. 
North Arrow And Scale. All plats are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Director.
8. 
Signature blocks for the following certifications, with the corresponding name typed, printed or stamped beneath the signature:
a. 
Signature of the owner or owners and notary public;
b. 
Certification by a registered land surveyor that the plat meets Missouri Minimum Standards for subdivision plats;
c. 
Certification of approval to be signed by the Director; and
[Ord. No. 20-0406, 9-29-2020]
d. 
Certification that taxes have been paid on the property as identified by parcel number(s).
[Ord. No. 20-0406, 9-29-2020]
e. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (A)(8)(e), regarding certification of approval to be signed by the Code Enforcement Division, was repealed by Ord. No. 20-0406, 9-29-2020.
9. 
Statement dedicating all easements.
10. 
Statement dedicating all streets, sidewalks, alleys and other public areas to be dedicated, but not previously dedicated.
11. 
If individual sewage disposal systems are proposed, the surveyor shall certify such on the plat. If public wastewater treatment is being proposed, the surveyor shall certify such on the plat.
[Ord. No. 20-0406, 9-29-2020]
12. 
All minor subdivisions that are located in the 100-year hazard area as determined by the Federal Emergency Management Agency's FIRM maps shall indicate the limits of the 100-year hazard area on the lot. These lots shall have a minimum building area for habitable structures of not less than six thousand five hundred (6,500) contiguous square feet that is at least one (1) foot above the 100-year elevation.
13. 
All storm sewer pipes and culverts will be sized in accordance with Chapter 505, Article II, Sections 505.130 et seq., of this Code.
14. 
Where grading is proposed, it is to be performed in accordance with the adopted stormwater management regulations of Jefferson County.
15. 
Where a private street is to be used as access to the lots in a minor subdivision of four (4) lots or less and where the property is zoned residential, the road shall be at least twenty (20) feet in width and constructed of a minimum of eight (8) inches of compacted rock. Where a private street is to be used as access to the lots in a minor subdivision of more than four (4) lots and where the property is zoned residential, the roads shall be designed in accordance with the pavement standards of Section 400.2560. All minor subdivisions shall have an approved vehicle turnaround where the length of the road exceeds three hundred (300) feet. In the cases where the road already exists, the County will determine the acceptability of the drive by application of the standards of the UDO.
16. 
No road in the subdivision shall have a grade in excess of fourteen percent (14%).
17. 
Subdivisions shall have access in accordance with Section 400.5410(3)(a).
18. 
A stop sign will be required for all minor subdivisions where a major local access or local access street or a private drive accesses onto a State or County-maintained road.
19. 
All required improvements for residential minor subdivisions shall be certified by a licensed professional and inspected and approved by the County.
20. 
Where the minor subdivision is on property zoned non-residential, roads shall meet Article VII standards and shall be designed to these standards on the site development plan.
21. 
A site development plan shall be submitted and approved for a non-residential minor subdivision lot prior to any building permit being issued.
B. 
Required improvements shall be completed or a guarantee agreement with security shall be submitted prior to final approval.

Section 400.5120 Consideration and Approval of Minor Subdivisions.

[Zoning Order §16.100, 4-2-2008]
The subdivider or surveyor shall submit the minor subdivision plat to the County for review. The County may approve the minor subdivision if the subdivider presents evidence that the minor subdivision plat conforms to all applicable requirements of the County, the International Fire Code as adopted by the County and that all submission requirements have been satisfied. Addresses shall be assigned from Jefferson County "911" and provided to the County. After approval by the County, the subdivider shall record the minor subdivision plat at the office of the Recorder of Deeds.

Section 400.5130 Minor Subdivision - General Requirements.

[Zoning Order §16.110, 4-2-2008]
A. 
All lots platted or any remaining platted or unplatted land shall meet all zoning requirements for lot sizes or be designated as common ground.
B. 
No building permit shall be issued for a lot or tract in a minor subdivision unless all required improvements for the minor subdivision have been substantially completed or the subdivider enters into a guarantee agreement with the County secured by one (1) of the following:
1. 
An irrevocable bank letter of credit in a form approved by the County Counselor; or
2. 
A deposit to the County in an amount equal to one hundred percent (100%) of the cost of the required improvements in accordance with the requirements of Section 400.5250.
C. 
The applicant may appeal a denial of a minor subdivision plat to the Planning Commission.
D. 
A minor subdivision may include a new street, extension of municipal facilities, creation of any improvements or additional easements, provided the necessary documents have been properly recorded with the office of the Recorder of Deeds prior to County approval of the minor subdivision.

Section 400.5140 Boundary Adjustments - When Allowed.

[Zoning Order §16.120, 4-2-2008; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. 
The purpose of this Section is to allow adjustments to be made to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of building sites. It is not intended that extensive replatting be accomplished by use of this Section.
1. 
Boundary adjustments must meet the following criteria:
a. 
Additional lot(s) shall not be created by any adjustment;
b. 
The resulting adjusted lot or lots shall not be reduced below the minimum sizes and dimensions required in this Article and this UDO;
c. 
Location of all existing structures and physical improvements upon the parcel;
d. 
Driveways must be approved by the Public Works Department prior to recording of the boundary adjustment;
[Ord. No. 14-0303 §§1 — 2, 4, 9-8-2014]
e. 
Signature blocks for the following certifications, with the corresponding name typed, printed or stamped beneath the signature:
(1) 
Signature of the owner or owners and notary public;
(2) 
Certification by a registered land surveyor that the plat meets Missouri Minimum Standards for subdivision plats;
(3) 
Certification of approval to be signed by the Director;
(4) 
Certification that taxes have been paid on the property as identified by parcel number;
(5) 
Certification of approval to be signed by the Code Enforcement Division if individual sewage disposal systems are proposed.
2. 
Lots in non-compliance. Boundary adjustments shall be allowed for lawful lots existing in non-compliance with minimum area, frontage and dimensional requirements of this Article or the UDO, provided that the resulting adjustment of lot lines does not increase the degree of non-compliance as determined by the Director.

Section 400.5150 Consideration of Boundary Adjustments.

[Zoning Order §16.130, 4-2-2008]
A. 
A boundary adjustment may be accomplished by plat or deed, except that a deed (i) shall not be used to remove or adjust a boundary where either parcel is a lot of record, and (ii) must include an adequate legal description of the boundaries of the original lots and of the adjusted lots.
B. 
The boundary adjustment plat or deed shall be submitted to the County for review and approval prior to its being recorded.
C. 
Processing fees and costs as prescribed by these regulations shall be paid in conjunction with any boundary adjustment plat or deed.

Section 400.5160 Preliminary Plat - When Required.

[Zoning Order §16.140, 4-2-2008]
A preliminary plat shall be required for the approval of any subdivision of land that is not a minor subdivision. Approval of the preliminary plat is required before the review of the improvement plans and the final plat.

Section 400.5170 Preliminary Plats - Application - Contents and Submission Requirements.

[Zoning Order §16.150, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(16.150), 11-12-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. 
Preapplication Conference. Subdividers shall attend a preapplication conference as required by Section 400.920 of this UDO for the purpose of reviewing their proposed preliminary plat with staff, to determine studies and data needed for preliminary plat review and to determine whether deviations to the requirements of this Article may be necessary.
B. 
Preliminary Plat Submission. After the preapplication conference, the preparation and submittal of the preliminary plat by the subdivider shall include the number of copies of the preliminary plat as required by the County. The subdivider shall also submit digital copies of the preliminary plat in a multi-media format used by the County and importable into Microsoft PowerPoint. An application for preliminary plat(s) is deemed complete if it contains all of the information required to be included by this Section. Applications that do not meet the requirements of this Section are incomplete and will not be submitted to the Planning Commission.
C. 
Contents. The preliminary plat also shall contain the following information:
1. 
Proposed name of subdivision;
2. 
A vicinity sketch (location map), at a legible scale, to show the relation of the plat to surroundings and the sketch shall also show utility connections too remote to be shown on the preliminary plat;
3. 
Location of boundary lines by section, quarter section or quarter-quarter section lines and any adjacent corporate boundaries comprising a legal description of the property;
4. 
Names, addresses and phone numbers of the developer and the engineer, surveyor, planner or landscape architect making the plat;
5. 
All plats are to be drawn to a standard engineer's scale no less than 1"=100', provided the actual scale used will depend on the development and shall be subject to the approval of the County;
6. 
Existing conditions on the proposed subdivision site and adjacent to the site within specified distances:
a. 
Locations, width and name of each existing or platted driveway, access easement; street, alley or other public way; and dedicated rights-of-way within two hundred (200) feet of the site; location, width and name of utilities, railroad and utility rights-of-way, bridges, parks and other public open spaces and permanent buildings within one hundred fifty (150) feet of the site;
b. 
All existing stormwater systems, sanitary sewers, water mains, gas mains, culverts or other underground installations with locations shown within fifty (50) feet of the site;
c. 
Names of abutting subdivisions and owners of abutting parcels of unsubdivided land;
d. 
Parcel number(s) of the property;
e. 
Locations of watercourses and all areas designated as 100-year floodplain areas by the Federal Emergency Management Agency on the proposed subdivision and within fifty (50) feet of the boundaries of the proposed subdivision;
f. 
Identify the watershed in which the subdivision is located;
g. 
Tree masses, approximate acreage;
h. 
Special features (such as lakes, ponds, bridges, dams, steep slopes or unusual geology) or unusual historical features (such as cemeteries, former dumps, fill areas or lagoons) as known by the applicant;
i. 
Identification, location and nature of all existing zoning districts and land uses within two hundred (200) feet of the boundaries of the proposed subdivision; and
j. 
Existing topography may be submitted on a separate plan sheet for the proposed subdivision and within one hundred (100) feet with contour intervals of not more than five (5) feet, referred to U.S.G.S. or County datum.
7. 
Proposed development.
a. 
The general location, width, proposed radii, proposed grade and name of proposed streets (public and private and as designated), alleys, sidewalks and public walkways and other easements with centerlines, culverts and bridges, public drives and curb cuts, median breaks and turn lanes; provided that street names shall not duplicate or closely resemble the name of any existing street unless they are extensions of existing streets;
b. 
The general location and type of all proposed and existing adjacent public utility lines, including stormwater and sanitary sewer lines, water lines and stormwater management facilities;
c. 
Layout, number and approximate dimensions of lots, approximate lot areas and setback requirements with dimensions and blocks, with minimum typicals acceptable;
d. 
Location and size of proposed common ground for public use proposed to be dedicated or reserved and any conditions of this dedication or reservation, parks, playgrounds, greenways, natural preserves, churches or school sites or other special uses of land to be considered for public use or to be reserved by deed or covenant for the use of all property owners in the subdivision;
e. 
Building setback lines;
f. 
Typical lot layout with building setback lines and easement lines;
g. 
Indication of any lots on which uses other than residential are proposed by the subdivider;
h. 
Proposed location and type of stormwater management improvements;
i. 
Identification, location and nature of all proposed zoning districts and land uses to be included within the boundaries of the subdivision; and
j. 
Proposed topography may be submitted on a separate plan sheet with contour intervals of not more than five (5) feet, referred to U.S.G.S. or County datum.
8. 
Any studies or data required, as identified in the preapplication conference.
D. 
Phasing. If known, a phasing schedule for the entire project shall accompany the preliminary plat, if the project is to be final platted in more than one (1) phase, provided the applicant may subsequently vary the timing of development or schedule of phases. The phasing schedule shall include, but is not limited to, areas for phasing, estimated time frames for completed phases and utility design.
E. 
Supplementary Requirements. When a subdivision is a portion of a larger area planned as a phased and related development, a sketch plan of the entire development shall be submitted with the preliminary plat of the portion first to be subdivided. The sketch plan shall include, but not be limited to, drainage, land use, utility and street layout and shall contain the following information:
1. 
Engineering scale, one (1) inch represents two hundred (200) feet or one (1) inch represents four hundred (400) feet;
2. 
Name, location, north arrow and acreage;
3. 
The proposed development by phase of construction, identifying for each phase and for the total development: the proposed use; the density by number of dwelling units per gross residential acre; the approximate gross floor area of commercial and industrial use; and the floor area ratio (FAR) of commercial and industrial use;
4. 
The location of streets, the general location of access points to abutting streets, all points of ingress to and egress from the subdivision and projected traffic generation; and
5. 
The proposed location of major public uses, such as schools, common ground and recreation space.

Section 400.5180 Consideration of Preliminary Plats.

[Zoning Order §16.160, 4-2-2008]
A. 
Review Of Plats. The Director shall coordinate the review and analysis of the preliminary plat application by the County staff. The results of this analysis shall be compiled into a staff report prepared for presentation to the Planning Commission.
B. 
Action By Planning Commission.
1. 
No application shall be submitted to the Planning Commission until it is deemed complete pursuant to Section 400.5170.
2. 
Within forty-five (45) days after presentation to, and consideration of, a preliminary plat by the Planning Commission, the Planning Commission shall approve, conditionally approve or disapprove the preliminary plat; otherwise the plat is deemed approved by the Planning Commission, except that the Planning Commission, with the consent of the applicant, may extend the forty-five (45) day period.
3. 
The subdivider or representative should be present at the Planning Commission meeting at which the preliminary plat is considered.
4. 
The subdivider or representative shall have the right to request in writing continuances of the consideration of the plat before the Planning Commission, provided that the initial request shall be filed with the Director no less than twenty-four (24) hours prior to the date of the scheduled meeting and in the case of any subsequent continuances, requests shall be filed no less than three (3) business days prior to the date of the scheduled meeting. The Planning Division shall make every reasonable attempt to notify all persons previously notified by mail of the continuance, pursuant to Section 400.1060. The applicant shall pay the cost of notifying of the continuance and renotifying of the Planning Commission meeting.
5. 
If the plat is disapproved, within thirty (30) days the Planning Commission shall adopt a resolution stating the reasons for the action.
6. 
As part of the consideration of a preliminary plat with more than one (1) phase, the Planning Commission may recommend the imposition of conditions upon the filing of the phases that it deems necessary to ensure the orderly development of the plat.
7. 
As part of the consideration of a preliminary plat, the Planning Commission may grant deviations pursuant to Section 400.1230(E). It is the intent of this Subsection that the Planning Commission evaluate the proposed preliminary plat to determine if, as a whole, it is consistent with the approval criteria set forth in Section 400.1230(D) and the purposes of this Article.
C. 
Appeal To The County Council.
1. 
If the Planning Commission conditionally approves or adopts a resolution disapproving the preliminary plat, the applicant may request that the preliminary plat be submitted to the County Council. If the preliminary plat was conditionally approved, this request shall be made in writing to the Director within five (5) business days of the Planning Commission action. If the preliminary plat was denied, this request shall be made in writing to the Director within five (5) business days of adoption of the resolution stating the reasons for denial. Upon receipt of the request, the Director shall forward the proposed plat to the County Council, together with the resolution of the Planning Commission, when available, stating the reason or reasons for the action taken.
2. 
Except as provided below, the County Council may then approve the plat as originally submitted by the applicant, affirm the Planning Commission's conditional approval and/or add new conditions to the approval or affirm the Planning Commission's disapproval of the preliminary plat. Approval of the plat as originally submitted by the applicant, thereby overriding the decision of the Planning Commission, requires a majority vote of the County Council and the reasons for the approval or failure to approve the preliminary plat shall be spread upon the records of the County Council and certified to the Planning Commission. The County Council may also remand the plat back to the Planning Commission for reconsideration.
D. 
Request For Review By The County Council.
1. 
Within five (5) business days of Planning Commissions approval, disapproval or conditional approval of the preliminary plat, any of the County Council members may submit a written request to the Director to review the preliminary plat. The request to review shall then be placed on the County Council agenda.
2. 
If a majority of the County Council agrees, the preliminary plat shall be reviewed. The County Council may then approve, disapprove or conditionally approve the preliminary plat with additional or different conditions, thereby overriding the decision of the Planning Commission. Approvals or conditional approvals pursuant to this Subsection require a majority vote of the County Council and the reasons for the approval or failure to approve the preliminary plat shall be spread upon the records of the County Council and certified to the Planning Commission. The County Council may also agree to return the plat to the Planning Commission for reconsideration.
3. 
If a majority of the County Council does not agree to review the plat, the decision of the Planning Commission shall stand.
E. 
Criteria For Approval.
1. 
The Planning Commission, or County Council on appeal or upon a request for review, shall not approve the preliminary plat unless it finds that the subdivider has satisfied the following criteria:
a. 
All submission requirements have been satisfied;
b. 
The proposed preliminary plat conforms to the requirements of this Article, the applicable zoning district regulations, any deviations requested and approved pursuant to Section 400.5050 and any other applicable provisions of the County Code;
c. 
The subdivision represents an overall development pattern that is consistent with the zoning for the property.
2. 
In considering any preliminary plat application, the Planning Commission and the County Council may also give consideration to criteria applicable to preliminary development plans set forth in Section 400.1230(D).

Section 400.5190 Subdivision Approval - Development Plan As Substitute For Preliminary Plat.

[Zoning Order §16.170, 4-2-2008]
Where a development plan is required, an approved development plan may substitute for a preliminary plat where the development plan contains all information required for preliminary plats as set forth in Section 400.5170.

Section 400.5200 Effect of Preliminary Plat Approval.

[Zoning Order §16.180, 4-2-2008]
A. 
Two Year Effective Period. The approval of the preliminary plat shall be effective for a period of two (2) years. If improvement plans for the plat or any phase of the plat or a final plat have not been submitted for approval within two (2) years from the date of approval of the preliminary plat, the preliminary plat approval shall terminate and be null and void, provided in the event of delays caused by regulatory requirements of other Federal, State or local agencies with jurisdiction over the project, the effective date of the preliminary plat may be extended by one (1) year. In the case of termination, a preliminary plat must again be submitted to the Director and approved in compliance with Sections 400.5170 and 400.5180.
B. 
Authorization To Prepare Final Plat. The approval of the preliminary plat does not constitute an acceptance of the subdivision, but rather is deemed to be an authorization to proceed with the preparation of the final plat. The preliminary plat and improvement plans must be approved or conditionally approved before the final plat can be considered. The final plat cannot be recorded unless improvements have been completed or completion of improvements is guaranteed.

Section 400.5210 Relationship With Other Municipalities in Regard To Platting.

[Zoning Order §16.190, 4-2-2008]
A. 
If the Council or Board of Trustees of any municipality files with the Planning Commission an objection to the approval of any plat of any land lying within one and one-half (1½) miles of the limits of the incorporated area of that municipality pursuant to Section 64.830, RSMo., as amended, the approval shall be deemed overruled and the plat may then be approved only by a majority vote of the County Council and the reasons for the approval or failure to approve the plat shall be spread upon the records of the County Council and certified to the Planning Commission.
B. 
From time to time the Planning Commission may be requested in writing by a municipality to consider the plats of subdivisions of land within the corporate limits of the municipality before being submitted to the municipality for approval and before being recorded. Upon the occurrence of such a request, the Planning Commission shall consider the plats and shall report its findings and recommendations regarding the plats in writing to the proper officials of the municipality.

Section 400.5220 Improvement Plans and Installation of Improvements.

[Zoning Order §16.200, 4-2-2008; Ord. No. 25-0117, 2-4-2025]
A. 
After the preliminary plat is approved or as a portion of the submittal of a site development plan, improvement plans for the subdivision of all or any part of the tract shall be submitted to the Planning Division. Upon receipt of the submittal, the Planning Division shall ensure that the plans meet the submittal requirements contained herein. Upon verification that the submittal requirements have been met, the plans will be reviewed by the Planning Division and by the Public Works Department or, when necessary, other regulatory agencies or other design professional approved by the Planning Commission.
B. 
The improvement plans may be approved or changes may be required for approval. The review fee shall accompany the improvement plans. If within fifteen (15) business days of acceptance for review the Planning Division does not communicate the results of the initial review of the improvement plans to the subdivider or his/her design professional, the plans shall be deemed approved. The improvement plans shall be revised to comply with the reviewer's requirements for approval. The County will review subsequent submittals of revised improvement plans within ten (10) business days of acceptance, subject to the fee schedule in Section 400.5220(G).
Improvement plans submitted that are lacking essential required elements, as determined by the County, shall be returned to the subdivider or his/her design professional. In the case of returned plans, the review period becomes null and void for that submittal.
Upon approval, the subdivider shall execute a contract with the County in a form approved by the County Counselor establishing the subdividers obligation to construct the project in accordance with the approved plans or any authorized amendments thereto. Resubmittal shall be accompanied with a letter stating all required revisions. Any revisions desired by the developer or design professional other than the required revisions shall also be noted in the letter for review; otherwise, these revisions will not be considered approved. Following execution of the contract, the subdivider and his/her design professional shall receive a construction permit or land disturbance permit from Jefferson County. Additionally, the design professional shall be provided with a copy of the plans stamped "Approved". The approved set of plans must be on site at all times that improvements are being installed or constructed.
C. 
Improvement plans, if applicable, shall be prepared on an exhibit not to exceed thirty (30) inches by forty-two (42) inches (unless necessary for legibility). Four (4) copies of the plans shall be submitted and shall contain as a minimum the following information:
1. 
Title page, which shall include a key map showing the relationship of the area to be subdivided/developed to the entire tract. For a project to be developed in phases, the key map shall reflect present phases, past phases and future phases plus adjacent streets;
2. 
North arrow and graphic scale;
3. 
Title block showing the name and address of the subdivider and the design firm, as well as the engineer's and other design professionals seals and signatures;
4. 
One (1) or more bench marks based upon NAVD 1988 and the Missouri State Plane Coordinate System elevation in or near the subdivision/development to which the subdivision/development is referenced;
5. 
List of standards and specifications followed citing volume, Section, page or other references;
6. 
Details of streets existing and proposed water lines, sanitary sewers, drainage channels, swales and storm sewers;
7. 
Plans and profiles of streets, water lines, storm sewers, sanitary sewers at a scale not less than one (1) inch equals one hundred (100) feet horizontal and one (1) inch equals ten (10) feet vertical;
8. 
Plans and profiles of stormwater courses or sewers and management facilities accompanied by stormwater calculations per the adopted Jefferson County Erosion and Sediment Control/Stormwater Management Design Manual;
9. 
Proposed finished grading (and existing contours) plan at contour intervals not to exceed two (2) feet for sites with lots less than forty thousand (40,000) square feet in area not to exceed five (5) feet for lots forty thousand (40,000) square feet and over in size;
10. 
A geotechnical study prepared by an engineer licensed in the State of Missouri shall be submitted for the development with reference to each of the proposed lots within the development with more than five (5) feet of cut or five (5) feet of fill, as identified on the plans, and shall be prepared in accordance with Article VII of these regulations.
11. 
A compaction report shall be submitted for all road subgrades; a compaction report shall be submitted upon completion of grading for all areas with more than five (5) feet of cut or five (5) feet of fill;
12. 
Details of fall protection requirements for steep cut or fill slopes in accordance with Section 400.5460, including a fence permit from the Jefferson County Code Enforcement Division, if required;
13. 
A proposed entrance for construction traffic and an area and method for cleaning construction equipment shall be identified on the plans; and
14. 
The location of the 100-year floodplain area, the regulatory floodway and the base flood elevation.
D. 
The subdivider shall provide to the Planning Division copies of the documents approving or permitting any part or all of the improvement plans and required to be issued by any governmental agency, municipal corporation, public utility that has authority over these improvements or will take ownership thereof upon completion. Work conducted by the developer/subdivider must conform to the conditions and requirements of these other agencies, corporations or utilities prior to the recording of the record plat or to the extent that these conditions or requirements necessitate changes to the plat that those changes are completed prior to such recording.
E. 
Actual construction of these facilities and improvements may commence prior to final plat approval if the detailed improvement plans have been approved and a land disturbance permit has been issued, provided that such facilities and improvements shall be inspected throughout their construction and a wash down station is established and utilized. Final plat approval shall be contingent in part upon acceptable compliance to County standards.
F. 
Upon the completion of all improvements and approval where required, the subdivider/developer shall provide certification that the improvements to be maintained by the homeowners' association have been installed in compliance with the approved improvement plans or submit as-built plans certified by a design professional.
G. 
The subdivider shall provide to the Planning Division fees for review of any part or all of the improvements according to the Jefferson County Schedule of Fees for Planning and Zoning Activities as set out in Chapter 401 of this Code.. The submittal fee will cover the first two (2) submittals of plans for the same project. Subsequent submittals for the same project will incur additional fees.

Section 400.5230 Final Plats - Applications - Contents and Submission Requirements.

[Zoning Order §16.210, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(16.210), 11-12-2008]
A. 
Requirement. After approval of the preliminary plat and improvement plans, the subdivider shall prepare and submit to the Planning Division a final plat for recording purposes and other required supplementary information and certificates.
B. 
Paper And Scale. The final plat prepared for recording shall be drawn at a scale of not less than one (1) inch per one hundred (100) feet. The size of sheets on which the final plats are submitted shall be a minimum of eighteen (18) inches by twenty-four (24) inches and shall not exceed twenty-four (24) inches by thirty-six (36) inches. Each sheet shall have a one and one-quarter (1¼) inch binding edge along the short dimension and a one-quarter (¼) inch border along all other sides. Where the proposed plat is of unusual size, the final plat shall be submitted on two (2) or more sheets of the same dimensions. If more than two (2) sheets are required, an index map showing the entire development shall be shown on each sheet.
C. 
Electronic Form. Unless otherwise approved by the Director, the subdivider shall also submit copies of the plat in electronic form in a multi-media format used by the County to the Planning Division accompanying the paper submission.
D. 
Contents. The final plat shall contain the following information:
1. 
Name of the subdivision that does not duplicate or closely approximate the name of any existing subdivision;
2. 
Location by section, township, range, County and State and including descriptive boundaries of the subdivision as determined by Missouri Minimum Standards;
3. 
Legal description as required by Missouri Minimum Standards for a record plat;
4. 
Location of the subdivision boundaries shown in reference to existing permanent monuments or the nearest established street lines, including true angles and distances to these reference points or monuments; provided further, that all section and land corners referenced on the plat and legal description shall be identified as to what was physically found or set, e.g., aluminum monument, one-half (½) inch iron bar;
5. 
These same corners shall also be referenced and reference ties submitted with the plat on the certified Land Corner Restoration/Re-establishment sheet provided by the Missouri Department of Natural Resources, Division of Geology and Land Survey (MLS); provided that, if the section corner referenced on the plat has been previously referenced and reference ties have not changed since submission to the MLS, the MLS document number for those corners shall be indicated on the plat;
6. 
Total acreage of the proposed subdivision;
7. 
Location of lots, streets, alleys, sidewalks, parks and other features with accurate dimensions in feet and decimals of feet, with the length and radii and/or arcs of all curves indicated with all other information necessary to reproduce the plat on the ground, which dimensions shall be shown from all angle points and points of curvature to the lot lines;
8. 
Area in square feet for each lot or parcel;
9. 
Lots shall be numbered clearly and if blocks are to be numbered or lettered, these should be shown clearly in the center of the block;
10. 
The exact locations, widths and names of all streets and alleys to be dedicated;
11. 
Location, purpose and width of all easements;
12. 
Boundary lines and description of boundary lines of any area to be dedicated or reserved for public use, including open space for public use;
13. 
Certification dedicating all easements, streets, sidewalks, alleys and other public area, properly signed and acknowledged by appropriate persons;
14. 
Signature blocks for the following certificates, with the corresponding name typed, printed or stamped beneath the signature:
a. 
Signatures of the owner or owners and notary public;
b. 
Certification by a registered land surveyor that the plat meets Missouri Minimum Standards;
c. 
Certification by the Director that the plat has been approved;
d. 
Certification that tax on the property has been paid; and
e. 
Certification by the Code Enforcement Division, when necessary.
15. 
Name and address of developer and surveyor making the plat;
16. 
Scale of the plat at not less than one (1) inch represents one hundred (100) feet (the scale to be shown graphically and in feet per inch), date and north point; and
17. 
Information required to be recorded on the final plat or a reference to documents required to be recorded with the final plat including, but not be limited to, covenants that run with the land and conditions of final plat approval.
E. 
The following supplementary documents and information shall be submitted with or prior to the final plat:
1. 
Required improvements or guarantees prior to final approval;
2. 
Any private restrictions affecting the subdivision or any part of the subdivision;
3. 
Vacation of existing easements that are in conflict with proposed right-of-way;
4. 
Approved improvement plans conforming with the requirements of this Article for all streets, grading, sanitary sewerage and storm drainage facilities, water distribution system and other minimum improvements as required by this Article or as required by conditions of approval of the preliminary plat; and
5. 
Documentation assuring perpetual responsibility for the maintenance of common areas, the fence/screening tracts, streets, stormwater system or easements.
F. 
Prior to approval of the final plat, the subdivider shall agree in writing on a form provided by the County Counselor that the subdivider will install the minimum improvements provided herein as required by this UDO. No occupancy permit for a lot will be issued by the County until sidewalks along common areas and along the street of that lot are completed except as provided in Section 400.5530. It is understood that no building permit will be issued by the County until the required improvements are available to each lot for which a building permit is requested or until satisfactory surety in the form of an irrevocable bank letter of credit or deposit to the credit of the County for the cost of any required improvement that will not be constructed immediately, if any, is furnished by the contractor/developer guaranteeing the installation of the improvements.

Section 400.5240 Consideration of Final Plats.

[Zoning Order §16.220, 4-2-2008]
A. 
Review Of Plats. The Director shall coordinate the review and analysis of the final plat application by the County staff. The results of this analysis shall be compiled by the Director and a staff report prepared for the Planning Commission's consideration.
B. 
Action By The Planning Commission. The Planning Commission shall make a decision to approve, disapprove or conditionally approve the final plat within thirty (30) days after the application is submitted to the Planning Division. The Planning Commission may approve the final plat if the final plat substantially conforms to the approved preliminary plat, the plat conforms to all applicable requirements and any deviations granted pursuant to Section 400.5050 and 400.5180(B)(6) and all submission requirements have been satisfied. Approvals of the plat by the Planning Commission shall be endorsed in writing on the plat.

Section 400.5250 Proof Improvements Will Be Completed.

[Zoning Order §16.230, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(16.230), 11-12-2008]
A. 
Except as otherwise provided herein, before recording of the final plat, the developer shall provide proof to the Planning Division that the improvements have been completed, or are guaranteed for completion, in accordance with the approved improvement plans. It is understood after the improvement plans have been approved and all inspection fees and review fees paid, but before approval of the final plat for recording, the developer shall either:
1. 
Complete the improvements in accordance with the approved improvement plans under the observation and inspection of the appropriate public agencies; or
2. 
Sign a guarantee agreement in a form provided by the Planning Division, whereby the developer agrees to finish the construction and installation of the required improvements in accordance with the approved improvement plans and secure any certifications required for the improvements. The guarantee agreement must be approved by the County Executive, who is hereby authorized to execute such agreements on behalf of the County. The guarantee agreement shall be secured by a cash deposit, a letter of credit (LOC) or other commitment from a financial institution, having a local branch within the State of Missouri, that has been approved by the County Counselor and be in a form acceptable to the County Counselor, guaranteeing the availability, from time to time upon demand of an amount that is derived by applying the approved Jefferson County Schedule of Construction Unit Prices to the unfinished work items. The value of any unfinished items shall be prepared by a design professional and submitted to the Planning Division for review. The value of any item not included in the Schedule of Construction Unit Prices shall be determined by agreement between the design professional and the Jefferson County Planning Division. When improvements are being performed within the boundaries of a public district organized for the purpose of providing or maintaining such improvements, the amount of any guarantee may be reduced proportionally by the amount of any guarantee held by the public district if the district confirms that its requirements for assurance of completion are satisfied.
[Ord. No. 16-0100 §2, 1-4-2016]
B. 
The cash deposit shall be held in escrow or the letter of credit shall be held by the County and remain in effect until such time as the County Executive authorizes the Director, in writing, to release or reduce the cash or the letter of credit, provided for each component of work that is completed, the County Executive shall authorize partial releases of ninety-five percent (95%) of the amount escrowed for such work, with the entire escrowed amount to be released upon completion of all components of the work. Such releases or reductions shall be promptly processed and so long as the work is property completed shall be authorized within thirty (30) days after the request therefor, provided that:
1. 
The County Executive may consider releasing all or any portion of the amount held to secure the performance of the work. Partial releases will only be considered after construction, completion and installation of the work in accordance with the approved plans that is consistent with the agreed upon schedule, receipt of the required written notification from the appropriate inspecting public authorities and approval by the County. Requests for releases shall be in writing and shall not be made until the improvements are inspected and approved in accordance with standards established by this UDO (i.e., concrete work has cured, street lights have been activated, etc.). The County is under no obligation to process partial releases more than once a month; and
2. 
The County Executive shall not release more than ninety-five percent (95%) of the total original sum held in escrow for any specific work item until all of the improvements have been substantially completed in a satisfactory manner, approved by the Planning Division and accepted or approved by the appropriate authority for a work item (i.e., a sewer district or water district). The County shall not establish or retain escrows for improvements when another government agency or political subdivision is requiring escrow for improvements under its jurisdiction.
3. 
The developer shall warrant all work against defects or deficiencies of material or workmanship until the sooner of:
a. 
The improvements are accepted for maintenance by a public agency, or
b. 
For one (1) year after completion of all the work covered by the guarantee agreement.
Without regard to the status of releases, the warranty period shall begin when the developer makes a written request that certain items be declared completed and the developer receives written notice that the County has made such a determination. The letter of credit shall extend for the period of time required for the one (1) year warranty of the improvements. The unreleased portion of the escrow shall not be released until the expiration of the guarantee agreement including the warranty period, regardless of the value of the items for which the developer is obligated during the warranty period.
4. 
The developer shall guarantee that all required utilities and improvements will be installed, constructed and completed within two (2) years from the date of the issuance of permission to begin construction. "Completion" is defined as when all items have had all documentation and certifications filed in a complete and acceptable form and all items have been inspected and all identified deficiencies have been corrected and the work has been approved by the County.
5. 
If sixty (60) days prior to the end of the original improvement completion period, all the improvements shown on the approved improvement plans have not been completed, the developer may request an extension of the completion date. If after review by the Planning Division such longer period is deemed necessary, the County Executive may extend the improvement completion period for successive periods of up to one (1) year each.
[Ord. No. 16-0100 §2, 1-4-2016; Ord. No. 21-0279, 5-12-2021]
6. 
The obligation of the developer to construct, complete and install the improvements indicated on the approved improvement plans and provide for maintenance of the improvements during the guarantee period, or any extensions thereof, shall not cease until the developer shall be finally released by the County. Upon request, the County shall conduct all inspections and issue written comments within ten (10) business days after request therefore.
C. 
In the event it becomes evident that the developer has abandoned the project or will fail to complete the improvements within two (2) years from the date of the County's approval of the improvement plans or any extensions thereof or fail to make repairs during the warranty period or any extensions thereof, whichever shall first occur, the County may pursue the following options:
1. 
At least thirty (30) days prior to the expiration of the guarantee agreement, the Director shall notify the developer and the issuer of the letter of credit, if applicable, to show cause within not less than ten (10) days why the developer should not be declared in default. The Director may extend the show cause period, if the Director is satisfied that the developer is making a good faith effort to cure the stated defect or the parties are working in good faith to resolve the stated defects. If the developer or the issuer of the letter of credit fails to cure any default, the County Executive may declare the developer in default and claim the entire balance (or a partial forfeiture if justified under the circumstances) not previously released under the guarantee agreement as forfeited and payable to the County. When the County Executive declares a default, the following may occur:
[Ord. No. 16-0100 §2, 1-4-2016]
a. 
If the developer deposited cash to be held in escrow, the cash on deposit may be used to complete the unfinished components of the project or repair any defective components itself or have the work performed by outside resources.
b. 
If the guarantee agreement is secured by a letter of credit, the County may present to the issuer of the letter of credit a statement certifying the cost of repair or completion of the specific components of the project. Upon receipt of this certification, the issuer of the letter of credit shall immediately disburse said funds directly to the County. The County may complete the unfinished components of the project or repair any defective components itself or have the work performed by outside resource.
2. 
The developer shall not be released from any liability under this Section solely based upon the County's use of the cash escrow or based upon the release of the issuer of the letter of credit from liability.
D. 
For the purposes of this Section, a "related entity" is any person, firm, corporation, association, partnership or other entity that participates in the management of the project regulated by this Article or has voting control of the organization that owns or manages the project.
E. 
When the Director believes that forfeiture of the cash deposit or collection under a letter of credit is necessary and such a determination is made by the County Executive, the County Executive may order the Director to:
1. 
Suspend the right of the developer or any related entity to build or construct on the undeveloped portion of the project. For the purpose of this Subsection, the "undeveloped portion" means all lots, other than lots which have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy or with the approval of the Director any builder or individual not associated with the developer. The Director shall give the developer ten (10) days' written notice of an order under this Subsection, with copies to all escrow holders of issuers of letters of credit who have outstanding obligations for any undeveloped portion of the subdivision. If, within the ten (10) day period after notice is given, insufficient evidence is provided to convince the Director that completion of the improvements is adequately assured, the Director may order construction suspended on the undeveloped portion of the project. When an order to suspend construction is issued, the written order shall be served upon the developer or other responsible party with a copy to the escrow holder or issuer of the letter of credit. The Director shall conspicuously and prominently post public notice of said order on the property that is the subject of the order which shall identify the property and inform the reader that the property has been declared in default by the County and no development, construction, building or demolition shall take place until such time as the County removes the prohibition. The Director shall not thereafter authorize construction to take place. The suspension shall be rescinded in whole or in part only when the County Executive lifts the suspension.
F. 
If any party to a guarantee agreement, including the provider of a letter of credit, fails to fulfill its obligation under the guarantee agreement in accordance with the provisions of this Article, the County Executive may take appropriate legal action in addition to any other remedies herein authorized.
G. 
No surety, escrow holder or issuer of a letter of credit shall be eligible to provide security for a guarantee agreement unless authorized to do business within the State of Missouri and upon forms approved in advance by the County Counselor.
H. 
Transition.
1. 
Guarantee agreements approved and provided under prior versions of the subdivision regulations shall continue to be enforceable in accordance with their terms and the provisions of the regulations in effect at the time of their approval.
2. 
Guarantee agreements approved and provided under prior versions of the subdivision regulations under which the original term for completion of improvement has not lapsed may be submitted to the County for extension or replacement in accordance with the terms of the regulations in effect at the time of their original approval, provided that such extended or replacement escrow may be adjusted to reflect the current value of the unfinished work and may only be held by an institution approved by the County Counselor or authorized in accordance with these regulations.

Section 400.5260 Conditions Stated On Plat and Endorsement of Plat.

[Zoning Order §16.240, 4-2-2008]
A. 
If the plat is conditionally approved, the Planning Commission or the County Council shall clearly state the conditions of approval to be satisfied.
B. 
The Director shall not endorse the final plat until all conditions for approval imposed by the Planning Commission or the County Council on the final plat are satisfied.

Section 400.5270 Assigning Addresses.

[Zoning Order §16.250, 4-2-2008]
For all developments, addresses shall be assigned by Jefferson County "911" after the approval of a final plat by the Planning Commission and before the Director certifies the approval. The Director shall not endorse the record plat unless the addresses are shown on the record plat and proof of approval for such addresses from Jefferson County "911" has been provided.

Section 400.5280 Recordation of Plats.

[Zoning Order §16.260, 4-2-2008]
No plat shall be recorded at the office of the Recorder of Deeds unless it has been approved pursuant to this Article. The approved plat shall be recorded at the office of the Recorder of Deeds office at the subdivider's expense.

Section 400.5290 Effect of Failure To Timely Record A Final Plat.

[Zoning Order §16.270, 4-2-2008]
If a final plat is not recorded within two (2) years of the date of the approval of the final plat, the approval shall become null and void and a new final plat must be submitted to the Planning Commission for their consideration, except that a one (1) year extension may be granted at the discretion of the County Council, when requested by the developer prior to expiration.

Section 400.5300 Site Development Plan - Application - Contents and Submission Requirements.

[Zoning Order §16.280, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(16.280), 7-30-2008; Ord. No. 12-0628 §2, 9-13-2012; Ord. No. 17-0158, 2-14-2017]
A. 
A site development plan shall be submitted if the developer proposes changing land use from vacant, agricultural or residential to multi-family, manufactured housing park or non-residential as permitted by the UDO, while not creating additional lots. A site development plan shall also be submitted for non-residential uses (except agricultural) if an addition to existing structures or additional structures are proposed. The proposed site development plan shall:
1. 
Provide required yards appropriate to the zone district;
2. 
Provide proof of service by central sewers or approval by the Code Enforcement Division and/or Missouri Department of Natural Resources for use of individual on-site sewage disposal systems; and
3. 
Provide requested deviations in accordance with Section 400.5050.
B. 
When a developer proposes to expand an existing non-residential building by one hundred percent (100%) or six thousand (6,000) square feet, whichever is more restrictive; or the combination of the existing development and the proposed expansion does not exceed twenty-five percent (25%) impervious coverage for the property, the following standards are required for the site development plan:
1. 
Minimum Plan Requirements.
a. 
Title page with a key map;
b. 
North arrow and graphic scale;
c. 
Title block with applicant and engineer's contact information and seals and signatures;
d. 
One (1) or more benchmarks;
e. 
List of standards and specifications, if different than the UDO;
f. 
Plans and profiles of streets, water lines, storm sewers, sanitary sewers;
g. 
Plans and profiles of storm water courses or sewers and management facilities accompanied by storm water calculations if required by Section 400.5560;
h. 
Proposed grading and existing contours within two hundred (200) feet of the site. USGS contours are permitted for any off-site contours;
i. 
An aerial photograph that shows the site and the surrounding area within two hundred (200) feet around the property boundaries;
j. 
Property lines with distances and bearings (outboundary survey).
2. 
Design Standards.
a. 
Trash enclosure per Section 400.2440 (if a dumpster is located or proposed on-site);
b. 
Street light at the entrance.
3. 
Access must be provided per Article VII, Division 8, which includes:
a. 
Entrance pavement width.
b. 
Entrance pavement thickness.
c. 
Entrance throat length.
d. 
Driveway corner clearance.
e. 
Improve access to meet the street standards of the UDO from site to a State or County maintained street.
4. 
Parking Lot Improvements.
a. 
If the existing parking lot is gravel, the additional parking area generated by the expansion may remain gravel.
b. 
No space accessed within twenty (20) feet of the driveway from the ROW. Site will not be penalized for loss of parking space to meet the twenty (20) foot separation requirement.
c. 
Size of parking stall.
d. 
Parking area slope.
e. 
Pavement detail.
f. 
The perimeter of the parking lot shall be delineated by curbs, bricks, stones, railroad ties, or some other similar device except where they would impede adequate storm water drainage.
g. 
Accessible parking spaces (design and count).
5. 
Landscaping.
a. 
Street frontage planting requirements per Section 400.4650(A).
b. 
Screening around the development is required based on Table 14-1 (not the property lines).

Section 400.5305 Non-Residential Expansions Exempt From Site Development - When.

[Ord. No. 16-0100 §2, 1-4-2016]
A. 
A site development plan shall not be required to be submitted for expansions or additions to existing non-residential uses if the total square footage of the gross floor area (GFA) the expansion or addition to an existing structure or structures, and/or an additional structure or structures does not exceed:
1. 
Two thousand five hundred (2,500) square feet or twenty percent (20%) of the total square footage of the gross floor area of existing non-residential structures on the lot, whichever is most permissive; and
2. 
New structural additions and/or structures, including improvements, and are not disturbing more than twelve thousand (12,000) square feet of land; and
3. 
No new driveways/roadways are built, or being built for vehicular access to the lot.
B. 
The exemption set forth in this Section shall not apply to the following types of uses/developments:
1. 
New structural additions and/or structures for non-residential use (except agricultural) on a vacant lot.
2. 
New structural additions and/or structures for non-residential use (except agricultural) in the RA5, LR2, R40, R10, R7, PR1 and PR2 zone districts.
3. 
Manufactured home parks.
4. 
Multi-family dwellings.

Section 400.5310 Site Development Plan - When Allowed, Contents and Submission Requirements.

[Zoning Order §16.290, 4-2-2008; Ord. No. 12-0628 §2, 9-13-2012]
A. 
The procedure for approval of a site development plan shall be as follows:
1. 
Site development plan.
a. 
Unless otherwise approved by the County, the applicant shall employ an appropriate design professional to prepare the site development plan. The plan shall be signed and sealed by the design professional.
b. 
The applicant shall submit four (4) copies of the site development plan developed in accordance with Section 400.5220 of this Article with the required fee and processing costs to the County for review.
c. 
If individual sewage disposal systems are proposed, approval by the Code Enforcement Division and/or the Missouri Department of Natural Resources for the use of such systems shall be submitted for each proposed vacant lot. If public wastewater treatment is being proposed, the design professional shall certify such on the plans.
d. 
Locations, width and name of each existing or platted driveway, access easement; street, alley or other public way; and dedicated rights-of-way within two hundred (200) feet of the site; location, width and name of utilities, railroad and utility rights-of-way, bridges, parks and other public open spaces and permanent buildings within one hundred fifty (150) feet of the site.
e. 
The plan shall indicate the proposed points of ingress and egress and landscaping.
2. 
Outboundary survey. The applicant shall submit four (4) copies of the surveyed outboundary prepared by a registered land surveyor with the required fee and processing costs to the County for review.

Section 400.5320 Consideration of Site Development Plans.

[Zoning Order §16.300, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(16.300), 7-30-2008]
The submitted survey and plans shall be reviewed by the Planning Division and the Public Works Department and submitted to other governmental and utility parties. These plans and survey may be approved or changes may be required if non-compliant with the UDO. If, within fifteen (15) business days of submission of all data required, the Planning Division does not communicate the result of the review of the plans or survey to the applicant, they shall be deemed approved. The plans or survey shall be revised to comply with the reviewer's requirements for approval in order to comply with the UDO. No conducting of use shall commence prior to approval of the required plans and survey. The County will review subsequent submittals of revised plans within ten (10) business days of acceptance, subject to the fee schedule in Section 400.5220(G).

Section 400.5330 Replat of Subdivision.

[Zoning Order §16.310, 4-2-2008]
Any replatting of an existing subdivision shall follow the platting requirements of Division 2 of this Article.

Section 400.5340 Vacation of Subdivision.

[Zoning Order §16.320, 4-2-2008]
Whenever any person or corporation may desire to vacate any subdivision or part of a subdivision and is the legal owner of all lots, such person or corporation may petition the County Council giving a distinct description of the property to be vacated and the names of the persons to be affected thereby; said petition shall be filed together with the appropriate filing fee with the Planning Division who shall give notice of the hearing of the petition in a public newspaper. The County Council may vacate the same by ordinance with such restrictions they may deem necessary for the public good. No vacation shall take place unless a recommendation of the Planning Division has been provided, which shall be filed with said petition. The vacation of a subdivision is not required prior to approval or consideration of a new plat, provided however, rights-of-way must be vacated in accordance with State Statutes.

Section 400.5350 Display House Plat.

[Zoning Order §16.330, 4-2-2008]
A. 
After receiving approval of the grading permit for a proposed subdivision from the Planning Division, the owner of the property may submit a display house plat to the Planning Division for review and approval. There may be one (1) display house for every ten (10) lots proposed, not to exceed ten (10) total display houses for the preliminary plat. A subdivision with less than ten (10) lots may have one (1) display house.
B. 
The display house plat shall include a complete outboundary survey of the approved preliminary plat and the location of the display house or houses on the proposed lots. The display house plat shall meet the contents and submission requirements of Section 400.5250 of this Article and the following:
1. 
A display house plat and an acknowledgment signed by the owner of the property stipulating the conditions of Section 400.5350 shall be recorded in the office of the Recorder of Deeds prior to the issuance of a building permit by Jefferson County for any display house.
2. 
The display house plat shall become null and void upon the recording of a final plat. Each display house shall conform to the setback requirements on its associated lot prior to recording of the final plat.
3. 
While a display house may be used during regular, daytime business hours for the purpose of marketing houses in the development, it may not be used for overnight habitation or residential purposes. A final occupancy permit shall not be issued by the County for overnight occupancy in a display house until the lot on which the display house is located is created by a recorded final plat.
4. 
A display house shall be on an approved lot of record within one (1) year of the date of recording the display house plat. A longer period may be granted by the Planning Commission.

Section 400.5380 Minimum Design Standards.

[Zoning Order Art. 16, Div. III, 4-2-2008]
The design standards related to the rural, rural cluster, mixed use, mixed use addition, large lot, suburban, infill and industrial development patterns, as set forth in Article VII which are minimum standards, shall be applicable to the subdivision of property as governed by this Article, provided that the design standards may be modified as set forth in Section 400.1230(E).

Section 400.5390 Blocks.

[Zoning Order §16.340, 4-2-2008]
A. 
Block Length. In general, block lengths are determined by intersecting streets and shall be provided at intervals that will serve cross traffic adequately and that meet existing streets or existing design practices in the area. Maximum block length shall be as provided by the design standards for the development pattern associated with the zoning district for the proposed development or the development pattern the County, pursuant to Section 400.2160(5), determines is the most appropriate development pattern:
1. 
See Article VII, and
2. 
Block lengths should be designed to avoid excessive length and shall relate to topography, natural features and prominent manmade features.
B. 
Block Width. The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth.

Section 400.5400 Lots.

[Zoning Order §16.350, 4-2-2008]
A. 
The minimum lot requirements shall be governed by the Article V, Zoning District regulations.
B. 
Excessive depth in relation to width shall be avoided. The depth to width ratio should not exceed three to one (3:1), except on lots of over forty thousand (40,000) square feet in areas where topographic conditions would suggest that a higher ratio would lead to a more desirable subdivision design. No lot shall be less than one hundred (100) feet in depth, unless in a planned development. (The definition of depth shall include the following language: any part of the lot less than thirty-five (35) feet in width shall not be included when measuring the depth of the lot.)
C. 
Side lot lines should be at right angles to street lines or radial to curved street lines.
D. 
Lots in one- and two-family subdivisions with double frontage shall not have access to both front and rear streets. Double frontage lots should be avoided when possible.
E. 
Each lot in a subdivision shall have a minimum lot width for the appropriate zoning district as established in Table 5-2, Section 400.1660 or the plan in a planned development. Each lot on a cul-de-sac or eyebrow shall have a minimum lot width measured along a line drawn tangent to the front building line equal to the minimum lot width for other lots in the subdivision, except that lot width at the front property line shall be sufficient to accommodate a driveway and roundings within the lot frontage.
F. 
Lots should not derive access from County or State-maintained streets. For lots over forty thousand (40,000) square feet in area, where topographic or other conditions would suggest that an alternate design would lead to a more desirable subdivision design, direct access may be approved by the County.
G. 
Except in planned districts, access to a County or State-maintained street shall not be allowed for one- and two-family developments when a major local access street, local access street or local access alley is available.

Section 400.5410 Streets.

[Zoning Order §16.360, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 17-0158, 2-14-2017; Ord. No. 25-0117, 2-4-2025]
A. 
The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and proposed streets, to topographical conditions, to public convenience and safety and to the proposed uses of land to be served by these streets. The following standards shall apply:
1. 
Arrangements of streets shall conform as nearly as possible to the official Master Plan as adopted by the County and a Jefferson County Roadway Master Plan and providing for the extension of such streets. Street layouts should provide stub right-of-way connections to the edge of the development to adjacent sites, so that street patterns can be extended to future development, where topography allows and future anticipated land uses would benefit. Wherever practical, streets shall connect with streets already dedicated on adjacent subdivisions or be a reasonable projection of streets in the nearest subdivided tracts.
2. 
Cul-de-sacs and eyebrows will be permitted where topography or other conditions justify their use and provisions shall be made for adequate traffic circulation. Except as provided in Article VII, cul-de-sacs shall not be longer than fifteen hundred (1,500) feet, including a turnaround at the closed end. A cul-de-sac on an access street should have a minimum outside curb radius of thirty-nine (39) feet and a minimum right-of-way radius of fifty (50) feet.
3. 
An adequate number of points of ingress to and egress from a development shall be provided to ensure smooth traffic flow into and out of all portions of the development[1], sound traffic engineering and public safety. The determination of an adequate number of points of ingress and egress shall consider all relevant factors including, but not limited to, the following factors:
a. 
Residential Subdivisions. Points of ingress to and egress from the subdivision shall be required in accordance with the following table. Each required point of ingress to and egress from the subdivision shall be located so as to best serve the traffic generated by the subdivision. Streets shall be designed to maintain a balanced distribution of traffic throughout the subdivision and among all points of ingress/egress. No more than sixty-five percent (65%) of the traffic shall flow to one (1) major local access or local access street or to one (1) entrance if two (2) or more entrances are required.
Minimum Subdivision Accesses Required
Number of lots
Minimum number of ingresses/egresses
0 — 49
1
50 — 99
1 with median
100 — 299
2
300 and above
per approved development plan (no less than 3)
b. 
Non-Residential Subdivisions. The adequacy of the number of points of ingress to and egress from non-residential subdivisions shall be determined as a part of and based on the consideration of the development plan for the proposed development, where required, or otherwise imposed as a condition of approval of the preliminary plat. If a development plan is required, the plat for that development shall show the same number of ingress and egress points as are shown on the approved development plan. All approvals of the preliminary plats shall be conditioned upon the final plat being consistent with the development plan with respect to the number of points of ingress to and egress from the subdivision.
c. 
General Factors.
(1) 
Traffic Accumulation. The level of traffic using each point of ingress to and egress from the subdivision should not exceed the level of traffic that the type of street proposed is designed to accommodate. See Jefferson County Roadway Master Plan, when completed.
(2) 
Access For Emergency Vehicles. The points of ingress to and egress from the subdivision should be adequate to ensure that emergency vehicles can gain access to all proposed uses within the subdivision whenever necessary.
(3) 
Intersection of points of ingress to and egress from the subdivision with streets abutting the subdivision. The impact of injecting traffic from the proposed subdivision into the existing street network shall be mitigated by location, design and control measures consistent with the standards of traffic engineering.
(4) 
Access To County Or State-Maintained Street.
(a) 
The proposed subdivision or each phase of the proposed subdivision with fifty (50) or more lots shall have access to a County or State-maintained street within or abutting the proposed subdivision, except as provided in Section 400.5410(3)(a).
(b) 
Where a proposed subdivision or each phase of a proposed subdivision does not abut a County or State-maintained street, where access is proposed through easements or private rights-of-way leading from the County or State-maintained street, such easements or rights-of-way shall be improved to the applicable street standards required in this UDO.
(5) 
When a subdivision is a portion of a larger area planned as a phased and related development, a sketch plan of the entire development shall be submitted with the preliminary plat of the area first to be subdivided. The sketch plan shall include the requirements in Section 400.5170(E)(1) of this UDO.
(6) 
When a final plat of a subdivision covers an area that is less than that covered by the related preliminary plat, the determination of the adequacy of points of ingress and egress shall be made independently for, and considering the cumulative effect of, each proposed phase of the development or subdivision, as the case may be.
[1]
Editor's Note: Table 404.1.2(8) is included as an attachment to this Chapter.
4. 
The County may require additional information as needed to determine accordance with the UDOs purposes and the County's public health, safety and general welfare, including a comprehensive traffic study that determines the effects of the proposed development on the street/highway system and the points in that system where any adverse impacts are no longer significant.
5. 
Where the plat to be submitted includes only part of the tract intended for development by the subdivider, a tentative plan of a proposed future street and roadway system, including all points of ingress to and egress from the subdivision, for the unsubdivided portion should be prepared and submitted by the subdivider, as part of the requirement for preliminary plats.
6. 
When a tract is subdivided into larger than required minimum size building lots or parcels, such lots or parcels should be so arranged as to permit the continuous location and opening of future streets and appropriate resubdivision.
7. 
Streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations.
8. 
Stopping sight distance shall be determined by Chapter 515 of the Code of Ordinances of Jefferson County. Street offset requirements are identified in this UDO as well as Chapter 515 of the Code of Ordinances of Jefferson County.
9. 
Limited Access.
a. 
Commercial Subdivisions. If a commercial subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require frontage roads or other treatment (such as reverse frontage lots with access control and screening provisions along the rear property line, deep lots with rear service alleys, etc.) as may be necessary for adequate protection of residential properties to afford separation of through and local traffic and to provide visually safe, attractive roadways.
(1) 
Frontage Road. A frontage road is a street adjacent to the boundary of the arterial street right-of-way that has:
(a) 
Right-of-way width of fifty (50) feet minimum;
(b) 
Pavement width of twenty-eight (28) feet minimum; and
(c) 
Frontage road intersecting a cross street. Where the right-of-way of a frontage road intersects a cross street, the frontage road right-of-way shall be located a minimum distance of two hundred (200) feet from the curb or shoulder of the arterial street, with due consideration given to future grade separation and with access prohibited between the arterial street and the frontage road.
b. 
Residential Subdivisions.
(1) 
If a residential subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require frontage roads or other treatment (such as reverse frontage lots with access control and screening provisions along the rear property line, deep lots with rear service alleys, etc.) as may be necessary for adequate protection of residential properties to afford separation of through and local traffic and to provide visually safe, attractive roadways.
(2) 
Individual lots shall not directly access the frontage road.
10. 
In portions of a subdivision containing single-family, duplex residential subdivisions or multi-family uses, access to a lot shall not be allowed unless in a planned district from a County or State-maintained street if access from a major local access or local access street is available.
11. 
Alleys, where provided, that are not the primary access to the lot shall not be less than fourteen (14) feet wide (two-way) and ten (10) feet (one-way). Intersecting alleys shall have corner cutoffs of at least twenty (20) feet on a side. Dead-end alleys shall be avoided wherever possible.
12. 
Curb Radii. See Section 400.2580, Street Standards — Curb Radii. Any curb radii onto County or State maintained streets shall be subject to the approval of the County or State.
13. 
Visual Clearance.
a. 
Proper lines of sight shall be maintained at all intersections and driveways. Traffic on secondary streets shall stop or yield at intersections with equal or higher classification streets. A "sight triangle" is the area that shall have an unobstructed view from the stopping point to all points of a required distance three (3) feet above the roadway along the centerline of the existing roadway. The distance of the unobstructed view shall be based on the design speed of the intersecting street. Article VII provides a design speed table and a schematic of the required visual clearance. No building or other type of visual obstruction shall be placed, erected or maintained within the sight triangle. Street trees are allowed within the sight triangle, provided that they do not have any foliage, limbs or other obstructions between three (3) and ten (10) feet above ground level and are not closer than thirty-five (35) feet to the intersecting pavement edges.
b. 
Nothing in this Section shall be construed to allow placement of objects in the street right-of-way.
14. 
Reserved strips of land that control or limit access at the terminus of streets are prohibited. Street layouts may provide right-of-way connections to the edge of the development adjacent to parcels of land that may develop in the future so that the street pattern can be maintained. Where the right-of-way is extended to the edge of the property boundary, a joint maintenance agreement with the adjacent property owner where the right-of-way is extended may be required. The County may require paving within the extended right-of-way to the property boundary.
15. 
All streets and related improvements shall be designed in accordance with the standards set forth in Article VII. In the absence of a pavement construction standard in this UDO, the standards shall be in accordance with the St. Louis County Standard Specifications for Highway Construction and the Design Criteria for the preparation of improvement plans in effect as of the date of the adoption of this UDO, as stated in Section 400.110. Alternative methods of pavement design may be approved only by the Planning Commission, with a recommendation from the Public Works Department.
16. 
The Planning Commission may require streets to be dedicated to public use and constructed to the standards required herein to provide appropriate circulation.
17. 
The above street standards may be altered, based upon a comprehensive traffic design study, adhering to Article VII requirements, that demonstrates that safe, efficient and appropriate traffic circulation shall occur. The traffic study may be submitted by the subdivider and shall include any appropriate documentation that demonstrates the adequacy of the proposed traffic circulation system. Final approval of any alterations shall be made by the Planning Commission and shall only occur after review and comment by the Planning Division and the Public Works Department.
18. 
The following standards shall apply to street names and signs:
a. 
To avoid duplication and confusion, the proposed names of all streets shall be approved by Jefferson County "911" prior to the names being assigned or used.
b. 
Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing.
c. 
Street name signs, as approved by the Planning Commission, shall be erected by and at the expense of the subdivider.
d. 
Regulatory traffic control measures will be designed and implemented by the subdivider as approved by the Planning Commission.
e. 
The Governing Body of the subdivision/development shall maintain traffic control measures.
19. 
The Director may modify the strict application of Section 400.5410 in cases of exceptional narrowness, shallowness, shape or topography or other extraordinary or exceptional situation and there is no adverse impact upon public safety.

Section 400.5420 Sidewalks.

[Zoning Order §16.370, 4-2-2008]
A. 
Sidewalks shall be provided in accordance with Section 400.2640.
B. 
On cul-de-sac streets serving single-family development, where sidewalks are required only on one (1) side of the street the sidewalks need not extend around the bulb of the cul-de-sac. Where sidewalks are not required or where they are required only on one (1) side of the street, the subdivider is encouraged to install sidewalks elsewhere in the subdivision.
C. 
No sidewalks are required on service road facilities.
D. 
When a sidewalk is required on one (1) side of a street, the sidewalk should be placed on the opposite side of the street from the water line.
E. 
Sidewalks shall have a minimum thickness of four (4) inches and shall have the minimum width required by the applicable design standards set forth in Article VII. Sidewalks shall be located within the right-of-way or within an easement dedicated for pedestrian access.

Section 400.5430 Easements.

[Zoning Order §16.380, 4-2-2008]
A. 
All proposed subdivisions/developments shall have easements adequate for the installation and maintenance of utility facilities. Utility easements shall be at least ten (10) feet wide, five (5) feet on each side of the lot line and shall be located along the rear or front lines as needed for proper utility placement. When necessary, side utility easements shall be at intervals of no more than three hundred (300) feet along a block face.
B. 
Stormwater drainage easements may be required if necessary for proper drainage within and through the subdivision/development. In addition, easements may be required to cover those areas subject to inundation by floodwaters, when a subdivision/development is proposed along a lake, river, stream or surface drainage course.
C. 
Where a cut or fill for a street extends beyond the limits of the right-of-way, the subdivider shall provide a slope easement of sufficient area and limits to permit the construction and maintenance of the slope.
D. 
Utility easements shall connect with easements established on adjoining properties as recommended by the utility authority.
E. 
Additional easements for pole guys should be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along the side lot lines.
F. 
The developer shall provide all easements required by the public utilities. All proposed subdivisions/developments shall have easements adequate for the installation and maintenance of utility facilities.
G. 
Placement of utility easements in residential subdivisions shall follow the Jefferson County street lighting standards in Section 400.5450.
H. 
Existing easements that are recorded and/or platted and streets that conflict with the proposed use or plat must be vacated prior to final plat approval.
I. 
Utility companies have established a joint trench agreement in Jefferson County. This agreement is shown in the following schematic.

Section 400.5440 Dedication For Public Sites and Open Spaces.

[Zoning Order §16.390, 4-2-2008]
A. 
All areas to be reserved for or dedicated to public use shall be indicated on the preliminary plat. Information shall be provided for when, if and in what manner these areas will be dedicated to or acquired by the appropriate agency.
B. 
For areas to be dedicated to the County, the recommendations of the official Master Plan shall be considered.
C. 
All streets, alleys, sidewalks, easements and other public sites, when approved, shall not thereafter be substantially changed without the approval of the County Council following recommendation of the Planning Commission and the County Public Works Director, provided vacations may occur as permitted within this Article.

Section 400.5450 Street Lighting.

[Zoning Order §16.400, 4-2-2008]
A. 
The subdivider shall install street lights in all subdivisions, multi-family developments, manufactured housing parks and non-residential subdivisions/developments at each intersection of two (2) major local access/local access streets and in all subdivisions/developments at each intersection of a major local access/local access street with a County or State-maintained street.
B. 
Each lighting source shall have a height of not less than sixteen (16) feet above grade and shall have a minimum standard six thousand eight hundred (6,800) lumen output. Maximum initial illumination level five (5) feet from the base of the light source shall be no greater than three (3.0) foot-candles but no less than thirty-five hundredths (.35) foot-candles.
C. 
All street lighting shall be designed and maintained to avoid unnecessary illumination of residential interiors.
D. 
All electric lighting shall be controlled automatically by programmed devices, photo electric cells or the like. Street lighting shall be on from dusk to dawn.
E. 
Street light standards shall be located no closer than eighteen (18) inches from the street pavement. Where sidewalks are required, street light standards shall be located between the sidewalk and street pavement.

Section 400.5460 (Reserved) [1]

[1]
Editor’s Note: Former Section 400.5460, Fencing and Fall Protection Requirements, which derived from Zoning Order §16.410, 4-2-2008, was repealed 1-4-2016 by Ord. No. 16-0100.

Section 400.5470 Designation of Private Streets and Disclosure.

[Zoning Order §16.420, 4-2-2008]
A. 
For any subdivision having privately maintained streets and approved after the effective date of these regulations, the subdivider shall construct a sign at all entrances to the subdivision, within fifty (50) feet of the entrance, clearly stating that public maintenance ends. This sign shall be in a manner acceptable to the Public Works Department.
B. 
These signs shall be installed where they are easily visible to anyone entering the subdivision and maintained in good order by the subdivider until the property owners' association is formed and then thereafter by the property owners' association. The minimum size for each sign shall be twelve (12) inches high by eighteen (18) inches wide, with three (3) inch high letters. The contrast between the background and the lettering shall be sufficient to make the sign easily read.
C. 
Disclosure. Record plats shall include a note that states that streets are to be maintained by the property owners of the subdivision and not by Jefferson County.

Section 400.5475 Obstructions.

[Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 20-0406, 9-29-2020]
A. 
Creation of an obstruction, including a gate, which controls or limits access or vehicular movement on a street that is dedicated for public use, is allowed, provided:
1. 
The obstruction is shown on the approved preliminary plat;
2. 
The obstruction shall conform to Section D103.5, Appendix D, of the International Fire Code;
3. 
At the location of the obstruction, an area must be provided to allow vehicles to turn around in accordance with Figure D103.1 and Table D103.4, Appendix D, of the International Fire Code;
4. 
Letters of approval, including any additional requirements or conditions, from the following agencies:
a. 
Fire protection district.
b. 
Ambulance district.
c. 
School district.
d. 
Jefferson County Sheriff's Office.
5. 
Provide the specifications for the proposed obstruction.
a. 
A building permit from the Jefferson County Code Enforcement Division shall be required.
b. 
If the gate is proposed on private property, an easement shall be required in the Jefferson County Recorder of Deeds Office prior to the obstruction being installed.
6. 
The gate or obstruction may not impact public traffic circulation or impair access to property off-site to the subdivision or development; or impair access to or from public facilities, including schools, parks and libraries; or otherwise impair the response time of emergency vehicles.

Section 400.5480 Adoption of Administrative Guidelines.

[Zoning Order §16.440, 4-2-2008]
The County is authorized, as deemed necessary, to prepare administrative guidelines (that do not substantively change the purpose and intent of the UDO) to augment, implement and provide further details and examples of methods and manners of complying with the minimum design standards of this Article, to clarify the intent of this Article and to assist County staff, the Planning Commission and the County Council in evaluating whether a proposed subdivision complies with the minimum design standards. No later than fourteen (14) days in advance of the effective date of the administrative guideline, the Director shall provide a copy of the administrative guideline to each member of the County Council. Upon receipt of the administrative guideline, a majority of the County Council may request a review of the administrative guideline and may approve all or a portion of such guidelines by resolution. Any portion reviewed by the County Council and not so approved shall not take effect. If the County Council does not request review, the administrative guidelines shall take effect on the date set by the Director. All administrative guidelines that take effect in this manner and have not been previously adopted by the County Council shall be adopted by the County Council, by resolution, annually. Should the County Council adopt administrative guidelines, those guidelines will be presented to the Planning Commission.

Section 400.5510 Monuments Required, Mandatory State Plane Coordinate Compatibility and Electronic Copies of Plats.

[Zoning Order §16.460, 4-2-2008]
A. 
Permanent survey monuments shall be provided in accordance with the current Minimum Standards for Property Boundary Surveys for Suburban Class Property, as set forth by the Missouri Department of Natural Resources, Division of Geology and Land Survey and rules promulgated by the Missouri Board for Architects, Professional Engineers and Land Surveyors effective December 30, 1994.
B. 
Semi-permanent markers shall be placed at all lot corners not marked by permanent survey monuments and at all points where street lines intersect the exterior boundaries of the subdivision. These corner pins or crosses shall be required to be installed within twelve (12) months of the date the plat is recorded.
C. 
Prior to submittal of a preliminary plat, the applicant shall place temporary markers that identify the property corners along the road frontage and the approximate location of the intersecting streets.
D. 
The outboundary corners of any major subdivision or site development located within one-half (½) mile of either a NGS or MoGRS point shall be tied into the State Plane Coordinate System in accordance with the Missouri Minimum Standards for Property Boundary Surveys. All other subdivisions or developments are encouraged to tie into this system. All major subdivisions are encouraged to install monumentation that will have the effect of expanding the State Plane Coordinate System. All other subdivisions or developments are encouraged to provide these points.
E. 
When available, the subdivider shall submit copies electronic form in a multi-media format used by the County.

Section 400.5520 Streets.

[Zoning Order §16.470, 4-2-2008]
Classification of streets shall be as shown in Article VII. The required street improvements shall be determined by Articles VII and XVI and other pertinent requirements of this UDO. In addition to Section 400.5670, the subdivider shall make provisions in the trust indenture or declaration of covenants to provide for the long-term maintenance of the streets.

Section 400.5530 Sidewalks.

[Zoning Order §16.480, 4-2-2008]
A. 
Sidewalks shall be constructed and installed in conformity with the minimum design standards of this Article and with the design standards set forth in Article VII. The following additional regulations shall apply to the construction of sidewalks:
1. 
Construction.
a. 
The sidewalks shall be constructed and installed by the builder prior to the issuance of an occupancy permit. Should construction or installation of the sidewalks be impossible because of weather or other conditions, the builder shall provide the County satisfactory surety in the form of cash or an irrevocable bank letter of credit for one hundred percent (100%) of the construction cost of said sidewalk prior to the issuance of the occupancy permit in accordance with Section 400.5190 of this Article.
b. 
When sidewalks are required adjacent to common area tracts or any other such land where no structure will be built, the developer shall construct the sidewalk at the time the street is constructed.
2. 
Coordination with curbs and gutters. For property on which curbs and gutters are required prior to occupancy and sidewalks are required by this Article, installation of sidewalks will not be required until curbs and gutters are installed and the provisions of Section 400.5530 above are satisfied.

Section 400.5540 Sanitary Sewers.

[Zoning Order §16.490, 4-2-2008]
A. 
All buildings, structures and uses of land in the unincorporated area of Jefferson County shall hereafter be required to have an adequate, safe and sanitary disposal system for all human, domestic and industrial wastes. For the purposes of these regulations, disposal of sewage or other liquid wastes shall conform to the methods outlined herein:
1. 
Central sanitary sewer system. Where an approved and adequate public or privately owned central sanitary sewer system is reasonably accessible, that substantially meets the requirements of the Missouri Department of Natural Resources, the subdivider/developer shall connect with such sanitary sewer and provide adequate sewer lines to each lot. Sewer extensions shall be constructed as approved by the Department of Natural Resources and the appropriate public sewer district or private sewer company. A developer shall be required to meet the requirements of the utility provider.
2. 
Package treatment facility. Where an approved public or privately owned central sanitary sewer system is not reasonably accessible, the use of a package treatment facility may be permitted, provided such facilities are approved by the Department of Natural Resources and are constructed in accordance with the regulations and requirements of the Department of Natural Resources.
3. 
On-site sewage disposal system. Individual sewage disposal systems may be used in subdivisions where central sanitary sewer systems or other similar means of disposal are not feasible, provided each lot is two (2) acres or more in area in those locations where a soil morphology report, the soil depth and the site slope indicate that the soil characteristics and site conditions are suitable for the type of individual sewage disposal system proposed. Individual sewage disposal systems shall be designed and installed in accordance with the standards, criteria, procedures and approval of the Department of Natural Resources and/or the County. The County shall have jurisdiction over final approval and inspection of all individual sewage disposal systems.

Section 400.5550 Sanitary Sewers To Adjacent Property.

[Zoning Order §16.500, 4-2-2008]
Easements for sanitary sewers shall be extended to the subdivision boundary line to serve adjacent property. These sewers shall be of adequate size to serve the upstream basin, if required by the controlling authority and such authority pays for any upsizing of the facility.

Section 400.5560 Drainage and Storm Sewers.

[Zoning Order §16.510, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A. 
In addition to the installation of drainage courses, curbs and gutters along the streets as required by this Article, an adequate stormwater drainage system shall be required. This system shall include all necessary pipes, culverts, intersectional drains, cross drains, drops, inlets, bridges and other accessory structures and improvements to provide for the proper drainage of all surface water.
B. 
Drainage improvements (including detention) shall be designed using the following methods to determine flow quantities: a TR-55 Analysis shall be used to design detention; and the Rational Method shall be used to design piping systems. The Jefferson County Erosion and Sediment Control/Stormwater Management Design Manual details the rainfall frequency and time of concentration to be used when designing drainage improvements. Stormwater calculations shall be submitted with the improvement plans to the Planning Division for distribution and approval.
[Ord. No. 20-0406, 9-29-2020]
C. 
Unless excepted by these regulations, stormwater shall be controlled on site by detention basins for all subdivisions/developments. The detention basins shall be sized based upon the differential runoff of the planned development versus the predevelopment conditions. The stormwater shall be released at the rate of the existing predeveloped rate, while the overflow structure and downstream pipes shall be sized to carry the total tributary upstream watershed. Maximum discharge shall be designed to take place under total anticipated design-head conditions. The stormwater drainage system shall be separate and independent from the sanitary sewer system. The plans and specifications shall be prepared and submitted as required in Articles IV and X and shall be approved by as a part of the development plan as provided herein.
D. 
Stormwater detention is not required in the following instances, unless failure to provide these improvements would result in substantial loss of property or potential loss of life:
1. 
Residential subdivisions with a density of two and one-half (2.5) dwelling units per gross acre or less and with eight (8) or fewer lots.
2. 
Residential subdivisions with a density of between two and one-half (2.5) and four (4.0) dwelling units per gross acre and with five (5) or fewer lots.
3. 
The smallest residential lot is four (4) or more acres in size.
4. 
Existing non-residential developments or residential structures converting to a non-residential use, where the additional impervious coverage to be created does not exceed twelve thousand (12,000) square feet in size, with the following condition:
a. 
Low-impact stormwater management practices are required to mitigate the additional runoff created by the additional impervious coverage.
b. 
No adverse stormwater impacts created.
All impervious coverage created prior to adoption of the UDO will be exempt from the twelve thousand (12,000) square foot calculation. Any impervious surface created after adoption of the UDO, with or without a permit, will be included in the calculation of impervious coverage.
E. 
Open drainage swales or ditches may be permitted in subdivisions where all lots are greater than two (2) acres in size or in planned districts and in accordance with an approved stormwater management plan.

Section 400.5570 Water Facilities.

[Zoning Order §16.520, 4-2-2008]
A. 
Public Water Supply. Where a public water supply system is reasonably accessible, said water supply shall be made available by the subdivider to each lot within the subdivision/development, including a connection to each lot and appropriately spaced fire hydrants. The water supply system shall conform to the standards and requirements of the Department of Natural Resources and the public water district having jurisdiction in the area. Spacing and location requirements of the fire protection system must be approved by the local entity having jurisdiction.
B. 
Private Water Supply. In the absence of a public water supply system, private wells shall be constructed either by the subdivider or subsequent lot owner or a connection to a private water supply system shall be provided by the subdivider so that an adequate supply of potable water will be available to every lot within the subdivision/development. Private water wells and private water supply systems shall confirm to the standards and requirements established by the Division of Geology and Land Survey of the Department of Natural Resources. All private wells shall be registered with the Division of Geology and Land Survey as provided by law.

Section 400.5580 Power Distribution, Telephone Lines and Cable Lines.

[Zoning Order §16.530, 4-2-2008]
In all subdivisions, all installations of power distribution lines, telephone lines and cable lines shall be in conformance with the minimum standards and practices of the company providing the service and the codes of Jefferson County.

Section 400.5590 Standard Drawings and Materials of Construction.

[Zoning Order §16.540, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
All street improvements shall be constructed in accordance with Article VII of this UDO. In the event this UDO lacks necessary detail for a particular improvement, the improvement shall be constructed in accordance with the current editions of the "St. Louis County Standard Specifications for Highway Construction" and the "Design Criteria for the Preparation of Improvement Plans". If unaddressed by St. Louis County, then the improvement shall be constructed in accordance with the latest edition of the "Standard Plans and Specifications for Highway Construction and the Missouri Highway and Transportation Commission" in effect as of the date of the adoption of this UDO as stated in Section 400.110. Alternate standard drawings and material specifications may be approved by the Planning Commission.

Section 400.5600 Construction Commencement.

[Zoning Order §16.550, 4-2-2008]
A. 
Construction of an improvement project may commence only after a minimum of twenty-four (24) hours subsequent to the following requirements being fully met:
1. 
Approval of the improvement plan or site development plan;
2. 
All fees are paid according to the Jefferson County Fees Schedule for Planning and Zoning Activities as set out in Chapter 401 of this Code;
3. 
A preconstruction meeting has been conducted on site with a representative from the County and the developer (utility companies are encouraged but not required to attend);
4. 
A land disturbance permit has been issued in accordance with the procedures set forth in Chapter 505, Article II, Sections 505.130 et seq., of this Code; and
5. 
The Planning Division has been notified a minimum of twenty-four (24) hours prior to anticipated commencement of construction.

Section 400.5610 Inspection Required.

[Zoning Order §16.560, 4-2-2008]
A. 
Prior to starting any of the work covered by any improvement plans required herein, after approval thereof, a schedule shall be established for inspection of the proposed work, sufficient to assure compliance with the plans and specifications as approved.
B. 
A duly authorized representative of the County shall make inspections of construction within the subdivision/development. Other improvements associated with the approved improvement plans may also be inspected. A minimum of twenty-four (24) hours' notice shall be given to the authorized representative regarding any requested inspection.

Section 400.5640 Improvement Inspections.

[Zoning Order §16.580, 4-2-2008]
All required subdivision and site development improvements shall be subject to inspection and approval by Jefferson County, with the exception of improvements that will be inspected and accepted by other utility providers. Any installed improvements that do not meet the standards established by this UDO must be removed, replaced or repaired to conform with said standards prior to the acceptance of improvements by applicable agency.

Section 400.5650 Acceptance of Improvements.

[Zoning Order §16.590, 4-2-2008]
A. 
A letter of completion for required improvements will be issued, provided the following requirements are fully met:
1. 
A letter of credit covering defects and workmanship is provided to the County for ten percent (10%) of the construction cost for the following items: grading, streets, stormwater collection and detention systems, sanitary sewer and water systems when ownership and maintenance is the responsibility of the homeowners' association. The letter of credit shall be in effect for a period of one (1) year;
2. 
Certification by a professional engineer licensed in the State of Missouri stating that installation of all improvements substantially conforms to the approved improvement plans/site development plan. In lieu of the certification, the following shall be required for the County to accept the completion of improvements:
a. 
Pre- and post-construction geotechnical study in accordance with Article VII;
b. 
Data demonstrating street installations and other required improvements in accordance with Section 400.5660.

Section 400.5660 Requirements For Demonstrating Completion of Improvements.

[Zoning Order §16.595, 4-2-2008]
A. 
Whether the subdivider/developer has completed all the improvements prior to recording of the final plat or has entered into a guarantee agreement and provided security therefore, in order to gain permission to record the final plat, to obtain a release of all or a portion of the security, the subdivider/developer must comply with the following requirements.
1. 
Streets.
a. 
Provide data of a type and form from a professional acceptable to the Planning Division that the subgrade has been properly prepared to meet the standards established by these regulations.
b. 
Provide data of a type and form from a professional acceptable to the Planning Division that the pavement meets the standards contained in this UDO.
c. 
Provide a registered professional engineer's certification that the streets have been built in accordance with the UDO and consistent with the approved improvement plans. In lieu of providing an engineer's certification, the subdivider/developer may have a testing laboratory that is acceptable to the Planning Division perform post-construction coring to measure the thickness and compressive strength of the pavement areas as follows:
(1) 
Concrete pavements.
(a) 
One (1) core sample shall be taken in the approximate center of each intersection. Two (2) core samples (one (1) in each traffic lane) shall be taken between the intersections in locations to be designated by the Jefferson County Public Works Department. In the case of a cul-de-sac or a street without intersections, core samples will be taken in each traffic lane at the beginning and the end of the street and in between in each traffic lane at intervals that do not exceed five hundred (500) feet apart, the exact location of which shall be designated by the Jefferson County Public Works Department.
(b) 
When the measurement of any core is deficient in excess of three-tenths (0.3) inch from the planned thickness, additional cores will be taken in each traffic lane at twenty (20) foot intervals parallel to the centerline ahead and in back of the affected location until the extent of the deficiency has been determined.
(c) 
Pavement that is deficient by three-tenths (0.3) inch or less will be accepted. If any core measurement of thickness is deficient by more than three-tenths (0.3) inches, the subdivider/developer will have the option of removing and replacing the pavement or leaving the pavement in place and making a cash deposit into a special escrow account to be established by the County Council in accordance with the following schedule:
Deficiency in Thickness
Amount to be Paid into Special Escrow (percent of unit value in Jefferson County Schedule of Unit Prices)
0.31 — 0.5 inches
50%
0.51 inches and above
Replace
The above calculations will be applied to a Section of pavement twenty (20) feet in length and extending from the edge of the pavement to a longitudinal joint or between longitudinal joints in that section of pavement in which the deficient measurement was found.
(2) 
Asphalt pavement.
(a) 
Cores shall be taken at the same intervals and frequency as required for concrete pavement as provided above in Subsection (1)(c)(1)(a).
(b) 
When the measurement of any core is deficient in excess of two hundred forty-nine thousandths (0.249) inch from the approved thickness, additional cores will be taken in each traffic lane at twenty (20) foot intervals parallel to the centerline ahead and in back of the effected location until the extent of the deficiency has been determined.
(c) 
If any core measurement of thickness is deficient by more than two hundred forty-nine thousandths (0.249) inch from the planned thickness, the contractor, at its expense, will have the option of removing and replacing the deficient pavement or providing a minimum one and one-half (1.5) clean tack coated surface overlay to achieve or exceed the designed thickness. The pavement shall be removed or overlaid for the full width of the road to the extent of the deficiency along the longitudinal axis of the road. In the alternative, the pavement may be left in place and the developer shall make a cash deposit into a special escrow account to be established by the County Council in accordance with the following schedule:
Deficiency in Thickness
Amount to be paid into special escrow (percent of unit value in Jefferson County Schedule of Unit Prices)
0.25 — 0.39 inches
50%
0.4 — 0.6 inches
100% or remove and replace or overlay. (Choice to remove and replace or overlay shall be at the discretion of the County.)
0.61 inches and above
Replace
The above calculations will be computed at the rate per square yard of pavement used in determining the amount of the developer's escrow deposit. Amount to be paid into special escrow will be assessed based on one hundred (100) foot minimum intervals.
(d) 
At such time as control of the homeowners' association is assumed by the property owners and upon receipt of a written request from the association, the County Council shall pay the funds it has held in the special escrow to the homeowners' association or to such organization as the association may designate.
(e) 
Holes from the core samples shall be filled with non-shrink grout.
2. 
Stormwater system.
a. 
Provide an engineer's certification that the storm sewers have been installed in accordance with the approved improvement plans.
b. 
In lieu of an engineer's certification, provide as-built drawings from a professional acceptable to the Planning Division that illustrate the location of the stormwater system relative to established easements and the location and elevations of stormwater structures.
3. 
Sanitary sewers and water lines.
a. 
Provide an engineer's certification that sanitary sewers and water lines have been installed in accordance with the approved improvement plans.
b. 
In lieu of an engineer's certification, provide as-built drawings from a professional acceptable to the Planning Division that illustrate the location of the sanitary sewer and water system relative to established easements and the location and elevations of structures.
c. 
For developments where a private or public sewer or water district will be maintaining and taking ownership of the system, provide an acceptance/approval letter from such district.
4. 
Miscellaneous improvements. Completion of all other improvements, including entrance monuments, street signs, sidewalks, common ground improvements, fencing, landscaping, etc., shall be determined by visual inspection by Jefferson County personnel.

Section 400.5670 Maintenance and Supervision.

[Zoning Order §16.600, 4-2-2008]
A. 
Where improvement plans or site development plans provide for installation of improvements that require maintenance, supervision or operation and the ownership is not transferred to a municipal corporation, a private agency or a utility, the deed of restrictions or covenants for the development shall make provisions for a continuing legal body (property/homeowners' association) with authority to set and collect reasonable charges.
B. 
Maintenance and supervision requirements for one- and two-family residential subdivisions are found in Section 400.5680(6).

Section 400.5680 Property Owners' Association.

[Zoning Order §16.610, 4-2-2008]
A. 
Subdividers shall form or cause to have formed a property owners' association in accordance with the following standards.
1. 
Recordation. The association shall be established in recorded subdivision restrictions before any lot within the subdivision is sold.
2. 
Membership. Membership in the property owners' association shall be mandatory for each owner of real property within the subdivision.
3. 
Responsibilities. Common open space, subdivision entrance structures, stormwater system or recreational ground that is reflected on a final plat, must be owned and maintained by the property owners' association. If the property owners' association proposes to change the area of common ground, approval must be granted by the County. The property owners' association shall be responsible for payment of property taxes, if any, on and maintenance of all common open space areas and facilities, maintenance of liability insurance and other related duties of ownership.
4. 
Establishment of property owners' association. The subdivider shall file a declaration of restrictions and a declaration of property owners' association with the final plat when approval is sought, setting forth the above condition and other features of the property owners' association. The subdivider shall supply to the Planning Division a copy of the articles of incorporation or articles of organization and a complete set of the bylaws of the property owners' association. The declaration of restrictions and declaration of property owners' association shall, at a minimum, regulate the following:
a. 
Property maintenance;
b. 
Maintenance of common facilities;
c. 
Trash removal.
5. 
Transfer of control of the association.
a. 
Developer shall orderly transfer control of the association no later than ninety (90) days after the sale of ninety-five percent (95%) of the units/lots in the development where there is a professional management company for the development or eighty percent (80%) of the units/lots in the development where there is not a professional management company, whichever is earlier; provided however, the developer may transfer control of the association at an earlier date.
b. 
Before the deadline, the developer shall send out notice to hold a meeting of all property owners to elect a board. The notice shall be sent out announcing the time, place and purpose of the meeting, at least fifteen (15) days in advance. Once the board is elected, the developer shall officially transfer the control of the property owners' association to the board at the meeting. The records and monies shall be transferred over, though not necessarily at the meeting itself, no later than ninety (90) days after the meeting.
6. 
Where subdivision improvement plans provide for installation of improvements, including sewer lines, sewage treatment plants, water supply systems, streets or other physical facilities that require maintenance, supervision or operation and the maintenance of those facilities is not transferred to a private agency or a utility, the declarations and restrictions shall make provision for a property owners' association with authority to:
a. 
Make charges on a continuing basis for the upkeep, maintenance and operation of the improvements; and
b. 
Set reasonable charges thereof, with a minimum of three hundred dollars ($300.00) annually per lot.
c. 
Where the proposed subdivision relies upon utilization of a private access located outside the proposed subdivision, the maintenance fee shall also provide for a contribution to an existing Board of Trustees equal to the proportional use of the access based on the number of housing units served.
7. 
The declaration of restrictions and declaration of property owners' association shall be recorded along with the final plat.
8. 
A copy of the recorded set of covenants and restrictions for the development must be submitted to the Planning Division prior to the issuance of a building permit.
9. 
If a subdivision plat includes construction of a landscaped decorative entryway, islands, statuary or other aesthetically oriented theme or identity amenities that are to be located within a dedicated right-of-way, the property owners' association shall be specifically charged with the responsibility for perpetual maintenance of such areas. This shall not apply to landscaping within the median strip of County or State-maintained streets.
10. 
In the event a property owners' association established to own or maintain common open space or any successor association shall, at any time after development of a residential subdivision, fail to maintain the common open space in reasonable order and condition, the Director may serve written notice upon such association setting forth the manner in which the association has failed to maintain the common open space and said notice shall include a demand that such deficiencies of maintenance be corrected within thirty (30) days thereof and shall state the date and place of a public hearing before the County Council which shall be held within fourteen (14) days of said notice. At such public hearing, the County Council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the deviation thereof are not corrected within said thirty (30) days or any extension thereof, the County Council, in order to preserve the taxable values of properties within the residential subdivision and to prevent the common open space from becoming a public nuisance, may authorize appropriate County employees to enter upon said common open space and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the common open space.
11. 
Before expiration of said year, the County Council shall, upon its own initiative or upon request of the property owners' association therefore responsible for maintenance of the common open space, call a public hearing upon notice to such association or to residents of the residential subdivision, at which public hearing the County Council shall decide whether or not such maintenance by the County should continue for a succeeding year. If the County Council shall determine that such association is not ready and able to maintain the common open space in reasonable condition and order, the County Council may, in its discretion, continue to maintain the common open space during the succeeding year and, subject to a similar public hearing and determination, in each year thereafter.