The purpose of this article is to control the division of land within the municipal limits of the City of Jennings in order to promote health, safety, morals and general welfare, of the community, to further the orderly development of land; to establish accurate records of land subdivisions; to facilitate adequate and coordinated provision for transportation, water, sewerage, schools, parks and other public requirements; and to preserve natural features and historic landmarks.

Every subdivision of land within the municipal limits of the City of Jennings shall be shown on a plat and submitted to the city for its approval or disapproval in accordance with the provisions of this article. No plat shall be recorded in the Office of St. Louis County Recorder of Deeds and no lots shall be sold from such plat unless and until it is approved as provided for in this article.

Prior to subdividing or resubdividing any tract or parcel of land within the municipal limits of the city, the owner or his authorized agent shall submit, to the department of public works, an application and preliminary plans containing such data and information which may be prescribed by the city so as to assure the fullest practicable presentation of facts for analysis and for the permanent record. Eight (8) copies of said information shall be provided and shall include, but not be limited to, the nature of the proposed subdivision as outlined in section 30.8 of this article. In addition, a copy of the preliminary plan shall be sent, by the applicant, to each of the following offices for review and comment:

(a)

Metropolitan St. Louis Sewer District.

(b)

St. Louis County Health Department.

(c)

Ameren UE Electric Company.

(d)

Laclede Gas Company.

(e)

Missouri American Water Company.

(f)

St. Louis County Department of Revenue.

(g)

Southwestern Bell Telephone Company.

(h)

Jennings Fire Department.

(i)

Jennings School District.

(j)

St. Louis County Department of Highways and Traffic.

(k)

Missouri Department of Transportation if access to the proposed subdivision is from a county road or a state road.

(l)

Jennings Police Department.

(m)

Cable company providing service to the City of Jennings.

The owner or his authorized agent is encouraged to meet with the city's staff prior to formalizing a preliminary subdivision plan application in-order-to seek advice and direction in presenting the application and required items.

Each application shall be verified by at least one of the owner(s) or authorized agents of the owner(s) of the subject property attesting to the truth and correctness of all facts and information presented with the application, and said applications shall be submitted in triplicate to the office of the director of public works. Additional information may be requested, beyond the listed requirements as outlined in section 30.8, by the director.

Upon receipt of the preliminary subdivision plan application and supporting documents, the director of public works shall review the documents to determine completeness. If the director determines the submittal is complete, then the submittal shall be forwarded to the plan commission.

The plan commission shall study the preliminary subdivision plan with respect to the minimum standards and requirements as set forth in this article and other city ordinances, as well as comments received from city staff and from the above offices.

The plan commission shall render a decision on a preliminary subdivision plan within sixty (60) days from the date the plan commission first considers the application. The application for subdivision shall be deemed to have received a positive recommendation if the plan commission fails to render a decision with the said sixty-day period. The sixty-day period may be extended through mutual written agreement between the applicant and the city plan commission.

The plan commission shall submit a written report to the city council of its decision stating the recommended conditions for approval or reasons for recommending denial of the preliminary subdivision plan.

After receipt of the plan commission's recommendation and report, the city council shall consider the proposed subdivision plan at a public hearing. The public hearing shall be advertised in a newspaper of general circulation not less than fifteen (15) days nor more than thirty (30) days prior to the hearing date. The subdivision plan is approved by ordinance. The city council may, at its discretion, add to or delete conditions recommended by the city plan commission. The city council may refer the application back to the plan commission for further study before making its final decision. The city council decision shall be in writing and shall include a finding of facts and conclusion. The decision rendered by the city council shall require a simple majority vote except in the following circumstances:

A vote of at least six (6) members of the city council shall be required to render a decision contrary to the city plan commission recommendation or denial of the preliminary subdivision plan.

The city council's approval of the preliminary subdivision plan shall be valid for a period of one (1) year from the date of such approval. The director of public works may, upon written request by the applicant, extend the aforesaid time period to facilitate and coordinate provisions for transportation, water, sewerage, schools, parks, playgrounds or other public requirements. If no final plat is submitted and approved within said one-year period, or longer if the director authorizes, the approval of the preliminary subdivision plan shall expire.

The preliminary subdivision plan shall be any scale from one inch equals twenty feet (1" = 20') through one inch equals one hundred feet (1" = 100'), so long as the scale is an increment of ten (10) feet and shall contain the following information:

(a)

A key or location map showing the tract and its relation to the surrounding area.

(b)

A north arrow and graphic scale.

(c)

The name proposed for the tract to be subdivided, which shall be original and not a duplication of the name of any previously recorded subdivision or development in St. Louis County.

(d)

The date of submission to the city and the following names and addresses:

(1)

The record owner or owners of the tract.

(2)

The party who prepared the plan.

(3)

The party for whom the plan was prepared.

(4)

The engineer or land surveyor designing any required improvement.

(e)

The area of the tract stated in tenths of an acre.

(f)

Sufficient contour data to indicate the slope and drainage of the tract and the high and low points thereof. Contour data shall extend one hundred eighty five (185) feet beyond the limits of the subdivision boundaries. U.S.G.S. data is acceptable.

(g)

The location of existing and proposed property lines and streets, water courses, sink holes, areas within the tract subject to inundation by storm water, or within an area of special flood hazards, railroads, bridges, culverts, storm sewers, sanitary sewers, easements of record, existing buildings or other improvements that are to remain and significant natural features, but not limited to wooded areas and rock formations.

(e)

Subsurface rock and soil conditions and the water table.

(f)

U. S. Survey Township, Range and Section Lines, as well as zoning district, school district, fire district and other similar districts in which the tract is located.

(g)

Any proposed alteration, adjustment or change in the elevation or topography of any area.

(h)

Lot lines and minimum and maximum size of lots into which the tract is proposed to be subdivided.

(i)

Proposed method of sewage disposal.

(j)

If the developer intends to subdivide any portion of the parcel for use of multiple dwelling units then the preliminary plat shall, in addition, include the following data:

(1)

Gross area of tract.

(2)

Area in street.

(3)

Net area of tract.

(4)

Maximum number of units allowed.

(5)

Maximum number of units proposed.

(6)

Parking spaces per dwelling unit.

(7)

Distance between structures.

(k)

A certification by the party who prepared the preliminary subdivision plan that such plan is a correct and accurate representation of the conditions shown thereon.

(l)

An updated title commitment.

30.9.1 Notification of approval. Upon receipt of notification of approval of the preliminary subdivision plan by the city council, the applicant may proceed with the preparation of the subdivision improvement plan. All such subdivision improvements shall be designed and constructed in compliance with:

(a)

"Design Criteria for the Preparation of Improvement Plans", or its successor publication, published by St. Louis County Department of Highways and Traffic,

(b)

"Missouri Standard Plans for Highway Construction", or its successor publication, published by the Missouri Highway and Transportation Commission,

(c)

Metropolitan St. Louis Sewer District Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Stormwater Drainage Facilities,

(d)

City of Jennings Code of Ordinances,

(e)

St. Louis County Standard Specifications for Highway Construction,

(f)

Missouri Standard Specifications for Highway Construction,

(g)

Metropolitan St. Louis Sewer District's Standard Construction Specifications for Sewer and Drainage Facilities, and

(h)

Other applicable laws, ordinances and codes.

30.9.2 Submissions. All submissions shall be sealed by a licensed architect, professional engineer or land surveyor registered in the State of Missouri, pursuant to laws and regulations established by the State of Missouri Board of Architects, Professional Engineers and Land Surveyors. An original seal, signature and print date shall appear on each page of one (1) original submittal set as evidence that the submitted material was prepared under the direction of a licensed architect, professional engineer or land surveyor. The applicant shall submit thirteen (13) copies of the subdivision improvement plans and specifications to the director of public works. In addition, the applicant shall submit copies of the subdivision improvement plans and specifications to the agencies, offices or companies, as listed in section 30.3, having jurisdiction over such improvements, as needed, and secure written approvals or denials thereof. The thirteen (13) copies of the subdivision improvement plans shall be submitted to the city on an exhibit twenty-four (24) inches by thirty-six (36) inches and shall contain the following additional information:

(a)

Title page which shall include a key map showing the relationship of the area to be subdivided to the tract and which shall reflect any areas of the tract previously subdivided plus adjacent streets.

(b)

North arrow and graphic scale.

(c)

Title block showing name, address and seal of the registered architect, engineer or land surveyor preparing the plans.

(d)

One (1) or more bench marks, in or near the subdivision to which the subdivision is referenced. The identity and elevation shall be based on the "National American Vertical Datum of 1988" (NAVD), or its successor publication, (supercedes "National Geodetic Vertical Datum of 1929") as published by the United States Geodetic Survey (USGS).

(e)

List of the standards and specifications followed, citing volume, section, page or other references.

(k)

Paving details conforming to standards required by this section.

(l)

Details of streets, existing and proposed sanitary sewers, storm water drainage channels, sales and storm sewers conforming to standards required by this section.

(m)

Plans and profiles of streets and sewers, by scale of not less than one (1) inch equals one hundred (100) feet (1" = 100') horizontal; and one (1) inch equals ten (10) feet (1" = 10') vertical.

(n)

Existing and proposed survey monuments.

30.9.3 Prior to construction of improvements. Prior to constructing improvements, the applicant shall submit to the city copies of the written approvals from all necessary agencies, offices or companies, and shall obtain written authorization from the director of public works to proceed with such construction. The director shall review the approvals to insure compliance with the requirements for such improvements contained in this article. The director shall either find that such compliance is occurring and then authorize the applicant to proceed with construction, or find that such compliance is not occurring and identify, in writing, deficiencies which must be corrected before authorization to proceed with construction can be given.

If construction of the improvements is not completed within a one-year period a re-submission and review of the improvement plans shall be required. The director of public works, may upon written request by the applicant, extend the aforesaid time period for an additional six (6) months to facilitate and coordinate provisions for transportation, water, sewerage, schools, parks, playgrounds or other public requirements, however, the written notice requesting and an extension must be received by the director of public works forty-five (45) days prior to the expiration of the original one-year period.

(a) After the improvement plans have been approved and all inspection fees paid, but before approval of the record subdivision plat, the developer shall guarantee the completion of improvements and creation of a maintenance guarantee for public streets. The developer shall either:

(1)

Complete the improvements in accordance with the approved improvement plans under the observation and inspection of the appropriate public agency and create the required public street maintenance guarantee; or

(2)

Deposit cash or an irrevocable letter of credit under a deposit agreement with the City of Jennings, or post a land subdivision bond to guarantee the construction, completion, and installation of the improvements shown on the approved improvement plans within the improvement completion period approved by the director, which shall not exceed three (3) years.

(3)

For plats approved after the effective date of this ordinance, no guarantee or deposit is required with the city for sanitary and storm sewers within the jurisdiction of MSD, if MSD confirms that its requirements for assurance of completion are satisfied. This provision shall not affect the intent or enforcement of any existing guarantee, escrow, or renewal, extension or replacement thereof.

(b)

Deposit agreements shall provide that there shall be deposited with the City of Jennings Department of Public Works:

(1)

A cash amount not less than the director's estimate of the cost of the construction, completion and installation of the improvements indicated on approved improvement plans; or

(2)

A sight draft irrevocable letter of credit which may be renewable, issued under the Uniform Customs and Practice for Documentary Credits (1993 Revision) (International Chamber of Commerce Brochure No. 500), as amended, but excluding the provisions of Article 41, thereof, or as otherwise approved by the city attorney, payable at a local financial institution, in an amount not less than the director's estimate of the cost of the construction completion and installation of the improvements indicated on the approved improvement plans, with a final expiration date of not less than six (6) months after the initial period allowed for completion of subdivision improvements, drawn in favor of the City of Jennings and guaranteeing the City of Jennings the availability, from time to time upon demand, the balance under the deposit agreement and letter of credit not theretofore released.

(c)

The land subdivision bond shall be approved by the director and city attorney prior to being sent to the city council for approval and shall be issued by a surety company qualified to do business in Missouri and shall insure or guarantee, to the extent of the director's estimate of the cost thereof, the construction, completion and installation of the improvements indicated on the approved improvement plans and creation of the public streets and related storm water facilities maintenance guarantee as specified in subsection (d)(3) herein.

(d)

The deposit agreement shall be held by the City of Jennings and remain in effect until such time as the director shall release the cash, reduce the obligation secured under the letter of credit, or release the bond. Such releases or reductions may be in part and may occur from time to time, as work on constructing improvements is performed, provided, however that:

(1)

The director shall release the cash or reduce the letter of credit obligation or release the surety from all or any part of its obligation only after construction, completion and installation of some phase of work on the improvement indicated on the approved improvement plans, receipt of requisite written notification from the appropriate inspecting public authority, and approval by the director. In order to accommodate the development process while protecting the public from deficient and uncompleted improvements, the City of Jennings will accomplish releases within thirty days of a written request to approve improvements when practicable. Such a written request shall be in such form as required by the director and shall not be made until the improvements are susceptible of inspection and approval in accordance with standards established by the director (i.e., concrete work has reached final cure, street lights have been activated, etc.). In any instance where more than thirty (30) days elapses from receipt of a written request from a developer for inspection, until either release or report to the developer of defects or deficiencies, the director shall promptly convene an inter-department task force representing the street department, fire department, department of public works and the city attorney to review the city's failure to respond in such time. The task force may direct release if it finds that failure to respond was unjustified and that the public interest will not be materially harmed by such release. The director shall report the actions of the task force in writing to the city council each quarter; and

(2)

If, at the end of the improvement completion period, all the improvements shown on the approved improvement plans have not been completed, the director may extend the improvement completion period for a period of up to two (2) years if after review by the director such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public improvements, facilities, or requirements so long as all guarantees are extended and approved by the city attorney; and

(3)

The director shall not release more than ninety (90) percent of the sum estimated for the construction cost of public streets and related storm water facilities. The developer continues to be responsible for defects, deficiencies and damage to public streets and related storm water improvements during development. Upon acceptance of the public streets and related storm water facilities for city maintenance, the remaining ten (10) percent of the original construction cost estimate therefor shall be transferred from the deposit account to a special transit account and shall be subject to the order of the director to defray or reimburse any cost to the city of maintenance or repair of public streets and related storm water facilities related to the subdivision which the developer fails or refuses to perform. Funds shall be so held until such time as the development is complete, as determined by the director. Street and related storm water improvement funds relating to streets which were constructed to the new standards adopted by the department of public works after the adoption of this ordinance shall be held until the earlier of completion of development, as determined by the director, or one (1) year after acceptance. Funds shall then be released if there are no defects or deficiencies found on inspection thereof, or at such time thereafter as any defects or deficiencies are cured with the permission of, and within the time allowed by, the director. At the election of the developer, the cash deposit may be replaced with a letter of credit approved by the city attorney in the same amount.

(e)

The obligation of the developer to construct, complete and install the improvements indicated on the approved improvement plans and provide for street maintenance shall not cease until the developer shall be finally released by the director. If, after the initial improvement completion period, or after a later period as extended pursuant to this article, the improvements indicated on the approved improvement plans are not constructed, completed, installed, and accepted, or if the developer shall violate any provision of the deposit agreement as determined by the director, the director shall notify the developer and surety or letter of credit provider to show cause within not less than ten (10) days why the developer should not be declared in default. If the developer of surety or letter of credit provider fails to cure any default or present compelling reason why no default should be declared, the director shall declare the developer in default and may take any one or more of the following acts:

(1)

Deem the balance under the deposit agreement not theretofore released as forfeited to the city, to be then placed in an appropriate trust and agency account subject to the order of the director for such purposes as letting contracts to bring about the completion of the improvements indicated on the approved improvement plans or other appropriate purposes in the interest of the public health, safety, morals and welfare; or

(2)

Require the surety to perform on the bond and pay to the city the balance of the bond not theretofore released; or

(3)

Require the developer to submit an additional cash sum or letter of credit sufficient to guarantee the completion of the improvements indicated on the approved improvement plans after recalculation in order to allow for any inflated or increased costs of constructing improvements.

(f)

If the surety fails to comply with the director's requirements under (e) (2) above, or if the director determines that forfeiture of the remaining deposit or surety balance under (e)(1) or (e)(2) above will not allow completion of the required improvements and if the developer fails to comply with the director's requirements under (e) (3) above, the director may:

(1)

Suspend the right of anyone to build or construct on the undeveloped portion of the subdivision. For the purpose of this section the undeveloped portion of the subdivision 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. The director shall give the developer ten (10) days written notice of an order under this section, with copies to all issuers of letters of credit or sureties, as appropriate, who have outstanding obligations for any undeveloped portion of the subdivision, and shall record and affidavit of such notice with the Office of the St. Louis County Recorder of Deeds. If, within the ten-day period after notice is given, the director is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the director shall order construction suspended on the undeveloped portion of the subdivision. The order shall be served upon the developer, with a copy to the issuer of the letter of credit or surety as appropriate, and a copy recorded with the Office of the St. Louis County Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the director at the subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the director:

If said notice is for a subdivision:

THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF JENNINGS DIRECTOR OF PUBLIC WORKS, NO DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL SUCH TIME AS THE DIRECTOR OF PUBLIC WORKS REMOVES THE PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THIS CHAPTER.

If said notice is for a lot:

THIS LOT, (lot number) HAS BEEN DECLARED IN DEFAULT BY THE CITY OF JENNINGS DIRECTOR OF PUBLIC WORKS, NO DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITH THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE DIRECTOR OF PUBLIC WORKS REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THIS CHAPTER.

The director of public works shall not thereafter authorize construction to take place contrary to the director's order. The suspension shall be rescinded in whole or in part only when the director is convinced that completion of the improvements is adequately assured in all or an appropriate part of the subdivision and a guarantee of public street maintenance provided; or

(2)

Suspend the rights of the developer, or any related entity, to construct structures in any development platted after the effective date of such suspension throughout the City of Jennings. The director shall give the developer ten (10) days written notice of an order under this clause, with a copy to issuers of letters of credit or sureties known to the director to have obligations outstanding on behalf of the developer or related entities and shall record an affidavit of such notice with the Office of the St. Louis County Recorder of Deeds. If, within the ten-day period after notice is given, the director is not convinces by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the director shall order construction suspended. The order shall be served upon the developer, with a copy to the issuer of the letter of credit or surety as appropriate, and a copy recorded with the Office of the St. Louis County Recorder of Deeds. The director of public works shall not thereafter authorize construction to take place contrary to the director's order. The suspension shall be rescinded only when the director is convinced that completion of the improvements is adequately assured and public street maintenance assured.

(g)

From and after the effective date of this ordinance, if a developer, or any related entity, has a subdivision development improvement guarantee that is in default, as determined by the director, including any escrow or bond under any prior version of this ordinance,

(1)

The director shall be authorized, but not be limited, to thereafter pursue the remedies of (e) of this section; and

(2)

The rights of the developer, or any related entity, to receive approval, which approval shall include, but not be limited to, approval of any plat or deposit agreement for new or further development, shall be suspended. The suspension shall be rescinded only when the director is convinced that completion of the improvements is adequately assured and public street maintenance assured.

(h)

If the surety fails to perform on the bond or any other party fails to comply with any provision of this section, the director may recommend that the city attorney take appropriate legal action.

(i)

No surety shall be eligible to provide the performance bond required herein, nor shall any financial institution be eligible to provide a letter of credit, unless approved in advance by the director of public works and the city attorney on such terms and criteria as may be established by the director of finance and the city attorney.

(j)

For purposes of this section, "related entity" has the following meaning: a developer is a "related entity" of another person is either has a principal or controlling interest in the other, or if any person, firm, corporation, association, partnership, or other entity with a controlling interest in one has a principal or controlling interest in the other.

Upon completion of the construction of required improvements, including final inspections and approvals by the responsible agencies, offices and companies, or the submission to the city of either a cash deposit, letter of credit, or land subdivision bond, in accordance with section 30.10, together with approvals of detailed improvement plans and specifications, the applicant may submit a final plat for all or a portion of the lands covered by the preliminary subdivision plan. Such submission shall consist of an original drawing on reproducible mylar and shall also be submitted in an electronic format compatible with that used by the city and provide copies thereof in the quantity designated by the director.

(a)

Board of trustees funds. In the case of any proposed subdivision where there is to be common ground and a subdivision indenture which creates a board of trustees for such subdivision and property owners subsequent in interest to the owner, or owner's authorized agent, have not yet elected a majority of the board of trustees of such subdivision, the developer shall, prior to approval of the final plat, deposit with the city a sum of money equal to thirty (30) percent of the estimated cost of construction of all subdivision improvements except streets, sidewalks and sewers. The city shall maintain said deposit in a separate account for the uses and purposes herein provided.

The city shall retain said deposit until such time as a majority of the board of trustees of such subdivision shall be persons elected by property owners in said subdivision subsequent in interest to the owner, or owner's authorized agent. Upon the owner, or owner's authorized agent, furnishing to the city a letter from the chairman of the board of trustees identifying each member of the board of trustees and stating whether such member is property owner subsequent in interest to the owner, or owner's authorized agent, and certifying that a majority of the board of trustees of such subdivision have been elected by property owners subsequent in interest to the owner, or owner's authorized agent, the city shall refund to the owner, or owner's authorized agent, such deposit.

(b)

Final plat conformance. If the final plat conforms in substance to the approved preliminary subdivision plan and if all issues relating to the required improvements are resolved, the plan commission shall recommend to the city council the approval of the final plat. If otherwise, the plan commission shall recommend to the council that the request be denied and the applicant be notified in writing the reason for the denial. The plan commission shall render a decision on this final plat within sixty (60) days from the date the commission first considers the application. The final plat shall be deemed to have received a positive recommendation if the plan commission fails to render a decision within the said sixty-day period. The sixty-day period may be extended through mutual written agreement between the applicant and the plan commission.

(c)

City council procedure. After receipt of the plan commission's recommendation and report, the city council shall consider the proposed final plat. If the final plat is in conformance or nonconformance with all requirements, the applicant shall be informed in writing of the action of the council.

A vote of at least six (6) members of the city council will be required to render a decision contrary to the city plan commission recommendation for approval or denial of the final plat.

(d)

Recording requirements. Upon approval of the final plat by the city council, the city clerk shall place his signature on the plat along with the date and approving ordinance number. The applicant shall file the final plat with the Office of the St. Louis County Recorder of Deeds within sixty (60) calendar days after approval by the city council. If any final plat is not filed within this period, the council approval shall expire. Upon recording, the owner, or owner's authorized agent, shall file with the director of public works one (1) copy of the recorded plat, showing the book and page of recording. Approval of the final plat does not constitute acceptance of dedications of improvements.

The final plat shall be prepared by a licensed architect, professional engineer or land surveyor registered in the State of Missouri, pursuant to laws and regulations established by the State of Missouri Board of Architects, Professional Engineers and Land Surveyors. An original seal, signature and print date shall appear on each page of the final plat. The plat shall be drawn at any scale from one inch equals twenty feet (1" = 20') to one inch equals one hundred feet (1" = 100') in any increment of ten (10) feet on one or more sheets whose maximum dimensions are thirty (30) inches by forty-two (42) inches. In certain instances when the subdivided area is an unusual size and shape, the director of public works may permit a variation in the scale or size of the final plat. If more than one sheet is required, a key map on sheet #1 showing the entire subdivision at reduced scale shall be provided.

The final plat shall show and be accompanied by the following information:

(a)

North arrow, graphic scale and name of owner or owners.

(b)

All U.S. Survey Section, Township and Range Lines.

(c)

The lines of all proposed streets and rights-of-way with their widths and names.

(d)

An accurate delineation of any property offered for dedication to public use.

(e)

The line of departure of one (1) street from another.

(f)

The boundary lines of all abutting lands and the right-of-way lines of adjacent streets with their widths and names.

(g)

All lot lines, including their dimensions and an identification system for all lots and blocks.

(h)

Building lines and easements for right-of-way provided for public use, services or utilities, with figures showing their dimension.

(i)

All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the subdivision, blocks, lots, streets, alleys, easements, building lines and of any other areas for public or private use.

(j)

All survey monuments, together with their descriptions.

(k)

Area in square feet for each lot or parcel on the plat or a supplemental sheet showing same.

(l)

Name of subdivision and description of property subdivided, showing its location and area.

(m)

Certification by the architect, engineer or land surveyor to the effect that the plat represents a survey made by him, and that the locations of all required survey monuments, installed or to be installed, are correctly shown. The survey shall also show the month and year in which it was made.

(n)

Private restrictions and/or trust indentures where established by ordinance, and their periods of existence. Should such restrictions and trusteeships be of such length as to make the lettering of same on plat impracticable and thus require the preparation of a separate document, reference to such document shall be made on the plat.

(o)

A certificate by the Office of the St. Louis County Collector of Revenue that there are no delinquent taxes outstanding.

The director of public works shall examine preliminary subdivision plans, subdivision improvement plans and final plats and by coordinate with other officials and agencies as necessary in order to provide the plan commission with the professional and technical expertise appropriate to facilitate its review and decision on each application.

The licensed architect, registered professional engineer or land surveyor employed by the developer to design the subdivision improvement plans shall be responsible for the submission of design details and specifications, as well as staking out and supervision of the installation of said improvements of the subdivision improvement plans.

Both scheduled and periodic unscheduled inspections of the subdivision by the director of public works shall be conducted both during the layout phase and the construction phase. Final inspections shall be made before the improvements are accepted by the city for public maintenance.

Upon completion of all improvements as required, the developer's engineer shall file with the department of public works an affidavit stating that all construction, improvements, work and materials fully comply with applicable specifications and designs. At the same time the developer's engineer shall file with the director of public works detailed plans, certified by the developer's engineer, showing all improvements and installations as-built.

(a)

In the case of the sale or exchange of parcels of land in residential districts to or between adjoining property owners, where such sale or exchange does not create additional lots and where the original lots are not reduced below the minimum sizes required by this appendix, and where other requirements of this appendix are complied with, such owners shall submit to the director of public works a plat showing the proposed adjustment of lot lines together with buildings and other improvements on the properties. The information provided to the director shall be attested to as to the correctness by a registered engineer or land surveyor.

(b)

In the case of the sale or exchange of parcels of land in commercial or industrial districts, to or between adjoining property owners, where such exchange does not create additional lots and where the original lots are not reduced below the minimum areas required by this appendix, or where no minimum lot size is required by this appendix, or in the case of a planned unit development in which the lot could be less than seven thousand five hundred (7,500) square feet shall not be less than the minimum lot size approved by the city council, the original lot, shall not be reduced to less than seven thousand five hundred (7,500) square feet, and where other requirements of this appendix are complied with, such owners shall submit to the director of public works a plat showing the proposed adjustment of lot lines together with buildings and other improvements on the property. The information shown on the plat shall be attested to as to correctness by a registered engineer or land surveyor.

(c)

If the director of public works finds such plat and property line adjustments to be in order, pursuant to section 30.17 (a) or (b), and in compliance with the requirements of this appendix, the director shall approve the plat by signing it on behalf of the City of Jennings. The owners shall file the plat with the Office of the St. Louis County Recorder of Deeds within sixty (60) days after approval by the director. If any such plat is not filed within sixty (60) days the approval shall expire. The owners shall provide the city with a copy of the recorded plat showing the book and page or recording, as evidence of compliance with the above requirements.

The developer of a proposed subdivision containing less than ten (10) lots, after approval of the preliminary subdivision plan by the plan commission, may submit a display house plat to the director for review and approval of no more than two (2) display houses.

There may be one (1) display house for every fifteen (15) additional lots beyond the first ten (10) lots, not to exceed ten (10) display houses for the subdivision. The display house plat shall include a complete out-boundary survey of the proposed subdivision and the location of each display house in relation to the proposed lots. The script of the display house plat shall contain terms and conditions as required by the director including the following:

(a)

The display house plat shall be recorded with the Office of the St. Louis County Recorder of Deeds prior to the issuance of a building permit for a display house; and

(b)

The display house plat shall become null and void upon the recording of a final plat that establishes that each display house is on an approved lot; and

(c)

No part of the proposed subdivision may be conveyed, or a certificate of occupancy issued for any structure thereon until the display house has been constructed on approved lots; and

(d)

If the construction of a display house has not commenced within sixty (60) days after the director's approval of the display house plat, such approval shall lapse and the said plat shall be null and void.

The owner of lands included within a recorded plat or portion thereof may apply for the vacation of such plat or portion thereof by filing with the plan commission an application giving a specific legal description of the property affected, the reasons why such vacation is necessary and the anticipated impact of such vacation on adjacent lands, together with a filing fee as require by Article 31 of this appendix.

30.19.1 Plan commission procedure. The plan commission shall study the proposed vacation and its possible impact on the public welfare and interest of the city and if the intent and purpose of this appendix will be preserved if the vacation is granted. The commission shall render a decision on the application within sixty (60) days from the date the plan commission first considers the application. The application for vacation shall be deemed to have received a positive recommendation if the plan commission fails to render a decision within the said sixty-day period. The sixty-day period may be extended through mutual written agreement between the applicant and the city plan commission.

30.19.2 City council procedure. After receipt of the plan commission's recommendation and report, the city council shall consider the proposed vacation and may vacate the plat, deny vacation or vacate a portion thereof with such restrictions as it deems appropriate to protect the public interest.

A vote of at least six (6) members of the city council shall be required to render a decision contrary to the city plan commission recommendation for approval or denial of the vacation.

All subdivision boundary corners, and all other points deemed necessary by the director of public works shall be definitively marked with permanent monuments. A permanent monument shall be constructed of either concrete which shall extend a minimum of four (4) inches below the frost line, or steel pipe embedded in concrete which shall extend below the frost line. Should conditions prohibit the placing of monuments on line, off-set marking will be permitted, provided that exact off-set courses and distances are shown on the final plat. A permanent bench mark shall be accessibly placed, the elevation of which shall be based on the "National American Vertical Datum of 1988" (NAVD), as published by the United States Geodetic Survey (USGS) or its successor publication, (supercedes "National Geodetic Vertical Datum of 1929"), or its successor publication, and the location and elevation of which shall be accurately noted on the final plat.

(a)

Where private streets are established, adequate provision shall be made in the deed restrictions accompanying the final plat to dedicate such areas to a subdivision board of trustees and to make proper provision for said board to have the power of assessment of property owners in the subdivision for the supervision, maintenance and construction or reconstruction of improvement in such streets.

(b)

Whenever any sanitary sewers, storm sewers, drainage channels, potable water mains or other improvements are required under this appendix, or provided for or installed in any property, the owner, or owner's authorized agent, shall provide, in a form satisfactory to the city attorney, for the perpetual dedication for public use, to the city or private company or other public agency responsible for the maintenance of such improvements, of all easements and installation for sanitary sewers, storm sewers, potable water mains, drainage channels or other drainage facilities, which easements and installations shall be subject to acceptance by the director or such private company or other public agency.

(c)

Whenever a subdivider elects to dedicate streets to the city, the subdivider shall provide for same in a form and manner satisfactory to the city attorney, and such dedication and improvement thereon shall be subject to acceptance by the director of public works.

(a)

The plan commission shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision, and may agree with the subdivider as to certain minimum restrictions to be placed upon the property to prevent the construction of substandard buildings, as to the type of structures or the use of the lots which, unless controlled, would clearly depreciate the character and value of the proposed subdivision and of adjoining property. Deed restrictions or covenants should be included to provide for the creation of a property owners' association or board of trustees for the proper protection and maintenance of the development in the future.

(b)

Where the subdivision contains private streets, sewers, sewage treatment plants, water supply system, storm drainage areas or facilities, park areas or other physical facilities necessary or desirable for the welfare and benefit of the area which are not or cannot be satisfactorily maintained by any existing public agency, provisions shall be made by trust agreement made a part of the deed restrictions, acceptable to any agency having jurisdiction over the location and improvement of such facilities, for the proper and continuous maintenance and supervision of such facilities.

(c)

All deed restrictions shall be shown on the plat or contained in a separately recorded instrument referred to on the final plat. In no event shall any deed restriction or covenant contain reversionary clauses pursuant to which title to any lot shall revert to the subdivider as the result of a violation of the terms of any such deed restrictions or covenant where the reversion to the subdivider would serve no purpose beneficial to the subdivision and would be confiscatory in nature.

Where a proposed park, playground, school or other public area shown on the city comprehensive plan is located in whole or in part in a subdivision, the plan commission may request the cooperation of the developer for reservation of such area within the subdivision or for a reasonable length of time to allow purchase or necessary option arrangements by appropriate public agencies. Where such open space would be a part of more than one (1) subdivision, the site should be selected at or near the boundary of the subdivision in order that it may be combined with the land reserved by adjacent developers.

30.23.1 Permitted land uses within such public areas, permitted land uses shall include:

(a)

Public parks and parkways.

(b)

Wildlife habitats

(c)

Accessory buildings and structures for the exclusive use of park operating personnel.

(d)

Historic sites and buildings.

(e)

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing, walls or any combination thereof; or shall be placed underground; or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding areas.

(f)

Information and directional signs.

(g)

Accessory buildings, land uses and activities customarily incidental to any of the above uses.

30.23.2 Height limitations. No structures other than a tower, pursuant to Article 12 of this appendix, shall exceed thirty-five (35) feet or two and one-half (2½) stories in height above the average natural grade of the perimeter of the lot or tract upon which it is located.

30.23.3 Yard requirements. No structure, other than a permitted directional or informational sign shall be erected within thirty (30) feet of lot or property line. Towers, authorized by provisions contained in Article 12 of this appendix, which exceed thirty-five (35) feet in height, shall be setback from all property lines a minimum of one (1) additional foot for each additional foot over thirty-five (35) feet.

(a)

A landscape plan, for residential subdivisions shall be submitted for review to the director of public works. This plan shall contain types, sizes and locations of all proposed and existing plantings. The subdivider shall install and guarantee for a period of at least one (1) year the plantings shown on the approved plan.

(b)

For all single-family residential subdivisions, and planned unit developments containing residential uses, there shall be a minimum of one (1) tree on every lot; provided that for lots having frontage on more than one (1) street there shall be a minimum of one (1) tree on the lot for each street on which the lot fronts. For two-family or multi-family residential subdivision (including townhouse/villas or condominium developments) as well as for common ground, there shall be a minimum of two (2) trees for each building, or for each one hundred (100) feet of street frontage, whichever results in the greater number of trees. For non-residential subdivisions there shall be a minimum of one (1) tree for each fifty (50) feet of street frontage.

(c)

Trees shall be deciduous hardwoods as approved by the director. Each tree shall be a least three (3) inches in caliper. A maximum of forty (40) percent of one (1) species may be utilized to meet planting requirements within each final plat of a subdivision.

(d)

No tree shall be planted closer than thirty (30) feet from any existing or proposed street light, nor closer than ten (10) feet from any manhole or storm water structure.

(e)

The director of public works shall require ground cover appropriate to insure proper surface water run-off. The director may require the clearing of underbrush and shall require sodding, seed and mulch and other landscape improvements in common ground, or ground where the topography has been altered.

(a)

Street lighting plan submission and review. The developer shall submit for review and approval such number of copies as requested by the department of the approved preliminary plat indicating the location of light standards in compliance with the following.

(b)

Illumination standards. Each lighting source shall have a height of not less than sixteen (16) feet above grade and shall have a minimum standard 9600 lumen output. Maximum initial illumination level five (5) feet from the base of the light source shall be no greater than 3.0 foot candles.

(1)

In a non-residential subdivision, single family residential subdivision or multiple family subdivision, street lights shall be provided at each intersection of a street within the subdivision, on street frontage between intersections, at each intersection of a street with a pedestrian way, at each circular turnaround, and within parking lot areas to comply with the provisions and regulations described herein.

(2)

Residential subdivision. The maximum distance between light standards on cul-de-sac and loop streets shall be three hundred twenty five (325) feet, except within the "R-1" Single-Family Residential District wherein the maximum shall be four hundred (400) feet. The maximum distance between street lights shall be three hundred twenty five (325) feet on all minor streets and multiple family access drives, two hundred fifty (250) feet for collector streets, and two hundred (200) feet for arterial streets, except that arterial streets within the "R-1" and "R-2" Residential Districts may utilize the spacing standards for a collector street.

(3)

Non-residential subdivision. For cul-de-sac streets, loop streets, and minor streets the maximum distance between street lights shall be three hundred twenty-five (325) feet. The maximum distance between street lights in collector streets shall be two hundred fifty (250) feet, and on arterial roadways two hundred (200) feet, except that for subdivisions within any "L-1" Light Industrial District street lights on a collector street may be placed at maximum intervals of three hundred twenty five (325) feet.

(c)

Light shall be designed and maintained to avoid unnecessary illumination of residential interiors.

(d)

Energy source—All energy sources supplying illumination shall be buried a minimum of eight (18) inches below grade. All piping and wiring to illumination sources shall be contained within the light standards or pole structure.

(e)

All electric lighting shall be controlled automatically by programmed time devices, photo electric cells, or the like. Street and residential lighting shall be on from dusk to dawn.