[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.
[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:
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]
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.
[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.
[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.
[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.
[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.
[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.
[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;
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.
[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).
[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.
[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.
[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.
[Zoning Order §16.200, 4-2-2008]
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 three (3) submittals of plans for the same project. Subsequent submittals for the same project will incur additional fees.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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:
b.
Entrance pavement thickness.
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.
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).
[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.
[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.
[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).
[Zoning Order §16.310, 4-2-2008]
Any replatting of an existing subdivision shall follow the platting
requirements of Division 2 of this Article.
[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.
[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.