[Zoning Order §16.580, 4-2-2008]
All required subdivision and site development improvements shall
be subject to inspection and approval by Jefferson County, with the
exception of improvements that will be inspected and accepted by other
utility providers. Any installed improvements that do not meet the
standards established by this UDO must be removed, replaced or repaired
to conform with said standards prior to the acceptance of improvements
by applicable agency.
[Zoning Order §16.590, 4-2-2008]
A.
A
letter of completion for required improvements will be issued, provided
the following requirements are fully met:
1.
A letter of credit covering defects and workmanship is provided to
the County for ten percent (10%) of the construction cost for the
following items: grading, streets, stormwater collection and detention
systems, sanitary sewer and water systems when ownership and maintenance
is the responsibility of the homeowners' association. The letter of
credit shall be in effect for a period of one (1) year;
2.
Certification by a professional engineer licensed in the State of
Missouri stating that installation of all improvements substantially
conforms to the approved improvement plans/site development plan.
In lieu of the certification, the following shall be required for
the County to accept the completion of improvements:
[Zoning Order §16.595, 4-2-2008]
A.
Whether
the subdivider/developer has completed all the improvements prior
to recording of the final plat or has entered into a guarantee agreement
and provided security therefore, in order to gain permission to record
the final plat, to obtain a release of all or a portion of the security,
the subdivider/developer must comply with the following requirements.
1.
Streets.
a.
Provide data of a type and form from a professional acceptable to
the Planning Division that the subgrade has been properly prepared
to meet the standards established by these regulations.
b.
Provide data of a type and form from a professional acceptable to
the Planning Division that the pavement meets the standards contained
in this UDO.
c.
Provide a registered professional engineer's certification that the
streets have been built in accordance with the UDO and consistent
with the approved improvement plans. In lieu of providing an engineer's
certification, the subdivider/developer may have a testing laboratory
that is acceptable to the Planning Division perform post-construction
coring to measure the thickness and compressive strength of the pavement
areas as follows:
(1)
Concrete pavements.
(a)
One (1) core sample shall be taken in the approximate center
of each intersection. Two (2) core samples (one (1) in each traffic
lane) shall be taken between the intersections in locations to be
designated by the Jefferson County Public Works Department. In the
case of a cul-de-sac or a street without intersections, core samples
will be taken in each traffic lane at the beginning and the end of
the street and in between in each traffic lane at intervals that do
not exceed five hundred (500) feet apart, the exact location of which
shall be designated by the Jefferson County Public Works Department.
(b)
When the measurement of any core is deficient in excess of three-tenths
(0.3) inch from the planned thickness, additional cores will be taken
in each traffic lane at twenty (20) foot intervals parallel to the
centerline ahead and in back of the affected location until the extent
of the deficiency has been determined.
(c)
Pavement that is deficient by three-tenths (0.3) inch or less
will be accepted. If any core measurement of thickness is deficient
by more than three-tenths (0.3) inches, the subdivider/developer will
have the option of removing and replacing the pavement or leaving
the pavement in place and making a cash deposit into a special escrow
account to be established by the County Council in accordance with
the following schedule:
|
Deficiency in Thickness
|
Amount to be Paid into Special Escrow (percent of unit
value in Jefferson County Schedule of Unit Prices)
| |
|---|---|---|
|
0.31 — 0.5 inches
|
50%
| |
|
0.51 inches and above
|
Replace
|
|
|
The above calculations will be applied to a Section of pavement
twenty (20) feet in length and extending from the edge of the pavement
to a longitudinal joint or between longitudinal joints in that section
of pavement in which the deficient measurement was found.
|
(2)
Asphalt pavement.
(a)
Cores shall be taken at the same intervals and frequency as required for concrete pavement as provided above in Subsection (1)(c)(1)(a).
(b)
When the measurement of any core is deficient in excess of two
hundred forty-nine thousandths (0.249) inch from the approved thickness,
additional cores will be taken in each traffic lane at twenty (20)
foot intervals parallel to the centerline ahead and in back of the
effected location until the extent of the deficiency has been determined.
(c)
If any core measurement of thickness is deficient by more than
two hundred forty-nine thousandths (0.249) inch from the planned thickness,
the contractor, at its expense, will have the option of removing and
replacing the deficient pavement or providing a minimum one and one-half
(1.5) clean tack coated surface overlay to achieve or exceed the designed
thickness. The pavement shall be removed or overlaid for the full
width of the road to the extent of the deficiency along the longitudinal
axis of the road. In the alternative, the pavement may be left in
place and the developer shall make a cash deposit into a special escrow
account to be established by the County Council in accordance with
the following schedule:
|
Deficiency in Thickness
|
Amount to be paid into special escrow (percent of unit
value in Jefferson County Schedule of Unit Prices)
| |
|---|---|---|
|
0.25 — 0.39 inches
|
50%
| |
|
0.4 — 0.6 inches
|
100% or remove and replace or overlay. (Choice to remove and
replace or overlay shall be at the discretion of the County.)
| |
|
0.61 inches and above
|
Replace
|
|
|
The above calculations will be computed at the rate per square
yard of pavement used in determining the amount of the developer's
escrow deposit. Amount to be paid into special escrow will be assessed
based on one hundred (100) foot minimum intervals.
|
(d)
At such time as control of the homeowners' association is assumed
by the property owners and upon receipt of a written request from
the association, the County Council shall pay the funds it has held
in the special escrow to the homeowners' association or to such organization
as the association may designate.
(e)
Holes from the core samples shall be filled with non-shrink
grout.
2.
Stormwater system.
a.
Provide an engineer's certification that the storm sewers have been
installed in accordance with the approved improvement plans.
b.
In lieu of an engineer's certification, provide as-built drawings
from a professional acceptable to the Planning Division that illustrate
the location of the stormwater system relative to established easements
and the location and elevations of stormwater structures.
3.
Sanitary sewers and water lines.
a.
Provide an engineer's certification that sanitary sewers and water
lines have been installed in accordance with the approved improvement
plans.
b.
In lieu of an engineer's certification, provide as-built drawings
from a professional acceptable to the Planning Division that illustrate
the location of the sanitary sewer and water system relative to established
easements and the location and elevations of structures.
c.
For developments where a private or public sewer or water district
will be maintaining and taking ownership of the system, provide an
acceptance/approval letter from such district.
4.
Miscellaneous improvements. Completion of all other
improvements, including entrance monuments, street signs, sidewalks,
common ground improvements, fencing, landscaping, etc., shall be determined
by visual inspection by Jefferson County personnel.
[Zoning Order §16.600, 4-2-2008]
A.
Where
improvement plans or site development plans provide for installation
of improvements that require maintenance, supervision or operation
and the ownership is not transferred to a municipal corporation, a
private agency or a utility, the deed of restrictions or covenants
for the development shall make provisions for a continuing legal body
(property/homeowners' association) with authority to set and collect
reasonable charges.
B.
Maintenance
and supervision requirements for one- and two-family residential subdivisions
are found in Section 400.5680(6).
[Zoning Order §16.610, 4-2-2008]
A.
Subdividers
shall form or cause to have formed a property owners' association
in accordance with the following standards.
1.
Recordation. The association shall be established
in recorded subdivision restrictions before any lot within the subdivision
is sold.
2.
Membership. Membership in the property owners' association
shall be mandatory for each owner of real property within the subdivision.
3.
Responsibilities. Common open space, subdivision
entrance structures, stormwater system or recreational ground that
is reflected on a final plat, must be owned and maintained by the
property owners' association. If the property owners' association
proposes to change the area of common ground, approval must be granted
by the County. The property owners' association shall be responsible
for payment of property taxes, if any, on and maintenance of all common
open space areas and facilities, maintenance of liability insurance
and other related duties of ownership.
4.
Establishment of property owners' association. The
subdivider shall file a declaration of restrictions and a declaration
of property owners' association with the final plat when approval
is sought, setting forth the above condition and other features of
the property owners' association. The subdivider shall supply to the
Planning Division a copy of the articles of incorporation or articles
of organization and a complete set of the bylaws of the property owners'
association. The declaration of restrictions and declaration of property
owners' association shall, at a minimum, regulate the following:
5.
Transfer of control of the association.
a.
Developer shall orderly transfer control of the association no later
than ninety (90) days after the sale of ninety-five percent (95%)
of the units/lots in the development where there is a professional
management company for the development or eighty percent (80%) of
the units/lots in the development where there is not a professional
management company, whichever is earlier; provided however, the developer
may transfer control of the association at an earlier date.
b.
Before the deadline, the developer shall send out notice to hold
a meeting of all property owners to elect a board. The notice shall
be sent out announcing the time, place and purpose of the meeting,
at least fifteen (15) days in advance. Once the board is elected,
the developer shall officially transfer the control of the property
owners' association to the board at the meeting. The records and monies
shall be transferred over, though not necessarily at the meeting itself,
no later than ninety (90) days after the meeting.
6.
Where subdivision improvement plans provide for installation of improvements,
including sewer lines, sewage treatment plants, water supply systems,
streets or other physical facilities that require maintenance, supervision
or operation and the maintenance of those facilities is not transferred
to a private agency or a utility, the declarations and restrictions
shall make provision for a property owners' association with authority
to:
a.
Make charges on a continuing basis for the upkeep, maintenance and
operation of the improvements; and
b.
Set reasonable charges thereof, with a minimum of three hundred dollars
($300.00) annually per lot.
c.
Where the proposed subdivision relies upon utilization of a private
access located outside the proposed subdivision, the maintenance fee
shall also provide for a contribution to an existing Board of Trustees
equal to the proportional use of the access based on the number of
housing units served.
7.
The declaration of restrictions and declaration of property owners'
association shall be recorded along with the final plat.
8.
A copy of the recorded set of covenants and restrictions for the
development must be submitted to the Planning Division prior to the
issuance of a building permit.
9.
If a subdivision plat includes construction of a landscaped decorative
entryway, islands, statuary or other aesthetically oriented theme
or identity amenities that are to be located within a dedicated right-of-way,
the property owners' association shall be specifically charged with
the responsibility for perpetual maintenance of such areas. This shall
not apply to landscaping within the median strip of County or State-maintained
streets.
10.
In the event a property owners' association established to own or
maintain common open space or any successor association shall, at
any time after development of a residential subdivision, fail to maintain
the common open space in reasonable order and condition, the Director
may serve written notice upon such association setting forth the manner
in which the association has failed to maintain the common open space
and said notice shall include a demand that such deficiencies of maintenance
be corrected within thirty (30) days thereof and shall state the date
and place of a public hearing before the County Council which shall
be held within fourteen (14) days of said notice. At such public hearing,
the County Council may modify the terms of the original notice as
to the deficiencies and may give an extension of time within which
they shall be corrected. If the deficiencies set forth in the original
notice or in the deviation thereof are not corrected within said thirty
(30) days or any extension thereof, the County Council, in order to
preserve the taxable values of properties within the residential subdivision
and to prevent the common open space from becoming a public nuisance,
may authorize appropriate County employees to enter upon said common
open space and maintain the same for a period of one (1) year. Said
entry and maintenance shall not vest in the public any rights to use
the common open space.
11.
Before expiration of said year, the County Council shall, upon its
own initiative or upon request of the property owners' association
therefore responsible for maintenance of the common open space, call
a public hearing upon notice to such association or to residents of
the residential subdivision, at which public hearing the County Council
shall decide whether or not such maintenance by the County should
continue for a succeeding year. If the County Council shall determine
that such association is not ready and able to maintain the common
open space in reasonable condition and order, the County Council may,
in its discretion, continue to maintain the common open space during
the succeeding year and, subject to a similar public hearing and determination,
in each year thereafter.
