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HomeMy Public PortalAboutORD09109 a� BILL N0. INTRODUCED BY COUNCILMEN ORDINANCE NO. AN ORDINANCE REGULATING THE SUBDIVISION OR RESUBDIVISION OF LANDS INTO LOTS, PLOTS, OR BUILDING SITES: PROVIDING FOR SUBMISSION AND APPROVAL OF MAPS OR PLATS FOR SUCH SUBDIVISION OR RESUBDIVISION: PROVIDING FOR CERTAIN MINIMUM IMPROVEMENTS: PROVIDIING FOR THE ENFORCEMENT OF THE REGULATIONS HEREIN SET UP: PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND RE- PEALING ORDINANCE NO. 7978, 8097 AND 8884 OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. 0. Title. Sections 1. 0 through 19. 0 shall be known and cited as the "Subdivision Code of the City of Jeffer- son, Missouri " . SECTION 2. 0. Definitions. As used in Sections 1. 0 through 19. 0 , the following words, terms and phrases shall have the following meanings: 2 .1 Alleys. Minor ways which are used primarily for vehicular service access to the back or side of properties abutting on a street. 2.2 Building Line. A line or lines on a plat designating the area adjacent to the street right-of-way in- side of which no building or structure may be erected. 2. 3 Building Official. The Director of Code Enforce- ment of the City or his authorized representative. 2.4 City. The City of Jefferson, Missouri, a municipal corporation which, territorially, shall include all land within the corporate limits of the City as such limits now exist or may, from time to time, be ex- tended or retracted. 2.5 City Council.. The governing body of the City. ® 2. 6 Commission. The Planning and Zoning Commission of the City. 2. 7 Director of Planning. The Director of Planning of the City of Jefferson, or his authorized representa- tive. 2. 8 Director of Public Works. The Director of Public Works of the City, or his authorized representative. 2. 9 Easement. A grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes. 2. 10 May. An action which is permissive. 2.11 Monuments. 2.11.1 Lot Corners. An iron pipe not less than 1" outside diameter or a reinforcing bar not less than 1/2" in diameter and not less than 30" in length set not less than 24" in the ground. I 2. 11. 2 Control Points. An iron pipe or rein- forcing bar as described in Section 2. 11. 1 set in concrete 4" in diameter and 12" in depth, or a 4" X 4" concrete { post set not less than 24" in the ground ' with the top of the post adequately marked to define the control point. A permanent pavement marker acceptable to the Director of Public Works may be utilized to define the centerline of right-of-way at the control points in lieu of the above des- cribed monuments. 2. 12 Owner. An individual, firm, association, co-partner- ship, corporation or syndicate, or agent of any of them, having sufficient proprietary interest in any land sought to be subdivided to commence and maintain proceedings to subdivide land under the provisions of Section 1. 0 through 19. 0. 2. 13 Plat. An accurate drawing or map of the land pro- posed to be subdivided. 2. 13. 1 Sketch Plat. A drawing of the proposed subdivision, not necessarily to scale, but indicating general topographic fea- tures and the general layout of the pro- is posed subdivision, according to the re- quirements of Section 6. 0. 2. 13. 2 Preliminary Plat. The preliminary map indicating the proposed layout of the total subdivision, so designated on the plat and meeting the requirements of Section 7.0 of this ordinance. 2. 13. 3 Final Plat. The final map of all or a por- tion of the subdivision, so designated on the plat and meeting the requirements of Section 8. 0 of this ordinance and prepared for official recording with the Recorder of Deeds of Cole County, Missouri. 2. 14 Streets. 2.14. 1 Arterial Street. A roadway used primarily for fast or heavy traffic, including all streets designated as major, thoroughfares, freeways, etc. 2.14 . 2 Collector Streets. A street used to carry traffic from residential streets to arterial streets and/or highways. 2.14 . 3 Residential Streets. A street used pri- marily for access to abutting property. 2. 15 Subdivision. The division of land into two (2) or more smaller lots, tracts or parcels for the purpose of building development or transfer of ownership, and/or the dedication or establishment of a public street or roadway. Subdivisions shall be further classified as follows: 2. 15. 1 Minor Subdivision. Any subdivision not containing more than five (5) lots and not involving any new street or roadway. 2. 15. 2 Major Subdivision. Any subdivision not classified as a minor subdivision. The term "subdivision" shall include re- subdivision and, when appropriate to the context, shall relate to the process of subdividing or the land subdivided. 2 - i The term "subdivision" shall not include the division of land into two (2) parcels, j! each of which is not less than five (5) acres. 2. 16 Shall. An action which is mandatory. SECTION 3. 0. Use of Una roved Plat in Sale of Land. No � PP owner, or agent of the owner, of any land located within the City of Jefferson, knowingly or with intent to defraud, may trans- fer, sell, agree to sell, or negotiate to sell that land by re- ference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Council and recorded in the office of the Recorder of Deeds of Cole County. Any person violating the provisions of this section shall for- feit and pay to the City of Jefferson, a penalty not to exceed three hundred ($300. 00) dollars for each lot transferred or sold or agreed to negotiate to be sold; and the description of metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The City of Jefferson may enjoin or vacate the transfer or sale or agree- ment by legal action, and may recover the penalty' in such action. The provision of this ordinance requiring preparation and submission of a subdivision plat shall not apply to the sale of all or a part of a recorded lot of record provided that not more than one additional building lot is being created and not in- volving any new streets. The City Building Official shall not issue a building per- mit for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein. SECTION 4 . 0. Large Area Subdivision; General Plan. A subdivision may be developed in separate tracts or sections which shall be successively numbered and identified under the name of the subdivision as Section or Tract One, Two, Three, etc. In such instance, the owner shall cause to be prepared by a registered surveyor a general plan of the entire sub- division showing the approximate location of all arterial streets and/or highways, collector streets, and the public sani- tary sewer and storm sewer drainage facilities contemplated and reasonably required to serve the entire subdivision. When a general plan of the subdivision is required, the owner shall cause seven (7) prints thereof to be filed with ® the Director of Planning at the same time the preliminary plat of the first section or tract is filed. The Director of Plan- ning shall. distribute the copies of the general plan in the manner and at the time provided in Section 7. 2. SECTION 5. 0. Filing Fees. The following schedule of fees is hereby adopted; such fees are to be paid by all persons or corporations submitting preliminary plats for approval by the Commission and shall be computed to the nearest dollar. FOR SINGLE-FAMILY RESIDENTIAL SUBDIVISIONS Basic Fee Plus a Fee per lot of $25. 00 $2. 00 FOR MULTIPLE-FAMILY RESIDENTIAL SUBDIVISIONS Basic Fee Plus a Fee per dwelling unit of $50. 00 $1. 00 • FOR COMMERCIAL AND INDUSTRIAL SUBDIVISIONS Basic Fee Plus a Fee per acre of $50. 00 $2. 00 Maximum Fee: $300. 00 3 - i( {I j� This fee shall be paid at the time the preliminary plat is {� submitted to the Office of Planning and shall apply to the re- view of a preliminary sketch plat and review of the preliminary �! plat, improvement plans and final plat, provided that the final plat includes the same area to be subdivided as the preliminary plat. til SECTION 6. 0 . Sketch Plat; Contents and Submission Pro- cedure. 6.1 Contents. Data furnished in a sketch plat for a subdivision shall be as follows: 6 . 1. 1 Tract boundaries 6.1. 2 North point 6. 1. 3 The name of the proposed subdivision and the owner 6. 1. 4 All existing streets and roads, streams, and structures within the proposed sub- division and within 200 feet therefrom 6.1. 5 Significant topographical or physical fea- tures as may be necessary or required by the Director of Public Works 6.1. 6 Proposed general street and sewer layout 6.1.7 Proposed general lot layout 6 . 2 Submission Procedure. Each developer shall submit to the Director of Planning two (2) copies of a sketch plat as described in Section 6.1 for the pro- posed subdivision. Such sketch plat will be con- sidered as submittal for informal discussion be- tween the Director of Planning and the Director of Public Works. As far as may be practical on the basis of the sketch plat, the subdivider will be informally advised of the extent 'Uo which the pro- posed subdivision conforms to the requirements of this ordinance. When the sketch plat being sub- mitted is classified as a minor subdivision, the owner may bypass the preliminary plat procedure and submit a final plat as outlined in Section 8 . 0. SECTION 7 . 0 . Preliminary Plat; Contents and Submission Procedure. An owner who intends to subdivide land into lots for the purpose of sale and/or development or to dedicate land for streets, alleys, parks or other public use, shall have pre- pared by a registered surveyor a preliminary plat of the land within the subdivision, or the section or tract thereof to be developed first prior to developing the land. As additional sections or tracts of the subdivision are desired to be developed, a preliminary plat of each section or tract shall be filed and all of the provisions of Sections 1. 0 through 19.0 shall be observed. 7.1 Contents . The preliminary plat shall be drawn to scale of not more than 100 feet to the inch and shall show, or be accompanied by, the following information: 7 . 1. 1 The north point and scale 7. 1. 2 The location of all existing property lines , adjoining streets and alleys, water courses, storm sewers , water mains, gas mains, cul- verts or other underground structures, and all existing or porposed easements and other existing pertinent features within the area to be subdivided. ti - 4 7. 1. 3 The name of all adjoining subdivision. i� j� 7. 1. 4 The proposed lot layout, location width and approximate grade of all streets and alleys and the zoning district or districts in which the land to be subdivided is loca- ted according to the current zoning map of the City. 7. 1. 5 The title under which the subdivision is to be recorded, the name of the owners of same, including the names of the officers of any corporate owner, and the name of the regis- tered surveyor platting the tract of land to be subdivided. 7. 1. 6 A partial map of the City at a scale of 1" = 400 ' , upon which shall be sketched the correct location of the proposed subdivi- sion, its boundaries and street and lot layout. 7. 1. 7 Contours shall be required for the proposed layout and shall be on a interval. of not more than five (5' ) feet where ground slope is regular and such information is suffi- cient for planning purposes or on a inter- val of not more than two (21 ) feet where land is irregular or there is a need for more detailed data. 7.1. 8 The location and direction of drainage of all water courses and natural drainage chan- nels, including acreage of water shed drain- age into each storm drain structure. 7.1. 9 The proposed location of sanitary sewers. 7. 1. 10 All proposed public areas. 7.1. 11 Each street identified by its proposed street name. 7. 2 Submission Procedure. 7 . 2.1 The owner shall submit seven (7) prints of the preliminary plat to the office of Plan- ning fourteen (14) days before the meeting at which approval is requested. One print shall be transmitted to the Director of Public Works, and five prints referred to the Planning and Zoning Commission for further study, investigation and recommen- dation. 7 . 2. 2 The Commission shall review the preliminary plat and notify the owner of the date, -time and place of the meeting of the Commission and the owner may appear and be heard. 7. 2 . 3 Within forty-five (45) days, or such addi- tional period of time as the owner consents to in writing, from receipt of the plat by its Chairman, the Commission shall act upon the plat and approve, conditionally approve or disapprove same. 7. 2.4 If the Commission conditionally approves the plat, it shall state in writing any revi- sions, modifications, additions or deletions • required of the owner by the statutes of Missouri and/or Sections 1. 0 through 6. 1 before a final plat may be approved. Such revisions, modifications, additions or de- letions to the preliminary plat may relate: (a) to the width and/or alignment of ` streets, (b) to the type, capacity and - 5 - location of sanitary sewer and/or storm sewer facilities, (c) to the location and capacity of all public utility faci- lities , (d) to the location, width and f purpose of easements appearing on the pre- liminary plat or required by the City for public use, (e) lot sizes and/or lot layout, and (f) to such other matters as, in the opinion of the Commission, may be in the public interest. 7. 2. 5 The Commission shall submit a written re- port of its action on the plat to the owner and the City Council along with a copy of the Plat, indicating necessary revisions or modifications. If the owner is aggrieved with the commission' s report, the owner may appeal therefrom to the City Council by filing a notice of appeal with the City Clerk and the Chairman of the Commission within ten (10) days from the date thereof. Within fifteen (15) days of the filing of a appeal or at the next regular scheduled Council meeting, the Council shall conduct a public hearing on the issues in contro- versy. The clerk shall give the owner and the Chairman of the Commission at least five (5) days ' notice of the time and place of the hearing. At the first Council meeting following the public hearing, the Council shall declare its findings in writing, and enter its order approving, modifying or rejecting the re- port of the Commission. If the Commission fails to act on the pre- liminary plat within sixty (60) days, or within such additional time as the owner consents to in writing, the plat shall be considered approved and the City Clerk shall certify the approval of the Commission on the plat. Approval of the preliminary plat shall auth- orize the owner to prepare the final plat and complete engineering designs, subject to the provisiions of Section 8. 0, but such approval shall not constitute an approval of the plat for purposes of recordation, or for the sale and/or development of any tract or parcel of land within the area represented by the preliminary plat. SECTION 8. 0 Final Plat, Contents, Submission Procedure. 8. 1 Contents. A final plat of the subdivision, or sec- tion or tract thereof, shall be drawn on a sheet 24" X 36" , to a scale of not more than 100 feet to the inch and shall contain, or be accompanied by, the following information: 8. 1.1 The title under which the land is to be re- corded; if the plat is of a section or tract of a subdivision, the identification by section or tract number. 8. 1.2 The name of the owner or owners of the land platted and, if the owner is a coporation, the names of the officers thereof. 8. 1. 3 The name and registration number of the sur- veyor, registered in Missouri, who pre- pared the plat. 6 - 8. 1. 4 The classification of all land platted by zoning district classifications according to the current zoning map of the City. 8. 1. 5 The north point and scale. 8. 1. 6 The exterior boundaries of the land platted. 8.1. 7 A partial map of the City at a scale of 1" _ 400 ' , upon which shall be sketched the cor- rect location of the proposed subdivision, its boundaries and street and lot layout. 8. 1. 8 The right-of-way width of all streets. 8 .1. 9 The location of proposed public sidewalks, if any. 8.1. 10 The location of existing buildings on the land platted. 8.1.11 The boundaries of all areas to be dedicated to public use, and the manner in which the I areas are to be used. 8.1.12 The right-of-way width and names of all streets on land adjoining the land shown on the plat. ® 8.1.13 In the event there are branching streets or alleys on the plat, the angle of departure from one street or alley to another except where the angle of departure is either 90 degrees or 180 degrees. 3.1. 14 The dimensions of the lots, and the numbers (letters in resubdivisions) of all lots on the plat. 8.1.15 The location of all building lines. 8.1.16 The location and dimension; of all utility easements, if any, on the plat. 8.1.17 All linear and angular dimensions necessary to locate the boundaries on the plat in re- lation to a section or quarter-quarter corner or line, or an established inlot or outlot line. 8.1. 18 All linear and angular dimensions of all streets, alleys, lots, utility easements, sanitary sewer and surface water drainage easements, or other areas on the plat, and such linear dimensions shall be expressed in feet and decimals of a foot. 8. 1. 19 All radii, arcs, and chords, points and tan- gency and central angles for all curves and rounded corners on the plat. 8.1.20 The location and description of all monument and all street, alley, lots or other area corners, intersections and all perimeter cor ner or angle points shall be marked with a suitable, durable monument as defined in Section 2. 11. 8. 1.21 The form for dedication to public use of areas identified as right-of-way for streets alleys, boulevards, drives , roadways of any kind, parkways, parks, sanitary sewer ease- ments, surface water easements, and public utility easements, and all other areas in- tended for public use, with appropriate spaces for the signatures of the owner or owners, trustees, mortgagee or mortgagees, if any, of the land platted. 7 - fl 8.1. 22 All restrictive covenants appearing upon and applying to any lots on the final plat shall be signed by the owner or owners, trustee, and mortgagee or mortgagees , if any, of the lots. 8. 1.23 A form for the approval of the Director of ® Planning, the Director of Public Works, and the Mayor of the City of Jefferson, Missouri and certification by the City Clerk. 8. 2 Submission Procedure. 8. 2. 1 Within six months, or within such additional time as the owner in writing may request and the Commission may allow, from the date of approval or conditional approval of the preliminary plat of a subdivision, or sec- tion or tract thereof, the owner shall cause to be prepared by a registered surveyor and submit to the office of Planning, five (5) prints of the final plat thereof to be referred to the Commission for their review and recommendations. 8.2.2 If the owner fails to file with the Commis- sion the final plat within the time mention- ed in Section 8.2.1, the Commission shall, by written report, vacate and set aside its previous report approving the preliminary plat, and a copy of such report shall be sent to the owner and the City Council. The report shall be final and unappealable. 8.2. 3 The submission of the final plat shall be accompanied by five (5) prints of the pro- posed design of all streets, sanitary and storm sewers, sidewalks, and any other necessary appurtenances, drawn to a scale of not more than 50 feet to the inch hori- zontal and 10 feet to the inch vertical and as per specifications for street and sewer improvements on file in the Department of Public Works. 8. 2.4 At the next regular scheduled meeting, the Commission shall review the final plat and design plans, and notify the owner of the date, time and place of the meeting of the Commission and the owner may appear and be heard. 8.2. 5 Within forty-five (45) days or such addi- tional time as the owner consents to in writing, from receipt of the plat and de- sign plans by its Chairman, the Commission shall act upon the plat and plans and approv , conditionally approve or disapprove same. 8. 2. 6 The Commission shall submit a written report of its action on the final plat and design plans to the owner and the City Council along with a copy of the plat indicating any necessary revisions or modifications. The owner shall be entitled to appeal the Commission report to the City Council in the manner prescribed in Section 7. 2. 5. 8. 2.7 If the Commission approves the final plat, ® it shall endorse its approval on the five (5) prints thereof, retain one print and transmit one print to the owner and three (3) prints to the City Council. In addi- tion, the owner shall furnish the Director of Planning the original tracing and a re- producible copy of the final plat as approve . The tracing shall be transmitted to the Re- corder of Deeds when all the necessary signs ` tures have been affixed. - 8 - IC '1 t• SECTION 9 . 0 Construction of Improvements. 9. 1 All sanitary sewers and appurtenances and storm i� sewers in the section being developed shall be con- structed according to the standards and specifications of the City on file in the office of the Director of Public Works. 9. 2 Utility services shall be installed under the proposed streets prior to paving where subsurface conditions prevent pushing of service under the completed pave- ment. Sewer laterals shall also be stubbed in prior to street paving if the sewer main is located on street right-of-way. All such service connections shall be extended at least two (21 ) feet beyond the edge of pavement and shall be adequately referenced and marked for future use. All such services shall be installed in accordance with applicable codes and ordinances. 9. 3 Streets and alleys shall be constructed as prescribed in Section 11. 0. Building permits may be issued prior to the paving of streets; however, occupancy permits will not be issued prior to the continuous extension of these improvements to include the lots being developed. When a residence is completed dur- ing the non-paving season, a cash escrow may be post- ed in lieu of the street paving providing a temporary granular driving surface is provided to the residence. 9. 4 Upon the completion of street paving, the contractor shall request in writing acceptance of the street by the Department of Public Works for maintenance. For- mal written acceptance of streets by the Department of Public Works shall be required prior to the installa- tion of street signs and street lights. 9 . 5 Monuments as described in Section 2. 11 shall be in- stalled and adequately referenced to facilitate future replacement. Control point monument locations shall be verified and/or re-established after street paving has been completed and prior to acceptance of the street for maintenance by the City. c 9. 6 The developer shall be held responsible for any and j all defective workmanship for a period of one year from the date of the acceptance of the improvements described therein. 9.7 The developer shall be required to provide or cause to be provided adequate fire hydrants for fire protection in the subdivision. Fire hydrants shall be placed in intervals of not more than 600 feet along all sub- division streets and shall be installed at the same time as the water mains are installed. SECTION 10. 0 Streets and alleys; General Provisions. 10.1 All subdivision streets shall be arranged to provide for the continuation of existing streets in adjoin- ing subdivisions and, to the extent possible, the anticipated projections of streets through adjoining unsubdivided or undeveloped property to allow for convenient movement of vehicular traffic and the orderly development of adjoining property and shall adhere to the Master Street Plan where applicable. 10. 2 Each lot containing an area of less than three (3) acres shall front upon a publicly dedicated street acceptable by the City. The number of lots, each . containing an area of more than three (3) acres, shall be limited in any one subdivision and may be approved by the Commission based on unusual circum- stances or conditions. 9 10. 3 When a new subdivision adjoins undivided lands , sus- ceptible to being subdivided, the new streets shall be carried to the boundaries of the tracts proposed j to be subdivided at a later date and a temporary �} !� cul-de-sac shall be installed at this point. 10. 4 Permanently designed dead end cul-de-sac streets shal not be longer than eight hundred (800 ' ) feet and shal ibe provided with a turn-around at the closed end. ! 10. 5 The minimum length of a block shall be three hundred (300' ) feet; the maximum length of blocks shall be one thousand (1000 ' ) feet. Blocks shall be wide enough to allow two tiers of lots except where pre- vented by topographical conditions, in which case the Commission may alter the size. 10.6 Streets shall intersect one another at as near a right angle as possible and no intersection angle shall depart from a right angle more than 200 . Resi- dential street intersections shall be rounded with a radius of twenty (201 ) feet for right angle inter- sections. All other intersections radii shall be as approved by the Director of Public Works. 10.7 All streets in exact or approximate alignment with existing named streets shall bear the names of such existing named streets. All other streets shall be assigned names which do not conflict with names of existing streets. Postal addresses for each lot shall be assigned by the Director of Planning. 10.8 Whenever there exists a platted half street or half alley adjacent to land platted for a subdivision, the remaining half of the street or alley shall be pro- vided for on the plat of the subdivision. 10. 9 Utility easements for distribution systems shall be located as deemed necessary by the Commission after recommendations have been received from the Director of Planning and Director of Public Works. The width of utility easements shall be as determined by the Director of Public Works but in no event shall it be i less than ten (101 ) feet. SECTION 11. 0 Streets and Alleys; Rights-of-way, Design. 11. 1 The widths of right-of-way for streets and alleys and the improved width of roadways within such rights- of-way, unless modified by the Commission because of unusual conditions or circumstances, are established as follows: 11. 1.1 Arterial Streets. The right-of.-way shall b at least eighty (80 ' ) feet wide and the im- proved roadway shall be at least forty-four (44 ' ) feet wide (face-to-face of curb) . 11.1. 2 Collector Streets. The right-of-way shall be at least sixty (601 ) feet wide and the improved roadway shall be at least thirty- six (36 ' ) feet wide (face-to-face of curb) . 11.1. 3 Residential Streets. The right-of-way for a residential street shall be at least sixty (60 ' ) feet wide and the improved roadway shall be at least thirty-two (321 ) feet wide (face-to-face of curb) . Cul-de-sacs shall have a minimum right-of-way radius of fifty (50 ' ) feet and a!minimum paved area radius of forty (401 ) feet (face-to--face of curb) . 11.1. 4 Alleys. The right-of-way for an alley shal eb at least twenty-four (241 ) feet wide and the improved roadway shall be at least twent j (20' ) feet. w. - 10 - 11. 2 The minimum residential street slab thickness shall be 6" Portland Cement concrete or 5" black base with 2" Type "C" asphaltic concrete (Missouri State High- ;' way Specifications) with Portland Cement concrete curb and gutters as per current specifications on file in the office of the Director of Public Works , I� All developers shall be required to meet this mini- mum requirement regardless of the street classifica- tion. Additional design requirements above the mini- mum specified herein shall be the responsibility of the City. SECTION 12. 0 Lot Identification. All lots in original sub- ( divisions shall be numbered consecutively from one through the total number of lots, even though the subdivision may be recorded in sections. In resubdivisions, all lots shall be lettered alphabetically from the letter "A" through the total number of lots. The size of lots shall meet the minimum requirements of the Zoning Ordinance for the area being subdivided and the lots shall be arranged at right angles to street lines or radial to curved street lines, and shall front on a public street. SECTION 13. 0 Variations from Provisions. 13. 1 When the Director of Planning and/or the Director of Public Works determines that in a particular in- stance an owner cannot possibly or practically ob- serve the requirement of any provision or provisions of Sections 1. 0 through 19 . 0 because of the presence of unusual circumstances or conditions, and that the strict application of the requirements of such pro- visions would either prevent, or present a serious obstacle to the formulation of a plat for the rea- sonable use and development of land in subdivision form, he shall make a written recommendation to the Commission that a variation from the requirements of such provisions be permitted and state the facts upon which the recommendation is made. 13. 2 The Commission, upon consideration of the facts pre- sented with the recommendation, may permit the owner to vary from the requirements of such provisions if it determines that the intent of Sections 1. 0 through 19. 0 is not being violated and adjoining property is not materially or adversely affected. SECTION 14. 0 Recordation of Plats. A plat of land within the City shall not be filed and recorded until such plat has been accepted and approved by ordinance. When the approval of the City has been endorsed upon the plat and the plat has been transmitted to the Recorder as out- lined in Section 8. 2. 7, the owner, or the agent thereof, shall have the plat recorded in the office of the Recorder of Deeds in Cole County, Missouri, within thirty (30) days thereof, or the City may enact an ordinance withdrawing its approval and acceptance of such plat. SECTION 15. 0 References. When reference is made in Sec- tion 1. 0 through 19. 0 to any other ordinance of the City, or j any section or sections thereof, or to any statute of Missouri, it the reference shall apply to all amendments and additions to such ordinance, section or sections thereof, or statute. SECTION 16. 0 Unconstitutionality Clause. Should any clause phrase, paragraph, subsection, section or any other provision, or portion thereof, of Sections 1. 0 through 19. 0 be declared in- valid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other portion of such sections as it is expressly declared that the remaining provisions and portion of these sections would have been enacted independently of such invalid portion or portions. SECTION 17.0 Penalty Clause. Any person, association, partnership or corporation who sh-M s -M violate any of the provision of Section 1. 0 through 19. 0 shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be fined not more than One Hundred ($100.00) dollars; each day that a violation exists shall constitute a separate and distinct offense. SECTION 18.0 Repeal_Clause. Ordinance No. 7978 , 8097, and 8884 , of the City are declared to be, and hereby repealed. All other ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed. SECTION 19. 0 Effective Date. Sections 1. 0 through 19.0 shall take effect and be in force from and after its passage and approval. PASSED APPROVED P esident of a ouncil o ATTEST: ' ty Clerk �r f:. :t iY. 12 w