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HomeMy Public PortalAboutORD07978 WA . BILL NO, tJ�I INTRODUCED BY COUNCILMAN: ®r� .s �e �,, ,��'•` � �. /�"� ' ORDINANCE No. 7�� 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 RE-SU13DIVISION: PROVIDING FOR CERTAIN MINIMUM IMPROVEMENTS: PROVIDING FOR THE ENFORCEMENT OF THE REGULATIONS HEREIN SET UP: PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, AND REPEALING ORDINANCE NUMBER 6578 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 trough 18.0 shall be known and cited as the "Subdivision Code of the City of Jefferson, Missouri". SECTION 2.0. Definitions. As used in Sections 1.0 through 18.0, the follow- g 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 inside of which no building or structure may be erected. 2.3 Building Official. The Building Commissioner of the City or his authorized representative. 2.4 City. The City of Jefferson, Missouri, a municipal corpora- tion 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 extended or retracted. 2.5 City Council. The governing body of the City. 2. 6 Commission. The Planning & Zoning Commission of the City. 2.7 Director of Public Works. The Director of Public Works of the City, or his authorized representative. 2.8 Eagement. A grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes. 2.9 Na An action which is permissive. 2. 10 Monuments. 2. 10. 1. Lot Corners. An iron pipe not less than 1" outside diameter or a reinforcing bar not less than 3/4" in diameter and not less than 30" in length set not less than 24" in the ground. 2. 10.2 Control Points. An iron Pipe or reinforcing bar as described in Section 2. 10. 1 set in concrete 41" in i w 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 accept- able 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 described monu- ments. 2. 11 Owner. An individual, firm, association, co-partnership, corporation or syndicate, or agent of any of them, having sufficient proprietary interest in any land sought to be sub- divided to commence and maintain proceedings to subdivide land under the provisions of Sections 1.0 through 18.0. 2. 12 Plat. An accurate drawing or reap of the land proposed to be subdivided. 2. 12. 1 Sketch Plat. A drawing of the proposed subdivision, not necessarily to scale, but indicating general topographic features and the general layout of the proposed sub- division, according to the requirements of Sections 5.0. 2. 12.2 Preliminary Plat. The preliminary map indicating the proposed layout of the total subdivision, so designated on the plat and meeting the requirements of Section 6.0 of this ordinance. 2. 12.3 Final Plat. The final map of all or a portion of the sub- division, so designated on the plat and meeting the re- quirements of Section 7. 0 of this ordinance and prepared for official recording with the Recorder of Deeds of Cole County, Missouri. 2. 13 Streets. 2. 13. 1 Arterial Street. A roadway used primarily for fast or heavy traffic, including all streets designated as major, thoroughfares, freeways, etc. AM 2. 13.2 Collector Street. A street used to carry traffic from residential streets to arterial streets and/or highways. 2. 13 .3 Residential Street. A street used primarily for access to abutting property. 2. 14 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 classi- fied as follows: 2. 14. 1 Minor Subdivision. Any subdivision not containing more than five (5) lots and not involving any new street or roadway. 2. 14.2 Major Subdivision. Any subdivision not classified as a minor subdivision. The terra "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, each of which is not less than five (5) acres. 2, 15 Shall. An action which is mandatory. SECTION 3. 0. Use of Unapproved Plat in Sale of Land. No owner, or agent of the owner, of any land located within the City of Jefferson, knowingly or with in- tent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference 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 forfeit 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 by 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 agreement by legal action, and may recover the penalty in such action. The provision of this ordinance requiring preparation and submission of a sub- division 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 volving any new streets. The City Building official shall not issue a building permit 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 sur- veyor or a registered engineer a general plan of the entire subdivision showing the approximate location of all arterial streets and/or highways, collector streets, and the public sanitary 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 eight (8) prints thereof to be filed with the Director of Public Works at the same time the preliminary plat of the first section or tract is filed. The Director of Public orks shall distribute the copies of the general plan in the manner and at the time ovided in Section 5. 2. SECTION 5.0. Sketch Plat; Contents and Submission Procedure. S. l Contents. Data furnished in a sketch plat for a subdivision shall be as follows 5. 1. 1 Tract boundaries. 5.1.2 North point. 5. 1.3 The name of the proposed subdivision, the owner, and all adjoining property owners as disclosed by the most recent tax records. 5. 1.4 All existing streets and roads, streams, and structures within the proposed subdivision, and within 200 feet therefrom. S. 1.5 Significant topographical or physical features as may be necessary or required by the Director of Public Works. -3- 6 11 . 5. 1. 6 Proposed general street and sewer layout. 5. 1.7 Proposed general lot layout. 5.2 Submission Procedure. Each developer shall submit to the Director of Public Works two (2) copies of a sketch plat as described in Section 5. 1 for the proposed subdivision. Such sketch plat will be considered as submitted for informal discussion between the Director of Public Works and the Building Official. As far as may be practical on the basis of the sketch plat, the subdivider will be informally advised of the extent to which the proposed subdivision conforms to the requirements of this ordinance. When the sketch plat being submitted is classified as a minor subdivision, the owner may bypass the preliminary plat procedure and submit a final plat as outlined in Section 7.0. SECTION 6.0. Preliminary Plat Contents and Submission Procedure. An owner who intends to subdivide land into lots for the purposes of sale and/or develop- ment or to dedicate land for streets, alleys, parks or other public use, shall have prepared by a registered surveyor or a registered engineer 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 pilau of each section or tract shall be filed and all of the provisions of Sections 1. 0 through 18. 0 shall be observed. 6. 1 Contents. The preliminary plat shall be drawn to a scale of not more than 100 feet to the inch and shall show, or be accompanied by, the following information: 6. 1. 1 1 The location of all existing property lines, north points, scale, adjoining streets and alleys, water courses, storm sewers, sanitary sewers, water mains, gas mains, culverts or other underground structures, and all existing or proposed easements and other existing pertinent features within the area to be subdivided and in the adjoining streets or alleys. 6. 1.2 The names of all adjoining subdivisions. 6. 1.3 The proposed lot layout, location and width of all streets and alleys and the zoning district or districts in which the land to be subdivided is located according to the current zoning map of the city. 6. 1.4 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 registered surveyor or registered engineer platting the tract of land to be subdivided. 6. 1.5 A scaled map of the catty, upon which shall be sketched to the scale appearing thereon, the correct location of the proposed subdivision and its boundaries. 6. 1. 6 The location and direction of drainage of all water courses and natural drainage channels. 6. 1.7 The proposed location of sanitary sewers. 6.1.8 All proposed public areas. -4- � h • s 6. 1 .9 Each street identified by its proposed street name. 6.2 Submission Procedure. 6.2. 1 . The owner shall submit eight (8) prints of the pre- liminary plat to the city council. One print shall be transmitted to each of the councilmen representing the ward in which the proposed subdivision is located, one print to the Director of Public Works, and five prints referred to the Planning and Zoning Commission for further study, investigation and recommendation. 6.2.2 At their next regular scheduled meeting, the Com- mission 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. 6.2.3 Within forty-five (45) days, or such additional 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. 6.2.4 If the Commission conditionally approves the plat, it shall state in writing any revisions, modifications, additions or deletions required of the owner by the statutes of Missouri and/or Sections 1. 0 through 5.2 before a final plat may be approved. Such revisions, modifications, additions or deletions to the preliminary plat may relate: (a) to the width and/or alignment of streets, (b) to the type, capacity and location of sanitary sewer and/or storm sewer facilities, (c) to the location and capacity of all public utility facilities, (d) to the location, width and purpose of easements appearing on the preliminary 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 Com- mission, may be in the public interest. 6.2.5 The Commission shall submit a written report 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 Com- mission within ten (10) days from the date thereof. Within fifteen (15) days of the filing of a notice of appeal or at the next regular scheduled council meeting, the council shall conduct a public hearing on the issues in controversy. 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 report of the Commission. If the Commission fails to act on the preliminary plat -5- M � • within sixty (60) drys, 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 authorize the owner to prepare the final plat and complete engineer- ing designs, subject to the provisions of Section 7.0, 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 7. 0. Final Plat, Contents, Submission Procedure. 7. 1 Contents. A final plat of the subdivision, or section or tract thereof, shall be drawn to a scale of not more than 100 feet to the inch and shall contain, or be accompanied by, the following information: 7. 1. 1 The title under which the land is to be recorded; if the plat is of a section or tract of a subdivision, the identification by section or tract number. 7. 1.2 The name of the owner or owners of the land platted and, if the owner is a corporation, the names. of the officers thereof. 7. 1.3 The name and registration number of the surveyor or engineer, registered in Missouri, who prepared the plat. 7. 1.4 The classification of all land platted by zoning district classifications according to the current zoning map of the city. 7. 1.5 The north point and scale. 7. 1.6 The exterior boundaries of the land platted. 7. 1.7 The right-of-way width of all streets and the proposed Improved width of all streets, including the type of street and thickness of pavement. 7. 1.8 The location of proposed public sidewalks. 7. 1.9 The location of existing buildings on the land platted. 7. 1. 10 The boundaries of all areas to be dedicated to public use, and the manner in which the areas are to be used. 7. 1. 11 The width, names and lines of all streets on land ad- Joining the land shown on the plat. 7. 1. 12 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. 7. 1. 13 The dimensions of the lots, and the numbers (letters in resubdivisions) of all lots on the plat. -6- + . Y 7. 1. 14 The location and dimensions of all utility easements if any, on the plat. 7. 1. 15 All linear and angular dimensions necessary to locate the boundaries on the plat in relation to a section or quarter.-section corner or line, or an established inlot or outlot line. 7. 1. 16 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. 7. 1. 17 All radii, arcs and chords, points and tangency and central angles for all curves and rounded corners on the plat. 7. 1. 18 The location and description of all monuments, and all street, alley, lots or other area corners, inter- sections and all perimeter corner or angle points shall be marked with a suitable, durable monument as defined in Section 2. 10. 7. 1. 13 The form for dedication to public use of areas identi- fied as right-of-way for streets, alleys, boulevards, drives, roadways of any kind, parkways, parks, sanitary sewer easements, 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, trustee, mortgagee or mortgagees, if any, of the land platted. 7. 1.20 All restrictive covenants appearing upon and applying to any lots on the final (slat shall be signed by the owner or owners, trustee, and mortgagee or mortgagees, if any, of the lots. 7. 1.21 A form for the approval of the Director of public Works, the Planning and Zoning Commission, and the Mayor of the City of Jefferson, Missouri, and certification by the City Clerk. 7.2 Submission Procedure. 7.2. 1 Within six months, or within such additional time as the owner in writing may request and the Commissi on may allow, fraim the date of approval or conditional approval of the preliminary plat of a subdivision, or section or tract thereof, the owner shall cause to be prepared by a registered surveyor or registered pro- fessional engineer and submit to the City Council five (S) prints of the final plat thereof to be referred to the Commission for their review and recommendation. 7.2.2 If the owner fails to file with the Commission the final plat within the time mentioned in Section 7.2. 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 -7- 4 and the city countil. The report shall be final and unappealable. 7.2.3 The submission of the final plat shall be accompanied by five (5) prints of the proposed design of all streets, sanitary and storm sewers, sidewalks, and any other necessary appurtenances, drawn to a scale of 50 feet to the inch horizontal and 10 feet to the inch vertical. 7.2.4 At their 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. 7.2.5 Within forty-five (45) days orrsuch additional time as the owner consents to in writing, from receipt of the plat and design plans by its Chairman, the Commission shall act upon the plat and plans and approve, con- ditionally approve or disapprove same. 7.2. 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 countil in the manner prescribed in Section 6.2.5 . 7.2.7 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 addition, the owner shall furnish the Director of Public Works the original tracing and a reproducible copy of the final plat as approved. The tracing shall be trans- mitted to the Recorder of Deeds when all the necessary signatures have been affixed. SECTION 8.0 Construction of Improvements. 8. 1 All sanitary sewers and appurtenances and storm 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. Storm sewers shall be installed where required capacities are 30" diameter or less. Channel paving shall be required for equivalent pipe capacities of greater than 30" up to 48" diameter, or in unusual circumstances. 8.2 Utility services shall be installed under the proposed streets prior to paving where subsurface conditions pre- vent pushing of services under the completed pavement. 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 (2) 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. 8.3 Streets and alleys .shall be constructed as prescribed p ' v s In Section 10. 0. Building permits may be issued prior to the paving of streets and sidewalks; however, occu- pancy permits will not be issued prior to the continuous extension of these improvements to include the lots being developed, When a residence is completed during the non-paving season, a cash escrow may be posted in lieu of the street and sidewalk paving providing a tem- porary granular driving surface is provided to the residence. 8.4 Sidewalks shall be constructed on both sides of all streets. 8.5 Upon the completion of street and sidewalk paving, the contractor shall request in writing acceptance of the street by the City for maintenance. Formal acceptance of streets by the City shall be required prior to the in- stallation of street signs, lights and fire hydrants. 8.6 Monuments as described in Section 2. 10 shall be in- stalled and adequately referenced to facilitate future replacement. Control point monument locations shall be verified and/or re--established after street and side- walk paving has been completed and prior to acceptance Of the street for maintenance by the City. 8.7 The developer shall be held responsible for any and all defective workmanship for a period of one year from the date of the acceptance of the improvements described therein. SECTION 9.0. Streets and alleys General Provisions. 9. 1 All subdivision streets shall be arranged to provide for the continuation of existing streets in adjoining sub- divisions 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 ad- joining property and shall adhere to the Master Street Plan where applicable. 9.2 When anew subdivision adjoins undivided lands, sus- ceptible to being subdivided, the new streets shall be carried to the boundaries of the tracts proposed to be subdivided at a later date and a temporary cul-de-sac shall be installed at this point. 9.3 Permanently designed dead-end or cul-de-sac streets shall not be longer than eight hundred (800) feet and shall be provided with a turn-around at the closed end. 9.4 The minimum length of a block shall be three hundred (300) feet; the maximum length of blocks shall be one i' thousand (1000) feet. Blocks shall be wide enough to allow two tiers of lots except where prevented by topo- graphical conditions, in which case the Commission may alter the size. 9.5 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• Residential street -g- A � intersections shall be rounded with a radius of fifteen (15) feet for right angle intersections. All other inter- sections radii shall be as approved by the Director of Public Works. 9.6 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 Public Works. 9.7 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 provided for on the plat of the subdivision. 9.8 The width of utility easements shall be as determined by the Director of Public Works, but not less than ten (10) feet. SECTION 10.0 -Streets and alleys,- Rights-of-way, Design. 10. 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: 10. 1. 1 Arterial Streets. The right-of-way shall be at least eighty (80) feet wide and the improved roadway shall be at least forty-four (44) feet wide (face-to-face of curb) . 10. 1.2 Collector Streets. The right-of-way shall be at least sixty (60) feet wide and the improved roadway shall be at least thirty-six (36) feet wide (face.-to-face of curb) . 10. 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 (32) feet wide (face-to- face of curb). Cul-de-sacs shall have a mini- right-of-way radius of fifty (5 0) feet and a minimum paved area radius of forty (40) feet ... (face-to-face of curb). 10. 1 .4 Alleys. The right-of-way for an alley shall be at least twenty-four (24) feet wide and the im- proved roadway shall be at least twenty (2 0) feet. 10.2 The minimum residential street slab thickness shall be 6" Portland Cement concrete or 5" black base with 2" Type "C" asphaltic concrete (Missouri State Highway Specifications) with Portland Cement concrete curb and gutters as per current specifications on file in the office of the Director of Public Works . All developers shall be required to meet this minimum requirement regardless of the street classification. Additional design requirements above the minimum specified herein shall be the responsi- bility of the city. -10- V SECTION 11. 0. Lot Identification;, All lots in original subdivisions shall be numbered consecutively from one through the total number of lots, even though the subdivision may be recorded in sections. IV 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 att-tight angles to street lines or radial to curved street Alines, and shall front on a public street. SECTION 12. 0 Variations from Provisions . 12. 1 When the Director of Public Works determines that in a particular instance an owner cannot possibly or practically observe the requirement of any provision or provisions of Sections 1. 0 through 18. 0 because of the presence of unusual circumstances or con- ditions, and that the strict application of the requirements of such provisions would either prevent, or present a serious obstacle to, the formulation of a plat for the reasonable use and development of land in subdivision form, the Director of Public Works 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. 12.2 The Commission, upon consideration of the facts presented with the recommendation, may permit the owner to vary from the re- quirements of such provisions if it determines that the intent of Sections 1. 0 through 18. 0 is not being violated and adjoining property is not materially or adversely affected. SECTION 13.0. Recordation of Plats . A plat of land within the City sha1L 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 outlined in Section 7. 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. 0 SECTION 14. 0 References. When reference is made in Sections 1. 0 through 18.0 to any other ordinance of the city, or any section or sections thereof, or to . any statute of Missouri, the reference shall apply to all amendments and additions to such ordinance, section or sections thereof, or statute. SECTION 15. 0 Unconstitutionality clause._ Should any clause, phrase, para- graph, subsection, section or any other provision, or portion thereof, of Sections 1. 0 through 18. 0 be declared invalid 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 sectionF, would have been enacted independently of such invalid portion or portions. SECTION 16.0 Penalty Clause_ Any person, association, partnership or corporation who shall violate any of the provisions of Sections 1.0 through 18.0 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than One Hundred ($100) Dollars; each day that a violation exists shall constitute a separate and distinct offense. -1i- P w r • M , SECTION 17. 0 Re eel la,use4 Ordinance Number 6578 of the city is declared to be, and it is hereby, repealed. All other ordinances or parts of ordinances in conflict with any of the previsions of this ordinance are hereby repealed. SECTION 18.0. Effective Date. Sections 1.0 through 18. 0 shall take effect and be in force from and after its passage and approval. A&1*9- A JdAf Passed:_ ,e,�� fd _ Approved: President of Mayor Attest: ty Clerk i 5 , w12_ 3 , 1