City of Cabool, MO Chapter 405 Subdivision Regulations

Section 405.010 Title and Purpose.

[R.O. 2011 §405.010; Ord. No. 770 §1, 2-4-2002]

A. Title. This Chapter shall be known, referred to and cited as "The Land Subdivision Code of Cabool Missouri".

B. Purpose. This Chapter is to provide for the coordination of streets within subdivisions with other existing or planned streets or with other features of the Comprehensive Plan of Cabool, Missouri, for minimum requirements of the preliminary and final plats; for minimum standards of physical improvements in new subdivisions; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic for the health, safety and general welfare of the community.

Section 405.020 Definitions.

[R.O. 2011 §405.020; Ord. No. 770 §1, 2-4-2002]

For this purpose, certain words and terms are herewith defined; the singular includes the plural and the plural includes the singular and the word "shall" is mandatory and not directory.

ADMINISTRATIVE OFFICER

A City Official, such as the City Manager, Building Inspector or Zoning Officer who shall be designated by the Mayor with the approval and consent of the Board of Aldermen to act and serve as the official responsible for advising and assisting Planning Commission in the implementation of the subdivision regulations of the City of Cabool, Missouri.

ALLEY

A permanent public service way or right-of-way dedicated to public use, other than a street, place, road, crosswalk or easement, designed to provide a secondary means of access for the special accommodation of abutting property.

BLOCK

A unit of property entirely surrounded by public highways, streets, railroad rights-of-way, waterways or other barriers or combination thereof.

BOARD OF ALDERMEN

The exact name of the official Governing Body of the City of Cabool.

BUILDING LINE

A line on a plat between which line and a street no building or structure may be erected.

CITY ENGINEER

That person officially designated by the Board of Aldermen as the Engineer of the City of Cabool.

CLERK

The exact title of the Clerk officially designated by the Board of Aldermen.

COMPREHENSIVE PLAN

The Comprehensive Plan made and adopted by the Planning Commission indicating the general locations recommended for the streets, parks, public buildings, zoning districts and all other public improvements.

CROSSWALK

A strip of land dedicated to public use which is reserved across a block to provide pedestrian access to adjacent areas.

CUL-DE-SAC

A minor street with only one (1) outlet and culminated by a turnaround.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of storm water sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

MAJOR STREET

A street intended to serve as a major trafficway and designated as a major street in the Comprehensive Plan.

MINOR STREET

A street intended to serve the local needs of an area and not designated as a major street in the Comprehensive Plan.

STREET

A right-of-way, other than an alley, dedicated or otherwise legally established to the public use usually affording the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name. For the purpose of this Chapter, streets shall be classified as follows:

1. Arterial streets are those designated for large volumes of traffic movement between neighborhoods. Certain arterial streets may be classified as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting property.

2. Collector streets are important streets planned to facilitate the collection of traffic from neighborhood streets and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets.

3. Local streets are those designated primarily to provide access to abutting properties.

SUBDIVIDER

Any person responsibly engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this Section.

SUBDIVISION

The division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. The sale or transfer of land of more than one (1) acre is exempted from recording a plat but shall be certified by the City Planning Commission.

TRANSPORTATION PLAN

The part of the Comprehensive Plan, now or hereafter adopted, which includes a street plan and sets forth the location, alignment, dimensions, identification and classification of existing and proposed highways, streets and other thoroughfares.

YARD

A space on the same lot with a building which is open, unoccupied and unobstructed by structures, except as otherwise provided.

ZONING ORDINANCE

An official ordinance and zone map which divides the area within the City of Cabool into districts with regulations and requirements and procedures for the establishment of land use controls.

Section 405.030 Preliminary Considerations.

[R.O. 2011 §405.030; Ord. No. 770 §1, 2-4-2002]

A. In order to make the most of opportunities related to the subdivision and to conserve time, effort and expense, the owner or subdivider shall consult with the Planning Commission and other appropriate City Officials prior to the preparation of the preliminary plat for the new subdivision. The Comprehensive Plan shall be reviewed to determine how the preliminary plat will relate to the Comprehensive Plan. Requirements for streets; schools and recreation sites; community facilities; shopping centers; sanitation; water supply and drainage; and the relationship to other developments existing and proposed in the vicinity shall be determined by the subdivider and the administrative officer in advance of the preparation of the preliminary plat.

B. A conceptual plan checklist shall be completed and signed by the subdivider and the administrative officer.

Section 405.040 Preliminary Plats.

[R.O. 2011 §405.040; Ord. No. 770 §1, 2-4-2002]

A. A subdivider desiring approval of a plat of a subdivision shall complete the application for subdivision therefore to the Planning Commission. Such application shall be accompanied by the information, requirements and plans set forth hereinafter and all preliminary plats submitted shall be prepared by a registered civil engineer all in accordance with the following requirements:

1. Subdividers shall submit for review to the administrative officer subdivision plats as further described herein. Submission of a subdivision preliminary plat shall constitute formal filing of a plot with the City; however, a final plat shall be required in accordance with regulations hereinafter outlined. As far as may be practical on the basis of the plat, the administrative officer will in writing advise the subdivider and City Planning Commission as promptly as possible of the extent to which the proposed subdivision conforms to the design standards herein and will discuss possible modifications, if necessary, to secure conformance. After reaching preliminary conclusions regarding the proposed subdivision as provided, the subdivider shall prepare and submit a preliminary plat, together with any necessary supplementary information, including the completed and signed preliminary plat checklist.

2. Five (5) copies of a preliminary plat, including a vicinity sketch of the proposed subdivision, shall be filed with the administrative officer at least fifteen (15) days prior to a meeting of the City Planning Commission at which consideration is requested.

3. Within thirty (30) days, the Planning Commission shall indicate its approval, disapproval or approval with conditions. If disapproved, the reasons for disapproval shall be stated in writing. If approved with conditions, these conditions shall be stated in writing. In its review the Planning Commission shall submit the proposed plat to the Public Works Department, City Engineering Department, City Building Inspection Department, County Road Department and/or the State Highway Department for consideration and report and may further submit copies of the plat to the State Health Department, school board or any other interested City, County, State or Federal independent agency for consultation and advice. Approval, approval with conditions, or disapproval of the preliminary plat by the Planning Commission shall be noted both on the preliminary plat and Planning Commission records.

4. The approval of the preliminary plat shall lapse unless a final plat based thereon is submitted within one (1) year of such approval, unless an extension of time is applied for and granted by the Planning Commission.

Section 405.050 Requirements for Preliminary Plat.

[R.O. 2011 §405.050; Ord. No. 770 §1, 2-4-2002]

A. A preliminary plat shall be provided by the subdivider and consist of the following:

1. Location map (which may be prepared by indicating the following data on available maps) showing:

a. Boundary line of the proposed subdivision indicated by a solid heavy line and the total approximate acreage involved;

b. Subdivision name and location, specifying United States Geological Survey range and township lines, County and State;

c. Any and all thoroughfares related to the subdivision;

d. Existing elementary and secondary schools, parks and playgrounds available for serving the area proposed to be subdivided and other relevant community facilities;

e. Title, scale, north arrow and date;

f. Title block.

2. Preliminary plat showing:

a. Proposed name of the subdivision and location;

b. Names and addresses of the owner, subdivider, and the Missouri registered professional engineer and Missouri registered land surveyor who prepared the plat;

c. Streets and rights-of-way on and adjoining the site of the proposed subdivision showing the names and including roadway widths, approximate gradients, types and width of pavement, curbs, sidewalks, crosswalks, planting strips and other pertinent data;

d. All lot lines adjacent to and abutting the subdivision;

e. Layouts of lots showing approximate dimensions and numbers;

f. Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes;

g. Easements, existing and proposed, showing locations, widths and purposes. Whenever any stream or important surface drainage course is located in an area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream or drainage course;

h. Building setbacks or front yard lines and dimensions;

i. Location and size of nearest water main, sanitary sewer, storm sewer and other pertinent utilities, including flow capacities and/or pressures;

j. Location, type and approximate size of utilities to be installed;

k. A boundary survey of the tract to be subdivided shall be completed in accordance with the Standards for Property Boundary Surveys adopted by the Missouri Board of Architects, Professional Engineers and Land Surveyors and with the current minimum Standards for Property Boundary Surveys as promulgated by the Missouri Department of Natural Resources;

l. Contours at vertical intervals of two (2) feet. Base elevation information shall be based on the City's bench marks referencing NAVU 88 elevations;

m. Identify the limits and size of the watershed area for storm water runoff entering the subdivision, including the area of subdivision;

n. Location of existing structures;

o. A preliminary outline of the deed restrictions that would be placed upon the subdivision;

p. Landscaping plans and proposed limits on the location and intensity of signs, advertising, and off-street parking shall be included in the case of a proposed subdivision for industrial or commercial use;

q. Scale, north arrow and data. The preliminary plat of the subdivision shall be drawn on mylar film to a scale of fifty (50) feet to one (1) inch or one hundred (100) feet to one (1) inch, provided however, that if the resulting drawing would be over thirty-six (36) inches in the shortest dimension, a scale as recommended by the administrative officer may be used. All drawings are to be prepared and presented on twenty-four (24) inch by thirty-six (36) inch sheets;

r. The zoning district, including delineation of any flood plain areas.

Section 405.060 Relation to Adjoining Street System.

[R.O. 2011 §405.060; Ord. No. 770 §1, 2-4-2002]

The arrangements of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary by the Commission for public requirements. Off-set streets should be avoided. The angle of intersection between minor streets and major streets should not vary by more than ten degrees (10°) from a right angle. Streets obviously in alignment with existing streets shall bear the names of the existing streets. All proposed street names shall be checked against duplication of other street names. The widths and locations of major streets shall conform to the widths and locations designated on the Comprehensive Plan.

Section 405.070 Street Design.

[R.O. 2011 §405.070; Ord. No. 770 §1, 2-4-2002]

A. The street and alley layout shall provide access to all lots and parcels of land within the subdivision. Street jogs of less than one hundred twenty-five (125) feet are not allowed. Cul-de-sacs shall not exceed one thousand five hundred (1,500) feet in length unless necessitated by site topography and approved by the City Engineer.

B. Local or neighborhood streets shall be designed so as to discourage through traffic.

C. Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.

D. Certain proposed streets, where appropriate, as determined by the Planning Commission, shall be extended to the boundary of the tract to be subdivided so as to provide for normal circulation of traffic with adjacent existing or future subdivisions or developed areas.

E. Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley shall be platted to the prescribed width within the proposed subdivision.

F. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the Governing Body under conditions approved by the Planning Commission.

G. The minimum right-of-way of local or neighborhood streets, including marginal-access streets and cul-de-sacs, shall be fifty (50) feet with deed covenants providing the City of Cabool the right to use for streets, sidewalks or utility purposes an additional five (5) feet to right-of-way on either side of the street. All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of one hundred (100) feet under normal conditions or other arrangement for the turning of all vehicles conveniently within the right-of-way.

H. Subdivisions that adjoin or include existing streets that do not conform to the required widths shall dedicate additional right-of-way widths along either or both sides of said street.

I. Streets shall be laid out so as to intersect as nearly at right angles as possible.

J. If the smaller angle of intersection of two (2) streets is less than sixty degrees (60°), the radius of the arc of the intersection of the property lines shall be deemed advisable by the City Engineer and approved by the Planning Commission.

K. Intersection of more than two (2) streets at one (1) point is not allowed.

L. Maximum grades for streets shall be as follows:

1. Arterial streets, not greater than six percent (6%) or approved by the City Engineer and the Planning Commission.

2. Other streets and alleys, not greater than ten percent (10%) or as approved by the City Engineer and the Planning Commission.

M. The minimum grade of any street gutter shall not be less than seventy-five hundredths of one percent (.75%).

N. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of an existing street, unless the proposed street is an extension of or in alignment with an existing street, in which case the duplication shall be mandatory.

O. Dead-end alleys shall be avoided where possible but if unavoidable shall be provided with adequate turnaround facilities at the dead end as determined by the City Engineer and approved by the Planning Commission.

Section 405.080 Design Standards.

[R.O. 2011 §405.080; Ord. No. 770 §1, 2-4-2002]

The following design standards shall be observed:

	Low-Density Area — Over 20,000 Square Foot Per Unit	Medium-Density Area — 7,500 To 20,000 Square Foot Per Unit
For Right-Of-Way
1. Right-of-way width (ft.)	50	50
2. Alley width if provided (ft.)	20	20
3. Easements — total (ft.)	15	15
4. Maximum block length (ft.)	1,500	1,000
For Right-Of-Way
5. Minimum block length (ft.)	500	500
6. Maximum cul-de-sac length (ft.)	1,500	1,000
7. Minimum cul-de-sac radius (ft.)	50	50
For Improvements
8. Pavement width between gutters (ft.)	27	27
9. Maximum grade (%)	Section 405.070(L)	Section 405.070(L)
10. Minimum sight distance (ft.)	150	150
11. Sidewalk width (ft.)	4	4
12. Sidewalk distance from curb (ft.)	6	6
13. Curb and gutter (in.)	18	18
For Lots
14. Minimum building line (ft.)	25	25
15. Minimum lot width at building line (ft.)	85	85
16. Minimum lot depth (ft.)	90	90
17. Maximum lot depth (ft.)	3 times width	3 times width
18. Minimum average lot width for corner lots (ft.)	90	90
19. Radius on corner lots (ft.)	20	20

Section 405.090 Preliminary Plat Approval.

[R.O. 2011 §405.090; Ord. No. 770 §1, 2-4-2002]

After the preliminary plat has been approved by the Planning Commission, it shall be submitted to the City Board of Aldermen for its approval or disapproval. Approval of the preliminary plat by the Board of Aldermen does not constitute an acceptance or approval of the subdivision plat. One (1) copy of the approved preliminary plat, signed by the Mayor, shall be retained in the office of the City Clerk. One (1) signed copy will be given to the subdivider.

Section 405.100 Minimum Improvements Required.

[R.O. 2011 §405.100; Ord. No. 770 §1, 2-4-2002]

A. Receipt of the signed copy of the preliminary plat is authorization for the subdivider to proceed with the preparation of the plans and specifications for the following minimum improvements and with the preparation of the final plat. Prior to the construction of any improvements required or to the submission of a bond in lieu thereon or to the provision for any assessment for such construction, the subdivider shall furnish the City Engineer all plans, information and data necessary to determine the character of said improvements. These plans shall be examined by the City Engineer and will be approved, if in accordance with the requirements of this Section. Following this approval, construction can be started or the amount of a bond determined or an assessment provided for.

B. No final or official plat of any subdivision shall be approved unless:

1. The subdivider agrees with the Board of Aldermen upon assessment whereby the City is put in an assured position to install the improvements listed below at the cost of the owners of property within the subdivision; or

2. The improvements listed below have been installed prior to such approval; or

3. The subdivider files with the Board of Aldermen a surety bond, cashier's check or certified check conditioned to secure the construction of improvements listed below in a satisfactory manner and within a period specified by the Board of Aldermen, such period not to exceed two (2) years. No such bond or check shall be accepted unless it be enforceable by or payable to the City in a sum at least equal to the cost of constructing the improvements as estimated by the City Engineer and in form with surety and conditions as approved by the City Attorney.

Section 405.110 Permanent Markers.

[R.O. 2011 §405.110; Ord. No. 770 §1, 2-4-2002]

A. All subdivision boundary corners and the four (4) corners of all street intersections shall be marked with permanent monuments. A permanent monument shall be deemed to be concrete with a minimum dimension of four (4) inches extending below the front line or steel pipe of at least one (1) inch diameter firmly imbedded in concrete which extends below the frost line. Should conditions prohibit the placing of monuments on the line, off-set marking will be permitted; provided however, that exact off-set courses and distances are shown on the subdivision plat.

B. A permanent bench mark shall be accessibly placed and accurately noted on the subdivision plat, the elevation of such bench mark to be based on the U.S.G.S. data.

Section 405.120 Easements.

[R.O. 2011 §405.120; Ord. No. 770 §1, 2-4-2002]

A. Where alleys are not provided, easements for utilities shall be provided. Such easements shall have a minimum width of fifteen (15) feet and where located along interior lot lines, one-half (½) the width shall be taken from each lot. Before determining the location of easements, the plan shall be discussed with the local utility companies to assure the proper placing for the installation of services. For hillside areas where a cut or fill slope extends beyond the right-of-way of a street, a slope easement shall be provided of sufficient width to permit necessary maintenance of the slope.

B. Whenever a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement which shall be for the purpose of widening, improving or protecting the stream. The width of the drainage easement shall be adequate for any necessary channel relocations and straightening and shall be reviewed by the City Engineer and shall relate as closely as possible to the requirements of the Comprehensive Plan. Parallel streets or parkways may be required in connection therewith.

C. Any easements required for the City to extend utilities to the development will be paid for by developer.

Section 405.130 Topography, Natural Vegetation and Flooding.

[R.O. 2011 §405.130; Ord. No. 770 §1, 2-4-2002]

A. In the subdividing of any land within the jurisdiction, due regard shall be shown for all natural features, such as tree growth, watercourses, or other similar elements which, if preserved, would add attractiveness to the proposed development.

B. The natural topography shall be retained wherever possible in order to reduce excessive runoff onto adjoining property and to avoid extensive regrading of the site.

C. Floor elevations of all buildings shall be carefully studied in relation to existing topography, proposed street grades, existing twelve (12) inch and over caliper trees, and other pertinent site features.

D. Consideration shall be given to varying the setback line required in the zoning district where the subdivision is proposed in order to retain, wherever possible, existing topography, rock formations and large trees.

E. The Commission shall consider withholding approval where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances.

Section 405.140 Public Use Areas.

[R.O. 2011 §405.140; Ord. No. 770 §1, 2-4-2002]

Where sites for parks, schools, playgrounds or other public use areas as shown in the Comprehensive Plan are located within the subdivision area, the Governing Body shall require that such areas be so designated on the final plat. Within one (1) year after the approval of the final plat, the authority having jurisdiction shall acquire the designated land or commence proceedings to acquire it by condemnation, otherwise the owner may make any other permitted use of the site as permitted by the zoning district within which it lies.

Section 405.150 Street and Alley Improvements.

[R.O. 2011 §405.150; Ord. No. 770 §1, 2-4-2002]

A. All street and public ways shall be graded to their full width including side slopes and to the appropriate grade and to be seeded and shall be surfaced to a minimum width of thirty (30) feet back to back of curbs. Alleys shall be surfaced to a minimum width of sixteen (16) feet. The applicable standard specifications of surfacing are as follows:

1. The subdivider shall furnish, haul and spread with a mechanical roller to ninety-five percent (95%) compacting rate surfacing material on the subgrade to an average depth of six (6) inches. The subdivider may at his/her option schedule and contract with the City of Cabool to provide this work at the City's current equipment and manpower rate structures. Equipment rental will be based upon Missouri Department of Transportation's current schedule.

2. After being mechanically compacted and after traffic, the material shall be shaped and ruts filled by blading the roadway as frequently as is necessary to prevent cutting through the surfacing material into the subgrade. Maintenance of the surface shall continue until acceptance is made.

3. Aggregate surfacing shall be gravel (A) or crushed stone (B). The aggregate shall comply with the following requirements:

GRADE	KIND OF MATERIAL	PERCENT PASSING BY WEIGHT SIEVE SIZES
		1"	3/4"	3/8"	No. 4	No. 10	No. 200
A	Gravel	100	80 — 100		*60	10 — 35	0 — 10
B	Crushed stone	100		*65		5 — 25

* indicated maximum permitted.

4. The normal application rate of aggregate surfacing shall be at a minimum compacted depth of six (6) inches. Compaction shall be to ninety-five percent (95%).

5. Such construction shall be subject to inspection and approval by the City Supervisor, Engineer or Superintendent of Streets.

6. After the above requirements have been completed by the subdivider and after a suitable base has been established to support a hard surface street, then the City at its own expense will hard surface the street with a double armor coat. In no circumstance shall the City be responsible for blasting to remove rock.

Section 405.160 Curbs and Gutters.

[R.O. 2011 §405.160; Ord. No. 770 §1, 2-4-2002]

Curbs and gutters shall be constructed at the developer's cost in conjunction with the street development on all streets new and existing and shall be of Portland cement concrete at least eighteen (18) inches wide and not less than six (6) inches thick where the curb abuts the street surface. Developer shall pay for curb and gutters and install the same.

Section 405.170 Waiver of Requirements of Curbs and Gutters.

[R.O. 2011 §405.170; Ord. No. 770 §1, 2-4-2002]

When an existing street does not meet the design and construction requirements as provided in Section 405.080, the subdivider may request a waiver of the requirement of curbs and gutters on an existing street at the same time that a preliminary plan is filed with the Planning Commission as required in Section 405.040. The Planning Commission shall then review the request and if it determines that the existing street in fact does not meet standards as provided herein, the Commission may recommend to the Board of Aldermen that a waiver of curb and gutter be granted. The Board of Aldermen shall review the request and may grant said waiver.

Section 405.180 Water Lines.

[R.O. 2011 §405.180; Ord. No. 770 §1, 2-4-2002]

A. Each lot within the subdivided area shall be provided with a connection to an approved public water main.

B. Water mains and fire hydrants which are in accord with specifications approved by the City Engineer shall be installed in all subdivisions by the City at its expense as the subdivision develops. However, the subdivider shall pay for in advance on the final approval of the plat and dedication, the cost of all water line engineering performed and further shall pay for in advance all water line material including necessary fire hydrants as designated by the Insurance Service Organization and approved by the City Engineer. The developer shall pay for any rock removal. The developer shall pay for any highway bores, blasting or rock hammer. The developer shall pay any MDNR or MoDot permits/fees.

Section 405.190 Sanitary Sewers.

[R.O. 2011 §405.190; Ord. No. 770 §1, 2-4-2002]

Each lot within the subdivided area shall be provided with a connection to a public sanitary sewer unless the public sewer trunk line does not abut any of the lots within the subdivision. All connections and the subdivision sewer system shall comply with regulations of the State Board of Health and shall be approved by the City Engineer. When a public sewer system is not accessible, proper provisions shall be made for the disposal of sanitary wastes as approved by the State Board of Health. However, subdivider shall pay for in advance on final approval of plat and dedication the cost of all sewer line engineering and further shall pay in advance for all sewer line material including manhole material and any blasting or rock hammer for rock removal. Developer shall pay for any railroad or highway bores. Developer shall pay for any MDNR or MoDot permits/fees. Floor/area drains shall not be connected to the sanitary sewers.

Section 405.200 Drainage.

[R.O. 2011 §405.200; Ord. No. 770 §1, 2-4-2002]

A. Adequate surface and subsurface drainageways for the removal of storm water shall be provided by the subdivider. The extent to which storm drainage facilities shall be required shall be based upon an analysis of need prepared for the subdivider by a Missouri registered professional engineer. The computing storm water runoff, using the one (1) hour rainfall, is to be computed at a ten (10) year frequency. Times of concentration, soil infiltration rates, and other variable factors to be used in the analysis shall be discussed with and approved by the City Engineer of the City of Cabool during the preliminary consideration of the subdivision.

B. A storm sewer system, which shall be separate and independent of the sanitary sewer system, with surface inlets, shall be provided by the subdivider in all cases where curb and gutter is to be installed and whenever the available evidence indicates that such a system is necessary due to the inadequacy of the natural surface drainage.

C. Distance From Streams Or Main Drainage Channels. Any person proposing to locate a structure or a use within one hundred (100) feet of any stream or main drainage channel shall include a statement by a Missouri registered professional engineer, based on a study of the watershed area and the probable runoff, that the structure or use in the location proposed will leave adequate space for the flow of floodwater; provided however, that no building shall be permitted within fifty (50) feet of the top of the bank of any stream or main drainage channel.

Section 405.210 Sidewalks.

[R.O. 2011 §405.210; Ord. No. 770 §1, 2-4-2002]

Concrete sidewalks shall be constructed along at least one (1) side of every minor street shown on the plat in accordance with applicable standard specifications of the City, and concrete sidewalks shall be constructed along both sides of all major streets; provided however, that where the property is platted in lots having an area of seven thousand five hundred (7,500) square feet or more and a width of eighty-five (85) feet or more, the Board of Aldermen may waive this requirement. If for any reason sidewalks are not provided, the street grade shall be completed so that additional grading would not be necessary for any future installation of sidewalks.

Section 405.220 Public Utilities.

[R.O. 2011 §405.220; Ord. No. 770 §1, 2-4-2002]

A. The subdivider shall make provisions for the installation of telephone and natural gas with the appropriate agency. The installation of telephone and gas shall be made in accord with all applicable local, State and Federal regulations. Electric service shall be installed by the City of Cabool.

B. All utility lines shall be installed by the City within properly dedicated easements and public rights-of-way.

C. Street lights shall be provided by the City and all lights shall conform in size, location and density with current City utility standards and City Codes.

Section 405.230 Landscape Development.

[R.O. 2011 §405.230; Ord. No. 770 §1, 2-4-2002]

A. All unpaved or otherwise unimproved areas within the public rights-of-way or public use areas shall be graded and seeded in a manner approved by the City Engineer.

B. All residential lots shall have an appropriate cover of undisturbed existing vegetation, seeding, fresh-cut sod, plugs or spot sod.

Section 405.240 Scheduling of City Services.

[R.O. 2011 §405.240; Ord. No. 770 §1, 2-4-2002]

A. The responsibilities of the City of Cabool pursuant to the provisions of this Chapter shall be subject to scheduling of the appropriate Superintendent and to both emergency and normal commitments of the City.

B. In the event a subdivider wishes to proceed ahead of the City schedule, he/she shall have the option of providing labor or resources to complete tasks otherwise the responsibility of the City.

Section 405.250 Final Plat Required.

[R.O. 2011 §405.250; Ord. No. 770 §1, 2-4-2002]

The final plat on tracing cloth and five (5) prints thereof, together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat, shall be submitted to the Board of Aldermen. The final plat is to be drawn at a scale of not more than one hundred (100) feet to the inch from an accurate survey and on one (1) or more sheets whose maximum dimensions are eighteen (18) inches by twenty-four (24) inches. If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one (1) sheet and the areas shown on other sheets.

Section 405.260 Final Plat.

[R.O. 2011 §405.260; Ord. No. 770 §1, 2-4-2002]

A. The final plat shall show:

1. The plat, section, U.S. survey or part thereof it purports to represent.

2. The boundary lines of the area being subdivided with accurate distances and bearings.

3. The lines of all proposed streets and alleys with their widths and names.

4. The accurate outline of any portions of the property intended to be dedicated or granted for public use.

5. The line of departure of one street from another.

6. The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names.

7. All lot lines together with an identification system for all lots and blocks.

8. The location of all building lines and easements provided for public use, services or utilities.

9. All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements and any other areas for public or private use. Linear dimensions are to be given to the nearest one one-hundredth (1/100) of a foot.

10. The radii, arcs, chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.

11. The location of all survey monuments and bench marks together with their descriptions.

12. The name of the subdivision, a small sketch showing its general location and the scale of the plat, points of the compass, and name of owner or owners or subdivider.

13. The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown.

14. Private restrictions and trusteeships and their periods of existence. Should there be restrictions or trusteeships of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.

15. Acknowledgment of the owner or owners to the plat and restrictions, including dedication to public use of all streets, alleys, parks, or other open spaces shown thereon and the granting of easements required.

16. Certificates of approval for endorsements by the Board of Aldermen.

17. Deposit in cash or certified check with the Clerk of the City of Cabool in an amount equal to the cost of material for water and sewer line materials as described in the final engineering specifications.

18. Shall furnish satisfactory proof of approval by the applicable State agency of final water and sewer line plans and specifications.

Section 405.270 Variations and Exceptions.

[R.O. 2011 §405.270; Ord. No. 770 §1, 2-4-2002]

Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties or substantial hardship or injustice, the Board of Aldermen, after report by the Planning Commission, may vary or modify such requirements so that the subdivider may develop his/her property in a reasonable manner but so that, at the same time, the public welfare and interests of the City are protected and the general intent and spirit of these regulations preserved.

Section 405.280 Building Permit.

[R.O. 2011 §405.280; Ord. No. 770 §1, 2-4-2002]

No building permit shall be issued for construction of any building on any lot or part of any subdivision, nor shall any person, firm or corporation sell or offer for sale any lot or part of any subdivision, nor shall any water or sewer line or gas or electrical service be extended to or serve any structure on any lot or part of any subdivision unless all requirements of this Chapter provided by have been complied with, except in cases where the subdivider submits and obtains approval of the Planning Commission for a staged development which includes a minimum of fifty percent (50%) of the planned subdivision requirements in place.

Section 405.290 Use of Unapproved Plat in Sale of Land — Penalty — Vacation or Injunction of Transfer.

[R.O. 2011 §405.290; Ord. No. 770 §1, 2-4-2002; Ord. No. 001-2010 §§18 — 19, 2-15-2010]

No owner, or agent of the owner, of any land located within the platting jurisdiction of the City of Cabool, knowingly or with intent 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 Board of Aldermen and recorded in the office of the appropriate County Recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such Board of Aldermen and the sale is contingent upon the approval of such plat by such Board of Aldermen. Any person violating the provisions of this Section shall forfeit and pay to the City of Cabool a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated 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 Cabool may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.

Section 405.300 Changes and Amendments.

[R.O. 2011 §405.300; Ord. No. 770 §1, 2-4-2002]

Any regulations or provisions of this Chapter may be changed and amended from time to time by the Board of Aldermen, provided however, that such changes or amendments shall not become effective until after a study and report by the Planning Commission and until after a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation at least fifteen (15) days prior to such hearing.

Section 405.310 Plat to Be Prepared.

[R.O. 2011 §405.310; Ord. No. 770 §1, 2-4-2002]

A. Whenever any addition to or subdivision of the City shall be laid out, the proprietor of such addition or subdivision shall cause to be made an accurate map or plat thereof particularly setting forth and describing:

1. All parcels of land within such addition or subdivision reserved for public purpose by their boundaries, course or extent, whether they are intended for avenues, streets, lanes, alleys, commons or other public uses.

2. All lots for sale by numbers and stating their precise length and width.

3. All conditions and covenants upon which the lots will be offered for sale.

Section 405.320 Streets Within Subdivision.

[R.O. 2011 §405.320; Ord. No. 770 §1, 2-4-2002]

The streets of all such additions or subdivisions, except plats for cemetery purposes, shall conform to the streets of the City so that the streets and avenues of such additions or subdivisions shall, as near as may be, run parallel with or be continuations on a straight line of the streets of the City.

Section 405.330 Acceptance of Plat.

[R.O. 2011 §405.330; Ord. No. 770 §1, 2-4-2002]

Whenever any plat of a proposed addition or subdivision shall comply with and conform to the above requirements, it shall be presented to the Board of Aldermen who shall accept such plat and order the same placed in full upon the record. Provided, that the Board of Aldermen shall withhold its acceptance of the said plat whenever all taxes against the property proposed to be platted have not been paid.