[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.
[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.
[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.
[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.
[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;
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.
[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.
[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.
[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 (%)
|
|
|
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
|
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.