[Ord. No. 02-01, 4-1-2004; Ord. No. 06-02, 1-26-2006; Ord. No. 06-08, 3-23-2006; Ord. No. 06-11, 5-4-2006; Ord. No. 06-14, 7-13-2006; Ord. No. 07-01, 2-1-2007; Ord. No. 07-02, 3-15-2007; Ord. No. 08-03, 7-1-2008; Ord. No. 08-05, 10-2-2008]
A. 
The following information, standards and BMPs have been developed by and for Cass County Road and Bridge Department to help provide practical, safe and economical access to the land in Cass County. An attempt has been made to achieve a balance between the sometimes conflicting concerns for safety, economy and scenic beauty, using the MHTD, FHTD, FHALTSP(LTAP), FHA, ASCE, AASHTO, MUTCD and standards as a guide.
B. 
Safety must be the highest priority to establish safe roadways for our residents, school buses, service vehicles and farm equipment.
C. 
Economy is construed to apply to direct construction/maintenance costs and to the indirect costs to roadway users in the way of increased vehicle maintenance/repairs due to inadequate roadways. It is the long-range goal of the County to provide for a hard-surface roadway within two (2) miles of every resident.
D. 
Scenic and environmental concerns were considered as these BMPs were developed to respect the desires of property owners adjacent to Cass County roadways.
E. 
Every effort was made to develop standards and BMPs that are consistent with State law, County planning and zoning and County subdivision regulations. These standards and BMPs should serve to supplement and support other existing policies and regulations and the best interests of Cass County citizens.
[Ord. No. 02-01 Part A §1, 4-1-2004; Ord. No. 06-02 Part A §1, 1-26-2006; Ord. No. 06-08 Part A §1, 3-23-2006; Ord. No. 06-11 Part A §1, 5-4-2006; Ord. No. 06-14 Part A §1, 7-13-2006; Ord. No. 07-01 Part A §1, 2-1-2007; Ord. No. 07-02 Part A §1, 3-15-2007; Ord. No. 08-03 Part A §1, 7-1-2008; Ord. No. 08-05 Part A §1, 10-2-2008]
A. 
General Statement. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "shall" is mandatory; the word "may" is permissive.
B. 
For the purpose of these regulations, the terms used herein are defined as follows:
AVERAGE DAILY TRAFFIC (ADT)
The total volume of traffic during a given period (in whole days), the greater than one (1) day and less than (1) year, divided by the number of days in that time period. It is recognized that there may be variations in the ADT different days of the week, the month and seasonal variations (agricultural areas, recreational areas, schools, etc.). Counters to be placed at both ends of the road to be counted for a period of twenty-four (24) hours, Monday — Friday, not on weekends, per MoDOT practices.
COUNTY
Cass County, Missouri.
COUNTY COMMISSION
The administrative body for Cass County, Missouri.
COUNTY ENGINEER
A professional engineer, registered in the State of Missouri, designated by the County Commission to perform professional engineering service for the County.
DIRECTOR OF PUBLIC WORKS
The official appointed by the Cass County Commission as Director of Public Works.
RIGHT-OF-WAY
Land acquired by the County, either by public virtue, public dedication or road establishment, for the construction and maintenance of a street or roadway.
ROAD AND BRIDGE SUPERINTENDENT
The official appointed by the Cass County Commission to be the chief officer of the County in all matters pertaining to highways, roads, bridges, culverts and surveys and is responsible for all operations of the County Road and Bridge Department.
URBAN SERVICE AREA
Area as defined in the Cass County Subdivision Regulations.
[Ord. No. 02-01 Part A §2, 4-1-2004; Ord. No. 06-02 Part A §2, 1-26-2006; Ord. No. 06-08 Part A §2, 3-23-2006; Ord. No. 06-11 Part A §2, 5-4-2006; Ord. No. 06-14 Part A §2, 7-13-2006; Ord. No. 07-01 Part A §2, 2-1-2007; Ord. No. 07-02 Part A §2, 3-15-2007; Ord. No. 08-03 Part A §2, 7-1-2008; Ord. No. 08-05 Part A §2, 10-2-2008]
A. 
Type I — Arterial, Minor. Arterials connect population centers and economic activity with each other and the State or municipal road systems, occurring at reasonably regular intervals to collect traffic from roads of lesser importance and carrying relatively heavy corridor traffic movements, present or potential. Arterial classification will be as designated by the County Commission. Typical four thousand (4,000) to ten thousand (10,000) ADT.
B. 
Type II — Collector. Collectors occur at reasonably regular intervals to collect traffic from local roads and channel it into the arterial road system. These roads serve minor population centers not feasibly served by arterial routes. Collectors are the main school bus routes, mail route and farm to market routes. Collector classification will be as designated by the County Commission. Typical one thousand (1,000) to four thousand (4,000) ADT.
C. 
Type III — Local Road. Type III roads are through roads whose primary purpose is to serve abutting properties and provide for minor volumes of through traffic. Type III classification will be as designated by the County Commission. Typical nine hundred ninety-nine (999) or less ADT.
D. 
Type IV — Local Subdivision Road. Type IV roads consist of cul-de-sac legs and short and/or dead- end road sections serving the immediate area. Type IV classification will be as designated by the Cass County Commission.
E. 
Type V — Minimum Maintenance Road. Minimum maintenance roads are old County rights-of-way where regular maintenance has previously been discontinued due to lack of use and which may have been subsequently placed into the limited maintenance category by past County Commission actions. Type V classification will be made by County Commission action upon recommendation by the Public Works Director.
F. 
Type VI — Private Road Or Dedicated Non-Maintenance Road. Private roads are roads that have not been dedicated to the public and/or provide access to property with said roads not maintained by public funds. Dedicated non-maintained roads may be old County roadways and/or rights-of-way not falling into the category of minimum maintenance or roads that have been dedicated and constructed but never accepted for maintenance by the County.
[Ord. No. 02-01 Part A §3, 4-1-2004; Ord. No. 06-02 Part A §3, 1-26-2006; Ord. No. 06-08 Part A §3, 3-23-2006; Ord. No. 06-11 Part A §3, 5-4-2006; Ord. No. 06-14 Part A §3, 7-13-2006; Ord. No. 07-01 Part A §3, 2-1-2007; Ord. No. 07-02 Part A §3, 3-15-2007; Ord. No. 08-03 Part A §3, 7-1-2008; Ord. No. 08-05 Part A §3, 10-2-2008]
A. 
Present or future roadway(s) in Cass County must meet the geometric and construction standards in effect at the time the roadway(s) were (are) constructed. Roadways that do not meet the current standard will require variance approval(s) by the County Commission for County maintenance.
B. 
All rights-of-way must be dedicated by the public as a road right-of-way through the subdivision platting process or must be granted by way of quick claim deed or general warranty deed in the case of roadways being established by Chapter 228, RSMo., 1986, and all future supplements or revisions.
C. 
Roadways shall not be accepted for County maintenance until a roadway maintenance acceptance certificate is issued and approved by the Public Works Director and the County Commission. (Maintenance certificate is on file in the City Clerk's office.)
D. 
Existing Non-Maintained County Roadways. This includes roadways that have been constructed previous to the adoption date of these BMPs and do not presently receive full maintenance.
1. 
Written request shall be to the Road/Bridge Department for a roadway inspection to determine compliance with roadway geometric and construction standards outlined in this manual.
2. 
Road/Bridge Department shall respond with a written report outlining any items that do not conform to the roadway geometric and construction standards.
3. 
The requesting party(ies) shall notify the Road/Bridge Department when corrective actions are to be performed to allow for inspection of the work in progress by the department.
4. 
When all corrective work is complete, a final inspection shall be scheduled (as deemed necessary) and if all work meets the requirements, a roadway maintenance acceptance certificate shall be issued and approved by the Public Works Department and County Commission.
*** NOTE: The entire roadway is subject to complete reinspection at the discretion of the Public Works Director depending on the timeliness that corrective actions are made.
E. 
Newly Constructed Roadways.
1. 
Property owners, contractors and/or developers who intend to construct a new street or roadway shall contact the Public Works Department at least thirty (30) days prior to starting construction of any new roadway. A construction permit will be required as per Section 510.120 Permits/Bonds. The department will outline the level of street plans and specifications required; and any bonding requirements, certifications and inspections that will be required during construction of the street or road. Roadways constructed without proper notification will be required to be maintained by the owner, contractor or developer for a minimum of one (1) year from the completion of construction before being considered by the County for acceptance for maintenance.
2. 
Persons desiring to establish roadways by the provisions of Section 510.040 or the Revised Statutes of Missouri must meet all of the provisions of these regulations. Roadway improvements shall be completed and accepted by the BMPs herein stated and/or a suitable surety shall be provided to the County to ensure that construction conforms to these specifications. Improvements shall be completed or surety provided before the County Commission will formally establish the roadway.
[Ord. No. 02-01 Part A §4, 4-1-2004; Ord. No. 06-02 Part A §4, 1-26-2006; Ord. No. 06-08 Part A §4, 3-23-2006; Ord. No. 06-11 Part A §4, 5-4-2006; Ord. No. 06-14 Part A §4, 7-13-2006; Ord. No. 07-01 Part A §4, 2-1-2007; Ord. No. 07-02 Part A §4, 3-15-2007; Ord. No. 08-03 Part A §4, 7-1-2008; Ord. No. 08-05 Part A §4, 10-2-2008]
A. 
The County has many roadbeds and roadways which were established in past years by public consent, public dedication or road establishment which because of changing demographics and travel patterns presently have little or no public utility. This BMP is presented herein to outline the method of road vacation established by Section 228.110, RSMo., and Section 71.270, RSMo.
B. 
Roadways Established By Subdivision Platting. The following procedure shall be followed for vacation of streets, avenues, roads, alleys, public square or common marked on the recorded plat of a subdivision:
1. 
The petitioners for vacation should contact the County Clerk's office and indicate their interest in vacating said street, etc.
2. 
Written or printed notice of application to vacate shall be posted in five (5) public places in the County or publication of notice of application to vacate shall be published in a newspaper published in the County at least fifteen (15) days prior to the term of the Commission at which such petition shall be presented. This notice shall state distinctly the nature of the application, when it is to be made and what street, avenue, road, alley, public square or common or part thereof is proposed to be vacated. Proof of notification will be required to be presented to the Commission. All costs associated with notification will be borne by the petitioner(s).
3. 
Petition from the owner(s) of the ground lying on both sides of or fronting on the area proposed to be vacated shall be presented to the County Commission stating the request to vacate and a legal description of the area to be vacated.
4. 
The County Commission shall meet at an adjourned term as per Statute for their decision.
C. 
Other County Roadways. The following procedure shall be followed for vacation or other County roadways not established by subdivision platting:
1. 
The petitioners for vacation should contact the County Clerk's office and indicate their interest in vacating said roadway.
2. 
Petitions signed by twelve (12) (or more) freeholders of the township through which said road runs shall be presented to the County Commission stating the request to vacate and a legal description of the road to be vacated.
3. 
County Commission meeting. The petition to vacate shall be publicly read on the first (1st) day of the term at which it is presented.
4. 
County Commission shall direct County Engineer to evaluate the request of the petitioners and make report to the County Commission prior to the second (2nd) reading and action by the Commission.
5. 
Written or printed notice of the filing of such petition and of the road sought to be vacated shall be posted in not less than three (3) places in the township, at least twenty (20) days before the first (1st) day of the next term of the Commission. Proof of notification will be required to be presented to the Commission. The County Clerk's office shall send (by certified mail) a copy of the notice to all persons whose lands are crossed or touched by the road proposed to be vacated.
6. 
Persons opposed to the requested vacation may present a petition signed by at least twelve (12) freeholders to the County Commission at the Commission meeting.
7. 
County Commission meeting and decision. The printed notice shall be read. The County Commission shall proceed with the public hearing, at the conclusion of which a decision will be reached.