[Res. No. 07-06, Sub. Regs. Art.
1, 7-12-2007[1]]
A.
Title. These subdivision regulations shall be known as, referred
to, and cited as the "Subdivision Regulations" for Cass County, Missouri.
B.
Authority. As authorized by Missouri Statues, Sections 64-211 through
64.298, Cass County, Missouri, has established and maintains a planning
and zoning program for land use regulation which strives to define
land use within the context of the community within the County. The
objectives of this program are to balance property rights with the
rights of the community at large, and to accommodate growth and changes
in use of lands within the County by encouraging such changes in locations
and by means that maintain the health, safety and welfare of the resident
community. This Chapter is adopted under this authority.
C.
Comprehensive Plan And Zoning Order. Missouri law provides the authority
for non-charter, first class counties such as Cass County to prepare
and adopt a master plan, the Comprehensive Plan, through Section 64.231,
RSMo. The current Comprehensive Plan of 2005 has been adopted through
a public hearing and review process. In addition, the County Commission,
as the legislative body for the administration of the County, has
passed a resolution of support and agreement for this Comprehensive
Plan. The Comprehensive Plan attempts to characterize the County in
terms of population, demographics, roadway and utility use and then
consider these elements in the development of planning concepts. The
Planning Board uses the Comprehensive Plan and the Zoning Order together
with these Subdivision Regulations in administration of the County
planning and zoning program for land use regulation, supplemented
by procedures and fees adopted by the Planning Board or County Commission.
The Commission County in its legislative role adopts both this Zoning
Order and the Subdivision Regulations as the working tools to implement
the elements of the Comprehensive Plan.
D.
Jurisdiction. All plans or plats of land laid out for the purpose
of use as building lots for further improvements, hereafter made for
each subdivision or each part thereof lying within the jurisdiction
of the Cass County Planning Board shall be prepared, presented, and
recorded as herein described.
E.
Purpose And Intent. The purpose and intent of these Regulations is
to provide for the harmonious development of the unincorporated areas
of the County; to provide for compliance with standards and regulations
of the State and Federal governments as they relate to management
of the flood plain and the management and protection of the waters
of the County, to provide for the proper location and width of streets,
building lines, open spaces, safety and recreational facilities, utilities
and drainage; for the avoidance of congestion of population through
requirements of minimum lot width, depth, and area, and the compatibility
of design; to require the manner in which streets shall be graded
and improved, and water, sanitary sewers, and other utilities connections
or other physical improvements shall be installed; and to provide
for and secure to the benefit of the residents of the County, the
actual construction of such physical improvements.
F.
Applicability. The owner or owners of any land located within the
jurisdiction of these Subdivision Regulations, intent upon subdividing
said land into two (2) or more parcels, for the purpose of laying
out any subdivision in lots, building lots, tracts, or parcels; or
any owner of any land establishing any street, alley, park, or other
property intended for public use or for the use of purchasers or owners
of lots, or parcels of land fronting thereon or adjacent thereto,
shall cause a plat drawing to be made in accordance with these Regulations.
For the purposes of these Subdivision Regulations, such divisions
of land into parcels for the purposes of sale and use, shall be considered
as being of one (1) of the four (4) following types of Zoning Action:
1.
Lot Splits where one (1) parcel is divided by a single dividing
line into two (2) parcels regardless of the intent. Such action requires
a public hearing by the Planning Board prior to recording of any land
revisions.
2.
Large Parcel Subdivisions wherein the parent parcel is being
divided into multiple parcels, each of which exceeds a full twenty
(20) acres, and where the subdivided parcels are not intended for
further development or construction by the subdivider, and are not
intended to continue exclusively as an agricultural use. Such action
requires a submittal of the proposed plat documents to the County
Zoning Office for review of the proposed changes in relation to the
Zoning Order, the flood plain and surface water management requirements.
Following such review, the County will provide to the subdivider the
results of any findings that relate to the proposed use or parcels.
3.
Subdivisions, wherein the parent parcel is being divided into
two (2) or more parcels, smaller than twenty (20) acres each, and
where the features and location of the individual parcels will require
common road or utility construction requirements as part of any further
development. Such action requires two (2) hearings by the Planning
Board, a Preliminary Plat or conceptual design of the proposed action
to be presented in a hearing before the Planning Board, followed by
a Final Plat, or engineered design, hearing prior to recording of
any land revisions, as further defined below.
4.
Minor Subdivisions, wherein the parent parcel is being divided
into more than two (2) and five (5) or fewer parcels, and where the
features and location of the individual parcels do not require any
common construction requirements including but not limited to storm
water management, utilities or access within the boundaries of the
parent parcel and individual parcels, although such infrastructure
improvements may be required outside of the boundaries. Such action
requires a Final Plat hearing by the Planning Board and includes the
final engineered design prior to recording of any land revisions.
G.
Exemptions. These Regulations shall not apply in the following instances:
1.
The division of any parent parcel with twenty-five (25) acres
or more for the purpose of dividing an agricultural tract from a habitable
residence with a septic system acceptable to the County, and existing
prior to February, 2005, provided that no subdivided lot is less than
five (5) acres in area.
2.
A change in the boundary between adjoining land which does not
create an additional lot.
3.
Land used for streets or railroad right-of-way, modifications
to an easement for the purposes of drainage or other public utilities,
existing prior to February, 2005, all being subject to local, State
or Federal regulations, where no new street or easement of access
is involved.
4.
Whenever any lot, parcel, or tract of land located within the
area governed by these Regulations has been divided prior to the adoption
of these Regulations, and was in compliance with such regulations
as were in effect at the time of the original division.
5.
Any transfer by operation of law.
H.
Variances. Whenever it is found that the land is of such size or
shape or is subject to or is affected by topographical location or
conditions, that full conformity to the provisions of these Regulations
is impossible or impractical, the Planning Board may recommend to
the County Commission, by letter of transmittal, consideration of
variances or exceptions in the Final Plat so that substantial justice
may be done and the public interest secured. In recommending such
variances or exceptions, the Planning Board shall base their conclusions
on the following:
1.
That there are special circumstances or conditions or the topography
affecting the property, which were identified in the application documents,
and consideration of other solutions to such circumstances has been
fully pursued by the applicant.
2.
That the variances or exceptions are necessary for the reasonable
and acceptable use of the property in question, as intended by the
applicant, in the opinion of the Board.
3.
That the granting of the variances or exceptions will not be
detrimental to the public welfare or injurious to other property in
the vicinity in which the property is situated.
4.
Such request for each condition of the variance shall be approved
or disapproved by the County Commission, or referred to the Board
of Zoning Adjustment for resolution after its consideration of the
recommendation of the Planning Board.
5.
All other variances from these Regulations shall be subject
to the requirements of the Administration Article of the Zoning Order
prior to the submittal of a zoning action application for dividing
land.
I.
Appeals. Appeals may be taken by any person aggrieved or by any officer
or department of the County, or by any decision of the Planning Board
or Zoning Officer. Such appeals shall be requested within ten (10)
days by filing with the Zoning Officer a written request for an Appeal,
specifying the details and reasons, before the Board of Zoning Adjustment
as defined in the procedures of the Zoning Order.
J.
Severability. Each article, section, and subdivision of a section
of these Regulations is hereby declared to be independent of every
other article, section, or subdivision of a section, so far as inducement
for the passage of these Regulations is concerned. If any section
of this Regulation be held to be unconstitutional or otherwise invalid
by any court of competent jurisdiction, then such section shall be
considered separately and apart from the remaining provisions of these
Regulations, said section to be completely severable from the remaining
provisions of these Regulations and the remaining provisions of these
Regulations shall remain in full force and effect.
K.
Repealing Clause. These Regulations repeals the Subdivision Regulations
of Cass County, Missouri, of February, 2005, in their entirety.
L.
Inclusions. The Cass County Comprehensive Plan of 2005, as amended,
and the Cass County Zoning Order, as amended, are made a part of and
included in the requirements of this Subdivision Regulation.
M.
Amendments. The Cass County Commission may, by County order, amend,
supplement, change, modify or repeal these Regulations and the zoning
designation definitions or district boundaries, or may modify these
Regulations as they apply to any specific parcel of land within the
County. No such amendment or change shall be adopted by the County
Commission until the Planning Board has held a public hearing and
submitted its recommendations. Amendments to the Subdivision Regulations
may be initiated by the County Commission or the Planning Board.
N.
Impact Fees. New uses of land are subject to Transportation Impact
Fees as defined in the Comprehensive Plan and the Zoning Order.
[1]
Editor's Note: At the County's direction Resolution No. 07-06
setting out the most recent version of the County's Subdivision Regulations
was placed in the County Code.
[Res. No. 07-06, Sub. Regs. Art.
2, 7-12-2007]
A.
Approvals Necessary For Acceptance Of Subdivision Plats. All newly
created plans or plats of land defining building lots, and the streets,
alleys, or other portions of the same intended to be dedicated for
public use, or for the use of purchasers or owners of the lots fronting
thereon or adjacent thereto, shall be submitted to the Planning Board
for its consideration in a Public Hearing. The recommendation of the
Board shall be submitted to the County Commission for their official
consideration and action. The submittal date to the Planning Board
shall be the date of the public meeting at which the application is
first considered. The submittal date to the Commission shall be the
date of the public meeting at which the application is first considered
by the Commission.
B.
Fees. A filing fee and deposit shall be charged and collected from
the applicant in an amount as established by the County Commission
by separate order for each zoning action. An application shall not
be accepted for review until all applicable fees have been paid by
the subdivider.
C.
Planning Board Review Process. Unless otherwise provided, subdivision
actions within the County shall follow this general procedure:
[Ord. No. 19-05, 8-22-2019]
1.
An application for a subdivision action shall be made to the
Zoning Department, and shall include such pertinent information describing
the proposed zoning action in terms of its relationship to the elements
of the Zoning Order and Subdivision Regulations as required by the
Zoning Officer.
2.
The Zoning Officer shall also cause a notice of the acceptance
of an application to be heard at a Public Hearing to be published
fifteen (15) days in advance of the hearing in at least one (1) newspaper
having general circulation within the County, and a notice of such
Hearing to be posted at least fifteen (15) days in advance thereof
in one (1) or more public areas of the administrative building of
the County.
3.
The procedures of such Public Hearing shall be those adopted
by the Planning Board, which may set conditions for presentation of
information, and which may adjourn or continue the Hearing. Any interested
person or party may appear and be heard at the Hearing. The applicant
or a designated representative shall be required to attend the meeting
to present any information requested by the Board.
4.
The Officer shall also cause notice of the zoning action application
to be provided by the applicant to any political subdivision, relevant
school district, fire protection district and any utility provider
with responsibility for the area in which the property is located,
and any property owner holding interest in any property located within
one thousand (1,000) feet of the subject parcel, by regular mail.
In the event of a proposed zoning action that is the Final Plat application,
the Zoning Officer shall make a determination at the time of the application
as to a requirement for the applicant to provide such additional notification
to these same entities, to supplement the information provided as
part of the Preliminary Plat notification.
5.
The details of the application shall be evaluated by the Zoning
Department by comparison of the application information to the detailed
requirements of the County Comprehensive Plan, the Zoning Order and
these Subdivision Regulations. A summary of the results shall be prepared.
For matters that occur in proximity to the incorporated areas of the
County, the written comments of the administration of these communities
may also be used and made a consideration of the results. If the application
is considered by the Zoning Officer to be complete enough for consideration
by the Board, the application shall be placed on the agenda for the
next scheduled Public Meeting of the Board.
6.
The details of the application shall be reviewed with the Board
in a public hearing as defined in this Zoning Order. Additional comments
may be sought by the Board from both the applicant and the attending
public. Staff may recommend, and the Planning Board may impose conditions
of approval as deemed necessary to carry out the intent and purpose
of these Regulations.
7.
Applications for proposed Preliminary or Final Plats shall be
submitted as follows:
a.
The Zoning Officer shall submit the proposed Preliminary or
Final Plat, as submitted by the Applicant, to the municipality located
within one and one-half (1 1/2) mile of the subject property for a
review period of fifteen (15) days, at the end of which period, any
comments received in writing from the municipality shall be included
in the application summary review prepared for the Planning Board
hearing. In lieu of written comments, representatives of the municipality
may appear at the Public Hearing before the Board and present its
recommendation, or may elect to make no comments regarding said request.
8.
Following the public hearing, the Board shall take action in
writing to either: continue the application process in order to consider
additional information, approve, with or without conditions, or disapprove
the application within forty (40) days after the submittal date of
an application. Such application shall be deemed to have been approved
by the Planning Board if no written action was taken within sixty
(60) days after such submittal date.
9.
Upon taking action to recommend approval of the application,
the Planning Board shall maintain a written record of its decisions
regarding each application and shall make provisions for affixing
confirmation of its approval to the Final Plat of proposed subdivisions
involving multiple lots, such that the confirmation shall be filed
with the Recorder of Deeds. All conditions to approval of the plat
by the Planning Board not included specifically in the recorded plat
drawing may be included as a separate and recorded document.
10.
If the Board finds that the proposed action does not conform
to the requirements of the County, the specific grounds for recommending
disapproval shall be made a matter of record of the proceedings of
the meeting and made available to the applicant.
D.
Hearing By The Commission. Upon a recommendation made by the Planning
Board for an action regarding a proposed application, the application
shall be forwarded to the County Commission for final action. Receipt
of the Board recommendations shall be the date of the public meeting
during which the application is considered by the Commission.
1.
The Commission Shall Take Action In Writing To Either. Continue
the application process in order to consider additional information,
approve, with or without conditions, or disapprove the application
within thirty (30) days after the receipt of the application with
recommendations from the Board. Such application shall be deemed to
have been approved by the Planning Board if no written action was
taken within sixty (60) days after the meeting date at which the application
was considered by the Commission.
E.
Improvements. Where improvements are required by these Regulations
or the Zoning Order, and as a part of the application for a zoning
action, such improvements shall be required to be completed to the
satisfaction of the County according to the following:
1.
Improvement Procedure. After the approval of a zoning action,
but prior to recording of a Final Plat, the subdivider shall have
either completed all required improvements or assured their completion
by provision of a surety. Improvements shall include all infrastructure
required and related to the property or the use, including but not
limited to roads, streets, alleys, signage, storm water management
and landscaping structures, utility structures and underground improvements.
In lieu of the actual completed construction of all physical improvements,
the Commission may accept a surety in the form of a bond or other
method of financial assurance acceptable by the County. Such surety
shall be in an amount established by the County that will guarantee
the construction of the required improvements within a period of time
to be specified and approved by the County Commission. Such surety
shall be properly executed prior to any grading or construction and
shall be released in segments upon written approval of the County.
2.
Surety. The applicant shall post a surety in a form acceptable
to the County, as assurance of full payment and satisfactory performance
of the completion of such improvements as are established by the Planning
Board or Commission as part of the approval of the zoning action.
Such surety shall apply separately to each of the improvements required,
such that the completion of the accepted improvement according to
the established schedule may allow for release of the relevant surety.
a.
For street improvements, such surety shall remain intact until
two (2) years after the recording of a Final Plat which includes such
improvements, at which the County may reduce the surety conditions
upon review by the Commission, following a written request by the
applicant and provider of the surety made to the Zoning Department.
b.
Utility structure improvements shall follow this same schedule
and procedure.
c.
Storm Water Management Plan implementation shall follow this
same schedule and procedure, and as defined in the Surface Water Article
of the Zoning Order.
3.
Completion Assurance. According to the schedule established
with the zoning action, each step of the implementation of required
improvements must be confirmed by the County to facilitate the release
of a surety. As part of the zoning action approval, the applicant
agrees to provide a schedule of the steps of implementation of the
improvements and to provide access to the property and site area to
the County. Upon review of the progress of the implementation of the
improvement construction, the Zoning Officer will prepare a report
to be provided to both the applicant and the Commission.
a.
Schedule. The schedule for implementation of improvements shall
be presented by the applicant as part of the documentation of the
application for a zoning action, and be subject to the approval of
the Planning Board and the Commission. The minimum requirements for
confirmation of the key events of the progress of the improvements
will be:
(1)
During the preparation activity for the completion
of the construction of the Surface Water Management Plan, and following
installation of any approved Best Management Plan (BMP) methods for
the site, prior to beginning of any general construction activity.
This inspection point will also confirm the acceptable permitting
of the activity by Federal or State authorities who regulate such
activities, including the Clean Water Act 401 and 404 permits, and
402 permits.
(2)
During construction of elements of the Surface
Water Management Plan, following the beginning or construction of
approximately fifty percent (50%) of the proposed individual lot structures,
as confirmation of the continuing compliance with the SWMP and BMPs
being used during general construction in common areas and on individual
parcels.
(3)
Following completed construction of the Surface
Water Management Plan, approximately one (1) year following the occupancy
of approximately fifty percent (50%) of the proposed structures, as
confirmation of continuing compliance. Where possible, confirmation
of the acceptable completion of activities under permitting by the
Federal or State authorities will be confirmed at this same point.
(4)
Following completed construction of street and
utilities construction, as confirmation for the purposes of releasing
any surety being held by the County for this work, or at the two (2)
year anniversary of the posting of such surety, in order to convert
the surety from a completion assurance to one (1) of temporary maintenance
until such time as the County accepts the street work.
(5)
Whenever possible, the inspection process for any
one (1) improvement activity key event stage will be combined with
any of the other improvement inspections.
b.
Fees. The inspection requirements will include Fees as established
by the Commission under separate order. Following approval of the
zoning action by the Board of Zoning Adjustment or the Commission,
the Zoning Officer will arrange a combined schedule of site inspections,
in cooperation with the applicant, based upon the applicant's submittals
and the specific requirements of the zoning action as approved by
the County. The Fee requirements will be incorporated into this proposed
plan.
4.
Waivers. Any waiver of the required improvements resulting from
the review by the Planning Board shall only be made by the Commission
following a review of the Application and determination that such
improvement is not technically feasible.
F.
Vacations. A vacation is the termination of, or termination of interest
in, an easement, right-of-way, or public dedication of land. Such
vacation may include streets, avenues, roads, alleys, public easements,
public or common areas, as marked on a recorded plat. The County Commission
may vacate such streets, alleys, roads, public easements, public areas
or part of any of same upon petition of the owner or owners of the
ground lying on adjacent to or fronting on the street, avenue, road,
alley, public easement, square or common area, or part thereof.
1.
Upon submission of a completed and acceptable petition and payment
of the application fee, the Zoning Officer shall schedule said application
on the agenda for the next available Commission meeting. Notice of
the public hearing for the vacation application shall be made according
to the regulations of the Zoning Order. The Commission may give such
additional notice to other persons as it may from time to time provide
by its rules.
2.
If no person interested in such vacation shall appear and show
cause to the Commission why the vacation should not be made, the Commission
may make the order for the vacation as requested in the petition.
In the event the Commission orders the requested vacation, such order
shall be filed with the Office of the County Recorder of Deeds.
G.
Inspections. Under the authority of the Zoning Order and these Subdivision
Regulations, the Zoning Enforcement Officer shall be authorized to
enter upon private property in the determination of a violation of
these Regulations according to the following procedure:
1.
With written authorization by the property owner, or
2.
Following notification as defined in the Zoning Order.
3.
By presentation to the Board of Zoning Adjustment a statement
of the facts of the matter, with a request for permission to make
a non-intrusive investigation of the property, during which no structures
are to be entered, no objects are to be removed, and photographs of
existing conditions may be taken.
H.
Violations. The Zoning Officer shall notify, by certified mail or
posting of property, the owner or authorized agent of the owner, of
the land for which there is considered to be a violation of the requirements
of these Subdivision Regulations regarding the division of land and
provision of minimum standards. Such notice shall follow the procedures
defined in the Administration Article of the Zoning Order.
I.
Penalty. Any person violating the provisions of the Subdivision Regulations
shall be guilty of a misdemeanor. Each day that a violation continues
shall be deemed a separate offense.
[Res. No. 07-06, Sub. Regs. Art.
3, 7-12-2007]
A.
ABUT
AGRICULTURAL PURPOSES
APWA
BLOCK
BOARD OF ZONING ADJUSTMENT OR BZA
CLEAN WATER ACT
COMMON WATER OR SEWER
COUNTY (THE)
COUNTY COMMISSION
CUL-DE-SAC
DESIGN
EASEMENT
ENGINEER
FINAL PLAT
IMPROVEMENTS
LOT
MULTI-USE TIER
PEDESTRIAN WAY
PLANNING AREA
PLANNING BOARD
POLITICAL SUBDIVISION
PRELIMINARY PLAT
PUBLIC WATER OR SEWER
SETBACK
SIGHT TRIANGLE
STREET TERMS (see also Regulations of the Road and Bridge Department
of the County)
1.
2.
3.
4.
5.
6.
7.
SUBDIVIDER
SUBMISSION DATE
URBAN SERVICE TIER
ZONING OFFICER
Definitions. Definitions for the
interpretation of these rules and regulations are as follows:
Touch on or have a common boundary limit with another property.
The use of a tract of land of not less than forty (40) acres
for the growing of crops, pasturage, nursery, or the raising of livestock
and poultry, including the structures necessary for carrying out farming
operations and the residence or residences of those owning or operating
the premises, a member of the family thereof, or persons employed
thereon, and the family thereof, but such use shall not include feedlots
as defined by State Statute.
The American Public Works Association, which has adopted
standards for the management of storm water and pollution issues.
A tract of land bounded entirely by public highway, streets,
streams, railroad rights-of-way, or parks, etc., or a combination
thereof.
The judicial branch of County administration.
The Federal standards regulating the impact of development
on the waters of the United States, as administered for lands under
the jurisdiction of the County.
A utility service operated by a private authority permitted
by the State or County, for the common benefit of the owners of a
tract of individual parcels. See "Public Water or Sewer."
The political subdivision of Cass County, Missouri.
The Cass County Commissioners.
A street having one (1) end open to traffic and being permanently
terminated by a vehicular turnaround.
The location of streets, alignment of streets, grades and
widths of streets, alignment of easements, grades and widths of easements,
alignment and rights-of-way for drainage and sanitary sewers and other
utilities, and the designation of minimum lot area, width and length.
A grant by the property owner to the public, a corporation,
or persons, of the use of a portion of land for specific purposes.
An engineer licensed to practice in the State of Missouri.
A plan or map prepared in accordance with the provisions
of this Regulation and graphically depicting the final and complete
solutions for boundaries, features, improvements and descriptions
of a parcel, which plat is prepared to be placed on record in the
office of the Recorder of Deeds of the County in which any part of
the parcel is located. See "Preliminary Plat."
Any construction altering the land from its existing conditions,
including and not limited to street work, signage, storm water management
structures and landscaping, utilities that are to be installed, or
agreed to be installed by the subdivider on the land to be used for
public or private use of the lot owners in the subdivision and local
neighborhood traffic and drainage needs.
A portion of land in a subdivision, or other parcel of land,
intended as a unit for transfer of ownership or for development. See
also "Parcel."
As defined by the Cass County Master Plan.
A right-of-way dedicated to public use, which cuts across
a block to facilitate pedestrian access to adjacent streets and properties.
That area on a map prepared and maintained for or by the
Planning Board describing the planning area limits.
The Cass County Planning Board, unless otherwise specified.
Any Township, City, Town, Village, school, public library,
road, drainage, sewer, levee, or fire district, soil and water conservation
district, watershed sub-district, or any other public corporation
providing community infrastructure services and having the power to
tax.
A plan or map prepared in accordance with the provisions
of this Regulation and graphically depicting the proposed, conceptual
plan for boundaries, features and descriptions of a parcel, and generally
a subdivision of the parcel, which is prepared to be placed on record
in the office of the Recorder of Deeds.
A utility service operated by an authority permitted by the
State or County, for the benefit of the public in general. See "Common
Water or Sewer."
A distance from the street or property line, and generally
parallel to them, and shown on a plat indicating the limit beyond
which buildings or structures may not be erected or altered except
as otherwise provided in the Zoning Order or Subdivision Regulations.
A triangular area at the intersection of two (2) streets,
in which nothing shall be erected, placed, or allowed to grow high
enough above the elevation of the adjacent roadway to constitute a
sight obstruction. The area included in a Sight Triangle shall be
bounded on two (2) sides by the centerline of each street, and on
the third side by a line connecting the two (2) lines. The unobstructed
sight distance must be sufficient to allow the operator of vehicles
approaching the intersection simultaneously, to see each other in
time to prevent a collision. The sight distance must be related to
vehicle speeds and to the resultant distances traversed considering
perception, reaction time and braking. (See the Transportation and
Traffic Engineering Handbook, Second Edition, Institute of Transportation
Engineers, most recent edition).
ALLEYA public or private right-of-way which affords only a secondary means of access to abutting property.
ARTERIAL STREETA street serving major traffic movements, designed primarily as a traffic carrier between various sections of the County and which forms part of the through street network.
COLLECTOR STREETAny street designed primarily for the purpose of gathering traffic from local or residential streets and carrying it to the major street system.
LOCAL STREETA street or road which provides direct access to adjoining properties and is designed to serve minor traffic needs.
MAJOR THOROUGHFAREA street, highway, or roadway designated as such on the official Major Street Plan.
MARGINAL ACCESS STREETS OR FRONTAGE ROADSA minor street which is generally parallel to or adjacent to a major traffic thoroughfare, highway, or railroad right-of-way and provides access to abutting properties.
STREETA right-of-way, dedicated to the public use, which provides principal vehicular and pedestrian access to adjacent properties.
A person, firm, corporation, partnership, or association
who causes land to be divided from a larger parcel into smaller parcels
for the purposes of transfer of ownership.
For all subdivision plats, the date of the Planning Board
or Commission meeting at which the application is first considered,
shall constitute the official submission date of the plat on which
the statutory period required for reporting on the Plat shall begin.
As defined by the Cass County Master Plan.
The Director of the County Planning and Zoning Department
or other individual as designated by the County Commission who administers
and enforces the Subdivision Regulations.
[Res. No. 07-06, Sub. Regs. Art.
4, 7-12-2007]
A.
Adequate Public Facilities. No development approval shall be granted
nor subdivision plat approval accepted by the County unless adequate
public facility procedures, as established in the Zoning Order, have
been met. No regulatory approval shall be granted for development
in designated Stream Buffer and Flood Plain areas until the objectives
as outlined in the County Comprehensive Plan and Zoning Order have
been met. No Final Plat shall be approved until requirements of the
Transportation Impact Fee Order have been met.
1.
Water And Sewer. The area of the lots for all zoning actions
shall be determined by the availability of public sewer and a public
water supply, for both domestic and fire protection use, and by the
District regulations of the Zoning Order. Prior to the submission
of an application for any zoning action, including a preliminary plat,
the applicant shall obtain information as to availability of public
sewer and water supplies, their potential for improvement to meet
the needs of the proposed zoning action, and whether coordination
with a neighboring municipality for extension of public water and/or
sewer service may be required.
a.
Design And Inspection. All required water and sewer utilities
will be designed and inspected during construction by an engineer
licensed by the State for such service. The installation of water
and sewer lines shall be coordinated with the City and water district
providing the service and whatever additional inspection that entity
may require shall be made by the engineer.
b.
When the proposed subdivision is serviced by a public water
supply and a public or common use sewer system, the minimum lot area
requirements shall be subject to those set forth herein in the Zoning
Order.
c.
All water and sewer systems proposed for actions under these
Regulations shall be subject to the prior approval by the Director
of Planning and Zoning, who shall regulate locations of such systems
in relationship to public and private water supplies, wells and other
bodies of water.
[Ord. No. 08-02, 2-1-2018]
2.
Waste Water In Urban Service Tiers. Treatment should be provided
through a public or common system built to State and County standards,
compatible with standards of any adjacent City or water or sewer District.
Individual site or lot septic systems are not allowed in cases where
City services are provided, planned for, or may be cost-effectively
extended in a timely manner as determined by the review of the proposed
zoning action by the County. In specific cases, individual on-site
septic systems may be allowed, provided, however, that easements are
dedicated for future sanitary sewer lines, and road rights-of-way
alignments are indicated for future major streets.
a.
Waste Water In Mixed Use Tiers. Treatment should be provided
through a public or common system built to State and County standards,
compatible with City standards up to one and five tenths (1.5) miles
from a City where such services are provided or currently planned
for by the City. Individual site or lot septic systems are not allowed
in cases where City services are provided, planned for, or may be
cost-effectively extended in a timely manner as noted above. In specific
cases, individual site or lot septic systems may be allowed, provided,
however, that easements are dedicated for future sanitary sewer lines,
and road rights-of-way alignments are indicated for future major streets.
b.
Waste Water In Other Tiers. Individual site or lot septic systems
may be allowed, unless the nearest City petitions for an extension
of their municipal service to the area in response to the notice of
a pending zoning action application.
c.
If the proposed subdivision is serviced with a private or an
individual site or lot sewage disposal system, the preliminary plat
and Final Plat shall be prepared on the basis of minimum lots of three
(3) acres; provided, however, that additional lot area may be required
if the area has or is suspected of having a high water table or if
soil conditions prove to be unsuitable based on tests as required
by the County; provided, further, that less lot area may be required
on a finding by the County that the applicant satisfies standards
acceptable to the State and County for servicing the private or common
use individual sewage disposal system as proposed.
d.
Waste Systems And Lots In Proximity To Public Water Supplies.
The following requirements shall apply to subdivisions served by common
use or individual site lot sewage disposal systems when located near
public water supply lakes and other public water supply sources:
(1)
For the purpose of implementing this regulation,
a water supply lake shall be defined as a body of water that can be
identified by a specific design elevation and shall not include the
rivers, streams or drainage ways that flow into the lake. Other public
water supply sources are defined as the intake location on a river
or stream or a well location.
(2)
Lots proposed to be located adjacent to a water
supply lake or other public water supply source, and abutting the
boundary of the property on which the lake is located, shall be a
minimum of eight (8) acres with a minimum lake frontage of five hundred
(500) feet. Such lots shall have any structure that is connected to
or part of a sanitary sewer treatment system or individual sewage
disposal system setback a minimum of five hundred (500) feet from
the shoreline, regardless of the property line.
(3)
All individual sewage disposal systems designed
on properties adjacent to a water supply lake or other public water
supply source shall be a low pressure system designed by an engineer
and shall be approved by the Director of Planning and Zoning prior
to any application for a zoning action.
[Ord. No. 08-02, 2-1-2018]
e.
In subdivisions where septic tanks or other individual sewage
disposal devices are to be installed, the size of all lots included
in the subdivision shall be subject to regulations as set out by the
Director of Planning and Zoning and as described in these Regulations.
[Ord. No. 08-02, 2-1-2018]
3.
Other Improvements. Such other improvements, such as signage,
landscaping, drainage structures, or sidewalks, shall be made in accordance
with the conditions imposed by the Planning Board or Commission. Sidewalks
shall be a minimum of five (5) feet in width where required.
4.
Lots. Lots shall comply with the following standards:
a.
Every lot shall abut on a street other than an alley, by a minimum
of thirty (30) feet, for access in such locations as to allow normal
access to a parcel. In the case of this abutment requirement being
the vehicular access to the parcel from a State or County road, the
location of this abutment and the access point it creates is subject
to prior approval by the County Road Department and the State.
b.
The depth of any lot shall not exceed four (4) times its width.
c.
Minimum lot width shall be as specified in the Zoning District
Designation regulations of the Zoning Order; however, corner lots
shall be twenty (20) feet wider than that required in those regulations,
unless otherwise specified. Lot width shall be measured at the building
setback line from the front. Corner lots, in residential subdivisions,
shall observe the same setback on both streets.
d.
Lots with double frontage on two (2) unconnected streets shall
be avoided unless, in the opinion of the Planning Board, a variation
to this rule will give better street alignment and lot arrangement.
e.
Minimum depth of a lot shall be one hundred (100) feet. Lot
depth shall be made through the center of the lot and shall be perpendicular
to the property line or radial to the property line on curved streets.
f.
Minimum lot area shall be subject to the regulations of the
Zoning Designation in which the subdivision is located.
g.
Building or setback lines shall be shown on the Final Plat for
all lots in the subdivision and shall not be less than the setback
required by the Zoning Designation.
h.
All side lot lines shall bear sixty degrees (60°) to ninety
degrees (90°) from the street right-of-way line on a straight
street or from the tangent of a curved street.
i.
The division of a tract or lot shall not be permitted where
said division places an existing permanent structure in violation
of the requirements of these Regulations.
j.
Multiple Lot Building Sites. The creation of a building site
by the combining of multiple lots shall be contingent upon the establishment
of restrictive covenants satisfactory to the County, such that no
more than one (1) dwelling unit shall be built on an aggregate group
of lots having an area of at least three (3) acres until such time
as municipal-type water and sanitary sewer systems are available.
5.
Easements. Where alleys are not provided, permanent easements
of not less than seven and one-half (7 1/2) feet in width shall
be provided on each side of all rear lot lines, and on side lot lines,
where necessary, for utilities, storm and sanitary sewers. These easements
shall provide for a continuous right-of-way of at least fifteen (15)
feet in width. An additional twelve (12) foot wide temporary construction
easement (six (6) feet on each side of the interior individual lot
line) shall be provided for initial construction of utility lines.
6.
Access Control. In the interest of public safety and for the
preservation of the traffic-carrying capacity of the street system,
the Commission shall have the right to restrict and regulate points
of access to all property from the public street system. Such restrictions
shall be indicated on a Final Plat. Points of access to the roadways
shall be regulated by the State Department of Transportation (MoDOT)
and the County Road Department. In recommending restriction of access,
the County shall refer to the American Association of State Highway
and Transportation Officials (AASHTO) standards for the relation of
sight distance to the design speed of the roadway.
7.
Storm Water Management Plan. For any development whose construction
activities disturb a surface area considered by the County as being
significant and under the regulation of the Federal Clean Water Act
and State and County storm water management standards, the subdivider
shall be required to develop a Storm Water Management Plan as defined
in the Zoning Order as part of the approval process for this Zoning
Action.
8.
Storm Drainage Sewer. All subdivisions designed with curb and
gutter streets or with slab and ditch streets shall include a storm
sewer system designed by a licensed professional engineer in accordance
with the Clean Water Act and the Kansas City Metro Association of
Public Works Authorities, Section 5600, standards and the requirements
of the Zoning Order for Storm Water Management and Stream Buffer protections.
[Res. No. 07-06, Sub. Regs. Art.
5, 7-12-2007]
A.
Water Improvements. As a condition to the approval of a Final Plat,
the subdivider shall agree to install the following improvements.
1.
Water Supply And Sewers In Proximity To Sewer Districts. In
those areas where municipal-type water and sanitary sewer systems
will be available in the future, but are not yet available, the Planning
Board may require revisions to the proposed Preliminary Plat, such
that lots may be arranged so to be consistent with the extension of
such systems when they become available. Provisions should be made
for appropriate utility easements and street rights-of-way as part
of a revision to the Preliminary Plat.
2.
If the proposed subdivision is served by an established Water
District, it shall install waterlines and fire hydrants in accordance
with the requirements of the Zoning Order, these Regulations, the
standards of the water district or the Building Codes currently adopted
by the County. In the case of a conflict among these standards, the
more stringent shall apply. If the proposed subdivision is to be served
by a City, it shall install waterlines and fire hydrants in accordance
with City standards.
3.
Where a public water supply is proposed to serve the subdivision,
said water lines shall be installed in proper easements, or within
the limits of the street and alley right-of-way. The system shall
meet standards set by the appropriate Water District and the County
and shall include such design components as to allow easements for
looping and extension of the system to other adjacent areas.
4.
Where private water supplies are proposed, adequate provision
shall be made for easements to allow installation of or connection
to a public system should the property ever be annexed or required
to develop a public supply. Any private supply system proposed for
a zoning action, shall demonstrate prior approval by the State and
County prior to submission of an application.
B.
Waste Water Treatment. The provision of Section 405.040 shall govern for locations in the Urban Service Tier or Multi-Use Tier areas of the County as described in the Comprehensive Plan.
1.
In the Rural Density and the Agricultural Preservation Tier
areas, on-site discharge systems on one-acre lots or larger shall
meet the standards set by the County for various on-site waste water
systems. Common use, private sewer systems with alternative system
designs are subject to approval by the State and the Director of Planning
and Zoning unless the nearest City petitions for municipal service
to the area in response to the notice of the public hearing regarding
the proposed subdivision. Prior to making an application for a Preliminary
Plat, the applicant shall provide such documentation as required to
demonstrate that the proposed system is acceptable by the State for
the specific use and location being proposed in the application.
[Ord. No. 08-02, 2-1-2018]
2.
Where a common use private sewer system is proposed to serve
a subdivision, the system shall be designed and constructed to provide
service to each lot within the subdivision. The sewer system shall
meet all standards established by the State and the County. The system
design, continuing maintenance and operations design and responsibility,
the and the credentials of the entity providing operational responsibility
for this system shall be submitted and approved by the County as part
of the initial application process.
C.
Blocks. The design of segmented portions of the subdivision lot layout,
or blocks, shall meet the following standards:
1.
Length. Intersecting streets which determine block length shall
be provided at such intervals as to serve cross traffic adequately
and to meet existing streets in the neighborhood. Where no existing
plats are recorded adjacent to a proposed Preliminary Plat, the blocks
shall not exceed one thousand two hundred (1,200) feet in length,
except that a greater length may be permitted where topography or
other conditions justify a departure from this maximum.
2.
In blocks longer than eight hundred (800) feet, pedestrian easements
through the block may be required near the center of the block. Such
pedestrian easements shall have a minimum width of ten (10) feet.
Blocks in Zoning Districts that are designated for commercial or industrial
uses shall not exceed six hundred (600) feet in length.
3.
Width. In residential development, the block width shall normally
be sufficient to allow two (2) tiers of lots of appropriate depth.
Blocks in zoning designated for commercial or industrial uses shall
be of such width and depth as may be considered by the County as most
suitable for the proposed use.
D.
Subdivision Design. The design of a proposed subdivision, as shown
in a Preliminary Plat, shall provide for efficient traffic flow, proper
mixing of land uses, and a logical link between surrounding, existing
development and the proposed layout. The County Comprehensive Plan
should be used as a guide in determining if the design of the proposed
subdivision is consistent with the expected conditions. If the Planning
Board considers the design of a plat as unsuitable for the site or
compatibility with the surrounding land uses, it shall have the authority
to deny a plat or request that the design be modified.
1.
Drainage Easements. A storm water or stream buffer easement
may be required if a subdivision is traversed by a water course, drainage
way or channel, or may require such a means of managing storm water.
Such easement shall conform substantially to the lines of such water
course and shall be of such width or construction, or both, as may
be necessary to provide adequate storm water drainage and to provide
for access for maintenance thereof. The easement or right-of-way shall
be subject to any additional regulations required by the Flood Plain
Order or Stream Buffer Regulations of the Zoning Order.
2.
Dedication Or Reservation Of Public Sites And Spaces. In subdividing
land due consideration should be given by the subdivider to the dedication
or reservation of suitable sites for schools, parks, or other public
recreational areas or open spaces. All areas to be reserved for, or
dedicated to, public use shall be indicated on the Preliminary Plat
in order that it may be determined when and in what manner such areas
will be dedicated to or acquired by the appropriate ownership entity.
A written statement from the local Board of Education may be required
to be submitted by the subdivider indicating whether or not a school
site in the proposed subdivision is desired.
3.
Such drainage easements and public spaces shall be dedicated
to ownership which is acceptable to the County as being capable of
maintaining such spaces in the public interest.
E.
Streets, Alleys And Public Ways.
1.
Relations To Adjoining Street System. The arrangement of streets
in new subdivisions shall make provisions for the continuation of
the principal existing streets in adjoining additions, or their proper
projection where adjoining property is not subdivided, insofar as
they may be necessary for public requirements. The width of such streets
in new subdivisions shall not be less than the minimum street widths
established herein. Alleys and street arrangement must also be such
as to cause no hardship to owners of adjoining property when they
seek to provide for convenient access to it. Whenever there is a dedicated
half street or alley adjacent to the tract to be subdivided, the other
half of the street or alley shall be dedicated as a public way.
2.
All such street design shall be subject to the requirements
of both the County Road and Bridge Regulations and the Storm Water
Management Article of the Zoning Order, such that a design that provides
for the optimum performance to either set of standards may be developed.
3.
Street Names. Streets that are obviously in alignment with existing
streets and named shall bear the same alpha-numeric designation adopted
by the County.
4.
Arterial And Collector Streets. Major streets through subdivisions
shall conform to the Major Street Plan as adopted by the Planning
Board and the County.
5.
Local Streets. Minor streets shall be so designed to discourage
through or non-local traffic.
6.
Cul-De-Sacs.
[Ord. No. 22-01, 1-13-2022]
a.
Such local street segment shall not exceed five hundred (500) feet
in length from the centerline of an intersection of a cross street
to the center of the cul-de-sac for subdivisions with lots of three
(3) acres in size or less.
b.
Such local street segment shall not exceed one thousand (1,000) feet
in length from the centerline of an intersection of a cross street
to the center of the cul-de-sac for subdivisions with lots of three
(3) acres in size or more, provided, that an additional turnaround
is required for every additional one thousand (1,000) feet in length
of roadway, the diameter of which shall be the same as that of a cul-de-sac.
A T-intersection may also be an acceptable if it allows for fire apparatus
turnaround.
7.
An adequate hard surfaced turnaround of not less than a one-hundred
(100) foot diameter right-of-way shall be provided at the closed end
of a dead-end street or cul-de-sac longer than one (1) lot in length.
The design of such large surface areas shall also be subject to the
requirements of the Zoning Order, such that storm water management
requirements are also met.
8.
Right-Angle Intersections. Under normal conditions, streets
shall be laid out to intersect, as nearly as possible, at right angles.
Where topography or other conditions justify a variation from the
right-angle intersection, the minimum angle shall be sixty degrees
(60°).
9.
Streets Adjacent To A Railroad Right-Of-Way, Limited Access
State Or Federal Highway. Where lots abut on railroad rights-of-way,
limited access freeways, or principal highways, on their front or
side boundaries, a marginal access street or frontage road may be
required parallel and adjacent to the boundary of such rights-of-way.
The distance from said rights-of-way shall be determined, with due
consideration, to minimum distance required for approach connections
to future grade separation.
10.
Half Streets. Dedication of half streets will not be approved,
except where it is essential to the reasonable development of the
subdivision and in conformity with the County requirements.
11.
Alleys. Alleys may be required in commercial and industrial
districts, and in certain residential areas. Dead-end alleys shall
not be permitted.
12.
Minimum Requirements. The right-of-way grades, horizontal curves,
and vertical curves for streets and alleys dedicated and accepted
shall not be less than the minimum for each classification as follows:
a.
Street Design Table.
|
Street Design Standards
| ||||
|---|---|---|---|---|
|
Zoning Designation
|
AG, R-R, R-S, R-1, R-2, R-3 and M-P
| |||
|
Arterial
|
Collector
|
Local
| ||
|
Min ROW width
|
100 ft
|
80 ft
|
60 ft
| |
|
Min radii of horiz. curves
|
500 ft
|
380 ft
|
270 ft
| |
|
Min sight distance on vertical curves
|
350 ft
|
350 ft
|
200 ft.
| |
|
Min distance between points of access*
|
350 ft.
|
200 ft.
|
n.a.
| |
|
Max gradient (note 1)
|
5%
|
7%
|
10%
| |
|
Note 1: Absolute minimum gradient on a street shall be one-half
percent (0.5%) and one percent (1%) where practical.
| ||||
|
Cul-de-sacs
| ||
|---|---|---|
|
Min ROW width
| ||
|
Max radii of paved circle
|
50 ft
| |
|
Max gradient
|
10%
| |
|
Min ROW width for:
| ||
|---|---|---|
|
Frontage Roads
|
60 ft
| |
|
Alleys
|
20 ft
| |
|
Pedestrian Way
|
10 ft
| |
|
Zoning Designation
|
C-1, C-2, I-1, I-2 and I-3 street requirements are to be determined
by project needs prior to a zoning action
| |
|
International Transportation Engineers, Transportation and Land
Development Manual is used by reference by the County
| ||
b.
Street Design Standards Based on Lot Size.
|
Minimum Lot Size equals
|
Minimum Paving Width
|
Min Paving Width Without Curbs
|
Min Shoulder Width
Collector and Local
|
Paving Type
Collector and Local
| ||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Collector Curbs
|
Local Curbs
|
Gutters
|
Back to Back of Curb
| |||||||
|
Arterial
|
Collector
|
n.a.
|
Collector
|
Local
| ||||||
|
More than 5 acres
|
n.a.
|
option
|
n.a.
|
n.a.
|
n.a.
|
28 ft
|
32 ft
|
24 ft
|
4 ft.
|
D or E (2), (3)
|
|
More than 3 acres
|
option
|
option
|
option
|
36 ft
|
36 ft
|
28 ft
|
32 ft.
|
24 ft
|
4 ft.
|
A, B, C (4)
|
|
Less than 3 acres
|
6 inch vert.
|
Low Rise
|
Yes
|
36 ft
|
36 ft
|
28 ft (1)
|
(1)
|
(1)
|
4 ft. (1)
|
A, B, C
|
|
Less than 22,000 sf.
|
(1)
|
(1)
|
(1)
|
36 ft
|
36 ft
|
28 ft (1)
|
(1)
|
4 ft.(1)
|
A, B, C
|
|
Note 1: Determined on a project basis by the County
based on Clean Water Act BMPs.
|
|
Note 2: Arterial streets directly connecting to an
existing asphalt or concrete shall have
|
|
Note 3: Streets in subdivisions with lots of 5 acres
or larger shall have a compacted base and be surfaced with chip and
seal methods in conformance with County Road and Bridge standards.
|
|
Note 4: In projects utilizing low impact development
features, Type F paving.
|
13.
Additional Requirements. When existing or anticipated traffic
on arterial and collector streets warrants greater widths of rights-of-way,
the additional width shall be dedicated.
14.
Street Alignment. On streets with reverse curves, an appropriate
tangent shall be provided between curves to permit a smooth flow of
traffic.
15.
Intersections. Local non-aligned intersections shall be spaced
at a minimum offset of one hundred fifty (150) feet (centerline to
centerline).
16.
Surface Standards.
Type A — Six (6) inch Portland cement concrete
over six (6) inch subgrade compacted at ninety-five percent (95%)
of standard maximum density.
Type B — Two (2) inch Type (3) asphaltic concrete
with six (6) inch Type (1) asphaltic concrete base course and six
(6) inch subgrade compacted at ninety-five percent (95%) of standard
maximum density.
Type C — Three (3) inch Type (3) asphaltic concrete
with five (5) inch stabilized aggregate base and six (6) inch subgrade
compacted at ninety-five percent (95%) of standard maximum density.
Type D — Two (2) inch Type (3) asphaltic concrete
with ten (10) inch Type (1) asphaltic concrete base course and six
(6) inch subgrade compacted at ninety-five percent (95%) of standard
maximum density.
Type E — Improved drainage on both sides, and
a base with chip and seal surface coating to meet standards of County.
Type P — Pervious paving as defined by Clean
Water Act - Best Management Plan standards from State or EPA and acceptable
to the County.
17.
All streets shall be designed to the Kansas City Metro APWA
Standard Specification and Design Criteria.
18.
Subdivisions comprised of lots three (3) acres in size or smaller
shall be no further than one-half (1/2) mile from a paved County or
State maintained road. If this access road to the subdivision is a
County maintained road, the existing road conditions shall be reviewed
by the Road and Bridge Department prior to acceptance of an application
for a Preliminary Plat. Recommendations for any improvements, the
cost of such improvements, and the share in that cost by the subdivider
shall be provided to the subdivider prior to acceptance of an application
for a zoning action. Generally, the subdivider shall participate in
the improvement of this access roadway in relationship to the volume
and intensity of traffic expected to be generated by the proposed
subdivision when completed, as indicated in the Preliminary Plat,
in comparison to the total traffic using the roadway prior to any
further subdivision. The County Commission shall evaluate the conditions
of the County roads with a direct frontage on any boundary of the
proposed subdivision, as well as this access road condition in reaching
such decisions regarding participation.
19.
Local streets in rural subdivisions shall be dedicated to the
County unless the Commission specifically requires the streets to
be privately maintained.
20.
If a subdivision abuts a County road the surface of which shall
be improved to chip and seal, asphalt, asphaltic concrete or another
surface as specified by the County due to the volume or intensity
of traffic generated by the proposed zoning action. The applicant
shall be responsible for the improvements to and resurfacing of the
entire roadway for that portion of the road abutting the subdivision
as indicated in the Preliminary Plat. A determination shall be required
as part of a Preliminary Plat zoning action as to the proposed cost
and schedule. The applicant shall provide the improvements or may
elect to delay development of the subdivision.
F.
Plat And Survey Site Monument Requirements.
1.
All lot corners and deflection points shall be set with one-half
(1/2) inch diameter iron bars twenty-four (24) inches in length. All
boundary and block corners shall be five-eights (5/8) inch diameter
iron bars thirty-six (36) inches long.
2.
All block corners and all curve points in the street alignment
must be permanently set prior to acceptance of the plat drawing by
the County. Prior to any lot being sold, the total block must have
monuments and corners set for all lots. Block corners shall be set
a minimum of four (4) inches below the finished grade elevation.
3.
For boundary corners, all such monuments shall be placed in
the ground and encased within a concrete cylinder six (6) inches in
diameter and thirty (30) inches in length. The top elevation of such
cylinder shall be established to two (2) inches below the finished
grade elevation. The iron bar shall extend above the top elevation
of such cylinder no higher than two (2) inches. In the event of unusual
topography, all such monuments may be established upon the completion
of all grading or construction, provided, however, that a satisfactory
security for the actual placement of such monuments be first accepted
by the County.
4.
A minimum of two (2) benchmarks or monuments shall be placed
in each subdivision, located and installed as required by the County.
In subdivisions larger than forty (40) acres, one (1) benchmark shall
be installed for each additional twenty (20) acre area. The monument
shall be a three (3) inch brass cap set permanently in concrete, ten
(10) inches in diameter by twenty four (24) inches deep approved.
The elevation of the monuments shall be identified on each.
[Res. No. 07-06, Sub. Regs. Art.
6, 7-12-2007]
A.
Large Parcel Subdivisions. Plat drawings are required to define parcels
of land of forty (40) acres or less which are proposed to be divided
into smaller parcels for the purpose of sale. Prior to recording such
plats, the subdivider shall submit a copy of each plat to the Zoning
Department for review of the proposed Zoning Action in relation to
the Zoning Order and Subdivision Regulations. Conditions which are
related to the Flood Plain as regulated by the County under the National
Flood Insurance Program, the Federal Clean Water Act, the State Storm
Water Management Regulations and the Building Codes as adopted and
enforced by the County will be noted to the subdivider for his/her
consideration.
B.
Lot Split Plats. A Lot Split plat may be used to divide a previously
platted lot by metes and bounds description, commonly known as a lot
split zoning action, provided the subdivision of such lands meets
the Zoning Order and Subdivision Regulations in all other respects.
A Lot Split plat is a tool to expedite the review and approval process
for minor divisions of land in the rural areas of the County. This
process is not appropriate for development requiring the installation
of infrastructure or improvements on the property, or if in the judgment
of the Zoning Officer, the proposed zoning action requires additional
information and consideration by the Planning Board in order to protect
the unincorporated area within Cass County from untimely, premature,
or inappropriate land division or uses. Lot Split plats shall be considered
by the Planning Board in a public meeting as required in the Amendments
Article of the Zoning Order and these Regulations.
1.
Lot Split Procedures. A Lot Split plat shall not be approved
if:
a.
The lot has been previously split in accordance with these Regulations.
b.
A substandard size or shape of lot or parcel will be created.
c.
A lot shall only be divided one (1) time and by only one (1)
new dividing lot line, and cannot again be divided under the procedures
for a Lot Split, but will be considered as a subdivision and subject
to regulations as such, except that the dividing line between two
(2) adjacent parcels of land may be adjusted by the recording of a
new plat drawing without causing a Lot Split so long as no new parcel
or no parcel which does not conform to the Zoning Order or these Regulations
is thereby created.
d.
Such split will result in a tract or lot without a property
line providing direct access to a street.
e.
A new street or interior improvement is needed or proposed.
f.
A vacation of streets, alleys, setbacks lines, access control,
or easements is required or proposed.
g.
Such action will result in significant increases in service
requirements for utilities, schools, traffic control or streets; or
will interfere with maintaining existing service levels.
h.
There is less street right-of-way than required by the Subdivision
Regulations or the Cass County Comprehensive Plan, unless the required
dedication of additional right-of-way is waived by the County Commission.
i.
All easement requirements have not been satisfied.
2.
Application For Lot Split. Requests for a Lot Split shall be
made by the owner of the land in the form of an Application made to
the Zoning Officer. All lots produced by a lot split shall conform
to all standards of these Regulations and the Zoning Order. An application
for a lot split shall include documents as required by the Zoning
Officer and as described in the Amendment Article of the Zoning Order
and also include the following minimum submittals:
a.
Drawing made to a scale of the lots involved if there are no
structures thereon, or copies of a certified survey, signed and sealed
by a State registered land surveyor, of the lot(s) and the location
of the structure(s) thereon if structures are located on any part
of the lot being split.
b.
Description of the precise nature, and location of the property
including the recorded and legal description of the parent tract and
the new lot being proposed.
c.
Name, signature, and seal of the registered land surveyor or
other individual who prepared the drawing.
C.
Minor Subdivisions. To subdivide land into five (5) or fewer lots,
a Minor Subdivision procedure may be used to divide a parent tract
by metes and bounds description, provided the subdivision of such
lands meets the Zoning Order and Subdivision Regulations in all other
respects. A Minor Subdivision plat is a tool to expedite the review
and approval process for minor divisions of land in the rural areas
of the County. This process is not appropriate for development requiring
the installation of infrastructure or any other improvements within
the boundaries of the parent property, of if the proposed zoning action
requires additional information and consideration by the Planning
Board in order to protect the unincorporated area within Cass County
from untimely, premature, or inappropriate land division or uses in
the judgment of the Zoning Officer. Minor Subdivision plats shall
be considered by the Planning Board in a public meeting as required
in the Amendments Article of the Zoning Order.
1.
Minor Subdivision Procedures.
a.
Pre-Application. Prior to the making application for a Preliminary
and Final Plat, the subdivider shall contact the Zoning Officer to
determine:
(1)
Procedure and schedule for making applications;
(2)
Requirements regarding prior determination of the
design and capability of methods for handling septic waste and water
supplies for domestic and fire protection needs, management of the
flood plain, stream buffering and storm water, and improvements to
interior and adjacent roads and utility services that may be required;
(3)
Comprehensive Plan requirements for major streets,
land use, parks, schools, and public open spaces, including the responsibility
for traffic impact increases resulting from the proposed subdivision;
(4)
Zoning Order and Subdivision Regulation requirements
for the property in question and adjacent properties.
b.
A Minor Subdivision plat shall not be approved if:
(1)
Any substandard-sized lots or parcels will be created.
(2)
Such division of land will result in a lot or parcel
without a property line providing direct access to a street.
(3)
A new street, infrastructure or other improvements
is needed or proposed within the boundaries of the parent tract.
(4)
A vacation of streets, alleys, setbacks lines,
access control, or easements is required or proposed.
(5)
Such action will result in significant increases
in service requirements for utilities, schools, traffic control or
streets, or will interfere with maintaining existing service levels.
(6)
There is less street right-of-way than required
by the Subdivision Regulations or the Cass County Comprehensive Plan,
unless the required dedication of additional right-of-way is waived
by the County Commission.
(7)
All easement requirements have not been satisfied.
c.
Application for a Minor Subdivision shall be made by the owner
of the land in the form of an Application made to the Zoning Officer.
All lots produced by the subdivision shall conform to all standards
of these Regulations and the Zoning Order. An application for a Minor
Subdivision shall be processed in all aspects as a combined Preliminary
and Final Plat, as described below for subdivisions, and shall include
documents as required by the Zoning Officer and as described in the
Amendment Article of the Zoning Order and also include the following
minimum submittals:
(1)
Copies of a certified survey, signed and sealed
by a State registered land surveyor, of the lots and the location
of any structures existing thereon.
(2)
Description of the precise nature, and location
of the property and recorded and legal description of the parent tract
and the new lots being proposed.
(3)
Name, signature, and seal of the registered land
surveyor who prepared the drawing.
(4)
Topographic drawings indicating the elevations
of all of the lots.
(5)
A Storm Water Management Plan as defined in the
Zoning Order, describing the methods proposed for the management of
storm water reaching and exiting the parcels.
(6)
Engineered drawings indicating any construction
proposed on the property as part of the subdivision action, including
but not limited to any utilities or other improvements required by
these Regulations or the Zoning Order to service the proposed lots.
Improvements off the property shall be described as required by the
County in order to evaluate the overall impact of the application.
D.
Subdivisions. To subdivide land into two (2) or more lots, a Subdivision
process may be used to divide a parent tract by metes and bounds description
provided the subdivision of such lands meets the Zoning Order and
Subdivision Regulations in all other respects. A Subdivision plat
is a rezoning action involving two (2) separate steps, a Preliminary
Plat and a Final Plat, in order to provide for the review and approval
process as a conceptual application and a final, fully designed project
description. This process is required for development requiring the
installation of infrastructure or improvements, or if the proposed
zoning action requires additional information and consideration by
the Planning Board in order to protect the unincorporated area within
Cass County from untimely, premature, or inappropriate land division
or uses in the judgment of the Zoning Officer. Subdivision plats shall
be considered by the Planning Board in a public meeting as required
in the Amendments Article of the Zoning Order for both the Preliminary
and Final Plat.
1.
Preliminary Plat Application Procedures.
a.
Pre-Application. Prior to the making application for a Preliminary
Plat, the subdivider shall contact the Zoning Officer to determine:
(1)
Procedure and schedule for making applications;
(2)
Requirements regarding prior determination of the
design and capability of methods for handling septic waste and water
supplies for domestic and fire protection needs, management of the
flood plain, stream buffering and storm water, and improvements to
interior and adjacent roads and utility services that may be required;
(3)
Comprehensive Plan requirements for major streets,
land use, parks, schools, and public open spaces, including the responsibility
for traffic impact increases resulting from the proposed subdivision;
(4)
Zoning Order and Subdivision Regulation requirements
for the property in question and adjacent properties.
b.
Application For Preliminary Plat. Requests for a Preliminary
Plat of a Subdivision shall be made by the owner of the land in the
form of an Application made to the Zoning Officer. All lots produced
by the subdivision shall conform to all standards of these Regulations
and the Zoning Order. The application shall include documents as required
by the Zoning Officer and as described in the Amendment Article of
the Zoning Order, and include the following minimum submittals:
(1)
The proposed name of the subdivision, as approved
by the County.
(2)
The location of the boundary lines of the subdivision
and reference to the section or quarter section lines, and including
boundary lines of any interior phases of staged development planned
for the overall subdivision tract.
(3)
The names and addresses of the developer, and the
surveyor and/or engineer who prepared the plat.
(4)
Copies of a certified survey signed and sealed
by a State registered land surveyor, of the lots and the location
of any structures existing thereon.
(5)
Description of the precise nature and location
of the property and the recorded and legal description of the parent
tract and the new lots being proposed, including an appropriate address
for emergency purposes, as determined by the County.
(6)
Topographic drawings indicating the elevations
of all of the lots.
(7)
All existing sewers, culverts or other underground
utility installations, within the proposed subdivision or adjacent
thereto, with pipe sizes and manhole locations shown. All proposed
sewers, utility installations, and other improvements within or adjacent
to the proposed subdivision and each relevant phase being proposed
shall be indicated schematically.
(8)
The general arrangement of lots and their approximate
size for each phase being proposed.
(9)
Schematic location, width and name of proposed
platted streets or other public ways as approved by the County, railroads
and utility easements rights-of-way, parks and other public open spaces,
and permanent buildings within or adjacent to the proposed subdivision
shown on the Preliminary Plat.
(10)
A conceptual Storm Water Management Plan as defined
in the Zoning Order, describing the methods proposed for the management
of storm water reaching the parcels.
2.
Final Plat Application Procedures.
a.
Following an approval of the Preliminary Plat by the Commission,
the applicant subdivider shall submit a Final Plat for consideration
by the Planning Board. Final Plats must conform to the approved Preliminary
Plat and any phases included within it, the Subdivision Regulations,
the Zoning Order and the Cass County Comprehensive Plan.
b.
A Final Plat may be submitted for a portion of the area of the
Preliminary Plat, provided that such limited area was described in
the Preliminary Plat as a named phase. The remaining portion of the
area of the original Preliminary Plat may not be modified, developed
or constructed until such time as it has also completed a Final Plat
approval process.
c.
Requests for a Final Plat shall be made in the form of an Application
made to the Zoning Officer and as described in the Amendment Article
of the Zoning Order. The application shall include documents as required
by the Zoning Officer and include the following minimum submittals.
(1)
Certification from the appropriate water district,
fire district, Missouri Department of Natural Resources and Cass County
Health Department of their acceptance of the systems being proposed
for which they have regulatory authority.
(2)
A draft of the proposed covenants and any deed
restrictions proposed for the subdivision.
(3)
The final location of the boundary lines of the
subdivision and reference to the section or quarter section lines.
(4)
The final location, description and arrangement
of lots and their size, with lots clearly numbered and setback lines
and all easements shown and dimensioned.
(5)
Final location, width and name of proposed platted
streets or other public ways, railroads and utility easements rights-of-way,
parks and other public open spaces, parks, playgrounds, churches,
school sites, or other special uses of land to be considered for reservation
for public use within the proposed subdivision. A statement dedicating
all easements, streets, alleys and all other public areas not previously
dedicated to an ownership entity, such ownership shall include the
responsibility for management and maintenance of each of the improvements
or common spaces. Such ownership shall be subject to the approval
of the County.
(6)
Final topographic drawings indicating the elevations
of all of the lots.
(7)
Final Storm Water Management Plans as defined in
the Zoning Order, describing the methods proposed for the management
of storm water reaching the parcels.
(8)
A proposed schedule of the key events and additional
detailed information for each of the improvements proposed for the
project for purposes of establishing surety and compliance procedures.
(9)
Final plan of sewage disposal, water supply, and
utilities in areas where public sewers and/or water are proposed to
serve the subdivision, with appropriate details of the proposed construction.
(10)
The following certificates, which may be combined
where appropriate: a certificate signed and acknowledged by all parties
having any record, title, or interest in the land subdivided, and
consenting to the preparation and recording of the said subdivision
map and a certificate signed and acknowledged as above, dedicating
all parcels of land shown on the Final Plat and intended for any public
use except those parcels which are intended for the exclusive use
of the lot owners of the subdivision, their licensees, visitors, tenants,
and servants.
[Res. No. 07-06, Sub. Regs. Art.
7, 7-12-2007]
A.
Preliminary And Final Plat Approvals. The approval of a Preliminary
Plat does not constitute an acceptance of the subdivision, but is
deemed to be an authorization to proceed with the preparation of the
Final Plat. The approval of the Preliminary Plat shall only be effective
for a period of twelve (12) months, unless an extension is granted
by the Planning Board.
1.
A Final Plat may be submitted for a portion of the lots when
described as a named phase, with the intent that other portions of
the original Preliminary Plat area representing other phases may be
presented at a later submittal date as additional Final Plats for
sequential completion. The remaining portion of the area of the original
Preliminary Plat may not be developed or constructed until such time
as it has also completed a Final Plat process.
2.
If the Planning Board finds that the Final Plat as submitted
does not conform to the Preliminary Plat, as recommended for approval
by the Board, the requirements of the Cass County Master Plan, Zoning
Order or Subdivision Regulations or County Commission policy, the
specific grounds for recommending disapproval shall be made a matter
of record of the proceedings of the meeting and made available to
the applicant.
3.
If the Planning Board recommends approval of the submitted Final
Plat, and the Commission subsequently approves that Final Plat, a
certified copy with suitable signature locations and wordings shall
be prepared by the applicant and submitted to the Zoning Officer for
confirmation signatures. Once signed, the applicant may then record
the Plat, the Covenants and any additional documents with the Recorder
of Deeds. All conditions to approval of a subdivision by the Planning
Board or the Commission, or the acceptance of dedications of land
by the County Commission, shall be fully described on the Final Plat
or in the additional documents prior to the recording of the plat,
and such additional documents shall also be recorded. The information
and arrangement to be included on the recorded document shall be as
determined by the Zoning Officer.
4.
Provisions for the placement and acceptance by the County for
any required surety provisions related to all improvements within
and adjacent to the subject property shall have been executed and
confirmed prior to the submission of the Final Plat for confirmation
signatures.
5.
If a Final Plat for any phase is not recorded within twelve
(12) months from the date of approval by the County Commission of
that specific Final Plat, the approval will expire and the plat shall
be resubmitted for approval as if it were a new phase Final Plat with
a new filing fee. The subdivider may request an extension of this
time period, and upon the showing of sufficient cause the County Commission
may extend the time limit.
6.
If a Final Plat for any part of the area covered by the Preliminary
Plat has not been submitted for approval within four (4) years of
the submittal date of the Preliminary Plat, a new preliminary plat
must be resubmitted as a wholly new application.
7.
The Recorder of Deeds shall not file a plat for land located
within any area governed by subdivision regulations as provided by
law until such plat bears the endorsement hereinbefore provided.
