Taney County Subdivision Regulations
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TANEY COUNTY, MISSOURI
SUBDIVISION
REGULATIONS
Formerly Referred to as Section 5 (Subdivision of Land), Section 6
(Plats) and Appendix H (Requirements for Plats) of the Taney County
Development Guidance Code
TANEY COUNTY, MISSOURI
SUBDIVISION REGULATIONS
Taney County Commission
Ron Houseman, Presiding Commissioner
Jim Strafuss, Western District Commissioner
Danny Stahan, Eastern District Commissioner
Taney County Planning Commission
Shawn Pingleton, Chairman (Branson Township)
Rick Treese, Vice Chairman (Swan Township)
Steve Adams (Beaver Township)
Ray Edwards (Cedar Creek Township)
Ronnie Melton (Scott Township)
Dave Stewart (Jasper Township)
Rick Caudill (Oliver Township)
Randy Haes, Road & Bridge Acting Administrator
Taney County Planning and Zoning Staff
Bob Atchley Bonita Kissee
Planning Administrator Administrative Assistant
Scott Starrett Marla Pierce
Division I & II Inspector / Secretary
On-Site Wastewater Inspector
Michael Cole
Water Quality Lab Technician
SUBDIVISION REGULATIONS
TANEY COUNTY, MISSOURI
TABLE OF CONTENTS
Article 1 General Provisions …..………………………………………….… 1
Section 1 Title ............................................................................................................ 1
Section 2 Authority .………………………………………………………………. 1
Section 3 Policy and Purposes ……...……………………………………………… 2
Section 4 Enactment ………………………………………………..……………… 3
Section 5 Additional Requirements – Missouri Revised Statutes …………………. 4
Section 6 Jurisdiction ………………………………………………………….…… 4
Article 2 Definitions, Interpretation & Standards …………………….... 6
Section 1 Interpretation ……...……...……………………………………………… 6
Section 2 Conflict with Public & Private Provisions …………………………….… 6
Section 3 Effective Date and Reservations ...…………………….………………… 7
Section 4 Amendments …………………………………………..………………… 7
Section 5 Conditions ……………………………………………..………………… 7
Section 6 Resubdivision of Land ………………………………………………..…. 7
Section 7 Vacation of Plats ………………………………………………………… 8
Section 8 General Rules of Constructions …………………………………………. 9
Section 9 Definitions …………………………………………………………..….. 10
i
Article 3 Administration ……………………………………...…….…...…… 18
Section 1 Records …………………………………………………………...……. 18
Section 2 Enforcement, Violations and Penalties …..…………………………...... 18
Article 4 General Subdivision Platting Procedure ………...………...… 20
Section 1 Purpose ……………………….……………………………………….... 20
Section 2 Administrative Procedure ……………………..……………………….. 20
Section 3 Classifications ……………………………….……….………………… 21
Article 5 Administrative Minor Subdivisions ………………………..… 22
Section 1 Administrative Minor Subdivision Review ………….……………...…. 22
Section 2 Administrative Minor Subdivision Plat Contents ………...…………..... 23
Section 3 Administrative Minor Subdivision Approval Procedure ……………..... 25
Section 4 Administrative Minor Subdivision – Appeal of Denial ………………... 26
Article 6 Major Subdivision Required Submittals ……….…..………... 27
Section 1 Submittals Required ………………………………………………….… 27
Section 2 Sketch Plan ………………………………………………………...…… 29
Section 3 Preliminary Plat ……………..………………………………...……….. 31
Section 4 Engineer’s Report …………..…………………………………..……… 34
Section 5 Final Plat ……………………………………………………….………. 37
ii
Article 7 Plat Approval Process …………...…………………….…………. 42
Section 1 Preliminary Plat Approval ..……………………………….…………… 42
Section 2 Preliminary Plat Appeal of Denial ……………………………………... 43
Section 3 Construction Plans ………...…………………………………………… 44
Section 4 Final Plat Approval …………..………………………………..……….. 45
Section 5 Final Plat Review Procedure …………………………………………… 46
Section 6 Replatting ….……………………………………………...……………. 47
Section 7 Lot Splits …….……………………………………………………….… 47
Article 8 Required Improvements …………..………………..........……… 48
Section 1 Monuments and Markers for Major Subdivisions ..……………….…… 48
Section 2 Streets ……………………………………………………………...…… 48
Section 3 Wastewater Disposal …………………………………………………… 49
Section 4 Water Supply ….…………………………………………………….…. 50
Section 5 Storm Drainage ………………..……………………………………….. 50
Section 6 Security for Public Improvements …..……………….………………… 51
Section 7 Performance by the County of Developers Obligations ……………….. 51
Section 8 Maintenance ………………..………………………………………….. 52
Section 9 Acceptance of Improvements ………………………………………….. 53
iii
Article 9 Subdivision Design Criteria …………….…………………….… 54
Section 1 Compliance with the Road Standards and the Master Plan ………….… 54
Section 2 Streets ………………………………………………………...………… 54
Section 3 Lots …………..……………………………………...………………… 56
Section 4 Easements and Alleys …………….………………………...………….. 57
Appendix A Minor Subdivision Certificates & Endorsements …….…… 58
Appendix B Major Subdivision Certificates & Endorsements …….…… 61
Appendix C Itemized Cost Estimates for Public Improvements …..…… 64
iv
Taney County Subdivision Regulations
Article 1 – General Provisions
SUBDIVISION REGULATIONS
TANEY COUNTY, MISSOURI
ARTICLE 1. GENERAL PROVISIONS
Section 1. Title
The Development Guidance Code for Taney County Missouri was adopted on November
13, 1984 by order of the Taney County Commission pursuant to the authority granted by
the Legislature of the State of Missouri in Sections 64.800 through 64.900 of the Revised
Statutes of Missouri. The Development Guidance Code, in pursuance of the authority
granted by Section 64.875 of the Revised Statutes of Missouri, is henceforth amended
resulting in the removal and separation of the subdivision regulations formerly known as
Section 5 (Subdivision of Land), Section 6 (Plats) and Appendix H (Requirements for
Plats) of the Taney County Development Guidance Code. These regulations shall
hereafter be known, cited and referred to as the “Subdivision Regulations” of Taney
County, Missouri.
Section 2. Authority
By authority of the resolution of the Taney County Commission, adopted pursuant to the
powers and jurisdictions vested through Sections 64.815 through 64.830, Chapter 64,
Revised Statutes of Missouri, and other applicable laws, statutes, orders and regulations
of the State of Missouri and the County of Taney, the Planning Commission does hereby
exercise the power and authority to review, approve, and disapprove plats for subdividing
land within the unincorporated areas of the County which show lots, blocks or sites with
or without new streets or highways. By the same authority, the Planning Commission
does hereby exercise the power and authority to pass and approve the development of
platted subdivisions of land already recorded in the office of the County Recorder of
Deeds if such plats are entirely or partially undeveloped.
A. The plat shall be considered to be entirely or partially undeveloped if:
1. said plat has been recorded with the County Recorder of Deed’s
office without prior approval by the Planning Commission, or
2. said plat has been approved by the Planning Commission where
the approval has been granted more than three (3) years prior to
any application for a Division I or II permit, on the partially or
entirely undeveloped land.
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Taney County Subdivision Regulations
Article 1 – General Provisions
Section 3. Policy and Purposes
It is hereby declared to be the policy of Taney County to consider the subdivision of land
and the subsequent development of the subdivided plat as subject to the control of the
County pursuant to the official Master Plan of the County for the orderly, planned,
efficient, physical and economical development of the County. The existing and
proposed public improvements shall conform to and be properly related to the proposals
shown in the Master Plan, the capital budget and program of the County and it is intended
that these regulations shall supplement and facilitate the enforcement of the provisions
and standards contained in the Development Guidance Code and Master Plan of Taney
County.
A. These regulations are adopted for the following purposes:
1. To protect and provide for the public health, safety and general
welfare of the County.
2. To guide the future growth and development of Taney County in
accordance with the Master Plan that represents the most beneficial
use of private and public areas of the County, considering the
suitability of such areas and having regard for the use of land and
building development.
3. To provide for the proper location and width of streets, roads,
building lines, open space and recreation and to avoid undue
congestion of population.
4. To protect the character and the social and economic stability of all
parts of the County, especially the unincorporated areas thereof,
and to encourage the orderly and beneficial development of all
parts of the County.
5. To protect and conserve the value of land throughout the County
and the value of buildings and improvements upon the land, and to
minimize the conflicts among the uses of land and buildings.
6. To provide a guide to public policy and action in facilitating
adequate provision for transportation, water, sewerage, schools,
parks, playgrounds, recreation and other public requirements and
in the efficient provision of public facilities and services and for
private enterprise in building development, investment and other
economic activity relating to uses of land and buildings throughout
Taney County.
7. To provide the most beneficial relationship between the uses of
land and buildings and the circulation of traffic throughout the
County, having particular regard to the avoidance of congestion in
the streets and highways and the pedestrian traffic movements
appropriate to the various uses of land and buildings throughout
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Taney County Subdivision Regulations
Article 1 – General Provisions
the County, and to provide for the proper location and width of
streets and building lines.
8. To establish reasonable standards of design and procedures for
subdivisions and resubdivisions; to further the orderly layout and
use of land and to insure proper legal descriptions and proper
monumenting of subdivided land.
9. To limit development to an amount equal to the availability and
capacity of public facilities and services.
10. To prevent the pollution of air, streams and ponds; to assure the
adequacy of drainage facilities; to safeguard the water table; to
encourage the wise use and management of natural resources
throughout the County in order to preserve the integrity, stability,
and beauty of the community and the value of the land.
11. To preserve the natural beauty and topography of the County and
to insure appropriate development with regard to these natural
features.
12. To provide for open spaces through the most efficient design and
layout of the land including the use of average density in providing
for minimum width and area of lots while preserving the density.
Section 4. Enactment
In order that land may be subdivided in accordance with these purposes and policy, these
Subdivision regulations are hereby adopted.
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Taney County Subdivision Regulations
Article 1 – General Provisions
Section 5. Additional Requirements - Missouri Revised Statutes
Per the provisions of RSMo 137.185, should a property owner wish to divide land into
parcels less than one-sixteenth part of a section (40 Acres) a survey must be completed
and recorded, if the land in question cannot be described in aliquot parts of the U.S.
Public Land Survey System (i.e. Northeast Quarter of the Southeast Quarter of Section
24).
“In all cases where any person, company or corporation may hereafter divide any tract
of land into parcels less than one-sixteenth part of a section (40 acres) or otherwise, in
such manner that such parcels cannot be described in the usual manner of describing
lands in accordance with the surveys made by the general government, it shall be the
duty of such person, company or corporation to cause such lands to be surveyed and a
plat thereof made by a surveyor in the county where such lands are situated, which plat
shall particularly describe and set forth the lots or parcels of land surveyed, as
aforesaid; the lots and blocks shall be numbered in progressive numbers, and the plats
shall show the number, location and quantity of land in each lot, and the description of
the tract of land so divided; provided, that whenever it shall appear to the county
commission of the county in which any such tracts are situated that tracts or parcels of
land less than one-sixteenth of a section, and lying outside of the limits of any
incorporated city, town or village, have been conveyed without having been surveyed and
platted and the plat thereof recorded as herein provided, the commission may require the
county surveyor, by order of record, to survey and plat such tract or tracts of land and
record the plat so made, all of which shall be done at the expense of the owner of such
tracts of land at the time the survey is made.”
Section 6. Jurisdiction
A. These subdivision regulations shall apply to all subdivision of land;
located within the unincorporated areas of the County, which includes:
1. Any land, vacant or improved, which is divided or proposed to be
divided into two (2) or more tracts, lots, parcels, sites, units, plots
or interests, any of which contain less than ten (10) acres, for the
purpose of offer, sale, lease, or development, upon any and all
plans, terms and conditions, including resubdivision.
2. The division or development of land into two (2) or more tracts
which contain less than ten (10) acres, whether by deed, metes and
bounds description, map, plat or other recorded instrument.
3. The dedication of any public street.
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Taney County Subdivision Regulations
Article 1 – General Provisions
B. Exemptions
The following divisions of land are exempt from these regulations:
1. Transfers of authority of circuit court.
2. Transfers by testamentary instrument.
3. Voluntary partition of property acquired by inheritance, whether
testate or intestate.
4. Transfers of remainders resulting from the exercise of eminent
domain or threat thereof.
5. Transfers to cemeteries, provided that such cemetery complies
with the provisions of RSMo 214.
C. No land shall be subdivided within the unincorporated area of the County
until the subdivider or his agent shall have submitted a plat of the parcel to
the Planning Commission through its Executive Secretary, i.e., Planning
Administrator as designated by the County Commission and obtained
approval of the preliminary plat by the Planning Commission and until the
approved plat is recorded in the office of the County Recorder of Deeds.
No Division I Permit, Division II Permit or Certificate of Conformance
shall be issued for any parcel or plot of land which was created by
subdivision after the effective date of, and not in conformity with, the
provisions of these subdivision regulations. An exception has been made
for Administrative minor subdivisions of six (6) lots or less or replats
which may be approved administratively by the Planning Administrator.
No excavation of land or construction of any public or private
improvements shall take place or be commenced except in conformity
with the regulations.
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Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
ARTICLE 2. DEFINITIONS, INTERPRETATION and
STANDARDS
Section 1. Interpretation
In their interpretation and application, the provisions of these regulations shall be held to
be the minimum requirements for the promotion of the public health, safety and general
welfare.
Section 2. Conflict with Public and Private Provisions
A. Public Provisions
The regulations are not intended to interfere with, abrogate or annul any
other County Commission Order, rule or regulation, statute or other
provision of law. Where any provisions of these regulations imposes
restrictions, which differ from those imposed by any other provision of
these regulations or any other County Commission Order, rule, or
regulation or other provision of law, whichever provisions are more
restrictive or impose higher standards, shall control.
B. Private Provisions
These regulations are not intended to abrogate any easement, covenant or
any other private agreement, or restriction, provided that where the
provisions of these regulations are more restrictive or impose higher
standards or regulations than such easement, covenant or other private
agreement, or restriction, the requirements of these regulation shall
govern. Where the provisions of the easement, covenant or private
agreement, or restriction impose duties and obligations more restrictive or
higher standards than the requirements of these regulations, or the
determinations of the Planning Commission or the County Commission in
approving a subdivision or in enforcing these regulations, and such private
provisions are not inconsistent with these regulations or determinations
thereunder, then such private provisions shall be operative and
supplemental to these regulations and determinations made thereunder.
C. Separability
If any part or provision of these regulations or application thereof to any
person or circumstance is adjusted invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part,
provision or application directly involved in the controversy in which such
judgment shall have been rendered and shall not affect or impair the
validity of the remainder of these regulations or the application thereof to
other persons or circumstances. The Taney County Commission hereby
declares that it would have enacted the remainder of these regulations
even without any such part, provision or application.
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Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
D. Saving Provision
These regulations shall not be construed as abating any action now
pending under, or by virtue of, prior existing subdivision regulations, or as
discontinuing, abating, modifying or altering any penalty accruing or
about to accrue, or as affecting the liability of any person, firm or
corporation, or as waiving any right of the County under any section or
provision existing at the time of adoption of these regulations, or as
vacating or annulling any rights obtained by any person, firm or
corporation, by lawful action of the County, except as shall be expressly
provided for in these regulations.
Section 3. Effective Date and Reservations
These subdivision regulations have been adopted by resolution carried by not less than a
majority vote of the membership of the Taney County Commission, upon the
recommendation of the Taney County Planning Commission.
Section 4. Amendments
For the purpose of providing for the public health, safety and general welfare, the
County Commission may from time to time amend the provisions imposed by these
subdivision regulations. Public hearings on all proposed amendments shall be held by the
County Commission in the manner prescribed by law.
Section 5. Conditions
The subdivision of land is a privilege conferred upon the developer by the laws of the
State of Missouri and through these subdivision regulations. It is the developer who is
seeking to acquire the advantages of lot subdivision and upon him rests the duty of
compliance with reasonable conditions laid down by the Planning Commission for
design, dedication, improvement and restrictive use of the land so as to conform to the
physical and economical development of the County and to the safety and general
welfare of the future lot owners in the subdivision and of the community at large.
Section 6. Resubdivision of Land
A. Procedure for Resubdivision
For any change in a map of an approved or recorded subdivision plat, if
such change affects any street layout shown on such map, or area reserved
thereon for public use, or any lot line, or if it affects any map or plan
legally recorded prior to the adoption of any regulations controlling
subdivision, such parcel shall be approved by the Planning Commission
by the same procedure, rules and regulations as for a subdivision.
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Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
B. Procedure for Subdivisions Where Future Resubdivision is Indicated
Whenever a parcel of land is subdivided and the subdivision plat shows
one or more lots containing more than one acre of land, and there are
indications that such lots will eventually be resubdivided into smaller
buildings sites, the Planning Commission may require that such parcel of
land allow for the future opening of streets and the ultimate extension of
adjacent streets. Easements providing for the future opening and
extension of such streets may be made a requirement of the plat.
Section 7. Vacation of Plats
Any plat or any part of any plat may be vacated by the owner of the premises at any time
before the sale of any lot therein by a written instrument, to which a copy of such plat
shall be attached declaring the same to be vacated.
Such an instrument shall be approved by the Planning Commission in like manner as
plats of subdivisions. The County Commission may reject any such instrument which
abridges or destroys any public rights in any of its public uses, improvements, streets or
alleys. Such an instrument shall be executed, acknowledged or approved and recorded or
filed, in like manner as plats of subdivisions; and being duly recorded or filed shall
operate to destroy the force and effect of the recording of the plat so vacated, and to
divest all public rights in the streets, alleys, public grounds and all dedications laid out or
described in such plat.
When lots have been sold, the plat may be vacated in the manner herein provided by all
the owners of lots in such plat joining in the execution of such writing.
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Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
Section 8. General Rules of Construction
Certain words used in the regulations have been defined in this article. Where this is the
case, they shall have the meaning given in the applicable section of the article. Where
words have not been defined; the standard dictionary definition shall prevail. Where
there is doubt, the Planning Administrator shall have the right of interpretation. In
construing the meaning of the regulations, the following rules shall apply:
A. Words used in the present tense shall also include the future tense:
B. Words used in the singular number shall also include the plural, and
vice versa;
C. The word “shall” is mandatory;
D. The word “may” is permissive;
E. The words “used” or “occupied” shall be construed to include “intended,
designed or arranged to used or occupied”;
F. Where reference is made to the regulations, it shall be construed to mean
the regulations as originally passed and all subsequent amendments,
supplements and revisions.
Page 9
Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
Section 9. Definitions
Acreage
The area of a tract measured in acres (1 acre = 43,560 square feet).
Administrative Minor Subdivision
Any division of unplatted land in which not more than six (6) tracts will be created,
including any remainder proposed to be retained by the owner and which does not
follow the preliminary / final plat procedure in compliance with the requirements of
Article 5.
Administrator
The Taney County Planning Administrator
Alley
A passage or way affording generally a means of vehicular access to abutting properties
and not intended for general traffic circulation.
Applicant
The owner of land proposed to be subdivided, or his / her legal representative. Written
consent shall be required from the legal owner of the premises.
Block
A tract of land bounded by streets, or by a combination of streets and public parks,
cemeteries, railroad rights-of-way, shorelines of waterways, subdivision limits or
boundary lines of municipalities.
Bond
A form of security from a qualified insurance or bonding company guaranteeing the costs
associated with both the completion and maintenance of the required public
improvements. All bonds shall be approved by the County in any instance in which a
bond is required.
Building
Any structure built for the support, shelter, or enclosure of persons, animals, chattels,
or movable property of any kind.
Building Setback Line
A line or lines indicating the distance from the property line behind which all enclosed
portions of the building, including porches which have a roof, must be located.
Page 10
Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
Cartway
The portion of the street right-of-way designed for vehicular traffic, measured from back
of curb to back of curb where curbs exist. Where curbing does not exist, the
measurements are taken from edge of pavement to edge of pavement.
Commercial Property
Property or activity associated with a property established for the sole or main purpose of
salability and/or profitability. Such commercial activities include business, industry, and
trade.
Commission, County
The County Commission of Taney County, Missouri.
Common Area
Land which is dedicated or reserved by any owner(s) for private use by residents of the
subdivision, such as, but not limited to, recreation areas, green areas and community
centers.
Condominium
Real estate, portions of which are designated for separate ownership and the remainder
of which is designated for common ownership solely by the owners of those portions.
Real estate is not a condominium unless the undivided interests in the common elements
are vested in the unit owners.
Cul-de-sac
A street having one end open to traffic and being terminated at the other end by a
vehicular turnaround.
Curb and Gutter
A border of concrete or asphalt along the edge of a street which protects the edge of the
pavement and channels the flow of stormwater runoff.
Density
Calculated by dividing number of lots into area to be subdivided excluding road
rights-of-way.
Developer
Any person, firm, partnership, corporation, or other entity acting as a unit, subdividing
or proposing to subdivide land as herein defined.
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Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
Drainage Easement
An easement for use as a drainageway for stormwater runoff, and for constructing and
maintaining such drainageways, channels, storm sewers, stormwater detention facilities,
or other drainage works on, over, under, or across a tract of land together with all
appurtenances necessary for the proper conveyance or storage of stormwater runoff
together with all and singular rights, privileges, appurtenances thereto belonging or in
anywise appertaining. Maintenance of drainage easements and drainage facilities located
within such easement, is the responsibility of the property owner. No alteration of grades
may be made within drainage easements without the written approval of the County.
Driveway
An area intended for the operation of automobiles and other vehicles from the street
right-of-way to a garage, parking area, building entrance, structure, or approved use
located on the property. Any dimensions relating to the width of a driveway surface shall
be measured at the right-of-way line.
Driveway Approach
An area intended for the operation of automobiles and other vehicles giving access
between a roadway and abutting property. The driveway approach includes the sum of
the curb returns on each side of the driving surface, plus the driving surface.
Joint Driveway
A driveway which provides access to a public street for more than one tract of land.
Duplex
A two-family residential use in which the dwelling units share a common wall (including
the wall of an attached garage or porch) and in which each dwelling unit has living space
on the ground floor and a separate, ground floor entrance.
Dwelling, Multi-Family
A dwelling or portion thereof designed, arranged or occupied as a residence by three or
more families or dwelling units having separate quarters and living independently of each
other.
Dwelling, Single-Family
A detached dwelling designed and intended for occupancy by a single family or living
group that functions as a single household.
Dwelling Unit
A building or portion of a building designed and used for residential occupancy by a
single Household. (This includes exclusive sleeping, cooking and sanitation facilities.)
Page 12
Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
Easement
A grant by the property owner for the public or private use of land for specific purposes
as noted on the plat or administrative minor subdivision.
Engineer
A registered professional engineer in the State of Missouri.
Frontage
Lot width requirement measured at lot line abutting road right-of-way, or at the setback
line on curved streets.
Frontage – Cul-de-sac
Lot width measured at building setback line.
Grid North
Reference for north based on the Geographic Reference System of Taney County,
Missouri, based on the Missouri Coordinate System of 1983, Central Zone.
Improvements
Physical, construction or changes, such as clearing, grading, street surfacing, curbs and
gutters, survey markers, sidewalks, crosswalks, culverts, bridges, water and sanitary and
storm sewer lines, and other utilities.
Ingress / Egress Easement
A grant by the property owner to a specific public agency or private entity of the right to
cross over a tract of land.
Legal Representative
A licensed attorney, an individual appointed by the court to administer the affairs of an
individual (copy to be supplied to the Department), individual holding Power of
Attorney (copy to be supplied to the Department), individual(s) who have been
designated by a notarized statement to act on the behalf of the property owner (copy to be
provided to the Department).
Linear Park Trail
A multi-use path which accommodates a variety of non-motorized transportation options
such as walking, cycling, skating, jogging, etc. Linear park trails are an element of the
greenway system and can be utilized for recreational purposes and as part of the off-street
transportation network.
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Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
Lot
A parcel of land identified by a number on a subdivision plat or survey recorded in
accordance with these regulations. A condominium unit shall be considered a lot for the
purpose of these regulations.
Lot, Corner
A lot located at the intersection of and abutting on two or more streets.
Lot, Double Frontage
A lot which has two non-intersecting sides abutting on two or more streets.
Lot, Footprint
A lot which is defined by the physical shape of the foundation of a structure.
Lot Split
A subdivision of a lot into two or more parcels.
Major Subdivision
Any division of land into lots or tracts less than 10 acres in size which does not fall
within the classification of administrative minor subdivision.
Minor Subdivision
See Administrative Minor Subdivision.
Pedestrian Way
A right-of-way, dedicated to or set aside for public use, which cuts across a block to
facilitate pedestrian access to adjacent streets and properties.
Planning Commission
The Taney County Planning Commission.
Plat – Final
The final plan or drawing and any accompanying required data or information which is
submitted to the Planning Administrator for final approval of a proposed subdivision and
recording with the County Recorder of Deeds.
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Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
Plat – Preliminary
The preliminary or tentative plan, map or drawing on which the layout and design of a
proposed subdivision is submitted to the Planning Administrator for consideration and
tentative approval.
Property Description
Description of a lot, tract or parcel by metes and bounds, by reference to a plat or by
reference to government survey.
Public Improvements
Those things that are constructed, installed, or performed on public land, or on land
that is to become public in the subdivision process, including but not limited to street and
alley pavement, curbs, storm drainage facilities, sidewalks, sanitary sewers and water
lines, and including the grading of such land.
Public Sewer
Any sanitary sewer or wastewater system or part of such a system, which is owned,
maintained and operated by either an incorporated area of Taney County or the Taney
County Regional Sewer District.
Real Property
Land that is owned by a person, entity or organization.
Regulations
The Subdivision Regulations of Taney County, Missouri.
Replat
A final plan or drawing and any accompanying required data, the purpose of which is to
re-subdivide lots, revise lot lines, easements or other features on a previously recorded
subdivision plat, subject to administrative approval.
Right-of-Way
Area dedicated to provide for streets (and roads).
Sanitary Sewer Easement
An easement for the purpose of constructing and maintaining a sanitary sewer together
with all and singular rights, privileges, appurtenances, and immunities thereto belonging,
or in anywise appertaining.
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Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
Sidewalk
A walk for pedestrians at the side of a street.
Sketch Plan
A drawing of the proposed layout for a tentative development as set forth in Article 6,
Section 2.
Street
The full width between the property lines bounding every way of whatever nature
for the purpose of vehicular traffic, whether designed as a street, highway, freeway,
expressway, thoroughfare, parkway, road, avenue, boulevard, lane, place, circle or
however otherwise designed.
Street Median
Area separating opposing lanes of traffic which may consist of but is not limited to,
open space or concrete structures.
Street, Private
Street under private ownership, control and maintenance. Requires covenants approved
by the Planning Administrator to provide for maintenance.
Subdivision
The division of any tract of land into two or more tracts, any of which contains less than
ten (10) acres or which involves public street dedication which includes any tract of land
divided by means of a plat created under these regulations into legal tracts of record and
any tract divided by an administrative minor subdivision.
Surveyor
A (registered) Professional Land Surveyor in the State of Missouri.
Tract
A defined area of land.
Utility Easement
A grant by the property owner to public or private utility providers, of the right to
construct, operate, and maintain lines, poles, wires, cable, fixtures, and appurtenances
for the distribution and transmission of natural gas, water, electric power, telephone, fiber
optic cable and other communications on, over, under and across a tract of land.
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Taney County Subdivision Regulations
Article 2 – Definitions, Interpretation and Standards
Walkway
An element of the off-street pedestrian system similar to a sidewalk which may or may
not be located within a public or private street right-of-way. Walkways provide
pedestrian access between adjacent streets, residential developments, shopping or
employment centers, parks, schools or other public facilities.
Watercourse
A watercourse is land which has conformation so as to give to surface water flowing
from a tract of land to another tract of land, a fixed and determinate course so as to
uniformly discharge it upon the servient tract at a fixed and definite point. It shall
include but shall not be limited to ravines, swales, sinkholes or depressions of greater
or lesser depth extending from one tract and so situated as to gather up the surface
water flowing upon the dominate tract and to conduct along a definite course to a
definite point of discharge upon the servient tract. It shall not be deemed to be
important that the force of water flowing from one tract of land to another has not
been sufficient to wear out a channel or canal having definite well-marked sides or
banks. If the surface water, in fact, uniformly or habitually flows over a given
course, having reasonable limits as to the width of the line of its flow, it shall be
considered to have a definite course.
Page 17
Taney County Subdivision Regulations
Article 3 – Administration
ARTICLE 3. ADMINISTRATION
Section 1. Records
A. The Planning Administrator shall maintain an accurate record of all
subdivisions and supplementary data pertaining to same and of the
findings, decisions and recommendations in relation to such subdivision,
which records shall be maintained in the office of the Planning
Administrator.
B. The Planning Administrator shall report all administrative approvals to the
Planning Commission on an annual basis.
Section 2. Enforcement, Violations and Penalties
A. General
1. Violations of these regulations shall constitute a misdemeanor as
provided in Chapter 64.895, RSMo.
2. It shall be the duty of the Planning Administrator to enforce these
regulations and to bring to the attention of the County Prosecuting
Attorney any violations or lack of compliance herewith.
3. No property description of any subdivision governed by these
regulations shall be entitled to be recorded in the County
Recorder’s Office or have any validity until it shall have been
approved in the manner prescribed herein. In the event any such
unapproved property description is recorded, proceedings shall be
instituted to have such plat or deed declared invalid.
4. No owner or agent of the owner of any parcel of land shall transfer
or sell any land by reference to, exhibition of, or by use of a
subdivision description nor shall any person purchase such land
before such subdivision description has been approved by the
Planning Commission, in accordance with these
regulations, and filed with Taney County Recorder of Deeds.
5. The subdivision of any lot or any parcel of land by the use of
metes and bounds description for the purpose of sale, transfer, or
lease with the intent of evading these regulations, shall not be
permitted. All such described subdivisions shall be subject to all
of the requirements contained in these regulations.
6. Division I or II Permits shall not be issued for the construction of
any building or structure except where a subdivision description
has been approved in the manner prescribed herein.
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Taney County Subdivision Regulations
Article 3 – Administration
B. Violations and Penalties
Any person, firm or corporation who fails to comply with, or violates any
of these regulations shall be subject to a fine of not more than $1000.00
(one thousand dollars) or imprisonment in the County jail for a period not
exceeding one (1) year, or both, such fine and imprisonments, pursuant to
the provisions of Section 64.895 of the Revised Statutes of the State of
Missouri.
C. Civil Enforcement
Appropriate actions and proceedings may be taken by law or in equity
pursuant to Section 64.895, Revised Statutes of Missouri, to prevent any
violation of these regulations; to prevent unlawful construction; to recover
damages; to restrain; to correct or abate a violation; to prevent illegal
occupancy of a building, structure or premises. These remedies shall be in
addition to the penalties described above.
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Taney County Subdivision Regulations
Article 4 – General Subdivision Platting Procedure
ARTICLE 4. GENERAL SUBDIVISION PLATTING
PROCEDURE
Section 1. Purpose
It is the purpose of this article to outline the general subdivision platting procedure for
administrative minor subdivisions, lot line adjustments and major subdivisions.
Section 2. Administrative Procedure
In the administration of these regulations, the Planning Administrator shall:
A. Receive, officially accept, and review all applications for subdivisions
within the unincorporated area of Taney County.
1. Applications are not officially accepted until the appropriate
submittal forms and documentation are received by the
department.
2. Applications which are incomplete will not be processed by
Department personnel.
3. Notification of incomplete submittal shall be sent not more than
thirty (30) days from date stamped received.
B. Maintain current permanent files and records concerning all applications,
administrative minor subdivisions and major subdivisions.
C. Conduct inspections and review all applications for completeness and
substantial compliance with the Taney County Development Guidance
Code, the Taney County Subdivision Regulations, the Taney County
Floodplain Management Ordinance and the Taney County Road
Standards.
D. Insure that copies of the subdivision regulations are available for public
distribution.
E. Provide such technical and consultative assistance as may be required by
the Planning Commission, the County Commission, and other County
agencies in the exercise of their duties relative to these regulations.
F. Perform such other duties and functions as required by these regulations.
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Taney County Subdivision Regulations
Article 4 – General Subdivision Platting Procedure
Section 3. Classifications
A. Administrative Minor Subdivision
Any division of unplatted land in which not more than six (6) tracts will be
created, including any remainder proposed to be retained by the owner and
which does not follow the preliminary / final plat procedure in compliance
with the requirements of Article 5, Section 3. In addition, an
administrative minor subdivision shall have the following characteristics:
1. Not more than six (6) tracts, less than ten (10) acres in size shall be
created, inclusive of any tract retained by owner and
2. The tract was lawful under these regulations at the time the
existing property description was recorded, or
3. The configuration of the property was created by a court decree or
order resulting from testamentary or intestate provisions, such
property configuration must be in compliance with any variance
granted by the Board of Adjustment, or
4. The configuration of the property is created by the assembly or
combination of existing tracts of record, not platted subdivision
lots.
5. Within platted subdivisions, a replat is required for any change of
easements, setback lines, increase / decrease in number of lots,
lot line, etcetera.
B. Major Subdivision
Any division of land into tracts less than 10 acres in size which does not
fall within the classification of administrative minor subdivision.
C. Replat
Within platted subdivisions, a replat is required for any change of
easements, setback lines, increase / decrease in number of lots, lot lines,
etcetera.
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Taney County Subdivision Regulations
Article 5 – Administrative Minor Subdivisions
ARTICLE 5. ADMINISTRATIVE MINOR SUBDIVISIONS
Section 1. Administrative Minor Subdivision Review
A. The Planning Administrator has the authority to approve administrative
minor subdivisions under the following circumstances:
1. If an existing tract / parcel is to be subdivided into not more than
six (6) tracts or parcels.
2. The tract was lawful under these regulations at the time the
existing property description was recorded, or
3. The configuration of the property was created by a court decree
or order resulting from testamentary or intestate provisions or had
a variance granted by the Board of Adjustment, or
4. The configuration of the property is created by the assembly or
combination of existing tracts of record, not platted subdivision
lots.
5. Within platted subdivisions, a replat is required for any change of
easements, setback lines, increase / decrease in number of lots,
lot line, etcetera.
B. Administrative Minor Subdivisions will follow the same review
procedures as final plats.
C. The Planning Administrator may approve an administrative minor
subdivision which will not result in substantial increases in public service
requirements nor interfere with the maintenance of existing services.
D. Where proposed tract(s) have access to public services (utilities, sanitary
sewer, roads) the Administrator shall consider whether lots created will be
consistent with those in the surrounding vicinity, including existing
subdivisions.
E. The Planning Administrator may approve an administrative minor
subdivision when the minimum lot area and lot frontage are in compliance
with the provisions of Article 9, Section 3 of these Regulations.
1. No more than six (6) tracts less than ten (10) acres shall be
created, inclusive of any tract retained by owner.
2. Additional right-of-way is required before future street / road
improvements can be satisfactorily provided; and
a. For tracts without direct access to a County road
satisfactory provision shall be made for access to the public
road.
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Taney County Subdivision Regulations
Article 5 – Administrative Minor Subdivisions
(1) An ingress / egress easement with a minimum width
of fifty (50) feet shall be recorded and indicated on
the land survey should said easement serve to two
(2) tracts.
(2) No lot or lot width shall be created by use of an
easement on lots that abut existing roads or use road
ROW for an easement.
3. No more than two (2) tracts of less the ten (10) acres may be
served by a fifty (50) foot wide ingress / egress easement, and
4. The granting of an administrative minor subdivision will not be in
conflict with the intent of the Taney County Subdivision
Regulations.
F. Upon the recording of an administrative minor subdivision, the owner may
convey property in accordance with the approved legal descriptions and
the applicable Division I and II permits may be issued.
G. Fee for Administrative Minor Subdivision
Refer to the fee schedule adopted by rule of the Taney County
Commission upon the recommendation of the Taney County Planning
Commission for the current fee.
Section 2. Administrative Minor Subdivision Plat Contents
A. The Planning Administrator shall require the recording of a boundary
survey, in accordance with the Current Minimum Standards for property
boundary surveys, showing each tract with monuments at each corner, the
certificate of approval and the certificate of ownership, with the following
information.
1. A title block giving the subdivision's name and the quarter-quarter
section; section, township and range; principal meridian; and
county of its location.
2. The exterior boundaries of the platted area giving lengths and
bearings of the boundary lines. If the subdivision is bounded by a
watercourse, a closing meander traverse of that boundary shall be
made and shown on the plat. Where curving boundaries are used,
sufficient data to establish the boundary on the ground shall be
given, including the curve radius, central arc, and arc length.
3. A notation of any adjoining plats or certificates of survey and ties
thereto.
4. The basis of bearings used and a north point.
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Taney County Subdivision Regulations
Article 5 – Administrative Minor Subdivisions
5. A scale not smaller than one inch (1") to two hundred feet (200').
6. All existing monuments found during the course of the survey,
including a physical description such as "brass cap."
7. All existing easements or rights-of-way, including those
contiguous to the platted area, their nature and width, and the book
and page number of their recording in the county's records.
8. All lots, blocks, rights-of-way, and easements created by the
subdivision, with their boundary, bearings, lengths, widths, name,
number, or purpose. For curved boundaries, the curve radius,
central angle, and length of arc shall be given.
9. All monuments set during the course of the survey (including a
physical description such as “rebar driven to a depth of…”), and
including appropriate witness monuments.
10. The area of all lots or parcels created by the subdivision and, in a
separate table or in the owner’s certificate, a summary of total
acreage, total acreage in lots, and total acreage in roads or other
dedicated parcels.
11. A vicinity map locating the subdivision within the section,
identifying adjoining or nearby plats or certificates of survey, and
showing prominent landmarks.
12. The owner’s certificate of consent, including a legal description of
the subdivision’s boundaries and the dedication of public ways or
spaces. This certificate shall be signed, dated, and notarized by the
owner.
13. The owner’s certificate shall include a reference to any covenants
that may be declared, and contain blanks where the Taney County
Recorder will enter the book and page number of their recording.
14. A certificate of consent from any and all mortgagors, lien-holders,
or others with real property interest in the subdivision. These
certificates shall be signed, dated, and notarized by the financial
institution.
15. A certificate showing the name and registration number of the
surveyor responsible for conducting the survey. This certification
shall be signed and dated.
16. Signature blocks prepared for the dated signatures of the Planning
Commission Chairperson and the Taney County Recorder.
17. Signature of a representative of 911 Administration showing
approval of road and lot assignments.
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Taney County Subdivision Regulations
Article 5 – Administrative Minor Subdivisions
Section 3. Administrative Minor Subdivision Approval Procedure
A. The application for an administrative minor subdivision review shall be
filed on forms provided by the Planning Department. The Planning
Administrator shall require the following applicable accompanying
documents:
1. A Property Boundary Survey indicating all easements of record
which shall comply with the current Missouri Minimum Standards
for Property Boundary Surveys.
2. The permit application signed by the owner or legal representative.
3. A copy of the tax map which may be provided by the Planning
Department.
4. A copy of the recorded deed of ownership.
5. A driveway access permit must be attained from the Missouri
Department of Transportation for all new accesses off of State
Highways.
6. Any additional information, material and documents necessary to
determine compliance with all regulations of Taney County.
B. The Planning Administrator shall review the application, land
survey plats and related documentation and may submit said information
for review and comment to other agencies and departments as deemed
necessary.
C. The Planning Administrator shall, in writing, either approve or deny the
application within thirty (30) working days from date of submittal.
1. If approved, the appropriate forms and land survey plat, shall be
filed with the Recorder of Deeds.
D. If the application is denied, a letter shall be sent to the owner and / or
representative specifying reason(s) for the disapproval. This letter shall be
sent within thirty (30) working days from the date of submittal of request.
E. Submittal Date:
1. The submittal date is determined by the date in which all
applicable documentation has been received.
2. In the event a portion of the application is filed late, the date of
submittal shall be the date stamped on that portion which is
submitted late.
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Taney County Subdivision Regulations
Article 5 – Administrative Minor Subdivisions
Section 4. Administrative Minor Subdivision Appeal of Denial
A. In the event the Planning Administrator does not approve the request for
an administrative minor subdivision, the applicant may appeal to the
Planning Commission for approval.
B. Within thirty (30) days after the denial of an administrative minor
subdivision, the owner / applicant and / or representative shall submit a
written request appealing the denial of the administrative minor subdivision
by the Planning Administrator, requesting to be placed on the next available
Planning Commission agenda. Submittal deadlines shall comply with
calendar of submittals for public hearings.
C. The applicant and / or representative must be present to provide testimony
and answer questions with regard to the appeal.
D. The applicant’s appeal shall contain clear and concise language and be
submitted with a drawing showing the property boundary, dimensions
and lot lines, dimensions of proposed lots, and any easements or other
encumbrances of record. The Planning Administrator may require a
property survey.
E. The Planning Commission shall hold a public hearing on the final plat.
The Planning Commission shall review any recommendations from
agencies or officials, testimony and exhibits submitted at the public
hearing.
1. If approved, the Planning Commission shall express its approval
and state the conditions of approval, if any.
2. If denied, the Planning Commission shall express its disapproval
and its reasons therefore and instruct the Planning Administrator to
notify the applicant of the Commission’s determination.
3. In any case, a notation of the action taken and the reason therefore
shall be entered into the records of the Planning Commission.
F. If approved by the Planning Commission, the Planning Administrator shall
affix his or her signature to the Certificate of Approval on the plat.
G. If the request is disapproved, the applicant may appeal to the Board of
Adjustment within ninety (90) days after the Planning Commission’s
action.
H. Fee for appeal of denial of administrative minor subdivision. Refer to the
adopted fee schedule.
Page 26
Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
ARTICLE 6. MAJOR SUBDIVISION REQUIRED
SUBMITTALS
Section 1. Submittals Required
Any division of land into lots or tracts less than 10 acres in size which
does not fall within the classification of an administrative minor
subdivision is classified as a major subdivision.
All submittals shall be made to the Taney County Planning Department.
Required submittals are as follows:
A. Sketch Plan
1. Five (5) copies of the sketch plan.
2. One (1) copy of the sketch plan submittal form signed by the
preparer and applicant(s).
B. Preliminary Plat
1. Five (5) copies of the preliminary plat.
2. Five (5) copies of the engineer’s report.
3. One (1) copy of the signed preliminary plat submittal form signed
by preparer and applicant(s).
4. List of property owners within six hundred (600) feet of the
property boundary, prepared by the Planning Staff.
5. A notice will be sent to the neighboring property owners within
600’ of the property informing them of the proposed subdivision.
The Planning Staff prepares and mails the notices, at the expense
of the applicant.
6. Place the public notice within a local newspaper of general
circulation that is published at least (15) calendar days prior to
public hearing.
7. Application fee as defined by the adopted fee schedule.
C. Construction Plans for Required Improvements
1. Five (5) copies of the street plans.
2. Five (5) copies of the drainage plans.
3. One (1) copy of the final plat.
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Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
4. One (1) copy of the signed construction plan submittal form
signed by preparer and applicant(s).
5. Other Required Plans
The number of copies to be submitted will be specified by the
Planning Administrator.
D. Final Plat
1. Three (3) paper copies of the final plat.
2. One (1) copy of the signed final plat submittal form signed by
preparer and applicant(s).
3. Application fee (administrative approval) as provided by the
adopted fee schedule.
4. After obtaining approval by the Planning Department, submit:
a. Four (4) paper copies for recording, addressing, and
dissemination.
b. One (1) copy in an electronic format acceptable to the
Taney County Assessor’s Office.
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Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
Section 2. Sketch Plan
The sketch plan is intended to be conceptual in nature and, while accuracy and legibility
are essential, the submission of detailed finished plans are discouraged. Rather, the
material should provide sufficient information to determine general compliance with
the Development Guidance Code and the Subdivision Regulations. The sketch plan shall
be prepared by a qualified professional in accordance with this article.
A. Applicants are encouraged to discuss possible development sites and
issues with the Planning Administrator and/or staff prior to the submission
of a sketch plan.
B. The sketch plan may be drawn to an exact or approximate scale. The
sketch plan minimum drawing size shall be 24 x 36 inches. The following
items shall be included on the sketch plan:
1. Approximate boundary of the property showing approximate
dimensions.
2. Location map at a scale of 1” = 2000 feet to the inch showing:
a. Section, Township and Range
b. Quarter section lines.
c. Major roads within and adjacent to the section.
d. Major roads and streets labeled.
e. Location of subdivision, shaded.
3. Approximate north arrow and scale.
4. Existing topographic and physical features within five hundred
(500) feet of the site, including the following:
a. Topographic contours at a maximum interval of ten feet.
b. Drainage ways and water bodies.
c. Floodplains.
d. Sinkholes, springs, caves, and other significant karst
features.
5. Existing streets on and adjacent to the site including width of
rights-of-way.
6. Proposed street layout.
7. Proposed lot layout showing approximate frontage dimension of
each lot.
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Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
8. Development notes, including the following:
a. Proposed means of wastewater treatment and disposal.
b. Proposed water supply and supplier.
c. Other proposed utilities such as electricity, natural gas,
etc., and name of supplier.
9. Name and address of consultant.
C. The sketch plan shall be reviewed by the Planning Commission in
consultation with the Planning Staff during the next available Concept
Hearing. The sketch plan shall be reviewed for the following criteria:
1. Compliance with the Taney County Master Plan.
2. Compliance with the Taney County Development Guidance Code.
3. Compliance with the Taney County Subdivision Regulations and
Road Standards.
4. Compliance with regulations and policies concerning
environmental factors such as floodplain areas, drainage ways,
downstream flooding, sinkholes, caves, etc as found within the
Taney County Development Guidance Code and the Floodplain
Management Ordinance.
D. The Planning Administrator may submit the plan for the review and
comment of other agencies and departments as is deemed necessary.
E. The sketch plan
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Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
Section 3. Preliminary Plat
The preliminary plat is intended to be the development guide. It is more detailed in
nature than the sketch plan and shall provide sufficient information that affirms the
development’s compliance with the Development Guidance Code and the Subdivision
Regulations. The preliminary plat shall be prepared in accordance with this article.
A. Submittal of the Preliminary Plat
The preliminary plat and the engineer’s report Article 6, Section 1, shall
be filed with the Planning Department at least fourteen (14) days prior to
the Planning Commission Public Hearing.
B. Preliminary Plat Requirements
1. The preliminary plat shall conform to the sketch plan as modified
by sketch plan comments.
2. The subdivision layout shall conform to the Subdivision
Regulations and Master Plan.
3. The preliminary plat drawing size shall be 24” x 36”. To allow a
complete drawing on one page the Planning Administrator may
approve 36” x 48” or larger administratively.
4. The preliminary plat shall be drawn to a convenient scale no
greater than one hundred (100) feet to the inch which is an
increment of ten (10). To allow a complete drawing on one page
the Planning Administrator may administratively approve a scale
other than increments of ten (10).
5. The following information shall be shown on the preliminary plat:
a. Proposed subdivision name located at the top of the plat.
b. Name(s) and address(es) of all owners of the tract and the
authorized agent(s), if applicable.
c. Date of preliminary plat submittal.
d. North arrow based upon grid north and graphic scale.
e. Property description of area to be preliminary platted based
upon boundary survey prepared by a registered land
surveyor.
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Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
f. A listing of the following information:
- total acreage of the development
- total number of lots
- proposed land use
- smallest lot with lot number and area
- largest lot with lot number and area
g. Location map at a scale of 1” = 2,000 feet to the inch
showing:
1. Section, township, range.
2. Quarter section lines.
3. Major roads within and adjacent to section.
4. Major roads and Streets labeled.
5. Location of subdivision, shaded.
h. Property boundary based upon a survey prepared by a
registered land surveyor.
i. Floodplain boundaries as indicated on the FEMA Flood
Insurance Rate Maps (FIRM)
j. Topographic contours at maximum vertical intervals of
ten (10) feet except for steeply sloping land where other
intervals may be required as determined by the sketch
plan review.
Source of datum shall be one of the following:
1. National Geodetic Vertical Datum (NGVD) 1929,
2. North American Vertical Datum 1998,
3. Missouri Department of Transportation,
4. Other acceptable and recognized references.
k. Existing and physical features, including drainage ways and
water bodies; sinkholes, springs, caves, other significant
karst features; other physical features which may affect the
proposed development.
l. The names of all owners of all immediately adjacent
unplatted land and the names of all proposed or existing
subdivisions immediately adjacent to the plat boundaries.
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Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
m. The location and dimensions of all street rights-of-way,
utility easements, drainage easements, or other easements
existing within or adjacent to the tract boundaries, as well
as the distance from the centerline of adjacent streets to the
plat boundaries.
n. The location and dimensions of all existing streets, roads,
transportation facilities, utilities, water courses, storm
drainage facilities, and other significant features within one
hundred (100) feet of any part of the property proposed for
subdivision.
o. The approximate location and extent of existing structure
and tree masses within the property boundaries.
p. The full plan of development, including the following
information:
1. the location of all proposed streets, roads, rights-of-
way, easements, parks, playgrounds, and other
public areas and facilities, water supply, wastewater
facilities, and proposed lot lines,
2. the approximate dimensions of all lots with lots
numbered in an orderly manner,
3. all other areas designated for pertinent facilities,
public use or proposed to be dedicated or reserved
for future public use. All such areas shall be
labeled.
6. Where the preliminary plat covers only a part of the subdivider’s
entire holdings, a sketch of the proposed future street system of the
unsubmitted part shall be furnished. The street system of the
submitted part will be considered in light of adjustments and
connections with the future streets in the unsubmitted portion.
C. Fee for Preliminary Plat
Refer to the fee schedule established by rule of the Taney County
Commission upon the recommendation of the Planning Commission for
the current fee.
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Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
Section 4. Engineer’s Report
NOTE: Where maps and schematic plans are required in the engineer’s report, the
required information may be shown on the preliminary plat if the necessary level of
detail can be clearly shown.
A report signed and sealed by a registered engineer shall be submitted with the
preliminary plat. The report shall include the following items:
A. Stormwater Drainage
1. Drainage basin map(s) showing site boundary and off-site
drainage areas upstream of the site.
2. A tabulation of the drainage area and estimated peak flow for each
off-site area draining onto the site. Peak flows shall be estimated
assuming fully developed conditions in the drainage basin.
3. A schematic layout of the proposed stormwater drainage system
including proposed modifications to floodplains or floodways,
detention facilities, drainage channels, storm drains, location of
inlets, and other principal components of the proposed drainage
system.
4. A brief narrative of the proposed stormwater management plan,
including a schematic layout of the sediment and erosion control
measures and best management practices (BMPs) to be utilized
for stormwater quality, where required.
5. Location and size of drainage structures or constrictions located
within five hundred (500) feet [downstream] of the site. Location
and size of structure greater than five hundred (500) feet from the
site may be required if they can reasonably be expected to affect
the site.
6. Dentention
a. identify downstream areas with flooding problems (to a
point where additional runoff from the development no
longer can be expected to have a significant impact).
b. preliminary storage volume computations.
B. Water Supply and Supplier
1. Public Supply – Identify the water supplier and state any
limitations which the supplier may have in serving the proposed
development including fire protection needs, if applicable.
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Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
2. Private Supply – If wells are proposed, the type of wells
proposed as described in 10 CSR 23-1.030 shall be specified.
The approximate location of non-community and community wells
and a schematic plan of the proposed distribution system shall be
shown on the preliminary plat. Proposed plans for using shared
private wells shall be described.
C. Type of gas supply and name, address and telephone number of supplier,
if applicable. Where propane tanks are proposed on individual lots, it is
not necessary to name the supplier.
D. Electrical supply and name, address and telephone number of supplier.
E. Name, address and telephone number of telephone, cable television and
other proposed utility suppliers.
F. Wastewater Disposal
1. Subdivisions that are to be serviced by on-site wastewater treatment
systems and are seven (7) lots or greater, where each of the lots is
less than five (5) acres in size shall be reviewed by the Missouri
Department of Natural Resources. Missouri Department of
Natural Resources approval must be received by the Planning
Department prior to the Planning Commission Concept Hearing.
2. Major Subdivisions not requiring Missouri Department of Natural
Resources approval shall include, at a minimum, the following
information within the engineer’s report that is submitted to the
Taney County Planning Department:
a. A map showing soil types as shown on the USDA Soil
Survey for Taney County, Missouri superimposed on
the site plan.
b. A listing of soil types occurring on the site along with
limitations noted in the soil survey.
c. Location of any soil pits or boring which have been taken
on the site, along with the logs and description of the
findings.
NOTE: Where the soil survey indicates particularly severe
conditions, the Department may require that soil pits be
taken on all or any portion of the proposed lots before the
preliminary plat can be recommended for approval.
d. A map showing the underlying geologic formation(s)
superimposed on the site plan.
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Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
e. A map showing the location of any existing private or
abandoned wells within one hundred (100) feet of the site,
and any public wells within six hundred (300) feet of the
site.
f. A brief narrative describing the limitations of the site and
measures proposed to address the limitations, such as
setbacks from sinkholes, faults, etc. and possible alternative
on-site wastewater treatment systems.
G. Traffic Analysis / Street Capacity.
1. Estimated trips per day for each outlet from the proposed
developments in vehicles per day must be stated.
2. The types of traffic expected and the effects on the existing roads
must be described.
3. The traffic investigation must extend from the development to the
nearest arterial. Existing traffic counts may be estimated from a
study of the area served by the subject road, or by actually
counting vehicles consistent with good engineering practice.
4. The proposed and existing road system must be evaluated as to its
capacity. Offsite improvements may be required by the Planning
Commission depending on effects that additional traffic from the
development will have on the existing adjacent road system.
5. Each proposed street must be listed by name and classification.
The proposed right-of-way and design specifications must also be
listed.
H. A copy of the preliminary plat reduced to 8-1/2” X 11” sheet size.
I. Planning Data:
1. Area of development utilized by road right-of-way.
2. Area of development dedicated to open space.
3. Development density excluding right-of-way.
4. Area of the smallest lot.
5. Area of the largest lot.
6. Schematic diagram showing significant natural features such as a
stand of trees, sinkholes, rock outcroppings, springs, etc.
Page 36
Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
Section 5. Final Plat
A. Final Plat Requirements
1. The final plat shall be drawn to a convenient scale no greater than
one hundred (100) feet to the inch or less than ten (10) feet to the
inch. The scale used for the plat shall be an increment of ten (10).
The use of other scales must be approved by the Planning
Administrator.
2. Final plat sheet size shall be in compliance with the requirements
of the Taney County Recorder of Deeds. If the final plat is
drawn on more than one (1) sheet, a key map showing the location
of the various sections shall be placed on each sheet. More than
one (1) sheet for the final plat must be approved by the Planning
Administrator.
3. When the name of the final plat is different from that of the
approved preliminary plat, the preliminary plat name shall be
shown on the final plat.
4. State Plane Coordinate requirements. The property being
subdivided shall be tied to the Geographic Reference System of
Taney County, Missouri, based on the Missouri Coordinate
System of 1983, Central Zone. The final plat shall show state
plane coordinates on all controlling corners of the parent tract
boundary being subdivided, either directly or by means of a table.
Determination of state plane coordinates and the publication of
same shall comply with 4 CSR 30-16.050.
Page 37
Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
5. The following information shall be shown on the final plat:
a. Name of the subdivision. The name shall not duplicate the
name of any existing subdivision as recorded in the Taney
County Registry
b. Date of plat submittal.
c. Name(s) and address(es) of owner and developer(s).
d. Prominent north arrow based on grid north.
e. A listing of the following information:
- total acreage of the development
- the acreage of each isolated portion, if applicable
- total numbers of lots
- area and number of the smallest lot
- area and number of the largest lot
- date preliminary plat was approved *
- Book and page number of the source of title to the
property as contained in the records of the Recorder
of Deeds.
* on a replat use the date the final plat was recorded
f. Lot numbers in consecutive order, with reasonable
continuity between blocks. Where preliminary plats are
recorded in phases, lot numbers shall begin with lot number
one (1) in each phase.
g. Multiple phase subdivisions shall be named in succession,
i.e. 1st addition, 2nd addition, etcetera.
h. Dimensions for all lot lines. Bearings for all lot lines
except where lots are parallel with the centerline of
adjoining streets or a series of lot lines are parallel with one
another. It will be assumed that street centerline and lot
lines are same bearing unless specifically noted otherwise.
Dimensions shall be shown to the nearest one-hundredth
(1/100) of a foot. Bearings shall be shown to the nearest
second of an arc. Bearings shall be based upon grid north
as established by the Missouri Coordinate System of 1983,
Central Zone.
i. Ownership of all unplatted land immediately adjacent to
the development.
j. Names of all adjoining platted subdivisions.
Page 38
Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
k. Lot lines and lot numbers for adjoining platted lots.
Broken or half tone lines shall be used.
l. Location map at a scale of 1” = 2,000 feet to the inch.
1. section, township, range
2. quarter section lines
3. major roads within and adjacent to section
4. major roads and streets labeled
5. location of subdivision, shaded
m. Total width of existing rights-of-way and dimension from
right-of-way line to centerline of right-of-way.
n. Width of any additional right-of-way to be dedicated.
o. Dimensions of existing or proposed easements or other land
to be dedicated to the public or community use.
p. Boundary lines with dimensions and bearings which
provide a survey of the tract in compliance with the
standards as set forth by the State of Missouri.
q. Location of all existing and recorded streets and road
rights-of-way that intersect the tract boundaries.
r. Complete curve data for all curves included in the plat
including radius, central angle, tangent, arc length, long
chord length and long chord bearing.
s. Street centerlines with dimensions and bearings.
t. Street names and right-of-way. Right-of-way widths must
conform with the Taney County Road Standards. Street
names shall comply with the 9-1-1 addressing network.
u. Location, description, and reference datum for at least one
permanent benchmark, on or near site.
v. Location of all permanent and semi-permanent monuments,
including material, type and surveyor’s registration
number. (Notes regarding location and elevation are
acceptable.)
w. All required easements labeled as to their intended purpose.
x. Right-of-way triangles for street intersections.
y. All building setback lines.
Page 39
Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
z. Limits of all special districts such as the one hundred (100)
year floodplain.
aa. Minimum floor elevations for lots adjacent to drainage
easements. Floor elevations shall be based upon the
referenced subdivision benchmark and shall be shown in a
table labeled “Minimum floor elevations for stormwater”.
The surveyor may add the following note: “These
elevations are shown as required by Taney County and
provided by....(insert name of registered engineer) who
determined the elevations.”
bb. Minimum floor elevations for gravity sanitary sewer
service where required by the municipality or the Regional
Sewer District.
cc. Any amendments required by the Planning Commission.
dd. Notes: Please refer to the Appendix for examples which
can be modified as necessary
6. The following certificates, where applicable, shall be shown on the
plat: (Please refer to appendix for examples which may be
modified as necessary.)
a. Surveyor’s Declaration, with seal, by a registered land
surveyor to the effect that the survey and plat are accurate.
(See Appendix)
b. All owners of property that are included within the plat
shall sign the final plat.
c. A Statement of Dedication creating the subdivision and
dedicating the streets; easements for their intended
purpose; other common areas; and acknowledgment of the
same. (See Appendix)
d. Certificate of Approval by Executive Secretary of the
Planning Commission. (See Appendix)
e. Certificate of Taney County 911 Administrator.
f. Acknowledgment of Notary Public with name printed
under signature.
f. Dual jurisdiction plats. In the event a portion of a plat is
within the corporate boundaries of a city, town, or village
within Taney County, a statement of approval from the
city, town, or village will be required.
Page 40
Taney County Subdivision Regulations
Article 6 – Major Subdivision Required Submittals
7. The final plat will be accompanied by:
a. Restrictive covenants governing the use and maintenance
of all common areas, improvements, and facilities if
applicable, in a form acceptable to the Planning
Administrator in consultation with the Taney County
Counselor.
b. A security agreement (see Appendix B for standard
agreement) executed by a state or federally chartered bank
of savings and loan, a corporate surety which shall:
1. Run or be made payable to the County.
2. Be in an amount determined by the County, based
upon the recommendation of the Road and Bridge
Administrator and the Planning Administrator, to be
sufficient to complete the improvements and
installation in compliance with these regulations.
3. Specify the time for the completion of the required
improvements. Such time shall be satisfactory to
the County. When the improvements have been
completed and approved by the County, the
guarantee shall be released and returned. When a
portion of the required improvements have been
completed and approved by the County, a portion of
the bond commensurate with the cost of the
improvement may be released and returned. The
County may require engineer’s certification or other
inspection and certification necessary to satisfy the
County that the improvements have been
constructed substantially in accordance with plans
and specifications.
B. Fee for the Final Plat
Refer to the fee schedule established by rule of the Taney County
Commission upon the recommendation of the Planning Commission for
the current fee.
Page 41
Taney County Subdivision Regulations
Article 7 – Plat Approval Process
ARTICLE 7. Plat Approval Process
Section 1. Preliminary Plat Approval
A. Planning Commission Review
1. The Planning Commission will review the preliminary plat to
determine if it meets the standards as set forth in these regulations.
The Planning Commission may also discuss the plan with
appropriate officials of municipalities nearest to the subdivision.
The Planning Commission may table the preliminary plat to their
next scheduled meeting but shall not table for a longer period
except upon request of the developer.
2. Preliminary Approval
a. After the Planning Commission has reviewed the
preliminary plat, the report of the Taney County Planning
Administrator, any municipal protests or recommendations,
testimony and exhibits submitted at the public hearing, the
applicant shall be advised of any required amendments.
The Planning Commission shall approve, amend, or deny
the preliminary plat at the regular meeting of the Planning
Commission. The Planning Administrator shall specify in
writing to the developer or developers legal agent, the
action taken by the Planning Commission including any
amendments which will be required prior to filing a final
plat, or the reasons for denial.
b. Public Improvements – The Planning Commission may
require that all public improvements be installed and
dedicated prior to the recording of the plat. If the Planning
Commission does not require that all public improvements
be installed and dedicated prior to signing of the
subdivision plat by the Planning Administrator of Taney
County, the developer shall establish an appropriate
security to guarantee the completion of the required
improvements per the requirements of Article 9, Section 6
of these Subdivision Regulations.
Page 42
Taney County Subdivision Regulations
Article 7 – Plat Approval Process
Section 2. Preliminary Plat Appeal of Denial
A. In the event the Planning Commission does not approve the
request for a preliminary plat, the applicant may appeal to the Board of
Adjustment for approval.
B. Within thirty (30) days after the denial of a preliminary plat, the owner/
applicant and/or representative shall submit a written request to the
Planning Administrator, appealing the denial to the Board of Adjustment,
requesting to be placed on the next available Board of Adjustment agenda.
Submittal deadlines shall comply with calendar of submittals for public
hearings.
C. The applicant and/or representative must be present to provide testimony
and answer questions with regard to the appeal.
D. The applicant’s appeal shall contain clear and concise language and the
preliminary plat and any easements or other encumbrances of record.
E. The Board of Adjustment shall hold a public hearing on the preliminary
plat and shall review any recommendations from agencies or officials,
testimony and exhibits submitted at the previous public hearing.
1. If approved, the Board of Adjustment shall express its approval
and state the conditions of approval, if any, and instruct the
Planning Administrator to follow final plat procedures
culminating in the recording of the final plat when all requirements
have been met.
2. If denied, the Board of Adjustment shall express its disapproval
and its reasons therefore and instruct the Planning Administrator to
notify applicant of the Board’s determinations.
3. In any case, a notation of the action taken and the reason therefore
shall be entered into the records of the Board of Adjustment.
F. If approved by the Board of Adjustment, the Planning Administrator shall
follow all final plat procedures before the plat can be recorded.
G. If the request is disapproved, the applicant may appeal to the Circuit
Court within ninety (90) days after the Board of Adjustment action.
H. Fee for Board of Adjustment appeal.
Refer to fee schedule adopted by the Taney County Planning Commission
for current fee.
Page 43
Taney County Subdivision Regulations
Article 7 – Plat Approval Process
Section 3. Construction Plans
A. Construction plans for all required improvements must be completed
and approved by the various agencies having jurisdiction before the final
plat can be recorded.
B. All construction plans shall initially be submitted to the Planning
Department. The Planning Department shall distribute the plans to the
appropriate reviewing agency. After comments are received from the
reviewing agencies, revised plans may be re- submitted directly to the
reviewing agency.
C. The reviewing agency shall notify the Planning Administrator
in writing when the construction plans have been approved.
D. Street and road plans shall meet the requirements of the Taney County
Road Standards and must be approved by the appropriate Taney County or
Special Road District.
E. The sanitary sewer plans shall meet the requirements of the municipality
providing sewer service to the development and shall be reviewed and
approved as prescribed by the municipality.
F. Grading, sediment and erosion control plans, and stormwater drainage
plans shall meet the requirements of the Taney County Development
Guidance Code.
Page 44
Taney County Subdivision Regulations
Article 7 – Plat Approval Process
Section 4. Final Plat Approval
A. The final plat shall substantially conform to the approved preliminary
plat.
B. The final plat shall be submitted to the Planning Department for approval
and subsequent recording.
C. The Administrator may either approve the final plat, require changes in
writing, or refer the final plat to the Planning Commission. Required
changes shall be forwarded to both the developer and surveyor in writing.
(See Section 5 for final plat review procedures.)
D. The developer has the right to appeal the Administrator’s decision to the
Planning Commission. The appeal must be filed thirty (30) days prior to
the regular Planning Commission hearing.
E. A final plat shall be recorded within two (2) years of the date of approval
of the preliminary plat. The final plat may be submitted in phases with
each phase covering a portion of the approved preliminary plat. If the
final plat is submitted in successive phases the developer will have one
year after each phase to record the final plat for the next phase.
F. The Planning Commission in its discretion may grant an
extension of the time for plat submission if it finds that the conditions
on which the preliminary plat was approved have not changed
substantially. The Planning Commission may require changes
in the final plat to reflect changes in the regulations or changes in factors
upon which the approval of the preliminary plat was based.
Page 45
Taney County Subdivision Regulations
Article 7 – Plat Approval Process
Section 5. Final Plat Review Procedure
A. Three (3) paper copies (Refer to Article 6, Section 1)
B. County’s submittal form.
C. Administrative review fee. All other fees paid upon approval
for final plat submittal. Replats – also submit recording fee.
D. Review of Plat
1. The department may distribute the plat to various governmental
and utility companies for comment.
2. The department staff will review for compliance with the
Subdivision Regulations.
3. Reviews will be sent via fax, e-mail or mail to owner(s) /
developer(s) and consultant.
4. Consultant is to resubmit three (3) paper copies of the plat
reflecting the required changes. The Department will re-review the
plat and notify owner(s) / developer(s) and consultant of any
additional changes required.
5. When the plat is found to be in conformance with all requirements
of all reviews, the owner(s) / developer (s) and consultant are
notified that they may submit one four (4) paper copies.
6. Before a plat may be recorded, all real estate taxes due on
December 31st of prior calendar year (assessment year) must be
paid. The certificate must be signed by the Taney County
Collector of Revenue before the plat can be recorded.
E. To record a plat prior to the acceptance of all public improvements the
developer shall either install all of the required improvements or establish
a Performance Bond and a Maintenance Bond from a qualified insurance
or bonding company to guarantee the cost for the completion of the
required public improvements per the requirements of the Security for
Public Improvements Section of the Taney County Road Standards.
F. Covenants shall be required for subdivisions which have common area(s)
and shall be approved by the Taney County Counselor prior to the
recording of the subdivision plat.
Page 46
Taney County Subdivision Regulations
Article 7 – Plat Approval Process
Section 6. Replatting
A. A replat shall follow the same procedures as a final plat.
B. A replat shall be required in order to change any feature on a subdivision
lot including, but not limited to
1. an easement,
2. setback line,
3. lot line,
4. increase / decrease number of lots.
It is anticipated that recently recorded final plats will have an
approximate fifteen (15) day review time.
C. A replat which creates more than six (6) tracts shall require review as a
new plat.
D. A replat which requires construction of public improvements including,
but not limited to
1. roads,
2. sewer mains,
3. gas / water / electric main distribution lines,
E. Replats may reference recorded lot numbers within the subdivision or
may utilize a boundary survey.
F. Fee for replat.
Refer to fee schedule adopted by the Taney County Commission for the
current fee.
Section 7. Lot Splits
A. Lot splits and / or re-assemblage of a lot or lots shall be filed as replats.
B. Lot split(s) in recorded subdivisions may reference recorded lot number(s)
or may utilize a boundary survey.
Page 47
Taney County Subdivision Regulations
Article 8 – Required Improvements
ARTICLE 8. REQUIRED IMPROVEMENTS
Section 1. Monuments and Markers for Major Subdivisions
(More than six (6) lots)
A. Monuments shall be placed in accordance with State of Missouri
minimum standards for property boundary surveys.
Section 2. Streets
A. Unless otherwise approved by the Planning Commission, all streets shall
be public streets.
B. Public streets shall be designed and constructed in accordance with the
Taney County Road Standards.
C. The street layout shall conform to the Taney County Master Plan and the
Taney County Road Standards.
D. Where the proposed subdivision adjoins an existing County road,
additional right-of-way shall be dedicated on the final plat. The width of
the additional right-of-way shall be determined per the requirements of the
Taney County Road Standards.
E. Street Names
1. Proposed streets which are continuations of, or in
alignment with, existing named streets shall bear the names
of such existing streets, unless otherwise approved by the
Taney County 911 Office.
2. The name of a proposed street which is not in alignment
with an existing street shall not duplicate the name of any
existing or platted street.
3. All names of streets proposed by the developer shall be
approved or disapproved by the Taney County 911 Office
in accordance with this Resolution.
F. Private Streets
1. Private streets shall be permitted only with the approval of
the Planning Commission.
2. Where private streets are permitted, the restrictive
covenants must contain provisions to assure maintenance of
the streets, sidewalks, and other common improvements.
Restrictive covenants must be approved by the Planning
Administrator and must be recorded with the final plat.
Page 48
Taney County Subdivision Regulations
Article 8 – Required Improvements
3. Only local streets may be designated as private streets.
4. Private streets shall be constructed in accordance with
Taney County Road Standards. Any private street located
within an ingress / egress / utility and drainage easement
shall have the same width as the right-of-way provided for
local streets in the Taney County Road Standards.
G. Driveway
a. For administrative minor subdivision a private driveway,
exempt from any construction standards, will be allowed to
serve no more than two (2) tracts which have no public
road frontage.
b. Driveways providing sole access to tracts, without public
road frontage, shall be located within a recorded ingress /
egress easement with a minimum width of fifty (50) feet.
c. All new driveway approaches that directly access any
County roads shall be installed per Taney County Road
Standards.
d. All commercial or industrial tracts of land shall be served
by a public road.
e. A joint driveway that serves no more than two (2) tracts
must have a sign that meets the requirements of the Taney
County Road & Bridge Department. Signs shall be paid for
by the developer but shall be installed by the Taney County
Road & Bridge Department.
f. The Taney County Road & Bridge Department must review
proposals that directly access any County roads.
Section 3. Wastewater Disposal
A. Subdivisions proposed with lots, any of which contain less than two (2)
acres shall be connected to a public or central sewer collection system.
B. Wastewater disposal systems shall be provided in accordance with the
approved engineering report and a construction permit must be obtained
from the applicable wastewater system permitting entity (i.e. MoDNR,
Taney County Regional Sewer District or Missouri State Department of
Health and Senior Services / Taney County Planning Department.
Page 49
Taney County Subdivision Regulations
Article 8 – Required Improvements
Section 4. Water Supply
A. The subdivision shall be provided with a complete water supply and
distribution system, connected to a municipal water supply, public water
supply district, community water supply or a single well and distribution
system meeting the requirements of the Missouri Department of Natural
Resources and Missouri Department of Health and Senior Services.
B. Where the water supply is adequate for use with fire hydrants, fire
hydrants shall be required at intervals no greater than six hundred (600)
feet.
Section 5. Storm Drainage
A. Storm Drainage System
Subdivisions shall be provided with a storm drainage system consisting of
natural watercourses, constructed drainage channels, storm drain inlets
and piping, bridges and culverts, capable of:
1. Conveying stormwater runoff through the subdivision without
unreasonable risk of damage to structures, roads and utilities due
to inundation by floodwaters or erosion of the soil by floodwaters;
B. Stormwater Detention
Construction of buildings, parking lots, and other impervious surfaces
results in an increase in both the rate and volume of runoff, which may
create harmful effects on properties downstream. In order to minimize
these effects, stormwater detention may be required.
C. Erosion and Sediment Control
Measures shall be provided to minimize erosion and discharge of
sediment through the design of erosion and sediment controls designed in
accordance with the provisions of the Taney County Development
Guidance Code.
D. Best Management Practices for Water Quality Protection
Best Management Practices (BMPs) for water quality protection shall be
provided in watersheds as required by the County. Water quality
protection measures shall be designed in accordance with the Taney
County Development Guidance Code.
E. Drainage easements shall be provided encompassing all land inundated
by the runoff from a storm having a 100-year recurrence interval under
fully developed conditions. All components of the storm drainage system,
including detention basins, shall be contained in a drainage easement.
Page 50
Taney County Subdivision Regulations
Article 8 – Required Improvements
Section 6. Security for Public Improvements
Installation of required public improvements in a development or any phase of a
development shall be required or guaranteed by any one of the following methods:
A. The developer shall install all of the required improvements prior to the
approval and subsequent recording of a final plat.
B. The Planning Commission shall require that all public improvements be
installed and dedicated prior to the Planning Administrator authorizing the
recording of the final plat.
C. Security for Public Improvements
Should the Planning Commission determine it to be unreasonable to
require the permit recipient to comply with all of the requirements of these
Regulations with respect to the installation and dedication of all public
improvements before the filing of the final plat, the permit recipient shall
establish a Performance Bond from a qualified insurance or bonding
company, an Irrevocable Letter of Credit from a certified lending
institution or cash bond, utilizing a form approved for use by the Planning
Department to guarantee the cost for the completion of the required public
improvements. The amount of the security shall be established by the
following method:
1. The permit recipient shall submit detail plans and drawings of the
development(s) with an itemized cost estimate for public
improvements (see Table 1 for standard cost estimate form), the
amount of security to guarantee the completion of the required
public improvements shall be established by the Planning
Administrator in an amount sufficient to pay the estimated cost of
the required public improvements plus ten percent (10%).
Section 7. Performance by the County of Developer’s Obligations
Should the developer fail to perform the developer’s obligation to construct and correct
defects in public improvements as required by the Taney County Road Standards, the
Taney County Subdivision Regulations, the Taney County Development Guidance Code
or any other County regulations or requirements, the County may liquidate any
performance security in the County’s possession and use the proceeds to construct or
correct the improvements in whole or in part as the County in its sole discretion deems
appropriate.
A. The developer is to pay all costs if defective. Notwithstanding the amount of the
Subdivision Performance Bond, Irrevocable Letter of Credit or cash bond, the
owner of the subdivision shall pay all costs that Taney County actually incurs in
designing and constructing improvements or correcting defects in any
improvements the developer is required to install pursuant to the Taney County
Page 51
Taney County Subdivision Regulations
Article 8 – Required Improvements
Subdivision Regulations but which the developer fails to design, construct or
maintain free from defects in accordance with the Road Standards. If the amount
of money is insufficient to pay all such costs, the developer shall reimburse the
County for the remainder within thirty (30) days of the County sending a bill for
the balance due.
B. The attorney’s fees are to be paid. Should Taney County be required to institute
proceedings in court in order to collect any sum due under these Subdivision
Regulations or to enforce the provisions of the developer’s subdivision
Performance Bond, Letter of Credit, cash bond or to collect on the security
pledged in support of said bond or letter of credit, the County shall be entitled to
collect reasonable attorney’s fees it incurs, regardless of whether the attorney is
engaged by the County on a part or full-time basis.
Section 8. Maintenance
The recipient of any permit, or his successor, shall be responsible for maintaining all
common areas, improvements, or facilities required by either these Regulations or the
Taney County Road Standards, except those areas, improvements, or facilities with
respect to which an offer of dedication to the public has been accepted by the appropriate
public authority. As illustrations, and without limiting the generality of the foregoing,
this means that private roads and parking areas, stormwater detention basins and drainage
easements, water and sewer lines, and recreational facilities must be properly maintained
so that they can be used in the manner intended, and required vegetation and trees used
for screening, landscaping, or shading must be replaced if they die or are destroyed. If
common open space, common improvements, stormwater detention basins, drainage
easements, or any streets or roads are not dedicated to and accepted for public use by the
County Commission, they shall be protected by legal arrangements, such as restrictive
covenants recorded in the Taney County Recorder of Deeds Office, in the form
acceptable to the Planning Commission and County Counselor sufficient to assure their
maintenance and preservation by a homeowner's association for whatever purpose they
are intended. Covenants or other legal arrangements shall specify ownership of the
common space and common improvements shall be in a homeowner's association
condominium association, the method of maintenance, responsibility for maintenance;
maintenance assessment, taxes and insurance, guarantees that any association formed to
own and maintain common open space and common improvements will not be dissolved
without the prior consent of the County, and any other specifications deemed necessary
by the Planning Commission and County Counselor.
Page 52
Taney County Subdivision Regulations
Article 8 – Required Improvements
Section 9. Acceptance of Improvements
A. Improvements shall be constructed in accordance with the approved
plans and specifications.
B. Upon completion of the improvements and written approval by the
Taney County Road and Bridge Administrator for road and paving
improvements located in public road rights-of-way or private road
easements and for drainage improvements located on public or private
property; and owners of the various utility services provided in the
subdivision, the developer may petition the County Commission for
acceptance of the public improvements.
C. County maintenance of public streets shall commence only after
acceptance by the County Commission.
D. Record plans and electronic media copy of design plans in a format
acceptable to the Planning Administrator shall be filed with
the Administrator prior to acceptance of the improvements by the
County Commission.
Page 53
Taney County Subdivision Regulations
Article 9 – Subdivision Design Criteria
ARTICLE 9. SUBDIVISION DESIGN CRITERIA
Section 1. Compliance with the Road Standards and the Master Plan
A. The subdivision layout shall conform to both the requirements of the
Taney County Road Standards and the Master Plan. Wherever a tract to
be subdivided embraces any part of a highway, arterial or collector street
so designated on site plan, such part of such public way shall be platted by
the developer in the location and at the width indicated in the plan.
Section 2. Streets
A. General
1. New streets shall be considered in their relation to existing platted
or planned streets, to topographical conditions, to public
convenience and safety, and to the proposed uses of land to be
served by the proposed streets.
2. Local streets shall be designed so as to encourage traffic calming
through residential neighborhoods. Collector and higher
classification streets must be designed to meet maximum traffic
movement.
3. Extension and / or continuation of arterial and collector streets into
and from adjoining properties.
4. Access to abutting properties should be required. The Planning
staff will review all available data relating to a proposal and
determine all street / road extensions to adjacent undeveloped
properties.
5. The distance between center lines of streets opening into the
opposite sides of an existing or proposed street shall be not less
than one hundred fifty (150) feet for local residential or as dictated
by the Taney County Road Standards, depending upon street
classification.
B. Cul-de-sacs
1. Cul-de-sacs shall be permitted only on local streets.
2. Cul-de-sacs shall be designed in accordance with the Taney
County Road Standards.
Page 54
Taney County Subdivision Regulations
Article 9 – Subdivision Design Criteria
C. Alignment
1. Horizontal and vertical alignment of streets shall be designed in
accordance with the Taney County Road Standards.
a. Minimum right-of-way widths and width of paving shall be
as specified in the Taney County Road Standards.
b. Additional street right-of-way widths may be required by
the Planning Commission or by the Planning Administrator
on Subdivisions.
1. The subdivision fronts on a street which is presently
below the minimum street width standards
established either in the Taney County Road
Standards or herein.
D. Street Paving
1. Street pavement thickness, design, criteria, and material
specifications shall be as set forth in the Taney County Road
Standards.
E. Street Intersections
1. Street intersections shall be designed in accordance with the Taney
County Road Standards.
2. Intersections involving the junction of more than two (2) streets
shall be reviewed on a case-by-case basis.
3. Additional right-of-way shall be provided at street intersections as
specified in the Taney County Road Standards.
Page 55
Taney County Subdivision Regulations
Article 9 – Subdivision Design Criteria
Section 3. Lots
A. Requirements for lot size and road frontage have been established for
residential and commercial properties in Taney County. These
requirements vary depending on factors such as availability of sewer and
public water. Refer to the Lot Size and Frontage Table below:
TABLE 1
Lot Size and Frontage Requirements
Area Measurements
Lot Area Lot Area Minimum
Public / Central On-Site Wastewater Frontage
Sewer System
Single-Family 8,000 Square Feet 2 Acres 70 Feet
Dwelling*
Duplex* 8,000 Square Feet 2 Acres* 70 Feet
(Two-Family Dwelling) *With an on-site
wastewater system for
each dwelling unit
Multi-Family Dwelling* 3,000 Square Feet / --- 70 Feet
Dwelling Unit
Commercial Use* 8,000 Square feet 2 Acres 70 Feet
Multi- Family Well Missouri Department of Natural Resources Approval
Community Wells Missouri Department of Natural Resources Approval
( Note: Road frontage calculations for cul-de-sacs and sharp curves shall be at the setback line.)
*Please refer to the Taney County Development Guidance Code for definitions of each of these
terms
B. All land included within the plat boundary shall be designated as a
(1) a lot, (2) dedicated to and accepted by the governmental authority,
(3) or designated for a particular use with covenants approved by the
Taney County Counselor to insure continued maintenance.
C. Building setback requirements shall conform to the minimum standards
established in the Taney County Development Guidance Code
Page 56
Taney County Subdivision Regulations
Article 9 – Subdivision Design Criteria
Section 4. Easements and Alleys
A. An ingress / egress easement with a minimum width of fifty (50) feet shall
be recorded.
1. An ingress / egress easement shall be allowed to serve no more than
two (2) tracts which have no public road frontage.
B. Drainage easements shall be required.
C. Utility easements shall be labeled as to their usage on all recorded
documents. Utilities include but are not limited to sewer, gas, water,
electric and communications.
D. Miscellaneous easements such as sign, conservation, greenway,
recreation, and environmental easements will be designated as desired
and / or required.
E. Sanitary sewer and utility easements shall extend where necessary to
adjacent properties.
Page 57
Taney County Subdivision Regulations
Appendix A – Administrative Minor Subdivision Certifications and Endorsements
APPENDIX A. ADMINISTRATIVE MINOR SUBDIVISION
CERTIFICATIONS and ENDORSEMENTS
Certificate of Ownership
_________________ and _______________, (single, husband and wife, corporate officer /
other) hereby certify that I/we are the sole owner(s) of the property described hereon,
which is within the subdivision regulation jurisdiction of the County of Taney, and that
I/we freely adopt this plan of subdivision and dedicate to public use all areas shown on this
plat as easements or deficient Right of Way, except those specifically indicated as private,
and that I/we will maintain all such areas until the offer of dedication is accepted by the
appropriate public authority.
___________________________________ ___________________________________
(Owner Signature) – Print name underneath line (Owner Signature) – Print name underneath line
___________________________________ ___________________________________
(Title – if appropriate) (Title – if appropriate)
Acknowledgment
STATE OF MISSOURI)
SS
COUNTY OF TANEY)
On this ____ day of __________________, 20___, before me, the undersigned notary public,
personally appeared _____________________, to me personally known to be the person(s)
described in and who executed the foregoing instrument and acknowledged that they
executed the same as their free act and deed.
In witness whereof, I have hereunto set my hand and affixed my official seal at my office in
said County and State and day and year last written above.
___________________________________
(Notary Public) – Print name underneath line
Page 58
Taney County Subdivision Regulations
Appendix A – Administrative Minor Subdivision Certifications and Endorsements
Acknowledgment for Corporation
STATE OF MISSOURI)
SS
COUNTY OF TANEY)
On this ____ day of __________________, 20___, before me, the undersigned notary public,
personally appeared _____________________, and ____________________, to me
personally known, who duly sworn, did say that they are the president and secretary
respectively of _______________________ corporation, a __________(State)____
Corporation and that the seal to be affixed to the foregoing instrument is the corporate seal
of said corporation and that the foregoing instrument was signed and sealed on behalf of
said corporation by authority of its Board of Directors, and that said
_______________________ and ______________________ acknowledge said instrument to
be the free act and deed of said corporation.
In witness whereof, I have hereunto set my hand and affixed my official seal at my office in
said County and State and day and year last written above.
___________________________________
(Notary Public) – Print name underneath line
Surveyor’s Declaration
Known all men by these presents:
That I, _______________________________, do hereby declare that this plat was prepared
under my personal supervision from an actual survey of the land herein described,
prepared by _______________________________, dated ________________________ and
signed by ________________________________, L.S. NO. _________________, and that the
corner monuments and lot corner pins shown herein were placed under the personal
supervision of _______________________________, L.S. No. ________________, in
accordance with the current “Missouri Minimum Standards for Property Boundary
surveys and the subdivision regulations of Taney County, Missouri.
___________________________________ __________________ __________________
(Name) – Print name underneath line (MO. L.S. NO.) Date
Page 59
Taney County Subdivision Regulations
Appendix A – Administrative Minor Subdivision Certifications and Endorsements
Certificate of Approval
I hereby certify that the minor subdivision shown on this plat has been approved by the
Taney County Planning Commission. This plat does not violate the provisions of the Taney
County Development Guidance Code or the Taney County Subdivision Regulations.
___________________________________ ___________________________________
(Planning Commission Chairman) – Print name Date
underneath line
___________________________________ ___________________________________
(Planning Administrator) – Print name Date
underneath line
Certificate of Taney County 911 Administrator
I hereby certify that the minor subdivision shown on this plat has been approved by the
Taney County 911 Administrator
___________________________________ ___________________________________
(911 Administrator) – Print name underneath line Date
Page 60
Taney County Subdivision Regulations
Appendix B – Major Subdivision Certifications and Endorsements
APPENDIX B. MAJOR SUBDIVISION CERTIFICATIONS and
ENDORSEMENTS
Certificate of Ownership
_________________ and _______________, (single, husband and wife, corporate officer /
other) hereby certify that I/we are the sole owner(s) of the property described hereon,
which is within the subdivision regulation jurisdiction of the County of Taney, and that
I/we freely adopt this plan of subdivision and dedicate to public use all areas shown on this
plat as streets, alleys, walks, parks, open space, and easements, except those specifically
indicated as private, and all streets and other improvements shown on this plat have been
installed or completed or that their installation or completion (within 24 months after the
date below) has been assured by the posting of a performance bond or other sufficient
surety, and that I will maintain all such areas until the offer of dedication is accepted by the
appropriate public authority.
(If covenants or restrictions are proposed) Restrictions and/or Covenants recorded in
Book___ Page ___, in the Taney County Recorder's Office
___________________________________ ___________________________________
(Owner Signature) – Print name underneath line (Owner Signature) – Print name underneath line
___________________________________ ___________________________________
(Title – if appropriate) (Title – if appropriate)
Acknowledgment
STATE OF MISSOURI)
SS
COUNTY OF TANEY)
On this ____ day of __________________, 20___, before me, the undersigned notary public,
personally appeared _____________________, to me personally known to be the person(s)
described in and who executed the foregoing instrument and acknowledged that they
executed the same as their free act and deed.
In witness whereof, I have hereunto set my hand and affixed my official seal at my office in
said County and State and day and year last written above.
___________________________________
(Notary Public) – Print name underneath line
Page 61
Taney County Subdivision Regulations
Appendix B – Major Subdivision Certifications and Endorsements
Acknowledgment for Corporation
STATE OF MISSOURI)
SS
COUNTY OF TANEY)
On this ____ day of __________________, 20___, before me, the undersigned notary public,
personally appeared _____________________, and ____________________, to me
personally known, who duly sworn, did say that they are the president and secretary
respectively of _______________________ corporation, a __________(State)____
Corporation and that the seal to be affixed to the foregoing instrument is the corporate seal
of said corporation and that the foregoing instrument was signed and sealed on behalf of
said corporation by authority of its Board of Directors, and that said
_______________________ and ______________________ acknowledge said instrument to
be the free act and deed of said corporation.
In witness whereof, I have hereunto set my hand and affixed my official seal at my office in
said County and State and day and year last written above.
___________________________________
(Notary Public) – Print name underneath line
Surveyor’s Declaration
Known all men by these presents:
That I, _______________________________, do hereby declare that this plat was prepared
under my personal supervision from an actual survey of the land herein described,
prepared by _______________________________, dated ________________________ and
signed by ________________________________, L.S. NO. _________________, and that the
corner monuments and lot corner pins shown herein were placed under the personal
supervision of _______________________________, L.S. No. ________________, in
accordance with the current “Missouri Minimum Standards for Property Boundary
surveys and the subdivision regulations of Taney County, Missouri.
___________________________________ __________________ __________________
(Name) – Print name underneath line (MO. L.S. NO.) Date
Page 62
Taney County Subdivision Regulations
Appendix B – Major Subdivision Certifications and Endorsements
Certificate of Approval
I hereby certify that the major subdivision shown on this plat has been approved by the
Taney County Planning Commission. This plat does not violate the provisions of the Taney
County Development Guidance Code or the Taney County Subdivision Regulations.
___________________________________ ___________________________________
(Planning Commission Chairman) – Print name Date
underneath line
___________________________________ ___________________________________
(Planning Administrator) – Print name Date
underneath line
Certificate of Taney County 911 Administrator
I hereby certify that the major subdivision shown on this plat has been approved by the
Taney County 911 Administrator
___________________________________ ___________________________________
(911 Administrator) – Print name underneath line Date
Page 63
Taney County Subdivision Regulations
Appendix C – Itemized Cost Estimate for Public Improvements
APPENDIX C. ITEMIZED COST ESTIMATE FOR PUBLIC
IMPROVEMENTS
_____________________________________________________________
Subdivision Name
_____________________________________________________________
Final Plat File Code
ITEM QUANTITY UNITS AMOUNT
Temporary gravel const. EA
Entrance and upkeep
Straw / hay bale dike LF
Sediment basin LS
(List other initial sediment
controls)
Detention basin grading LS
Detention basin outlet LS
structure
Detention basin trickle LF
channel
Seed & mulch AC
sediment/detention basin
berms
Rough grade streets LF
Rough grade lots LS
Rough grade drainage LF
channel, (Line A, 1,etc)
Sanitary sewer mains, off- LF
site
Sanitary sewer mains, on- LF
site
Sanitary sewer laterals EA
Water mains, off-site LF
Page 64
Taney County Subdivision Regulations
Appendix C – Itemized Cost Estimate for Public Improvements
Water mains, on-site LF
Water line service laterals EA
Gas main, off-site LF
Gas main, on-site LF
Gas line service laterals EA
Electric facilities, off-site
Electric facilities, on-site
Storm sewer Line A
15” RCP LF
Etc, pipe size & type LF
Junction Box EA
SS-6 inlet EA
DI-1 inlet EA
XX” Flared end section EA
Grouted riprap SF
Etc for each storm sewer
line
Fine grade subgrade LF
Curb & gutter LF
Aggregate base course LF
Asphalt base course LF
Asphalt surface course LF
Initial Double Coat Chip & LF
Seal surface
Final Double Coat Chip & LF
Seal surface
Concrete pavement LF
Sidewalks LF
Backfill curbs
Seed & mulch right-of- LF
way
Seed & mulch lots LS
Page 65
Taney County Subdivision Regulations
Appendix C – Itemized Cost Estimate for Public Improvements
Remove temporary LS
sediment controls
Clean out sediment from LS
storm sewers & detention
basins
Re-seeding / erosion repair LS
Street Signs
Street stripping
TOTAL
* Appendix A is subject to revisions
** Line items may need to be added to fully define the needed improvements for this format.
Page 66
RESOLUTION NUMBER 7-19-12-01
RESOLUTION of the
TANEY COUNTY COMMISSION
FORSYTH, MISSOURI
DATE: July 19, 2012
SUBJECT: Adoption of the Subdivision Regulations for Taney County, Missouri
WHEREAS, Taney County, Missouri desires to coordinate physical development in
accordance with its present and future needs; so as to conserve the natural resources of
the county, to insure efficient expenditure of public funds and to promote the health,
safety, convenience, prosperity and general welfare of its inhabitants, and
WHEREAS, the Taney County Planning Commission has held advertised public
hearings in order to obtain public input concerning the amendment of the Development
Guidance Code for Taney County, Missouri, and
WHEREAS, the Taney County Planning Commission has recommended the removal
and separation of the subdivision regulations formerly known as Section 5 (Subdivision
of Land), Section 6 (Plats) and Appendix H (Requirements for Plats) of the Taney
County Development Guidance Code, resulting in the creation of what is to now be cited
separately as the "Subdivision Regulations for Taney County, Missouri";
NOW, THEREFORE, BE IT RESOLVED by the County Commission of Taney County,
Missouri that the Commission approves and adopts the Subdivision Regulations for
Taney County, Missouri, in accordance with the requirements of Sections 64.815 through
64.835 of Missouri Revised Statutes; which are attached hereto and incorporated herein
by reference. Existing subdivision regulations of the Development Guidance Code of
Taney County, Missouri, are repealed and superceded to the extent of their
inconsistency with the Subdivision Regulations of Taney County, Missouri adopted this
date.
IT IS FURTHER RESOLVED that the Subdivision Regulations for Taney County,
Missouri adopted hereunder provide penalties for the violation thereof, and authorize
said Regulations to be amended from time to time by resolution carried by not less than
a majority vote of the full membership of the County Commission of Taney County,
Missouri.
PASSED AND ADOPTED by a majority vote of the full membership of the County
Commission of Taney County, Missouri, on this 19th day of July, 2012.
Done this 19th day of July, 2012, at CJ.' 1 t{ O'clock A_.m.
TANEY COUNTY COMMISSION
~414
Ron Houseman
t-R · ;/<1r.I!Jem......._ ~ Yes /
Dated: o z ltt.l:l~/~
r1
Presiding Commissioner
-:J~
Commissioner, Western District
Yes_L
Dated: 12 1 h~
'I
h 01~
Commissioner, Eastern District
Yes /
Dated: o 'P ~h 01 2..
ATTEST:
23385-000\ 383506.doc
Taney County Subdivision Regulations
The original county PDF remains the downloadable record artifact and the printable source document.