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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter : Chapter 65 Township Organization Counties
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There is hereby provided an alternative form of county government
for counties of the third and fourth classes as authorized under the
provisions of section 9, article VI of the Constitution of Missouri,
1945, to be known as the "township organization" form of county
government. Any county of the third and fourth class in this state may
adopt this alternative form of county government in the manner provided
in sections 65.010 to 65.050. (RSMo 1939 § 13928, A.L. 1945 p. 1972)
Prior revisions: 1929 § 12251; 1919 § 13164; 1909 § 11652
The township organization form of county government shall not
become operative unless adopted by a vote of the majority of the voters
of the county voting upon the question. All counties of the third and
fourth classes which have adopted township organization form of county
government may abolish the same by submitting the question to a vote of
the voters of the county. (RSMo 1939 § 13929, A.L. 1945 p. 1972, A.L.
1959 S.B. 73, A.L. 1978 H.B. 971)
Prior revisions: 1929 § 12252; 1919 § 13165; 1909 § 11653
1. Upon petition of at least ten percent of the voters at the
last general election of any county of the third or fourth classes
praying therefor, which said petition shall be filed in the office of the
clerk of the county commission, the county commission of such county
shall, by order of record, submit the question of the adoption of
township organization form of county government to a vote of the voters
of the county. The total vote for governor at the last general election
before the filing of the petition where a governor was elected shall be
used to determine the number of voters necessary to sign the petition. If
such petition shall be filed sixty days or more prior to a general
election, the proposition shall be submitted at said general election; if
filed less than sixty days before such election, then the proposition
shall be submitted at the general election next succeeding said general
election. The election shall be conducted, the vote canvassed and the
result declared in the same manner as provided by law in respect to
elections of county officers. The clerk of the county commission shall
give notice that a proposition for the adoption of township organization
form of county government in the county is to be voted upon by causing a
copy of the order of the county commission authorizing such election to
be published.
2. The question shall be submitted in substantially the following form:
Shall the township organization form of county government be adopted in
.............. county?
3. If a majority of the voters voting upon the question shall vote for
the adoption thereof the township organization form of county government
shall be declared to have been adopted; provided, that counties adopting
township organization shall be subject to and governed by the provisions
of the law relating to township organization on and after the last
Tuesday in March next succeeding the election at which such township
organization was adopted. (RSMo 1939 § 13931, A.L. 1945 p. 1972, A.L.
1978 H.B. 971, A.L. 2005 H.B. 58)
Prior revisions: 1929 § 12254; 1919 § 13167; 1909 § 11655
The clerk of the county commission shall cause an abstract of the
returns of said election to be made out and certified as in election for
state and county officers and* record the same at length upon the records
of the county commission of the county. (RSMo 1939 § 13930, A.L. 1978
H.B. 971)
Prior revisions: 1929 § 12253; 1919 § 13166; 1909 § 11654
*A comma appears instead of "and" in original rolls.
1. There shall be chosen at the biennial election in each
township one trustee, who shall be ex officio treasurer of the township,
one township clerk, and two members of the township board.
2. Upon the assumption of office of a county assessor elected as provided
by section 53.010, RSMo, the township clerk shall cease to perform the
duties of ex officio township assessor and shall promptly deliver to the
county assessor all books, papers, records, and property pertaining to
the office of ex officio township assessor.
3. The treasurer ex officio collector of a county with township
organization shall no longer retain such title, and shall instead assume
the office of collector-treasurer, as provided for by section 54.010,
RSMo, on March 1, 2007. On such date, the township collector shall cease
to perform the duties of township collector and shall promptly deliver to
the collector-treasurer all books, papers, records, and property
pertaining to the office of township collector. The township collector
shall continue to perform the same duties and be subject to the same
requirements and liabilities until his or her term expires on March 1,
2007. Notwithstanding other provisions of law to the contrary, the
collector- treasurer shall obtain and hold the same duties, powers, and
obligations previously granted to, and held by, the township collector on
and after March 1, 2007. (RSMo 1939 § 13945, A. 1949 H.B. 2021, A.L. 1981
H.B. 114 & 146, A.L. 2005 H.B. 58 merged with S.B. 210)
Prior revisions: 1929 § 12268; 1919 § 13181; 1909 § 11669
The township clerks shall transmit to the county clerk, to be
filed in his office, a list of the names of the township officers so
elected, within five days after such election shall have been held. (RSMo
1939 § 13950)
Prior revisions: 1929 § 12273; 1919 § 13186; 1909 § 11674
The township clerk shall, within ten days after such township
election, transmit to each person elected to any township office a notice
of his election. (RSMo 1939 § 13951, A.L. 1978 H.B. 971)
Prior revisions: 1929 § 12274; 1919 § 13187; 1909 § 11675
No person shall be eligible to any township office unless he
shall be a voter and a resident of such township. Such person serving as
a township officer must remain a resident of the township for the
duration of his or her term. (RSMo 1939 § 13953, A.L. 1978 H.B. 971, A.L.
2005 H.B. 58)
Prior revisions: 1929 § 12276; 1919 § 13189; 1909 § 11677
Every person chosen or appointed to the office of township
trustee and ex officio treasurer, member of the township board, or
township clerk, before such person enters on the duties of his or her
office and within ten days after such person shall be notified of his or
her election or appointment, shall take and subscribe, before any officer
authorized to administer oaths, such oath or affirmation as is prescribed
by law. (RSMo 1939 § 13954, A.L. 1945 p. 1968, A. 1949 H.B. 2021, A.L.
1981 H.B. 114 & 146, A.L. 2005 H.B. 58 merged with S.B. 210)
Prior revisions: 1929 § 12277; 1919 § 13190; 1909 § 11678
Such person shall, within ten days thereafter, cause such
certificate, together with his acceptance of the office, to be filed in
the office of the township clerk; his neglect or refusal so to do shall
be deemed a refusal to serve. (RSMo 1939 § 13955)
Prior revisions: 1929 § 12278; 1919 § 13191; 1909 § 11679
Any person chosen or appointed to fill any township office, who
shall refuse to serve, shall forfeit to the township the sum of one
hundred dollars for the use of the contingent fund, and said forfeiture,
if not otherwise paid, shall be collected by any associate circuit judge
of the county, as may be provided by law. (RSMo 1939 § 13959, A. 1949
H.B. 2021, A.L. 2005 H.B. 58)
Prior revisions: 1929 § 12282; 1919 § 13195; 1909 § 11683
Any person serving as a township officer may be removed from the
township board by a majority vote of the other board members for failing
to attend two or more consecutive meetings of the board. (L. 2005 H.B. 58)
If any township officer who is required by law to take the oath
of office shall enter upon the duties of his office before he shall have
taken such oath, he shall forfeit to the township the sum of one hundred
dollars, to be collected and applied as in section 65.180. Township
officers shall hold their offices for two years, and until their
successors are chosen or appointed and qualified. (RSMo 1939 § 13960,
A.L. 2005 H.B. 58)
Prior revisions: 1929 § 12283; 1919 § 13196; 1909 § 11684
Whenever any township shall fail to elect the proper number of
officers to which such township may be entitled, or when any person
elected or appointed shall fail to qualify, or when any vacancy shall
happen in any township office from any cause, it shall be lawful for the
township board to submit recommendations to the county commission to fill
such vacancy by appointment, and the person so appointed shall hold the
office and discharge all the duties of the same during such unexpired
term, and until his successor is elected or appointed and qualified, and
shall be subject to the same penalties as if he had been duly elected;
provided, that any vacancy in an office of the township shall be filled
by appointment of the county commission. (RSMo 1939 § 13962, A. 1949 H.B.
2021, A.L. 2005 H.B. 58)
Prior revisions: 1929 § 12285; 1919 § 13198; 1909 § 11686
Whenever any appointment shall be made, as provided in section
65.200, the township board shall cause a warrant of appointment to be
filed in the office of the township clerk, who shall immediately give
notice to the person or persons appointed; provided, that when the county
commission shall make such appointment they shall cause notice thereof,
in writing, to be transmitted by the county clerk to the township clerk,
who shall file the same and give notice to the appointee, as provided in
section 65.140. (RSMo 1939 § 13963)
Prior revisions: 1929 § 12286; 1919 § 13199; 1909 § 11687
The township board may, at any legally convened meeting, for a
good and sufficient cause shown to them, accept the written, dated, and
signed resignation of any township officer; provided, that in all cases
where the action of the township board is required, as provided in
section 65.210, a majority of the members concurring therein shall be
taken as the action of the board. (RSMo 1939 § 13964, A.L. 2005 H.B. 58)
Prior revisions: 1929 § 12287; 1919 § 13200; 1909 § 11688
The following township officers shall be entitled to compensation
at the following rates for each day necessarily devoted by them to the
services of the township in discharging the duties of their respective
offices:
(1) The township clerk, as clerk, the township trustee, as trustee,
members of the township board, shall each receive a maximum amount of
fifty dollars per day for the first meeting each month and a maximum
amount of twenty dollars for each meeting thereafter during the month;
(2) The township trustee as ex officio treasurer shall receive a
compensation of two percent for receiving and disbursing all moneys
coming into his hands for the first fifty thousand dollars received as ex
officio treasurer when the same shall not exceed the sum of one thousand
dollars and one percent of all sums over this amount; and
(3) Township officials may receive an hourly wage set by the township
board for labor performed for the benefit of the township. Such wage
shall not exceed the local prevailing wage limits and shall not include
pay received for attending monthly meetings or pay received by the
treasurer for performing duties required of his or her office. (RSMo 1939
§§ 13986, 13987, A.L. 1955 p. 370, A.L. 1998 S.B. 917, A.L. 2005 H.B. 58)
Prior revisions: 1929 §§ 12309, 12310; 1919 §§ 13222, 13223; 1909 §§
11710, 11711
No township officer shall be entitled to any fee from any officer
for administering the oath of office. (RSMo 1939 § 13988, A. 1949 H.B.
2021)
Prior revisions: 1929 § 12311; 1919 § 13224; 1909 § 11712
Each township, as a body corporate, shall have power and capacity:
(1) To sue and be sued, in the manner provided by the laws of this state;
(2) To purchase and hold real estate within its own limits for the use of
its inhabitants, subject to the power of the general assembly;
(3) To make such contracts, purchase and hold personal property, and so
much thereof as may be necessary to the exercise of its corporate or
administrative powers;
(4) To make such orders for the disposition, regulation or use of its
corporate property as may be conducive to the interest of the inhabitants
thereof;
(5) To purchase at any public sale, for the use of said township, any
real estate which may be necessary to secure any debt to said township,
or the inhabitants thereof, in their corporate capacity, and to dispose
of the same. (RSMo 1939 § 13933)
Prior revisions: 1929 § 12256; 1919 § 13169; 1909 § 11657
No township shall possess any corporate powers, except such as
are enumerated or granted by this chapter, or shall be specially given by
law, or shall be necessary to the exercise of the powers so enumerated or
granted. (RSMo 1939 § 13934)
Prior revisions: 1929 § 12257; 1919 § 13170; 1909 § 11658
All acts or proceedings by or against a township in its corporate
capacity shall be in the name of such township and county; but every
conveyance of land within the limits of such township, made in any manner
for the use and benefit of its inhabitants, shall have the same effect as
if made to the township by name. (RSMo 1939 § 13935)
Prior revisions: 1929 § 12258; 1919 § 13171; 1909 § 11659
In each township in this state, organized under the provisions of
this chapter, there shall be a board of directors, composed of the
township trustee and members of the township board, whose duty it shall
be:
(1) To audit all accounts of township officers for services rendered as
such officers;
(2) To audit all other accounts or demands legally presented to them
against the township;
(3) To levy all taxes for township, road and bridge purposes, and all
other duties provided by this chapter for the township board of directors
to perform. (RSMo 1939 § 13976, A.L. 1981 H.B. 114 & 146)
Prior revisions: 1929 § 12299; 1919 § 13212; 1909 § 11700
The board of directors of any township may expend not more than
one-fourth of the revenue accruing to it from taxes levied upon property
situated within the limits of any city, town or village within the
township for the repair and improvement of existing roads, streets and
bridges within the city, town, or village from which such moneys accrued,
and for the purpose of constructing and maintaining macadam, gravel, rock
or paved roads or streets within the corporate limits of any city within
the township in conformity with the established grade of the roads and
streets of such city; except that no part of the revenue of any township
shall be expended outside of the county in which the township is located.
(L. 1961 p. 307 § 1)
The township board of directors shall meet on a quarterly basis,
or more frequently as deemed necessary by the board, for the purpose of
transacting township business. The meetings of the township board shall
be held at a location within the township that is accessible to the
public. (RSMo 1939 § 13977, A.L. 2005 H.B. 58)
Prior revisions: 1929 § 12300; 1919 § 13213; 1909 § 11701
The township board of directors shall, at their first meeting in
each year after they have been elected and qualified, appoint one of
their number as president of said board, who shall sign all orders and
official acts of said board. (RSMo 1939 § 13982)
Prior revisions: 1929 § 12305; 1919 § 13218; 1909 § 11706
Any person having a claim or account against the township may
file such claim or account in the office of the township clerk, to be
kept by the said clerk, and laid before the township board at their next
meeting; provided, however, that any person having a claim against the
township may present said claim to the township board himself, or by an
agent, at any legally convened meeting of said board; said board shall
have the power to determine the legality or illegality of any claim or
account against the township, and to reject said claim, or any part
thereof, as to them appears just and proper; but in no case shall the
township board be authorized to allow any claim, or any part thereof,
until the claimant makes out a statement, verified by affidavit to the
amount and nature of his claim, setting forth that the same is correct
and unpaid, or, if any part thereof has been paid, setting forth how
much. (RSMo 1939 § 13978)
Prior revisions: 1929 § 12301; 1919 § 13214; 1909 § 11702
The accounts so audited, and those rejected, if any, shall be
delivered to the township clerk, to be by him kept on file, and subject
to the examination of anyone desiring so to do. (RSMo 1939 § 13979)
Prior revisions: 1929 § 12302; 1919 § 13215; 1909 § 11703
When any claim or account, or any part thereof, shall be allowed
by the township board of directors, they shall draw an order upon the
township trustee in favor of the claimant for the amount so allowed--said
order to be signed by the president of said board, and attested by the
township clerk and delivered to said claimant. (RSMo 1939 § 13983)
Prior revisions: 1929 § 12306; 1919 § 13219; 1909 § 11707
In all counties in this state that have adopted or that may
hereafter adopt township organization, if any township board, clerk or
other officer thereof fail to allow an appeal in the cause when the same
ought to be allowed, or if by absence, sickness or any other cause on his
part, an appeal cannot be taken within time, the circuit court on such
fact satisfactorily appearing, may, by rule and attachment, compel such
board or other officer to allow the same, and to return his proceedings
in the suit, together with the papers required to be returned by him.
(RSMo 1939 § 14024, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 12347; 1919 § 13260; 1909 § 11746
Effective 1-2-79
The following shall be deemed township charges:
(1) The compensation of township officers for their services rendered in
their respective townships;
(2) Contingent expenses necessarily incurred for the use and benefit of
the township;
(3) The moneys authorized to be raised by the township board of directors
for any purpose, for the use of the township. (RSMo 1939 § 13980)
Prior revisions: 1929 § 12303; 1919 § 13216; 1909 § 11704
The moneys necessary to defray the township charges of each
township shall be levied on the taxable property in such township, in the
manner prescribed in the general revenue law for state and county
purposes. (RSMo 1939 § 13981)
Prior revisions: 1929 § 12304; 1919 § 13217; 1909 § 11705
The township board of directors shall, annually, not less than
twenty nor more than sixty days prior to the first day of September, make
out and file with the clerk of the county commission of their county an
estimate of the amount of money required to defray the expenses of said
township during the next ensuing year. Said estimates shall be signed by
the president and attested by the clerk of the board. The clerk of the
county commission shall cause the same to be placed on the tax books of
said township; provided that the amount of such expenses shall not exceed
in any one year twenty cents on the hundred dollars assessed valuation of
the taxable property within said township. (RSMo 1939 § 13985, A.L. 1945
p. 1974)
Prior revisions: 1929 § 12308; 1919 § 13221; 1909 § 11709
The township board of directors shall have power to divide their
townships into convenient road districts, and may, at their April
meeting, change the same in such manner as the interest of the township
may demand. (RSMo 1939 § 13984)
Prior revisions: 1929 § 12307; 1919 § 13220; 1909 § 11708
Every commission, board, committee, officer or other governing
body of any township in this state authorized to make purchases for the
use of their township, shall purchase and use only those materials,
products, supplies, provisions and other needed articles produced,
manufactured, compounded, made or grown within the state of Missouri,
when they are found in marketable quantities in the state and are of a
quality suited to the purpose intended, and can be secured without
additional cost over foreign products or products of other states;
provided, however, that quality and fitness of articles shall be
considered in purchasing or letting contracts for articles herein
mentioned. (RSMo 1939 § 14616, A. 1949 H.B. 2021)
Prior revision: 1929 § 13320
The township clerk of each township shall have the custody and
care of all records, books and papers belonging to his office; and he
shall file in his office all certificates, oaths or other instruments of
writing required by law to be filed in his office, and he shall have
power to administer the oath of office to all township officers; and it
is hereby made the duty of the township clerk to administer all necessary
oaths which may be required in the transaction of any township business
in the township of which he is clerk; provided, that nothing herein shall
be so construed as to deprive any other officer from administering any
oath, as may be otherwise provided by law. (RSMo 1939 § 13970, A.L. 1981
H.B. 114 & 146)
Prior revisions: 1929 § 12293; 1919 § 13206; 1909 § 11694
The township clerk shall be the clerk of the township board of
directors, and shall keep a true and correct record of all official acts
and proceedings of said board of directors, in a book provided for that
purpose at the expense of the township, and to be kept in the office of
the township clerk, subject to the inspection of anyone desiring so to
do, under the direction of the township clerk. (RSMo 1939 § 13971)
Prior revisions: 1929 § 12294; 1919 § 13207; 1909 § 11695
Copies of all papers, duly filed in the office of the township
clerk, and certified to be true and correct, shall be evidence in all
courts of record in this state, and in all courts of inferior
jurisdiction within this state, in like effect and manner as if the
original were produced. (RSMo 1939 § 13974)
Prior revisions: 1929 § 12297; 1919 § 13210; 1909 § 11698
The township clerk shall procure, under the direction of the
township board, and at the expense of the township, all necessary record
books and other books and stationery for the use of the township. (RSMo
1939 § 13975, A.L. 1957 p. 322)
Prior revisions: 1929 § 12298; 1919 § 13211; 1909 § 11699
Every person elected or appointed to the office of township
trustee and ex officio treasurer, before such person enters on the duties
of his or her office, and within ten days after such person's election or
appointment, shall execute and deliver to the township clerk a bond with
one or more sureties, to the satisfaction of the township clerk payable
to the township board, equal to one-half the largest amount on deposit at
any one time during the year preceding his or her election or appointment
of all the township funds, including school moneys, that may come into
his or her hands; and every such bond, when deposited with the township
clerk as aforesaid, shall constitute a lien upon all the real estate
within the county belonging to such trustee and ex officio treasurer at
the time of filing thereof, and shall continue to be a lien until its
conditions, together with all costs and charges which may accrue by
reason of any prosecution thereon, shall be satisfied. (RSMo 1939 §
13956, A.L. 1945 p. 1968, A.L. 1988 H.B. 1464, A.L. 2005 H.B. 58 merged
with S.B. 210)
Prior revisions: 1929 § 12279; 1919 § 13192; 1909 § 11680
The township trustee and ex officio treasurer of each township
shall receive and pay over all moneys raised therein for defraying
township expenses; provided, that before entering on the duties of his
office he shall execute such bond as is required in section 65.460; and
in case of default, it is hereby made the duty of the township clerk to
institute suit thereon, in the name of the township, in any court of
competent jurisdiction. (RSMo 1939 § 13965)
Prior revisions: 1929 § 12288; 1919 § 13201; 1909 § 11689
The township trustee shall cause suit to be instituted in the
name of the township for all penalties and forfeitures given by law to
such township, in all cases where no other officer is specially directed
to prosecute, and he may, with the consent of the township board, employ
counsel to prosecute or defend any suit to which such township is a
party--such counsel fees to be paid out of the township funds not
otherwise appropriated. (RSMo 1939 § 13966)
Prior revisions: 1929 § 12289; 1919 § 13202; 1909 § 11690
The township trustee and ex officio treasurer shall not pay out
any moneys belonging to the township for any purpose whatever, except
upon the order of the township board of directors, signed by the chairman
of said board and attested by the township clerk; provided, that nothing
in this chapter shall be so construed as to change or interfere with any
school district, the boundary lines of which are different from that of
the municipal township as organized under the provisions of this chapter,
nor with the payment of any school moneys upon proper vouchers. The
township trustee and ex officio treasurer shall receive from the
collector-treasurer all road and bridge and other taxes due the township
when collected by such officers, and shall receipt for the same, and
shall account therefor in like manner as for other moneys in his or her
hands belonging to the township. (RSMo 1939 § 13968, A.L. 2005 H.B. 58
merged with S.B. 210)
Prior revisions: 1929 § 12291; 1919 § 13204; 1909 § 11692
1. He shall keep a correct account of all moneys coming into his
hands by virtue of his office, from what source received, and what
amount, of the amount paid out, to whom paid, and on what account, in a
book to be kept by him and provided for the purpose by the township; said
book to be kept in such a manner as to show the amount of money in his
hands belonging to each school district or fractional part in the
township and the amount of road money belonging to the township.
2. He shall make settlement annually between the twentieth day of March
and the fifteenth day of April with the county clerk of all moneys
received by him on account of schools, showing how the same have been
disbursed, and he shall settle with the county treasurer within twenty
days after the apportionment of the school funds to the school district,
and receive all money in the hands of the county treasurer belonging to
his township, and receipt for the same, and shall pay all warrants drawn
on him by the board of school directors in his township out of the funds
belonging to the district making the order, and he shall not pay any
money out belonging to any other fund than that mentioned in the
warrants, and he shall file with the township clerk on or before the day
of the regular meeting of the township board in April a detailed
statement of all money by him received and paid out, to whom and out of
what fund, and the amount on hand, and at the expiration of his term of
office he shall turn over to his successor all moneys, books and papers
belonging to the office, and take duplicate receipts for the same, one to
be filed with the township clerk, the other to be retained by himself.
(RSMo 1939 § 13967)
Prior revisions: 1929 § 12290; 1919 § 13203; 1909 § 11691
Whenever the term of office of any township officer shall expire,
and others are elected or appointed and qualified as their successors,
such successors shall, immediately after entering upon the duties of
their office, demand and receive from his or their predecessors, or their
legal representatives, all the books, papers and money under his or their
control belonging to such office, and such books, papers and other
property shall be delivered upon oath that the same are all the moneys,
books, papers and other property under his control belonging to such
township; duplicate receipts shall be given the outgoing officer for the
same, who shall retain one copy and deliver the other to the township
clerk, who shall charge the incoming officer with the value thereof.
(RSMo 1939 § 13961)
Prior revisions: 1929 § 12284; 1919 § 13197; 1909 § 11685
1. The township treasurer shall, annually, between the first day
and the tenth day of July of each year, settle with the township board
and account for all school moneys received, from whom and on what
account, and the amount paid out for school purposes and for building
purposes to the various school districts of the township.
2. The township board shall examine the vouchers for such payments, and,
if satisfied with the correctness thereof, shall certify the same, which
certificate shall be prima facie a discharge of such liability of the
treasurer for the funds expressed in the vouchers.
3. The township clerk shall, on or before the fifteenth of July of each
year, deliver to the county clerk a certified copy of said settlement,
which shall constitute the required settlement by which the county clerk
shall make his annual settlement with the state superintendent of public
schools. (RSMo 1939 § 13969)
Prior revisions: 1929 § 12292; 1919 § 13205; 1909 § 11693
The county commission of each county shall have power to alter
the boundary of townships and to increase or diminish their number, as
follows, viz: Upon the petition of one-fourth of the voters of the
township or townships proposed to be altered, the county commission shall
submit the proposed alteration to the qualified voters thereof, at any
regular township election, by giving at least thirty days' notice thereof
to such township or townships, in the usual manner of giving election
notices; and if such alteration shall be ratified by a majority of
two-thirds of the votes cast by the voters affected thereby, then such
alteration shall be confirmed by the county commission, and each township
shall be named in accordance with the expressed wishes of its
inhabitants. (RSMo 1939 § 13936)
Prior revisions: 1929 § 12259; 1919 § 13172; 1909 § 11660
The county clerk shall, within thirty days after the county
commission has established any new township, or changed the boundary
lines of any or all the townships in their respective counties, transmit
to the secretary of state, who shall keep a record of the same, an
abstract of such division or change, giving the bounds of such townships
and the names designated, and said county clerk shall record, in a book
kept for that purpose, a description of each township as fully as in such
report to the secretary of state. (RSMo 1939 § 13937)
Prior revisions: 1929 § 12260; 1919 § 13173; 1909 § 11661
1. In case any township in any county in which township
organization has been or may hereafter be adopted shall refuse or neglect
to organize and elect township officers at the time required by law for
holding township elections, it shall be lawful for any twelve residents
of the township to call a township meeting for the purposes described in
this section, by posting up notices in five public places of the
township, giving at least ten days' notice of such meeting, setting forth
the time, place and object of such meeting; and the electors, when
assembled by virtue of such notice, shall have all the powers conferred
upon them at the regular township election.
2. In case no such notice shall be given within thirty days after the
time for holding the regular township elections, the county commission
shall, upon the affidavit of any resident of the township, filed in the
office of the county clerk, setting forth the facts, proceed at any
regular or special session of the commission to appoint the necessary
officers for such township, and the persons so appointed shall hold their
offices until others are chosen or appointed in their places, and shall
have the same powers and be subject to the same duties and penalties as
if chosen by the electors of the township. (RSMo 1939 § 13938, A.L. 1990
H.B. 1070)
Prior revisions: 1929 § 12261; 1919 § 13174; 1909 § 11662
Whenever it shall be made to appear to the county commission that
the township officers appointed by them, as provided in section 65.550,
shall have failed to qualify as required by law, so that such township
cannot become organized, the county commission may annex such township to
any adjoining township, and said township so annexed shall thereafter
constitute a part of said adjoining township, unless changed by the
county commission under the provisions of this chapter. (RSMo 1939 §
13939)
Prior revisions: 1929 § 12262; 1919 § 13175; 1909 § 11663
When a township, seized of real estate, shall be divided into two
or more townships, the township trustees and county assessor of the
several townships constituted by such division shall meet as soon as may
be after the first township election subsequently held in such townships,
and when so met shall have power to make such agreement concerning the
disposition of such township property, and the division thereof, as shall
be equitable, and to take all measures and to execute all conveyances
necessary to carry such agreement into effect. (RSMo 1939 § 13940, A.L.
1981 H.B. 114 & 146)
Prior revisions: 1929 § 12263; 1919 § 13176; 1909 § 11664
Whenever a meeting of the township trustees and county assessor
of two or more townships shall be required to carry into effect the
provisions of sections 65.540 to 65.590, such meeting may be called by
either of such township trustees; but the township trustees calling the
same shall give at least three days' notice, in writing, to all of the
other officers, of the time and place at which such meeting is to be
held. (RSMo 1939 § 13941, A.L. 1981 H.B. 114 & 146)
Prior revisions: 1929 § 12264; 1919 § 13177; 1909 § 11665
Debts owing by a township so subdivided or altered shall be
apportioned in the same manner as personal property of such township, and
each township shall be thereafter charged with its share of such debts,
according to such apportionment. (RSMo 1939 § 13942)
Prior revisions: 1929 § 12265; 1919 § 13178; 1909 § 11666
1. In any county in this state which may hereafter adopt township
organization, the person holding the office of the collector of the
revenue in such county, at the time in March when township organization
becomes effective in such county, shall continue to hold his or her
office and exercise all the functions and receive all the fees and
emoluments thereof until the time at which his or her term of office
would have expired had such county not adopted township organization,
and, except as herein otherwise provided, the collector shall perform the
same duties and be subject to the same requirements and liabilities as in
counties not under township organization.
2. The county assessor shall assess the property of the various townships
in such county and arrange the county assessor's books and lists in a
manner so that it can be determined which township is entitled to the
taxes assessed against any property.
3. The county clerk of such county shall submit, for the use of such
county collector, lists of the property assessed in each township the
same as the county clerk is required to submit for the use of township
collectors.
4. The collector of the revenue in such county shall pay over to the
several township trustees of such county after deducting his or her
commission, all township taxes and funds of every kind collected by the
collector and belonging respectively to the several townships in such
county, as required by section 139.430, RSMo, in the case of township
collectors, and for the collector's failure to do so the collector shall
be subject to the same liability as provided by section 139.430, RSMo, in
the case of township collectors.
5. The first township collectors in such county shall be elected at the
township election held in March next preceding the time at which the term
of office of the collector of the revenue in such county shall expire and
their terms of office shall begin at the expiration of the term of office
of such collector of the revenue, and they shall hold their offices until
the next township election in such county. The provisions of this section
shall be effective prior to August 28, 2005. (RSMo 1939 § 14020, A.L.
1981 H.B. 114 & 146, A.L. 2005 H.B. 58 merged with S.B. 210)
Prior revisions: 1929 § 12343; 1919 § 13256; 1909 § 11744
1. Upon the petition of at least ten percent of voters at the
last general election of any county having heretofore adopted township
organization, praying therefor, the county commission shall submit the
question of the abolition of township organization to the voters of the
county at a general or special election. The total vote for governor at
the last general election before the filing of the petition where a
governor was elected shall be used to determine the number of voters
necessary to sign the petition. If the petition is filed six months or
more prior to a general election, the proposition shall be submitted at a
special election to be ordered by the county commission within sixty days
after the petition is filed; if the petition is filed less than six
months before a general election, then the proposition shall be submitted
at the general election next succeeding the filing of the petition. The
election shall be conducted, the vote canvassed and the result declared
in the same manner as provided by law in respect to elections of county
officers. The clerk of the county commission shall give notice that a
proposition for the abolition of township organization form of county
government in the county is to be voted upon by causing a copy of the
order of the county commission authorizing such election to be published
at least once each week for three successive weeks, the last insertion to
be not more than one week prior to the election, in some newspaper
published in the county where the election is to be held, if there is a
newspaper published in the county and, if not, by posting printed or
written handbills in at least two public places in each election precinct
in the county at least twenty-one days prior to the date of election. The
clerk of the county commission shall provide the ballot which shall be
printed and in substantially the following form:
OFFICIAL BALLOT
(Check the one for which you wish to vote) Shall township organization
form of county government be abolished in .... County?
[ ] YES [ ] NO
If a majority of the electors voting upon the proposition shall vote for
the abolition thereof the township organization form of county government
shall be declared to have been abolished; and township organization shall
cease in said county; and except as provided in section 65.620 all laws
in force in relation to counties not having township organization shall
immediately take effect and be in force in such county.
2. No election or any proposal for either the adoption of township
organization or for the abolition of township organization in any county
shall be held within two years after an election is held under this
section. (RSMo 1939 § 14023, A.L. 1963 p. 121, A.L. 2005 H.B. 58)
Prior revisions: 1929 § 12346; 1919 § 13259; 1909 § 11745
1. Whenever any county abolishes township organization the county
treasurer and ex officio collector shall immediately settle his accounts
as treasurer with the county commission and shall thereafter perform all
duties, exercise all powers, have all rights and be subject to all
liabilities imposed and conferred upon the county collector of revenue
under chapter 52, RSMo, until the first Monday in March after the general
election next following the abolishment of township organization and
until a collector of revenue for the county is elected and qualified. The
person elected collector at the general election as aforesaid, if that
election is not one for collector of revenue under chapter 52, RSMo,
shall serve until the first Monday in March following the election and
qualification of a collector of revenue under chapter 52, RSMo. Upon
abolition of township organization a county treasurer shall be appointed
to serve until the expiration of the term of such officer pursuant to
chapter 54, RSMo.
2. Upon abolition of township organization, title to all property of all
kinds theretofore owned by the several townships of the county shall vest
in the county and the county shall be liable for all outstanding
obligations and liabilities of the several townships.
3. The terms of office of all township officers shall expire on the
abolition of township organization and the township trustee of each
township shall immediately settle his accounts with the county clerk and
all township officers shall promptly deliver to the appropriate county
officers, as directed by the county commission, all books, papers,
records and property pertaining to their offices. (L. 1963 p. 121, A.L.
1981 H.B. 114 & 146)
The township board of any township in a county which has not
voted to adopt countywide planning or zoning pursuant to the provisions
of sections 64.510 to 64.695, RSMo, or sections 64.800 to 64.905, RSMo,
may, on its own motion, and shall, upon a petition signed by a number of
qualified voters in the county equal to five percent of the total vote
for governor in such township at the most recent general election at
which a governor was elected, submit to a vote of the voters of the
township a proposition adopting township planning and zoning under the
provisions of sections 65.650 to 65.700. The township planning and zoning
proposal shall provide for the preparation, adoption, amendment,
extension and carrying out of a township plan for all areas of the
township outside the corporate limits of any city, town or village which
has adopted a city plan in accordance with the laws of the state. Upon
the adoption of the township plan there is created in that township a
township planning commission as provided in sections 65.650 to 65.700.
(L. 1989 S.B. 11 § 1)
Such township planning commission shall consist of the township
trustee, the commissioner of the county commission who represents the
township, one member of the township board selected by the township
board, and one resident freeholder appointed by the township board from
the unincorporated part of the township for a term of four years or until
his successor takes office. The terms of all other members shall be only
for the duration of their tenure of official position. All members of the
township planning commission shall serve as such without compensation,
except that an attendance fee as reimbursement for expenses, for not to
exceed two meetings per month, may be paid to the freeholder member of
the planning commission in an amount, as set by the township board, not
to exceed fifteen dollars for each meeting. The planning commission shall
elect its chairman who shall serve for one year. (L. 1989 S.B. 11 § 2)
1. Before the township board of any such township shall adopt any
plan or create any commission provided for in sections 65.650 to 65.700,
it shall order the question as to whether or not the township board shall
adopt township planning or zoning submitted to the voters of the township.
2. The question shall be submitted in substantially the following form:
Shall township zoning (or planning) be adopted?
Yes No
3. If a majority of the votes cast on the question be in favor of the
adoption of zoning or planning, the township board may then proceed as
provided in sections 65.650 to 65.700. (L. 1989 S.B. 11 § 3)
The township planning commission may create and adopt rules for
the transaction of its business and shall keep a public record of its
resolutions, transactions, findings, and recommendations. The commission
may appoint such employees as it may deem necessary for its work and may
contract with planners and other consultants for such services as it may
require and may incur other necessary expenses. The township planning
commission may charge and collect a fee for any service it provides, but
the fee must be established by rule. The expenditures of township funds
by the township planning commission shall not be in excess of the amounts
appropriated for that purpose by the township board and the amount of
fees collected by the township planning commission. The township planning
commission shall have such other powers as may be necessary and proper to
enable it to perform the duties imposed upon it by law. (L. 1989 S.B. 11
§ 4)
The township planning commission shall have power to make, adopt
and publish an official master plan of the township for the purpose of
bringing about coordinated physical development in accordance with the
present and future needs. The official master plan shall be developed so
as to conserve the natural resources of the township, to ensure efficient
expenditure of public funds and to promote the health, safety,
convenience, prosperity and general welfare of the inhabitants. Such
official master plan may include, among other things, studies and
recommendations relative to the location, character and extent of
highways, railroads, bus, streetcar and other transportation routes,
bridges, public buildings, schools, parks, parkways, forests, wildlife
refuges, dams, and projects affecting conservation of natural resources.
The township planning commission may adopt the official master plan in
whole or in part and may subsequently amend or extend the adopted plan or
portion thereof. Before the adoption, amendment or extension of the plan
or portion thereof, the township planning commission shall hold at least
one public hearing thereon, fifteen days' notice of the time and place of
which shall be published in at least one newspaper having general
circulation within the township, and notice of such hearing shall also be
posted at least fifteen days in advance thereof in one or more public
area in the township. Such hearing may be adjourned from time to time.
The adoption of the plan, or part thereof, shall be by resolution carried
by not less than a majority vote of the full membership of the township
planning commission. After the adoption of the official master plan, or
part thereof, an attested copy shall be certified to the township board,
to the county commission, to the recorder of deeds and to the township
clerk. (L. 1989 S.B. 11 § 5)
From and after the adoption of the official master plan or
portion thereof and its proper certification and recording, thereafter no
improvement of a type embraced within the recommendations of such
official master plan or part thereof shall be constructed or authorized
without first submitting the proposed plans thereof to the township
planning commission and receiving the written approval or recommendations
of the township planning commission. This requirement shall be deemed to
be waived if the township planning commission fails to make its report
and recommendations within forty-five days after receipt of the proposed
plans. In the case of any public improvement sponsored or proposed to be
made by any municipality or other political or civil subdivision of the
state, or public board, commission or other public officials, the
disapproval or recommendations of the township planning commission may be
overruled by a two-thirds vote properly entered of record and certified
to the township planning commission, of the governing body of such
municipality, or other political or civil subdivision, or public board,
commission or officials, after the reasons for such overruling are spread
upon its minutes, which reasons shall also be certified to the township
planning commission. (L. 1989 S.B. 11 § 6)
The township planning commission may also prepare, adopt, change
and amend, as parts of the official master plan or otherwise, sets of
regulations governing subdivisions of land in unincorporated areas, and
amend or change same from time to time, as provided in sections 65.650 to
65.700, which regulations may provide for the proper location and width
of streets, building lines, open spaces, safety, recreation, and for the
avoidance of congestion of population, including minimum width and area
of lots. Such regulations may also include the extent to which and the
manner in which streets shall be graded and improved, and the extent to
which water, sewer and other utility services shall be provided, to
protect public health and general welfare. Such regulations may provide
that in lieu of the immediate completion or installation of such work,
the township planning commission may accept bond for the county
commission in the amount and with surety and conditions satisfactory to
the county commission, providing for and securing to the county
commission the actual construction of such improvements and utilities
within a period specified by the township planning commission, and the
county commission shall have power to enforce such bond by all proper
remedies. Such subdivision regulations shall be adopted, changed or
amended, certified and filed as provided in sections 65.650 to 65.700.
Such subdivision regulations shall be adopted, changed or amended only
after a public hearing has been held thereon, public notice of which
shall be given in the manner as provided for the hearing in sections
65.650 to 65.700. (L. 1989 S.B. 11 § 7)
Whenever the township planning commission has adopted, recorded
and filed certified copies of any part of the official master plan
relating to major highways or to subdivision regulations, thereafter no
plat of a subdivision of land within the unincorporated area of such
township or the portion thereof covered by the major highway plan shall
be recorded until such plat shall first have been approved by the
township planning commission. If the township planning commission does
not report upon the plat within thirty days, it may then be deemed
approved by the township planning commission, and the township planning
commission shall certify such facts upon such plat. If such plat is
approved by the township planning commission, such approval shall be
endorsed in writing thereon. However, if such plat be amended or rejected
by the township planning commission, such approval shall be deemed
overruled. No plat of subdivision of land in the unincorporated areas of
the county shall be recorded in the office of the recorder of deeds
unless and until approved as provided in sections 65.650 to 65.700.
Municipalities shall have power, by ordinance, to require plats of
subdivision of land within the corporate limits of such municipalities to
be submitted to the township planning commission before being submitted
to the municipality for approval, and before being recorded. A certified
copy of any such ordinance shall be filed in the office of the recorder
of deeds for the county. The township planning commission shall, upon
written request of any such municipality, consider such plats and shall
report its findings and its recommendations thereon in writing to the
proper officials of such municipality. (L. 1989 S.B. 11 § 8)
After any plan for major highways, or portion thereof, has been
prepared by the township planning commission, filed and certified as
provided in sections 65.650 to 65.700, the county commission may
establish, regulate and limit building or setback lines on such major
highways outside the corporate limits of municipalities and to prohibit
any new building being located within such building or setback lines, and
to amend such regulations from time to time. All orders of the county
commission relating to such building or setback lines shall be entered of
record and certified copies thereof shall be filed with the township
planning commission and in the office of the recorder of deeds. (L. 1989
S.B. 11 § 9)
The township board shall provide for a board of adjustment with
powers to modify or vary the regulations, in specific cases, in order
that unwarranted hardships, which constitute an unreasonable deprivation
of use as distinguished from the mere grant of a privilege, may be
avoided, the intended purpose of the regulations being strictly observed
and the public welfare and public safety protected. If there is a
township board of zoning adjustment as provided in section 65.690, such
board shall be appointed to serve as the board of adjustment for the
building or setback line regulations. If there is no township board of
zoning adjustment, the personnel, length of terms, method of appointment
and organization of the board of adjustment for the building or setback
line regulations shall be the same as provided in section 65.690 for the
board of zoning adjustment. Regulations authorized under section 65.672
shall not be adopted, changed or amended until a public hearing has been
held thereon by the township planning commission, public notice of which
shall be given in the same manner as provided for the hearing in section
65.665. (L. 1989 S.B. 11 § 10)
For the purpose of promoting health, safety, morals, comfort or
the general welfare of the unincorporated portion of the township, to
conserve and protect property and building values, to secure the most
economical use of the land, and to facilitate the adequate provision of
public improvements all in accordance with a comprehensive plan, the
township board of any township to which the provisions of sections 65.650
to 65.700 are applicable shall have power after approval by vote of the
people to regulate and restrict, by order of record, in the
unincorporated portions of the township, the height, number of stories,
and size of buildings, the percentage of lots that may be occupied, the
size of yards, courts and other open spaces, the density of population,
the location and use of buildings, structures and land for trade,
industry, residence or other purposes, including areas for agriculture,
forestry, and recreation. The provisions of sections 65.650 to 65.700
shall not be exercised so as to impose regulations or to require permits
with respect to land, used or to be used for the raising of crops,
orchards or forestry or with respect to the erection, maintenance,
repair, alteration or extension of farm buildings or farm structures. The
powers granted by sections 65.650 to 65.700 shall not be construed:
(1) So as to deprive the owner, lessee or tenant of any existing property
of its use or maintenance for the purpose to which it is then lawfully
devoted;
(2) So as to deprive any court of the power of determining the
reasonableness of regulations and power in any action brought in any
court affecting the provisions of sections 65.650 to 65.700 or the rules
and regulations adopted thereunder;
(3) To* authorize interference with such public utility services as may
have been or may hereafter be authorized or ordered by the public service
commission or by permit of the county commission, as the case may be. (L.
1989 S.B. 11 § 11)
*Word "Nor" appears in original rolls.
(1997) Section prohibits township's zoning requirements which regulate
livestock sewage lagoons and livestock finishing buildings. Premium
Standard Farms v. Lincoln Township of Putnam County, 946 S.W.2d 234
(Mo.banc).
For any or all of the purposes of section 65.652, the
unincorporated territory may be divided into districts of such number,
shape and area as may be deemed best suited to carry out the purpose of
sections 65.650 to 65.700 and shall be shown upon the zoning plan; and
within such districts the erection, construction, reconstruction,
alteration, repair, relocation or maintenance of buildings or structures
and use of land and lots may be regulated and restricted. All such
regulations shall be uniform for each class or kind of buildings or land
uses throughout each district, but the regulations in one district may
differ from those in other districts. The regulations shall be made in
accordance with a comprehensive zoning plan and shall give reasonable
consideration, among other things, to the then existing character of the
districts, their suitability for particular uses, conservation of the
value of buildings and of existing development, and encouragement of the
most appropriate use of land throughout the township. (L. 1989 S.B. 11 §
12)
The township board shall provide for the manner in which such
regulations, restrictions and boundaries of such districts shall be
determined, established and enforced, and from time to time amended,
supplemented or changed within the unincorporated territory. In order to
avail itself of the zoning powers conferred by sections 65.650 to 65.700,
the township board shall request the township planning commission to
recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein. If there be no township
planning commission the township board shall appoint a township zoning
commission whose personnel, length of terms and organization shall be the
same as provided in sections 65.650 to 65.700 for a township planning
commission. Such zoning commission shall make a preliminary report and a
proposed zoning order and shall hold public hearings thereon and shall
afford persons interested an opportunity to be heard. A hearing shall be
held in the areas of the township affected by the terms of such proposed
order, public notice of which hearing shall be given in the same manner
as provided for the hearing in section 65.662. Such notice shall state
the time and place of the hearing and the place where copies of the
proposed report and proposed zoning order will be accessible for
examination by interested parties. Such hearings may be adjourned from
time to time. Within ninety days after the final adjournment of such
hearings the zoning commission shall make a report and submit a proposed
order to the township board. The township board may adopt the order with
or without change or may refer it back to the zoning commission for
further consideration and report. In the preparation of its report and
proposed zoning order the zoning commission may incur such expenditures
as shall be authorized by the township. (L. 1989 S.B. 11 § 13)
After the adoption of a zoning plan or regulations adopted
pursuant thereto, no use of any parcel of land included in the plan or
regulations shall be changed without a public hearing and the person or
body which conducts the hearing shall give notice, at least fifteen days
before the hearing, by certified mail to all owners of any real property
located within one thousand feet of the parcel of land for which the
change is proposed. (L. 1989 S.B. 11 § 14)
Any township board which has adopted a zoning plan, as provided
in sections 65.650 to 65.700, shall appoint an officer or shall designate
one of the existing officials to enforce the provisions of sections
65.650 to 65.700. After the appointment or designation of such officer or
official, no building or other structure shall be erected, constructed,
reconstructed, enlarged or altered, or repaired in such manner as to
prolong the life of the building, nor shall the use of any land be
changed without a permit issued by such officer or official. (L. 1989
S.B. 11 § 15)
1. Any township board which appointed a township planning or
township zoning commission and which has adopted a zoning plan, as
provided in sections 65.650 to 65.700, shall appoint a township board of
zoning adjustment. The board shall consist of five freeholders, not more
than one of whom may be a member of the township planning commission or
the township zoning commission. The membership of the first board
appointed shall serve respectively: one for one year, one for two years,
one for three years, two for four years. Thereafter, members shall be
appointed for terms of four years each. Members shall be removable for
cause by the township board upon written charges and after public
hearings. Vacancies shall be filled by the township board for the
unexpired term of any member whose term becomes vacant. Members of the
board shall serve without compensation, but may be reimbursed for
expenses incurred for attendance at not more than four meetings per year
in an amount to be set by the township board, not to exceed ten dollars
per meeting. The board of zoning adjustment shall elect its own chairman
and shall adopt rules of procedure consistent with the provisions of the
zoning regulations and the provisions of sections 65.650 to 65.700. The
chairman, or in his absence the acting chairman, may administer oaths and
compel the attendance of witnesses. All meetings of the board of zoning
adjustment shall be open to the public, and minutes shall be kept of all
proceedings and official actions, which minutes shall be filed in the
office of the board and shall be a public record. Appeals to the board of
zoning adjustment may be taken by any owner, lessee or tenant of land, or
by a public officer, department, board or bureau, affected by any
decision of the administrative officer in administering a township zoning
rule. Such appeals shall be taken within a period of not more than three
months, and in the manner provided by the rules stay all proceedings in
furtherance of the action appealed from, unless the officer from whom the
appeal is taken shall certify to the board that by reason of facts stated
in the certificate a stay would, in his opinion, cause imminent peril to
life or property. The board of adjustment shall have the following powers
and it shall be its duty:
(1) To hear and decide appeals where it is alleged there is error of law
in any order, requirement, decision or determination made by an
administrative official in the enforcement of the township zoning
regulations;
(2) To hear and decide all matters referred to it or which it is required
to determine under the zoning regulations adopted by the township board
as herein provided;
(3) Where, by reason of exceptional narrowness, shallowness, shape of
topography or other extraordinary or exceptional situation or condition
of a specific piece of property, the strict application of any regulation
adopted under sections 65.650 to 65.700 would result in peculiar and
exceptional difficulties to or exceptional and demonstrable undue
hardship upon the owner of the property as an unreasonable deprivation of
use as distinguished from the mere grant of a privilege, to authorize,
upon an appeal relating to the property, a variance from the strict
application so as to relieve the demonstrable difficulties or hardships,
provided the relief can be granted without substantial detriment to the
public good and without substantially impairing the intent, purpose, and
integrity of the zone plan as embodied in the zoning regulations and map.
2. In exercising the above powers, the board may reverse or affirm wholly
or partly, or may modify the order, requirement, decision or
determination appealed from and may make such order, requirement,
decision or determination as ought to be made, and to that end shall have
all the powers of the officer from whom the appeal is taken. Any owners,
lessees or tenants of buildings, structures or land jointly or severally
aggrieved by any decision of the board of adjustment may appeal to the
township board for review. Any person aggrieved by a decision of the
township board may present to the circuit court of the county in which
the property affected is located, a petition, duly verified, stating that
the decision is illegal in whole or in part, specifying the grounds of
the illegality and asking for relief therefrom. Upon the presentation of
the petition, the court shall allow a writ of certiorari directed to the
board of adjustment or the township board, respectively, of the action
taken and data and records acted upon, and may appoint a referee to take
additional evidence in the case. The court may reverse or affirm or may
modify the decision brought up for review. After entry of judgment in the
circuit court in the action in review, any party to the cause may
prosecute an appeal to the appellate court having jurisdiction in the
same manner now or hereafter provided by law for appeals from other
judgments of the circuit court in civil cases. (L. 1989 S.B. 11 § 16)
The regulations imposed and the districts created under authority
of sections 65.650 to 65.700 may be amended from time to time by the
township board by order after the order establishing the same has gone
into effect but no such amendment shall be made by the township board
except after recommendation of the township planning commission, or if
there is no township planning commission, of the township zoning
commission, after hearings thereon by such commission. Public notice of
such hearings shall be given in the same manner as provided for the
hearing in section 65.662. In case of written protest against any
proposed change or amendment, signed and acknowledged by the owners of
thirty percent of the frontage within one thousand feet to the right or
left of the frontage proposed to be changed, or by the owners of thirty
percent of the frontage directly opposite, or directly in the rear of the
frontage proposed to be altered, or in cases where the land affected lies
within one and one-half miles of the corporate limits of a municipality
having in effect ordinances zoning property within the corporate limits
of such municipality, made by resolution of the city council or board of
trustees thereof, and filed with the township clerk, such amendment may
not be passed except by the favorable vote of all the members of the
township board. (L. 1989 S.B. 11 § 17)
Wherever the township zoning regulations made under authority of
sections 65.650 to 65.700 require a greater width or size of yards,
courts or other open spaces, or require a lower height of buildings or a
less number of stories, or require greater percentage of lots to be left
unoccupied, or require a lower density of population, or require a more
restricted use of land, or impose other higher standards than are
required in any other statute, local order or regulation, private deed
restrictions or private covenants, the regulations made under authority
of sections 65.650 to 65.700 shall govern. (L. 1989 S.B. 11 § 18)
1. Any owner, lessee or tenant of land located within any
unincorporated area covered or affected by any official master plan or
part thereof, or by any regulations or orders relating to subdivisions of
land, or by any zoning plan, or by any regulations relating to building
or setback lines on major highways, or by any regulations and
restrictions of buildings, structures, lots and lands, or other planning
or zoning regulations and restrictions or other regulations and
restrictions made and adopted under the provisions of sections 65.650 to
65.700, who shall lay out and improve any such subdivision of land, or
who shall construct, reconstruct, alter, relocate or maintain any
building or other structure, or use such land in violation of the
provisions of sections 65.650 to 65.700 or of order, regulation or
restriction made and adopted under the provisions of sections 65.650 to
65.700, is guilty of a misdemeanor.
2. In the event any subdivision of land is begun or made in violation of
the provisions of sections 65.650 to 65.700, or of any official master
plan or part thereof, or of any planning or zoning order, regulation or
restriction made and adopted under the provisions of sections 65.650 to
65.700, or in the event any building or structure is constructed,
reconstructed, relocated or maintained or any building, structure, lot or
land is used in violation of the provisions of sections 65.650 to 65.700
or of any planning or zoning plan, regulation, restriction or order made
and adopted by authority conferred under the provisions of sections
65.650 to 65.700, the township board, the township planning commission,
the township zoning commission, the prosecuting attorney, or any officer
or official appointed or designated under the provisions of section
65.665, or the owner of any private property or any public body the
property of whom or which is or may be affected by any such violation,
may institute in the circuit court of the county, any appropriate action
or proceedings to prevent such unlawful subdivision development or
erection, construction, reconstruction, alteration, relocation or
maintenance or use, or to restrain, abate or correct such violation, or
to prevent the occupancy of such building or structure or unlawful use of
such land, and to prevent any illegal act, conduct, business or use in or
about the premises.
3. The officer or official appointed or designated under the provisions
of section 65.662 may cause any land, building, structure, place or
premises to be inspected and examined and to order in writing the
remedying of any condition found to exist therein or thereat in violation
of any of the regulations or orders adopted or made under the provisions
of sections 65.650 to 65.700.
4. Any owner, lessee or tenant who, having been served with an order in
writing signed by such officer or official to correct or remove any such
violations, fails to comply with such order within ten days after such
service, or who continues to violate any of the regulations or orders
made under the authority of sections 65.650 to 65.700 in the respect
named in such order, shall be guilty of a* misdemeanor.
5. The owner or general agent of any such land, building, structure or
premises where a violation of any such orders, regulations or
restrictions has been committed or shall exist, or the lessee or tenant
of any entire building or entire premises where such violation has been
committed or shall exist, or the owner, general agent, lessee or tenant
of any part of the building or premises in which such violation has been
committed or shall exist, or the owner, general agent, architect, builder
or contractor or any other person who knowingly commits, takes part or
assists in such violation, or who maintains any building or premises in
which any such violation shall exist, shall be guilty of a misdemeanor.
(L. 1989 S.B. 11 § 19)
*Word "a" does not appear in original rolls.
1. Upon receipt of a petition signed by a number of voters in the
township equal to five percent of the total vote cast in the township at
the next preceding election for governor requesting submission of the
question, the township board in any township which has adopted a program
of township planning, township zoning or township planning and zoning
shall submit to the voters of the township the question to terminate the
program.
2. The question shall be submitted in substantially the following form:
Shall township planning (township zoning or township planning and zoning)
be terminated?
3. If a majority of those voting on the question vote for the termination
of the program, the township board shall declare the program terminated
and shall discharge any commission appointed thereunder. Any resolution,
ordinance or regulation adopted under the program pursuant to the
provisions of sections 65.650 to 65.700 shall be void and of no effect
from and after the termination of the program as provided in this
section. (L. 1989 S.B. 11 § 20)
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