SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SMITH (118) (Sponsor), LIPKE, DIXON, CROWELL,
SCHLOTTACH, STEVENSON AND BISHOP (Co-sponsors).
Read 1st time February 12, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 64.725, RSMo, and to enact in lieu thereof one new section relating to township planning and zoning.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 64.725, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 64.725, to read as follows:
64.725. 1. As an alternative to the procedures in sections 64.510 to 64.550, the county commission of any county may create a temporary county or [township] area planning commission prior to an election to adopt county or [township] area planning and zoning. Such planning commission shall prepare a county plan for:
(1) All areas of the county, whether such areas are incorporated or unincorporated, outside the corporate limits of any city, town or village which has adopted a city plan in accordance with the laws of this state; or
(2) Any individual unincorporated [township] area specified by the county commission, separate from the rest of the county, which shall affect only that specific [township] area.
2. The temporary county planning commission appointed pursuant to subdivision (1) of subsection 1 of this section shall consist of the county highway engineer, and one resident from each [township] such specified area of the county appointed by the county commission from the unincorporated area of the county. The temporary [township] area planning commission appointed pursuant to subdivision (2) of subsection 1 of this section shall consist of the highway engineer, one person appointed by the county commission and three residents of the [township] specified area for which the plan is proposed. The members of such planning commission or commissions shall serve until a planning commission is elected by the voters of the county or [township] specified area, pursuant to subsection 6 of this section. All members of such temporary planning commission or commissions shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. Such planning commission or commissions shall elect a chair at the first meeting of the year to serve for such year until a new chair is elected. The county highway engineer shall be an ex officio member of such planning commission or commissions.
3. Each temporary 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. Each commission may appoint such employees as it deems 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. Each commission shall have power to make, adopt and publish a proposal for a master plan of the county or [township] specified area for the purpose of bringing about coordinated physical development in accordance with the present and future needs. The master plan shall be developed so as to conserve the natural resources of the county or [township] specified area, to ensure efficient expenditure of public funds and to promote the health, safety, convenience, prosperity and general welfare of the inhabitants. Such 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. Before the adoption of the plan, the 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 affected county or [township] specified area, and notice of such hearing shall also be posted at least fifteen days in advance thereof in one or more public areas of the courthouse of the county. Such hearing may be adjourned from time to time. The adoption of the plan shall be by resolution carried by not less than a majority vote of the full membership of the temporary county or [township] area planning commission.
4. After the temporary county or [township] area planning commission has adopted a proposed plan for county or [township] area planning and zoning in the county or [township] such specified area, the county commission shall submit to the voters of the county or affected [township] specified area, the question of whether the county or [township] specified area should adopt county or [township] area planning and zoning as provided in the proposed plan. Such plan shall be available to the voters at least twenty days prior to the election. A notice stating the place or places and times for examining the plan shall be posted in one or more public areas of the courthouse of the county, and such notice shall be published in at least one newspaper of general circulation in the county or [township] specified area at least once a week for three consecutive weeks, the last publication to be twenty days prior to the election.
5. The question for the adoption of county or [township] area planning and zoning shall be submitted to the voters of the county, or to the voters of the [township] specified area, substantially in either of the following forms, depending on whether such ballot is for [township] area planning and zoning or for county planning and zoning:
(1) For [township] area planning and zoning:
Shall [township] area planning and zoning as proposed by the [township] area planning commission be adopted in .................. [township] (insert name of [township] specified area)?
□ YES □ NO
(2) For county planning and zoning:
Shall county planning and zoning as proposed by the county planning commission be adopted?
□ YES □ NO
6. If a majority of the votes cast in a county or [township] area on the question of whether the county or [township] specified area should adopt county or [township] area planning and zoning as provided in the proposed plan are in favor of adopting the plan, then the plan shall become immediately effective in the appropriate county or [township] specified area, and an attested copy of the official master plan shall be certified to the county commission, to the recorder of deeds, and to the clerk of each incorporated area covered by the plan or part thereof, [or to the clerk of the appropriate township, if any,] and the temporary county or [township] area planning commission shall implement the plan. At the next countywide election:
(1) For countywide plans, the voters in each township of the unincorporated area of the county shall elect one member from each township to be a member of the county planning commission; or
(2) For [township] area plans, the voters in the [township] specified area shall elect three members to the [township] area planning commission;
and the county commission shall by order entered of record have the newly elected members of the county or [township] area planning commission continue with a program of county or [township] area planning and zoning. If a majority of the votes cast on the question of whether the county or [township] specified area should adopt county or [township] area planning and zoning as provided in the proposed plan are in opposition to adopting the plan, then it shall be at the discretion of the county commission whether to retain or dissolve the temporary county or [township] area planning commission established pursuant to subsection 1 of this section.
7. The terms of the elected members of the county or [township] area planning commission shall be four years or until the member's successor takes office; except that, the terms shall be overlapping and one-half of the members first elected, or if an uneven number one-half plus one, shall be elected for two-year terms and the remaining members shall be elected for four-year terms. The county highway engineer shall be an ex officio member of the county or [township] area planning commission. The term of the county highway engineer shall be only for the duration of the engineer's tenure of official position. All members of the county or [township] area planning commission shall serve as such without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. The planning commission shall elect a chair at the first meeting of the year to serve for such year until a new chair is elected. The county or [township] area commission shall have all powers granted a county planning commission appointed pursuant to sections 64.510 to 64.695.
8. If the county commission does not appoint a temporary county or [township] area planning commission as provided in subsection 1 of this section, the voters of the county or of any township may submit a petition, signed by five percent of the number of voters in the county or [township] specified area voting at the last gubernatorial election, calling for the appointment of a temporary county or [township] area planning commission. Upon receipt of such a petition, the county commission shall appoint a temporary county or [township] area planning commission as provided in subsection 1 of this section.