As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 22 5
1997-1998 6
REPRESENTATIVES WISE-OPFER-GRENDELL-THOMPSON-SCHULER-CATES- 8
FOX-TERWILLEGER 9
11
A B I L L
To amend sections 711.09 and 711.10 of the Revised 13
Code to eliminate the requirement that 14
subdivision plats in certain unincorporated 15
territory be approved by a city planning 17
commission or by a village planning commission,
platting commissioner, or legislative authority 18
before being recorded and to require plat 19
approval instead by a county or regional planning 20
commission, and to permit platting rules to 21
require proof of compliance with all applicable 22
township zoning resolutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 711.09 and 711.10 of the Revised 26
Code be amended to read as follows: 28
Sec. 711.09. Whenever (A) EXCEPT AS OTHERWISE PROVIDED IN 37
THIS DIVISION, WHEN a city planning commission adopts a plan for 39
the major streets or thoroughfares and for the parks and other 40
open public grounds of a city or any part thereof OF IT, or for 41
the unincorporated territory within three miles of the corporate 42
limits thereof OF A CITY or any part thereof OF IT, then no plat 44
of a subdivision of land within such THAT city or territory shall 45
be recorded until it has been approved by the city planning 47
commission and such THAT approval endorsed in writing on the 48
plat. If such THE land lies within three miles of more than one 49
city, then this section shall apply DIVISION APPLIES to the 50
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approval of the planning commission of the city whose boundary is 52
nearest to the land. THIS DIVISION DOES NOT APPLY TO ANY
UNINCORPORATED TERRITORY WHEN BOTH OF THE FOLLOWING CONDITIONS 53
ARE MET:
(1) THE TOWNSHIP IN WHICH THE TERRITORY IS LOCATED HAS A 55
ZONING RESOLUTION COVERING ALL THE UNINCORPORATED TERRITORY IN 56
THE TOWNSHIP.
(2) THE COUNTY IN WHICH THE TERRITORY IS LOCATED HAS A 58
COUNTY OR REGIONAL PLANNING COMMISSION. 59
WHEN BOTH OF THESE CONDITIONS ARE MET, NO PLAT OF A 61
SUBDIVISION OF LAND IN THAT UNINCORPORATED TERRITORY SHALL BE 62
RECORDED UNTIL IT HAS BEEN APPROVED BY THE COUNTY OR REGIONAL 63
PLANNING COMMISSION AS PROVIDED IN SECTION 711.10 OF THE REVISED
CODE.
Whenever (B) EXCEPT AS OTHERWISE PROVIDED IN THIS 65
DIVISION, WHEN a village planning commission, A platting 67
commissioner, or, if there is no commission or commissioner, the 68
legislative authority of a village, adopts a plan for the major 69
streets or thoroughfares and for the parks and other public 70
grounds of such A village or any part thereof OF IT, then no plat 72
of a subdivision of land within such THAT village shall be 73
recorded until it has been approved by the village commission, 75
commissioner, or legislative authority and such THAT approval 76
endorsed in writing on the plat. Whenever IF the county in which 78
the village lies contains no cities, has no county subdivision 80
regulations in effect, and the village commission, commissioner, 81
or legislative authority adopts a plan for the major streets or 82
thoroughfares and for the parks and other public grounds for the 83
unincorporated territory within one and one-half miles of the 84
corporate limits of the village or any part thereof OF IT, then 85
no plat of a subdivision of land shall be recorded until it has 87
been approved by the village commission, commissioner, or 88
legislative authority and such THAT approval is endorsed in 89
writing on the plat. If such THE land lies within one and 91
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one-half miles of more than one village, then this section shall 92
apply DIVISION APPLIES to the approval of the commission, 93
commissioner, or legislative authority of the village whose 94
boundary is nearest to the land. THIS DIVISION DOES NOT APPLY TO 96
ANY UNINCORPORATED TERRITORY WHEN BOTH OF THE FOLLOWING
CONDITIONS ARE MET: 98
(1) THE TOWNSHIP IN WHICH THE TERRITORY IS LOCATED HAS A 100
ZONING RESOLUTION COVERING ALL THE UNINCORPORATED TERRITORY IN 101
THE TOWNSHIP.
(2) THE COUNTY IN WHICH THE TERRITORY IS LOCATED HAS A 103
COUNTY OR REGIONAL PLANNING COMMISSION. 104
WHEN BOTH OF THESE CONDITIONS ARE MET, NO PLAT OF A 106
SUBDIVISION OF LAND IN THAT UNINCORPORATED TERRITORY SHALL BE 107
RECORDED UNTIL IT HAS BEEN APPROVED BY THE COUNTY OR REGIONAL 108
PLANNING COMMISSION AS PROVIDED IN SECTION 711.10 OF THE REVISED 109
CODE. 110
(C) The approval of the planning commission, THE platting 112
commissioner, or the legislative authority of a village, required 113
by this section, or the refusal to approve, shall be endorsed on 114
the plat within thirty days after the submission of the plat for 115
approval or within such further time as the applying party may 116
agree to; otherwise such THAT plat is deemed approved, and the 117
certificate of the planning commission, THE platting 118
commissioner, or the clerk of such THE legislative authority, as 119
to the date of the submission of the plat for approval and the 121
failure to take action thereon ON IT within such THAT time, shall 122
be issued on demand and shall be sufficient in lieu of the 124
written endorsement or other evidence of approval required by 125
this section. The planning commission, platting commissioner, or 126
legislative authority of a village shall not require a person 127
submitting a plat to alter the plat or any part of it as a 128
condition for approval, as long as the plat is in accordance with 129
the general rules governing plats and subdivisions of land, 130
adopted as provided in this section, in effect at the time the 131
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plat was submitted. The ground of refusal or approval of any 132
plat submitted, including citation of or reference to the rule 133
violated by the plat, shall be stated upon the record of the 134
commission, commissioner, or legislative authority. Within sixty 135
days after such refusal, the person submitting any plat which 136
THAT the commission, commissioner, or legislative authority 137
refuses to approve may file a petition in the court of common 138
pleas of the proper county, in which he THE PERSON shall be named 140
plaintiff. The petition shall contain a copy of the plat sought 141
to be recorded, a statement of the facts justifying the propriety 142
and reasonableness of the proposed subdivision, and a prayer for 143
an order directed to the recorder to record such THE plat and may 145
include a statement of facts to support a claim that the rules of 146
the planning authority under which it refused to approve such THE 147
plat are unreasonable or unlawful. The planning authority 149
refusing to approve such THE plat and the recorder of the county 151
shall be joined as defendants and summons shall be issued upon 152
such THOSE defendants as in civil actions. Within the rule day 153
provided for a civil action, the planning authority may file an 154
answer in which it may set forth a statement of the facts 155
justifying its refusal to approve such a THE plat, a copy of its 156
rule under which it refused to approve such THE plat, and a 158
statement of the facts supporting the reasonableness and 160
lawfulness of such THAT rule. The court shall hear the matter 162
upon such evidence as is introduced by either party and the 163
planning authority may introduce as a part of its case a complete 164
transcript of any proceedings had before it. Any detail of the 165
plat may be modified upon motion of the plaintiff before the 166
cause is submitted to the court. If the court finds that the 167
prayer for the recording of such THE plat or any modification 168
thereof OF IT as may be agreed to or proposed by the plaintiff, 170
is supported by a preponderance of the evidence, it shall enter 171
an order directed to the recorder to record such THE plat as 172
originally submitted or as agreed to be modified. Otherwise, the 174
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petition shall be dismissed. The court shall return a separate 175
finding upon the reasonableness and lawfulness of the refusal to 176
approve the plat or upon the reasonableness and lawfulness of the 177
rule under which the planning authority refused to approve the 178
same PLAT or both, as the case may require. The judgment or 180
order of the court may be appealed by either party on questions 181
of law as in other civil cases. 182
The planning commission, platting commissioner, or 184
legislative authority of a village may adopt general rules 185
governing plats and subdivisions of land falling within its 186
jurisdiction in order to secure and provide for the coordination 187
of the streets within the subdivision with existing streets and 188
roads or with the plan or plats of the municipal corporation, for 189
the proper amount of open spaces for traffic, circulation, and 190
utilities, and for the avoidance of future congestion of 191
population detrimental to the public health or safety but shall 192
not impose a greater minimum lot area than forty-eight hundred 193
square feet. Such THE rules may provide for the THEIR 195
modification thereof by such THE planning commission in specific 196
cases where unusual topographical or other exceptional conditions 197
require such THE modification. The rules may require the county 198
department of health to review and comment on a plat before the 199
planning commission, platting commissioner, or legislative 200
authority of a village acts upon it and may also require proof of 201
compliance with applicable township zoning resolutions regarding 202
lot size, frontage, and width as a basis for approval of a plat. 203
However, no city or village planning commission shall adopt 205
any rules requiring actual construction of streets or other 206
improvements or facilities or assurance of such THAT construction 208
as a condition precedent to the approval of a plat of a 209
subdivision unless such THE requirements have first been adopted 210
by the legislative authority of the city or village after a 211
public hearing. Such THE rules shall be promulgated and 212
published as provided by sections 731.17 to 731.42 of the Revised 213
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Code, and before adoption a public hearing shall be held thereon 214
ON THE ADOPTION and a copy thereof OF THE RULES shall be 216
certified by the commission, commissioner, or such legislative 218
authority to the county recorder of the county in which the 219
municipal corporation is located.
In the exercise of any power over or concerning the 221
platting and subdivision of land or the recording of plats of 222
subdivisions by a city, county, regional, or other planning 223
commission pursuant to any other section of the Revised Code, the 224
provisions of this section with respect to appeals from a 225
decision of a planning commission apply to the decision of any 226
such commission in the exercise of any such power OF THAT KIND 227
granted by any other section of the Revised Code in addition to 229
any other remedy of appeal granted therein BY THE REVISED CODE. 230
When a plan has been adopted as provided in this section, the 232
approval of plats shall be in lieu of the approvals provided for 233
by any other section of the Revised Code, so far as territory 234
within the approving jurisdiction of the commission, 235
commissioner, or such legislative authority, as provided in this 236
section, is concerned. Approval of a plat shall not be an 237
acceptance by the public of the dedication of any street, 238
highway, or other way or open space shown upon the plat.
(D) This section does not apply to unincorporated 240
territory in any county having five or more cities and having a 241
regional planning commission or county planning commission not 242
included within the geographic boundaries of a regional planning 243
commission, where such THE regional or county planning commission 245
has determined, by resolution, to exercise the authority granted 246
under section 711.10 of the Revised Code for the unincorporated 247
territory within three miles of cities within such a THAT county. 249
Sec. 711.10. Whenever a county planning commission or a 258
regional planning commission adopts a plan for the major streets 259
or highways of the county or region, then no plat of a 260
subdivision of land within the county or region, other than land 261
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within a municipal corporation or land within three miles of a 262
city or one and one-half miles of a village as provided in 263
section 711.09 of the Revised Code, shall be recorded until it is 264
approved by the county or regional planning commission and the 265
approval is endorsed in writing on the plat. Within five days of 266
AFTER the submission of a plat for approval, the county or 268
regional planning commission shall schedule a meeting to consider 269
the plat and send a written notice by certified mail, return 270
receipt requested, to the clerk of the board of township trustees 271
of the township in which a proposed plat is located. The notice 272
shall inform the trustees of the submission of the proposed plat 273
and of the date, time, and location of any meeting at which the 274
county or regional planning commission will consider or act upon 275
the proposed plat. The meeting shall take place within thirty 276
days of AFTER submission of the plat, and no meeting shall be 277
held until at least seven days have passed from the date the 279
notice was sent by the planning commission. The approval of the 280
planning commission or the refusal to approve shall be endorsed 281
on the plat within thirty days after the submission of the plat 282
for approval, or within such further time as the applying party 283
may agree to in writing; otherwise such THAT plat is deemed 284
approved, and the certificate of the planning commission as to 285
the date of the submission of the plat for approval and the 286
failure to take action thereon ON IT within such THAT time shall 287
be sufficient in lieu of the written endorsement or evidence of 289
approval required by this section. A county or regional planning 290
commission shall not require a person submitting the plat to 291
alter the plat or any part of it as a condition for approval, as 292
long as the plat is in accordance with the general rules 293
governing plats and subdivisions of land, adopted by the 294
commission as provided in this section, in effect at the time the 295
plat was submitted. The ground of refusal of approval of any 296
plat submitted, including citation of or reference to the rule 297
violated by the plat, shall be stated upon the record of the 298
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commission. Within sixty days after such THE refusal, the person 299
submitting any plat which the county or regional planning 301
commission refuses to approve may file a petition in the court of 302
common pleas of the proper county and the proceedings thereon ON 303
THE PETITION shall be governed by section 711.09 of the Revised 305
Code as in the case of the refusal of a planning authority to 306
approve a plat. A board of township trustees is not entitled to 307
appeal a decision of the county or regional planning commission 308
under this section.
Any such county or regional planning commission shall adopt 310
general rules, of uniform application, governing plats and 311
subdivisions of land falling within its jurisdiction, to secure 312
and provide for the proper arrangement of streets or other 313
highways in relation to existing or planned streets or highways 314
or to the county or regional plan, for adequate and convenient 315
open spaces for traffic, utilities, access of fire fighting 316
apparatus, recreation, light, AND air, and for the avoidance of 317
congestion of population. The rules may provide for the THEIR 318
modification thereof by the county or regional planning 319
commission in specific cases where unusual topographical and 320
other exceptional conditions require such THE modification. The 321
rules may require the county department of health to review and 322
comment on a plat before the county or regional planning 323
commission acts upon it and may also require proof of compliance 324
with applicable township zoning resolutions regarding lot size, 325
frontage, and width as a basis for approval of a plat. 326
Before adoption of its rules or amendment thereof OF ITS 328
RULES, a public hearing shall be held thereon ON THE ADOPTION OR 330
AMENDMENT by the commission. However, no county or regional 332
planning commission shall adopt any rules requiring actual 333
construction of streets or other improvements or facilities or 334
assurance of such THAT construction as a condition precedent to 335
the approval of a plat of a subdivision unless such THE 336
requirements have first been adopted by the board of county 337
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commissioners after a public hearing. A copy of such THE rules 338
shall be certified by the planning commission to the county 340
recorders of the appropriate counties. After a county or 341
regional street or highway plan has been adopted as provided in 342
this section, the approval of plats and subdivisions provided for 343
in this section shall be in lieu of any approvals provided for in 344
other sections of the Revised Code, so far as the territory 345
within the approving jurisdiction of the county or regional 346
planning commission, as provided in this section, is concerned. 347
Approval of a plat shall not be an acceptance by the public of 348
the dedication of any street, highway, or other way or open space 349
shown upon the plat. Any such county or regional planning 350
commission and a city or village planning commission, or platting 351
commissioner or legislative authority of a village, with 352
subdivision regulation jurisdiction over unincorporated territory 353
within the county or region may cooperate and agree by written 354
agreement that the approval of a plat by the city or village 355
planning commission, or platting commissioner or legislative 356
authority of a village, as provided in section 711.09 of the 357
Revised Code, shall be conditioned upon receiving advice from or 358
approval by the county or regional planning commission. 359
Section 2. That existing sections 711.09 and 711.10 of the 361
Revised Code are hereby repealed. 363