As Reported by the House Local Government and Townships Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 22 5
1997-1998 6
REPRESENTATIVES WISE-OPFER-GRENDELL-THOMPSON-SCHULER-CATES-FOX- 8
TERWILLEGER-GARCIA-MOTTLEY 9
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A B I L L
To amend sections 711.05, 711.09, and 711.10 of the 13
Revised Code to eliminate the requirement that 15
subdivision plats in certain unincorporated 16
territory be approved by a city planning 18
commission or by a village planning commission, 19
platting commissioner, or legislative authority 20
before being recorded and to require plat 21
approval instead by a county or regional planning 22
commission, and to permit platting rules to 23
require proof of compliance with any applicable 24
zoning resolutions. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 711.05, 711.09, and 711.10 of the 29
Revised Code be amended to read as follows: 32
Sec. 711.05. Upon the submission of a plat for approval, 41
in accordance with section 711.041 of the Revised Code, the board 42
of county commissioners shall certify thereon the date of the 43
submission. Within five days of submission of the plat, the 44
board shall schedule a meeting to consider the plat and send a 45
written notice by certified mail, return receipt requested, to 46
the clerk of the board of township trustees of the township in 47
which the plat is located. The notice shall inform the trustees 48
of the submission of the plat and of the date, time, and location 49
of any meeting at which the board of county commissioners will 50
consider or act upon the proposed plat. The meeting shall take 51
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place within thirty days of submission of the plat, and no 52
meeting shall be held until at least seven days have passed from 53
the date the notice was sent by the board of county 54
commissioners. The approval of the board required by section 55
711.041 of the Revised Code or the refusal to approve shall take 56
place within thirty days from the date of submission or such 57
further time as the applying party may agree to in writing; 58
otherwise the plat is deemed approved and may be recorded as if 59
bearing such approval. The board may adopt general rules 60
governing plats and subdivisions of land falling within its 61
jurisdiction, to secure and provide for the coordination of the 62
streets within the subdivision with existing streets and roads or 63
with existing county highways, for the proper amount of open 64
spaces for traffic, circulation, and utilities, and for the 65
avoidance of future congestion of population detrimental to the 66
public health, safety, or welfare but shall not impose a greater 67
minimum lot area than forty-eight hundred square feet. The rules 68
may require the county department of health to review and comment 69
on a plat before the board of county commissioners acts upon it 70
and may also require proof of compliance with ANY applicable 71
township zoning resolutions regarding lot size, frontage, and 73
width as a basis for approval of a plat. Where under the 74
provisions of section 711.101 of the Revised Code the board of 75
county commissioners has set up standards and specifications for 76
the construction of streets, utilities, and other improvements 77
for common use, such general rules may require the submission of 78
appropriate plans and specifications for approval. The board 79
shall not require the person submitting the plat to alter the 80
plat or any part of it as a condition for approval, as long as 81
the plat is in accordance with general rules governing plats and 82
subdivisions of land, adopted by the board as provided in this 83
section, in effect at the time the plat was submitted and the 84
plat is in accordance with any standards and specifications set 85
up under section 711.101 of the Revised Code, in effect at the 86
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time the plat was submitted. The ground of refusal to approve 87
any plat, submitted in accordance with section 711.041 of the 88
Revised Code, shall be stated upon the record of the board and, 89
within sixty days thereafter, the person submitting any plat 90
which the board refuses to approve may file a petition in the 91
court of common pleas of the county in which the land described 92
in the plat is situated to review the action of such board. A 93
board of township trustees is not entitled to appeal a decision 94
of the board of county commissioners under this section. 95
Sec. 711.09. Whenever (A)(1) EXCEPT AS OTHERWISE PROVIDED 104
IN DIVISION (A)(2) OF THIS SECTION, WHEN a city planning 106
commission adopts a plan for the major streets or thoroughfares 108
and for the parks and other open public grounds of a city or any 109
part thereof OF IT, or for the unincorporated territory within 111
three miles of the corporate limits thereof OF A CITY or any part 112
thereof OF IT, then no plat of a subdivision of land within such 114
THAT city or territory shall be recorded until it has been 116
approved by the city planning commission and such THAT approval 117
endorsed in writing on the plat. If such THE land lies within 118
three miles of more than one city, then DIVISION (A)(1) OF this 119
section shall apply APPLIES to the approval of the planning 120
commission of the city whose boundary is nearest to the land. 122
Whenever (2) DIVISION (A)(1) OF THIS SECTION DOES NOT 125
APPLY TO ANY UNINCORPORATED TERRITORY WHEN ALL OF THE FOLLOWING 126
CONDITIONS ARE MET:
(a) THE TOWNSHIP IN WHICH THE TERRITORY IS LOCATED HAS A 128
ZONING RESOLUTION COVERING ALL THE UNINCORPORATED TERRITORY IN 130
THE TOWNSHIP.
(b) THE COUNTY IN WHICH THE TERRITORY IS LOCATED HAS A 132
COUNTY OR REGIONAL PLANNING COMMISSION. 134
(c) SUBDIVISION REGULATIONS OTHER THAN MUNICIPAL 136
SUBDIVISION REGULATIONS ARE IN EFFECT IN THE COUNTY IN WHICH THE 138
UNINCORPORATED TERRITORY IS LOCATED.
WHEN ALL OF THESE CONDITIONS ARE MET, NO PLAT OF A 140
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SUBDIVISION OF LAND IN THAT UNINCORPORATED TERRITORY SHALL BE 141
RECORDED UNTIL IT HAS BEEN APPROVED BY THE COUNTY OR REGIONAL 142
PLANNING COMMISSION AS PROVIDED IN SECTION 711.10 OF THE REVISED
CODE.
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 145
THIS SECTION, WHEN a village planning commission, A platting 147
commissioner, or, if there is no commission or commissioner, the 148
legislative authority of a village, adopts a plan for the major 149
streets or thoroughfares and for the parks and other public 150
grounds of such A village or any part thereof OF IT, then no plat 152
of a subdivision of land within such THAT village shall be 153
recorded until it has been approved by the village commission, 155
commissioner, or legislative authority and such THAT approval 156
endorsed in writing on the plat. Whenever IF the county in which 158
the village lies contains no cities, has no county subdivision 160
regulations in effect, and the village commission, commissioner, 161
or legislative authority adopts a plan for the major streets or 162
thoroughfares and for the parks and other public grounds for the 163
unincorporated territory within one and one-half miles of the 164
corporate limits of the village or any part thereof OF IT, then 165
no plat of a subdivision of land shall be recorded until it has 167
been approved by the village commission, commissioner, or 168
legislative authority and such THAT approval is endorsed in 169
writing on the plat. If such THE land lies within one and 171
one-half miles of more than one village, then DIVISION (B)(1) OF 172
this section shall apply APPLIES to the approval of the 173
commission, commissioner, or legislative authority of the village 175
whose boundary is nearest to the land. 176
(2) DIVISION (B)(1) OF THIS SECTION DOES NOT APPLY TO ANY 179
UNINCORPORATED TERRITORY WHEN BOTH OF THE FOLLOWING CONDITIONS
ARE MET: 181
(a) THE TOWNSHIP IN WHICH THE TERRITORY IS LOCATED HAS A 183
ZONING RESOLUTION COVERING ALL THE UNINCORPORATED TERRITORY IN 184
THE TOWNSHIP.
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(b) THE COUNTY IN WHICH THE TERRITORY IS LOCATED HAS A 186
COUNTY OR REGIONAL PLANNING COMMISSION. 188
WHEN BOTH OF THESE CONDITIONS ARE MET, NO PLAT OF A 190
SUBDIVISION OF LAND IN THAT UNINCORPORATED TERRITORY SHALL BE 191
RECORDED UNTIL IT HAS BEEN APPROVED BY THE COUNTY OR REGIONAL 192
PLANNING COMMISSION AS PROVIDED IN SECTION 711.10 OF THE REVISED 193
CODE. 194
(C) The approval of the planning commission, THE platting 196
commissioner, or the legislative authority of a village, required 197
by this section, or the refusal to approve, shall be endorsed on 198
the plat within thirty days after the submission of the plat for 199
approval or within such further time as the applying party may 200
agree to; otherwise such THAT plat is deemed approved, and the 201
certificate of the planning commission, THE platting 202
commissioner, or the clerk of such THE legislative authority, as 203
to the date of the submission of the plat for approval and the 205
failure to take action thereon ON IT within such THAT time, shall 206
be issued on demand and shall be sufficient in lieu of the 208
written endorsement or other evidence of approval required by 209
this section. The planning commission, platting commissioner, or 210
legislative authority of a village shall not require a person 211
submitting a plat to alter the plat or any part of it as a 212
condition for approval, as long as the plat is in accordance with 213
the general rules governing plats and subdivisions of land, 214
adopted as provided in this section, in effect at the time the 215
plat was submitted. The ground of refusal or approval of any 216
plat submitted, including citation of or reference to the rule 217
violated by the plat, shall be stated upon the record of the 218
commission, commissioner, or legislative authority. Within sixty 219
days after such refusal, the person submitting any plat which 220
THAT the commission, commissioner, or legislative authority 221
refuses to approve may file a petition in the court of common 222
pleas of the proper county, in which he THE PERSON shall be named 224
plaintiff. The petition shall contain a copy of the plat sought 225
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to be recorded, a statement of the facts justifying the propriety 226
and reasonableness of the proposed subdivision, and a prayer for 227
an order directed to the recorder to record such THE plat and may 229
include a statement of facts to support a claim that the rules of 230
the planning authority under which it refused to approve such THE 231
plat are unreasonable or unlawful. The planning authority 233
refusing to approve such THE plat and the recorder of the county 235
shall be joined as defendants and summons shall be issued upon 236
such THOSE defendants as in civil actions. Within the rule day 237
provided for a civil action, the planning authority may file an 238
answer in which it may set forth a statement of the facts 239
justifying its refusal to approve such a THE plat, a copy of its 240
rule under which it refused to approve such THE plat, and a 242
statement of the facts supporting the reasonableness and 244
lawfulness of such THAT rule. The court shall hear the matter 246
upon such evidence as is introduced by either party and the 247
planning authority may introduce as a part of its case a complete 248
transcript of any proceedings had before it. Any detail of the 249
plat may be modified upon motion of the plaintiff before the 250
cause is submitted to the court. If the court finds that the 251
prayer for the recording of such THE plat or any modification 252
thereof OF IT as may be agreed to or proposed by the plaintiff, 254
is supported by a preponderance of the evidence, it shall enter 255
an order directed to the recorder to record such THE plat as 256
originally submitted or as agreed to be modified. Otherwise, the 258
petition shall be dismissed. The court shall return a separate 259
finding upon the reasonableness and lawfulness of the refusal to 260
approve the plat or upon the reasonableness and lawfulness of the 261
rule under which the planning authority refused to approve the 262
same PLAT or both, as the case may require. The judgment or 264
order of the court may be appealed by either party on questions 265
of law as in other civil cases. 266
The planning commission, platting commissioner, or 268
legislative authority of a village may adopt general rules 269
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governing plats and subdivisions of land falling within its 270
jurisdiction in order to secure and provide for the coordination 271
of the streets within the subdivision with existing streets and 272
roads or with the plan or plats of the municipal corporation, for 273
the proper amount of open spaces for traffic, circulation, and 274
utilities, and for the avoidance of future congestion of 275
population detrimental to the public health or safety but shall 276
not impose a greater minimum lot area than forty-eight hundred 277
square feet. Such THE rules may provide for the THEIR 279
modification thereof by such THE planning commission in specific 280
cases where unusual topographical or other exceptional conditions 281
require such THE modification. The rules may require the county 282
department of health to review and comment on a plat before the 283
planning commission, platting commissioner, or legislative 284
authority of a village acts upon it and may also require proof of 285
compliance with ANY applicable township zoning resolutions 286
regarding lot size, frontage, and width as a basis for approval 288
of a plat.
However, no city or village planning commission shall adopt 290
any rules requiring actual construction of streets or other 291
improvements or facilities or assurance of such THAT construction 293
as a condition precedent to the approval of a plat of a 294
subdivision unless such THE requirements have first been adopted 295
by the legislative authority of the city or village after a 296
public hearing. Such THE rules shall be promulgated and 297
published as provided by sections 731.17 to 731.42 of the Revised 298
Code, and before adoption a public hearing shall be held thereon 299
ON THE ADOPTION and a copy thereof OF THE RULES shall be 301
certified by the commission, commissioner, or such legislative 303
authority to the county recorder of the county in which the 304
municipal corporation is located.
In the exercise of any power over or concerning the 306
platting and subdivision of land or the recording of plats of 307
subdivisions by a city, county, regional, or other planning 308
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commission pursuant to any other section of the Revised Code, the 309
provisions of this section with respect to appeals from a 310
decision of a planning commission apply to the decision of any 311
such commission in the exercise of any such power OF THAT KIND 312
granted by any other section of the Revised Code in addition to 314
any other remedy of appeal granted therein BY THE REVISED CODE. 315
When a plan has been adopted as provided in this section, the 317
approval of plats shall be in lieu of the approvals provided for 318
by any other section of the Revised Code, so far as territory 319
within the approving jurisdiction of the commission, 320
commissioner, or such legislative authority, as provided in this 321
section, is concerned. Approval of a plat shall not be an 322
acceptance by the public of the dedication of any street, 323
highway, or other way or open space shown upon the plat.
(D) This section does not apply to unincorporated 325
territory in any county having five or more cities and having a 326
regional planning commission or county planning commission not 327
included within the geographic boundaries of a regional planning 328
commission, where such THE regional or county planning commission 330
has determined, by resolution, to exercise the authority granted 331
under section 711.10 of the Revised Code for the unincorporated 332
territory within three miles of cities within such a THAT county. 334
Sec. 711.10. Whenever a county planning commission or a 343
regional planning commission adopts a plan for the major streets 344
or highways of the county or region, then no plat of a 345
subdivision of land within the county or region, other than land 346
within a municipal corporation or land within three miles of a 347
city or one and one-half miles of a village as provided in 348
section 711.09 of the Revised Code, shall be recorded until it is 349
approved by the county or regional planning commission and the 350
approval is endorsed in writing on the plat. Within five days of 351
AFTER the submission of a plat for approval, the county or 353
regional planning commission shall schedule a meeting to consider 354
the plat and send a written notice by certified mail, return 355
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receipt requested, to the clerk of the board of township trustees 356
of the township in which a proposed plat is located. The notice 357
shall inform the trustees of the submission of the proposed plat 358
and of the date, time, and location of any meeting at which the 359
county or regional planning commission will consider or act upon 360
the proposed plat. The meeting shall take place within thirty 361
days of AFTER submission of the plat, and no meeting shall be 362
held until at least seven days have passed from the date the 364
notice was sent by the planning commission. The approval of the 365
planning commission or the refusal to approve shall be endorsed 366
on the plat within thirty days after the submission of the plat 367
for approval, or within such further time as the applying party 368
may agree to in writing; otherwise such THAT plat is deemed 369
approved, and the certificate of the planning commission as to 370
the date of the submission of the plat for approval and the 371
failure to take action thereon ON IT within such THAT time shall 372
be sufficient in lieu of the written endorsement or evidence of 374
approval required by this section. A county or regional planning 375
commission shall not require a person submitting the plat to 376
alter the plat or any part of it as a condition for approval, as 377
long as the plat is in accordance with the general rules 378
governing plats and subdivisions of land, adopted by the 379
commission as provided in this section, in effect at the time the 380
plat was submitted. The ground of refusal of approval of any 381
plat submitted, including citation of or reference to the rule 382
violated by the plat, shall be stated upon the record of the 383
commission. Within sixty days after such THE refusal, the person 384
submitting any plat which the county or regional planning 386
commission refuses to approve may file a petition in the court of 387
common pleas of the proper county and the proceedings thereon ON 388
THE PETITION shall be governed by section 711.09 of the Revised 390
Code as in the case of the refusal of a planning authority to 391
approve a plat. A board of township trustees is not entitled to 392
appeal a decision of the county or regional planning commission 393
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under this section.
Any such county or regional planning commission shall adopt 395
general rules, of uniform application, governing plats and 396
subdivisions of land falling within its jurisdiction, to secure 397
and provide for the proper arrangement of streets or other 398
highways in relation to existing or planned streets or highways 399
or to the county or regional plan, for adequate and convenient 400
open spaces for traffic, utilities, access of fire fighting 401
apparatus, recreation, light, AND air, and for the avoidance of 402
congestion of population. The rules may provide for the THEIR 403
modification thereof by the county or regional planning 404
commission in specific cases where unusual topographical and 405
other exceptional conditions require such THE modification. The 406
rules may require the county department of health to review and 407
comment on a plat before the county or regional planning 408
commission acts upon it and may also require proof of compliance 409
with ANY applicable township zoning resolutions regarding lot 410
size, frontage, and width as a basis for approval of a plat. 412
Before adoption of its rules or amendment thereof OF ITS 414
RULES, a public hearing shall be held thereon ON THE ADOPTION OR 416
AMENDMENT by the commission. However, no county or regional 418
planning commission shall adopt any rules requiring actual 419
construction of streets or other improvements or facilities or 420
assurance of such THAT construction as a condition precedent to 421
the approval of a plat of a subdivision unless such THE 422
requirements have first been adopted by the board of county 423
commissioners after a public hearing. A copy of such THE rules 424
shall be certified by the planning commission to the county 426
recorders of the appropriate counties. After a county or 427
regional street or highway plan has been adopted as provided in 428
this section, the approval of plats and subdivisions provided for 429
in this section shall be in lieu of any approvals provided for in 430
other sections of the Revised Code, so far as the territory 431
within the approving jurisdiction of the county or regional 432
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planning commission, as provided in this section, is concerned. 433
Approval of a plat shall not be an acceptance by the public of 434
the dedication of any street, highway, or other way or open space 435
shown upon the plat. Any such county or regional planning 436
commission and a city or village planning commission, or platting 437
commissioner or legislative authority of a village, with 438
subdivision regulation jurisdiction over unincorporated territory 439
within the county or region may cooperate and agree by written 440
agreement that the approval of a plat by the city or village 441
planning commission, or platting commissioner or legislative 442
authority of a village, as provided in section 711.09 of the 443
Revised Code, shall be conditioned upon receiving advice from or 444
approval by the county or regional planning commission. 445
Section 2. That existing sections 711.05, 711.09, and 447
711.10 of the Revised Code are hereby repealed. 450