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            


                                                                   11           

                           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           

                                                          3      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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