As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

122nd General Assembly                                             5            

   Regular Session                              Sub. H. B. No. 22  6            

      1997-1998                                                    7            


 REPRESENTATIVES WISE-OPFER-GRENDELL-THOMPSON-SCHULER-CATES-FOX-   9            

TERWILLEGER-GARCIA-MOTTLEY-KASPUTIS-O'BRIEN-CLANCY-WILLIAMS-OGG-   10           

                SENATORS BLESSING-GARDNER-ZALESKI                  11           


                                                                   12           

                           A   B I L L                                          

             To amend sections 711.05, 711.09, and 711.10 of the   14           

                Revised Code to eliminate the requirement that     16           

                subdivision plats in certain unincorporated        17           

                territory be approved by a city planning           19           

                commission or by a village planning  commission,   20           

                platting commissioner, or legislative authority    21           

                before being recorded and to require plat          22           

                approval instead by a county or regional planning  23           

                commission, and to permit platting rules to        24           

                require proof of compliance with any applicable    25           

                zoning  resolutions.                               26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 711.05, 711.09, and 711.10 of the  30           

Revised Code be amended to read as follows:                        33           

      Sec. 711.05.  Upon the submission of a plat for approval,    42           

in accordance with section 711.041 of the Revised Code, the board  43           

of county commissioners shall certify thereon the date of the      44           

submission.  Within five days of submission of the plat, the       45           

board shall schedule a meeting to consider the plat and send a     46           

written notice by certified mail, return receipt requested, to     47           

the clerk of the board of township trustees of the township in     48           

which the plat is located.  The notice shall inform the trustees   49           

of the submission of the plat and of the date, time, and location  50           

                                                          2      

                                                                 
of any meeting at which the board of county commissioners will     51           

consider or act upon the proposed plat.  The meeting shall take    52           

place within thirty days of submission of the plat, and no         53           

meeting shall be held until at least seven days have passed from   54           

the date the notice was sent by the board of county                55           

commissioners.  The approval of the board required by section      56           

711.041 of the Revised Code or the refusal to approve shall take   57           

place within thirty days from the date of submission or such       58           

further time as the applying party may agree to in writing;        59           

otherwise the plat is deemed approved and may be recorded as if    60           

bearing such approval.  The board may adopt general rules          61           

governing plats and subdivisions of land falling within its        62           

jurisdiction, to secure and provide for the coordination of the    63           

streets within the subdivision with existing streets and roads or  64           

with existing county highways, for the proper amount of open       65           

spaces for traffic, circulation, and utilities, and for the        66           

avoidance of future congestion of population detrimental to the    67           

public health, safety, or welfare but shall not impose a greater   68           

minimum lot area than forty-eight hundred square feet.  The rules  69           

may require the county department of health to review and comment  70           

on a plat before the board of county commissioners acts upon it    71           

and may also require proof of compliance with ANY applicable       72           

township zoning resolutions regarding lot size, frontage, and      74           

width as a basis for approval of a plat.  Where under the          75           

provisions of section 711.101 of the Revised Code the board of     76           

county commissioners has set up standards and specifications for   77           

the construction of streets, utilities, and other improvements     78           

for common use, such general rules may require the submission of   79           

appropriate plans and specifications for approval.  The board      80           

shall not require the person submitting the plat to alter the      81           

plat or any part of it as a condition for approval, as long as     82           

the plat is in accordance with general rules governing plats and   83           

subdivisions of land, adopted by the board as provided in this     84           

section, in effect at the time the plat was submitted and the      85           

                                                          3      

                                                                 
plat is in accordance with any standards and specifications set    86           

up under section 711.101 of the Revised Code, in effect at the     87           

time the plat was submitted.  The ground of refusal to approve     88           

any plat, submitted in accordance with section 711.041 of the      89           

Revised Code, shall be stated upon the record of the board and,    90           

within sixty days thereafter, the person submitting any plat       91           

which the board refuses to approve may file a petition in the      92           

court of common pleas of the county in which the land described    93           

in the plat is situated to review the action of such board.  A     94           

board of township trustees is not entitled to appeal a decision    95           

of the board of county commissioners under this section.           96           

      Sec. 711.09.  Whenever (A)(1)  EXCEPT AS OTHERWISE PROVIDED  105          

IN DIVISION (A)(2) OF THIS SECTION, WHEN a city planning           107          

commission adopts a plan for the major streets or thoroughfares    109          

and for the parks and other open public grounds of a city or any   110          

part thereof OF IT, or for the unincorporated territory within     112          

three miles of the corporate limits thereof OF A CITY or any part  113          

thereof OF IT, then no plat of a subdivision of land within such   115          

THAT city or territory shall be recorded until it has been         117          

approved by the city planning commission and such THAT approval    118          

endorsed in writing on the plat.  If such THE land lies within     119          

three miles of more than one city, then DIVISION (A)(1) OF this    120          

section shall apply APPLIES to the approval of the planning        121          

commission of the city whose boundary is nearest to the land.      123          

      Whenever (2)  DIVISION (A)(1) OF THIS SECTION DOES NOT       126          

APPLY TO ANY UNINCORPORATED TERRITORY WHEN ALL OF THE FOLLOWING    127          

CONDITIONS ARE MET:                                                             

      (a)  THE TOWNSHIP IN WHICH THE TERRITORY IS LOCATED HAS A    129          

ZONING RESOLUTION COVERING ALL THE UNINCORPORATED TERRITORY IN     131          

THE TOWNSHIP.                                                                   

      (b)  THE COUNTY IN WHICH THE TERRITORY IS LOCATED HAS A      133          

COUNTY OR REGIONAL PLANNING COMMISSION.                            135          

      (c)  SUBDIVISION REGULATIONS OTHER THAN MUNICIPAL            137          

SUBDIVISION REGULATIONS ARE IN EFFECT IN THE COUNTY IN WHICH THE   139          

                                                          4      

                                                                 
UNINCORPORATED TERRITORY IS LOCATED.                                            

      WHEN ALL OF THESE CONDITIONS ARE MET, NO PLAT OF A           141          

SUBDIVISION OF LAND IN THAT UNINCORPORATED TERRITORY SHALL BE      142          

RECORDED UNTIL IT HAS BEEN APPROVED BY THE COUNTY OR REGIONAL      143          

PLANNING COMMISSION AS PROVIDED IN SECTION 711.10 OF THE REVISED                

CODE.                                                                           

      (B)(1)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF   146          

THIS SECTION, WHEN a village planning commission, A platting       148          

commissioner, or, if there is no commission or commissioner, the   149          

legislative authority of a village, adopts a plan for the major    150          

streets or thoroughfares and for the parks and other public        151          

grounds of such A village or any part thereof OF IT, then no plat  153          

of a subdivision of land within such THAT village shall be         154          

recorded until it has been approved by the village commission,     156          

commissioner, or legislative authority and such THAT approval      157          

endorsed in writing on the plat.  Whenever IF the county in which  159          

the village lies contains no cities, has no county subdivision     161          

regulations in effect, and the village commission, commissioner,   162          

or legislative authority adopts a plan for the major streets or    163          

thoroughfares and for the parks and other public grounds for the   164          

unincorporated territory within one and one-half miles of the      165          

corporate limits of the village or any part thereof OF IT, then    166          

no plat of a subdivision of land shall be recorded until it has    168          

been approved by the village commission, commissioner, or          169          

legislative authority and such THAT approval is endorsed in        170          

writing on the plat.  If such THE land lies within one and         172          

one-half miles of more than one village, then DIVISION (B)(1) OF   173          

this section shall apply APPLIES to the approval of the            174          

commission, commissioner, or legislative authority of the village  176          

whose boundary is nearest to the land.                             177          

      (2)  DIVISION (B)(1) OF THIS SECTION DOES NOT APPLY TO ANY   180          

UNINCORPORATED TERRITORY WHEN BOTH OF THE FOLLOWING CONDITIONS                  

ARE MET:                                                           182          

      (a)  THE TOWNSHIP IN WHICH THE TERRITORY IS LOCATED HAS A    184          

                                                          5      

                                                                 
ZONING RESOLUTION COVERING ALL THE UNINCORPORATED TERRITORY IN     185          

THE TOWNSHIP.                                                                   

      (b)  THE COUNTY IN WHICH THE TERRITORY IS LOCATED HAS A      187          

COUNTY OR REGIONAL PLANNING COMMISSION.                            189          

      WHEN BOTH OF THESE CONDITIONS ARE MET, NO PLAT OF A          191          

SUBDIVISION OF LAND IN THAT UNINCORPORATED TERRITORY SHALL BE      192          

RECORDED UNTIL IT HAS BEEN APPROVED BY THE COUNTY OR REGIONAL      193          

PLANNING COMMISSION AS PROVIDED IN SECTION 711.10 OF THE REVISED   194          

CODE.                                                              195          

      (C)  The approval of the planning commission, THE platting   197          

commissioner, or the legislative authority of a village, required  198          

by this section, or the refusal to approve, shall be endorsed on   199          

the plat within thirty days after the submission of the plat for   200          

approval or within such further time as the applying party may     201          

agree to; otherwise such THAT plat is deemed approved, and the     202          

certificate of the planning commission, THE platting               203          

commissioner, or the clerk of such THE legislative authority, as   204          

to the date of the submission of the plat for approval and the     206          

failure to take action thereon ON IT within such THAT time, shall  207          

be issued on demand and shall be sufficient in lieu of the         209          

written endorsement or other evidence of approval required by      210          

this section.  The planning commission, platting commissioner, or  211          

legislative authority of a village shall not require a person      212          

submitting a plat to alter the plat or any part of it as a         213          

condition for approval, as long as the plat is in accordance with  214          

the general rules governing plats and subdivisions of land,        215          

adopted as provided in this section, in effect at the time the     216          

plat was submitted.  The ground of refusal or approval of any      217          

plat submitted, including citation of or reference to the rule     218          

violated by the plat, shall be stated upon the record of the       219          

commission, commissioner, or legislative authority.  Within sixty  220          

days after such refusal, the person submitting any plat which      221          

THAT the commission, commissioner, or legislative authority        222          

refuses to approve may file a petition in the court of common      223          

                                                          6      

                                                                 
pleas of the proper county, in which he THE PERSON shall be named  225          

plaintiff.  The petition shall contain a copy of the plat sought   226          

to be recorded, a statement of the facts justifying the propriety  227          

and reasonableness of the proposed subdivision, and a prayer for   228          

an order directed to the recorder to record such THE plat and may  230          

include a statement of facts to support a claim that the rules of  231          

the planning authority under which it refused to approve such THE  232          

plat are unreasonable or unlawful.  The planning authority         234          

refusing to approve such THE plat and the recorder of the county   236          

shall be joined as defendants and summons shall be issued upon     237          

such THOSE defendants as in civil actions.  Within the rule day    238          

provided for a civil action, the planning authority may file an    239          

answer in which it may set forth a statement of the facts          240          

justifying its refusal to approve such a THE plat, a copy of its   241          

rule under which it refused to approve such THE plat, and a        243          

statement of the facts supporting the reasonableness and           245          

lawfulness of such THAT rule.  The court shall hear the matter     247          

upon such evidence as is introduced by either party and the        248          

planning authority may introduce as a part of its case a complete  249          

transcript of any proceedings had before it.  Any detail of the    250          

plat may be modified upon motion of the plaintiff before the       251          

cause is submitted to the court.  If the court finds that the      252          

prayer for the recording of such THE plat or any modification      253          

thereof OF IT as may be agreed to or proposed by the plaintiff,    255          

is supported by a preponderance of the evidence, it shall enter    256          

an order directed to the recorder to record such THE plat as       257          

originally submitted or as agreed to be modified.  Otherwise, the  259          

petition shall be dismissed.  The court shall return a separate    260          

finding upon the reasonableness and lawfulness of the refusal to   261          

approve the plat or upon the reasonableness and lawfulness of the  262          

rule under which the planning authority refused to approve the     263          

same PLAT or both, as the case may require.  The judgment or       265          

order of the court may be appealed by either party on questions    266          

of law as in other civil cases.                                    267          

                                                          7      

                                                                 
      The planning commission, platting commissioner, or           269          

legislative authority of a village may adopt general rules         270          

governing plats and subdivisions of land falling within its        271          

jurisdiction in order to secure and provide for the coordination   272          

of the streets within the subdivision with existing streets and    273          

roads or with the plan or plats of the municipal corporation, for  274          

the proper amount of open spaces for traffic, circulation, and     275          

utilities, and for the avoidance of future congestion of           276          

population detrimental to the public health or safety but shall    277          

not impose a greater minimum lot area than forty-eight hundred     278          

square feet.  Such THE rules may provide for the THEIR             280          

modification thereof by such THE planning commission in specific   281          

cases where unusual topographical or other exceptional conditions  282          

require such THE modification.  The rules may require the county   283          

department of health to review and comment on a plat before the    284          

planning commission, platting commissioner, or legislative         285          

authority of a village acts upon it and may also require proof of  286          

compliance with ANY applicable township zoning resolutions         287          

regarding lot size, frontage, and width as a basis for approval    289          

of a plat.                                                                      

      However, no city or village planning commission shall adopt  291          

any rules requiring actual construction of streets or other        292          

improvements or facilities or assurance of such THAT construction  294          

as a condition precedent to the approval of a plat of a            295          

subdivision unless such THE requirements have first been adopted   296          

by the legislative authority of the city or village after a        297          

public hearing.  Such THE rules shall be promulgated and           298          

published as provided by sections 731.17 to 731.42 of the Revised  299          

Code, and before adoption a public hearing shall be held thereon   300          

ON THE ADOPTION and a copy thereof OF THE RULES shall be           302          

certified by the commission, commissioner, or such legislative     304          

authority to the county recorder of the county in which the        305          

municipal corporation is located.                                               

      In the exercise of any power over or concerning the          307          

                                                          8      

                                                                 
platting and subdivision of land or the recording of plats of      308          

subdivisions by a city, county, regional, or other planning        309          

commission pursuant to any other section of the Revised Code, the  310          

provisions of this section with respect to appeals from a          311          

decision of a planning commission apply to the decision of any     312          

such commission in the exercise of any such power OF THAT KIND     313          

granted by any other section of the Revised Code in addition to    315          

any other remedy of appeal granted therein BY THE REVISED CODE.    316          

When a plan has been adopted as provided in this section, the      318          

approval of plats shall be in lieu of the approvals provided for   319          

by any other section of the Revised Code, so far as territory      320          

within the approving jurisdiction of the commission,               321          

commissioner, or such legislative authority, as provided in this   322          

section, is concerned.  Approval of a plat shall not be an         323          

acceptance by the public of the dedication of any street,          324          

highway, or other way or open space shown upon the plat.                        

      (D)  This section does not apply to unincorporated           326          

territory in any county having five or more cities and having a    327          

regional planning commission or county planning commission not     328          

included within the geographic boundaries of a regional planning   329          

commission, where such THE regional or county planning commission  331          

has determined, by resolution, to exercise the authority granted   332          

under section 711.10 of the Revised Code for the unincorporated    333          

territory within three miles of cities within such a THAT county.  335          

      Sec. 711.10.  Whenever a county planning commission or a     344          

regional planning commission adopts a plan for the major streets   345          

or highways of the county or region, then no plat of a             346          

subdivision of land within the county or region, other than land   347          

within a municipal corporation or land within three miles of a     348          

city or one and one-half miles of a village as provided in         349          

section 711.09 of the Revised Code, shall be recorded until it is  350          

approved by the county or regional planning commission and the     351          

approval is endorsed in writing on the plat.  Within five days of  352          

AFTER the submission of a plat for approval, the county or         354          

                                                          9      

                                                                 
regional planning commission shall schedule a meeting to consider  355          

the plat and send a written notice by certified mail, return       356          

receipt requested, to the clerk of the board of township trustees  357          

of the township in which a proposed plat is located.  The notice   358          

shall inform the trustees of the submission of the proposed plat   359          

and of the date, time, and location of any meeting at which the    360          

county or regional planning commission will consider or act upon   361          

the proposed plat.  The meeting shall take place within thirty     362          

days of AFTER submission of the plat, and no meeting shall be      363          

held until at least seven days have passed from the date the       365          

notice was sent by the planning commission.  The approval of the   366          

planning commission or the refusal to approve shall be endorsed    367          

on the plat within thirty days after the submission of the plat    368          

for approval, or within such further time as the applying party    369          

may agree to in writing; otherwise such THAT plat is deemed        370          

approved, and the certificate of the planning commission as to     371          

the date of the submission of the plat for approval and the        372          

failure to take action thereon ON IT within such THAT time shall   373          

be sufficient in lieu of the written endorsement or evidence of    375          

approval required by this section.  A county or regional planning  376          

commission shall not require a person submitting the plat to       377          

alter the plat or any part of it as a condition for approval, as   378          

long as the plat is in accordance with the general rules           379          

governing plats and subdivisions of land, adopted by the           380          

commission as provided in this section, in effect at the time the  381          

plat was submitted.  The ground of refusal of approval of any      382          

plat submitted, including citation of or reference to the rule     383          

violated by the plat, shall be stated upon the record of the       384          

commission.  Within sixty days after such THE refusal, the person  385          

submitting any plat which the county or regional planning          387          

commission refuses to approve may file a petition in the court of  388          

common pleas of the proper county and the proceedings thereon ON   389          

THE PETITION shall be governed by section 711.09 of the Revised    391          

Code as in the case of the refusal of a planning authority to      392          

                                                          10     

                                                                 
approve a plat.  A board of township trustees is not entitled to   393          

appeal a decision of the county or regional planning commission    394          

under this section.                                                             

      Any such county or regional planning commission shall adopt  396          

general rules, of uniform application, governing plats and         397          

subdivisions of land falling within its jurisdiction, to secure    398          

and provide for the proper arrangement of streets or other         399          

highways in relation to existing or planned streets or highways    400          

or to the county or regional plan, for adequate and convenient     401          

open spaces for traffic, utilities, access of fire fighting        402          

apparatus, recreation, light, AND air, and for the avoidance of    403          

congestion of population.  The rules may provide for the THEIR     404          

modification thereof by the county or regional planning            405          

commission in specific cases where unusual topographical and       406          

other exceptional conditions require such THE modification.  The   407          

rules may require the county department of health to review and    408          

comment on a plat before the county or regional planning           409          

commission acts upon it and may also require proof of compliance   410          

with ANY applicable township zoning resolutions regarding lot      411          

size, frontage, and width as a basis for approval of a plat.       413          

      Before adoption of its rules or amendment thereof OF ITS     415          

RULES, a public hearing shall be held thereon ON THE ADOPTION OR   417          

AMENDMENT by the commission.  However, no county or regional       419          

planning commission shall adopt any rules requiring actual         420          

construction of streets or other improvements or facilities or     421          

assurance of such THAT construction as a condition precedent to    422          

the approval of a plat of a subdivision unless such THE            423          

requirements have first been adopted by the board of county        424          

commissioners after a public hearing.  A copy of such THE rules    425          

shall be certified by the planning commission to the county        427          

recorders of the appropriate counties.  After a county or          428          

regional street or highway plan has been adopted as provided in    429          

this section, the approval of plats and subdivisions provided for  430          

in this section shall be in lieu of any approvals provided for in  431          

                                                          11     

                                                                 
other sections of the Revised Code, so far as the territory        432          

within the approving jurisdiction of the county or regional        433          

planning commission, as provided in this section, is concerned.    434          

Approval of a plat shall not be an acceptance by the public of     435          

the dedication of any street, highway, or other way or open space  436          

shown upon the plat. Any such county or regional planning          437          

commission and a city or village planning commission, or platting  438          

commissioner or legislative authority of a village, with           439          

subdivision regulation jurisdiction over unincorporated territory  440          

within the county or region may cooperate and agree by written     441          

agreement that the approval of a plat by the city or village       442          

planning commission, or platting commissioner or legislative       443          

authority of a village, as provided in section 711.09 of the       444          

Revised Code, shall be conditioned upon receiving advice from or   445          

approval by the county or regional planning commission.            446          

      Section 2.  That existing sections 711.05, 711.09, and       448          

711.10 of the Revised Code are hereby repealed.                    451