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