As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 544 5
1999-2000 6
REPRESENTATIVE PETERSON 8
_________________________________________________________________ 9
A B I L L
To amend sections 711.10, 713.22, and 5555.46 of the 11
Revised Code to authorize a regional or county 12
planning commission to send certain notices by
electronic mail as well as regular mail, to 13
require a regional or county planning commission 14
to send notice to all townships at least thirty
days before a public hearing on the adoption or 15
amendment of its rules, to make changes to the 16
composition of county planning commissions, and
to extend the period of time over which property 17
owners may pay special assessments for county
road improvements and the maturity of related 18
bonds from ten to twenty years.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 711.10, 713.22, and 5555.46 of 22
the Revised Code be amended to read as follows: 23
Sec. 711.10. Whenever a county planning commission or a 32
regional planning commission adopts a plan for the major streets 33
or highways of the county or region, then no plat of a 34
subdivision of land within the county or region, other than land 35
within a municipal corporation or land within three miles of a 36
city or one and one-half miles of a village as provided in 37
section 711.09 of the Revised Code, shall be recorded until it is 38
approved by the county or regional planning commission and the 39
approval is endorsed in writing on the plat. Within five days 40
after the submission of a plat for approval, the county or 42
2
regional planning commission shall schedule a meeting to consider 43
the plat and send a written notice by regular mail OR BY 44
ELECTRONIC MAIL to the clerk of the board of township trustees of 46
the township in which a proposed plat is located. The notice 47
shall inform the trustees of the submission of the proposed plat 48
and of the date, time, and location of any meeting at which the 49
county or regional planning commission will consider or act upon 50
the proposed plat. The meeting shall take place within thirty 51
days after submission of the plat, and no meeting shall be held 52
until at least seven days have passed from the date the notice 54
was sent by the planning commission. The approval of the 55
planning commission or the refusal to approve shall be endorsed 56
on the plat within thirty days after the submission of the plat 57
for approval, or within such further time as the applying party 58
may agree to in writing; otherwise that plat is deemed approved, 59
and the certificate of the planning commission as to the date of 60
the submission of the plat for approval and the failure to take 61
action on it within that time shall be sufficient in lieu of the 64
written endorsement or evidence of approval required by this
section. A county or regional planning commission shall not 65
require a person submitting the plat to alter the plat or any 66
part of it as a condition for approval, as long as the plat is in 67
accordance with the general rules governing plats and 68
subdivisions of land, adopted by the commission as provided in 69
this section, in effect at the time the plat was submitted. The 70
ground of refusal of approval of any plat submitted, including 71
citation of or reference to the rule violated by the plat, shall 72
be stated upon the record of the commission. Within sixty days 73
after the refusal, the person submitting any plat which the 75
county or regional planning commission refuses to approve may 76
file a petition in the court of common pleas of the proper 77
county, and the proceedings on the petition shall be governed by 78
section 711.09 of the Revised Code as in the case of the refusal 80
of a planning authority to approve a plat. A board of township 81
3
trustees is not entitled to appeal a decision of the county or 82
regional planning commission under this section. 83
Any such county or regional planning commission shall adopt 85
general rules, of uniform application, governing plats and 86
subdivisions of land falling within its jurisdiction, to secure 87
and provide for the proper arrangement of streets or other 88
highways in relation to existing or planned streets or highways 89
or to the county or regional plan, for adequate and convenient 90
open spaces for traffic, utilities, access of fire-fighting 91
FIREFIGHTING apparatus, recreation, light, and air, and for the 93
avoidance of congestion of population. The rules may provide for 94
their modification by the county or regional planning commission 96
in specific cases where unusual topographical and other 97
exceptional conditions require the modification. The rules may 98
require the county department of health to review and comment on 99
a plat before the county or regional planning commission acts 100
upon it and may also require proof of compliance with any 101
applicable zoning resolutions as a basis for approval of a plat. 102
Before adoption of its rules or amendment of its rules, a 105
public hearing shall be held on the adoption or amendment by the 107
commission. However, no NOTICE OF THE PUBLIC HEARING SHALL BE
SENT TO ALL TOWNSHIPS IN THE COUNTY OR REGION BY REGULAR MAIL OR 108
ELECTRONIC MAIL AT LEAST THIRTY DAYS BEFORE THE HEARING. NO 109
county or regional planning commission shall adopt any rules 110
requiring actual construction of streets or other improvements or 111
facilities or assurance of that construction as a condition 112
precedent to the approval of a plat of a subdivision unless the 114
requirements have first been adopted by the board of county
commissioners after a public hearing. A copy of the rules shall 117
be certified by the planning commission to the county recorders
of the appropriate counties. After a county or regional street 118
or highway plan has been adopted as provided in this section, the 119
approval of plats and subdivisions provided for in this section 120
shall be in lieu of any approvals provided for in other sections 121
4
of the Revised Code, so far as the territory within the approving 122
jurisdiction of the county or regional planning commission, as 123
provided in this section, is concerned. Approval of a plat shall 124
not be an acceptance by the public of the dedication of any 125
street, highway, or other way or open space shown upon the plat. 126
Any such county or regional planning commission and a city or 127
village planning commission, or platting commissioner or 128
legislative authority of a village, with subdivision regulation 129
jurisdiction over unincorporated territory within the county or 130
region may cooperate and agree by written agreement that the 131
approval of a plat by the city or village planning commission, or 132
platting commissioner or legislative authority of a village, as 133
provided in section 711.09 of the Revised Code, shall be 134
conditioned upon receiving advice from or approval by the county 135
or regional planning commission. 136
Sec. 713.22. (A)(1) The board of county commissioners of 145
any county may, and on petition of the planning commissions of a 146
majority of the municipal corporations in the county having such 147
THOSE planning commissions shall, provide for the organization 150
and maintenance of a county planning commission. Except as 151
provided in division (B) of this section, a A county planning 153
commission shall consist of eight members appointed by the board 154
of county commissioners, together with the members of the board 155
of county commissioners. If AND EIGHT OTHER MEMBERS APPOINTED BY 157
THE BOARD IN ACCORDANCE WITH DIVISIONS (A)(2) TO (4) OF THIS 158
SECTION.
(2) IF the population of the portion of any city located 160
in the county exceeds fifty per cent of the total population of 162
the county, then at least THE BOARD OF COUNTY COMMISSIONERS SHALL 163
SELECT three of the appointive members shall be selected from 164
persons nominated by the planning commission of that city. 165
Otherwise, three members shall be appointed from municipal 166
corporations within the county. The IF THE COUNTY ALSO CONTAINS 167
THREE OR MORE TOWNSHIPS WITH UNINCORPORATED TERRITORY, THE board 168
5
shall appoint three members from the unincorporated area 172
TERRITORY of the county from persons nominated RECOMMENDED by the 173
townships to the county. If, EXCEPT THAT, IF ONE OR MORE OF 174
THOSE TOWNSHIPS IN the county contains one or more IS A limited 175
home rule government townships TOWNSHIP, then THE BOARD SHALL 177
APPOINT at least one of these three township appointees shall be 179
from the nominees of PERSONS RECOMMENDED BY a limited home rule 181
government township. The remaining two appointees shall be
selected at the discretion of the board and shall be citizens 182
RESIDENTS of the county, one residing in the unincorporated area 184
TERRITORY of the county and representing townships and the other 186
residing in the incorporated area TERRITORY of the county and 187
representing municipal corporations in the county. 189
(B) If a IF THE POPULATION OF THE PORTION OF ANY CITY 191
LOCATED IN THE COUNTY EXCEEDS FIFTY PER CENT OF THE TOTAL 192
POPULATION OF THE COUNTY AND THE county contains two or less 193
townships with unincorporated territory, a county planning 194
commission shall consist of eight citizens of the county 196
appointed by the board of county commissioners, together with the 197
members of the board of county commissioners, except that if the 200
population of the portion of any city located in the county 201
exceeds fifty per cent of the total population of the county, 202
then at least SHALL SELECT three of the appointive members shall 204
be selected from persons nominated by the planning commission of 205
that city. Otherwise, THE REMAINING FIVE appointees shall be 206
selected at the discretion of the board and shall be citizens 207
RESIDENTS of the county, EXCEPT THAT, IF ONE OR BOTH OF THE 209
TOWNSHIPS IN THE COUNTY IS A LIMITED HOME RULE GOVERNMENT 210
TOWNSHIP, ONE APPOINTEE SHALL BE A PERSON RECOMMENDED BY ONE OF 211
THE LIMITED HOME RULE GOVERNMENT TOWNSHIPS.
(3) IF A COUNTY DOES NOT CONTAIN THE PORTION OF ANY CITY 213
WITH AT LEAST FIFTY PER CENT OF THE TOTAL POPULATION OF THE 214
COUNTY BUT CONTAINS ONE OR MORE LIMITED HOME RULE GOVERNMENT 215
TOWNSHIPS, ONE OF THE APPOINTEES SHALL BE A RESIDENT OF A LIMITED 216
6
HOME RULE GOVERNMENT TOWNSHIP IN THE COUNTY, SELECTED AT THE 217
DISCRETION OF THE BOARD OF COUNTY COMMISSIONERS FROM PERSONS
RECOMMENDED BY A LIMITED HOME RULE GOVERNMENT TOWNSHIP IN THE 218
COUNTY. ONE APPOINTEE SHALL BE A RESIDENT OF THE MUNICIPAL 219
CORPORATION WITH THE LARGEST POPULATION CONTAINED WITHIN THE 220
PORTION OF THE MUNICIPAL CORPORATION LOCATED IN THE COUNTY,
SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY COMMISSIONERS 221
FROM PERSONS RECOMMENDED BY THAT MUNICIPAL CORPORATION. THE 222
REMAINING SIX APPOINTEES SHALL BE RESIDENTS OF THE COUNTY, 224
SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY COMMISSIONERS. 225
(4) IF A COUNTY DOES NOT CONTAIN THE PORTION OF ANY CITY 227
WITH AT LEAST FIFTY PER CENT OF THE TOTAL POPULATION OF THE 228
COUNTY AND DOES NOT CONTAIN A LIMITED HOME RULE GOVERNMENT 229
TOWNSHIP, A COUNTY PLANNING COMMISSION SHALL CONSIST OF THE 230
MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS AND EIGHT RESIDENTS 231
OF THE COUNTY SELECTED AT THE DISCRETION OF THE BOARD.
(C) The appointive members of a county planning commission 234
shall be appointed for terms of three years, except that, of the 236
eight members first appointed, three shall be appointed for terms 238
of two years, and two shall be appointed for a term of one year. 239
The members shall serve without pay. Any member of a county 240
planning commission may hold any other public office and may 241
serve as a member of a city, village, and regional planning 242
commission, except as otherwise provided in the charter of any 243
city or village.
(D) The expenses of the appointive members of a county 245
planning commission and the compensation of planning commission 246
employees shall be paid from appropriations made by the board. 248
The county planning commission may employ engineers, 250
accountants, consultants, and employees as are necessary, and 251
make such purchases as may be needed to the furtherance of its 252
operation. 253
The county planning commission may accept, receive, and 255
expend funds, grants, and services from the federal government or 256
7
its agencies, from departments, agencies, and instrumentalities 257
of this state or any adjoining state or, from one or more 258
counties of this state or any adjoining state or, from any 260
municipal corporation or political subdivision of this or any 261
adjoining state, including A county, regional, and municipal 262
planning commission of this or any adjoining state, or from civic 263
sources, and MAY contract with respect thereto, either separately 264
or, jointly, or cooperatively, and MAY provide such information 266
and reports as may be necessary to secure such financial aid. 268
(E) A county planning commission may adopt a policy under 272
which members of the board of county commissioners, as members of 273
that commission, must abstain from participating and voting on 274
the commission's recommendation, whenever a county planning 275
commission is required by section 303.12 of the Revised Code to 277
recommend the approval or denial of a proposed amendment or 278
approval of some modification of an amendment to the county 279
zoning resolution, or IS required by section 303.07 of the 280
Revised Code to approve or disapprove, or make suggestions about, 282
a proposed county zoning resolution. The policy may require that 284
a quorum of the commission under those circumstances be 285
determined on the basis of an eight-member commission instead of 286
an eleven-member commission. 287
Sec. 5555.46. All assessments, with interest accrued 296
thereon ON THEM, made under sections 5555.01 to 5555.72, 297
inclusive, of the Revised Code, shall be placed by the county 299
auditor upon a special duplicate to be collected as other taxes, 300
and the principal shall be payable in not more than twenty FORTY 301
semiannual installments extending over a period of not more than 303
ten TWENTY years, as determined by the board of county 305
commissioners. If any assessment is twenty-five dollars or less, 306
or if the unpaid balance of any such assessment is twenty-five 307
dollars or less, it shall be paid in full, and not in 308
installments, at the time the first or next installment would 309
otherwise become due and payable. In the event that 310
8
IF bonds are issued to pay the compensation, damages, and 313
expenses incident to the improvement, the principal sum of such 314
THE assessments shall be payable in such THE number of equal 315
semiannual installments as THAT will provide a fund for the 316
redemption of the bonds so issued. Such THE assessments shall 319
bear interest from the date of THE ISSUANCE OF THE BONDS and at 321
the same rate as the bonds, and the interest shall be collected 323
in like THE SAME manner as the principal of such THE assessments. 325
Section 2. That existing sections 711.10, 713.22, and 327
5555.46 of the Revised Code are hereby repealed. 328
Section 3. Notwithstanding anything to the contrary in 330
section 713.22 of the Revised Code, the change in the composition 331
of a county planning commission required under that section as 332
amended by this act shall be implemented so that any member 333
serving on the board on the effective date of this act serves out 334
the member's term of office, even if the membership would not 335
then meet the representation requirements in section 713.22 of 336
the Revised Code. As new members are appointed to the 337
commission, the new members shall be appointed so as to meet the 338
representation requirements in section 713.22 of the Revised Code 339
as soon as possible without interfering with any member's term of 340
office.