As Reported by House Local Government & Townships Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 544 5
1999-2000 6
REPRESENTATIVES PETERSON-SCHULER 8
_________________________________________________________________ 9
A B I L L
To amend sections 504.11, 711.10, 713.22, and 11
5555.46 of the Revised Code to authorize a 13
regional or county planning commission to send
certain notices by electronic mail as well as 14
regular mail, to require a regional or county
planning commission to send notice to all 15
townships at least thirty days before a public 16
hearing on the adoption or amendment of its
rules, to make changes to the composition of 17
county planning commissions, to extend the period
of time over which property owners may pay 18
special assessments for county road improvements 19
and the maturity of related bonds from ten to
twenty years, to state that the procedures for 21
adopting resolutions in the Township Limited Home
Rule Government Law apply only to resolutions 22
adopted pursuant to that Law, to temporarily 23
permit the transfer of surplus moneys in a 24
township artificial lighting fund to another 25
township fund, and to declare an emergency. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 504.11, 711.10, 713.22, and 31
5555.46 of the Revised Code be amended to read as follows: 33
Sec. 504.11. (A) The vote on the question of passage of 42
each A resolution PROVIDED FOR IN SECTION 504.10 OF THE REVISED 44
CODE or A motion RELATED TO THAT RESOLUTION shall be taken by 45
2
yeas and nays and entered on the journal, and no THE resolution 46
or motion shall NOT be passed without concurrence of a majority 48
of all members of the board of township trustees, except that 49
each emergency resolution UNDER THAT SECTION shall require the 51
affirmative vote of all of the members of the board for its 52
enactment. If an emergency resolution fails to receive the 53
required vote for passage as an emergency measure but receives 54
the necessary majority for passage as a nonemergency resolution, 55
it shall be considered passed as a nonemergency resolution. 56
Except as otherwise provided in division (B) of this section, a 57
resolution shall become effective thirty days after it is filed 58
with the township clerk. Each emergency resolution shall 59
determine that the resolution is necessary for the immediate 60
preservation of the public peace, health, safety, or welfare, and 61
shall contain a statement of the necessity for the emergency. 62
Each resolution shall be authenticated by the signature of the 63
township clerk. However, BUT the failure or refusal of the clerk 65
to sign a resolution shall not invalidate an otherwise properly 66
enacted resolution.
(B) Each resolution appropriating money, submitting a 68
question to the electorate, determining to proceed with an 69
election, or providing for the approval of a revision, 70
codification, recodification, or rearrangement of resolutions, or 71
publication thereof OF RESOLUTIONS in book form, and any 72
emergency resolution, shall take effect, unless a later time is 74
specified in the resolution, ten days after it is filed with the 75
township clerk.
(C) Each resolution shall be recorded in a book, or other 77
record prescribed by the board, established and maintained for 78
that purpose. The township clerk or a duly authorized deputy to 79
the clerk shall, upon the request of any person and upon the 80
payment of a fee established by the board, certify true copies of 81
any resolution, and these certified copies shall be admissible as 82
evidence in any court. 83
3
(D) THE PROCEDURES PROVIDED IN THIS SECTION APPLY ONLY TO 85
RESOLUTIONS ADOPTED PURSUANT TO A TOWNSHIP'S LIMITED HOME RULE 86
POWERS AS AUTHORIZED BY THIS CHAPTER. 87
Sec. 711.10. Whenever a county planning commission or a 96
regional planning commission adopts a plan for the major streets 97
or highways of the county or region, then no plat of a 98
subdivision of land within the county or region, other than land 99
within a municipal corporation or land within three miles of a 100
city or one and one-half miles of a village as provided in 101
section 711.09 of the Revised Code, shall be recorded until it is 102
approved by the county or regional planning commission and the 103
approval is endorsed in writing on the plat. Within five days 104
after the submission of a plat for approval, the county or 106
regional planning commission shall schedule a meeting to consider 107
the plat and send a written notice by regular mail OR BY 108
ELECTRONIC MAIL to the clerk of the board of township trustees of 110
the township in which a proposed THE plat is located. The notice 111
shall inform the trustees of the submission of the proposed plat 113
and of the date, time, and location of any meeting at which the 114
county or regional planning commission will consider or act upon 115
the proposed plat. The meeting shall take place within thirty 116
days after submission of the plat, and no meeting shall be held 117
until at least seven days have passed from the date the notice 119
was sent by the planning commission. The 120
THE approval of the planning commission or the refusal to 123
approve shall be endorsed on the plat within thirty days after 124
the submission of the plat for approval, or within such further 125
time as the applying party may agree to in writing; otherwise 126
that plat is deemed approved, and the certificate of the planning 127
commission as to the date of the submission of the plat for 128
approval and the failure to take action on it within that time 129
shall be sufficient in lieu of the written endorsement or 131
evidence of approval required by this section. A county or 132
regional planning commission shall not require a person 133
4
submitting the plat to alter the plat or any part of it as a 134
condition for approval, as long as the plat is in accordance with 135
the general rules governing plats and subdivisions of land, 136
adopted by the commission as provided in this section, in effect 137
at the time the plat was IS submitted. The ground of refusal of 139
approval of any plat submitted, including citation of or 140
reference to the rule violated by the plat, shall be stated upon 141
the record of the commission. Within sixty days after the 142
refusal, the person submitting any plat which THAT the county or 144
regional planning commission refuses to approve may file a 145
petition in the court of common pleas of the proper county, and 146
the proceedings on the petition shall be governed by section 147
711.09 of the Revised Code as in the case of the refusal of a 148
planning authority to approve a plat. A board of township 149
trustees is not entitled to appeal a decision of the county or 150
regional planning commission under this section. 151
Any such A county or regional planning commission shall 153
adopt general rules, of uniform application, governing plats and 154
subdivisions of land falling within its jurisdiction, to secure 155
and provide for the proper arrangement of streets or other 156
highways in relation to existing or planned streets or highways 157
or to the county or regional plan, for adequate and convenient 158
open spaces for traffic, utilities, access of fire-fighting 159
FIREFIGHTING apparatus, recreation, light, and air, and for the 161
avoidance of congestion of population. The rules may provide for 162
their modification by the county or regional planning commission 164
in specific cases where unusual topographical and other 165
exceptional conditions require the modification. The rules may 166
require the county department of health to review and comment on 167
a plat before the county or regional planning commission acts 168
upon it and may also require proof of compliance with any 169
applicable zoning resolutions as a basis for approval of a plat. 170
Before adoption of its rules or amendment of its rules, a 173
public hearing shall be held on the adoption or amendment by the 175
5
commission. However, no NOTICE OF THE PUBLIC HEARING SHALL BE
SENT TO ALL TOWNSHIPS IN THE COUNTY OR REGION BY REGULAR MAIL OR 176
ELECTRONIC MAIL AT LEAST THIRTY DAYS BEFORE THE HEARING. NO 177
county or regional planning commission shall adopt any rules 178
requiring actual construction of streets or other improvements or 179
facilities or assurance of that construction as a condition 180
precedent to the approval of a plat of a subdivision unless the 182
requirements have first been adopted by the board of county
commissioners after a public hearing. A copy of the rules shall 185
be certified by the planning commission to the county recorders
of the appropriate counties. After 186
AFTER a county or regional street or highway plan has been 189
adopted as provided in this section, the approval of plats and 190
subdivisions provided for in this section shall be in lieu of any 191
approvals provided for in other sections of the Revised Code, so 192
far as the territory within the approving jurisdiction of the 193
county or regional planning commission, as provided in this 194
section, is concerned. Approval of a plat shall not be an 195
acceptance by the public of the dedication of any street, 196
highway, or other way or open space shown upon the plat. Any 197
such county or regional planning commission and a city or village 198
planning commission, or platting commissioner or legislative 199
authority of a village, with subdivision regulation jurisdiction 200
over unincorporated territory within the county or region may 201
cooperate and agree by written agreement that the approval of a 202
plat by the city or village planning commission, or platting 203
commissioner or legislative authority of a village, as provided 204
in section 711.09 of the Revised Code, shall be conditioned upon 205
receiving advice from or approval by the county or regional 206
planning commission.
Sec. 713.22. (A) The board of county commissioners of any 215
county may, and on petition of the planning commissions of a 216
majority of the municipal corporations in the county having such 217
THOSE planning commissions shall, provide for the organization 220
6
and maintenance of a county planning commission. Except as 221
provided in division (B) of this section, a A county planning 223
commission shall consist of eight members appointed by the board 224
of county commissioners, together with the members of the board 225
of county commissioners. If, OR THEIR ALTERNATES DESIGNATED IN 227
ACCORDANCE WITH THIS DIVISION, AND EIGHT OTHER MEMBERS APPOINTED 228
BY THE BOARD IN ACCORDANCE WITH DIVISIONS (B)(1) TO (4) OF THIS 229
SECTION OR THEIR ALTERNATES DESIGNATED AND APPROVED IN ACCORDANCE 231
WITH THIS DIVISION. ANY ALTERNATE DESIGNATED UNDER THIS DIVISION 232
SHALL BE A RESIDENT OF THE COUNTY. 233
TO DESIGNATE AN ALTERNATE FOR A MEMBER OF THE BOARD OF 235
COUNTY COMMISSIONERS, THE BOARD MEMBER SHALL SEND A LETTER OF 236
APPOINTMENT TO THE ALTERNATE AND DELIVER A COPY OF THAT LETTER TO 237
THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS. AT THE NEXT 238
REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM THE BOARD OF 239
THE DESIGNATION OF THE ALTERNATE, AND THE BOARD SHALL HAVE THE 240
DESIGNATION ENTERED ON THE JOURNAL. 241
TO DESIGNATE AN ALTERNATE FOR ANY OTHER MEMBER OF THE 243
PLANNING COMMISSION, THE MEMBER SHALL SEND A LETTER OF 244
APPOINTMENT TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS 245
DESIGNATING AN INDIVIDUAL TO SERVE AS THAT MEMBER'S ALTERNATE. 247
AT THE NEXT REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM
THE BOARD OF THE DESIGNATION OF THE ALTERNATE, WHICH DESIGNATION 249
THE BOARD MAY EITHER APPROVE OR DISAPPROVE. THE BOARD SHALL 250
ENTER ITS DECISION ON THE BOARD'S JOURNAL AND, IF THE ALTERNATE 251
IS APPROVED, DESIGNATE THE NAME OF THE ALTERNATE ON THE JOURNAL. 252
THE CLERK OF THE BOARD SHALL NOTIFY THE COMMISSION MEMBER OF THE 253
BOARD'S ACTION, AND THE COMMISSION MEMBER SHALL INFORM THE 254
ALTERNATE.
A DESIGNATED ALTERNATE SHALL SERVE AT THE PLEASURE OF THE 257
MEMBER WHO MAKES THE DESIGNATION. REMOVAL OF AN ALTERNATE SHALL 258
BE MADE BY A LETTER OF REMOVAL, DELIVERED AND JOURNALIZED BY THE 259
SAME METHOD THAT THE ALTERNATE WAS DESIGNATED.
ONCE AN ALTERNATE IS DESIGNATED FOR A MEMBER OF THE 261
7
PLANNING COMMISSION, IF THAT COMMISSION MEMBER IS ABSENT FROM A 262
PLANNING COMMISSION MEETING, THE ALTERNATE HAS THE RIGHT TO VOTE 264
AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS OF THE COMMISSION 265
AT THAT MEETING AS IF THAT ALTERNATE WERE THE COMMISSION MEMBER. 266
(B)(1) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS 268
TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF the population 269
of the portion of any city located in the county exceeds fifty 272
per cent of the total population of the county, then at least THE 273
BOARD OF COUNTY COMMISSIONERS SHALL SELECT three of the 275
appointive members shall be selected from persons nominated by 276
the planning commission of that city. Otherwise, three members 277
shall be appointed from municipal corporations within the county. 278
The board shall appoint three members from the unincorporated 282
area TERRITORY of the county from persons nominated RECOMMENDED 284
by the townships to the county. If, EXCEPT THAT, IF ONE OR MORE 285
OF THOSE TOWNSHIPS IN the county contains one or more IS A 286
limited home rule government townships TOWNSHIP, then THE BOARD 288
SHALL APPOINT at least one of these three township appointees 290
shall be from the nominees of PERSONS RECOMMENDED BY a limited 291
home rule government township. The remaining two appointees 292
shall be selected at the discretion of the board and shall be 293
citizens RESIDENTS of the county, one residing in the 295
unincorporated area TERRITORY of the county and representing 297
townships and the other residing in the incorporated area 298
TERRITORY of the county and representing municipal corporations 300
in the county.
(B) If a county contains two or less townships with 303
unincorporated territory, a county planning commission shall 304
consist of eight citizens of the county appointed by the board of 307
county commissioners, together with the members of the board of 309
county commissioners, except that if the population of the 310
portion of any city located in the county exceeds fifty per cent 311
of the total population of the county, then at least three of the 312
appointive members shall be selected from persons nominated by 314
8
the planning commission of that city. Otherwise, appointees 316
shall be selected at the discretion of the board and shall be 317
citizens of the county. 319
(2) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS 321
TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF A COUNTY DOES 322
NOT CONTAIN THE PORTION OF ANY CITY WITH AT LEAST FIFTY PER CENT 324
OF THE TOTAL POPULATION OF THE COUNTY BUT CONTAINS ONE OR MORE 325
LIMITED HOME RULE GOVERNMENT TOWNSHIPS, ONE OF THE APPOINTEES
SHALL BE A RESIDENT OF A LIMITED HOME RULE GOVERNMENT TOWNSHIP IN 326
THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY 327
COMMISSIONERS FROM PERSONS RECOMMENDED BY A LIMITED HOME RULE 329
GOVERNMENT TOWNSHIP IN THE COUNTY. ONE APPOINTEE SHALL BE A 330
RESIDENT OF THE MUNICIPAL CORPORATION WITH THE LARGEST POPULATION
CONTAINED WITHIN THE PORTION OF THE MUNICIPAL CORPORATION LOCATED 331
IN THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY 333
COMMISSIONERS FROM PERSONS RECOMMENDED BY THAT MUNICIPAL 335
CORPORATION. THE REMAINING SIX APPOINTEES SHALL BE RESIDENTS OF 337
THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY
COMMISSIONERS. 338
(3) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS 340
TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF A COUNTY DOES 341
NOT CONTAIN THE PORTION OF ANY CITY WITH AT LEAST FIFTY PER CENT 343
OF THE TOTAL POPULATION OF THE COUNTY AND DOES NOT CONTAIN A
LIMITED HOME RULE GOVERNMENT TOWNSHIP, THE BOARD OF COUNTY 345
COMMISSIONERS SHALL APPOINT EIGHT RESIDENTS OF THE COUNTY 346
SELECTED AT THE DISCRETION OF THE BOARD.
(4) IF A COUNTY CONTAINS TWO OR LESS TOWNSHIPS WITH 348
UNINCORPORATED TERRITORY, THE BOARD OF COUNTY COMMISSIONERS SHALL 349
APPOINT EIGHT RESIDENTS OF THE COUNTY SELECTED AT THE DISCRETION 351
OF THE BOARD, EXCEPT THAT, IF THE POPULATION OF THE PORTION OF
ANY CITY LOCATED IN THE COUNTY EXCEEDS FIFTY PER CENT OF THE 353
TOTAL POPULATION OF THE COUNTY, THEN AT LEAST THREE OF THE 354
APPOINTIVE MEMBERS SHALL BE SELECTED FROM PERSONS NOMINATED BY 355
THE PLANNING COMMISSION OF THAT CITY. 356
9
(C) The SUBJECT TO DIVISION (F) OF THIS SECTION, THE 358
appointive members of a county planning commission shall be 359
appointed for terms of three years, except that, of the eight 361
members first appointed, three shall be appointed for terms of 363
two years, and two shall be appointed for a term of one year. 364
The members shall serve without pay. Any member of a county 365
planning commission may hold any other public office and may 366
serve as a member of a city, village, and regional planning 367
commission, except as otherwise provided in the charter of any 368
city or village.
(D) The expenses of the appointive members of a county 370
planning commission and the compensation of planning commission 371
employees shall be paid from appropriations made by the board. 373
The county planning commission may employ engineers, 375
accountants, consultants, and employees as are necessary, and 376
make such purchases as may be needed to the furtherance of its 377
operation. 378
The county planning commission may accept, receive, and 380
expend funds, grants, and services from the federal government or 381
its agencies, from departments, agencies, and instrumentalities 382
of this state or any adjoining state or, from one or more 383
counties of this state or any adjoining state or, from any 385
municipal corporation or political subdivision of this or any 386
adjoining state, including A county, regional, and municipal 387
planning commission of this or any adjoining state, or from civic 388
sources, and MAY contract with respect thereto, either separately 389
or, jointly, or cooperatively, and MAY provide such information 391
and reports as may be necessary to secure such financial aid. 393
(E) A county planning commission may adopt a policy under 397
which members of the board of county commissioners, as members of 398
that commission, OR THEIR DESIGNATED ALTERNATES must abstain from 399
participating and voting on the commission's recommendation, 400
whenever a county planning commission is required by section 401
303.12 of the Revised Code to recommend the approval or denial of 404
10
a proposed amendment or approval of some modification of an 405
amendment to the county zoning resolution, or IS required by 406
section 303.07 of the Revised Code to approve or disapprove, or 408
make suggestions about, a proposed county zoning resolution. The 410
policy may require that a quorum of the commission under those 411
circumstances be determined on the basis of an eight-member 412
commission instead of an eleven-member commission. 413
(F) IF AT ANY TIME A CHANGE OCCURS WITHIN A COUNTY SO THAT 415
THE POPULATION OF A PORTION OF A CITY WITHIN THE COUNTY EXCEEDS 416
OR NO LONGER EXCEEDS FIFTY PER CENT OF THE TOTAL POPULATION OF 417
THE COUNTY OR A TOWNSHIP BECOMES A LIMITED HOME RULE GOVERNMENT 418
TOWNSHIP, THUS CREATING A SITUATION WHERE THE MEMBERSHIP OF A 419
COUNTY PLANNING COMMISSION SHOULD BE ALTERED TO COMPLY WITH THE 420
MEMBERSHIP REQUIREMENTS OF DIVISION (B) OF THIS SECTION, WITHIN 421
THIRTY DAYS AFTER THE EFFECTIVE DATE OF EITHER OF THOSE TYPES OF 422
CHANGE, THE BOARD OF COUNTY COMMISSIONERS, IN THE BOARD'S 424
DISCRETION, MAY MAKE CHANGES ON THE COMMISSION BY RESOLUTION SO 425
THAT ITS MEMBERSHIP REPRESENTATION COMPLIES WITH DIVISION (B) OF 428
THIS SECTION. IF THE BOARD DOES NOT ADOPT A RESOLUTION TO SO 429
CHANGE THE COMMISSION'S MEMBERSHIP, THE BOARD SHALL PHASE IN THE 431
NECESSARY CHANGES IN THE COMMISSION'S MEMBERSHIP BY WAITING UNTIL 432
A MEMBER'S TERM OF OFFICE EXPIRES AND APPOINTING NEW MEMBERS SO 435
AS TO MEET THE REPRESENTATION REQUIREMENTS OF DIVISION (B) OF 436
THIS SECTION AS SOON AS POSSIBLE WITHOUT INTERFERING WITH ANY 437
MEMBER'S TERM OF OFFICE. 438
Sec. 5555.46. All assessments, with interest accrued 447
thereon ON THEM, made under sections 5555.01 to 5555.72, 448
inclusive, of the Revised Code, shall be placed by the county 450
auditor upon a special duplicate to be collected as other taxes, 451
and the principal shall be payable in not more than twenty FORTY 452
semiannual installments extending over a period of not more than 454
ten TWENTY years, as determined by the board of county 456
commissioners. If any assessment is twenty-five dollars or less, 457
or if the unpaid balance of any such assessment is twenty-five 458
11
dollars or less, it shall be paid in full, and not in 459
installments, at the time the first or next installment would 460
otherwise become due and payable. In the event that 461
IF bonds are issued to pay the compensation, damages, and 464
expenses incident to the improvement, the principal sum of such 465
THE assessments shall be payable in such THE number of equal 466
semiannual installments as THAT will provide a fund for the 467
redemption of the bonds so issued. Such THE assessments shall 470
bear interest from the date of THE ISSUANCE OF THE BONDS and at 472
the same rate as the bonds, and the interest shall be collected 474
in like THE SAME manner as the principal of such THE assessments. 476
Section 2. That existing sections 504.11, 711.10, 713.22, 478
and 5555.46 of the Revised Code are hereby repealed. 479
Section 3. Notwithstanding anything to the contrary in 481
section 713.22 of the Revised Code, the change in the composition 482
of a county planning commission required under that section as 483
amended by this act shall be implemented so that any member 484
serving on the commission on the effective date of this act 485
serves out the member's term of office, even if the membership 486
would not then meet the representation requirements in section 487
713.22 of the Revised Code, unless the board of county 488
commissioners within thirty days after the effective date of this 489
act determines, by resolution, that the commission's membership
should comply with the representation requirements enacted by 490
this act. If the board so determines to comply with those 491
representation requirements, the board may remove members from 492
the commission and may appoint members to the commission whose 493
appointments comply with those representation requirements.
Otherwise, as new members are appointed to the commission, the 494
new members shall be appointed so as to meet the representation 495
requirements enacted by this act as soon as possible without 496
interfering with any member's term of office. 497
Section 4. Within thirty days after the effective date of 499
this act, the clerk of any township that has created a fund for 500
12
the deposit of special assessments for artificial lighting as 501
provided in section 515.08 of the Revised Code may transfer any 502
surplus in that fund to another township fund if all of the 503
following conditions are met: 504
(1) The surplus has occurred due to overcharges by the 506
company providing the artificial lighting. 507
(2) The board of township trustees adopts a resolution 509
finding that the surplus has occurred and indicating the exact 510
amount of the surplus. 511
(3) That resolution requests the clerk to transfer the 513
surplus to another fund within the township treasury and 514
indicates the specific township account to which the surplus is 515
to be transferred. 516
No surplus shall be transferred as provided in this section 518
after the thirtieth day after the effective date of this act. 519
Section 5. This act is hereby declared to be an emergency 521
measure necessary for the immediate preservation of the public 522
peace, health, and safety. The reason for this necessity is that 523
the terms of members serving on some county planning commissions 524
are coming to an end and, to ensure that new appointees to those 525
commissions will meet the representation requirements enacted by 527
this act instead of the representation requirements in effect 529
prior to the effective date of this act, the new representation 530
requirements must go into effect as soon as possible. Therefore, 531
this act shall go into immediate effect.