| Section 1. That sections 711.05, 711.10, and 711.131 be | 9 |
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amended and sections
5552.01, 5552.02, 5552.03, 5552.04,
5552.05, | 10 |
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5552.06, 5552.07,
5552.08, 5552.09, 5552.10, and 5552.99 of the | 11 |
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Revised Code be enacted to
read as follows: | 12 |
| Sec. 711.05. (A) Upon the submission of a plat for | 13 |
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approval,
in accordance with section 711.041 of the Revised Code, | 14 |
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the board
of county commissioners shall certify on it the date of | 15 |
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the
submission. Within five days of submission of the plat, the | 16 |
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board shall schedule a meeting to consider the plat and send a | 17 |
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written notice by regular mail to
the clerk of the board of | 18 |
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township trustees of the township in
which the plat is located
and | 19 |
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to the county engineer, planning commission, or other person | 20 |
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designated to administer
access management regulations, if any. | 21 |
The
notice shall
inform
the trustees
of the submission ofindicate | 22 |
that the plat
was
submitted
and
ofgive the date,
time, and | 23 |
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location
of any meeting
at which the board of county commissioners | 24 |
will
consider or act
upon the
proposed plat. The meeting shall | 25 |
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take
place within
thirty days of
the submission of the plat, and | 26 |
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no
meeting shall be
held until at least seven days have passed | 27 |
from
the date the
board sent the notice
was sent by the board of | 28 |
county
commissioners. The
approval of the board required by | 29 |
|
section
711.041 of the Revised
Code or the refusal to approve | 30 |
|
shall take
place within thirty days
from the date of
the | 31 |
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submission or such
further time as the applying
party may agree to | 32 |
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in writing;
otherwise, the plat is deemed
approved and may be | 33 |
recorded as if
bearing
suchan approval. | 34 |
| (B) The board may adopt general rules
governing plats and | 35 |
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subdivisions of land falling within its
jurisdiction, to secure | 36 |
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and provide for the coordination of the
streets within the | 37 |
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subdivision with existing streets and roads or
with existing | 38 |
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county highways, for the proper amount of open
spaces for traffic, | 39 |
|
circulation, and utilities, and for the
avoidance of future | 40 |
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congestion of population detrimental to the
public health, safety, | 41 |
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or welfare but shall not impose a greater
minimum lot area than | 42 |
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forty-eight hundred square feet.
Before the board may amend or | 43 |
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adopt rules, it shall notify all the townships in the county of | 44 |
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the proposed amendments or rules by regular mail at least thirty | 45 |
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days before the public meeting at which the proposed amendments
or | 46 |
|
rules are to be considered. | 47 |
| The rules
may require the county department of health to | 48 |
|
review and comment
on a plat before the board of county | 49 |
commissioners acts upon it
and
may also
may require proof of | 50 |
|
compliance with any applicable
zoning resolutions,or any access | 51 |
|
management regulations adopted
under Chapter 5552. of the Revised | 52 |
Code, as a
basis for approval of a plat.
WhereIf, under
the | 53 |
provisions of
section 711.101 of the Revised Code, the board
of | 54 |
county
commissioners has set up standards and specifications for | 55 |
|
the
construction of streets, utilities, and other improvements for | 56 |
common use,
suchthose general rules may require the submission of | 57 |
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appropriate plans and specifications for approval. The board | 58 |
|
shall not require the person submitting the plat to alter the
plat | 59 |
|
or any part of it as a condition for approval, as long as
the plat | 60 |
|
is in accordance with general rules governing plats and | 61 |
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subdivisions of land, adopted by the board as provided in this | 62 |
|
section, in effect at the time the plat was submitted and the
plat | 63 |
|
is in accordance with any standards and specifications set
up | 64 |
|
under section 711.101 of the Revised Code, in effect at the
time | 65 |
|
the plat was submitted. | 66 |
| (C) The ground of
refusal to approve
any plat, submitted in | 67 |
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accordance with section 711.041 of the
Revised Code, shall be | 68 |
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stated upon the record of the board, and,
within sixty days | 69 |
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thereafter, the person submitting any plat
that the board refuses | 70 |
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to approve may file a petition in
the
court of common pleas of the | 71 |
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county in which the land described
in the plat is situated to | 72 |
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review the action of the board.
A
board of township trustees is | 73 |
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not entitled to appeal a decision
of the board of county | 74 |
|
commissioners under this section. | 75 |
| Sec. 711.10. Whenever a county planning commission or a | 76 |
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regional planning commission adopts a plan for the major streets | 77 |
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or highways of the county or region, no plat of a
subdivision of | 78 |
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land within the county or region, other than land
within a | 79 |
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municipal corporation or land within three miles of a
city or one | 80 |
|
and one-half miles of a village as provided in
section 711.09 of | 81 |
|
the Revised Code, shall be recorded until it is
approved by the | 82 |
|
county or regional planning commission and the
approval is | 83 |
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endorsed in writing on the plat. Within five days
after
the | 84 |
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submission of a plat for approval, the county or regional
planning | 85 |
|
commission shall schedule a meeting to consider the plat
and send | 86 |
|
a notice by regular mail or by electronic mail
to the clerk of the | 87 |
|
board of
township trustees of the
township in which the plat is | 88 |
|
located
and to the county engineer or other person designated to | 89 |
|
administer access management regulations, if any. The notice | 90 |
shall
inform the trustees of the submission ofindicate that the | 91 |
plat
was submitted and
ofgive the date, time, and location of any | 92 |
|
meeting at which the county
or regional planning commission will | 93 |
|
consider or act upon the
plat. The meeting shall take place | 94 |
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within thirty days
after submission of the plat, and no meeting | 95 |
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shall be held
until at
least seven days have passed from the date | 96 |
|
the notice was sent by
the planning commission. | 97 |
| The approval of the planning commission
or the refusal to | 98 |
|
approve shall be endorsed on the plat within
thirty days after the | 99 |
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submission of the plat for approval, or
within such further time | 100 |
|
as the applying party may agree to in
writing; otherwise, that | 101 |
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plat is deemed approved, and the
certificate of the planning | 102 |
|
commission as to the date of the
submission of the plat for | 103 |
|
approval and the failure to take
action on it within that time | 104 |
|
shall
be sufficient in lieu of
the written endorsement or evidence | 105 |
|
of approval required by this
section. A county or regional | 106 |
|
planning commission shall not
require a person submitting the plat | 107 |
|
to alter the plat or any
part of it as a condition for approval, | 108 |
|
as long as the plat is in
accordance with the general rules | 109 |
|
governing plats and
subdivisions of land, adopted by the | 110 |
|
commission as provided in
this section, in effect at the time the | 111 |
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plat is submitted.
The
ground of refusal of approval of any plat | 112 |
|
submitted, including
citation of or reference to the rule violated | 113 |
|
by the plat, shall
be stated upon the record of the commission. | 114 |
|
Within sixty days
after the refusal, the person submitting any | 115 |
|
plat
that the
county or regional planning commission refuses to | 116 |
|
approve may
file a petition in the court of common pleas of the | 117 |
|
proper county,
and the proceedings on the petition shall be | 118 |
|
governed by
section 711.09
of the Revised Code as in the case of | 119 |
|
the refusal of a planning
authority to approve a plat. A board of | 120 |
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township trustees is not
entitled to appeal a decision of the | 121 |
|
county or regional planning
commission under this section. | 122 |
| A county or regional planning commission shall adopt
general | 123 |
|
rules, of uniform application, governing plats and
subdivisions of | 124 |
|
land falling within its jurisdiction, to secure
and provide for | 125 |
|
the proper arrangement of streets or other
highways in relation to | 126 |
|
existing or planned streets or highways
or to the county or | 127 |
|
regional plan, for adequate and convenient
open spaces for | 128 |
|
traffic, utilities, access of
firefighting
apparatus, recreation, | 129 |
|
light, and air, and for the avoidance of
congestion of population. | 130 |
|
The rules may provide for their
modification by the county or | 131 |
|
regional planning
commission in specific cases where unusual | 132 |
|
topographical and
other exceptional conditions require the | 133 |
|
modification. The
rules may require the county department of | 134 |
|
health to review and
comment on a plat before the county or | 135 |
regional planning
commission acts upon it and
may also
may require | 136 |
|
proof of compliance
with any applicable zoning resolutions, or any | 137 |
|
access management regulations adopted under Chapter 5552. of the | 138 |
|
Revised Code, as a basis for approval of a
plat. | 139 |
| Before adoption of its rules or amendment of its
rules, a | 140 |
|
public
hearing shall be held on the adoption or amendment by
the | 141 |
|
commission. Notice of the public hearing shall be
sent to all | 142 |
|
townships in the county or region by regular mail or electronic | 143 |
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mail at least thirty days before the hearing. No
county or | 144 |
|
regional planning commission shall adopt any rules
requiring | 145 |
|
actual construction of streets or other improvements or
facilities | 146 |
|
or assurance of that construction as a condition
precedent to the | 147 |
|
approval of a plat of a subdivision unless
the requirements have | 148 |
|
first been adopted by the board of county
commissioners after a | 149 |
|
public hearing.
A copy of the rules
shall be certified by the | 150 |
|
planning commission to the county recorders
of the appropriate | 151 |
|
counties. | 152 |
| After a county or regional street
or highway plan has been | 153 |
|
adopted as provided in this section, the
approval of plats and | 154 |
|
subdivisions provided for in this section
shall be in lieu of any | 155 |
|
approvals provided for in other sections
of the Revised Code, so | 156 |
|
far as the territory within the approving
jurisdiction of the | 157 |
|
county or regional planning commission, as
provided in this | 158 |
|
section, is concerned. Approval of a plat shall
not be an | 159 |
|
acceptance by the public of the dedication of any
street, highway, | 160 |
|
or other way or open space shown upon the plat.
Any county or | 161 |
|
regional planning commission and a city or
village planning | 162 |
|
commission, or platting commissioner or
legislative authority of a | 163 |
|
village, with subdivision regulation
jurisdiction over | 164 |
|
unincorporated territory within the county or
region may cooperate | 165 |
|
and agree by written agreement that the
approval of a plat by the | 166 |
|
city or village planning commission, or
platting commissioner or | 167 |
|
legislative authority of a village, as
provided in section 711.09 | 168 |
|
of the Revised Code, shall be
conditioned upon receiving advice | 169 |
|
from or approval by the county
or regional planning commission. | 170 |
Sec. 711.131. Notwithstanding
the provisions of sections | 171 |
711.001 to 711.13, inclusive, of the Revised Code, a proposed | 172 |
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division of a parcel of land along an existing public street, not | 173 |
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involving the opening, widening, or extension of any street or | 174 |
|
road, and involving no more than five lots after the original | 175 |
|
tract has been completely subdivided, may be submitted to the | 176 |
authority having approving jurisdiction of plats under
the | 177 |
provisions of section 711.05, 711.09, or 711.10 of the Revised | 178 |
Code for approval without plat. If
suchthe authority acting | 179 |
through
a properly designated representative
thereof is satisfied | 180 |
that
suchthe proposed division is not contrary to applicable | 181 |
platting,
subdividing,
or zoning,or access management | 182 |
|
regulations, it shall within seven working
days after submission | 183 |
approve
suchthe proposed division and, on
presentation of a | 184 |
conveyance of
saidthe parcel, shall stamp the
sameconveyance | 185 |
|
"approved by (planning authority); no plat required" and have it | 186 |
|
signed by its clerk, secretary, or other official as may be | 187 |
designated by it.
SuchThe planning authority may require the | 188 |
submission of a sketch and
such other information
asthat
is | 189 |
pertinent
to its determination
hereunderunder this section. | 190 |
| Sec. 5552.02. (A) Except as provided in divisions (C) and | 199 |
|
(D) of this section, for
the purposes of promoting traffic | 200 |
|
safety
and efficiency and maintaining proper traffic capacity
and | 201 |
|
traffic
flow, a board of township trustees may adopt, by | 202 |
|
resolution, regulations for the management of access onto township | 203 |
|
roads in the unincorporated area of the township as provided in | 204 |
|
this chapter. As part of those regulations, the board may require | 205 |
|
permits, including interim and temporary permits, for the | 206 |
|
construction, reconstruction, use, and maintenance of any point of | 207 |
|
access from public or private property onto those township roads. | 208 |
| (B) For the purposes of promoting traffic safety and | 216 |
|
efficiency and maintaining proper traffic capacity and traffic | 217 |
|
flow, the board of county commissioners may adopt, by resolution, | 218 |
|
regulations for the management of access onto county and township | 219 |
|
roads in the unincorporated area of the county in accordance with | 220 |
|
sections 5552.03 and 5552.05 of the Revised Code. As part of | 221 |
|
those regulations, the board may require permits, including | 222 |
|
interim and temporary permits, for the construction, | 223 |
|
reconstruction, use, and maintenance of any point of access from | 224 |
|
public or private property onto those county and township roads. | 225 |
| (C) On or after the date provided in division (A) of this | 231 |
|
section for adopting regulations under this division, if the | 232 |
|
county has not adopted any regulations under division (B) of this | 233 |
|
section or initiated the process to adopt those regulations by | 234 |
|
that date, the board of township trustees of a township other than | 235 |
|
an urban township may adopt the regulations authorized by
division | 236 |
|
(A) of this section. If the county initiates the process
to adopt | 237 |
|
regulations under division (B) of this section within the
two-year | 238 |
|
period but fails to adopt them, the board of township
trustees of | 239 |
|
a township other than an urban township also may adopt
under this | 240 |
|
division the regulations authorized by division (A) of
this | 241 |
|
section. | 242 |
| If such a board of township trustees adopts those | 243 |
|
regulations, and a board of county commissioners later adopts | 244 |
|
regulations under division (B) of this section that apply to the | 245 |
|
same township roads, then, one year after the effective date of | 246 |
|
the county regulations, the regulations adopted by the board of | 247 |
|
township trustees shall be void, and the regulations adopted by | 248 |
|
the
board of county commissioners shall apply to those township | 249 |
|
roads.
However, the board of township trustees may establish an | 250 |
|
earlier
date for the county regulations to take effect and the | 251 |
|
township
regulations to be void by adopting a resolution | 252 |
|
establishing an
earlier date and sending a certified copy of that | 253 |
|
resolution to
the board of county commissioners. | 254 |
| (D) Except as otherwise provided in this division, if an | 255 |
|
urban township adopts regulations under division (A) of this | 256 |
|
section and the county also adopts regulations under division (B) | 257 |
|
of this section that affect township roads in that township, the | 258 |
|
county regulations shall have no effect on the township roads in | 259 |
|
that township. If the urban township adopts its regulations | 260 |
|
after the county adopts it regulations, however, the county | 261 |
|
regulations shall remain in effect for one year after the township | 262 |
|
regulations are adopted unless the board of county commissioners | 263 |
|
establishes an earlier date for the county regulations to expire | 264 |
|
within that urban township. After the earlier established date or | 265 |
|
one year, whichever is applicable, only the township regulations | 266 |
|
shall apply to the township roads in that urban township, although | 267 |
|
the county regulations shall continue to apply to the county roads | 268 |
|
in that urban township. | 269 |
| (E) Any county regulations adopted under this section shall | 270 |
|
be, to the extent possible, consistent with county zoning | 271 |
|
regulations and any existing subdivision regulations adopted under | 272 |
|
Chapter 711. of the Revised Code, and coordinated with any | 273 |
|
existing township zoning regulations. Any township regulations | 274 |
|
adopted under this section shall be, to the extent possible, | 275 |
|
consistent with any county or township zoning regulations in | 276 |
|
effect in the township and coordinated with any existing | 277 |
|
subdivision regulations adopted under Chapter 711. of the Revised | 278 |
|
Code. | 279 |