| Section 1. That section 711.131 be
amended and sections | 8 |
|
5552.01, 5552.02, 5552.03, 5552.04,
5552.05,
5552.06, 5552.07, | 9 |
|
5552.08, 5552.09, 5552.10, 5552.11, and 5552.99 of the
Revised | 10 |
|
Code be enacted to
read as follows: | 11 |
Sec. 711.131. Notwithstanding
the provisions of sections | 12 |
711.001 to 711.13, inclusive, of the Revised Code, a proposed | 13 |
|
division of a parcel of land along an existing public street, not | 14 |
|
involving the opening, widening, or extension of any street or | 15 |
|
road, and involving no more than five lots after the original | 16 |
|
tract has been completely subdivided, may be submitted to the | 17 |
authority having approving jurisdiction of plats under
the | 18 |
provisions of section 711.05, 711.09, or 711.10 of the Revised | 19 |
Code for approval without plat. If
suchthe authority acting | 20 |
through
a properly designated representative
thereof is satisfied | 21 |
that
suchthe proposed division is not contrary to applicable | 22 |
platting,
subdividing,
or zoning,or access management | 23 |
|
regulations, it shall within seven working
days after submission | 24 |
approve
suchthe proposed division and, on
presentation of a | 25 |
conveyance of
saidthe parcel, shall stamp the
sameconveyance | 26 |
|
"approved by (planning authority); no plat required" and have it | 27 |
|
signed by its clerk, secretary, or other official as may be | 28 |
designated by it.
SuchThe planning authority may require the | 29 |
submission of a sketch and
such other information
asthat
is | 30 |
pertinent
to its determination
hereunderunder this section. | 31 |
| Sec. 5552.02. (A) Except as provided in divisions (C) and | 40 |
|
(D) of this section, for
the purposes of promoting traffic | 41 |
|
safety
and efficiency and maintaining proper traffic capacity
and | 42 |
|
traffic
flow, a board of township trustees may adopt, by | 43 |
|
resolution, regulations for the management of access onto township | 44 |
|
roads in the unincorporated area of the township in accordance | 45 |
|
with sections 5552.05 and 5552.06 of the Revised Code. As part of | 46 |
|
those regulations, the board may require
permits, including | 47 |
|
interim and temporary permits, for the
construction, | 48 |
|
reconstruction, use, and maintenance of any point of
access from | 49 |
|
public or private property onto those township roads. If the | 50 |
|
board adopts regulations that require permits, the regulations | 51 |
|
shall include standards that will be used for the approval or | 52 |
|
denial of a permit. Any regulations regarding the approval or | 53 |
| denial of a permit shall specify a reasonable period for the | 54 |
| approval or denial and shall provide that a failure to approve or | 55 |
| deny, in whole or in part, any permit, license, or other approval | 56 |
| sought within that period shall constitute a granting of approval | 57 |
| for the permit, license, or other approval. | 58 |
| Notwithstanding anything to the contrary in this division, a | 59 |
|
board of township trustees of a township other than an urban | 60 |
|
township may not adopt regulations authorized by this division | 61 |
|
until the date that is one year after the effective date of this | 62 |
|
section, and then only if the county does not adopt or initiate | 63 |
|
the process of adopting regulations under division (B) of this | 64 |
|
section within that one-year period. If the county initiates the | 65 |
|
process of adopting regulations under division (B) of this section | 66 |
|
within that one-year period but does not actually adopt | 67 |
|
regulations under
division (B) of this section
within two years | 68 |
|
after the effective
date of this section, the
township may adopt | 69 |
|
regulations
authorized by this division on or
after the date that | 70 |
|
is two years
after the effective date of this
section. | 71 |
| (B) For the purposes of promoting traffic safety and | 72 |
|
efficiency and maintaining proper traffic capacity and traffic | 73 |
|
flow, the board of county commissioners may adopt, by resolution, | 74 |
|
regulations for the management of access onto county and township | 75 |
|
roads in the unincorporated area of the county in accordance with | 76 |
|
sections 5552.04 and 5552.06 of the Revised Code. As part of | 77 |
|
those regulations, the board may require permits, including | 78 |
|
interim and temporary permits, for the construction, | 79 |
|
reconstruction, use, and maintenance of any point of access from | 80 |
|
public or private property onto those county and township roads. | 81 |
|
If the board adopts regulations that require permits, the | 82 |
|
regulations shall include standards that will be used for the | 83 |
|
approval or denial of a permit. Any regulations regarding the | 84 |
| approval or denial of a permit shall specify a reasonable period | 85 |
| for the approval or denial and shall provide that a failure to | 86 |
| approve or deny, in whole or in part, any permit, license, or | 87 |
| other approval sought within that period shall constitute a | 88 |
| granting of approval for the permit, license, or other approval. | 89 |
| (C) On or after the appropriate date provided in division | 95 |
|
(A) of this
section for adopting regulations under that division, | 96 |
|
the board of township trustees of a township other than
an urban | 97 |
|
township may adopt the regulations authorized by
that division.
If | 98 |
|
such a board of township trustees adopts regulations, and a
board | 99 |
|
of county commissioners later adopts
regulations under
division | 100 |
|
(B) of this section that apply to the
same township
roads, then, | 101 |
|
one year after the effective date of
the county
regulations, the | 102 |
|
regulations adopted by the board of
township
trustees shall be | 103 |
|
void, and the regulations adopted by
the
board
of county | 104 |
|
commissioners shall apply to those township
roads.
However, the | 105 |
|
board of township trustees may establish an
earlier
date for the | 106 |
|
county regulations to take effect and the
township
regulations to | 107 |
|
be void by adopting a resolution
establishing an
earlier date and | 108 |
|
sending a certified copy of that
resolution to
the board of county | 109 |
|
commissioners. | 110 |
| (D) Except as otherwise provided in this division, if an | 111 |
|
urban township adopts regulations under division (A) of this | 112 |
|
section and the county also adopts regulations under division (B) | 113 |
|
of this section that affect township roads in that township, the | 114 |
|
county regulations shall have no effect on the township roads in | 115 |
|
that township. If the urban township adopts its regulations | 116 |
|
after the county adopts its regulations, however, the county | 117 |
|
regulations shall remain in effect for one year after the township | 118 |
|
regulations are adopted unless the board of county commissioners | 119 |
|
establishes an earlier date for the county regulations to expire | 120 |
|
within that urban township. After the earlier established date or | 121 |
|
one year, whichever is applicable, only the township regulations | 122 |
|
shall apply to the township roads in that urban township, although | 123 |
|
the county regulations shall continue to apply to the county roads | 124 |
|
in that urban township. | 125 |
| (B) Upon adoption of
a resolution proposing the | 161 |
|
consideration of access
management regulations under division
(A) | 162 |
|
of this section, the board
of county commissioners shall request | 163 |
|
the county engineer to
draft proposed regulations. The
engineer | 164 |
|
shall prepare
proposed regulations and, when they are
complete, | 165 |
|
send a
copy of them to each member of the
advisory
committee | 166 |
|
appointed under division
(C) of this section along with
a notice | 167 |
|
of the time and place of the first meeting of the
advisory | 168 |
|
committee. That meeting shall take place within thirty
days after | 169 |
|
the completion of the engineer's proposed regulations. | 170 |
| (C) Upon adoption of
a resolution under division
(A) of
this | 171 |
|
section, the board
of county commissioners
shall establish an | 172 |
|
advisory committee
to review the county engineer's proposed | 173 |
|
regulations prepared under division (B) of this section.
The board | 174 |
|
shall appoint to the committee
the county engineer or the | 175 |
|
engineer's designee, a registered
surveyor in
private
practice, a | 176 |
|
representative of the homebuilding
industry, a
licensed realtor, a | 177 |
|
representative of a county or
regional
planning commission with | 178 |
|
jurisdiction in the county, a
professional engineer
with
expertise | 179 |
|
in traffic engineering, a
representative of the metropolitan | 180 |
|
planning organization, where
applicable, at least three township | 181 |
|
trustees from any townships
located in the county selected by the | 182 |
|
local county association representing the township trustees and | 183 |
|
clerks in that county, a member of the board of
county | 184 |
|
commissioners, and any
other person the board chooses to appoint. | 185 |
| At its initial meeting held as
provided in the
notice sent by | 186 |
|
the
county engineer under division
(B) of this section, the | 187 |
|
advisory
committee shall elect one member to serve as the | 188 |
|
chairperson of
the committee. Within two hundred seventy days | 189 |
|
after that
initial meeting, the
advisory committee shall provide | 190 |
|
the board
of county commissioners
with a copy of the engineer's | 191 |
|
proposed regulations, the
committee's recommendations about each | 192 |
|
of the proposed
regulations, and any other recommendations about | 193 |
|
the access
management regulations the committee considers | 194 |
|
appropriate. | 195 |
| (B) Upon adoption of a resolution proposing the | 211 |
|
consideration of access management regulations under division (A) | 212 |
|
of this section, the board of township trustees shall request the | 213 |
|
county engineer to draft proposed regulations. The engineer shall | 214 |
|
prepare proposed regulations and, when they are complete, send a | 215 |
|
copy of them to each member of the advisory committee appointed | 216 |
|
under division (C) of this section along with a notice of the time | 217 |
|
and place of the first meeting of the advisory committee. That | 218 |
|
meeting shall take place within thirty days after the completion | 219 |
|
of the engineer's proposed regulations. | 220 |
| (C) Upon adoption of a resolution under division (A) of this | 221 |
|
section, the board of township trustees shall establish an | 222 |
|
advisory committee to review the county engineer's proposed | 223 |
|
regulations prepared under division (B) of this section. The | 224 |
|
board shall appoint to
the committee the county engineer or the | 225 |
|
engineer's designee, a
registered surveyor in private practice, a | 226 |
|
representative of the
homebuilding industry, a licensed realtor, a | 227 |
|
representative of a
county or regional planning commission with | 228 |
|
jurisdiction in the
county, a professional engineer with expertise | 229 |
|
in traffic
engineering, a representative of the metropolitan | 230 |
|
planning
organization, where applicable, three residents of the | 231 |
|
township,
and any other person the board chooses to appoint. | 232 |
| At its initial meeting held as provided in the notice sent by | 233 |
|
the county engineer under division (B) of this section, the | 234 |
|
advisory committee shall elect one member to serve as the | 235 |
|
chairperson of the committee. Within two hundred seventy days | 236 |
|
after that initial meeting, the advisory committee shall provide | 237 |
|
the board of township trustees with a copy of the engineer's | 238 |
|
proposed regulations, the committee's recommendations about each | 239 |
|
of the proposed regulations, and any other recommendations about | 240 |
|
the access management regulations the committee considers | 241 |
|
appropriate. | 242 |
| Sec. 5552.06. (A) A board of county commissioners
or a board | 247 |
|
of township trustees may adopt access
management regulations or | 248 |
|
any
amendments to those regulations
after holding at
least two | 249 |
|
public hearings at regular or special
sessions of the board. The | 250 |
|
board shall consider the county engineer's
proposed
regulations | 251 |
|
prepared under division (B) of section 5552.04 or 5552.05 of the | 252 |
|
Revised Code and all comments on those regulations. The board, in | 253 |
|
its discretion, may, but
need not, adopt any or
all of those | 254 |
|
proposed regulations.
After the public hearings, the board
may | 255 |
|
decide not to adopt any
access management regulations. | 256 |
| The board shall publish notice of the public hearings
in a | 257 |
|
newspaper
of general circulation in the county
or township, as | 258 |
|
applicable,
once a week for at least two
weeks immediately | 259 |
|
preceding the
hearings. The notice shall
include the time, date, | 260 |
|
and place of
each hearing. Copies of any
proposed regulations or | 261 |
|
amendments
shall be made available to
the public at the board's | 262 |
|
office and,
if the county engineer
administers or is proposed to | 263 |
|
administer a
point of access
permit, in the engineer's office. | 264 |
| (B) In addition to the notice required by division (A) of | 265 |
|
this section, not less than thirty days before holding
a
public | 266 |
|
hearing,
a board
of
county commissioners
shall send a copy of the | 267 |
|
county engineer's proposed
regulations, a copy of the advisory | 268 |
|
committee's
recommendations, and a
request for written comments to | 269 |
|
the board
of township trustees of each
township in the county, the | 270 |
|
department of transportation district deputy
director for the | 271 |
|
district in which the county is located, a representative of
the | 272 |
|
metropolitan planning organization, where applicable, and at least | 273 |
|
the local professional associations representing the following | 274 |
|
professions: | 275 |
| (C) In addition to the notice required by division (A) of | 281 |
|
this section, a board of township trustees shall send a copy of | 282 |
|
the county engineer's proposed regulations, a copy of the advisory | 283 |
|
committee's recommendations, and a request for written comments, | 284 |
|
not less than thirty days before holding a public hearing, to the | 285 |
|
department of transportation district deputy director for the | 286 |
|
district in which the township is located, a representative of the | 287 |
|
metropolitan planning organization, where applicable, and at least | 288 |
|
the local professional associations representing the professions | 289 |
|
listed in division (B) of this section. | 290 |
| Sec. 5552.07. A board of county commissioners or board of | 291 |
|
township trustees that adopts access management regulations under | 292 |
|
section 5552.02 of the Revised Code shall include in those | 293 |
|
regulations the designation of a board to hear and decide appeals | 294 |
|
when it is alleged that there is error in any order, requirement, | 295 |
|
decision, or determination made by an administrative official in | 296 |
|
the enforcement of the regulations. This appellate board may be | 297 |
|
the board itself acting in an administrative capacity, or some | 298 |
|
other board appointed by the board of county commissioners or | 299 |
|
board of township trustees, whichever is applicable. The | 300 |
|
regulations also shall authorize that appellate board to grant | 301 |
|
variances that are not contrary to the public interest from the | 302 |
|
terms of the regulations where, owing to special conditions, a | 303 |
|
literal enforcement of the regulations will result in unnecessary | 304 |
|
hardship, and so that the spirit of the regulations will be | 305 |
|
observed and substantial justice done. | 306 |
| Sec. 5552.08. (A) A permit issued under access management | 307 |
|
regulations adopted under section 5552.02 of the Revised Code | 308 |
|
shall prescribe the limitations on, as well as the permitted uses | 309 |
|
of, the permit. No modifications or amendments to the permit | 310 |
|
shall be made once it is issued. To be subject to a different | 311 |
|
permit, a person shall apply for a new permit that specifically | 312 |
|
supersedes the existing permit. | 313 |
| Sec. 5552.09. Any access management regulations adopted | 317 |
|
under
section 5552.02 of the Revised Code become effective on the | 318 |
|
thirty-first day
following the date of their adoption unless | 319 |
|
otherwise indicated
in
the regulations. The board adopting the | 320 |
|
regulations shall publish
notice
of their adoption, and of their | 321 |
|
availability at the board's
office, in at least one newspaper of | 322 |
|
general circulation in the
county or township, as applicable, | 323 |
|
within ten days after their
adoption. The board also shall | 324 |
|
provide a copy of
the regulations
to the department of | 325 |
|
transportation district deputy director
for
the district in which | 326 |
|
the county or township is located. | 327 |
| Sec. 5552.10. The board of county commissioners shall | 328 |
|
designate the
county engineer to administer county access | 329 |
|
management
regulations, except that if the engineer
declines to | 330 |
|
administer
the regulations, the board may designate another | 331 |
|
person, or a planning
commission, to administer them. If a board | 332 |
|
of township
trustees
adopts access management regulations, the | 333 |
|
board may administer the regulations or may appoint
the
township | 334 |
|
clerk or any other person to administer them, with
the advice of | 335 |
|
the county engineer. | 336 |