As Passed by the House

125th General Assembly
Regular Session
2003-2004
Sub. S. B. No. 115


Senator Robert Gardner 

Representatives Combs, Daniels, Flowers, Schmidt, Wolpert 

A BILL
To amend sections 505.75, 711.001, 711.10, 711.131, 1
711.132, 713.21, and 713.22 and to enact section 2
711.133 of the Revised Code to permit the 3
exemption from the definition of "subdivision" in 4
the Platting Law of certain parcels of land, to 5
permit the regulation of certain parcels between 6
four and twenty acres for approval without plat, 7
to change the procedure for the approval of plats8
by county or regional planning commissions, to9
provide different methods for implementing the10
statute authorizing the approval of certain11
subdivisions without the submission of a plat, to 12
permit the payment of compensation to the13
appointive members of county or regional planning14
commissions, to permit townships to contract with 15
other townships to administer and enforce building 16
regulations, and to authorize the conveyance of 17
certain state-owned real estate located in Summit 18
County.19


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 505.75, 711.001, 711.10, 711.131, 20
711.132, 713.21, and 713.22 be amended and section 711.133 of the 21
Revised Code be enacted to read as follows:22

       Sec. 505.75.  (A) A board of township trustees may, by23
resolution, adopt by incorporation by reference, administer, and24
enforce a standard code pertaining to the erection, construction,25
repair, alteration, and maintenance of single-family, two-family,26
and three-family dwellings promulgated by the state, or any27
department, board, or other agency thereofof the state, or by any 28
municipal corporation or county in this state, within the 29
unincorporated territory of the township, or establish districts 30
in any part of the unincorporated territory and adopt, administer, 31
and enforce such a standard code in the affected districts. When 32
adopted, all regulations contained in such a standard code, 33
including those establishing service charges, shall be uniform 34
within all districts in which building codes are established, 35
except that more stringent regulations may be imposed in flood 36
hazard areas in order to prevent or reduce the hazard resulting 37
from flooding. In no case shall regulations exceed the scope of 38
regulating the safety, health, and sanitary conditions of such 39
buildings. Any person adversely affected by a resolution of the 40
board adopting, amending, or rescinding a regulation may seek a 41
declaratory judgment pursuant to Chapter 2721. of the Revised Code 42
on the ground that the board failed to comply with the law in 43
adopting, amending, rescinding, publishing, or distributing the 44
regulation, or that the regulation, as adopted or amended by the 45
board, is unreasonable or unlawful, or that the revision46
rescinding of the regulation was unreasonable or unlawful.47

       A township building code may include regulations that are48
necessary for participation in the national flood insurance49
program and are not in conflict with the Ohio building code,50
governing the prohibition, location, erection, construction, or51
floodproofing of new buildings or structures, or substantial52
improvements to existing buildings or structures, in53
unincorporated territory within flood hazard areas identified54
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,55
42 U.S.C.A. 4002, as amended, including, but not limited to,56
residential, commercial, or industrial buildings or structures.57

       (B) Regulations or amendments to regulations may be adopted 58
under this section only after public hearinghearings at not fewer 59
than two regular sessions of the board of township trustees. The 60
board shall cause to be published in a newspaper of general 61
circulation in the township notice of the public hearings, 62
including time, date, and place, once a week for two weeks 63
immediately preceding the hearings. The proposed regulations or 64
amendments shall be made available by the board to the public at 65
the board office.66

       The township building code shall be adopted if it is approved 67
by an affirmative vote of all members of the board of township 68
trustees.69

       The building code and any amendments to the building code70
adopted by the board become effective thirty days after the date71
of adoption unless, within thirty days after the adoption of the72
building code or amendments, there is presented to the board a73
petition, signed by a number of qualified voters residing in the74
unincorporated area of the township equal to not less than eight75
per cent of the total vote cast for all candidates for governor in 76
the area at the most recent general election at which a governor 77
was elected, requesting the board to submit the building code or 78
amendments to the electors of suchthe area for approval or79
rejection at the next primary or general election.80

       No building code or amendments for which the referendum vote 81
has been requested shall be put into effect unless a majority of 82
the vote cast on the issue is in favor of the building code or 83
amendments. Upon certification by the board of elections, they 84
take immediate effect.85

       (C) The board of township trustees may establish a building 86
regulation department and employ personnel to enforce building 87
regulations. Upon certification of the building department under 88
section 3781.10 of the Revised Code, the board of trustees may 89
direct the township building department to exercise enforcement 90
authority and to accept and approve plans pursuant to sections 91
3781.03 and 3791.04 of the Revised Code for any other kind or 92
class of building in the unincorporated territory of the township.93

       For the purposes of administering and enforcing the building94
regulations, the board of township trustees may create, establish, 95
fill, and fix the compensation of the position of township 96
building inspector. The inspector shall be the chief97
administrative officer of the township building regulation98
department and shall administer and enforce the building99
regulations. In lieu of the creation of the position of township100
building inspector, the board may assign the duties of the101
inspector to an existing township officer.102

       (D) The board of township trustees may contract with any 103
other township, any municipal corporation, or with a board of 104
county commissioners for the administration and enforcement of 105
building regulations, and any other township, any municipal 106
corporation, or a board of county commissioners may contract with 107
a board of township trustees for the administration and 108
enforcement of the building regulations of the other township, the 109
municipal corporation, or the county.110

       Sec. 711.001.  As used in sections 711.001 to 711.38,111
inclusive, of the Revised Codethis chapter:112

       (A) "Plat" means a map of a tract or parcel of land.113

       (B) "Subdivision" means either of the following:114

       (1) The division of any parcel of land shown as a unit or as115
contiguous units on the last preceding general tax rolllist and116
duplicate of real and public utility property, into two or more117
parcels, sites, or lots, any one of which is less than five acres 118
for the purpose, whether immediate or future, of transfer of119
ownership, provided, however, that the following are exempt:120

       (a) A division or partition of land into parcels of more than121
five acres not involving any new streets or easements of access, 122
and the;123

       (b) The sale or exchange of parcels between adjoining lot 124
owners, where suchthat sale or exchange does not create 125
additional building sites, shall be exempted; or126

       (c) If the planning authority adopts a rule in accordance 127
with section 711.133 of the Revised Code that exempts from 128
division (B)(1) of this section any parcel of land that is four 129
acres or more, parcels in the size range delineated in that rule.130

       (2) The improvement of one or more parcels of land for131
residential, commercial, or industrial structures or groups of132
structures involving the division or allocation of land for the133
opening, widening, or extension of any public or private street or134
streets, except private streets serving industrial structures;,or135
involving the division or allocation of land as open spaces for136
common use by owners, occupants, or lease holdersleaseholders or137
as easements for the extension and maintenance of public or138
private sewer, water, storm drainage, or other publicsimilar139
facilities.140

       Sec. 711.10. (A) Whenever a county planning commission or a141
regional planning commission adopts a plan for the major streets142
or highways of the county or region, no plat of a subdivision of143
land within the county or region, other than land within a144
municipal corporation or land within three miles of a city or one145
and one-half miles of a village as provided in section 711.09 of146
the Revised Code, shall be recorded until it is approved by the147
county or regional planning commission under division (C) of this148
section and the approval is endorsed in writing on the plat.149
Within150

       (B)A county or regional planning commission may require the151
submission of a preliminary plan for each plat sought to be152
recorded. If the commission requires this submission, it shall153
provide for a review process for the preliminary plan. Under this154
review process, the planning commission shall give its approval,155
its approval with conditions, or its disapproval of each156
preliminary plan. The commission's decision shall be in writing,157
shall be under the signature of the secretary of the commission,158
and shall be issued within thirty-five business days after the159
submission of the preliminary plan to the commission. The160
disapproval of a preliminary plan shall state the reasons for the161
disapproval. A decision of the commission under this division is162
preliminary to and separate from the commission's decision to163
approve, conditionally approve, or refuse to approve a plat under164
division (C) of this section.165

       (C) Within five calendar days after the submission of a plat 166
for approval under this division, the county or regional planning167
commission shall schedule a meeting to consider the plat and send168
a notice by regular mail or by electronic mail to the clerk of the169
board of township trustees of the township in which the plat is170
located. The notice shall inform the trustees of the submission of 171
the plat and of the date, time, and location of any meeting at172
which the county or regional planning commission will consider or173
act upon the plat. The meeting shall take place within thirty174
calendar days after submission of the plat, and no meeting shall 175
be held until at least seven calendar days have passed from the 176
date the planning commission sent the notice was sent by the177
planning commission.178

       The approval of the county or regional planning commission,179
the commission's conditional approval as described in this180
division, or the refusal of the commission to approve shall be181
endorsed on the plat within thirty calendar days after the 182
submission of the plat for approval,under this division or within 183
such further time as the applying party may agree to in writing; 184
otherwise that plat is deemed approved, and the certificate of the185
planning commission as to the date of the submission of the plat 186
for approval under this division and the failure to take action on 187
it within that time shall be sufficient in lieu of the written 188
endorsement or evidence of approval required by this section189
division. A190

       A county or regional planning commission shall not require191
may grant conditional approval under this division to a plat by192
requiring a person submitting the plat to alter the plat or any193
part of it, within a specified period after the end of the thirty194
calendar days, as a condition for final approval, as long as the 195
plat is in accordance with the general rules governing plats and196
subdivisions of land, adopted by the commission as provided in197
this section, in effect at the time the plat is submitted. The198
under this division. Once all the conditions have been met within 199
the specified period, the commission shall cause its final 200
approval under this division to be endorsed on the plat. No plat 201
shall be recorded until it is endorsed with the commission's final 202
or unconditional approval under this division.203

       The ground of refusal of approval of any plat submitted under204
this division, including citation of or reference to the rule205
violated by the plat, shall be stated upon the record of the206
county or regional planning commission. Within sixty calendar days207
after the refusal under this division, the person submitting any 208
plat that the county or regional planning commission refuses to 209
approve under this division may file a petition in the court of 210
common pleas of the proper county, and the proceedings on the 211
petition shall be governed by section 711.09 of the Revised Code 212
as in the case of the refusal of a planning authority to approve a 213
plat. A board of township trustees is not entitled to appeal a 214
decision of the county or regional planning commission under this215
sectiondivision.216

       A county or regional planning commission shall adopt general217
rules, of uniform application, governing plats and subdivisions of218
land falling within its jurisdiction, to secure and provide for219
the proper arrangement of streets or other highways in relation to220
existing or planned streets or highways or to the county or221
regional plan, for adequate and convenient open spaces for222
traffic, utilities, access of firefighting apparatus, recreation,223
light, and air, and for the avoidance of congestion of population.224
The rules may provide for their modification by the county or225
regional planning commission in specific cases where unusual226
topographical and other exceptional conditions require the227
modification. The rules may require the county department of228
health to review and comment on a plat before the county or229
regional planning commission acts upon it and also may also230
require proof of compliance with any applicable zoning resolutions231
as a basis for approval of a plat.232

       Before adoption of its rules or amendment of its rules, the233
commission shall hold a public hearing shall be held on the234
adoption or amendment by the commission. Notice of the public235
hearing shall be sent to all townships in the county or region by236
regular mail or electronic mail at least thirty business days 237
before the hearing. No county or regional planning commission 238
shall adopt any rules requiring actual construction of streets or 239
other improvements or facilities or assurance of that construction 240
as a condition precedent to the approval of a plat of a 241
subdivision unless the requirements have first been adopted by the 242
board of county commissioners after a public hearing. A copy of 243
the rules shall be certified by the planning commission to the 244
county recorders of the appropriate counties.245

       After a county or regional street or highway plan has been246
adopted as provided in this section, the approval of plats and247
subdivisions provided for in this section shall be in lieu of any248
approvals provided for in other sections of the Revised Code, so249
farinsofar as the territory within the approving jurisdiction of250
the county or regional planning commission, as provided in this251
section, is concerned. Approval of a plat shall not be an252
acceptance by the public of the dedication of any street, highway,253
or other way or open space shown upon the plat. Any254

       No county or regional planning commission shall require a 255
person submitting a plat to alter the plat or any part of it as 256
long as the plat is in accordance with the general rules governing 257
plats and subdivisions of land, adopted by the commission as 258
provided in this section, in effect at the time the plat is 259
submitted.260

       A county or regional planning commission and a city or261
village planning commission, or platting commissioner or262
legislative authority of a village, with subdivision regulation263
jurisdiction over unincorporated territory within the county or264
region may cooperate and agree by written agreement that the265
approval of a plat by the city or village planning commission, or266
platting commissioner or legislative authority of a village, as267
provided in section 711.09 of the Revised Code, shall be268
conditioned upon receiving advice from or approval by the county269
or regional planning commission.270

       (D) As used in this section, "business day" means a day of 271
the week excluding Saturday, Sunday, or a legal holiday as defined 272
in section 1.14 of the Revised Code.273

       Sec. 711.131. (A) Notwithstanding sections 711.001 to 711.13 274
of the Revised Code and except as provided in division (C) of this 275
section, unless the rules adopted under section 711.05, 711.09, or 276
711.10 of the Revised Code are amended pursuant to division (B) of 277
this section, a proposed division of a parcel of land along an278
existing public street, not involving the opening, widening, or279
extension of any street or road, and involving no more than five280
lots after the original tract has been completely subdivided, may281
be submitted to the planning authority having approving 282
jurisdiction of plats under section 711.05, 711.09, or 711.10 of 283
the Revised Code for approval without plat. If the authority 284
acting through a properly designated representative is satisfied285
finds that thea proposed division is not contrary to applicable286
platting, subdividing, zoning, health, sanitary, or access 287
management regulations or regulations adopted under division 288
(B)(3) of section 307.37 of the Revised Code regarding existing 289
surface or subsurface drainage, including, but not limited to, 290
rules governing household sewage disposal systems, it shall within 291
seven working days after submission approve the proposed division 292
within seven business days after its submission and, on293
presentation of a conveyance of the parcel, shall stamp the 294
conveyance "approved by (planning authority); no plat required" 295
and have it signed by its clerk, secretary, or other official as 296
may be designated by it. The planning authority may require the297
submission of a sketch and other information that is pertinent to 298
its determination under this sectiondivision.299

       (B) For a period of up to two years after the effective date300
of this amendment, the rules adopted under section 711.05, 711.09,301
or 711.10 of the Revised Code may be amended within that period to 302
authorize the planning authority involved to approve proposed 303
divisions of parcels of land without plat under this division. If 304
an authority so amends its rules, it may approve no more than five 305
lots without a plat from an original tract as that original tract306
exists on the effective date of the amendment to the rules. The307
authority shall make the findings and approve a proposed division308
in the time and manner specified in division (A) of this section.309

       (C) This section does not apply to parcels subject to section 310
711.133 of the Revised Code.311

       (D) As used in this section:312

       (1) "Business day" means a day of the week excluding 313
Saturday, Sunday, or a legal holiday as defined in section 1.14 of 314
the Revised Code.315

       (2) "Household sewage disposal system" has the same meaning316
as in section 3709.091 of the Revised Code.317

       Sec. 711.132.  No rule or regulation of a planning commission 318
adopted pursuant to the provisions of this chapter, including any 319
rule adopted under section 711.133 of the Revised Code, shall 320
become effective until the same shall haveit has been approved, 321
after public hearing, by the legislative authority of the322
municipal corporation in the case of a municipal planning 323
commission or by the board of county commissioners in the case of 324
a regional or county planning commission.325

       Sec. 711.133. (A) Notwithstanding anything to the contrary in 326
sections 711.001 to 711.13 of the Revised Code, rules may be 327
adopted and amended that require a proposed division of a parcel 328
of land along an existing public street, not involving the 329
opening, widening, or extension of any street or road, and 330
involving the establishment of any lot that meets acreage 331
requirements under division (B) of this section, to be submitted 332
to the planning authority having approving jurisdiction of plats 333
under section 711.05, 711.09, or 711.10 of the Revised Code for 334
approval without plat in accordance with this section. The rules 335
shall provide that, if the authority acting through a properly 336
designated representative finds that a proposed division is not 337
contrary to any applicable zoning, health, sanitary, or access 338
management regulations, regulations adopted under division (B)(3) 339
of section 307.37 of the Revised Code regarding existing surface 340
or subsurface drainage, including, but not limited to, rules 341
governing household sewage disposal systems, or regulations 342
adopted under division (D) of this section, it shall approve the 343
proposed division within the applicable timeframe listed in 344
division (F) of this section and, on presentation of a conveyance 345
of the parcel, shall stamp the conveyance "approved by (planning 346
authority); no plat required" and have it signed by its clerk, 347
secretary, or other official as may be designated by it. For 348
purposes of this division, "household sewage disposal system" has 349
the same meaning as in section 3709.091 of the Revised Code.350

       (B) Rules adopted under this section shall designate the size 351
range of parcels to be approved in compliance with this section; 352
parcels may be in a range of not less than four acres and not more 353
than twenty acres. If the designated size range includes any 354
parcels of four to five acres in size, the rules shall state that 355
the proposed division shall not be considered a subdivision for 356
purposes of division (B)(1) of section 711.001 of the Revised Code 357
and need only be approved as specified in division (A) of this 358
section and the rules adopted under this section. 359

       (C) Rules adopted under this section shall exempt from the 360
approval requirements of this section parcels of land to be used 361
only for agricultural or personal recreational purposes. On the 362
presentation of a conveyance of such a parcel, the authority's 363
designated representative shall stamp the conveyance "no approval 364
or plat required under R.C. 711.133; for agricultural or personal 365
recreational use only" and have it signed by its clerk, secretary, 366
or other official as the authority may designate. Nothing in this 367
division excludes, or shall be construed as excluding, parcels 368
that are exempt under this division as being used only for 369
agricultural or personal recreational purposes, from the 370
provisions of this chapter for any future divisions or partitions 371
of those parcels.372

       When parcels of land that are exempt under this division from 373
the approval requirements of this section are subsequently to be 374
used for other than agricultural or personal recreational 375
purposes, the planning authority shall first determine that such a 376
parcel complies with the rules adopted under this section.377

       (D) Rules adopted under this section may regulate lot 378
frontage and width to depth ratios for parcels to be approved in 379
compliance with this section, but those regulations shall apply to 380
a parcel only if there is no applicable zoning regulation for lot 381
frontage or width to depth ratios that apply to the parcel.382

       (E) Rules adopted under this section may require the 383
submission of a sketch and other information that is pertinent to 384
the authority's determination under this section. 385

       (F) A proposed division subject to approval in accordance 386
with this section shall be approved within one of the following 387
timeframes:388

       (1) For proposed divisions into not more than six separate 389
parcels, approval shall be within seven calendar days after its 390
submission.391

       (2) For proposed divisions into more than six separate 392
parcels but less than fifteen separate parcels, approval shall be 393
within fourteen calendar days after its submission.394

       (3) For proposed divisions into fifteen parcels or more, 395
approval shall be within twenty-one calendar days after its 396
submission.397

       Sec. 713.21. (A) The planning commission of any municipal398
corporation or group of municipal corporations, any board of399
township trustees, and the board of county commissioners of any400
county in which suchthe municipal corporation or group of401
municipal corporations is located or of any adjoining county may402
co-operatecooperate in the creation of a regional planning403
commission, for any region defined as agreed upon by the planning404
commissions and boards, exclusive of any territory within the405
limits of a municipal corporation not having a planning406
commission. After creation of a regional planning commission,407
school districts, special districts, authorities, and any other408
units of local government may participate in the regional planning409
commission, upon such terms as may be agreed upon by the planning410
commissions and boards. The411

       The number of members of sucha regional planning commission,412
their method of appointment, and the proportion of the costs of413
such regional planning to be borne respectively by the various414
municipal corporations, townships, and counties in the region and415
by other participating units of local government shall be such as416
is determined by a majority of the planning commissions and417
boards. Costs may include, but are not limited to, compensation 418
and actual and necessary expenses for appointive members of a 419
regional planning commission who are not also holding another 420
public office to which they were elected. Any member of a regional 421
planning commission may hold any other public office and may serve 422
as a member of a city, village, and aor county planning 423
commission, except as otherwise provided in the charter of any 424
city or village. Such425

       Boards of township trustees, boards of county commissioners,426
and legislative authorities of such municipal corporations, and427
the governing bodies of other participating units of local428
government, may appropriate their respective shares of suchthe429
costs of regional planning. TheThose sums so appropriated shall430
be paid into the treasury of the county in which the greater431
portion of the population of the region is located, and shall be432
paid out on the certificate of the regional planning commission433
and the warrant of the county auditor of suchthat county for the434
purposes authorized by sections 713.21 to 713.27, inclusive, of435
the Revised Code. The436

       (B) The regional planning commission may accept, receive, and 437
expend funds, grants, and services from the federal government or 438
its agencies,; from departments, agencies, and instrumentalities 439
of this state or any adjoining state or; from one or more counties 440
of this state or any adjoining state or; from any municipal 441
corporation or political subdivision of this or any adjoining 442
state, including county, regional, and municipal planning443
commissioncommissions of this or any adjoining state,; or from 444
civic sources, and. The regional planning commission may contract 445
with respect theretoto those funds, grants, and services, either 446
separately, jointly, or cooperatively, and may provide suchthe447
information and reports as may be necessary to secure such 448
financial aidthose funds, grants, and services. Within the 449
amounts thus agreed upon and appropriated or otherwise received, 450
the regional planning commission may employ necessary engineers, 451
accountants, consultants, and employees as are necessary and may 452
rent or lease such space, purchase, lease, and lease with option 453
to purchase such equipment, and make suchother purchases as it454
deemsconsiders necessary to its use. The regional planning 455
commission may purchase, lease with option to purchase, or receive 456
as a gift property and buildings within which it is housed and 457
carries out its responsibilities, provided that the rules of the 458
commission provide for the disposition of the property and 459
buildings in the event thatif the commission is dissolved or 460
otherwise terminated.461

       (C) The regional planning commission may establish such462
committees with suchthe powers as it finds necessary to carry on463
its work, including an executive committee to make such final464
determinations, decisions, findings, recommendations, and orders465
as theprovided in the commission's rules of the regional planning466
commissions provide. All actions of suchthese committees shall be 467
reported in writing to the members of the regional planning468
commission no later than theits next meeting of the regional469
planning commission or within thirty days from the date of the470
action, whichever is earlier. The regional planning commission may 471
provide a procedure to ratify committee actions by a vote of the 472
members. The473

       (D) The regional planning commission may make agreements with 474
other agencies, public or private,agencies for the temporary475
transfer or joint use of staff employees, and may contract for476
professional or consultant services for or from other governmental477
and private agencies and persons.478

       Sec. 713.22.  (A) The board of county commissioners of any479
county may, and on petition of the planning commissions of a480
majority of the municipal corporations in the county having those481
planning commissions shall, provide for the organization and482
maintenance of a county planning commission. A county planning483
commission shall consist of the members of the board of county484
commissioners, or their alternates designated in accordance with485
this division, and eight other members appointed by the board in486
accordance with divisions (B)(1) to (4) of this section or their487
alternates designated and approved in accordance with this488
division. Any alternate designated under this division shall be a489
resident of the county.490

       To designate an alternate for a member of the board of county491
commissioners, the board member shall send a letter of appointment492
to the alternate and deliver a copy of that letter to the clerk of493
the board of county commissioners. At the next regular meeting of494
the board, the clerk shall inform the board of the designation of495
the alternate, and the board shall have the designation entered on496
the journal.497

       To designate an alternate for any other member of the498
planning commission, the member shall send a letter of appointment499
to the clerk of the board of county commissioners designating an500
individual to serve as that member's alternate. At the next501
regular meeting of the board, the clerk shall inform the board of502
the designation of the alternate, which designation the board may503
either approve or disapprove. The board shall enter its decision504
on the board's journal and, if the alternate is approved,505
designate the name of the alternate on the journal. The clerk of506
the board shall notify the commission member of the board's507
action, and the commission member shall inform the alternate.508

       A designated alternate shall serve at the pleasure of the509
member who makes the designation. Removal of an alternate shall be 510
made by a letter of removal, delivered and journalized by the same 511
method that the alternate was designated.512

       Once an alternate is designated for a member of the planning513
commission, if that commission member is absent from a planning514
commission meeting, the alternate has the right to vote and515
participate in all proceedings and actions of the commission at516
that meeting as if that alternate were the commission member.517

       (B)(1) Except as provided for counties with two or less518
townships in division (B)(4) of this section, if the population of519
the portion of any city located in the county exceeds fifty per520
cent of the total population of the county, the board of county521
commissioners shall select three of the appointive members from522
persons nominated by the planning commission of that city. The523
board shall appoint three members from the unincorporated524
territory of the county from persons recommended by the townships525
to the county, except that, if one or more of those townships in526
the county is a limited home rule government township, then the527
board shall appoint at least one of these three township528
appointees from the persons recommended by a limited home rule529
government township. The remaining two appointees shall be530
selected at the discretion of the board and shall be residents of531
the county, one residing in the unincorporated territory of the532
county and representing townships and the other residing in the533
incorporated territory of the county and representing municipal534
corporations in the county.535

       (2) Except as provided for counties with two or less536
townships in division (B)(4) of this section, if a county does not537
contain the portion of any city with at least fifty per cent of538
the total population of the county but contains one or more539
limited home rule government townships, one of the appointees540
shall be a resident of a limited home rule government township in541
the county, selected at the discretion of the board of county542
commissioners from persons recommended by a limited home rule543
government township in the county. One appointee shall be a544
resident of the municipal corporation with the largest population545
contained within the portion of the municipal corporation located546
in the county, selected at the discretion of the board of county547
commissioners from persons recommended by that municipal548
corporation. The remaining six appointees shall be residents of549
the county, selected at the discretion of the board of county550
commissioners.551

       (3) Except as provided for counties with two or less552
townships in division (B)(4) of this section, if a county does not553
contain the portion of any city with at least fifty per cent of554
the total population of the county and does not contain a limited555
home rule government township, the board of county commissioners556
shall appoint eight residents of the county selected at the557
discretion of the board.558

       (4) If a county contains two or less townships with559
unincorporated territory, the board of county commissioners shall560
appoint eight residents of the county selected at the discretion561
of the board, except that, if the population of the portion of any562
city located in the county exceeds fifty per cent of the total563
population of the county, then at least three of the appointive564
members shall be selected from persons nominated by the planning565
commission of that city.566

       (C) Subject to division (F) of this section, the appointive567
members of a county planning commission shall be appointed for568
terms of three years, except that, of the eight members first569
appointed, three shall be appointed for terms of two years, and570
two shall be appointed for a term of one year. The appointive571
members shall serve without paymay be allowed their actual and572
necessary expenses and the compensation that the board of county573
commissioners determines to be appropriate. Any member of a county 574
planning commission may hold any other public office and may serve 575
as a member of a city, village, and regional planning commission, 576
except as otherwise provided in the charter of any city or 577
village.578

       (D) The compensation and expenses of the appointive members579
of a county planning commission and the compensation of planning580
commission employees shall be paid from appropriations made by the581
board.582

       The county planning commission may employ engineers,583
accountants, consultants, and employees as are necessary, and make584
purchases as may be needed to the furtherance of its operation.585

       The county planning commission may accept, receive, and586
expend funds, grants, and services from the federal government or587
its agencies, from departments, agencies, and instrumentalities of588
this state or any adjoining state, from one or more counties of589
this state or any adjoining state, from any municipal corporation590
or political subdivision of this or any adjoining state, including591
a county, regional, and municipal planning commission of this or592
any adjoining state, or from civic sources, may contract with593
respect thereto, either separately, jointly, or cooperatively, and594
may provide information and reports as may be necessary to secure595
such financial aid.596

       (E) A county planning commission may adopt a policy under597
which members of the board of county commissioners, as members of598
that commission, or their designated alternates must abstain from599
participating and voting on the commission's recommendation,600
whenever a county planning commission is required by section601
303.12 of the Revised Code to recommend the approval or denial of602
a proposed amendment or approval of some modification of an603
amendment to the county zoning resolution, or is required by604
section 303.07 of the Revised Code to approve or disapprove, or605
make suggestions about, a proposed county zoning resolution. The606
policy may require that a quorum of the commission under those607
circumstances be determined on the basis of an eight-member608
commission instead of an eleven-member commission.609

       (F) If at any time a change occurs within a county so that610
the population of a portion of a city within the county exceeds or611
no longer exceeds fifty per cent of the total population of the612
county or a township becomes a limited home rule government613
township, thus creating a situation where the membership of a614
county planning commission should be altered to comply with the615
membership requirements of division (B) of this section, within616
thirty days after the effective date of either of those types of617
change, the board of county commissioners, in the board's618
discretion, may make changes on the commission by resolution so619
that its membership representation complies with division (B) of620
this section. If the board does not adopt a resolution to so621
change the commission's membership, the board shall phase in the622
necessary changes in the commission's membership by waiting until623
a member's term of office expires and appointing new members so as624
to meet the representation requirements of division (B) of this625
section as soon as possible without interfering with any member's626
term of office.627

       Section 2.  That existing sections 505.75, 711.001, 711.10, 628
711.131, 711.132, 713.21, and 713.22 of the Revised Code are 629
hereby repealed.630

       Section 3.  (A) The Governor is hereby authorized to execute 631
a deed in the name of the state conveying to the purchaser, and 632
the purchaser's heirs and assigns or successors and assigns, all 633
of the state's right, title, and interest in the following 634
described real estate:635

       Situated in the Village and Township of Richfield, County of 636
Summit, and State of Ohio; and known as being a part of Lot 1 in 637
Tract 3 of said Township and Village, bounded and described as 638
follows:639

       Beginning at the intersection of the centerline of the 640
original right-of-way of Brecksville Road, C.H. 17, and the 641
Southline of Lot 1, said line also being the North line of Lot 3;642

       Thence North 00° 19' 54" East along the centerline of the 643
original right-of-way of Brecksville Road a distance of 896.51 644
feet the True Place of Beginning;645

       Thence continuing North 00° 19' 54" East along the centerline 646
of the original right-of-way of Brecksville Road a distance of 647
145.00 feet to a point;648

       Thence North 89° 09' 54" East a distance of 1273.34 feet to 649
an iron pin found in the North right-of-way line of interstate 650
Route 271 and said line passing thru an iron pin set at 33.00 feet 651
from the centerline of Brecksville Road;652

       Thence South 50° 41' 46" West along the North right-of-way 653
line a distance of 233.04 feet to a set iron pin;654

       Thence South 89° 09' 54" West a distance of 1093.84 feet to a 655
point in the centerline of the original right-of-way of 656
Brecksville Road and said point being the True Place of Beginning 657
and said line passing thru an iron pin set at 33.00 feet from said 658
centerline and containing with said bounds 1.3082 acres in the 659
Village; 2.6309 acres in the Township, more or less, but subject 660
to all legal highways, as surveyed by Santee Associates in 661
December 1972.662

       (B) The Attorney General shall have the real estate described 663
in division (A) of this section appraised by a state certified or 664
licensed appraiser.665

       (C) Consideration for the conveyance of the real estate 666
described in division (A) of this section shall be a purchase 667
price of at least two-thirds of the appraised value and acceptable 668
to the Attorney General.669

       (D) Upon payment of the purchase price by the purchaser, the 670
Auditor of State, with the assistance of the Attorney General, 671
shall prepare a deed to the real estate described in division (A) 672
of this section. The deed shall state the consideration. The deed 673
shall be executed by the Governor in the name of the state, 674
countersigned by the Secretary of State, sealed with the Great 675
Seal of the State, presented in the office of the Auditor of State 676
for recording, and delivered to the purchaser. The purchaser shall 677
present the deed for recording in the office of the Summit County 678
Recorder.679

       (E) Advertising costs, appraisal fees, and all other costs of 680
the sale of the real estate described in division (A) of this 681
section shall be paid by the purchaser.682

       (F) The net proceeds of the sale of the real estate described 683
in division (A) of this section shall be deposited in the state 684
treasury as follows: sixty-two per cent to the credit of Fund 4Z2, 685
appropriation item 055-609, BCI Asset Forfeiture & Cost 686
Reimbursement, and thirty-eight per cent to the credit of the 687
general revenue fund.688

       (G) This section shall expire three years after its effective 689
date. 690