Sec. 505.75. (A) A board of township trustees may, by | 23 |
resolution, adopt by incorporation by reference, administer, and | 24 |
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 any | 27 |
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 revision | 46 |
rescinding of the regulation
was unreasonable or unlawful. | 47 |
A township building code may include regulations that are | 48 |
necessary for participation in the national flood insurance | 49 |
program and are not in conflict with the Ohio building code, | 50 |
governing the prohibition, location, erection, construction, or | 51 |
floodproofing of new buildings or structures, or substantial | 52 |
improvements to existing buildings or structures, in | 53 |
unincorporated territory within flood hazard areas identified | 54 |
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 building code and any amendments to the building code | 70 |
adopted by the board become effective thirty days after the date | 71 |
of adoption unless, within thirty days after the adoption of the | 72 |
building code or amendments, there is presented to the board a | 73 |
petition, signed by a number of qualified voters residing in the | 74 |
unincorporated area of the township equal to not less than eight | 75 |
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 or | 79 |
rejection at the next primary or general election. | 80 |
(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 building | 94 |
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 chief | 97 |
administrative officer of the township building regulation | 98 |
department and shall administer and enforce the building | 99 |
regulations. In lieu of the creation of the position of township | 100 |
building inspector, the board may assign the duties of the | 101 |
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 |
(1) The division of any parcel of land shown as a unit or
as | 115 |
contiguous units on the last preceding
general tax
rolllist and | 116 |
duplicate of real and public utility property, into two or
more | 117 |
parcels, sites, or lots, any one of which is less than
five acres | 118 |
for the purpose, whether immediate or future, of transfer
of | 119 |
ownership, provided, however, that the following are exempt: | 120 |
(2) The improvement of one or more parcels of land for | 131 |
residential, commercial, or industrial structures or groups of | 132 |
structures involving the division or allocation of land for the | 133 |
opening, widening, or extension of any
public or private street or | 134 |
streets, except
private streets serving industrial structures;,or | 135 |
involving the
division or
allocation of land as open spaces for | 136 |
common use by
owners,
occupants, or
lease holdersleaseholders or | 137 |
as easements
for the extension and
maintenance of public
or | 138 |
private sewer, water, storm
drainage, or other
publicsimilar | 139 |
facilities. | 140 |
Sec. 711.10. (A) Whenever a county planning commission or a | 141 |
regional planning commission adopts a plan for the major streets | 142 |
or highways of the county or region, no plat of a
subdivision of | 143 |
land within the county or region, other than land
within a | 144 |
municipal corporation or land within three miles of a
city or one | 145 |
and one-half miles of a village as provided in
section 711.09 of | 146 |
the Revised Code, shall be recorded until it is
approved by the | 147 |
county or regional planning commission
under division (C) of this | 148 |
section and the
approval is endorsed in writing on the plat. | 149 |
Within | 150 |
(B)A county or regional planning commission may require the | 151 |
submission of a preliminary plan for each plat sought to be | 152 |
recorded. If the
commission requires this submission, it shall | 153 |
provide for a review process
for the preliminary plan. Under this | 154 |
review process, the planning commission
shall give its approval, | 155 |
its approval with conditions, or its disapproval of
each | 156 |
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 the | 159 |
submission of the preliminary plan to
the
commission. The | 160 |
disapproval of a preliminary plan shall state the reasons for
the | 161 |
disapproval. A decision of the commission under this division is | 162 |
preliminary to and separate from the commission's decision to | 163 |
approve,
conditionally approve, or refuse to approve a plat under | 164 |
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
planning | 167 |
commission shall schedule a meeting to consider the plat
and send | 168 |
a notice by regular mail or by electronic mail
to the clerk of the | 169 |
board of
township trustees of the
township in which the plat is | 170 |
located. The notice
shall
inform the trustees of the submission
of | 171 |
the plat and of
the date, time, and location of any meeting at | 172 |
which the county
or regional planning commission will consider or | 173 |
act upon the
plat. The meeting shall take place within
thirty | 174 |
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
the | 177 |
planning commission. | 178 |
The approval of the
county or regional planning commission, | 179 |
the commission's conditional approval as described in this | 180 |
division,
or the refusal
of the commission to approve shall be | 181 |
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 the | 185 |
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
section | 189 |
division.
A | 190 |
A county or regional planning commission
shall not
require | 191 |
may grant conditional approval under this division to a plat by | 192 |
requiring a person submitting the plat to alter the plat or any | 193 |
part of it, within a specified period after the end of the thirty | 194 |
calendar days, as a condition for
final approval, as
long as the | 195 |
plat is in
accordance with the general rules governing
plats and | 196 |
subdivisions of land, adopted by the commission as
provided in | 197 |
this section, in effect at the time the plat is
submitted.
The | 198 |
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
under | 204 |
this division, including
citation of or reference to the rule | 205 |
violated by the plat, shall
be stated upon the record of the | 206 |
county or regional planning commission. Within sixty calendar days | 207 |
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 this | 215 |
sectiondivision. | 216 |
A county or regional planning commission shall adopt
general | 217 |
rules, of uniform application, governing plats and
subdivisions of | 218 |
land falling within its jurisdiction, to secure
and provide for | 219 |
the proper arrangement of streets or other
highways in relation to | 220 |
existing or planned streets or highways
or to the county or | 221 |
regional plan, for adequate and convenient
open spaces for | 222 |
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 or | 225 |
regional planning
commission in specific cases where unusual | 226 |
topographical and
other exceptional conditions require the | 227 |
modification. The
rules may require the county department of | 228 |
health to review and
comment on a plat before the
county or | 229 |
regional planning
commission acts upon it and
also may
also | 230 |
require proof of compliance
with any applicable zoning resolutions | 231 |
as a basis for approval of a
plat. | 232 |
Before adoption of its rules or amendment of its
rules,
the | 233 |
commission shall hold a public
hearing
shall be held on the | 234 |
adoption or amendment
by
the commission. Notice of the public | 235 |
hearing shall be
sent to all townships in the county or region by | 236 |
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 been | 246 |
adopted as provided in this section, the
approval of plats and | 247 |
subdivisions provided for in this section
shall be in lieu of any | 248 |
approvals provided for in other sections
of the Revised Code,
so | 249 |
farinsofar as the territory within the approving
jurisdiction of | 250 |
the county or regional planning commission, as
provided in this | 251 |
section, is concerned. Approval of a plat shall
not be an | 252 |
acceptance by the public of the dedication of any
street, highway, | 253 |
or other way or open space shown upon the plat.
Any | 254 |
A county or regional planning commission and a city or | 261 |
village planning commission, or platting commissioner or | 262 |
legislative authority of a village, with subdivision regulation | 263 |
jurisdiction over unincorporated territory within the county or | 264 |
region may cooperate and agree by written agreement that the | 265 |
approval of a plat by the city or village planning commission, or | 266 |
platting commissioner or legislative authority of a village, as | 267 |
provided in section 711.09 of the Revised Code, shall be | 268 |
conditioned upon receiving advice from or approval by the county | 269 |
or regional planning commission. | 270 |
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 an | 278 |
existing public street, not
involving the opening, widening, or | 279 |
extension of any street or
road, and involving no more than five | 280 |
lots after the original
tract has been completely subdivided, may | 281 |
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 satisfied | 285 |
finds
that
thea
proposed division is not contrary to applicable | 286 |
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, on | 293 |
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 the | 297 |
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 date | 300 |
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 tract | 306 |
exists on the
effective date of the amendment to the rules. The | 307 |
authority shall make the
findings and approve a proposed division | 308 |
in the time and manner specified in
division (A) of this section. | 309 |
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 the | 322 |
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 |
Sec. 713.21. (A) The planning commission of any municipal | 398 |
corporation or group of municipal corporations, any board of | 399 |
township trustees, and the board of county commissioners of any | 400 |
county in which
suchthe municipal corporation or group of | 401 |
municipal
corporations is located or of any adjoining county may | 402 |
co-operatecooperate
in the creation of a regional planning | 403 |
commission, for any region
defined as agreed upon by the planning | 404 |
commissions and boards,
exclusive of any territory within the | 405 |
limits of a municipal
corporation not having a planning | 406 |
commission. After creation of
a regional planning commission, | 407 |
school districts, special
districts, authorities, and any other | 408 |
units of local government
may participate in the regional planning | 409 |
commission, upon
such
terms
as may be agreed upon by the planning | 410 |
commissions and
boards.
The | 411 |
The number of members of
sucha regional planning commission, | 412 |
their method of appointment, and the proportion of the costs of | 413 |
such regional planning to be borne respectively by the various | 414 |
municipal corporations, townships, and counties in the region and | 415 |
by other participating units of local government shall be
such as | 416 |
is determined by a majority of the planning commissions and | 417 |
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.
Such | 425 |
Boards of township trustees, boards
of county commissioners, | 426 |
and
legislative authorities of
such municipal corporations, and | 427 |
the
governing bodies of other participating units of local | 428 |
government, may appropriate their respective shares of
suchthe | 429 |
costs
of regional planning.
TheThose sums
so appropriated shall | 430 |
be paid into the treasury
of the county in which the greater | 431 |
portion of the population of
the region is located, and shall be | 432 |
paid out on the certificate
of the regional planning commission | 433 |
and the warrant of the county
auditor of
suchthat county for the | 434 |
purposes authorized by sections
713.21 to 713.27, inclusive, of | 435 |
the Revised Code.
The | 436 |
(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
planning | 443 |
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
suchthe | 447 |
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 it | 454 |
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
such | 462 |
committees with
suchthe powers
as it finds necessary to carry on | 463 |
its
work, including an executive committee to make
such final | 464 |
determinations, decisions, findings, recommendations, and orders | 465 |
as
theprovided in the commission's rules
of the regional planning | 466 |
commissions provide. All
actions of
suchthese committees shall
be | 467 |
reported in writing to the
members of the
regional planning | 468 |
commission no later than
theits next meeting
of the
regional | 469 |
planning commission or within thirty days from the date
of the | 470 |
action, whichever is earlier. The
regional planning commission
may | 471 |
provide
a procedure to ratify committee actions by a vote of
the | 472 |
members.
The | 473 |
Sec. 713.22. (A) The board of county commissioners of any | 479 |
county may, and on petition of the planning commissions of a | 480 |
majority of the municipal corporations in the county having
those | 481 |
planning commissions shall, provide for the
organization and | 482 |
maintenance of a county planning commission. A county
planning | 483 |
commission shall consist of the members of the board
of county | 484 |
commissioners, or their alternates designated in accordance
with | 485 |
this
division, and eight other members appointed by the board in | 486 |
accordance with
divisions (B)(1) to (4) of this section
or their | 487 |
alternates
designated and approved in accordance with this | 488 |
division.
Any alternate designated under this division
shall be a | 489 |
resident of the county. | 490 |
To designate an alternate for any other member of the | 498 |
planning
commission, the member shall send a letter of appointment | 499 |
to the
clerk of the board of county commissioners designating an | 500 |
individual to serve
as that member's
alternate. At the next | 501 |
regular meeting of the board, the clerk shall inform
the board of | 502 |
the
designation of the alternate, which designation the board may | 503 |
either approve or disapprove. The board shall enter its decision | 504 |
on the board's journal and, if the alternate is approved, | 505 |
designate the name of the alternate on the journal. The clerk of | 506 |
the board shall notify the commission member of the board's | 507 |
action, and the commission member shall inform the alternate. | 508 |
(B)(1) Except as provided for counties with two or less | 518 |
townships
in division (B)(4) of this section, if the population of | 519 |
the
portion
of any city located in the
county exceeds fifty per | 520 |
cent of the total population of the county, the board
of county | 521 |
commissioners shall select three
of the appointive members from | 522 |
persons
nominated by the planning commission of that city.
The | 523 |
board shall appoint
three members
from
the unincorporated | 524 |
territory of the county from persons
recommended by the townships | 525 |
to
the county, except that, if one or more of those
townships in | 526 |
the county is a limited
home
rule government township, then the | 527 |
board shall
appoint at least one of these three township | 528 |
appointees from the persons recommended
by a limited home
rule | 529 |
government township. The remaining two appointees shall be | 530 |
selected
at the discretion of the board and shall be residents
of | 531 |
the
county, one residing in the unincorporated territory of the | 532 |
county
and representing townships and the other residing in the | 533 |
incorporated territory of the county and representing
municipal | 534 |
corporations in the county. | 535 |
(2) Except as provided for counties with two or less | 536 |
townships in
division (B)(4) of this section, if a county does not | 537 |
contain the
portion of any city with at
least fifty per cent of | 538 |
the total population of the county but contains one or
more | 539 |
limited home rule government townships, one of the appointees | 540 |
shall be a
resident of a limited home rule government township in | 541 |
the county, selected at
the discretion of the board of county | 542 |
commissioners from persons recommended
by
a limited home rule | 543 |
government township in the county. One appointee shall be
a | 544 |
resident of the municipal corporation with the largest population | 545 |
contained
within the portion of the municipal corporation located | 546 |
in the county,
selected
at the discretion of the board of county | 547 |
commissioners from persons
recommended
by that municipal | 548 |
corporation. The remaining six appointees shall be
residents
of | 549 |
the county, selected at the discretion of the board of county | 550 |
commissioners. | 551 |
(4) If a county contains two or less townships with | 559 |
unincorporated territory, the board of county commissioners shall | 560 |
appoint eight residents of the county selected at the
discretion | 561 |
of the board, except that, if the population of the portion of any | 562 |
city
located in the county exceeds fifty per cent of the total | 563 |
population of the county, then at least three of the appointive | 564 |
members shall be selected from persons nominated by the planning | 565 |
commission of that city. | 566 |
(C) Subject to division (F) of this section, the
appointive | 567 |
members of a county planning commission shall be appointed
for | 568 |
terms of three years,
except that, of the eight members first | 569 |
appointed, three shall
be
appointed for terms of two years, and | 570 |
two shall be appointed for a
term of one year. The
appointive | 571 |
members
shall serve without paymay be allowed their actual and | 572 |
necessary expenses and the compensation that the board of county | 573 |
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 |
The county planning commission may accept, receive, and | 586 |
expend funds, grants, and services from the federal government or | 587 |
its agencies, from departments, agencies, and instrumentalities
of | 588 |
this state or any adjoining state, from one or more
counties
of | 589 |
this state or any adjoining state, from any municipal
corporation | 590 |
or political subdivision of this or any adjoining
state, including | 591 |
a county, regional, and municipal planning
commission of this or | 592 |
any adjoining state, or from civic sources,
may contract with | 593 |
respect thereto, either separately, jointly,
or cooperatively, and | 594 |
may provide information and reports
as may
be necessary to secure | 595 |
such financial aid. | 596 |
(E) A county planning
commission may adopt a policy under | 597 |
which members of the board of county
commissioners, as members of | 598 |
that commission, or their designated
alternates must abstain from | 599 |
participating and voting on the commission's recommendation, | 600 |
whenever a county planning commission is required by section | 601 |
303.12 of the Revised
Code to recommend the approval
or denial of | 602 |
a proposed amendment or approval of some
modification of an | 603 |
amendment to the county zoning resolution, or is
required by | 604 |
section 303.07 of the
Revised
Code to approve or disapprove, or | 605 |
make suggestions about, a proposed
county zoning
resolution. The | 606 |
policy may require that a quorum of the
commission under those | 607 |
circumstances be determined on the basis of
an eight-member | 608 |
commission instead of an eleven-member
commission. | 609 |
(F) If at any time a change occurs within a county so that | 610 |
the
population of a portion of a city within the county exceeds or | 611 |
no
longer exceeds fifty per cent of the total population of the | 612 |
county or a township becomes a limited home rule government | 613 |
township, thus creating a situation where the membership of a | 614 |
county planning commission should be altered to comply with the | 615 |
membership requirements of division (B) of this section, within | 616 |
thirty days after the effective date of either of those types of | 617 |
change, the
board of county
commissioners, in the board's | 618 |
discretion, may make changes on the commission by resolution so | 619 |
that its
membership
representation complies with
division (B) of | 620 |
this section. If the board does
not adopt a resolution to so | 621 |
change the commission's membership, the board
shall
phase in the | 622 |
necessary changes in the commission's membership by waiting until | 623 |
a member's
term
of office expires and
appointing new members so as | 624 |
to meet the representation requirements
of division (B) of this | 625 |
section as soon as possible without
interfering with any
member's | 626 |
term of office. | 627 |
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 |
(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 |