| (1) The division of any parcel of land shown as a unit or
as | 18 |
contiguous units on the last preceding
general tax
rolllist and | 19 |
|
duplicate of real and public utility property, into two or
more | 20 |
parcels, sites, or lots, any one of which is less than
fivetwenty | 21 |
|
acres for the purpose, whether immediate or future, of transfer
of | 22 |
|
ownership, provided, however, that the division or partition
of | 23 |
land into parcels of more than
fivetwenty acres not
involving any | 24 |
|
new streets or easements of access, and the sale or exchange of | 25 |
parcels between adjoining lot owners, where
suchthat sale or | 26 |
exchange
does not create additional building sites,
shall be | 27 |
exemptedare
exempt;
or | 28 |
| (2) The improvement of one or more parcels of land for | 29 |
|
residential, commercial, or industrial structures or groups of | 30 |
|
structures involving the division or allocation of land for the | 31 |
|
opening, widening, or extension of any
public or private street or | 32 |
streets, except
private streets serving industrial structures;,or | 33 |
|
involving the
division or
allocation of land as open spaces for | 34 |
common use by
owners,
occupants, or
lease holdersleaseholders or | 35 |
|
as easements
for the extension and
maintenance of public
or | 36 |
private sewer, water, storm
drainage, or other
publicsimilar | 37 |
|
facilities. | 38 |
| Sec. 711.10. (A) Whenever a county planning commission or a | 39 |
|
regional planning commission adopts a plan for the major streets | 40 |
|
or highways of the county or region, no plat of a
subdivision of | 41 |
|
land within the county or region, other than land
within a | 42 |
|
municipal corporation or land within three miles of a
city or one | 43 |
|
and one-half miles of a village as provided in
section 711.09 of | 44 |
|
the Revised Code, shall be recorded until it is
approved by the | 45 |
|
county or regional planning commission
under division (C) of this | 46 |
|
section and the
approval is endorsed in writing on the plat. | 47 |
Within | 48 |
| (B)A county or regional planning commission may require the | 49 |
|
submission of a preliminary plan for each plat sought to be | 50 |
|
recorded. If the
commission requires this submission, it shall | 51 |
|
provide for a review process
for the preliminary plan. Under this | 52 |
|
review process, the planning commission
shall give its approval, | 53 |
|
its approval with conditions, or its disapproval of
each | 54 |
|
preliminary plan. The commission's decision shall be in writing, | 55 |
|
shall
be under the signature of the secretary of the commission, | 56 |
|
and shall be issued
within thirty-five business days after the | 57 |
|
submission of the preliminary plan to
the
commission. The | 58 |
|
disapproval of a preliminary plan shall state the reasons for
the | 59 |
|
disapproval. A decision of the commission under this division is | 60 |
|
preliminary to and separate from the commission's decision to | 61 |
|
approve,
conditionally approve, or refuse to approve a plat under | 62 |
|
division (C)
of this section. | 63 |
| (C) Within five calendar days
after
the submission of a plat | 64 |
| for
approval
under this division, the county or regional
planning | 65 |
|
commission shall schedule a meeting to consider the plat
and send | 66 |
|
a notice by regular mail or by electronic mail
to the clerk of the | 67 |
|
board of
township trustees of the
township in which the plat is | 68 |
|
located. The notice
shall
inform the trustees of the submission
of | 69 |
| the plat and of
the date, time, and location of any meeting at | 70 |
|
which the county
or regional planning commission will consider or | 71 |
|
act upon the
plat. The meeting shall take place within
thirty | 72 |
| calendar days
after submission of the plat, and no
meeting shall | 73 |
| be held
until at
least seven calendar days have passed from
the | 74 |
date the
planning commission sent the notice
was sent by
the | 75 |
planning commission. | 76 |
| The approval of the
county or regional planning commission, | 77 |
|
the commission's conditional approval as described in this | 78 |
|
division,
or the refusal
of the commission to approve shall be | 79 |
|
endorsed on the plat within
thirty
calendar days after
the | 80 |
submission of the plat for approval,under this division or
within | 81 |
| such further time as the applying party may agree to in
writing; | 82 |
| otherwise that plat is deemed approved, and the
certificate of the | 83 |
planning commission as to the date of the
submission of the plat | 84 |
| for approval
under this division and the
failure to take
action on | 85 |
| it within that time shall
be sufficient
in lieu of
the written | 86 |
endorsement or evidence of approval
required by this
section | 87 |
division.
A | 88 |
A county or regional planning commission
shall not
require | 89 |
| may grant conditional approval under this division to a plat by | 90 |
|
requiring a person submitting the plat to alter the plat or any | 91 |
|
part of it, within a specified period after the end of the thirty | 92 |
calendar days, as a condition for
final approval, as
long as the | 93 |
plat is in
accordance with the general rules governing
plats and | 94 |
subdivisions of land, adopted by the commission as
provided in | 95 |
this section, in effect at the time the plat is
submitted.
The | 96 |
| under
this division.
Once all the conditions have
been met within | 97 |
| the specified period, the
commission shall cause
its final | 98 |
| approval under this division to be endorsed
on the plat.
No
plat | 99 |
| shall be recorded until it is endorsed with the
commission's final | 100 |
| or
unconditional approval under this division. | 101 |
| The
ground of refusal of approval of any plat submitted
under | 102 |
|
this division, including
citation of or reference to the rule | 103 |
|
violated by the plat, shall
be stated upon the record of the | 104 |
| county or regional planning commission. Within sixty calendar days | 105 |
|
after
the refusal
under this division, the person submitting any | 106 |
plat
that the
county or
regional planning commission refuses to | 107 |
| approve
under this
division may
file a petition in the court of | 108 |
| common pleas of the
proper county,
and the proceedings on the | 109 |
| petition shall be
governed by
section 711.09
of the Revised Code | 110 |
| as in the case of
the refusal of a planning
authority to approve a | 111 |
| plat. A board of
township trustees is not
entitled to appeal a | 112 |
decision of the
county or regional planning
commission under this | 113 |
sectiondivision. | 114 |
| A county or regional planning commission shall adopt
general | 115 |
|
rules, of uniform application, governing plats and
subdivisions of | 116 |
|
land falling within its jurisdiction, to secure
and provide for | 117 |
|
the proper arrangement of streets or other
highways in relation to | 118 |
|
existing or planned streets or highways
or to the county or | 119 |
|
regional plan, for adequate and convenient
open spaces for | 120 |
|
traffic, utilities, access of
firefighting
apparatus, recreation, | 121 |
|
light, and air, and for the avoidance of
congestion of population. | 122 |
The rules may provide for their
modification by the
county or | 123 |
regional planning
commission in specific cases where unusual | 124 |
|
topographical and
other exceptional conditions require the | 125 |
|
modification. The
rules may require the county department of | 126 |
health to review and
comment on a plat before the
county or | 127 |
regional planning
commission acts upon it and
also may
also | 128 |
|
require proof of compliance
with any applicable zoning resolutions | 129 |
|
as a basis for approval of a
plat. | 130 |
| Before adoption of its rules or amendment of its
rules,
the | 131 |
commission shall hold a public
hearing
shall be held on the | 132 |
adoption or amendment
by
the commission. Notice of the public | 133 |
|
hearing shall be
sent to all townships in the county or region by | 134 |
|
regular mail or electronic
mail at least thirty business days | 135 |
| before the
hearing. No
county or regional planning commission | 136 |
| shall adopt
any rules
requiring actual construction of streets or | 137 |
| other
improvements or
facilities or assurance of that construction | 138 |
| as a
condition
precedent to the approval of a plat of a | 139 |
| subdivision
unless
the requirements have first been adopted by the | 140 |
| board of
county
commissioners after a public hearing.
A copy of | 141 |
| the rules
shall be certified by the planning commission to the | 142 |
| county
recorders
of the appropriate counties. | 143 |
| After a county or regional street
or highway plan has been | 144 |
|
adopted as provided in this section, the
approval of plats and | 145 |
|
subdivisions provided for in this section
shall be in lieu of any | 146 |
approvals provided for in other sections
of the Revised Code,
so | 147 |
farinsofar as the territory within the approving
jurisdiction of | 148 |
|
the county or regional planning commission, as
provided in this | 149 |
|
section, is concerned. Approval of a plat shall
not be an | 150 |
|
acceptance by the public of the dedication of any
street, highway, | 151 |
or other way or open space shown upon the plat.
Any | 152 |
| A county or regional planning commission and a city or | 153 |
|
village planning commission, or platting commissioner or | 154 |
|
legislative authority of a village, with subdivision regulation | 155 |
|
jurisdiction over unincorporated territory within the county or | 156 |
|
region may cooperate and agree by written agreement that the | 157 |
|
approval of a plat by the city or village planning commission, or | 158 |
|
platting commissioner or legislative authority of a village, as | 159 |
|
provided in section 711.09 of the Revised Code, shall be | 160 |
|
conditioned upon receiving advice from or approval by the county | 161 |
|
or regional planning commission. | 162 |
| Sec. 711.131. (A) Notwithstanding
sections
711.001 to 711.13 | 166 |
| of
the Revised Code, a proposed
division of a parcel of land along | 167 |
| an
existing public street, not
involving the opening, widening, or | 168 |
extension of any street or
road, and involving no more than five | 169 |
lots after the original
tract has been completely subdivided, may | 170 |
|
be submitted to the
authority having approving jurisdiction of | 171 |
|
plats under
section 711.05, 711.09, or 711.10 of the Revised
Code | 172 |
for approval without plat. IfUnless the rules adopted
under | 173 |
| section 711.05, 711.09, or 711.10 of the Revised Code are
amended | 174 |
| pursuant to division
(B) of this section, no more than
five lots | 175 |
| may be approved under
this division from an original
tract during | 176 |
| any calendar year. | 177 |
| If
the authority acting
through
a
properly designated | 178 |
representative
is satisfiedfinds
that
thea
proposed division is | 179 |
| not contrary to applicable
platting,
subdividing,
zoning, health, | 180 |
| sanitary,
or access management
regulations or regulations adopted | 181 |
| under division (B)(3) of section 307.37 of the Revised Code | 182 |
| regarding existing surface or subsurface drainage, including, but | 183 |
| not limited to, rules governing household sewage disposal systems, | 184 |
it shall
within seven working
days after submission
approve
the | 185 |
| proposed
division within seven business days after its submission | 186 |
| and, on
presentation of a
conveyance of
the parcel,
shall stamp | 187 |
| the
conveyance
"approved by (planning authority); no
plat | 188 |
| required" and have it
signed by its clerk, secretary, or
other | 189 |
| official as may be
designated by it.
The planning authority
may | 190 |
| require the
submission of a sketch and
other information
that
is | 191 |
pertinent
to its determination
under this sectiondivision. | 192 |
| (B)
For a period of up to one year after the effective date | 193 |
|
of
this amendment, the rules adopted under section 711.05, 711.09, | 194 |
|
or 711.10 of the Revised Code
may be amended once within that | 195 |
|
period to authorize the planning authority
involved to approve | 196 |
|
proposed divisions of parcels of land without plat under
this | 197 |
|
division. If an authority so amends its rules, it may approve no | 198 |
|
more
than five lots from an original tract as that original tract | 199 |
|
exists on the
effective date of the amendment to the rules. The | 200 |
|
authority shall make the
findings and approve a proposed division | 201 |
|
in the time and manner specified in
division (A) of this section, | 202 |
|
but it shall not approve divisions on a
calendar-year basis. | 203 |
| Sec. 713.21. (A) The planning commission of any municipal | 214 |
|
corporation or group of municipal corporations, any board of | 215 |
|
township trustees, and the board of county commissioners of any | 216 |
county in which
suchthe municipal corporation or group of | 217 |
|
municipal
corporations is located or of any adjoining county may | 218 |
co-operatecooperate
in the creation of a regional planning | 219 |
|
commission, for any region
defined as agreed upon by the planning | 220 |
|
commissions and boards,
exclusive of any territory within the | 221 |
|
limits of a municipal
corporation not having a planning | 222 |
|
commission. After creation of
a regional planning commission, | 223 |
|
school districts, special
districts, authorities, and any other | 224 |
|
units of local government
may participate in the regional planning | 225 |
commission, upon
such
terms
as may be agreed upon by the planning | 226 |
commissions and
boards.
The | 227 |
The number of members of
sucha regional planning commission, | 228 |
|
their method of appointment, and the proportion of the costs of | 229 |
such regional planning to be borne respectively by the various | 230 |
|
municipal corporations, townships, and counties in the region and | 231 |
by other participating units of local government shall be
such as | 232 |
is determined by a majority of the planning commissions and | 233 |
|
boards. Costs may include, but are not limited to, compensation | 234 |
| and actual and necessary expenses for appointive members of a | 235 |
| regional planning commission who are not also holding another | 236 |
| public office to which they were elected. Any member of a regional | 237 |
| planning commission may hold
any
other public office and may serve | 238 |
as a member of a city,
village,
and aor county planning | 239 |
| commission, except as otherwise
provided
in the charter of any | 240 |
city or village.
Such | 241 |
| Boards of township trustees, boards
of county commissioners, | 242 |
and
legislative authorities of
such municipal corporations, and | 243 |
|
the
governing bodies of other participating units of local | 244 |
government, may appropriate their respective shares of
suchthe | 245 |
costs
of regional planning.
TheThose sums
so appropriated shall | 246 |
|
be paid into the treasury
of the county in which the greater | 247 |
|
portion of the population of
the region is located, and shall be | 248 |
|
paid out on the certificate
of the regional planning commission | 249 |
and the warrant of the county
auditor of
suchthat county for the | 250 |
purposes authorized by sections
713.21 to 713.27, inclusive, of | 251 |
the Revised Code.
The | 252 |
| (B) The regional
planning commission may accept, receive,
and | 253 |
| expend funds,
grants, and services from the federal government
or | 254 |
its agencies,;
from departments, agencies, and
instrumentalities | 255 |
of this state
or any adjoining state
or; from
one or more counties | 256 |
of this state
or any adjoining state
or; from
any municipal | 257 |
| corporation or
political subdivision of this or any
adjoining | 258 |
| state, including
county, regional, and municipal
planning | 259 |
commissioncommissions of this or
any adjoining state,;
or from | 260 |
civic sources, and. The regional planning commission may
contract | 261 |
with
respect
theretoto those
funds, grants, and
services, either | 262 |
separately, jointly, or
cooperatively,
and
may
provide
suchthe | 263 |
information and reports
as
may be necessary to
secure
such | 264 |
financial aidthose funds, grants,
and services.
Within the | 265 |
amounts
thus agreed upon
and
appropriated or otherwise
received, | 266 |
| the regional planning
commission may employ
necessary
engineers, | 267 |
accountants,
consultants, and
employees
as are
necessary and may | 268 |
rent or lease
such space,
purchase, lease, and
lease with option | 269 |
to purchase
such
equipment, and make
suchother
purchases
as it | 270 |
deemsconsiders necessary to its
use. The
regional planning | 271 |
| commission
may purchase, lease with
option to
purchase, or receive | 272 |
| as a gift
property and buildings
within which
it is housed and | 273 |
| carries out
its responsibilities,
provided that
the rules of the | 274 |
| commission
provide for the
disposition of the
property and | 275 |
buildings
in the
event thatif the
commission is
dissolved or | 276 |
| otherwise terminated. | 277 |
(C) The regional planning commission may establish
such | 278 |
committees with
suchthe powers
as it finds necessary to carry on | 279 |
its
work, including an executive committee to make
such final | 280 |
|
determinations, decisions, findings, recommendations, and orders | 281 |
as
theprovided in the commission's rules
of the regional planning | 282 |
commissions provide. All
actions of
suchthese committees shall
be | 283 |
| reported in writing to the
members of the
regional planning | 284 |
commission no later than
theits next meeting
of the
regional | 285 |
planning commission or within thirty days from the date
of the | 286 |
|
action, whichever is earlier. The
regional planning commission
may | 287 |
| provide
a procedure to ratify committee actions by a vote of
the | 288 |
members.
The | 289 |
| Sec. 713.22. (A) The board of county commissioners of any | 295 |
|
county may, and on petition of the planning commissions of a | 296 |
|
majority of the municipal corporations in the county having
those | 297 |
|
planning commissions shall, provide for the
organization and | 298 |
|
maintenance of a county planning commission. A county
planning | 299 |
|
commission shall consist of the members of the board
of county | 300 |
|
commissioners, or their alternates designated in accordance
with | 301 |
|
this
division, and eight other members appointed by the board in | 302 |
|
accordance with
divisions (B)(1) to (4) of this section
or their | 303 |
|
alternates
designated and approved in accordance with this | 304 |
|
division.
Any alternate designated under this division
shall be a | 305 |
|
resident of the county. | 306 |
| To designate an alternate for any other member of the | 314 |
|
planning
commission, the member shall send a letter of appointment | 315 |
|
to the
clerk of the board of county commissioners designating an | 316 |
|
individual to serve
as that member's
alternate. At the next | 317 |
|
regular meeting of the board, the clerk shall inform
the board of | 318 |
|
the
designation of the alternate, which designation the board may | 319 |
|
either approve or disapprove. The board shall enter its decision | 320 |
|
on the board's journal and, if the alternate is approved, | 321 |
|
designate the name of the alternate on the journal. The clerk of | 322 |
|
the board shall notify the commission member of the board's | 323 |
|
action, and the commission member shall inform the alternate. | 324 |
| (B)(1) Except as provided for counties with two or less | 334 |
|
townships
in division (B)(4) of this section, if the population of | 335 |
|
the
portion
of any city located in the
county exceeds fifty per | 336 |
|
cent of the total population of the county, the board
of county | 337 |
|
commissioners shall select three
of the appointive members from | 338 |
|
persons
nominated by the planning commission of that city.
The | 339 |
|
board shall appoint
three members
from
the unincorporated | 340 |
|
territory of the county from persons
recommended by the townships | 341 |
|
to
the county, except that, if one or more of those
townships in | 342 |
|
the county is a limited
home
rule government township, then the | 343 |
|
board shall
appoint at least one of these three township | 344 |
|
appointees from the persons recommended
by a limited home
rule | 345 |
|
government township. The remaining two appointees shall be | 346 |
|
selected
at the discretion of the board and shall be residents
of | 347 |
|
the
county, one residing in the unincorporated territory of the | 348 |
|
county
and representing townships and the other residing in the | 349 |
|
incorporated territory of the county and representing
municipal | 350 |
|
corporations in the county. | 351 |
| (2) Except as provided for counties with two or less | 352 |
|
townships in
division (B)(4) of this section, if a county does not | 353 |
|
contain the
portion of any city with at
least fifty per cent of | 354 |
|
the total population of the county but contains one or
more | 355 |
|
limited home rule government townships, one of the appointees | 356 |
|
shall be a
resident of a limited home rule government township in | 357 |
|
the county, selected at
the discretion of the board of county | 358 |
|
commissioners from persons recommended
by
a limited home rule | 359 |
|
government township in the county. One appointee shall be
a | 360 |
|
resident of the municipal corporation with the largest population | 361 |
|
contained
within the portion of the municipal corporation located | 362 |
|
in the county,
selected
at the discretion of the board of county | 363 |
|
commissioners from persons
recommended
by that municipal | 364 |
|
corporation. The remaining six appointees shall be
residents
of | 365 |
|
the county, selected at the discretion of the board of county | 366 |
|
commissioners. | 367 |
| (4) If a county contains two or less townships with | 375 |
|
unincorporated territory, the board of county commissioners shall | 376 |
|
appoint eight residents of the county selected at the
discretion | 377 |
|
of the board, except that, if the population of the portion of any | 378 |
|
city
located in the county exceeds fifty per cent of the total | 379 |
|
population of the county, then at least three of the appointive | 380 |
|
members shall be selected from persons nominated by the planning | 381 |
|
commission of that city. | 382 |
| (C) Subject to division (F) of this section, the
appointive | 383 |
|
members of a county planning commission shall be appointed
for | 384 |
|
terms of three years,
except that, of the eight members first | 385 |
|
appointed, three shall
be
appointed for terms of two years, and | 386 |
|
two shall be appointed for a
term of one year. The
appointive | 387 |
members
shall serve without paymay be allowed their actual and | 388 |
|
necessary expenses and the compensation that the board of county | 389 |
|
commissioners determines to be appropriate. Any
member of a
county | 390 |
| planning commission may hold any other public
office and
may serve | 391 |
| as a member of a city, village, and regional
planning
commission, | 392 |
| except as otherwise provided in the charter
of any
city or | 393 |
| village. | 394 |
| The county planning commission may accept, receive, and | 402 |
|
expend funds, grants, and services from the federal government or | 403 |
|
its agencies, from departments, agencies, and instrumentalities
of | 404 |
|
this state or any adjoining state, from one or more
counties
of | 405 |
|
this state or any adjoining state, from any municipal
corporation | 406 |
|
or political subdivision of this or any adjoining
state, including | 407 |
|
a county, regional, and municipal planning
commission of this or | 408 |
|
any adjoining state, or from civic sources,
may contract with | 409 |
|
respect thereto, either separately, jointly,
or cooperatively, and | 410 |
|
may provide information and reports
as may
be necessary to secure | 411 |
|
such financial aid. | 412 |
| (E) A county planning
commission may adopt a policy under | 413 |
|
which members of the board of county
commissioners, as members of | 414 |
|
that commission, or their designated
alternates must abstain from | 415 |
|
participating and voting on the commission's recommendation, | 416 |
|
whenever a county planning commission is required by section | 417 |
|
303.12 of the Revised
Code to recommend the approval
or denial of | 418 |
|
a proposed amendment or approval of some
modification of an | 419 |
|
amendment to the county zoning resolution, or is
required by | 420 |
|
section 303.07 of the
Revised
Code to approve or disapprove, or | 421 |
|
make suggestions about, a proposed
county zoning
resolution. The | 422 |
|
policy may require that a quorum of the
commission under those | 423 |
|
circumstances be determined on the basis of
an eight-member | 424 |
|
commission instead of an eleven-member
commission. | 425 |
| (F) If at any time a change occurs within a county so that | 426 |
|
the
population of a portion of a city within the county exceeds or | 427 |
|
no
longer exceeds fifty per cent of the total population of the | 428 |
|
county or a township becomes a limited home rule government | 429 |
|
township, thus creating a situation where the membership of a | 430 |
|
county planning commission should be altered to comply with the | 431 |
|
membership requirements of division (B) of this section, within | 432 |
|
thirty days after the effective date of either of those types of | 433 |
|
change, the
board of county
commissioners, in the board's | 434 |
|
discretion, may make changes on the commission by resolution so | 435 |
|
that its
membership
representation complies with
division (B) of | 436 |
|
this section. If the board does
not adopt a resolution to so | 437 |
|
change the commission's membership, the board
shall
phase in the | 438 |
|
necessary changes in the commission's membership by waiting until | 439 |
|
a member's
term
of office expires and
appointing new members so as | 440 |
|
to meet the representation requirements
of division (B) of this | 441 |
|
section as soon as possible without
interfering with any
member's | 442 |
|
term of office. | 443 |