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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 22 |
REPRESENTATIVES WISE-OPFER-GRENDELL-THOMPSON-SCHULER-CATES-FOX-
TERWILLEGER-GARCIA-MOTTLEY-KASPUTIS-O'BRIEN-CLANCY-WILLIAMS-OGG
A BILL
To amend sections 711.05, 711.09, and 711.10 of the Revised Code to eliminate
the
requirement that
subdivision plats in certain unincorporated territory be
approved by a city
planning commission or by a village planning
commission, platting
commissioner, or legislative authority before being recorded and to require
plat approval
instead by a county or regional planning
commission, and to permit platting rules to require proof of compliance with
any applicable zoning
resolutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 711.05, 711.09, and 711.10 of the Revised Code be
amended to
read as
follows:
Sec. 711.05. Upon the submission of a plat for approval,
in accordance with section 711.041 of the Revised Code, the board
of county commissioners shall certify thereon the date of the
submission. Within five days of submission of the plat, the
board shall schedule a meeting to consider the plat and send a
written notice by certified mail, return receipt requested, to
the clerk of the board of township trustees of the township in
which the plat is located. The notice shall inform the trustees
of the submission of the plat and of the date, time, and location
of any meeting at which the board of county commissioners will
consider or act upon the proposed plat. The meeting shall take
place within thirty days of submission of the plat, and no
meeting shall be held until at least seven days have passed from
the date the notice was sent by the board of county
commissioners. The approval of the board required by section
711.041 of the Revised Code or the refusal to approve shall take
place within thirty days from the date of submission or such
further time as the applying party may agree to in writing;
otherwise the plat is deemed approved and may be recorded as if
bearing such approval. The board may adopt general rules
governing plats and subdivisions of land falling within its
jurisdiction, to secure and provide for the coordination of the
streets within the subdivision with existing streets and roads or
with existing county highways, for the proper amount of open
spaces for traffic, circulation, and utilities, and for the
avoidance of future congestion of population detrimental to the
public health, safety, or welfare but shall not impose a greater
minimum lot area than forty-eight hundred square feet. The rules
may require the county department of health to review and comment
on a plat before the board of county commissioners acts upon it
and may also require proof of compliance with ANY applicable
township
zoning resolutions regarding lot size, frontage, and width as a
basis for approval of a plat. Where under the provisions of
section 711.101 of the Revised Code the board of county
commissioners has set up standards and specifications for the
construction of streets, utilities, and other improvements for
common use, such general rules may require the submission of
appropriate plans and specifications for approval. The board
shall not require the person submitting the plat to alter the
plat or any part of it as a condition for approval, as long as
the plat is in accordance with general rules governing plats and
subdivisions of land, adopted by the board as provided in this
section, in effect at the time the plat was submitted and the
plat is in accordance with any standards and specifications set
up under section 711.101 of the Revised Code, in effect at the
time the plat was submitted. The ground of refusal to approve
any plat, submitted in accordance with section 711.041 of the
Revised Code, shall be stated upon the record of the board and,
within sixty days thereafter, the person submitting any plat
which the board refuses to approve may file a petition in the
court of common pleas of the county in which the land described
in the plat is situated to review the action of such board. A
board of township trustees is not entitled to appeal a decision
of the board of county commissioners under this section.
Sec. 711.09. Whenever (A)(1) EXCEPT AS OTHERWISE PROVIDED
IN
DIVISION (A)(2) OF THIS SECTION, WHEN a city planning commission
adopts a
plan for the major streets or thoroughfares and for the parks and
other open public grounds of a city or any part thereof OF IT,
or for
the unincorporated territory within three miles of the corporate
limits thereof OF A CITY or any part thereof OF
IT, then no plat of a subdivision
of land within such THAT city or territory shall be recorded
until it
has been approved by the city planning commission and such THAT
approval endorsed in writing on the plat. If such THE land lies
within three miles of more than one city, then DIVISION (A)(1)
OF this section shall
apply APPLIES to the approval of the planning commission
of the city
whose boundary is nearest to the land.
Whenever (2) DIVISION (A)(1) OF THIS SECTION DOES
NOT APPLY TO ANY
UNINCORPORATED TERRITORY WHEN ALL OF THE FOLLOWING CONDITIONS ARE MET:
(a) THE TOWNSHIP IN WHICH THE TERRITORY IS LOCATED HAS A ZONING
RESOLUTION
COVERING ALL THE UNINCORPORATED TERRITORY IN THE TOWNSHIP.
(b) THE COUNTY IN WHICH THE TERRITORY IS LOCATED HAS A COUNTY OR
REGIONAL
PLANNING COMMISSION.
(c) SUBDIVISION REGULATIONS OTHER THAN MUNICIPAL SUBDIVISION
REGULATIONS
ARE IN EFFECT IN THE COUNTY IN WHICH THE UNINCORPORATED TERRITORY IS LOCATED.
WHEN ALL OF THESE CONDITIONS ARE MET, NO PLAT OF A SUBDIVISION OF LAND IN
THAT UNINCORPORATED TERRITORY SHALL BE RECORDED UNTIL IT HAS BEEN APPROVED BY
THE COUNTY OR REGIONAL PLANNING COMMISSION AS PROVIDED IN SECTION 711.10 of the Revised Code.
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN
DIVISION (B)(2) OF THIS SECTION, WHEN a village planning
commission,
A platting
commissioner, or, if there is no commission or commissioner, the
legislative authority of a village, adopts a plan for the major
streets or thoroughfares and for the parks and other public
grounds of such A village or any part thereof OF
IT, then no plat of a
subdivision of land within such THAT village shall be recorded
until
it has been approved by the village commission, commissioner, or
legislative authority and such THAT approval endorsed in writing
on
the plat. Whenever IF the county in which the village lies
contains
no cities, has no county subdivision regulations in effect, and
the village commission, commissioner, or legislative authority
adopts a plan for the major streets or thoroughfares and for the
parks and other public grounds for the unincorporated territory
within one and one-half miles of the corporate limits of the
village or any part thereof OF IT, then no plat of a subdivision
of
land shall be recorded until it has been approved by the village
commission, commissioner, or legislative authority and such THAT
approval is endorsed in writing on the plat. If such THE land
lies
within one and one-half miles of more than one village, then DIVISION
(B)(1) OF this
section shall apply APPLIES to the approval of the
commission,
commissioner, or legislative authority of the village whose
boundary is nearest to the land.
(2) DIVISION (B)(1) OF THIS SECTION DOES NOT
APPLY TO ANY UNINCORPORATED TERRITORY WHEN BOTH OF THE FOLLOWING CONDITIONS
ARE
MET:
(a) THE TOWNSHIP IN WHICH THE TERRITORY IS LOCATED HAS A ZONING
RESOLUTION COVERING ALL THE UNINCORPORATED TERRITORY IN THE TOWNSHIP.
(b) THE COUNTY IN WHICH THE TERRITORY IS LOCATED HAS A COUNTY OR
REGIONAL
PLANNING COMMISSION.
WHEN BOTH OF THESE CONDITIONS ARE MET, NO PLAT OF A SUBDIVISION OF LAND
IN THAT UNINCORPORATED TERRITORY SHALL BE RECORDED UNTIL IT HAS BEEN APPROVED
BY THE COUNTY OR REGIONAL PLANNING COMMISSION AS PROVIDED IN SECTION 711.10 OF
THE REVISED
CODE.
(C) The approval of the planning commission, THE platting
commissioner, or the legislative authority of a village, required
by this section, or the refusal to approve, shall be endorsed on
the plat within thirty days after the submission of the plat for
approval or within such further time as the applying party may
agree to; otherwise such THAT plat is deemed approved, and the
certificate of the planning commission, THE platting commissioner, or
the clerk of such THE legislative authority, as to the date of
the
submission of the plat for approval and the failure to take
action thereon ON IT within such THAT time, shall
be issued on demand and
shall be sufficient in lieu of the written endorsement or other
evidence of approval required by this section. The planning
commission, platting commissioner, or legislative authority of a
village shall not require a person submitting a plat to alter the
plat or any part of it as a condition for approval, as long as
the plat is in accordance with the general rules governing plats
and subdivisions of land, adopted as provided in this section, in
effect at the time the plat was submitted. The ground of refusal
or approval of any plat submitted, including citation of or
reference to the rule violated by the plat, shall be stated upon
the record of the commission, commissioner, or legislative
authority. Within sixty days after such refusal, the person
submitting any plat which THAT the commission, commissioner, or
legislative authority refuses to approve may file a petition in
the court of common pleas of the proper county, in which he THE
PERSON shall
be named plaintiff. The petition shall contain a copy of the
plat sought to be recorded, a statement of the facts justifying
the propriety and reasonableness of the proposed subdivision, and
a prayer for an order directed to the recorder to record such
THE
plat and may include a statement of facts to support a claim that
the rules of the planning authority under which it refused to
approve such THE plat are unreasonable or unlawful. The
planning
authority refusing to approve such THE plat and the recorder of
the
county shall be joined as defendants and summons shall be issued
upon such THOSE defendants as in civil actions. Within the rule
day
provided for a civil action, the planning authority may file an
answer in which it may set forth a statement of the facts
justifying its refusal to approve such a THE plat, a copy of its
rule
under which it refused to approve such THE plat, and a statement
of
the facts supporting the reasonableness and lawfulness of such
THAT
rule. The court shall hear the matter upon such evidence as is
introduced by either party and the planning authority may
introduce as a part of its case a complete transcript of any
proceedings had before it. Any detail of the plat may be
modified upon motion of the plaintiff before the cause is
submitted to the court. If the court finds that the prayer for
the recording of such THE plat or any modification
thereof OF IT as may be
agreed to or proposed by the plaintiff, is supported by a
preponderance of the evidence, it shall enter an order directed
to the recorder to record such THE plat as originally submitted
or as
agreed to be modified. Otherwise, the petition shall be
dismissed. The court shall return a separate finding upon the
reasonableness and lawfulness of the refusal to approve the plat
or upon the reasonableness and lawfulness of the rule under which
the planning authority refused to approve the same PLAT or both,
as
the case may require. The judgment or order of the court may be
appealed by either party on questions of law as in other civil
cases.
The planning commission, platting commissioner, or
legislative authority of a village may adopt general rules
governing plats and subdivisions of land falling within its
jurisdiction in order to secure and provide for the coordination
of the streets within the subdivision with existing streets and
roads or with the plan or plats of the municipal corporation, for
the proper amount of open spaces for traffic, circulation, and
utilities, and for the avoidance of future congestion of
population detrimental to the public health or safety but shall
not impose a greater minimum lot area than forty-eight hundred
square feet. Such THE rules may provide for the
THEIR modification thereof
by such THE planning commission in specific cases where unusual
topographical or other exceptional conditions require such THE
modification. The rules may require the county department of
health to review and comment on a plat before the planning
commission, platting commissioner, or legislative authority of a
village acts upon it and may also require proof of compliance
with ANY applicable township zoning resolutions regarding lot
size,
frontage, and width as a basis for approval of a plat.
However, no city or village planning commission shall adopt
any rules requiring actual construction of streets or other
improvements or facilities or assurance of such THAT
construction as a
condition precedent to the approval of a plat of a subdivision
unless such THE requirements have first been adopted by the
legislative authority of the city or village after a public
hearing. Such THE rules shall be promulgated and published as
provided by sections 731.17 to 731.42 of the Revised Code, and
before adoption a public hearing shall be held thereon ON THE
ADOPTION and a copy
thereof OF THE RULES shall be certified by the commission,
commissioner, or
such legislative authority to the county recorder of the county
in which the municipal corporation is located.
In the exercise of any power over or concerning the
platting and subdivision of land or the recording of plats of
subdivisions by a city, county, regional, or other planning
commission pursuant to any other section of the Revised Code, the
provisions of this section with respect to appeals from a
decision of a planning commission apply to the decision of any
such commission in the exercise of any such power OF THAT KIND
granted by any
other section of the Revised Code in addition to any other remedy
of appeal granted therein BY THE REVISED CODE.
When a plan has been adopted as
provided in this section, the approval of plats shall be in lieu
of the approvals provided for by any other section of the Revised
Code, so far as territory within the approving jurisdiction of
the commission, commissioner, or such legislative authority, as
provided in this section, is concerned. Approval of a plat shall
not be an acceptance by the public of the dedication of any
street, highway, or other way or open space shown upon the plat.
(D) This section does not apply to unincorporated territory in
any county having five or more cities and having a regional
planning commission or county planning commission not included
within the geographic boundaries of a regional planning
commission, where such THE regional or county planning
commission has
determined, by resolution, to exercise the authority granted
under section 711.10 of the Revised Code for the unincorporated
territory within three miles of cities within such a THAT
county.
Sec. 711.10. Whenever a county planning commission or a
regional planning commission adopts a plan for the major streets
or highways of the county or region, then no plat of a
subdivision of land within the county or region, other than land
within a municipal corporation or land within three miles of a
city or one and one-half miles of a village as provided in
section 711.09 of the Revised Code, shall be recorded until it is
approved by the county or regional planning commission and the
approval is endorsed in writing on the plat. Within five days of
AFTER
the submission of a plat for approval, the county or regional
planning commission shall schedule a meeting to consider the plat
and send a written notice by certified mail, return receipt
requested, to the clerk of the board of township trustees of the
township in which a proposed plat is located. The notice shall
inform the trustees of the submission of the proposed plat and of
the date, time, and location of any meeting at which the county
or regional planning commission will consider or act upon the
proposed plat. The meeting shall take place within thirty days
of AFTER submission of the plat, and no meeting shall be held
until at
least seven days have passed from the date the notice was sent by
the planning commission. The approval of the planning commission
or the refusal to approve shall be endorsed on the plat within
thirty days after the submission of the plat for approval, or
within such further time as the applying party may agree to in
writing; otherwise such THAT plat is deemed approved, and the
certificate of the planning commission as to the date of the
submission of the plat for approval and the failure to take
action thereon ON IT within such THAT time shall
be sufficient in lieu of
the written endorsement or evidence of approval required by this
section. A county or regional planning commission shall not
require a person submitting the plat to alter the plat or any
part of it as a condition for approval, as long as the plat is in
accordance with the general rules governing plats and
subdivisions of land, adopted by the commission as provided in
this section, in effect at the time the plat was submitted. The
ground of refusal of approval of any plat submitted, including
citation of or reference to the rule violated by the plat, shall
be stated upon the record of the commission. Within sixty days
after such THE refusal, the person submitting any plat
which the
county or regional planning commission refuses to approve may
file a petition in the court of common pleas of the proper county
and the proceedings thereon ON THE PETITION shall be governed by
section 711.09
of the Revised Code as in the case of the refusal of a planning
authority to approve a plat. A board of township trustees is not
entitled to appeal a decision of the county or regional planning
commission under this section.
Any such county or regional planning commission shall adopt
general rules, of uniform application, governing plats and
subdivisions of land falling within its jurisdiction, to secure
and provide for the proper arrangement of streets or other
highways in relation to existing or planned streets or highways
or to the county or regional plan, for adequate and convenient
open spaces for traffic, utilities, access of fire fighting
apparatus, recreation, light, AND air, and for the avoidance of
congestion of population. The rules may provide for the THEIR
modification thereof by the county or regional planning
commission in specific cases where unusual topographical and
other exceptional conditions require such THE modification. The
rules may require the county department of health to review and
comment on a plat before the county or regional planning
commission acts upon it and may also require proof of compliance
with ANY applicable township zoning resolutions regarding lot
size,
frontage, and width as a basis for approval of a plat.
Before adoption of its rules or amendment thereof OF ITS
RULES, a public
hearing shall be held thereon ON THE ADOPTION OR AMENDMENT by
the commission. However, no
county or regional planning commission shall adopt any rules
requiring actual construction of streets or other improvements or
facilities or assurance of such THAT construction as a condition
precedent to the approval of a plat of a subdivision unless such
THE
requirements have first been adopted by the board of county
commissioners after a public hearing. A copy of such THE rules
shall
be certified by the planning commission to the county recorders
of the appropriate counties. After a county or regional street
or highway plan has been adopted as provided in this section, the
approval of plats and subdivisions provided for in this section
shall be in lieu of any approvals provided for in other sections
of the Revised Code, so far as the territory within the approving
jurisdiction of the county or regional planning commission, as
provided in this section, is concerned. Approval of a plat shall
not be an acceptance by the public of the dedication of any
street, highway, or other way or open space shown upon the plat.
Any such county or regional planning commission and a city or
village planning commission, or platting commissioner or
legislative authority of a village, with subdivision regulation
jurisdiction over unincorporated territory within the county or
region may cooperate and agree by written agreement that the
approval of a plat by the city or village planning commission, or
platting commissioner or legislative authority of a village, as
provided in section 711.09 of the Revised Code, shall be
conditioned upon receiving advice from or approval by the county
or regional planning commission.
Section 2. That existing sections 711.05, 711.09, and 711.10 of the Revised
Code are
hereby
repealed.
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