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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 544 |
REPRESENTATIVE PETERSON
A BILL
To amend sections 711.10, 713.22, and 5555.46 of the Revised Code to authorize
a regional or county planning commission to send certain notices by electronic
mail as well as regular mail, to require a regional or county planning
commission to send notice to all townships at least thirty days before a
public hearing on the adoption or amendment of its rules, to make changes to
the composition of county planning commissions, and to extend the period of
time over which property owners may pay special assessments for county road
improvements and the maturity of related bonds from ten to twenty years.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 711.10, 713.22, and 5555.46 of the Revised Code be
amended to read as follows:
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
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 regular mail OR BY ELECTRONIC MAIL
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
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 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 on it within 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 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 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
FIREFIGHTING
apparatus, recreation, light, and air, and for the avoidance of
congestion of population. The rules may provide for their
modification by the county or regional planning
commission in specific cases where unusual topographical and
other exceptional conditions require 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 zoning resolutions as a basis for approval of a
plat.
Before adoption of its rules or amendment of its
rules, a public
hearing shall be held on the adoption or amendment by
the commission. However, no NOTICE OF THE PUBLIC HEARING SHALL BE
SENT TO ALL TOWNSHIPS IN THE COUNTY OR REGION BY REGULAR MAIL OR ELECTRONIC
MAIL AT LEAST THIRTY DAYS BEFORE THE HEARING. NO
county or regional planning commission shall adopt any rules
requiring actual construction of streets or other improvements or
facilities or assurance of that construction as a condition
precedent to the approval of a plat of a subdivision unless
the requirements have first been adopted by the board of county
commissioners after a public hearing.
A copy of 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.
Sec. 713.22. (A)(1) The board of county commissioners of any
county may, and on petition of the planning commissions of a
majority of the municipal corporations in the county having such
THOSE
planning commissions shall, provide for the
organization and
maintenance of a county planning commission. Except as
provided in division (B) of this section, a A county
planning commission shall consist of eight
members appointed by the board of county commissioners, together
with the members of the board
of county commissioners.
If AND EIGHT OTHER MEMBERS APPOINTED BY THE BOARD IN ACCORDANCE WITH
DIVISIONS (A)(2) TO (4) OF THIS SECTION.
(2) IF the population of the portion of any city located in the
county exceeds fifty per
cent of the total population of the county, then at least THE BOARD
OF COUNTY COMMISSIONERS SHALL SELECT three
of the appointive members shall be selected from persons
nominated by the planning commission of that city.
Otherwise, three members shall be appointed from municipal
corporations within the county. The IF THE COUNTY ALSO CONTAINS THREE
OR MORE TOWNSHIPS WITH UNINCORPORATED TERRITORY, THE board shall appoint
three members
from
the unincorporated
area TERRITORY of the county from persons nominated
RECOMMENDED by the townships to
the county. If, EXCEPT THAT, IF ONE OR MORE OF THOSE
TOWNSHIPS IN the county contains one or more IS A limited
home
rule government townships TOWNSHIP, then THE BOARD SHALL
APPOINT at least one of these three township
appointees shall be from the nominees of PERSONS RECOMMENDED
BY a limited home
rule government township. The remaining two appointees shall be selected
at the discretion of the board and shall be citizens RESIDENTS
of the
county, one residing in the unincorporated area TERRITORY of the
county
and representing townships and the other residing in the
incorporated area TERRITORY of the county and representing
municipal
corporations in the county.
(B) If a IF THE POPULATION OF THE PORTION OF ANY CITY LOCATED IN
THE COUNTY EXCEEDS FIFTY PER CENT OF THE TOTAL POPULATION OF THE COUNTY AND
THE county contains two or less townships with
unincorporated territory, a county planning commission shall consist of
eight
citizens of the county
appointed by the board of county commissioners, together with the
members of
the board of county
commissioners, except that if the population of the portion of any
city located in the county exceeds fifty per cent of the total
population of the county, then at least SHALL SELECT three of the
appointive
members shall be selected from persons nominated by the planning
commission of that city. Otherwise, THE REMAINING FIVE
appointees shall be selected
at the discretion of the board and shall be citizens RESIDENTS
of the
county, EXCEPT THAT, IF ONE OR BOTH OF THE TOWNSHIPS IN THE COUNTY
IS A LIMITED HOME RULE GOVERNMENT TOWNSHIP, ONE APPOINTEE SHALL BE A PERSON
RECOMMENDED BY ONE OF THE LIMITED HOME RULE GOVERNMENT TOWNSHIPS.
(3) IF A COUNTY DOES NOT CONTAIN THE PORTION OF ANY CITY WITH AT
LEAST FIFTY PER CENT OF THE TOTAL POPULATION OF THE COUNTY BUT CONTAINS ONE OR
MORE LIMITED HOME RULE GOVERNMENT TOWNSHIPS, ONE OF THE APPOINTEES SHALL BE A
RESIDENT OF A LIMITED HOME RULE GOVERNMENT TOWNSHIP IN THE COUNTY, SELECTED AT
THE DISCRETION OF THE BOARD OF COUNTY COMMISSIONERS FROM PERSONS RECOMMENDED BY
A LIMITED HOME RULE GOVERNMENT TOWNSHIP IN THE COUNTY. ONE APPOINTEE SHALL BE
A RESIDENT OF THE MUNICIPAL CORPORATION WITH THE LARGEST POPULATION CONTAINED
WITHIN THE PORTION OF THE MUNICIPAL CORPORATION LOCATED IN THE COUNTY, SELECTED
AT THE DISCRETION OF THE BOARD OF COUNTY COMMISSIONERS FROM PERSONS RECOMMENDED
BY THAT MUNICIPAL CORPORATION. THE REMAINING SIX APPOINTEES SHALL BE
RESIDENTS
OF THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY
COMMISSIONERS.
(4) IF A COUNTY DOES NOT CONTAIN THE PORTION OF ANY CITY WITH AT LEAST
FIFTY PER CENT OF THE TOTAL POPULATION OF THE COUNTY AND DOES NOT CONTAIN A
LIMITED HOME RULE GOVERNMENT TOWNSHIP, A COUNTY PLANNING COMMISSION SHALL
CONSIST OF THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS AND EIGHT
RESIDENTS OF THE COUNTY SELECTED AT THE DISCRETION OF THE BOARD.
(C) The
appointive members of a county planning commission shall be appointed
for terms of three years,
except that, of the eight members first appointed, three shall
be
appointed for terms of two years, and two shall be appointed for a
term of one year. The members shall serve without pay. Any
member of a county planning commission may hold any other public
office and may serve as a member of a city, village, and regional
planning commission, except as otherwise provided in the charter
of any city or village.
(D) The expenses of the appointive members of a county
planning commission and the compensation of planning commission
employees shall be paid from appropriations made by the
board.
The county planning commission may employ engineers,
accountants, consultants, and employees as are necessary, and
make such purchases as may be needed to the furtherance of its
operation.
The county planning commission may accept, receive, and
expend funds, grants, and services from the federal government or
its agencies, from departments, agencies, and instrumentalities
of this state or any adjoining state or, from one or more
counties
of this state or any adjoining state or, from any municipal
corporation or political subdivision of this or any adjoining
state, including A county, regional, and municipal planning
commission of this or any adjoining state, or from civic sources,
and MAY contract with respect thereto, either separately
or, jointly,
or cooperatively, and MAY provide such information and reports
as may
be necessary to secure such financial aid.
(E) A county planning
commission may adopt a policy under which members of the board of county
commissioners, as members of that commission, must abstain from
participating and voting on the commission's recommendation,
whenever a county planning commission is required by section
303.12 of the Revised
Code to recommend the approval
or denial of a proposed amendment or approval of some
modification of an amendment to the county zoning resolution, or IS
required by section 303.07 of the
Revised
Code to approve or disapprove, or make suggestions about, a proposed
county zoning
resolution. The policy may require that a quorum of the
commission under those circumstances be determined on the basis of
an eight-member commission instead of an eleven-member
commission.
Sec. 5555.46. All assessments, with interest accrued
thereon ON THEM, made under sections 5555.01 to 5555.72,
inclusive, of
the Revised Code, shall be placed by the county auditor upon a
special duplicate to be collected as other taxes, and the
principal shall be payable in not more than twenty FORTY
semiannual
installments extending over a period of not more than ten TWENTY
years,
as determined by the board of county commissioners. If any
assessment is twenty-five dollars or less, or if the unpaid
balance of any such assessment is twenty-five dollars or less, it
shall be paid in full, and not in installments, at the time the
first or next installment would otherwise become due and payable.
In the event that
IF bonds are issued to pay the compensation,
damages, and expenses incident to the improvement, the principal
sum of such THE assessments shall be payable in such
THE number of equal
semiannual installments as THAT will provide a fund for the
redemption
of the bonds so issued. Such THE assessments
shall
bear interest
from the date of THE ISSUANCE OF THE BONDS and at the same rate as the
bonds, and the
interest shall be collected in like THE SAME manner as the
principal of
such THE assessments.
Section 2. That existing sections 711.10, 713.22, and 5555.46 of
the Revised Code are hereby repealed.
Section 3. Notwithstanding anything to the contrary in section
713.22 of the Revised Code, the change in the composition of a
county planning commission required under that section as amended
by this act shall be implemented so that any member serving on the
board on the effective date of this act serves out the member's
term of office, even if the membership would not then meet the
representation requirements in section 713.22 of the Revised Code.
As new members are appointed to the commission, the new members
shall be appointed so as to meet the representation requirements
in section 713.22 of the Revised Code as soon as possible without
interfering with any member's term of office.
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