130th Ohio General Assembly
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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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