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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 544 |
REPRESENTATIVES PETERSON-SCHULER-CALVERT-GRENDELL-TERWILLEGER-
TIBERI-TAYLOR-BUEHRER-ROBINSON-HARTNETT-YOUNG-HARRIS-
WINKLER-O'BRIEN-CLANCY-KREBS-WIDENER-TRAKAS-OLMAN-HOOPS-
AMSTUTZ-STEVENS
A BILL
To amend sections 504.11, 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, 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,
to state that the procedures
for adopting resolutions in the Township Limited Home Rule Government Law
apply only to resolutions adopted pursuant to that Law,
to temporarily permit
the transfer of surplus moneys in a township artificial lighting
fund to another township fund,
and
to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 504.11, 711.10, 713.22, and 5555.46 of the Revised
Code be
amended to read as follows:
Sec. 504.11. (A) The vote on the question of passage of
each A resolution PROVIDED FOR IN SECTION 504.10 OF THE
REVISED CODE or A motion RELATED TO THAT
RESOLUTION shall be taken by yeas and nays and
entered on the journal, and no THE resolution or motion shall
NOT be
passed without concurrence of a majority of all members of the
board of township trustees, except that each emergency resolution UNDER
THAT SECTION
shall require the affirmative vote of all of the members of the
board for its enactment. If an emergency resolution fails to
receive the required vote for passage as an emergency measure but
receives the necessary majority for passage as a nonemergency
resolution, it shall be considered passed as a nonemergency
resolution. Except as otherwise provided in division (B) of this
section, a resolution shall become effective thirty days after it
is filed with the township clerk. Each emergency resolution
shall determine that the resolution is necessary for the
immediate preservation of the public peace, health, safety, or
welfare, and shall contain a statement of the necessity for the
emergency. Each resolution shall be authenticated by the
signature of the township clerk. However, BUT the failure or
refusal
of the clerk to sign a resolution shall not invalidate an
otherwise properly enacted resolution.
(B) Each resolution appropriating money, submitting a
question to the electorate, determining to proceed with an
election, or providing for the approval of a revision,
codification, recodification, or rearrangement of resolutions, or
publication thereof OF RESOLUTIONS in book form, and any
emergency resolution,
shall take effect, unless a later time is specified in the
resolution, ten days after it is filed with the township clerk.
(C) Each resolution shall be recorded in a book, or other
record prescribed by the board, established and maintained for
that purpose. The township clerk or a duly authorized deputy to
the clerk shall, upon the request of any person and upon the
payment of a fee established by the board, certify true copies of
any resolution, and these certified copies shall be admissible as
evidence in any court.
(D) THE PROCEDURES PROVIDED IN THIS SECTION APPLY ONLY TO
RESOLUTIONS ADOPTED PURSUANT TO A TOWNSHIP'S LIMITED HOME RULE POWERS AS
AUTHORIZED BY THIS CHAPTER.
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 THE 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
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 IS 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 THAT 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 A 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
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) 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, OR THEIR ALTERNATES DESIGNATED IN ACCORDANCE WITH THIS
DIVISION, AND EIGHT OTHER MEMBERS APPOINTED BY THE BOARD IN ACCORDANCE WITH
DIVISIONS (B)(1) TO (4) OF THIS SECTION
OR THEIR ALTERNATES
DESIGNATED AND APPROVED IN ACCORDANCE WITH THIS DIVISION.
ANY ALTERNATE DESIGNATED UNDER THIS DIVISION
SHALL BE A RESIDENT OF THE COUNTY.
TO DESIGNATE AN ALTERNATE FOR A MEMBER OF THE BOARD OF COUNTY
COMMISSIONERS, THE BOARD MEMBER SHALL SEND A LETTER OF APPOINTMENT TO THE
ALTERNATE AND DELIVER A COPY OF THAT LETTER TO THE CLERK OF THE
BOARD OF COUNTY COMMISSIONERS. AT THE NEXT REGULAR MEETING OF THE
BOARD, THE CLERK SHALL INFORM THE BOARD OF THE DESIGNATION OF THE
ALTERNATE, AND THE BOARD SHALL HAVE THE DESIGNATION ENTERED ON THE
JOURNAL.
TO DESIGNATE AN ALTERNATE FOR ANY OTHER MEMBER OF THE PLANNING
COMMISSION, THEMEMBER SHALL SEND A LETTER OF APPOINTMENT TO THE
CLERK OF THE BOARD OF COUNTY COMMISSIONERS DESIGNATING AN INDIVIDUAL TO SERVE
AS THAT MEMBER'S
ALTERNATE. AT THE NEXT REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM
THE BOARD OF THE
DESIGNATION OF THE ALTERNATE, WHICH DESIGNATION THE BOARD MAY
EITHER APPROVE OR DISAPPROVE. THE BOARD SHALL ENTER ITS DECISION
ON THE BOARD'S JOURNAL AND, IF THE ALTERNATE IS APPROVED,
DESIGNATE THE NAME OF THE ALTERNATE ON THE JOURNAL. THE CLERK OF
THE BOARD SHALL NOTIFY THE COMMISSION MEMBER OF THE BOARD'S
ACTION, AND THE COMMISSION MEMBER SHALL INFORM THE ALTERNATE.
A DESIGNATED ALTERNATE SHALL SERVE AT THE PLEASURE OF
THE MEMBER WHO MAKES THE DESIGNATION. REMOVAL OF AN ALTERNATE
SHALL BE MADE BY A LETTER OF REMOVAL, DELIVERED AND JOURNALIZED BY
THE SAME METHOD THAT THE ALTERNATE WAS DESIGNATED.
ONCE AN ALTERNATE IS DESIGNATED FOR A MEMBER OF THE
PLANNING COMMISSION, IF THAT COMMISSION MEMBER IS ABSENT FROM A
PLANNING
COMMISSION MEETING, THE ALTERNATE HAS THE RIGHT TO VOTE AND
PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS OF THE COMMISSION AT THAT
MEETING AS IF THAT ALTERNATE WERE THE COMMISSION MEMBER.
(B)(1) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS TOWNSHIPS
IN DIVISION (B)(4) OF THIS SECTION, 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
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
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 three of the
appointive
members shall be selected from persons nominated by the planning
commission of that city. Otherwise,
appointees shall be selected
at the discretion of the board and shall be citizens
of the
county.
(2) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS TOWNSHIPS IN
DIVISION (B)(4) OF THIS SECTION, 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.
(3) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS TOWNSHIPS IN DIVISION
(B)(4) OF THIS SECTION, 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,
THE BOARD OF COUNTY COMMISSIONERS SHALL APPOINT EIGHT
RESIDENTS OF THE COUNTY SELECTED AT THE DISCRETION OF THE BOARD.
(4) IF A COUNTY CONTAINS TWO OR LESS TOWNSHIPS WITH
UNINCORPORATED TERRITORY, THE BOARD OF COUNTY COMMISSIONERS SHALL
APPOINT EIGHT RESIDENTS OF THE COUNTY SELECTED AT THE
DISCRETION OF THE BOARD, 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 THREE OF THE APPOINTIVE
MEMBERS SHALL BE SELECTED FROM PERSONS NOMINATED BY THE PLANNING
COMMISSION OF THAT CITY.
(C) The SUBJECT TO DIVISION (F) OF THIS SECTION, 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, OR THEIR DESIGNATED
ALTERNATES 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.
(F) IF AT ANY TIME A CHANGE OCCURS WITHIN A COUNTY SO THAT THE
POPULATION OF A PORTION OF A CITY WITHIN THE COUNTY EXCEEDS OR NO
LONGER EXCEEDS FIFTY PER CENT OF THE TOTAL POPULATION OF THE
COUNTY OR A TOWNSHIP BECOMES A LIMITED HOME RULE GOVERNMENT
TOWNSHIP, THUS CREATING A SITUATION WHERE THE MEMBERSHIP OF A
COUNTY PLANNING COMMISSION SHOULD BE ALTERED TO COMPLY WITH THE
MEMBERSHIP REQUIREMENTS OF DIVISION (B) OF THIS SECTION, WITHIN
THIRTY DAYS AFTER THE EFFECTIVE DATE OF EITHER OF THOSE TYPES OF CHANGE, THE
BOARD OF COUNTY
COMMISSIONERS, IN THE BOARD'S
DISCRETION, MAY MAKE CHANGES ON THE COMMISSION BY RESOLUTION SO THAT ITS
MEMBERSHIP
REPRESENTATION COMPLIES WITH
DIVISION (B) OF THIS SECTION. IF THE BOARD DOES
NOT ADOPT A RESOLUTION TO SO CHANGE THE COMMISSION'S MEMBERSHIP, THE BOARD
SHALL
PHASE IN THE
NECESSARY CHANGES IN THE COMMISSION'S MEMBERSHIP BY WAITING UNTIL A MEMBER'S
TERM
OF OFFICE EXPIRES AND
APPOINTING NEW MEMBERS SO AS TO MEET THE REPRESENTATION REQUIREMENTS
OF DIVISION (B) OF THIS SECTION AS SOON AS POSSIBLE WITHOUT
INTERFERING WITH ANY
MEMBER'S TERM OF OFFICE.
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 504.11, 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
commission 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, unless the
board of county commissioners within thirty days after the effective date of
this act determines, by resolution, that the commission's membership should
comply with the representation requirements enacted by this act. If the board
so determines to comply with those representation requirements, the board may
remove members from the commission and may appoint members to the commission
whose appointments comply with those representation requirements.
Otherwise, as new members are appointed to the commission, the new members
shall be appointed so as to meet the representation requirements
enacted by this act as soon as possible without
interfering with any member's term of office.
Section 4. Within thirty days after the effective date of this act,
the clerk of any township that has created a fund for the deposit
of special assessments for artificial lighting as provided in
section 515.08 of the Revised Code may transfer any surplus
in that fund to another township fund if all of the
following conditions are met:
(1) The surplus has occurred due to overcharges by the company
providing the artificial lighting.
(2) The board of township trustees adopts a resolution finding
that the surplus has occurred and indicating the exact amount
of the surplus.
(3) That resolution requests the clerk to transfer the surplus to
another fund within the township treasury and indicates the
specific township account to which the surplus is to be
transferred.
No surplus shall be transferred as provided in this section after
the thirtieth day after the effective date of this act.
Section 5. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for this necessity is that
the terms of members serving on some county planning commissions
are coming to an end and, to ensure that new appointees to those commissions
will meet
the representation requirements enacted by this act instead of the
representation
requirements in effect prior to the effective date of this act, the new
representation requirements must go into effect as soon as
possible. Therefore, this act shall go into immediate effect.
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