The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 366As Reported by the House Local Government and Townships Committee
As Reported by the House Local Government and Townships Committee
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Core, Kearns, Hollister, Hagan, Reinhard, Willamowski, Lendrum, Flowers, Roman, Carano, Coates, Distel, Fessler, McGregor, Otterman, Schmidt, Setzer, Sferra, Stapleton, Strahorn, Widowfield
A BILL
To amend section 711.131 and to
enact sections 5552.01
to
5552.11 and 5552.99 of
the Revised
Code to allow
counties to
regulate
access to county
and township
roads and townships
to regulate access to township
roads, and to
permit
the
local platting authority
to require
compliance
with those regulations before
a
parcel
of land is
subdivided without a plat.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 711.131 be
amended and sections
5552.01, 5552.02, 5552.03, 5552.04,
5552.05,
5552.06, 5552.07,
5552.08, 5552.09, 5552.10, 5552.11, and 5552.99 of the
Revised
Code be enacted to
read as follows:
Sec. 711.131. Notwithstanding
the provisions of sections
711.001 to 711.13, inclusive, of the Revised Code, a proposed
division of a parcel of land along an existing public street, not
involving the opening, widening, or extension of any street or
road, and involving no more than five lots after the original
tract has been completely subdivided, may be submitted to the
authority having approving jurisdiction of plats under
the
provisions of section 711.05, 711.09, or 711.10 of the Revised
Code for approval without plat. If
such
the authority acting
through
a properly designated representative
thereof is satisfied
that
such
the proposed division is not contrary to applicable
platting,
subdividing,
or zoning,
or access management
regulations, it shall within seven working
days after submission
approve
such
the proposed division and, on
presentation of a
conveyance of
said
the parcel, shall stamp the
same
conveyance
"approved by (planning authority); no plat required" and have it
signed by its clerk, secretary, or other official as may be
designated by it.
Such
The planning authority may require the
submission of a sketch and
such other information
as
that
is
pertinent
to its determination
hereunder
under this section.
Sec. 5552.01. As used in this chapter: (A) "Metropolitan planning organization" has the same
meaning as in division (A)(7) of section 3704.14 of the Revised
Code. (B) "Urban township" means a township that has a population
in the unincorporated area of the township of fifteen thousand or
more and that has adopted a limited home rule government under
section 504.02 of the Revised Code.
Sec. 5552.02. (A) Except as provided in divisions (C) and
(D) of this section, for
the purposes of promoting traffic
safety
and efficiency and maintaining proper traffic capacity
and
traffic
flow, a board of township trustees may adopt, by
resolution, regulations for the management of access onto township
roads in the unincorporated area of the township in accordance
with sections 5552.05 and 5552.06 of the Revised Code. As part of
those regulations, the board may require
permits, including
interim and temporary permits, for the
construction,
reconstruction, use, and maintenance of any point of
access from
public or private property onto those township roads. If the
board adopts regulations that require permits, the regulations
shall include standards that will be used for the approval or
denial of a permit. Notwithstanding anything to the contrary in this division, a
board of township trustees of a township other than an urban
township may not adopt regulations authorized by this division
until the date that is one year after the effective date of this
section, and then only if the county does not adopt or initiate
the process of adopting regulations under division (B) of this
section within that one-year period. If the county initiates the
process of adopting regulations under division (B) of this section
within that one-year but does not actually adopt regulations under
division (B) of this section
within two years after the effective
date of this section, the
township may adopt regulations
authorized by this division on or
after the date that is two years
after the effective date of this
section. (B) For the purposes of promoting traffic safety and
efficiency and maintaining proper traffic capacity and traffic
flow, the board of county commissioners may adopt, by resolution,
regulations for the management of access onto county and township
roads in the unincorporated area of the county in accordance with
sections 5552.04 and 5552.06 of the Revised Code. As part of
those regulations, the board may require permits, including
interim and temporary permits, for the construction,
reconstruction, use, and maintenance of any point of access from
public or private property onto those county and township roads.
If the board adopts regulations that require permits, the
regulations shall include standards that will be used for the
approval or denial of a permit. The same county regulations that apply to county roads shall
apply to township roads. Except as provided in divisions (C) and
(D) of this section, upon their effective date, the county
regulations shall apply to all county and township roads in the
unincorporated area of the county. (C) On or after the appropriate date provided in division
(A) of this
section for adopting regulations under that division,
the board of township trustees of a township other than
an urban
township may adopt the regulations authorized by
that division.
If
such a board of township trustees adopts regulations, and a
board
of county commissioners later adopts
regulations under
division
(B) of this section that apply to the
same township
roads, then,
one year after the effective date of
the county
regulations, the
regulations adopted by the board of
township
trustees shall be
void, and the regulations adopted by
the
board
of county
commissioners shall apply to those township
roads.
However, the
board of township trustees may establish an
earlier
date for the
county regulations to take effect and the
township
regulations to
be void by adopting a resolution
establishing an
earlier date and
sending a certified copy of that
resolution to
the board of county
commissioners. (D) Except as otherwise provided in this division, if an
urban township adopts regulations under division (A) of this
section and the county also adopts regulations under division (B)
of this section that affect township roads in that township, the
county regulations shall have no effect on the township roads in
that township. If the urban township adopts its regulations
after the county adopts it regulations, however, the county
regulations shall remain in effect for one year after the township
regulations are adopted unless the board of county commissioners
establishes an earlier date for the county regulations to expire
within that urban township. After the earlier established date or
one year, whichever is applicable, only the township regulations
shall apply to the township roads in that urban township, although
the county regulations shall continue to apply to the county roads
in that urban township. (E) Any county regulations adopted under this section shall
be, to the extent possible, consistent with county zoning
regulations and coordinated with any
existing township zoning
regulations. Any township regulations
adopted under this section
shall be, to the extent possible,
consistent with any county or
township zoning regulations in
effect in the township.
Sec. 5552.03. (A) Regulations adopted under this chapter do
not apply to subdivisions subject to plat approval under section
711.05 or 711.10 of the Revised Code, and nothing in this chapter
limits the authority granted in those sections for subdivision
regulations to 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. (B) Regulations
adopted under this chapter do apply to
subdivisions subject to
approval without plat under section
711.131 of the Revised Code.
Sec. 5552.04. (A) The process of adopting county access
management regulations provided for in
division (B) of section
5552.02 of the
Revised Code may be
initiated in any of the
following ways: (1) The board of county
commissioners may adopt a resolution
proposing the consideration of access
management regulations on
its own
initiative. (2) The board of county
commissioners shall adopt a
resolution proposing the consideration of access
management
regulations if the county
engineer certifies to the board a
written request for the board to do so. (3) The board of county
commissioners shall adopt a
resolution proposing the consideration of access
management
regulations if a majority of the
boards of township trustees of
townships within the county
certify to the board of county
commissioners resolutions
requesting the board to do so. (B) Upon adoption of
a resolution proposing the
consideration of access
management regulations under division
(A)
of this section, the board
of county commissioners shall request
the county engineer to
draft proposed regulations. The
engineer
shall prepare
proposed regulations and, when they are
complete,
send a
copy of them to each member of the
advisory
committee
appointed under division
(C) of this section along with
a notice
of the time and place of the first meeting of the
advisory
committee. That meeting shall take place within thirty
days after
the completion of the engineer's proposed regulations. (C) Upon adoption of
a resolution under division
(A) of
this
section, the board
of county commissioners
shall establish an
advisory committee
to review the county engineer's proposed
regulations prepared under division (B) of this section.
The board
shall appoint to the committee
the county engineer or the
engineer's designee, a registered
surveyor in
private
practice, a
representative of the homebuilding
industry, a
licensed realtor, a
representative of a county or
regional
planning commission with
jurisdiction in the county, a
professional engineer
with
expertise
in traffic engineering, a
representative of the metropolitan
planning organization, where
applicable, at least three township
trustees from any townships
located in the county selected by the
local county association representing the township trustees and
clerks in that county, a member of the board of
county
commissioners, and any
other person the board chooses to appoint. At its initial meeting held as
provided in the
notice sent by
the
county engineer under division
(B) of this section, the
advisory
committee shall elect one member to serve as the
chairperson of
the committee. Within two hundred seventy days
after that
initial meeting, the
advisory committee shall provide
the board
of county commissioners
with a copy of the engineer's
proposed regulations, the
committee's recommendations about each
of the proposed
regulations, and any other recommendations about
the access
management regulations the committee considers
appropriate. (D) Upon receiving
the advisory committee's recommendations
under division (C) of this section,
the board of county
commissioners shall hold hearings as provided
in section 5552.06
of the Revised
Code.
Sec. 5552.05. (A) The process of adopting township access
management regulations provided for in division (A) of section
5552.02 of the
Revised Code may be initiated in any of the
following ways:
(1) The board of township trustees may adopt a resolution
proposing the consideration of access management regulations on
its own initiative. (2) The board of township trustees shall adopt a resolution
proposing the consideration of access management regulations if
the county engineer certifies to the board a written request for
the board to do so. (B) Upon adoption of a resolution proposing the
consideration of access management regulations under division (A)
of this section, the board of township trustees shall request the
county engineer to draft proposed regulations. The engineer shall
prepare proposed regulations and, when they are complete, send a
copy of them to each member of the advisory committee appointed
under division (C) of this section along with a notice of the time
and place of the first meeting of the advisory committee. That
meeting shall take place within thirty days after the completion
of the engineer's proposed regulations. (C) Upon adoption of a resolution under division (A) of this
section, the board of township trustees shall establish an
advisory committee to review the county engineer's proposed
regulations prepared under division (B) of this section. The
board shall appoint to
the committee the county engineer or the
engineer's designee, a
registered surveyor in private practice, a
representative of the
homebuilding industry, a licensed realtor, a
representative of a
county or regional planning commission with
jurisdiction in the
county, a professional engineer with expertise
in traffic
engineering, a representative of the metropolitan
planning
organization, where applicable, three residents of the
township,
and any other person the board chooses to appoint. At its initial meeting held as provided in the notice sent by
the county engineer under division (B) of this section, the
advisory committee shall elect one member to serve as the
chairperson of the committee. Within two hundred seventy days
after that initial meeting, the advisory committee shall provide
the board of township trustees with a copy of the engineer's
proposed regulations, the committee's recommendations about each
of the proposed regulations, and any other recommendations about
the access management regulations the committee considers
appropriate. (D) Upon receiving the advisory committee's recommendations
under division (C) of this section, the board of township trustees
shall hold hearings as provided in section 5552.06 of the Revised
Code.
Sec. 5552.06. (A) A board of county commissioners
or a board
of township trustees may adopt access
management regulations or
any
amendments to those regulations
after holding at
least two
public hearings at regular or special
sessions of the board. The
board shall consider the county engineer's
proposed
regulations
prepared under division (B) of section 5552.04 or 5552.05 of the
Revised Code and all comments on those regulations. The board, in
its discretion, may, but
need not, adopt any or
all of those
proposed regulations.
After the public hearings, the board
may
decide not to adopt any
access management regulations. The board shall publish notice of the public hearings
in a
newspaper
of general circulation in the county
or township, as
applicable,
once a week for at least two
weeks immediately
preceding the
hearings. The notice shall
include the time, date,
and place of
each hearing. Copies of any
proposed regulations or
amendments
shall be made available to
the public at the board's
office and,
if the county engineer
administers or is proposed to
administer a
point of access
permit, in the engineer's office.
(B) In addition to the notice required by division (A) of
this section, not less than thirty days before holding
a
public
hearing,
a board
of
county commissioners
shall send a copy of the
county engineer's proposed
regulations, a copy of the advisory
committee's
recommendations, and a
request for written comments to
the board
of township trustees of each
township in the county, the
department of transportation district deputy
director for the
district in which the county is located, a representative of
the
metropolitan planning organization, where applicable, and at least
the local professional associations representing the following
professions: (3) Professional surveyors; (5) Professional engineers.
(C) In addition to the notice required by division (A) of
this section, a board of township trustees shall send a copy of
the county engineer's proposed regulations, a copy of the advisory
committee's recommendations, and a request for written comments,
not less than thirty days before holding a public hearing, to the
department of transportation district deputy director for the
district in which the township is located, a representative of the
metropolitan planning organization, where applicable, and at least
the local professional associations representing the professions
listed in division (B) of this section.
Sec. 5552.07. A board of county commissioners or board of
township trustees that adopts access management regulations under
section 5552.02 of the Revised Code shall include in those
regulations the designation of a board to hear and decide appeals
when it is alleged that there is error in any order, requirement,
decision, or determination made by an administrative official in
the enforcement of the regulations. This appellate board may be
the board itself acting in an administrative capacity, or some
other board appointed by the board of county commissioners or
board of township trustees, whichever is applicable. The
regulations also shall authorize that appellate board to grant
variances that are not contrary to the public interest from the
terms of the regulations where, owing to special conditions, a
literal enforcement of the regulations will result in unnecessary
hardship, and so that the spirit of the regulations will be
observed and substantial justice done.
Sec. 5552.08. (A) A permit issued under access management
regulations adopted under section 5552.02 of the Revised Code
shall prescribe the limitations on, as well as the permitted uses
of, the permit. No modifications or amendments to the permit
shall be made once it is issued. To be subject to a different
permit, a person shall apply for a new permit that specifically
supersedes the existing permit. (B) A board of county commissioners or a board of township
trustees, as applicable, may charge a permit fee not to exceed the
actual cost of administering the permit.
Sec. 5552.09. Any access management regulations adopted
under
section 5552.02 of the Revised Code become effective on the
thirty-first day
following the date of their adoption unless
otherwise indicated
in
the regulations. The board adopting the
regulations shall publish
notice
of their adoption, and of their
availability at the board's
office, in at least one newspaper of
general circulation in the
county or township, as applicable,
within ten days after their
adoption. The board also shall
provide a copy of
the regulations
to the department of
transportation district deputy director
for
the district in which
the county or township is located.
Sec. 5552.10. The board of county commissioners shall
designate the
county engineer to administer county access
management
regulations, except that if the engineer
declines to
administer
the regulations, the board may designate another
person, or a planning
commission, to administer them. If a board
of township
trustees
adopts access management regulations, the
board may administer the regulations or may appoint
the
township
clerk or any other person to administer them, with
the advice of
the county engineer. If the access management regulations apply to
a subdivision
and
a permit request is
filed pertaining to the subdivision, the
county
engineer,
board of township trustees, planning commission,
or
other person
administering the
regulations shall approve or
disapprove the
permit request within the time period for approval
of a subdivision
without a plat specified in
section 711.131 of
the Revised
Code.
Sec. 5552.11. (A) No access management regulation, or
amendment to an access management
regulation,
adopted under
section 5552.02 of the
Revised Code shall be construed to
affect
any access point that
exists, or on which construction has
begun,
before the effective
date of the regulation
or amendment. (B) Division (A) of this section does not prohibit
access
management regulations adopted under section 5552.02 of the
Revised Code from regulating
the
reconstruction or relocation of
access points or from applying
when land use
is changed in a way
that significantly increases the
types of traffic or
traffic
volume on a street or highway. (C) No access management regulation, or amendment to an
access management regulation, adopted under section 5552.02 of the
Revised Code shall be construed to affect the state highway system
or modify any access management standards or procedures
established by the director of transportation under sections
5501.31 and 5515.01 of the Revised Code.
Sec. 5552.99. Whoever violates an access management
regulation adopted under section 5552.02 of the Revised Code shall
be fined not more
than
five hundred dollars for each offense.
Each
day of
violation is a
separate offense.
Section 2. That existing section
711.131 of the Revised
Code
is hereby repealed.
Section 3. Chapter 5552. of the Revised Code shall be called
"Road Access Management."
|