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Sub. S. B. No. 115As Reported by the Senate State and Local Government and Veterans Affairs Committee
As Reported by the Senate State and Local Government and Veterans Affairs Committee
125th General Assembly | Regular Session | 2003-2004 |
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SENATOR Robert Gardner
A BILL
To amend sections 711.001, 711.10, 711.131, 713.21, and
713.22
of the Revised Code to
change the
definition of
"subdivision" in the Platting Law,
to change the
procedure for the approval of plats
by county or
regional planning
commissions, to
provide different
methods for implementing the
statute
authorizing
the approval of certain
subdivisions without
the
submission of a plat,
and
to permit the payment of
compensation to the
appointive members of county or regional
planning
commissions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 711.001, 711.10, 711.131, 713.21, and
713.22 of the Revised
Code be
amended to read as follows:
Sec. 711.001. As used in
sections 711.001 to 711.38,
inclusive, of the Revised Code
this chapter: (A)
"Plat" means a map of a tract or parcel of land. (B)
"Subdivision" means
either of the following: (1) The division of any parcel of land shown as a unit or
as
contiguous units on the last preceding
general tax
roll
list and
duplicate of real and public utility property, into two or
more
parcels, sites, or lots, any one of which is less than
five
twenty
acres for the purpose, whether immediate or future, of transfer
of
ownership, provided, however, that the division or partition
of
land into parcels of more than
five
twenty acres not
involving any
new streets or easements of access, and the sale or exchange of
parcels between adjoining lot owners, where
such
that sale or
exchange
does not create additional building sites,
shall be
exempted
are
exempt;
or (2) The improvement of one or more parcels of land for
residential, commercial, or industrial structures or groups of
structures involving the division or allocation of land for the
opening, widening, or extension of any
public or private street or
streets, except
private streets serving industrial structures;,
or
involving the
division or
allocation of land as open spaces for
common use by
owners,
occupants, or
lease holders
leaseholders or
as easements
for the extension and
maintenance of public
or
private sewer, water, storm
drainage, or other
public
similar
facilities.
Sec. 711.10. (A) Whenever a county planning commission or a
regional planning commission adopts a plan for the major streets
or highways of the county or region, 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
under division (C) of this
section and the
approval is endorsed in writing on the plat.
Within (B)
A county or regional planning commission may require the
submission of a preliminary plan for each plat sought to be
recorded. If the
commission requires this submission, it shall
provide for a review process
for the preliminary plan. Under this
review process, the planning commission
shall give its approval,
its approval with conditions, or its disapproval of
each
preliminary plan. The commission's decision shall be in writing,
shall
be under the signature of the secretary of the commission,
and shall be issued
within thirty-five business days after the
submission of the preliminary plan to
the
commission. The
disapproval of a preliminary plan shall state the reasons for
the
disapproval. A decision of the commission under this division is
preliminary to and separate from the commission's decision to
approve,
conditionally approve, or refuse to approve a plat under
division (C)
of this section.
(C) Within five calendar days
after
the submission of a plat for
approval
under this division, the county or regional
planning
commission shall schedule a meeting to consider the plat
and send
a notice by regular mail or by electronic mail
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 county
or regional planning commission will consider or
act upon the
plat. The meeting shall take place within
thirty
calendar days
after submission of the plat, and no
meeting shall be held
until at
least seven calendar days have passed from
the date the
planning commission sent the notice
was sent by
the
planning commission.
The approval of the
county or regional planning commission,
the commission's conditional approval as described in this
division,
or the refusal
of the commission to approve shall be
endorsed on the plat within
thirty
calendar days after
the submission of the plat for approval,
under this division 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
under this division 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
division.
A A county or regional planning commission
shall not
require
may grant conditional approval under this division to a plat by
requiring a person submitting the plat to alter the plat or any
part of it, within a specified period after the end of the thirty
calendar days, as a condition for
final 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 is
submitted.
The
under
this division.
Once all the conditions have
been met within the specified period, the
commission shall cause
its final approval under this division to be endorsed
on the plat.
No
plat shall be recorded until it is endorsed with the
commission's final or
unconditional approval under this division. The
ground of refusal of approval of any plat submitted
under
this division, including
citation of or reference to the rule
violated by the plat, shall
be stated upon the record of the
county or regional planning commission. Within sixty calendar days
after
the refusal
under this division, the person submitting any plat
that the
county or
regional planning commission refuses to approve
under this
division 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
division. 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
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
also 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,
the
commission shall hold a public
hearing
shall be held on the
adoption or amendment
by
the commission. 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 business 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
insofar 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 A 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. (D) As used in this section, "business day" means a day of the week excluding Saturday, Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.
Sec. 711.131. (A) Notwithstanding
sections
711.001 to 711.13 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
section 711.05, 711.09, or 711.10 of the Revised
Code
for approval without plat. If Unless the rules adopted
under section 711.05, 711.09, or 711.10 of the Revised Code are
amended pursuant to division
(B) of this section, no more than
five lots may be approved under
this division from an original
tract during any calendar year. If
the authority acting
through
a
properly designated representative
is satisfied finds
that
the a
proposed division is not contrary to applicable
platting,
subdividing,
zoning, health, sanitary,
or access management
regulations or regulations adopted under division (B)(3) of section 307.37 of the Revised Code regarding existing surface or subsurface drainage, including, but not limited to, rules governing household sewage disposal systems, it shall
within seven working
days after submission
approve
the proposed
division within seven business days after its submission and, on
presentation of a
conveyance of
the parcel,
shall stamp the
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.
The planning authority
may require the
submission of a sketch and
other information
that
is
pertinent
to its determination
under this section division.
(B)
For a period of up to one year after the effective date
of
this amendment, the rules adopted under section 711.05, 711.09,
or 711.10 of the Revised Code
may be amended once within that
period to authorize the planning authority
involved to approve
proposed divisions of parcels of land without plat under
this
division. If an authority so amends its rules, it may approve no
more
than five lots from an original tract as that original tract
exists on the
effective date of the amendment to the rules. The
authority shall make the
findings and approve a proposed division
in the time and manner specified in
division (A) of this section,
but it shall not approve divisions on a
calendar-year basis. (C)
As used in this section: (1)
"Household sewage disposal system" has the same meaning
as in section
3709.091 of the Revised Code. (2)
"Original tract" means a tract, lot, or parcel of real
estate as shown
on the last preceding general tax list and
duplicate of real and public
utility property prepared under
section 319.28 of the Revised Code. (3) "Business day" means a day of the week excluding Saturday, Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.
Sec. 713.21.
(A) The planning commission of any municipal
corporation or group of municipal corporations, any board of
township trustees, and the board of county commissioners of any
county in which
such
the municipal corporation or group of
municipal
corporations is located or of any adjoining county may
co-operate
cooperate
in the creation of a regional planning
commission, for any region
defined as agreed upon by the planning
commissions and boards,
exclusive of any territory within the
limits of a municipal
corporation not having a planning
commission. After creation of
a regional planning commission,
school districts, special
districts, authorities, and any other
units of local government
may participate in the regional planning
commission, upon
such
terms
as may be agreed upon by the planning
commissions and
boards.
The The number of members of
such
a regional planning commission,
their method of appointment, and the proportion of the costs of
such regional planning to be borne respectively by the various
municipal corporations, townships, and counties in the region and
by other participating units of local government shall be
such as
is determined by a majority of the planning commissions and
boards. Costs may include, but are not limited to, compensation and actual and necessary expenses for appointive members of a regional planning commission who are not also holding another public office to which they were elected. Any member of a regional planning commission may hold
any
other public office and may serve as a member of a city,
village,
and a
or county planning commission, except as otherwise
provided
in the charter of any city or village.
Such Boards of township trustees, boards
of county commissioners,
and
legislative authorities of
such municipal corporations, and
the
governing bodies of other participating units of local
government, may appropriate their respective shares of
such
the
costs
of regional planning.
The
Those sums
so appropriated shall
be paid into the treasury
of the county in which the greater
portion of the population of
the region is located, and shall be
paid out on the certificate
of the regional planning commission
and the warrant of the county
auditor of
such
that county for the
purposes authorized by sections
713.21 to 713.27, inclusive, of
the Revised Code.
The (B) The regional
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
county, regional, and municipal
planning
commission
commissions of this or
any adjoining state,;
or from civic sources, and. The regional planning commission may
contract with
respect
thereto
to those
funds, grants, and
services, either separately, jointly, or
cooperatively,
and
may
provide
such
the information and reports
as
may be necessary to
secure
such financial aid
those funds, grants,
and services.
Within the amounts
thus agreed upon
and
appropriated or otherwise
received, the regional planning
commission may employ
necessary
engineers, accountants,
consultants, and
employees
as are
necessary and may rent or lease
such space,
purchase, lease, and
lease with option to purchase
such
equipment, and make
such
other
purchases
as it
deems
considers necessary to its
use. The
regional planning commission
may purchase, lease with
option to
purchase, or receive as a gift
property and buildings
within which
it is housed and carries out
its responsibilities,
provided that
the rules of the commission
provide for the
disposition of the
property and buildings
in the
event that
if the
commission is
dissolved or otherwise terminated. (C) The regional planning commission may establish
such
committees with
such
the powers
as it finds necessary to carry on
its
work, including an executive committee to make
such final
determinations, decisions, findings, recommendations, and orders
as
the
provided in the commission's rules
of the regional planning
commissions provide. All
actions of
such
these committees shall
be reported in writing to the
members of the
regional planning
commission no later than
the
its next meeting
of the
regional
planning commission or within thirty days from the date
of the
action, whichever is earlier. The
regional planning commission
may provide
a procedure to ratify committee actions by a vote of
the members.
The
(D) The regional planning commission may make agreements
with other
agencies, public or
private,
agencies for the temporary
transfer or joint use of staff
employees, and may contract for
professional or consultant
services for or from other governmental
and private agencies and
persons.
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
those
planning commissions shall, provide for the
organization and
maintenance of a county planning commission. A county
planning
commission shall consist of the members of the board
of county
commissioners, 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, the member 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, the board
of county
commissioners shall select three
of the appointive members from
persons
nominated by the planning commission of that city.
The
board shall appoint
three members
from
the unincorporated
territory of the county from persons
recommended by the townships
to
the county, except that, if one or more of those
townships in
the county is a limited
home
rule government township, then the
board shall
appoint at least one of these three township
appointees from the 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 residents
of
the
county, one residing in the unincorporated territory of the
county
and representing townships and the other residing in the
incorporated territory of the county and representing
municipal
corporations in 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) 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
appointive
members
shall serve without pay
may be allowed their actual and
necessary expenses and the compensation that the board of county
commissioners determines to be appropriate. 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
compensation and 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
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, from one or more
counties
of
this state or any adjoining state, 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,
may contract with
respect thereto, either separately, jointly,
or cooperatively, and
may provide 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.
Section 2. That existing sections 711.001, 711.10, 711.131, 713.21,
and 713.22 of the
Revised
Code are hereby repealed.
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