Ohio § 711.10

§ 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. (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 fiscal officer

of the board of township trustees of the township in which the plat is located and

the board of health of the health district in which the plat is located.  The notice shall inform the trustees and the board of health 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. 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 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 division. A county or regional planning commission 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 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 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 commission

under this 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 commission in specific cases

where unusual topographical and other exceptional conditions require the modification.  The rules may require the board of health to review and comment on a plat before

the commission acts upon it and also may require proof of compliance with any applicable

zoning resolutions, and with sewage treatment rules adopted under section 3718.02 of the Revised Code , 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 on the adoption or amendment.  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,

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. No county or regional planning commission shall require a person submitting a plat

to alter the plat or any part of it 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. 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 .