| Section 1. That sections 711.05, 711.10, 3718.01, 3718.02, | 14 |
|
3718.03, 3718.04,
3718.05, 3718.06, 3718.09, and 6117.51 be | 15 |
|
amended and sections
3718.011, 3718.023,
3718.024, 3718.025, and | 16 |
|
3718.041 of the
Revised Code be
enacted to
read as follows: | 17 |
| Sec. 711.05. (A) Upon the submission of a plat for approval, | 18 |
|
in accordance with section 711.041 of the Revised Code, the board | 19 |
|
of county commissioners shall certify on it the date of
the | 20 |
|
submission. Within five days of submission of the plat, the
board | 21 |
|
shall schedule a meeting to consider the plat and send a
written | 22 |
|
notice by regular mail to
the fiscal officer of the board of | 23 |
|
township trustees of the township in
which the plat is located and | 24 |
|
the board of health of the health district in which the plat is | 25 |
|
located. The notice shall inform the trustees
and the board of | 26 |
|
health of the submission of the plat and of the date, time, and | 27 |
|
location
of any meeting at which the board of county commissioners | 28 |
|
will
consider or act upon the proposed plat. The meeting shall | 29 |
|
take
place within thirty days of submission of the plat, and no | 30 |
|
meeting shall be held until at least seven days have passed from | 31 |
|
the date the notice was sent by the board of county
commissioners. | 32 |
|
The approval of the board required by section
711.041 of the | 33 |
|
Revised Code or the refusal to approve shall take
place within | 34 |
|
thirty days from the date of submission or such
further time as | 35 |
|
the applying party may agree to in writing;
otherwise, the plat is | 36 |
|
deemed approved and may be recorded as if
bearing such approval. | 37 |
| (B) The board may adopt general rules
governing plats and | 38 |
|
subdivisions of land falling within its
jurisdiction, to secure | 39 |
|
and provide for the coordination of the
streets within the | 40 |
|
subdivision with existing streets and roads or
with existing | 41 |
|
county highways, for the proper amount of open
spaces for traffic, | 42 |
|
circulation, and utilities, and for the
avoidance of future | 43 |
|
congestion of population detrimental to the
public health, safety, | 44 |
|
or welfare, but shall not impose a greater
minimum lot area than | 45 |
|
forty-eight hundred square feet.
Before the board may amend or | 46 |
|
adopt rules, it shall notify all the townships in the county of | 47 |
|
the proposed amendments or rules by regular mail at least thirty | 48 |
|
days before the public meeting at which the proposed amendments
or | 49 |
|
rules are to be considered. | 50 |
| The rules
may require the board of health to review and | 51 |
|
comment
on a plat before the board of county commissioners acts | 52 |
|
upon it
and may also require proof of compliance with any | 53 |
applicable
zoning resolutions, and with rules governing household | 54 |
|
sewage treatment systems, as a
basis for approval of a plat. Where | 55 |
|
under
section 711.101 of the Revised Code the board of county | 56 |
|
commissioners has set up standards and specifications for the | 57 |
|
construction of streets, utilities, and other improvements for | 58 |
|
common use, the general rules may require the submission of | 59 |
|
appropriate plans and specifications for approval. The board
shall | 60 |
|
not require the person submitting the plat to alter the
plat or | 61 |
|
any part of it as a condition for approval, as long as
the plat is | 62 |
|
in accordance with general rules governing plats and
subdivisions | 63 |
|
of land, adopted by the board as provided in this
section, in | 64 |
|
effect at the time the plat was submitted and the
plat is in | 65 |
|
accordance with any standards and specifications set
up under | 66 |
|
section 711.101 of the Revised Code, in effect at the
time the | 67 |
|
plat was submitted. | 68 |
| (C) The ground of
refusal to approve
any plat, submitted in | 69 |
|
accordance with section 711.041 of the
Revised Code, shall be | 70 |
|
stated upon the record of the board, and,
within sixty days | 71 |
|
thereafter, the person submitting any plat
that the board refuses | 72 |
|
to approve may file a petition in
the
court of common pleas of the | 73 |
|
county in which the land described
in the plat is situated to | 74 |
|
review the action of the board.
A
board of township trustees is | 75 |
|
not entitled to appeal a decision
of the board of county | 76 |
|
commissioners under this section. | 77 |
| Sec. 711.10. (A) Whenever a county planning commission or a | 78 |
|
regional planning commission adopts a plan for the major streets | 79 |
|
or highways of the county or region, no plat of a
subdivision of | 80 |
|
land within the county or region, other than land
within a | 81 |
|
municipal corporation or land within three miles of a
city or one | 82 |
|
and one-half miles of a village as provided in
section 711.09 of | 83 |
|
the Revised Code, shall be recorded until it is
approved by the | 84 |
|
county or regional planning commission
under division (C) of this | 85 |
|
section and the
approval is endorsed in writing on the plat. | 86 |
| (B)
A county or regional planning commission may require the | 87 |
|
submission of a preliminary plan for each plat sought to be | 88 |
|
recorded. If the
commission requires this submission, it shall | 89 |
|
provide for a review process
for the preliminary plan. Under this | 90 |
|
review process, the planning commission
shall give its approval, | 91 |
|
its approval with conditions, or its disapproval of
each | 92 |
|
preliminary plan. The commission's decision shall be in writing, | 93 |
|
shall
be under the signature of the secretary of the commission, | 94 |
|
and shall be issued
within thirty-five business days after the | 95 |
|
submission of the preliminary plan to
the
commission. The | 96 |
|
disapproval of a preliminary plan shall state the reasons for
the | 97 |
|
disapproval. A decision of the commission under this division is | 98 |
|
preliminary to and separate from the commission's decision to | 99 |
|
approve,
conditionally approve, or refuse to approve a plat under | 100 |
|
division (C)
of this section. | 101 |
|
(C) Within five calendar days
after
the submission of a plat | 102 |
|
for
approval
under this division, the county or regional
planning | 103 |
|
commission shall schedule a meeting to consider the plat
and send | 104 |
|
a notice by regular mail or by electronic mail
to the fiscal | 105 |
|
officer of the
board of
township trustees of the
township in which | 106 |
|
the plat is
located and the board of health of the health district | 107 |
|
in which the plat is located. The notice
shall
inform the trustees | 108 |
|
and the board of health of the submission
of the plat and of
the | 109 |
|
date, time, and location of any meeting at
which the county
or | 110 |
|
regional planning commission will consider or
act upon the
plat. | 111 |
|
The meeting shall take place within
thirty
calendar days
after | 112 |
|
submission of the plat, and no
meeting shall be held
until at | 113 |
|
least seven calendar days have passed from
the date the
planning | 114 |
|
commission sent the notice. | 115 |
| The approval of the
county or regional planning commission, | 116 |
|
the commission's conditional approval as described in this | 117 |
|
division,
or the refusal
of the commission to approve shall be | 118 |
|
endorsed on the plat within
thirty
calendar days after
the | 119 |
|
submission of the plat for approval
under this division or
within | 120 |
|
such further time as the applying party may agree to in
writing; | 121 |
|
otherwise that plat is deemed approved, and the
certificate of the
| 122 |
|
commission as to the date of the
submission of the plat for | 123 |
|
approval
under this division and the
failure to take
action on it | 124 |
|
within that time shall
be sufficient
in lieu of
the written | 125 |
|
endorsement or evidence of approval
required by this
division. | 126 |
| A county or regional planning commission
may grant | 127 |
|
conditional approval under this division to a plat by
requiring a | 128 |
|
person submitting the plat to alter the plat or any
part of it, | 129 |
|
within a specified period after the end of the thirty
calendar | 130 |
|
days, as a condition for
final approval
under
this division.
Once | 131 |
|
all the conditions have
been met within the specified period, the | 132 |
|
commission shall cause
its final approval under this division to | 133 |
|
be endorsed
on the plat.
No
plat shall be recorded until it is | 134 |
|
endorsed with the
commission's final or
unconditional approval | 135 |
|
under this division. | 136 |
| The
ground of refusal of approval of any plat submitted
under | 137 |
|
this division, including
citation of or reference to the rule | 138 |
|
violated by the plat, shall
be stated upon the record of the | 139 |
|
county or regional planning commission. Within sixty calendar days | 140 |
|
after
the refusal
under this division, the person submitting any | 141 |
|
plat
that the
commission refuses to approve
under this
division | 142 |
|
may
file a petition in the court of common pleas of the
proper | 143 |
|
county,
and the proceedings on the petition shall be
governed by | 144 |
|
section 711.09
of the Revised Code as in the case of
the refusal | 145 |
|
of a planning
authority to approve a plat. A board of
township | 146 |
|
trustees is not
entitled to appeal a decision of the
commission | 147 |
|
under this
division. | 148 |
| A county or regional planning commission shall adopt
general | 149 |
|
rules, of uniform application, governing plats and
subdivisions of | 150 |
|
land falling within its jurisdiction, to secure
and provide for | 151 |
|
the proper arrangement of streets or other
highways in relation to | 152 |
|
existing or planned streets or highways
or to the county or | 153 |
|
regional plan, for adequate and convenient
open spaces for | 154 |
|
traffic, utilities, access of
firefighting
apparatus, recreation, | 155 |
|
light, and air, and for the avoidance of
congestion of population. | 156 |
|
The rules may provide for their
modification by the
commission in | 157 |
|
specific cases where unusual
topographical and
other exceptional | 158 |
|
conditions require the
modification. The
rules may require the | 159 |
|
board of
health to review and
comment on a plat before the
| 160 |
|
commission acts upon it and
also may
require proof of compliance | 161 |
|
with any applicable zoning resolutions, and with rules governing | 162 |
household sewage treatment systems,
as a basis for approval of a | 163 |
|
plat. | 164 |
| Before adoption of its rules or amendment of its
rules,
the | 165 |
|
commission shall hold a public
hearing
on the
adoption or | 166 |
|
amendment. Notice of the public
hearing shall be
sent to all | 167 |
|
townships in the county or region by
regular mail or electronic | 168 |
|
mail at least thirty business days before the
hearing. No
county | 169 |
|
or regional planning commission shall adopt
any rules
requiring | 170 |
|
actual construction of streets or other
improvements or
facilities | 171 |
|
or assurance of that construction as a
condition
precedent to the | 172 |
|
approval of a plat of a subdivision
unless
the requirements have | 173 |
|
first been adopted by the board of
county
commissioners after a | 174 |
|
public hearing.
A copy of the rules
shall be certified by the | 175 |
|
planning commission to the county
recorders
of the appropriate | 176 |
|
counties. | 177 |
| After a county or regional street
or highway plan has been | 178 |
|
adopted as provided in this section, the
approval of plats and | 179 |
|
subdivisions provided for in this section
shall be in lieu of any | 180 |
|
approvals provided for in other sections
of the Revised Code,
| 181 |
|
insofar as the territory within the approving
jurisdiction of
the | 182 |
|
county or regional planning commission, as
provided in this | 183 |
|
section, is concerned. Approval of a plat shall
not be an | 184 |
|
acceptance by the public of the dedication of any
street, highway, | 185 |
|
or other way or open space shown upon the plat. | 186 |
| A county or regional planning commission and a city or | 193 |
|
village planning commission, or platting commissioner or | 194 |
|
legislative authority of a village, with subdivision regulation | 195 |
|
jurisdiction over unincorporated territory within the county or | 196 |
|
region may cooperate and agree by written agreement that the | 197 |
|
approval of a plat by the city or village planning commission, or | 198 |
|
platting commissioner or legislative authority of a village, as | 199 |
|
provided in section 711.09 of the Revised Code, shall be | 200 |
|
conditioned upon receiving advice from or approval by the county | 201 |
|
or regional planning commission. | 202 |
(N)(R) "Small flow on-site sewage treatment system" means a | 269 |
|
system, other than a household sewage treatment system, that | 270 |
|
treats not more than one thousand gallons of sewage per day and | 271 |
|
that does not require a national pollutant discharge elimination | 272 |
|
system permit issued under section 6111.03 of the Revised Code or | 273 |
|
an injection well drilling or operating permit issued under | 274 |
|
section 6111.043 of the Revised Code. | 275 |
| (A) The sewage treatment system is not operating in the | 288 |
|
manner for which it was designed due to mechanical failure or | 289 |
|
another type of system malfunction, including, but not limited to, | 290 |
|
the inability of the sewage treatment system to accept wastewater | 291 |
|
at the rate for which the system was designed thereby preventing | 292 |
|
or limiting the use of plumbing fixtures due to mechanical failure | 293 |
|
or hydraulic overloading. | 294 |
| (B) The sewage treatment system is discharging wastewater | 295 |
|
from the system's soil absorption components in an amount that | 296 |
|
exceeds the absorptive capacity of the soil resulting in ponding, | 297 |
|
seepage, or other discharge of effluent to surface or ground | 298 |
|
water. Evidence of the situation described in this division shall | 299 |
|
be collected by standard investigative methods and a standard | 300 |
|
scoring process of site conditions, including, but not limited to, | 301 |
|
dye testing, visual observations of ponded effluent, detection of | 302 |
|
sewage odors, or water quality sampling. | 303 |
| (C) The sewage treatment system is discharging wastewater | 304 |
|
into surface water so that the surface water fails to meet water | 305 |
|
quality standards established for a surface water body in | 306 |
|
accordance with rules adopted under section 6111.041 of the | 307 |
|
Revised Code, or, with respect to systems authorized under the | 308 |
|
NPDES permit program established under Chapter 6111. of the | 309 |
|
Revised Code and rules adopted under it, the system routinely | 310 |
|
exceeds the effluent discharge standards specified in a permit | 311 |
|
issued under that program. | 312 |
Sec. 3718.02. (A) Not later than one year after the effective | 317 |
date of this section, theThe public health council, in | 318 |
|
accordance
with Chapter 119. of the Revised Code, shall adopt, and | 319 |
|
subsequently may amend and rescind, rules of general application | 320 |
|
throughout the state to administer this chapter. Rules adopted | 321 |
|
under division (A) of this section shall do at least all of the | 322 |
|
following: | 323 |
| (1) Require that the appropriate board of health approve or | 324 |
disapprove the useinstallation, operation, and alteration of a | 325 |
|
sewage
treatment system if it is not
connected
to a sanitary | 326 |
sewerage
system;. The rules shall provide that the disapproval of | 327 |
|
the installation, operation, or alteration of a sewage treatment | 328 |
|
system may be appealed in accordance with Chapter 2506. of the | 329 |
|
Revised Code by the person seeking approval of the installation, | 330 |
|
operation, or alteration of the system. | 331 |
|
(3) Prescribe standards for the siting, design, installation, | 335 |
operation, monitoring, maintenance, and abandonment
of household | 336 |
|
sewage treatment systems that may be used in this state and for | 337 |
|
the progressive or incremental alteration, repair, or replacement | 338 |
|
of existing sewage treatment systems. The
standards
shall | 339 |
|
include at a
minimum all of the following: | 340 |
| In addition, the rules shall identify those soil conditions | 353 |
|
that present a high risk of inadequate treatment or dispersal of | 354 |
|
sewage. For such high risk conditions, the vertical separation | 355 |
|
distance shall be set at a depth from twenty-four to thirty-six | 356 |
|
inches and shall not be lowered unless a reduction of vertical | 357 |
|
separation is granted in accordance with rules adopted under | 358 |
|
division (A)(3)(a)(iii) of this section. | 359 |
| (iii) The rules shall provide that no reduction in vertical | 360 |
|
separation distances shall be approved by the director of health | 361 |
|
for any sewage
treatment system, or component thereof, until the | 362 |
|
director has
submitted the proposed reduction to the sewage | 363 |
|
treatment system
technical advisory committee created in section | 364 |
|
3718.03 of the
Revised Code for review and recommended approval. | 365 |
|
Any reduction
that decreases the vertical separation to less than | 366 |
|
twelve inches
shall require pretreatment of the sewage. | 367 |
| (iv) The rules shall provide that a board of health may | 368 |
|
petition the director to increase the vertical separation distance | 369 |
|
for a sewage treatment system when conditions present a
high risk | 370 |
|
of inadequate treatment or dispersal of sewage. The
rules also | 371 |
|
shall provide that the director may approve such a
request upon a | 372 |
|
demonstration by the board of health that unusual
or unique local | 373 |
|
conditions relating to terrain, bedrock, water
table, soil | 374 |
|
fragments, or soil textures require the establishment
of greater | 375 |
|
vertical separation distances within the jurisdiction
of the | 376 |
|
board of health or a portion thereof. If, under the rules,
the | 377 |
|
director approves a greater vertical separation distance, the | 378 |
|
approval is subject to appeal in accordance with Chapter 119. of | 379 |
|
the Revised Code. The rules shall allow a person who is denied | 380 |
|
permission by a board of health to install or replace a sewage | 381 |
|
treatment system on the ground that an appropriate vertical | 382 |
|
separation distance cannot be achieved the opportunity to appeal | 383 |
|
that decision of the board of health in accordance with Chapter | 384 |
|
2506. of the Revised Code. | 385 |
(b) Specifications for discharging systems that do not | 386 |
conflict with provisions related tothe quality of treated sewage | 387 |
|
effluent from household sewage treatment systems that is applied | 388 |
|
to
soil on the property where a household sewage treatment system | 389 |
|
is
located. The specifications established in the rules for the | 390 |
|
quality of effluent from discharging systems shall comply
with | 391 |
|
discharge requirements imposed by the national pollutant | 392 |
discharge elimination system permit program established inunder | 393 |
section
6111.03 of the Revised Code and rules adopted under it;. | 394 |
| (5) Prescribe criteria and procedures under which boards of | 411 |
health shall issue installation andpermits, operation permits, | 412 |
|
and alteration permits for sewage
treatment systems. The rules | 413 |
|
shall require as a condition of an
installation permit that the | 414 |
|
installer of a system must warrant
that the system was installed | 415 |
|
in accordance with all applicable
rules and design requirements. | 416 |
|
In addition, the rules shall
require a
board of health, not later | 417 |
|
than sixty days after the
issuance of
an installation, operation, | 418 |
or alteration permit, to certify tonotify
the director on
a
form | 419 |
provided by the director that
the permit
was issued. The rules | 420 |
|
shall require the notification to be in a format prescribed by the | 421 |
|
director and to include information related to the issuance of the | 422 |
|
permit. With the assistance of the department of health, a
board | 423 |
|
of health, to the extent practicable, shall computerize the | 424 |
|
process of the issuance of permits for
sewage treatment systems. | 425 |
|
(7) Require each board of health to develop a program for the | 432 |
|
enforcement of maintenance requirements established in rules | 433 |
|
adopted under division (A)(3)(c) of this section. The rules shall | 434 |
|
authorize a board of health, upon reasonable prior notice, to | 435 |
|
inspect any sewage treatment system if there is a
complaint | 436 |
|
regarding the system or there is probable cause for the | 437 |
|
inspection. In addition, the rules shall authorize a board of | 438 |
|
health to inspect a sewage treatment system without
prior notice | 439 |
|
in any instance in which the board has probable cause
to believe | 440 |
|
that the system is endangering or threatening to
endanger public | 441 |
|
health. The rules shall allow a board of health to continue an | 442 |
|
inspection program that was established by the board prior to the | 443 |
|
effective date of the rules. | 444 |
| (8) Require a board of health to register installers,
service | 445 |
|
providers, and septage haulers that perform work within
the health | 446 |
|
district; prescribe criteria and procedures for the
registration; | 447 |
|
and prescribe criteria for a demonstration of competency as a part | 448 |
of the registration;. The rules shall establish uniform statewide | 449 |
|
bonding requirements or other financial security requirements for | 450 |
|
installers, service providers, and septage haulers as a condition | 451 |
|
of registration within any health district. The rules shall | 452 |
|
establish a methodology by which the required amount of a bond or | 453 |
|
other security may be calculated for each installer, service | 454 |
|
provider, and septage hauler. The methodology, at a minimum, | 455 |
|
shall
consider the number of systems installed or serviced and | 456 |
|
the type
of system installed or serviced by an installer, service | 457 |
|
provider,
or septage hauler on an annual basis. The rules shall | 458 |
|
provide that
no board of health shall require an additional or | 459 |
|
different bond
or security requirement as a condition of | 460 |
|
registration beyond the
bonding and security requirements | 461 |
|
established in the rules adopted
under division (A)(8) of this | 462 |
|
section. | 463 |
(10)(11) Require a board of health and the manufacturer of a | 473 |
sewage treatment system, when possible,that is authorized for use | 474 |
|
in this state in rules adopted under this section or that is | 475 |
|
approved for use
in this state under section 3718.04 of the | 476 |
|
Revised Code to provide
instructions
for the operation
and | 477 |
maintenance of the system. The
rules shall
authorize the | 478 |
instructions to be posted on the
department of
health's web site | 479 |
and the
manufacturer's web siteprovide that a board of health | 480 |
|
may require a copy of a
manufacturer's instructions for the | 481 |
|
operation and maintenance of a
system to be filed with the board | 482 |
|
prior to the installation and
use of the system in the health | 483 |
|
district in which the board has
jurisdiction. In addition,
the | 484 |
|
rules shall require a
board of
health and a
manufacturer to | 485 |
|
provide a copy of the
operation and
maintenance
instructions, if | 486 |
|
available, when a board
of health or
a
manufacturer receives a | 487 |
|
written request for
instructions. | 488 |
| (14) Prescribe minimum criteria and procedures under which | 497 |
|
boards of health may establish household sewage treatment district | 498 |
|
management programs for the purpose of providing a responsive | 499 |
|
approach toward preventing or solving sewage treatment problems | 500 |
|
resulting from household sewage treatment systems within the | 501 |
|
districts established under the program. For purposes of division | 502 |
(A)(12)(14) of this section, a board of health may enter into a | 503 |
|
contract with any entity to administer a household sewage | 504 |
|
treatment district management program. | 505 |
| The rules shall provide that if a property owner is required | 532 |
|
to connect to a central sewer system, a board of health shall | 533 |
|
afford the property owner a period of time not to exceed three | 534 |
|
years to install the connection to
the
central sewer system. The | 535 |
|
rules shall authorize a board of health
to require connection to | 536 |
|
a central sewer system within an expedited time
frame if a sewage | 537 |
|
treatment system owned
by a property owner is causing a public | 538 |
|
health nuisance and the
cost of connection to a central sewer | 539 |
|
system is not excessive. | 540 |
| Governmental entities constructing
central sewer systems | 541 |
|
shall construct the central sewer systems in a
manner that | 542 |
|
minimizes the distance between the foundations of the
structures | 543 |
|
to be serviced by the central sewer system and the
connecting | 544 |
|
point of the central sewer system. The rules shall
provide
that | 545 |
|
a property owner that is required under rules to
connect to
a | 546 |
|
municipal central sewer system not be required to
submit to | 547 |
|
annexation by the municipal corporation as a condition
of | 548 |
|
connecting to the municipal central sewer system. | 549 |
| (18) Establish standards and testing methods to ensure that | 558 |
|
all septic tanks, other disposal component
tanks, dosing tanks, | 559 |
|
pump vaults, household sewage treatment
disposal system holding | 560 |
|
tanks and privy vaults, or other
applicable sewage disposal | 561 |
|
system components manufactured after
the effective date of this | 562 |
|
section and used in this state are
watertight and structurally | 563 |
|
sound; | 564 |
|
(B)(1) In accordance with section 3709.20 or 3709.21 of the | 589 |
|
Revised Code, as applicable, and subject to review by and approval | 590 |
|
of the director under division (C) of section 3718.05 of the | 591 |
|
Revised Code, a board of health may adopt rules necessary for the | 592 |
public health providing for more stringent standards governing | 593 |
household sewage treatment systems, installers, service providers, | 594 |
or septage haulers than those established in rules of the public | 595 |
health council adopted under division (A) of this section. AIn | 596 |
|
proposing or adopting the rules, a board of health shall
consider | 597 |
|
and document the economic impact of the rules on property owners | 598 |
|
within the applicable health district. | 599 |
(2) A
board
that intends to adopt such rules shall notify | 600 |
|
the department
of
health of the proposed rules and submit a copy | 601 |
|
of the proposed rules at least ninety days prior
to the proposed | 602 |
|
date of adoption. The director shall approve or
disapprove
any | 603 |
such proposed rule within ninety days after
receiving
notice of | 604 |
it
under this divisiona copy of the proposed
rule from the | 605 |
board of health. If the director fails to approve or
disapprove a | 606 |
proposed rule within ninety days after receiving
notice of it, | 607 |
the proposed rule shall be deemed approved. | 608 |
| Sec. 3718.023. (A) A board of health shall approve or deny | 633 |
|
the installation, operation, or alteration of sewage treatment | 634 |
|
systems the use of which has been authorized in rules adopted | 635 |
|
under section 3718.02 of the Revised Code or that have been | 636 |
|
approved for use in this state by the director of health under | 637 |
|
section 3718.04 of the Revised Code. The board shall approve an | 638 |
|
installation, operation, or alteration only in the health district | 639 |
|
in which the board has jurisdiction. A board shall approve the | 640 |
|
installation, operation, or alteration of a sewage treatment | 641 |
|
system through the issuance of a permit in accordance with rules | 642 |
|
adopted under section 3718.02 of the Revised Code. A board shall | 643 |
|
not approve the installation, operation, or alteration of a sewage | 644 |
|
treatment system if the installation, operation, or alteration is | 645 |
|
not appropriate for the site at which the use of the system is or | 646 |
|
is proposed to be located. In determining whether to approve or | 647 |
|
disapprove the installation, operation, or alteration of a sewage | 648 |
|
treatment system, a board shall consider and document the economic | 649 |
|
impact on the property owner, the state of available technology, | 650 |
|
and the nature and economics of various alternatives. In addition, | 651 |
|
the board shall ensure that a system, when installed and | 652 |
|
maintained properly, will not create a public health nuisance, | 653 |
|
shall ensure that a system will maintain long-term treatment of | 654 |
|
sewage, and shall require a system to comply with the requirements | 655 |
|
established in division (B) of this section and other applicable | 656 |
|
requirements of this chapter. | 657 |
| The board shall permit a property owner to select a sewage | 658 |
|
treatment system for use by the property owner from those systems | 659 |
|
that
have been approved for use in the state, from the least | 660 |
|
expensive
system to the most expensive system, and a property | 661 |
|
owner may
select
any such system regardless of its cost, | 662 |
|
provided that the
system
selected will comply with all | 663 |
|
applicable requirements and
standards
established under this | 664 |
|
chapter and rules adopted under
it. | 665 |
| (B) A board of health shall ensure that the design and | 666 |
|
installation of a soil absorption system prevents public health | 667 |
|
nuisances and will maintain long-term treatment of sewage. In | 668 |
|
addition, a board of health shall ensure that a
sewage treatment | 669 |
|
system that is installed after the effective date
of this section | 670 |
|
shall not discharge into a ditch, stream, pond,
lake, natural or | 671 |
|
artificial waterway, drain tile, or other surface
water or onto | 672 |
|
the surface of the ground unless authorized by a
national | 673 |
|
pollutant discharge elimination system permit issued
under | 674 |
|
Chapter 6111. of the Revised Code and rules adopted under
it. In | 675 |
|
addition, a board shall ensure that a sewage treatment
system | 676 |
|
shall not discharge into an abandoned well, a drainage
well, a | 677 |
|
dry well, a cesspool, a sinkhole, or another connection to
ground | 678 |
|
water. If a household sewage treatment system serving a
two- or | 679 |
|
three-family dwelling or a small flow on-site sewage
treatment | 680 |
|
system is classified as a class V injection well, a
board of | 681 |
|
health shall ensure that the system complies with rules adopted | 682 |
|
under section 6111.043 of the Revised Code and with Chapter | 683 |
|
3745-34 of
the
Administrative Code. | 684 |
| Sec. 3718.024. The director of health in cooperation with a | 696 |
|
board of health shall assess the familiarity of the board's staff | 697 |
|
with best management practices in the use of sewage treatment | 698 |
|
systems, as necessary, and conduct appropriate training to educate | 699 |
|
the board's staff in those best management practices and in the | 700 |
|
use of any new sewage treatment system technology that is | 701 |
|
recommended for use by the sewage treatment system technical | 702 |
|
advisory committee created in section 3718.03 of the Revised Code. | 703 |
| Sec. 3718.025. The environmental protection agency shall not | 704 |
|
require a board of health to enter into a memorandum of | 705 |
|
understanding or any other agreement with the agency regarding the | 706 |
|
issuance of national pollutant discharge elimination system | 707 |
|
permits for off-lot household sewage treatment systems. Rather, a | 708 |
|
representative of a board of health may meet with a person who | 709 |
|
intends to install such a system to determine the feasibility of | 710 |
|
the system and refer the person to the agency to secure a national | 711 |
|
pollutant discharge elimination system permit for the system if | 712 |
|
needed. The environmental protection agency shall make revisions | 713 |
|
to any applicable general national pollutant discharge elimination | 714 |
|
system permits, issued pursuant to the federal Water Pollution | 715 |
|
Control Act as defined in section 6111.01 of the Revised Code, so | 716 |
|
that such a memorandum of understanding is not required. A board | 717 |
|
of health voluntarily may enter into a memorandum of understanding | 718 |
|
with the environmental protection agency to implement a general | 719 |
|
national pollutant discharge elimination system permit. The agency | 720 |
|
shall work with boards of health to facilitate securing national | 721 |
|
pollutant discharge elimination system permits on behalf of | 722 |
|
property owners in counties without a memorandum of understanding. | 723 |
| Sec. 3718.03. (A) There is hereby created the
sewage | 725 |
|
treatment system technical advisory committee consisting of
the | 726 |
director of health or the director's designee and tenthirteen | 727 |
|
members
who
are knowledgeable about sewage treatment systems and | 728 |
|
technologies. The director or the director's designee shall serve | 729 |
|
as committee secretary and may vote on actions taken by the | 730 |
committee.
Of the tenthirteen members, fourfive shall be | 731 |
appointed
by
the governor,
threefour shall be appointed
by | 732 |
the president
of
the senate, and
threefour shall be appointed | 733 |
|
by
the speaker
of
the house of
representatives. | 734 |
| (1) Of the members appointed by the governor, one shall | 735 |
|
represent academia and shall be active in teaching or research in | 736 |
|
the area of on-site wastewater treatment, one shall be a | 737 |
|
representative of the public
who is not employed by the state or | 738 |
|
any of its political
subdivisions and who does not have a | 739 |
pecuniary interest in
household sewage treatment systems, one | 740 |
shall be ana registered professional engineer fromemployed by | 741 |
the environmental protection agency, and one shall be selected | 742 |
|
from among soil scientists in the division of soil and water | 743 |
|
conservation in the department of natural resources, and one shall | 744 |
|
be a representative of a statewide organization representing | 745 |
|
townships. | 746 |
| (2) Of the members appointed by the president of the senate, | 747 |
|
one shall be a health commissioner who is a member of and | 748 |
|
recommended by the association of Ohio health commissioners, one | 749 |
shall represent the interests of manufacturers of household sewage | 750 |
treatment systems, and one shall represent installers and service | 751 |
|
providers, and one shall be a person with demonstrated experience | 752 |
|
in the design of sewage treatment systems. | 753 |
| (3) Of the members appointed by the speaker of the house of | 754 |
|
representatives, one shall be a health commissioner who is a | 755 |
|
member of and recommended by the association of Ohio health | 756 |
|
commissioners, one shall represent the interests of manufacturers | 757 |
of household sewage treatment systems, and one shall be a | 758 |
|
sanitarian who is registered under Chapter 4736. of the Revised | 759 |
|
Code and who is a member of the Ohio environmental health | 760 |
|
association, and one shall be a registered professional engineer | 761 |
|
with experience in sewage treatment systems. | 762 |
| Members may be reappointed. Vacancies shall be filled in the | 768 |
|
same manner as provided for original appointments. Any member | 769 |
|
appointed to fill a vacancy occurring prior to the expiration date | 770 |
|
of the term for which the member was appointed shall hold office | 771 |
|
for the remainder of that term. A member shall continue to serve | 772 |
|
after the expiration date of the member's term until the member's | 773 |
|
successor is appointed or until a period of sixty days has | 774 |
|
elapsed, whichever occurs first. The applicable
appointing | 775 |
|
authority may remove a member
from the committee for
failure to | 776 |
|
attend two consecutive meetings
without showing good
cause for | 777 |
|
the absences. | 778 |
(5) By January 1, 2008, provide the household sewage and | 822 |
small flow on-site sewage treatment system study commission | 823 |
created by Am. Sub. H.B. 119 of the 127th general assembly with a | 824 |
list of available alternative systems and the estimated cost of | 825 |
each systemReview and, at the option of the committee, submit | 826 |
|
comments regarding the proposed adoption, amendment, or rescission | 827 |
|
of rules under division (A) of section 3718.02 of the
Revised | 828 |
|
Code. | 829 |
|
(G) The chairperson of the committee shall prepare and | 830 |
|
submit an annual report concerning the activities of the | 831 |
|
committee to the general assembly not later than ninety days after | 832 |
|
the end of the calendar year. The report shall discuss the number | 833 |
|
of applications submitted under section 3718.04 of the Revised | 834 |
|
Code for the approval of a new sewage treatment system or a | 835 |
|
component of a system, the number of such systems and components | 836 |
|
that were approved, any information that the committee considers | 837 |
|
beneficial to the general assembly, and any other information that | 838 |
|
the chairperson determines is beneficial to the general
assembly. | 839 |
|
If other members of the committee determine
that certain | 840 |
|
information should be included in the report, they shall submit | 841 |
|
the information to the
chairperson not later than thirty days | 842 |
|
after the end of the
calendar year. | 843 |
| Sec. 3718.04. (A) A manufacturer seeking approval for the | 849 |
| installation and
use of a sewage treatment system or a component | 850 |
|
of a
system in this state that differs in design or function from | 851 |
|
systems or components of systems the use of which is authorized in | 852 |
|
rules adopted under section 3718.02 of the Revised Code shall | 853 |
|
request an application form from the
department of health. The | 854 |
|
applicant shall complete the form and
include with it all of the | 855 |
|
information that is required by the department and the sewage | 856 |
|
treatment system technical advisory committee. The applicant
shall | 857 |
|
submit a completed application and all required information
to the | 858 |
|
director of health. | 859 |
| (B) Upon receipt of an application, the director shall | 860 |
|
examine the application and all accompanying information to | 861 |
|
determine if the application is complete. If the director | 862 |
|
determines that the application is not complete, the director | 863 |
shall notify the applicant not later than fourteensixty days | 864 |
after determiningsubmission of the application that the | 865 |
|
application is not
complete, provide a description of the | 866 |
|
information that is missing
from the application, and return the | 867 |
|
application and all
accompanying information to the applicant. The | 868 |
|
applicant may
resubmit the application to the director if the | 869 |
|
application includes the information that was identified by the | 870 |
director. Not later than fourteenthirty days after receipt of a | 871 |
|
complete application, the director shall notify the committee of | 872 |
|
the complete application and send a copy of the complete | 873 |
|
application and all accompanying information to the committee | 874 |
together with a request that the committee adviserecommend that | 875 |
the director on the approvalapprove or disapproval ofdisapprove | 876 |
|
the system. | 877 |
| Not later than ninety days after receipt of a complete | 878 |
|
application, the committee shall recommend approval or disapproval | 879 |
|
of the application and submit its recommendation in writing to the | 880 |
|
director. The director shall approve or disapprove the application | 881 |
|
not later than sixty days after the committee submits its | 882 |
|
recommendation to the director or, if the committee fails to | 883 |
|
recommend approval or disapproval within the required time, not | 884 |
|
later than one hundred twenty days after the submission of a | 885 |
|
complete application. If the director fails to approve or | 886 |
|
disapprove an application within the required time, the | 887 |
|
application shall be deemed approved. | 888 |
| (C) In approving or disapproving an
application, the director | 889 |
shall use the standards and, guidelines, and protocols
that the | 890 |
|
committee developed with the department for that purpose. The | 891 |
|
director shall not approve an application that fails
to comply | 892 |
with those standards and, guidelines, and protocols. If the | 893 |
committee advisesrecommends approval or disapproval of an | 894 |
application, the director concerning the application, the director | 895 |
shall consider the advicecommittee's recommendation before | 896 |
approving or disapproving the application. However, ifIf the | 897 |
|
committee fails to provide advice or if the committee fails to | 898 |
provide advice within a reasonable period of time before the | 899 |
director is required to approve or disapprove the application | 900 |
| recommend approval or disapproval of the application within the | 901 |
|
required time, the director may approve or disapprove the | 902 |
application without considering the advice of the committee. Not | 903 |
later than ninety days after receipt of a complete application, | 904 |
the director shall approve or disapprove the application in | 905 |
writing. If the director fails to approve or disapprove the | 906 |
application within that ninety-day period, the application shall | 907 |
be deemed approvedThe director shall establish and include any | 908 |
|
appropriate terms and conditions with the approval of a sewage | 909 |
|
treatment system or component of a system for use in this state. | 910 |
|
For purposes of establishing soil absorption specifications for a | 911 |
|
sewage treatment system, the terms and conditions shall include | 912 |
|
standards regarding the sizing of the system. | 913 |
|
(D) If the director approves an application under this | 914 |
|
section, the director shall notify the applicant in writing. The | 915 |
|
director also shall notify boards of health in accordance with
the | 916 |
|
procedures established in rules adopted under section 3718.02
of | 917 |
|
the Revised Code that the sewage treatment system or component of | 918 |
|
a system that is the subject of the application is approved for | 919 |
|
statewide use. If the director disapproves an application
under | 920 |
|
this section, the director shall notify the applicant in
writing | 921 |
|
and provide a brief explanation for the disapproval. | 922 |
| Sec. 3718.041. An installer or manufacturer of a sewage | 938 |
|
treatment system or component of a system the use of which has | 939 |
|
been authorized in rules adopted under section 3718.02 of the | 940 |
|
Revised Code may request from the director of health a written | 941 |
|
statement acknowledging that the system or component of a system | 942 |
|
is approved for use in this state and that the approval is | 943 |
|
equivalent in all respects to the approval of a system or | 944 |
|
component of a system under section 3718.04 of the Revised Code. | 945 |
|
The director may approve or deny such a request as the director | 946 |
|
determines appropriate. | 947 |
|
(C) Review and approve or disapprove rules proposed by
boards | 955 |
|
of health under division (B) of section 3718.02 of the
Revised | 956 |
|
Code. The director shall not disapprove a proposed rule unless the | 957 |
|
director determines that the proposed rule conflicts with this | 958 |
|
chapter or rules adopted under section 3718.02 of the Revised Code | 959 |
|
by the public health council or fails to promote public health or | 960 |
|
environmental protection. If the director disapproves a proposed | 961 |
|
rule, the director shall provide a written explanation of the | 962 |
|
director's disapproval to the board of health that proposed the | 963 |
|
rule. | 964 |
| Sec. 3718.06. (A)(1) A board of health shall establish fees | 983 |
|
in accordance with section 3709.09 of the Revised Code for the | 984 |
|
purpose of carrying out its duties under this chapter and rules | 985 |
adopted under it, including a feefees for an installation permit | 986 |
| permits, operation permits, and alteration permits
issued by the | 987 |
|
board. All fees so established and
collected by the
board shall | 988 |
|
be deposited in a special fund of the
district to be
used | 989 |
|
exclusively by the board in carrying out those
duties. | 990 |
|
(2) In accordance with Chapter 119. of the Revised Code, the | 991 |
|
public health council may establish by rule a fee to be collected | 992 |
|
from applicants for installation permits, operation permits, and | 993 |
|
alteration permits issued
under rules
adopted under this chapter. | 994 |
|
The director of health
shall use not more than seventy-five per | 995 |
|
cent of the
proceeds from
that fee for administering and | 996 |
|
enforcing this
chapter and the
rules adopted under it by the | 997 |
|
council. The director shall use not
less than twenty-five per | 998 |
|
cent of the proceeds from that fee to
establish a program in | 999 |
|
cooperation with boards of health to
fund installation and | 1000 |
|
evaluation of sewage treatment system new
technology pilot | 1001 |
|
projects through grants or other agreements. In the selection of | 1002 |
|
pilot projects, the
director shall consult with the sewage | 1003 |
|
treatment system technical
advisory committee. A board of
health | 1004 |
|
shall collect the fee at the
same time that it collects the
fee | 1005 |
|
established by it under
division (A)(1) of this section for | 1006 |
|
installation, operation, and alteration
permits. | 1007 |
|
Not later than sixty days after the last day of the month in | 1008 |
|
which an installation, operation, or alteration permit is issued, | 1009 |
|
a board
shall certify the
amount collected under division (A)(2) | 1010 |
|
of this
section and
transmit the amount to the treasurer of | 1011 |
|
state. All
money so
received shall be deposited in the state | 1012 |
|
treasury to the
credit of
the general operations fund created in | 1013 |
|
section
3701.83
of the
Revised Code. The director shall use the | 1014 |
money so credited
solely
for the administration and enforcement | 1015 |
of this chapter and
the
rules adopted under it by the public | 1016 |
health councilas
required by this section. | 1017 |
|
(B) The director may submit recommendations to the public | 1018 |
|
health council
regarding the amount of the fee collected under | 1019 |
|
division (A)(2) of
this section for installation, operation, and | 1020 |
|
alteration
permits. When making the
recommendations, the director | 1021 |
|
shall
submit a report stating the
current and projected expenses | 1022 |
|
of
administering and enforcing this
chapter and the rules adopted | 1023 |
under it by the counciland of the sewage treatment system new | 1024 |
|
technology pilot projects program established under
this section | 1025 |
|
and the
total of all money that has been deposited to
the credit | 1026 |
|
of the
general operations fund under division (A)(2) of
this | 1027 |
|
section. The
director may include in the report any | 1028 |
|
recommendations for
modifying the requirements established under | 1029 |
|
this chapter and the
rules adopted under it by the council. | 1030 |
| Sec. 3718.09. (A) A board of health may issue, modify, | 1031 |
|
suspend, or revoke enforcement orders to a registration or permit | 1032 |
|
holder or other person directing the holder or person to abate a | 1033 |
|
violation of this chapter, any rule adopted or order issued under | 1034 |
|
it, or a condition of a registration or permit issued under it | 1035 |
|
within a specified, reasonable time. If an order issued under
this | 1036 |
|
division is neglected or disregarded, the applicable board of | 1037 |
|
health may proceed in accordance with section 3707.02 of the | 1038 |
|
Revised Code. | 1039 |
|
(B) The health commissioner or the commissioner's designated | 1040 |
|
representative, without prior notice or hearing and in accordance | 1041 |
|
with the rules of the public health council, may issue an | 1042 |
|
emergency order requiring any action necessary to meet a public | 1043 |
|
health emergency or to prevent or abate an imminent and | 1044 |
|
substantial threat to surface water or ground water regarding | 1045 |
|
domestic septage
management or
regarding a sewage treatment | 1046 |
|
system that is being
operated in a manner that does not comply | 1047 |
|
with this chapter or
rules adopted under it. A person to whom | 1048 |
|
such an
emergency order
is issued immediately shall comply with | 1049 |
|
the order.
A person so
ordered may apply to the issuer of the | 1050 |
|
order for a
hearing, which
shall be held as soon as possible, | 1051 |
|
but
not later
than twenty days
after the issuer's receipt of the | 1052 |
|
application for
a hearing. | 1053 |
| Sec. 6117.51. If the board of health of the health
district | 1060 |
|
within which a new public sewer construction project is
proposed | 1061 |
|
or located passes a resolution stating that the reason
for the | 1062 |
|
project is to reduce or eliminate an existing
health problem or a | 1063 |
|
hazard of water pollution, the board of county
commissioners of | 1064 |
|
the county, by resolution, may order the owner of any
premises | 1065 |
|
located in a
sewer district in the county, the owner's agent, | 1066 |
|
lessee, or
tenant, or
any other occupant of the premises to | 1067 |
|
connect the premises to
the sewer for the purpose of discharging | 1068 |
|
sewage or other waste
that the board determines is originating on | 1069 |
|
the premises, to make
use of the connection, and to cease the | 1070 |
|
discharge of the sewage
or other waste into a cesspool, ditch, | 1071 |
|
private sewer, privy,
septic tank, semipublic disposal system as | 1072 |
|
defined in division
(B)(1)(a) of section 3709.085 of the Revised | 1073 |
|
Code, or other
outlet if the board finds that the sewer is | 1074 |
|
available for use and
is accessible to the premises following a | 1075 |
|
determination and
certification to the board by a registered | 1076 |
|
professional engineer
designated by it as to the availability and | 1077 |
|
accessibility of the
sewer. This section does not apply to any of | 1078 |
|
the following: | 1079 |
| (E) Any dwelling house located on property that is listed on | 1096 |
|
the county's agricultural land tax list as being valued for tax | 1097 |
|
purposes as land devoted exclusively to agricultural use under | 1098 |
|
section 5713.31 of the Revised Code, when the foundation wall of | 1099 |
the dwelling house is twothree hundred feet or less from the | 1100 |
|
nearest boundary of the right-of-way within which the sewer is | 1101 |
|
located, if both of the following also apply: | 1102 |
| An owner, agent, lessee, tenant, or occupant shall comply | 1113 |
|
with the order of the board within ninety days after the | 1114 |
|
completion of service of the order upon that person as
provided in | 1115 |
|
this section. The board, upon written application
filed prior to | 1116 |
|
the expiration of the ninety-day period, may waive compliance with | 1117 |
|
any order either temporarily or permanently and conditionally or | 1118 |
|
unconditionally. | 1119 |
| In its resolution, the board shall direct its clerk, or the | 1120 |
|
clerk's designee, to serve its order upon the owner, agent, | 1121 |
|
lessee,
tenant, or occupant. Service of the order shall be made | 1122 |
|
personally, by leaving the order at the usual place of residence | 1123 |
|
with a person of suitable age and discretion then residing | 1124 |
|
therein, or by certified mail addressed to the owner, agent, | 1125 |
|
lessee, tenant, or occupant at that person's last known
address or | 1126 |
|
to the
address to which tax bills are sent. If it appears by the | 1127 |
|
return
of service or the return of the order forwarded by | 1128 |
|
certified mail
that the owner, agent, lessee, tenant, or occupant | 1129 |
|
cannot be
found, that person shall be served by publication of the | 1130 |
|
order once in a
newspaper of general circulation within the | 1131 |
|
county, or if that
person refuses service, that person shall be | 1132 |
|
served by
ordinary mail addressed to that person's last known | 1133 |
|
address or to the address to which tax
bills are sent. The return | 1134 |
|
of the person serving the order or a
certified copy of the return, | 1135 |
|
or a returned receipt for the order
forwarded by certified mail | 1136 |
|
accepted by the addressee or anyone
purporting to act for the | 1137 |
|
addressee, is prima-facie evidence
of the service
of the order | 1138 |
|
under this section. The return of the person
attempting to serve | 1139 |
|
the order, or the return to the sender of the
order forwarded by | 1140 |
|
certified mail with an indication on the
return of the refusal of | 1141 |
|
the addressee to accept delivery, is
prima-facie evidence of the | 1142 |
|
refusal of service. | 1143 |
| No owner, agent, lessee, tenant, or occupant shall violate
an | 1144 |
|
order issued under this section. Upon request of the board,
the | 1145 |
|
prosecuting attorney shall prosecute in a court of competent | 1146 |
|
jurisdiction any owner, agent, lessee, tenant, or occupant who | 1147 |
|
violates an order issued under this section. Each day that a | 1148 |
|
violation continues after conviction for the violation of an
order | 1149 |
|
issued under this section and the final determination
thereof is a | 1150 |
|
separate offense. The court, for good cause
shown, may grant a | 1151 |
|
reasonable additional period of time for
compliance after | 1152 |
|
conviction. | 1153 |
| Any owner, agent, lessee, tenant, or occupant violating an | 1154 |
|
order issued under this section also may be enjoined from | 1155 |
|
continuing in violation. Upon request of the board, the | 1156 |
|
prosecuting attorney shall bring an action in a court of
competent | 1157 |
|
jurisdiction for an injunction against the owner,
agent, lessee, | 1158 |
|
tenant, or occupant violating an order. | 1159 |
| The Ohio water development authority created under section | 1160 |
|
6121.02 of the Revised Code, in addition to its other powers, has | 1161 |
|
the same power and shall be governed by the same procedures in a | 1162 |
|
waste water facilities service area, or in any area adjacent to a | 1163 |
|
public sewer operated by the authority, as a board of county | 1164 |
|
commissioners in a county sewer district under this section, | 1165 |
|
except that the authority shall act by order, and the attorney | 1166 |
|
general, upon request of the authority, shall prosecute any
person | 1167 |
|
who violates an order of the authority issued under this
section. | 1168 |
| Section 6. The purpose of Section 5 of this act is to provide | 1181 |
|
for reinstating the operation of sections 3718.02, 3718.05, | 1182 |
|
3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 | 1183 |
|
of the Revised Code on the effective date of this act rather than | 1184 |
|
on July 1, 2009, as provided in Section 120.01 of Am. Sub. H.B. | 1185 |
|
119
of the 127th General Assembly. | 1186 |
| Sec. 711.05. (A) Upon the submission of a plat for approval, | 1192 |
|
in accordance with section 711.041 of the Revised Code, the board | 1193 |
|
of county commissioners shall certify on it the date of
the | 1194 |
|
submission. Within five days of submission of the plat, the
board | 1195 |
|
shall schedule a meeting to consider the plat and send a
written | 1196 |
|
notice by regular mail to
the fiscal officer of the board of | 1197 |
|
township trustees of the township in
which the plat is located and | 1198 |
|
the board of health of the health district in which the plat is | 1199 |
|
located. The notice shall inform the trustees
and the board of | 1200 |
|
health of the submission of the plat and of the date, time, and | 1201 |
|
location
of any meeting at which the board of county commissioners | 1202 |
|
will
consider or act upon the proposed plat. The meeting shall | 1203 |
|
take
place within thirty days of submission of the plat, and no | 1204 |
|
meeting shall be held until at least seven days have passed from | 1205 |
|
the date the notice was sent by the board of county
commissioners. | 1206 |
|
The approval of the board required by section
711.041 of the | 1207 |
|
Revised Code or the refusal to approve shall take
place within | 1208 |
|
thirty days from the date of submission or such
further time as | 1209 |
|
the applying party may agree to in writing;
otherwise, the plat is | 1210 |
|
deemed approved and may be recorded as if
bearing such approval. | 1211 |
| (B) The board may adopt general rules
governing plats and | 1212 |
|
subdivisions of land falling within its
jurisdiction, to secure | 1213 |
|
and provide for the coordination of the
streets within the | 1214 |
|
subdivision with existing streets and roads or
with existing | 1215 |
|
county highways, for the proper amount of open
spaces for traffic, | 1216 |
|
circulation, and utilities, and for the
avoidance of future | 1217 |
|
congestion of population detrimental to the
public health, safety, | 1218 |
|
or welfare, but shall not impose a greater
minimum lot area than | 1219 |
|
forty-eight hundred square feet.
Before the board may amend or | 1220 |
|
adopt rules, it shall notify all the townships in the county of | 1221 |
|
the proposed amendments or rules by regular mail at least thirty | 1222 |
|
days before the public meeting at which the proposed amendments
or | 1223 |
|
rules are to be considered. | 1224 |
| The rules
may require the board of health
to review and | 1225 |
|
comment
on a plat before the board of county
commissioners acts | 1226 |
|
upon it
and may also require proof of
compliance with any | 1227 |
applicable
zoning resolutions, and with
household
sewage | 1228 |
|
treatment rules adopted under section 3718.02 of
the Revised | 1229 |
|
Code, as a
basis for approval of a plat. Where under
section | 1230 |
|
711.101 of the Revised Code the board of county
commissioners has | 1231 |
|
set up standards and specifications for the
construction of | 1232 |
|
streets, utilities, and other improvements for
common use, the | 1233 |
|
general rules may require the submission of
appropriate plans and | 1234 |
|
specifications for approval. The board
shall
not require the | 1235 |
|
person submitting the plat to alter the
plat or
any part of it as | 1236 |
|
a condition for approval, as long as
the plat is
in accordance | 1237 |
|
with general rules governing plats and
subdivisions
of land, | 1238 |
|
adopted by the board as provided in this
section, in
effect at | 1239 |
|
the time the plat was submitted and the
plat is in
accordance | 1240 |
|
with any standards and specifications set
up under
section | 1241 |
|
711.101 of the Revised Code, in effect at the
time the
plat was | 1242 |
|
submitted. | 1243 |
| (C) The ground of
refusal to approve
any plat, submitted in | 1244 |
|
accordance with section 711.041 of the
Revised Code, shall be | 1245 |
|
stated upon the record of the board, and,
within sixty days | 1246 |
|
thereafter, the person submitting any plat
that the board refuses | 1247 |
|
to approve may file a petition in
the
court of common pleas of the | 1248 |
|
county in which the land described
in the plat is situated to | 1249 |
|
review the action of the board.
A
board of township trustees is | 1250 |
|
not entitled to appeal a decision
of the board of county | 1251 |
|
commissioners under this section. | 1252 |
| Sec. 711.10. (A) Whenever a county planning commission or a | 1253 |
|
regional planning commission adopts a plan for the major streets | 1254 |
|
or highways of the county or region, no plat of a
subdivision of | 1255 |
|
land within the county or region, other than land
within a | 1256 |
|
municipal corporation or land within three miles of a
city or one | 1257 |
|
and one-half miles of a village as provided in
section 711.09 of | 1258 |
|
the Revised Code, shall be recorded until it is
approved by the | 1259 |
|
county or regional planning commission
under division (C) of this | 1260 |
|
section and the
approval is endorsed in writing on the plat. | 1261 |
| (B)
A county or regional planning commission may require the | 1262 |
|
submission of a preliminary plan for each plat sought to be | 1263 |
|
recorded. If the
commission requires this submission, it shall | 1264 |
|
provide for a review process
for the preliminary plan. Under this | 1265 |
|
review process, the planning commission
shall give its approval, | 1266 |
|
its approval with conditions, or its disapproval of
each | 1267 |
|
preliminary plan. The commission's decision shall be in writing, | 1268 |
|
shall
be under the signature of the secretary of the commission, | 1269 |
|
and shall be issued
within thirty-five business days after the | 1270 |
|
submission of the preliminary plan to
the
commission. The | 1271 |
|
disapproval of a preliminary plan shall state the reasons for
the | 1272 |
|
disapproval. A decision of the commission under this division is | 1273 |
|
preliminary to and separate from the commission's decision to | 1274 |
|
approve,
conditionally approve, or refuse to approve a plat under | 1275 |
|
division (C)
of this section. | 1276 |
|
(C) Within five calendar days
after
the submission of a plat | 1277 |
|
for
approval
under this division, the county or regional
planning | 1278 |
|
commission shall schedule a meeting to consider the plat
and send | 1279 |
|
a notice by regular mail or by electronic mail
to the fiscal | 1280 |
|
officer of the
board of
township trustees of the
township in which | 1281 |
|
the plat is
located and the board of health of the health district | 1282 |
|
in which the plat is located. The notice
shall
inform the trustees | 1283 |
|
and the board of health of the submission
of the plat and of
the | 1284 |
|
date, time, and location of any meeting at
which the county
or | 1285 |
|
regional planning commission will consider or
act upon the
plat. | 1286 |
|
The meeting shall take place within
thirty
calendar days
after | 1287 |
|
submission of the plat, and no
meeting shall be held
until at | 1288 |
|
least seven calendar days have passed from
the date the
planning | 1289 |
|
commission sent the notice. | 1290 |
| The approval of the
county or regional planning commission, | 1291 |
|
the commission's conditional approval as described in this | 1292 |
|
division,
or the refusal
of the commission to approve shall be | 1293 |
|
endorsed on the plat within
thirty
calendar days after
the | 1294 |
|
submission of the plat for approval
under this division or
within | 1295 |
|
such further time as the applying party may agree to in
writing; | 1296 |
|
otherwise that plat is deemed approved, and the
certificate of the
| 1297 |
|
commission as to the date of the
submission of the plat for | 1298 |
|
approval
under this division and the
failure to take
action on it | 1299 |
|
within that time shall
be sufficient
in lieu of
the written | 1300 |
|
endorsement or evidence of approval
required by this
division. | 1301 |
| A county or regional planning commission
may grant | 1302 |
|
conditional approval under this division to a plat by
requiring a | 1303 |
|
person submitting the plat to alter the plat or any
part of it, | 1304 |
|
within a specified period after the end of the thirty
calendar | 1305 |
|
days, as a condition for
final approval
under
this division.
Once | 1306 |
|
all the conditions have
been met within the specified period, the | 1307 |
|
commission shall cause
its final approval under this division to | 1308 |
|
be endorsed
on the plat.
No
plat shall be recorded until it is | 1309 |
|
endorsed with the
commission's final or
unconditional approval | 1310 |
|
under this division. | 1311 |
| The
ground of refusal of approval of any plat submitted
under | 1312 |
|
this division, including
citation of or reference to the rule | 1313 |
|
violated by the plat, shall
be stated upon the record of the | 1314 |
|
county or regional planning commission. Within sixty calendar days | 1315 |
|
after
the refusal
under this division, the person submitting any | 1316 |
|
plat
that the
commission refuses to approve
under this
division | 1317 |
|
may
file a petition in the court of common pleas of the
proper | 1318 |
|
county,
and the proceedings on the petition shall be
governed by | 1319 |
|
section 711.09
of the Revised Code as in the case of
the refusal | 1320 |
|
of a planning
authority to approve a plat. A board of
township | 1321 |
|
trustees is not
entitled to appeal a decision of the
commission | 1322 |
|
under this
division. | 1323 |
| A county or regional planning commission shall adopt
general | 1324 |
|
rules, of uniform application, governing plats and
subdivisions of | 1325 |
|
land falling within its jurisdiction, to secure
and provide for | 1326 |
|
the proper arrangement of streets or other
highways in relation to | 1327 |
|
existing or planned streets or highways
or to the county or | 1328 |
|
regional plan, for adequate and convenient
open spaces for | 1329 |
|
traffic, utilities, access of
firefighting
apparatus, recreation, | 1330 |
|
light, and air, and for the avoidance of
congestion of population. | 1331 |
|
The rules may provide for their
modification by the
commission in | 1332 |
|
specific cases where unusual
topographical and
other exceptional | 1333 |
|
conditions require the
modification. The
rules may require the | 1334 |
|
board of
health to review and
comment on a plat
before the
| 1335 |
|
commission acts upon it and
also may
require proof of
compliance | 1336 |
with any applicable zoning resolutions, and with
household sewage | 1337 |
|
treatment rules adopted under section
3718.02 of
the Revised | 1338 |
|
Code,
as a basis for approval of a
plat. | 1339 |
| Before adoption of its rules or amendment of its
rules,
the | 1340 |
|
commission shall hold a public
hearing
on the
adoption or | 1341 |
|
amendment. Notice of the public
hearing shall be
sent to all | 1342 |
|
townships in the county or region by
regular mail or electronic | 1343 |
|
mail at least thirty business days before the
hearing. No
county | 1344 |
|
or regional planning commission shall adopt
any rules
requiring | 1345 |
|
actual construction of streets or other
improvements or
facilities | 1346 |
|
or assurance of that construction as a
condition
precedent to the | 1347 |
|
approval of a plat of a subdivision
unless
the requirements have | 1348 |
|
first been adopted by the board of
county
commissioners after a | 1349 |
|
public hearing.
A copy of the rules
shall be certified by the | 1350 |
|
planning commission to the county
recorders
of the appropriate | 1351 |
|
counties. | 1352 |
| After a county or regional street
or highway plan has been | 1353 |
|
adopted as provided in this section, the
approval of plats and | 1354 |
|
subdivisions provided for in this section
shall be in lieu of any | 1355 |
|
approvals provided for in other sections
of the Revised Code,
| 1356 |
|
insofar as the territory within the approving
jurisdiction of
the | 1357 |
|
county or regional planning commission, as
provided in this | 1358 |
|
section, is concerned. Approval of a plat shall
not be an | 1359 |
|
acceptance by the public of the dedication of any
street, highway, | 1360 |
|
or other way or open space shown upon the plat. | 1361 |
| A county or regional planning commission and a city or | 1368 |
|
village planning commission, or platting commissioner or | 1369 |
|
legislative authority of a village, with subdivision regulation | 1370 |
|
jurisdiction over unincorporated territory within the county or | 1371 |
|
region may cooperate and agree by written agreement that the | 1372 |
|
approval of a plat by the city or village planning commission, or | 1373 |
|
platting commissioner or legislative authority of a village, as | 1374 |
|
provided in section 711.09 of the Revised Code, shall be | 1375 |
|
conditioned upon receiving advice from or approval by the county | 1376 |
|
or regional planning commission. | 1377 |
| Section 12. This act is hereby declared to be an emergency | 1409 |
|
measure necessary for the immediate preservation of the public | 1410 |
|
peace, health, and safety. The reason for such necessity is that | 1411 |
|
provisions of law that were suspended by the enactment of Am. Sub. | 1412 |
|
H.B. 119 of the 127th General Assembly are scheduled to be | 1413 |
|
reinstated on July 1, 2009, and this act is necessary to revise | 1414 |
|
the
law governing sewage treatment systems prior to that date. | 1415 |
|
Therefore, this act shall go into immediate effect. | 1416 |
