As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 304 5
1997-1998 6
REPRESENTATIVES CLANCY-TAYLOR-SCHULER-VESPER-PADGETT-GARCIA-CATES- 8
WINKLER-TERWILLEGER-BRITTON-OLMAN-BATEMAN-ROMAN-MAIER- 9
VAN VYVEN-SULZER 10
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A B I L L
To amend sections 505.82, 711.091, and 5553.31 of 14
the Revised Code to allow a Board of Township 15
Trustees to adopt a resolution to provide snow 16
removal from undedicated roads, and to require 17
the agreement of a Board of Township Trustees as 18
a condition of acceptance by the Board of County 19
Commissioners or the county engineer of a street 20
that will be a township road. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 505.82, 711.091, and 5553.31 of 24
the Revised Code be amended to read as follows: 25
Sec. 505.82. If a board of township trustees by a 34
unanimous vote, or, in the event of the unavoidable absence of 35
one trustee, by an affirmative vote of two trustees adopts a 36
resolution declaring that an emergency exists which threatens 37
life or property within the unincorporated territory of the 38
township, the board may exercise the following powers for the 39
duration of the emergency: 40
(A) If an owner of an undedicated road in the 42
unincorporated territory of the township has not provided for the 43
removal of snow, ice, debris, or other obstructions from the 44
road, THE BOARD OF TOWNSHIP TRUSTEES MAY ADOPT A RESOLUTION TO 45
provide for such removal. A RESOLUTION ADOPTED UNDER THIS 46
SECTION SHALL EXPIRE NOT LATER THAN SIX MONTHS AFTER IT TAKES 47
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EFFECT. Prior to providing for such removal, the board of 49
township trustees shall give, or make good faith attempt to give, 50
oral notice to the owner of the road of the trustees' intent to 51
clear the road and impose a service charge for doing so. The 52
board shall establish just and equitable service charges for such 53
removal to be paid by the owners of the road. The trustees shall 54
keep a record of the costs incurred by the township in removing 55
snow, ice, debris, or other obstructions from the road. The 56
service charges shall be based on these costs and shall be in an 57
amount sufficient to recover these costs. If 58
(B) IF there is more than one owner of the road, the board 61
shall allocate the service charges among the owners on an 62
equitable basis. The board shall notify, in writing, each owner 63
of the road of the amount of the service charge and CHARGES. IF 64
THE OWNER OF THE ROAD IS THE DEVELOPER OF RESIDENCES OR 65
BUSINESSES SERVICED BY THE ROAD, THE BOARD MAY COMMENCE AN ACTION 66
TO COLLECT THE SERVICE CHARGES UPON ANY PERFORMANCE BOND, OR
OTHER GUARANTEE OR SECURITY FURNISHED BY THE DEVELOPER. IF THE 67
BOARD IS OTHERWISE UNSUCCESSFUL IN COLLECTING THE SERVICE 68
CHARGES, THE BOARD shall certify the charges to the county 69
auditor. The AND THE charges shall constitute a lien upon the 70
property. The auditor shall place the charges on a special 71
duplicate to be collected as other taxes and returned to the 72
township general fund.
(B) Contract (C) IF THE BOARD ADOPTS A RESOLUTION UNDER 74
DIVISION (A) OF THIS SECTION AS A RESULT OF AN EMERGENCY THAT 75
THREATENS LIFE OR PROPERTY, AND IF THE RESOLUTION IS ADOPTED BY A 76
UNANIMOUS VOTE OF THE BOARD, OR, IN THE EVENT OF THE UNAVOIDABLE 77
ABSENCE OF ONE TRUSTEE, BY AN AFFIRMATIVE VOTE OF TWO TRUSTEES, 78
THE BOARD MAY CONTRACT for the immediate acquisition, 79
replacement, or repair of equipment needed for the emergency 80
situation, without following the competitive bidding requirements 81
of section 5549.21 or any other section of the Revised Code. 82
No emergency declared under this section shall remain in 84
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effect for more than five consecutive days unless it is extended, 85
for a period of not more than five days, by a resolution adopted 86
by a unanimous vote of the board, or in the event of the 87
unavoidable absence of one trustee, by an affirmative vote of two 88
trustees. A board may make more than one such extension, but 89
each extension shall require a separate vote. 90
(D) THE REMOVAL OF SNOW, ICE, DEBRIS, OR OTHER 92
OBSTRUCTIONS FROM AN UNDEDICATED ROAD BY A BOARD OF TOWNSHIP 93
TRUSTEES ACTING PURSUANT TO A RESOLUTION ADOPTED UNDER DIVISION 94
(A) OF THIS SECTION DOES NOT CONSTITUTE APPROVAL OR ACCEPTANCE OF 95
THE UNDEDICATED ROAD.
(E) As used in this section, "undedicated road" means a 97
road which THAT has not been approved and accepted by the board 98
of county commissioners and is not a part of the state, county, 100
or township road systems as provided in section 5535.01 of the 101
Revised Code.
Sec. 711.091. The city or village engineer in the case of 110
lands within a city or village, and the county engineer in the 111
case of lands outside of a city or village, shall, upon written 112
request by the owner of the land upon which the A PREVIOUSLY 114
DEDICATED street has been constructed check the construction and 115
if OF THE STREET. IF the engineer finds that such THE street has 117
been constructed in accordance with the specifications set forth 119
on the approved plat, and that such THE street is in good repair, 121
then such THE ENGINEER'S finding, endorsed on the approved plat, 122
shall constitute CONSTITUTES an acceptance of the street for 123
public use by the city, village, or county as the case may be, 125
provided such street has been theretofore duly dedicated.
PROVIDED HOWEVER, IF THE PREVIOUSLY DEDICATED STREET WILL BE A 126
TOWNSHIP ROAD, NO FINDING OF THE COUNTY ENGINEER SHALL CONSTITUTE 127
AN ACCEPTANCE OF THE STREET UNLESS THE BOARD OF TOWNSHIP TRUSTEES 128
OF THE TOWNSHIP OR TOWNSHIPS IN WHICH THE ROAD WILL BE LOCATED OR 129
THE TOWNSHIP HIGHWAY SUPERINTENDENT, IF ONE HAS BEEN APPOINTED, 130
AGREES WITH THE FINDING OF THE COUNTY ENGINEER AND SIGNIFIES THE 131
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AGREEMENT BY AN ENDORSEMENT ON THE APPROVED PLAT.
Sec. 5553.31. Any person may, with (A) WITH the approval 141
of the board of county commissioners, ANY PERSON MAY dedicate 142
lands for road purposes. A definite description of the lands to 145
be dedicated with a plat of such lands thereto attached and
signed by the party dedicating such THE lands, with the approval 147
and acceptance of the board indorsed thereon, shall be placed 149
upon the proper road records of the county in which such road is 151
situated. The board shall not approve and accept the dedication 152
of any land for road purposes until any lien attached to such
land under division (A)(B) of section 505.82 of the Revised Code 153
is satisfied. If the PROPOSAL TO DEDICATE lands so dedicated 155
contemplate FOR ROAD PURPOSES CONTEMPLATES a change in an 156
existing road, the same proceedings shall be had thereon, after 157
the board FIRST SHALL APPROVE AND ACCEPT THE LANDS by proper 158
resolution approves and accepts the lands for such purpose, THEN 160
SHALL PROCEED IN THE SAME MANNER as are IS provided in cases 161
where the board by unanimous vote declares its intention to 162
locate, establish, widen, straighten, vacate, or change the 163
direction of a road without a petition therefor, but otherwise. 164
IN CASES OTHER THAN THOSE CONTEMPLATING A CHANGE IN AN EXISTING 165
ROAD, AND EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, the 166
proposal to dedicate lands for road purposes, together with the 168
acceptance of the grant by the board, constitutes the lands so 169
dedicated a public road, without any further proceedings thereon. 170
(B) IF THE BOARD DOES NOT PLAN TO ESTABLISH AS A COUNTY 172
ROAD A ROAD FOR WHICH A PROPOSAL TO DEDICATE LANDS HAS BEEN MADE 173
UNDER DIVISION (A) OF THIS SECTION, THE BOARD SHALL NOT APPROVE 174
AND ACCEPT THE DEDICATION UNLESS THE BOARD OF TOWNSHIP TRUSTEES 175
OF THE TOWNSHIP OR TOWNSHIPS IN WHICH THE ROAD WILL BE LOCATED OR 176
THE TOWNSHIP HIGHWAY SUPERINTENDENT, IF ONE HAS BEEN APPOINTED, 177
ALSO APPROVES AND ACCEPTS THE DEDICATION. THE BOARD OF TOWNSHIP 178
TRUSTEES OR THE TOWNSHIP HIGHWAY SUPERINTENDENT MAY WITHHOLD
APPROVAL AND ACCEPTANCE ONLY IF THE PLANS AND SPECIFICATIONS OR 179
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THE CONSTRUCTION FAILS TO MEET GENERALLY ACCEPTED ROAD 180
CONSTRUCTION STANDARDS.
Section 2. That existing sections 505.82, 711.091, and 182
5553.31 of the Revised Code are hereby repealed. 183