SENATORS Schuler, Dann, Roberts, Robert Gardner

To amend sections 303.02, 505.48, 505.50, 507.021,

1

507.03, 507.04, and 519.02 and to enact sections

2

303.161, 505.07, 505.482, 505.721, and 519.171 of

3

the Revised Code to require that the township

4

clerk personally attend certain meetings of the

5

board of township trustees, to set minimum amounts

6

for township clerk bonds, to permit certain boards

7

of township trustees to request copies of township

8

records, to authorize a township clerk to hire one

9

or more assistants, to provide for the expansion

10

by ballot measure of certain township police

11

districts into township-wide police districts with

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authority to levy a tax for the newly created

13

police districts, to authorize joint ambulance

14

districts to establish reasonable user charges for

15

their services that may vary among resident and

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nonresident users, to expand the purposes for

17

which boards of county commissioners and township

18

trustees may adopt zoning resolutions to include

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the purposes of the public's convenience, comfort,

20

prosperity, and general welfare, to expand county

21

and township zoning power to include landscaping

22

standards and certain architectural standards in

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residential zones, to authorize counties and

24

townships to create architectural review boards to

25

enforce those landscaping and architectural

26

standards, and to authorize the settlement of

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township court actions by consent decrees or

28

settlement agreements that may include specified

29

agreements or approvals and that may be required

30

to be the subject of specific public notice and

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oppportunity for public objection.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 303.02, 505.48, 505.50, 507.021,	33
507.03, 507.04, and 519.02 be amended and sections 303.161,	34
505.07, 505.482, 505.721, and 519.171 of the Revised Code be	35
enacted to read as follows:	36

Sec. 303.02. ForExcept as otherwise provided in this	37
section, in the purposeinterest of promoting the public health,	38
safety, and moralsconvenience, comfort, prosperity, or general	39
welfare, the board of county commissioners may, in accordance with	40
a comprehensive plan, regulate by resolution the location, height,	41
bulk, number of stories, and size of buildings and other	42
structures, including tents, cabins, and trailer coaches,	43
percentages of lot areas whichthat may be occupied, set back	44
building lines, sizes of yards, courts, and other open spaces, the	45
density of population, the uses of buildings and other structures,	46
including tents, cabins, and trailer coaches, and the uses of land	47
for trade, industry, residence, recreation, or other purposes in	48
the unincorporated territory of suchthe county, and establish	49
reasonable residential landscaping standards and residential	50
architectural standards, excluding exterior building materials,	51
for the unincorporated territory of the county and, for suchall	52
these purposes, the board may divide all or any part of the	53
unincorporated territory of the county into districts or zones of	54
such number, shape, and area as the board determines. All such	55
regulations shall be uniform, for each class or kind of building	56
or other structure or use, throughout any district or zone, but	57
the regulations in one district or zone may differ from those in	58
other districts or zones.	59

For any activities permitted and regulated under Chapter	60
1509., 1513., or 1514. of the Revised Code and any related	61
processing activities, the board of county commissioners may	62
regulate under the authority conferred by this section only in the	63
interest of public health or safety.	64

Sec. 303.161. The board of county commissioners may create an	65
architectural review board to enforce compliance with any zoning	66
standards it may adopt pertaining to landscaping or architectural	67
elements in areas zoned for residential use. The board of county	68
commissioners shall adopt the standards and procedures for the	69
architectural review board to use in reviewing zoning permit	70
applications for compliance with those landscaping or	71
architectural standards. If the board of county commissioners does	72
not create an architectural review board, it may delegate this	73
enforcement authority to the zoning inspector or the zoning	74
commission.	75

An architectural review board shall consist of no more than	76
five residents of the county. At least one member shall be a	77
licensed architect or engineer.	78

Sec. 505.07. Notwithstanding any contrary provision in	79
another section of the Revised Code, section 519.12 of the Revised	80
Code, or any vote of the electors on a petition for zoning	81
referendum, a township may settle any court action by a consent	82
decree or court approved settlement agreement which may include an	83
agreement to rezone any property involved in the action as	84
provided in the decree or court approved settlement agreement	85
without following the procedures in section 519.12 of the Revised	86
Code and also may include township approval of a development plan	87
for any property involved in the action as provided in the decree	88
or court approved settlement agreement, provided that the court	89
makes specific findings of fact that notice has been properly made	90
pursuant to this section, the plaintiff in the action has	91
presented credible prima facie evidence in the form of an expert	92
report from a planner, property economist, or real estate	93
appraiser supporting the plaintiff's claim that the current zoning	94
is invalid or unconstitutional, and the consent decree or court	95
approved settlement agreement is fair and reasonable.	96

If the subject of the consent decree or court approved	97
settlement agreement involves a zoning issue subject to referendum	98
under section 519.12 of the Revised Code, the board of township	99
trustees shall publish notice of their intent to meet and consider	100
and take action on the decree or court approved settlement	101
agreement and the date and time of the meeting in a newspaper of	102
general circulation in the township at least fifteen days before	103
the meeting. The board shall permit members of the public to	104
express their objections to the consent decree or court approved	105
settlement agreement at the meeting. Copies of the proposed	106
consent decree or court approved settlement agreement shall be	107
available to the public at the township clerk's office during	108
normal business hours.	109

At least ten days prior to the submission of a proposed	110
consent decree to the court for its review and consideration, the	111
plaintiff in the action involving the consent decree shall publish	112
a notice which shall include the case, case number, and court in	113
which the decree will be filed, intention of the parties therein	114
to file a consent decree in that case, and a description of the	115
real property involved and the proposed change in zoning or	116
permitted use, in a newspaper of general circulation in the	117
township where that real property is located.	118

An elector in the township involving the property in	119
litigation who circulated the petition for zoning referendum	120
relating to the current zoning of the property has the right to	121
intervene in a case in which the decree or court approved	122
settlement agreement is pending solely for the purpose of	123
challenging the sufficiency of the evidence submitted pursuant to	124
this section and the adequacy of the notice given pursuant to this	125
section. Any other members of the electorate may intervene only if	126
permitted by the court pursuant to division (B) of Civil Rule 24	127
and solely for the purpose of challenging the sufficiency of the	128
evidence submitted pursuant to this section and the adequacy of	129
the notice given pursuant to this section.	130

Sec. 505.48.  (A) The board of township trustees of any	131
township may, by resolution adopted by two-thirds of the members	132
of the board, create a township police district comprised of all	133
or a portion of the unincorporated territory of the township as	134
the resolution may specify. If the township police district does	135
not include all of the unincorporated territory of the township,	136
the resolution creating the township police district shall contain	137
a complete and accurate description of the territory of the	138
district and a separate and distinct name for the district. The	139

At any time not less than one hundred twenty days after a	140
township police district is created and operative, the territorial	141
limits of the district may be altered in the manner provided in	142
division (B) of this section or, if applicable, as provided in	143
section 505.482 of the Revised Code.	144

(B) Except as otherwise provided in section 505.482 of the	145
Revised Code, the territorial limits of thea township police	146
district may be altered by a resolution adopted by a two-thirds	147
vote of the board of township trustees at any time one hundred	148
twenty days or more after the district has been created and is	149
operative. If the township police district imposes a tax, any	150
territory proposed for addition to the district shall become part	151
of the district only after all of the following have occurred:	152

(1) Adoption by two-thirds vote of the board of township	153
trustees of a resolution approving the expansion of the	154
territorial limits of the district;	155

(2) Adoption by a two-thirds vote of the board of township	156
trustees of a resolution recommending the extension of the tax to	157
the additional territory;	158

(3) Approval of the tax by the electors of the territory	159
proposed for addition to the district.	160

Each resolution of the board adopted under division (A)(B)(2)	161
of this section shall state the name of the township police	162
district, a description of the territory to be added, and the rate	163
and termination date of the tax, which shall be the rate and	164
termination date of the tax currently in effect in the police	165
district.	166

(B) The board of trustees shall certify each resolution	167
adopted under division (A)(B)(2) of this section to the board of	168
elections in accordance with section 5705.19 of the Revised Code.	169
The election required under division (A)(B)(3) of this section	170
shall be held, canvassed, and certified in the manner provided for	171
the submission of tax levies under section 5705.25 of the Revised	172
Code, except that the question appearing on the ballot shall read:	173

"Shall the territory within ..........................	174
(description of the proposed territory to be added) be added to	175
................ (name) township police district, and a property	176
tax at a rate of taxation not exceeding .......... (here insert	177
tax rate) be in effect for .......... (here insert the number of	178
years the tax is to be in effect or "a continuing period of time,"	179
as applicable)?" If	180

If the question is approved by at least a majority of the	181
electors voting on it, the joinder shall be effective as of the	182
first day of January of the year following approval, and, on that	183
date, the township police district tax shall be extended to the	184
taxable property within the territory that has been added.	185

A township police district comprising only a part of the	186
unincorporated territory of the township shall be given a separate	187
and distinct name in the resolution authorizing its creation.	188

Sec. 505.482. (A) If a township police district does not	189
include all the unincorporated territory of the township, the	190
remaining unincorporated territory of the township may be added to	191
the district by a resolution adopted by a unanimous vote of the	192
board of township trustees to place the issue of expansion of the	193
district on the ballot for the electors of the entire	194
unincorporated territory of the township. The resolution shall	195
state whether the proposed township police district initially will	196
hire personnel as provided in section 505.49 of the Revised Code	197
or contract for the provision of police protection services or	198
additional police protection services as provided in section	199
505.43 or 505.50 of the Revised Code.	200

The ballot measure shall provide for the addition into a new	201
district of all the unincorporated territory of the township not	202
already included in the township police district and for the levy	203
of any tax then imposed by the district throughout the	204
unincorporated territory of the township. The measure shall state	205
the rate of the tax, if any, to be imposed in the district	206
resulting from approval of the measure, which need not be the same	207
rate of any tax imposed by the existing district, and the last	208
year in which the tax will be levied or that it will be levied for	209
a continuous period of time.	210

(B) The election on the measure shall be held, canvassed, and	211
certified in the manner provided for the submission of tax levies	212
under section 5705.25 of the Revised Code, except that the	213
question appearing on the ballot shall read substantially as	214
follows:	215

"Shall the unincorporated territory within ............ (name	216
of the township) not already included within the ........... (name	217
of township police district) be added to the township police	218
district to create the ........... (name of new township police	219
district) township police district?"	220

The name of the proposed township police district shall be	221
separate and distinct from the name of the existing township	222
police district.	223

If a tax is imposed in the existing township police district,	224
the question shall be modified by adding, at the end of the	225
question, the following: ", and shall a property tax be levied in	226
the new township police district, replacing the tax in the	227
existing township police district, at a rate not exceeding	228
......... mills per dollar of taxable valuation, which amounts to	229
......... (rate expressed in dollars and cents per one thousand	230
dollars in taxable valuation), for ....... (number of years the	231
tax will be levied, or "a continuing period of time")."	232

If the measure is not approved by a majority of the electors	233
voting on it, the township police district shall continue to	234
occupy its existing territory until altered as provided in this	235
section or section 505.48 of the Revised Code, and any existing	236
tax imposed under section 505.51 of the Revised Code shall remain	237
in effect in the existing district at the existing rate and for as	238
long as provided in the resolution under the authority of which	239
the tax is levied.	240

Sec. 505.50.  The board of township trustees of a township or	241
a township police district may purchase, lease, lease with an	242
option to purchase, or otherwise acquire any police apparatus,	243
equipment, including a public communications system, or materials	244
that the township or township police district requires and may	245
build, purchase, lease, or lease with an option to purchase any	246
building or buildings and site of the building or buildings that	247
are necessary for the police operations of the township or	248
district.	249

The boards of trustees of any two or more contiguous	250
townships, may, by joint agreement, unite in the joint purchase,	251
lease, lease with an option to purchase, maintenance, use, and	252
operation of police equipment for any other police purpose	253
designated in sections 505.48 to 505.55 of the Revised Code, and	254
to prorate the expense of that joint action on terms mutually	255
agreed upon by the trustees in each affected township.	256

The board of trustees of anya township or a township police	257
district may enter into a contract with one or more townships, a	258
municipal corporation, a park district created pursuant to section	259
511.18 or 1545.01 of the Revised Code, or the county sheriff upon	260
any terms that are mutually agreed upon for the provision of	261
police protection services or additional police protection	262
services either on a regular basis or for additional protection in	263
times of emergency. The contract shall be agreed to in each	264
instance by the respective board or boards of township trustees,	265
the board of county commissioners, the board of park	266
commissioners, or the legislative authority of the municipal	267
corporation involved. The contract may provide for a fixed annual	268
charge to be paid at the time agreed upon in the contract.	269

Chapter 2744. of the Revised Code, insofar as it is	270
applicable to the operation of police departments, applies to the	271
contracting political subdivisions and police department members	272
when the members are serving outside their own political	273
subdivision pursuant to such a contract. Police department members	274
acting outside the political subdivision in which they are	275
employed may participate in any pension or indemnity fund	276
established by their employer and are entitled to all the rights	277
and benefits of Chapter 4123. of the Revised Code, to the same	278
extent as while performing services within the political	279
subdivision.	280

Sec. 505.721.  As used in this section, "authorized medicare	281
reimbursement rate" means such rate established for the locality	282
under Title XVIII of the "Social Security Act," 49 Stat. 620	283
(1935), 42 U.S.C.A. 301, as amended.	284

A board of trustees of a joint ambulance district may	285
establish reasonable charges for the use of ambulance or emergency	286
medical services. The board may establish different charges for	287
district residents and nonresidents, and, in its discretion, may	288
waive all or part of the charge for any district resident. The	289
charge for nonresidents shall be an amount not less than the	290
authorized medicare reimbursement rate, except that, if prior to	291
the effective date of this section, the board had different	292
charges for residents and nonresidents and the charge for	293
nonresidents was less than the authorized medicare reimbursement	294
rate, the board may charge nonresidents less than the authorized	295
medicare reimbursement rate.	296

Charges collected under this section shall be kept in a	297
separate fund designated as the ambulance and emergency medical	298
services fund, and shall be appropriated and administered by the	299
board. The moneys in the fund shall be used for the payment of the	300
costs of the management, maintenance, and operation of ambulance	301
and emergency medical services in the district. If ambulance and	302
emergency medical services are discontinued in the district, any	303
balance remaining in the fund shall be allocated in amounts	304
proportionate to the percentage of the district's total population	305
served and paid accordingly into the general funds of the	306
participating political subdivisions.	307

Sec. 507.021. (A) The board of township trustees may employ	308
such number of persons as it finds necessary to provide	309
stenographic and clerical assistance to the township clerk or	310
deputy clerkmay hire and appoint one or more persons as the clerk	311
finds necessary to provide assistance to the township clerk or	312
deputy clerk. The township clerk may set the compensation of those	313
persons subject to the prior approval of the board of township	314
trustees. Those persons shall serve at the pleasure of the	315
township clerk or, in the absence of the clerk, the deputy clerk.	316
The township clerk may delegate to an assistant any of the duties	317
the clerk is otherwise required to perform. The appointment of	318
assistants under this section does not relieve the township clerk	319
of responsibility to discharge the duties of the office but shall	320
serve to provide assistance to the clerk in performing those	321
duties.	322

(B) The compensation of an assistant appointed under this	323
section shall be included in the estimate of contemplated	324
expenditures for the township clerk's office that is submitted to	325
the board of township trustees for approval as provided in section	326
5705.28 of the Revised Code.	327

(C) Before serving, an assistant to the township clerk shall	328
give bond for the faithful discharge of the duties of the office	329
as may be delegated by the clerk. The bond shall be payable to the	330
board of township trustees and shall be for the same sum as	331
required under section 507.03 of the Revised Code for the township	332
clerk, with sureties approved by the board, and conditioned for	333
the faithful performance of duties delegated by the clerk. The	334
bond shall be recorded by the township clerk, filed with the	335
county treasurer, and carefully preserved.	336

Sec. 507.03.  The township clerk, before entering upon the	337
discharge of hisofficial duties, shall give a bond, payable to	338
the board of township trustees, with sureties approved by suchthe	339
board and, in suchthe sum as it determinesdetermined by the	340
board but not less than the sum provided in this section, and	341
conditioned for the faithful performance of histhe duties asof	342
the office of township clerk. SuchThis bond shall be recorded by	343
the clerk, filed with the county treasurer, and carefully	344
preserved.	345

The minimum sum of the township clerk's bond shall be as	346
follows:	347

(A) In a township with a budget of fifty thousand dollars or	348
less, ten thousand dollars;	349

(B) In a township with a budget of more than fifty thousand	350
dollars but not more than one hundred thousand dollars,	351
thirty-five thousand dollars;	352

(C) In a township with a budget of more than one hundred	353
thousand dollars but not more than two hundred fifty thousand	354
dollars, sixty thousand dollars;	355

(D) In a township with a budget of more than two hundred	356
fifty thousand dollars but not more than five hundred thousand	357
dollars, eighty-five thousand dollars;	358

(E) In a township with a budget of more than five hundred	359
thousand dollars but not more than seven hundred fifty thousand	360
dollars, one hundred ten thousand dollars;	361

(F) In a township with a budget of more than seven hundred	362
fifty thousand dollars but not more than one million five hundred	363
thousand dollars, one hundred thirty-five thousand dollars;	364

(G) In a township with a budget of more than one million five	365
hundred thousand dollars but not more than three million five	366
hundred thousand dollars, one hundred sixty thousand dollars;	367

(H) In a township with a budget of more than three million	368
five hundred thousand dollars but not more than six million	369
dollars, one hundred ninety-five thousand dollars;	370

(I) In a township with a budget of more than six million	371
dollars but not more than ten million dollars, two hundred twenty	372
thousand dollars;	373

(J) In a township with a budget of more than ten million	374
dollars, two hundred fifty thousand dollars.	375

Sec. 507.04. (A) The township clerk shall keep an accurate	376
record of the proceedings of the board of township trustees at all	377
of its meetings, and of all its accounts and transactions,	378
including the acceptance of the bonds of township officers. The	379
clerk shall personally attend at least one meeting of the board	380
during each quarter of every year, unless prevented by the	381
occurrence of an emergency from attending.	382

(B) In any township where the clerk does not keep the	383
township's records in a public facility, the board of township	384
trustees, once each quarter of each year, may request the clerk to	385
provide the board with copies of township records for its review.	386
If the board makes such a request, it shall tell the clerk which	387
records it wants copies of by indicating the dates or types of the	388
records it is requesting. A request made under this section does	389
not diminish any trustee's right to inspect township records under	390
division (B) of section 149.43 of the Revised Code.	391

Sec. 519.02. ForExcept as otherwise provided in this	392
section, in the purposeinterest of promoting the public health,	393
safety, and moralsconvenience, comfort, prosperity, or general	394
welfare, the board of township trustees may, in accordance with a	395
comprehensive plan, regulate by resolution the location, height,	396
bulk, number of stories, and size of buildings and other	397
structures, including tents, cabins, and trailer coaches,	398
percentages of lot areas whichthat may be occupied, set back	399
building lines, sizes of yards, courts, and other open spaces, the	400
density of population, the uses of buildings and other structures,	401
including tents, cabins, and trailer coaches, and the uses of land	402
for trade, industry, residence, recreation, or other purposes in	403
the unincorporated territory of suchthe township, and establish	404
reasonable residential landscaping standards and residential	405
architectural standards, excluding exterior building materials,	406
for the unincorporated territory of the township; and, for such	407
all these purposes, the board may divide all or any part of the	408
unincorporated territory of the township into districts or zones	409
of such number, shape, and area as the board determines. All such	410
regulations shall be uniform for each class or kind of building or	411
other structure or use throughout any district or zone, but the	412
regulations in one district or zone may differ from those in other	413
districts or zones.	414

For any activities permitted and regulated under Chapter	415
1509., 1513., or 1514. of the Revised Code and any related	416
processing activities, the board of township trustees may regulate	417
under the authority conferred by this section only in the interest	418
of public health or safety.	419

Sec. 519.171. The board of township trustees may create an	420
architectural review board to enforce compliance with any zoning	421
standards it may adopt pertaining to landscaping or architectural	422
elements in areas zoned for residential use. The board of township	423
trustees shall adopt the standards and procedures for the	424
architectural review board to use in reviewing zoning permit	425
applications for compliance with those landscaping or	426
architectural standards. If the board of township trustees does	427
not create an architectural review board, it may delegate this	428
enforcement authority to the zoning inspector or the zoning	429
commission.	430

An architectural review board shall consist of no more than	431
five residents of the unincorporated territory of the township. At	432
least one member shall be a licensed architect or engineer; if a	433
licensed architect or engineer does not reside in the	434
unincorporated territory of the township, that member of the	435
architectural review board may be a resident of the county.	436

Section 2. That existing sections 303.02, 505.48, 505.50,	437
507.021, 507.03, 507.04, and 519.02 of the Revised Code are hereby	438
repealed.	439

Section 3. It is not the intent of the General Assembly in	440
amending sections 303.02 and 519.02 of the Revised Code in this	441
act to confer any authority on a county or township to preempt	442
state law, including any statute requiring a person to obtain a	443
permit, by including the "general welfare" of the public as a	444
purpose for which a board of county commissioners or board of	445
township trustees may adopt zoning regulations.	446

Section 4. Nothing in this act allows or shall be construed	447
to allow any county or township authority to establish a minimum	448
price for a house or lot.	449