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| To enact sections 303.024, 307.071, 505.708, 519.023, | 1 |
| 713.16, and 713.17 of the Revised Code to permit | 2 |
| townships, counties, and combinations of certain | 3 |
| political subdivisions to establish transfer of | 4 |
| development rights programs. | 5 |
| Section 1. That sections 303.024, 307.071, 505.708, 519.023, | 6 |
| 713.16, and 713.17 of the Revised Code be enacted to read as | 7 |
| follows: | 8 |
| Sec. 303.024. (A) As used in this section: | 9 |
| (1) "Agricultural easement" and "conservation easement" have | 10 |
| the same meanings as in section 5301.67 of the Revised Code, | 11 |
| except that the easement also shall be a permanent easement | 12 |
| granted under section 5301.68 of the Revised Code and transferred | 13 |
| to an entity specified in section 5301.69 of the Revised Code. | 14 |
| (2) "Development right" means a specified right assigned to a | 15 |
| parcel of property in a sending area that may be transferred from | 16 |
| that property for application and use on property located in a | 17 |
| designated receiving area. "Development right" includes any of the | 18 |
| following: | 19 |
| (a) A variation in the height, bulk, number of stories, and | 20 |
| size of buildings, a variation in the density of population, or a | 21 |
| variation in the square footage of buildings or other structures, | 22 |
| allowed in the receiving area under applicable zoning or | 23 |
| subdivision regulations; | 24 |
| (b) A variation in the number of parking spaces required in | 25 |
| the receiving area under applicable building or parking space | 26 |
| regulations; | 27 |
| (c) A variation in the size of lots, set back building lines, | 28 |
| or sizes of yards and courts of buildings and other structures, a | 29 |
| variation in percentages of lot areas that may be occupied by | 30 |
| buildings and other structures, or a variation in open space | 31 |
| requirements, allowed in the receiving area under applicable | 32 |
| zoning or subdivision regulations; | 33 |
| (d) A variation in utility service tap-in fees or other | 34 |
| utility fees and charges charged in the receiving area by the | 35 |
| county; | 36 |
| (e) A variation in open space requirements in local laws | 37 |
| applicable to the receiving area; or | 38 |
| (f) Any other right that varies the density or intensity of | 39 |
| development in the receiving area or that makes development in the | 40 |
| receiving area economically beneficial. | 41 |
| (3) "Receiving area" means an area of land in the | 42 |
| unincorporated area of the county where development rights | 43 |
| transferred from a sending area may be applied and used. | 44 |
| (4) "Sending area" means an area of land in the | 45 |
| unincorporated area of the county from which assigned development | 46 |
| rights can be transferred for use in a receiving area. | 47 |
| (B) A county may establish a transfer of development rights | 48 |
| program whereby the owners of real property in designated sending | 49 |
| areas in the unincorporated territory of the county may agree to | 50 |
| have their property placed in an agricultural or conservation | 51 |
| easement in exchange for an assignment of development rights to | 52 |
| that property that the owner may transfer for application and use | 53 |
| on real property in a designated receiving area in the | 54 |
| unincorporated territory of the county. The program may be | 55 |
| established only after the county conducts a study and adopts a | 56 |
| plan based upon the results of that study. The study and resulting | 57 |
| plan together shall do all the following: | 58 |
| (1) Determine the purpose for which the program should be | 59 |
| created, which shall be one or more of the following: | 60 |
| (a) Protection of the natural, scenic, agricultural, or open | 61 |
| space qualities of land, or the preservation of natural resources; | 62 |
| (b) Enhancement of sites and areas of special character or | 63 |
| historical, cultural, aesthetic, or economic interest or value; | 64 |
| (c) Encouragement of development in areas deemed appropriate | 65 |
| by the county; or | 66 |
| (d) Protection and management of land, water, and other | 67 |
| natural resources. | 68 |
| (2) Determine the best location for sending areas and | 69 |
| receiving areas to accomplish the purposes of the program and | 70 |
| manage development; | 71 |
| (3) Include a resource assessment to determine which areas | 72 |
| should be preserved or developed to further the purposes of the | 73 |
| program; | 74 |
| (4) Determine what incentives may be used in sending and | 75 |
| receiving areas to make the program more effective; | 76 |
| (5) Determine the nature and quantity of development rights | 77 |
| that may be severed from each sending area and then attached to a | 78 |
| parcel of real property in a receiving area; | 79 |
| (6) Estimate the population and economic growth during the | 80 |
| next ten years in the unincorporated territory of the county and | 81 |
| estimate the development potential of each proposed sending area | 82 |
| and receiving area; | 83 |
| (7) Consider the density and intensity of development allowed | 84 |
| under applicable zoning, building, and other regulations prior to | 85 |
| the implementation of the program; | 86 |
| (8) Estimate the existing and proposed infrastructure | 87 |
| capacity, including services and facilities, in each proposed | 88 |
| receiving area; | 89 |
| (9) In terms of infrastructure, services, and land | 90 |
| availability, ensure that a receiving area is able to accommodate | 91 |
| the density and intensity of development associated with the | 92 |
| amount of development rights that may be applied to it; and | 93 |
| (10) Ensure that the program is consistent with the | 94 |
| comprehensive land use plan that is the basis of the county's | 95 |
| zoning regulations. | 96 |
| (C) The county may establish a transfer of development rights | 97 |
| program by adopting a zoning resolution or amending an existing | 98 |
| zoning resolution. An amendment establishing the program may be | 99 |
| initiated only under section 303.12 of the Revised Code by motion | 100 |
| of the county rural zoning commission or by the passage of a | 101 |
| resolution by the board of county commissioners directing the | 102 |
| zoning commission to develop an amendment. | 103 |
| The zoning resolution or amendment establishing the program | 104 |
| shall establish procedures for when and how the program's | 105 |
| provisions can be applied to property. The zoning resolution or | 106 |
| amendment also shall establish procedures to be used by property | 107 |
| owners for the actual transfer of development rights from property | 108 |
| in a sending area to property in a receiving area. | 109 |
| The regulations imposed by the zoning resolution or amendment | 110 |
| establishing the program need not be uniform for each class or | 111 |
| kind of building or other structure or each use of property | 112 |
| throughout any sending or receiving area, but may vary in order to | 113 |
| accommodate development and provide adequate incentives to | 114 |
| encourage participation in the program. | 115 |
| The zoning resolution or amendment establishing the program | 116 |
| may designate an administrative board to administer transfers of | 117 |
| development rights, which board may be the county rural zoning | 118 |
| commission, the county board of zoning appeals, a county or | 119 |
| regional planning commission, the board of county commissioners, | 120 |
| or a newly created board appointed by the board of county | 121 |
| commissioners. If a new board is created to be the administrative | 122 |
| board, the board shall consist of an odd-number of members, not to | 123 |
| exceed five, who shall serve staggered terms of office. | 124 |
| If the board of county commissioners is the administrative | 125 |
| board for a transfer of development rights program, the board's | 126 |
| actions to effectuate the actual transfer of development rights | 127 |
| are administrative, not legislative, actions that may be appealed | 128 |
| under Chapter 2506. of the Revised Code. | 129 |
| (D) The zoning resolution or amendment establishing a | 130 |
| transfer of development rights program may allow for the creation | 131 |
| of an overlay to the zoning map that establishes specific areas in | 132 |
| the unincorporated territory of the county that may be designated | 133 |
| as sending areas and as receiving areas. Alternatively, the zoning | 134 |
| resolution or amendment itself may designate specific sending | 135 |
| areas or receiving areas as an overlay to the zoning map. A | 136 |
| property owner who desires to have the property owned designated | 137 |
| as a sending area or a receiving area consistent with the land use | 138 |
| plan required by division (B) of this section may apply to have | 139 |
| the zoning resolution amended to include such an overlay to the | 140 |
| zoning map under section 303.12 of the Revised Code. | 141 |
| A designation as either a sending area or a receiving area on | 142 |
| an overlay to the zoning map does not affect the underlying base | 143 |
| zoning, and a property owner retains all rights, privileges, and | 144 |
| obligations related to that underlying base zoning. | 145 |
| (E)(1) The zoning resolution or amendment establishing a | 146 |
| transfer of development rights program may create a transfer of | 147 |
| development rights bank, to be known as a TDR bank, managed by an | 148 |
| advisory board, known as the TDR bank advisory board. The TDR bank | 149 |
| advisory board may be configured in any manner the board of county | 150 |
| commissioners chooses. If the board of county commissioners | 151 |
| creates an administrative board to administer transfers of | 152 |
| development rights, it may designate that administrative board | 153 |
| also to act as the TDR bank advisory board. | 154 |
| (2) If the resolution or amendment creates a TDR bank, it | 155 |
| also shall authorize the bank, through the TDR bank advisory | 156 |
| board, to do the following: | 157 |
| (a) Oversee development and implementation of the transfer of | 158 |
| development rights program; and | 159 |
| (b) Purchase development rights, and sell or convey any | 160 |
| development rights it possesses, as directed by the board of | 161 |
| county commissioners; | 162 |
| (c) Hold indefinitely any development rights it possesses; | 163 |
| (d) Receive donations of development rights; | 164 |
| (e) Facilitate transactions between property owners in | 165 |
| sending and receiving areas through technical assistance and | 166 |
| education; | 167 |
| (f) Monitor conservation or agricultural easements in the | 168 |
| sending area; | 169 |
| (g) Receive funding from the county, proceeds of sales of | 170 |
| development rights, and donations; | 171 |
| (h) Manage the TDR bank fund described in section 307.071 of | 172 |
| the Revised Code; and | 173 |
| (i) If directed to do so by the board of county | 174 |
| commissioners, establish a selling price for development rights it | 175 |
| possesses based on local market forces and extinguish development | 176 |
| rights in its possession in the absence of a buyer in the | 177 |
| receiving area. | 178 |
| (F) The establishment of a transfer of development rights | 179 |
| program and the designation of specific areas as sending areas or | 180 |
| as receiving areas are legislative acts subject to section 303.12 | 181 |
| of the Revised Code. All actions undertaken under an established | 182 |
| transfer of development rights program are administrative actions | 183 |
| subject to appeal under Chapter 2506. of the Revised Code. | 184 |
| (G) If any sending area or receiving area designated in a | 185 |
| county transfer of development rights program includes | 186 |
| unincorporated territory in which no township zoning regulations | 187 |
| or county zoning regulations apply, the board of county | 188 |
| commissioners shall provide written notice to the boards of | 189 |
| township trustees in the townships where that territory is located | 190 |
| to inform the townships that a county transfer of development | 191 |
| rights program has been created that will affect territory in | 192 |
| them. | 193 |
| If any sending area or receiving area designated in a county | 194 |
| transfer of development rights program includes unincorporated | 195 |
| territory in which township zoning regulations apply, the program | 196 |
| cannot be implemented in that territory until a majority of the | 197 |
| board of township trustees adopts a resolution approving the | 198 |
| application of the program in the territory and the resolution is | 199 |
| received by the board of county commissioners. | 200 |
| Sec. 307.071. A county that creates a transfer of development | 201 |
| rights program under section 303.024 of the Revised Code may | 202 |
| establish, as a separate fund in the county treasury, a TDR bank | 203 |
| fund that shall consist of all moneys received in connection with | 204 |
| the county's transfer of development rights program. If a board of | 205 |
| county commissioners establishes a TDR bank fund, the board shall | 206 |
| have responsibility for expenditure of all moneys in the fund in | 207 |
| accordance with the program's provisions, and it also shall | 208 |
| appoint a TDR bank advisory board that shall make recommendations | 209 |
| to the board of county commissioners on the purchase and sale of | 210 |
| development rights under the transfer of development rights | 211 |
| program as well as perform the other functions enumerated in | 212 |
| division (E) of section 303.024 of the Revised Code. | 213 |
| Sec. 505.708. A township that creates a transfer of | 214 |
| development rights program under section 519.023 of the Revised | 215 |
| Code may establish, as a separate fund in the township treasury, a | 216 |
| TDR bank fund that shall consist of all moneys received in | 217 |
| connection with the township's transfer of development rights | 218 |
| program. If a board of township trustees establishes a TDR bank | 219 |
| fund, the board shall have responsibility for expenditure of all | 220 |
| moneys in the fund in accordance with the program's provisions, | 221 |
| and it also shall appoint a TDR bank advisory board that shall | 222 |
| make recommendations to the board of township trustees on the | 223 |
| purchase and sale of development rights under the transfer of | 224 |
| development rights program as well as perform the other functions | 225 |
| enumerated in division (E) of section 519.023 of the Revised Code. | 226 |
| Sec. 519.023. (A) As used in this section: | 227 |
| (1) "Agricultural easement" and "conservation easement" have | 228 |
| the same meanings as in section 5301.67 of the Revised Code, | 229 |
| except that the easement also shall be a permanent easement | 230 |
| granted under section 5301.68 of the Revised Code and transferred | 231 |
| to an entity specified in section 5301.69 of the Revised Code. | 232 |
| (2) "Development right" means a specified right assigned to a | 233 |
| parcel of property in a sending area that may be transferred from | 234 |
| that property for application and use on property located in a | 235 |
| designated receiving area. "Development right" includes any of the | 236 |
| following: | 237 |
| (a) A variation in the height, bulk, number of stories, and | 238 |
| size of buildings, a variation in the density of population, or a | 239 |
| variation in the square footage of buildings or other structures, | 240 |
| allowed in the receiving area under applicable zoning or | 241 |
| subdivision regulations; | 242 |
| (b) A variation in the number of parking spaces required in | 243 |
| the receiving area under applicable building or parking space | 244 |
| regulations; | 245 |
| (c) A variation in the size of lots, set back building lines, | 246 |
| or sizes of yards and courts of buildings and other structures, a | 247 |
| variation in percentages of lot areas that may be occupied by | 248 |
| buildings and other structures, or a variation in open space | 249 |
| requirements, allowed in the receiving area under applicable | 250 |
| zoning or subdivision regulations; | 251 |
| (d) A variation in utility service tap-in fees or other | 252 |
| utility fees and charges charged in the receiving area by a | 253 |
| township that has adopted a limited home rule form of government | 254 |
| under Chapter 504. of the Revised Code; | 255 |
| (e) A variation in open space requirements in local laws | 256 |
| applicable to the receiving area; or | 257 |
| (f) Any other right that varies the density or intensity of | 258 |
| development in the receiving area or that makes development in the | 259 |
| receiving area economically beneficial. | 260 |
| (3) "Receiving area" means an area of land in the | 261 |
| unincorporated area of the township where development rights | 262 |
| transferred from a sending area may be applied and used. | 263 |
| (4) "Sending area" means an area of land in the | 264 |
| unincorporated area of the township from which assigned | 265 |
| development rights can be transferred for use in a receiving area. | 266 |
| (B) A township may establish a transfer of development rights | 267 |
| program whereby the owners of real property in designated sending | 268 |
| areas in the unincorporated territory of the township may agree to | 269 |
| have their property placed in an agricultural or conservation | 270 |
| easement in exchange for an assignment of development rights to | 271 |
| that property that the owner may transfer for application and use | 272 |
| on real property in a designated receiving area in the | 273 |
| unincorporated territory of the township. The program may be | 274 |
| established only after the township conducts a study and adopts a | 275 |
| plan based upon the results of that study. The study and resulting | 276 |
| plan together shall do all the following: | 277 |
| (1) Determine the purpose for which the program should be | 278 |
| created, which shall be one or more of the following: | 279 |
| (a) Protection of the natural, scenic, agricultural, or open | 280 |
| space qualities of land, or the preservation of natural resources; | 281 |
| (b) Enhancement of sites and areas of special character or | 282 |
| historical, cultural, aesthetic, or economic interest or value; | 283 |
| (c) Encouragement of development in areas deemed appropriate | 284 |
| by the township; or | 285 |
| (d) Protection and management of land, water, and other | 286 |
| natural resources. | 287 |
| (2) Determine the best location for sending areas and | 288 |
| receiving areas to accomplish the purposes of the program and | 289 |
| manage development; | 290 |
| (3) Include a resource assessment to determine which areas | 291 |
| should be preserved or developed to further the purposes of the | 292 |
| program; | 293 |
| (4) Determine what incentives may be used in sending and | 294 |
| receiving areas to make the program more effective; | 295 |
| (5) Determine the nature and quantity of development rights | 296 |
| that may be severed from each sending area and then attached to a | 297 |
| parcel of real property in a receiving area; | 298 |
| (6) Estimate the population and economic growth during the | 299 |
| next ten years in the unincorporated territory of the township and | 300 |
| estimate the development potential of each proposed sending area | 301 |
| and receiving area; | 302 |
| (7) Consider the density and intensity of development allowed | 303 |
| under applicable zoning, building, and other regulations prior to | 304 |
| the implementation of the program; | 305 |
| (8) Estimate the existing and proposed infrastructure | 306 |
| capacity, including services and facilities, in each proposed | 307 |
| receiving area; | 308 |
| (9) In terms of infrastructure, services, and land | 309 |
| availability, ensure that a receiving area is able to accommodate | 310 |
| the density and intensity of development associated with the | 311 |
| amount of development rights that may be applied to it; and | 312 |
| (10) Ensure that the program is consistent with the | 313 |
| comprehensive land use plan that is the basis of the township's | 314 |
| zoning regulations. | 315 |
| (C) The township may establish a transfer of development | 316 |
| rights program by adopting a zoning resolution or amending an | 317 |
| existing zoning resolution. An amendment establishing the program | 318 |
| may be initiated only under section 519.12 of the Revised Code by | 319 |
| motion of the township zoning commission or by the passage of a | 320 |
| resolution by the board of township trustees directing the zoning | 321 |
| commission to propose an amendment. | 322 |
| The zoning resolution or amendment establishing the program | 323 |
| shall establish procedures for when and how the program's | 324 |
| provisions can be applied to property. The zoning resolution or | 325 |
| amendment also shall establish procedures to be used by property | 326 |
| owners for the actual transfer of development rights from property | 327 |
| in a sending area to property in a receiving area. | 328 |
| The regulations imposed by the zoning resolution or amendment | 329 |
| establishing the program need not be uniform for each class or | 330 |
| kind of building or other structure or each use of property | 331 |
| throughout any sending or receiving area, but may vary in order to | 332 |
| accommodate development and provide adequate incentives to | 333 |
| encourage participation in the program. | 334 |
| The zoning resolution or amendment establishing the program | 335 |
| may designate an administrative board to administer transfers of | 336 |
| development rights, which board may be the township zoning | 337 |
| commission, the township board of zoning appeals, a county or | 338 |
| regional planning commission, the board of township trustees, or a | 339 |
| newly created board appointed by the board of township trustees. | 340 |
| If a new board is created to be the administrative board, the | 341 |
| board shall consist of an odd-number of members, not to exceed | 342 |
| five, who shall serve staggered terms of office. | 343 |
| If the board of township trustees is the administrative board | 344 |
| for a transfer of development rights program, the board's actions | 345 |
| to effectuate the actual transfer of development rights are | 346 |
| administrative, not legislative, actions that may be appealed | 347 |
| under Chapter 2506. of the Revised Code. | 348 |
| (D) The zoning resolution or amendment establishing a | 349 |
| transfer of development rights program may allow for the creation | 350 |
| of an overlay to the zoning map that establishes specific areas in | 351 |
| the unincorporated territory of the township that may be | 352 |
| designated as sending areas and as receiving areas. Alternatively, | 353 |
| the zoning resolution or amendment itself may designate specific | 354 |
| sending areas or receiving areas as an overlay to the zoning map. | 355 |
| A property owner who desires to have the property owned designated | 356 |
| as a sending area or a receiving area consistent with the land use | 357 |
| plan required by division (B) of this section may apply to have | 358 |
| the zoning resolution amended to include such an overlay to the | 359 |
| zoning map under section 519.12 of the Revised Code. | 360 |
| A designation as either a sending area or a receiving area on | 361 |
| an overlay to the zoning map does not affect the underlying base | 362 |
| zoning, and a property owner retains all rights, privileges, and | 363 |
| obligations related to that underlying base zoning. | 364 |
| (E)(1) The zoning resolution or amendment establishing a | 365 |
| transfer of development rights program may create a transfer of | 366 |
| development rights bank, to be known as a TDR bank, managed by an | 367 |
| advisory board, known as the TDR bank advisory board. The TDR bank | 368 |
| advisory board may be configured in any manner the board of | 369 |
| township trustees chooses. If the board of township trustees | 370 |
| creates an administrative board to administer transfers of | 371 |
| development rights, it may designate that administrative board | 372 |
| also to act as the TDR bank advisory board. | 373 |
| (2) If the resolution or amendment creates a TDR bank, it | 374 |
| also shall authorize the bank, through the TDR bank advisory | 375 |
| board, to do the following: | 376 |
| (a) Oversee development and implementation of the transfer of | 377 |
| development rights program; | 378 |
| (b) Purchase development rights, and sell or convey any | 379 |
| development rights it possesses, as directed by the board of | 380 |
| township trustees; | 381 |
| (c) Hold indefinitely any development rights it possesses; | 382 |
| (d) Receive donations of development rights; | 383 |
| (e) Facilitate transactions between property owners in | 384 |
| sending and receiving areas through technical assistance and | 385 |
| education; | 386 |
| (f) Monitor conservation or agricultural easements in the | 387 |
| sending area; | 388 |
| (g) Receive funding from the township, proceeds of sales of | 389 |
| development rights, and donations; | 390 |
| (h) Manage the TDR bank fund described in section 505.708 of | 391 |
| the Revised Code; and | 392 |
| (i) If directed to do so by the board of township trustees, | 393 |
| establish a selling price for development rights it possesses | 394 |
| based on local market forces and extinguish development rights in | 395 |
| its possession in the absence of a buyer in the receiving area. | 396 |
| (F) The establishment of a transfer of development rights | 397 |
| program and the designation of specific areas as sending areas or | 398 |
| as receiving areas are legislative acts subject to section 519.12 | 399 |
| of the Revised Code. All actions undertaken under an established | 400 |
| transfer of development rights program are administrative actions | 401 |
| subject to appeal under Chapter 2506. of the Revised Code. | 402 |
| Sec. 713.16. (A) As used in this section: | 403 |
| (1) "Agricultural easement" and "conservation easement" have | 404 |
| the same meanings as in section 5301.67 of the Revised Code, | 405 |
| except that the easement also shall be a permanent easement | 406 |
| granted under section 5301.68 of the Revised Code and transferred | 407 |
| to an entity specified in section 5301.69 of the Revised Code. | 408 |
| (2) "Development right" means a specified right assigned to a | 409 |
| parcel of property in a sending area that may be transferred from | 410 |
| that property for application and use on property located in a | 411 |
| designated receiving area. "Development right" includes any of the | 412 |
| following: | 413 |
| (a) A variation in the height, bulk, number of stories, and | 414 |
| size of buildings, a variation in the density of population, or a | 415 |
| variation in the square footage of buildings or other structures, | 416 |
| allowed in the receiving area under applicable zoning or | 417 |
| subdivision regulations; | 418 |
| (b) A variation in the number of parking spaces required in | 419 |
| the receiving area under applicable building or parking space | 420 |
| regulations; | 421 |
| (c) A variation in the size of lots, set back building lines, | 422 |
| or sizes of yards and courts of buildings and other structures, a | 423 |
| variation in percentages of lot areas that may be occupied by | 424 |
| buildings and other structures, or a variation in open space | 425 |
| requirements, allowed in the receiving area under applicable | 426 |
| zoning or subdivision regulations; | 427 |
| (d) A variation in utility service tap-in fees or other | 428 |
| utility fees and charges charged in the receiving area by a | 429 |
| political subdivision; | 430 |
| (e) A variation in open space requirements in local laws | 431 |
| applicable to the receiving area; or | 432 |
| (f) Any other right that varies the density or intensity of | 433 |
| development in the receiving area or that makes development in the | 434 |
| receiving area economically beneficial. | 435 |
| (3) "Receiving area" means an area of land that is within the | 436 |
| territory of one or more political subdivisions participating in a | 437 |
| joint transfer of development rights program where development | 438 |
| rights transferred from a sending area may be applied and used. | 439 |
| (4) "Sending area" means an area of land that is within the | 440 |
| territory of one or more political subdivisions participating in a | 441 |
| joint transfer of development rights program from which assigned | 442 |
| development rights can be transferred for use in a receiving area. | 443 |
| (B) The legislative authority of one or more municipal | 444 |
| corporations, the board of county commissioners of one or more | 445 |
| counties, and the board of township trustees of one or more | 446 |
| townships may enter into a joint agreement to create a joint | 447 |
| transfer of development rights program whereby the owners of real | 448 |
| property in designated sending areas may agree to have their | 449 |
| property placed in an agricultural or conservation easement in | 450 |
| exchange for an assignment of development rights to that property | 451 |
| that the owner may transfer for application and use on real | 452 |
| property in a designated receiving area. The joint agreement shall | 453 |
| establish the parameters of the program and the responsibilities | 454 |
| of each party to the agreement. | 455 |
| (C) If any sending area or receiving area designated in a | 456 |
| joint transfer of development rights program includes | 457 |
| unincorporated territory in a township that is not participating | 458 |
| in the program and in which no township zoning regulations or | 459 |
| county zoning regulations apply, the participating political | 460 |
| subdivisions shall provide written notice to the boards of | 461 |
| township trustees in the townships where that territory is located | 462 |
| to inform the townships that a joint transfer of development | 463 |
| rights program has been created that will affect territory in | 464 |
| them. | 465 |
| If any sending area or receiving area designated in the joint | 466 |
| transfer of development rights program includes unincorporated | 467 |
| territory in which township zoning regulations apply and that | 468 |
| township is not a participating political subdivision in the | 469 |
| program, before the program can be implemented in that territory, | 470 |
| a majority of the board of township trustees of that township must | 471 |
| pass a resolution approving the application of the program in that | 472 |
| territory. | 473 |
| (D) If a joint transfer of development rights program | 474 |
| agreement cannot be implemented without changes to the laws of a | 475 |
| party to the agreement, including changes to a zoning code, that | 476 |
| party may make those changes in accordance with the laws of that | 477 |
| political subdivision if initiated by its legislative authority. | 478 |
| Nothing in such an agreement, however, can compel such changes. If | 479 |
| zoning regulations are changed in order to implement the program, | 480 |
| those regulations need not be uniform for each class or kind of | 481 |
| building or other structure or each use of property throughout any | 482 |
| sending or receiving area, but may vary in order to accommodate | 483 |
| development and provide adequate incentives to encourage | 484 |
| participation in the program. | 485 |
| (E) A joint transfer of development rights program agreement | 486 |
| shall not be in derogation of the powers granted to municipal | 487 |
| corporations by Article XVIII of the Ohio Constitution or any | 488 |
| other provisions of the Ohio Constitution or of a municipal | 489 |
| charter. A joint transfer of development rights program agreement | 490 |
| entered into under this section is in addition to any other | 491 |
| agreements authorized by law between municipal corporations and | 492 |
| counties or between municipal corporations and townships. | 493 |
| Sec. 713.17. (A) A joint transfer of development rights | 494 |
| program created under section 713.16 of the Revised Code shall | 495 |
| have a separate fund in the treasury of one of the participating | 496 |
| political subdivisions that is designated as a TDR bank fund. The | 497 |
| fund shall consist of all moneys received in connection with the | 498 |
| program. Expenditures from the fund shall be made only as provided | 499 |
| in the agreement establishing the program. | 500 |
| (B)(1) The agreement establishing a joint transfer of | 501 |
| development rights program shall provide for a transfer of | 502 |
| development rights bank, to be known as a TDR bank. The TDR bank | 503 |
| shall be managed by a TDR bank advisory board which may be a | 504 |
| municipal, county, or regional planning commission, a zoning | 505 |
| commission, a board of zoning appeals, or a combination of those | 506 |
| entities, or it may be a newly created, appointed board configured | 507 |
| in any manner designated in the agreement. | 508 |
| (2) A TDR bank, through the TDR bank advisory board, shall | 509 |
| make recommendations to the legislative authorities of the | 510 |
| participating political subdivisions on the purchase and sale of | 511 |
| development rights under the program, and may do any or all of the | 512 |
| following: | 513 |
| (a) Oversee development and implementation of the joint | 514 |
| transfer of development rights program; | 515 |
| (b) Purchase development rights, and sell or convey any | 516 |
| development rights it possesses, as directed jointly by the | 517 |
| participating political subdivisions; | 518 |
| (c) Hold indefinitely any development rights it possesses; | 519 |
| (d) Receive donations of development rights; | 520 |
| (e) Facilitate transactions between property owners in | 521 |
| sending and receiving areas through technical assistance and | 522 |
| education; | 523 |
| (f) Monitor conservation or agricultural easements in the | 524 |
| sending area; | 525 |
| (g) Receive funding from participating political | 526 |
| subdivisions, proceeds of sales of development rights, and | 527 |
| donations; | 528 |
| (h) Manage the moneys in the TDR bank fund; or | 529 |
| (i) If directed to do so by the participating political | 530 |
| subdivisions acting jointly, establish a selling price for | 531 |
| development rights it possesses based on local market forces and | 532 |
| extinguish development rights in its possession in the absence of | 533 |
| a buyer in the receiving area. | 534 |