Am. H. B. No. 277 As Passed by the House

(B) Upon the filing of the petition in the office of the

117

clerk of the board of county commissioners, the clerk shall cause

118

the petition to be entered upon the board's journal at its next

119

regular session. This entry shall be the first official act of the

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board on the petition. Within five days after the filing of the

121

petition, the agent for the petitioners shall notify in the manner

122

and form specified in this division the clerk of the legislative

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authority of the municipal corporation to which annexation is

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proposed, the fiscal officer of each township any portion of which

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is included within the territory proposed for annexation, the

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clerk of the board of county commissioners of each county in which

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the territory proposed for annexation is located other than the

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county in which the petition is filed, and the owners of property

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adjacent to the territory proposed for annexation or adjacent to a

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road that is adjacent to that territory and located directly

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across that road from that territory. The notice shall refer to

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the time and date when the petition was filed and the county in

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which it was filed and shall have attached or shall be accompanied

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by a copy of the petition and any attachments or documents

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accompanying the petition as filed.

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Sec. 709.02. (A) The owners of real estate contiguous to a	11
municipal corporation may petition for annexation to a municipal	12
corporation in the manner provided by sections 709.02 to 709.11 of	13
the Revised Code.	14

(B) Application for annexation shall be made by a petition	15
filed with the clerk of the board of county commissioners of the	16
county in which the territory is located.	17

(3) The name of a person or persons to act as agent for the	35
petitioners. The agent for the petitioners may be an official,	36
employee, or agent of the municipal corporation to which	37
annexation is proposed.	38

(D) At the time of filing the petition for annexation, the	39
agent for the petitioners also shall file with the clerk of the	40
board a list of all tracts, lots, or parcels in the territory	41
proposed for annexation, and all tracts, lots, or parcels located	42
adjacent to that territory or directly across the road from it	43
when the road is adjacent to it, including the name and mailing	44
address of the owner of each tract, lot, or parcel, and the	45
permanent parcel number from the county auditor's permanent parcel	46
numbering system established under section 319.28 of the Revised	47
Code for each tract, lot, or parcel. This list shall not be	48
considered to be a part of the petition for annexation, and any	49
error on the list shall not affect the validity of the petition.	50

(E)(1) As used in this section and in sections ~~709.02~~709.021	51
to 709.21, 709.38, and 709.39 of the Revised Code, "owner" or	52
"owners" means any adult individual who is legally competent, the	53
state or any political subdivision as defined in section 5713.081	54
of the Revised Code, and any firm, trustee, or private	55
corporation, any of which is seized of a freehold estate in land;	56
except that easements and any railroad, utility, street, and	57
highway rights-of-way held in fee, by easement, or by dedication	58
and acceptance are not included within those meanings; and no	59
person, firm, trustee, or private corporation, the state, or any	60
political subdivision, that has become an owner of real estate by	61
a conveyance, the primary purpose of which is to affect the number	62
of owners required to sign a petition for annexation, is included	63
within those meanings. ~~For~~	64

Section 1. That sections 709.02 and 709.023 of the Revised	9
Code be amended to read as follows:	10

(C) The petition required by this section shall contain the	18
following:	19

(1) The signatures of a majority of the owners of real estate	20
in the territory proposed for annexation. The person who signs or	21
the circulator of the petition also shall write the date the	22
signature was made next to the owner's name. No signature obtained	23
more than one hundred eighty days before the date on which the	24
petition is filed shall be counted in determining the number of	25
signers of the petition. Any owner who signed the petition may	26
have the signature removed before the document is filed by	27
delivering a signed statement to the agent for the petitioners	28
expressing the owner's wish to have the signature removed. Upon	29
receiving a signed statement, the agent for the petitioners shall	30
strike through the signature, causing the signature to be deleted	31
from the petition.	32

(2) An accurate legal description of the perimeter and an	33
accurate map or plat of the territory proposed for annexation;	34

(2) For purposes of this section and sections ~~709.02~~709.021,	65
709.022, 709.024 to 709.21, 709.38, and 709.39 of the Revised	66
Code, the state or any political subdivision shall not be	67
considered an owner and shall not be included in determining the	68
number of owners needed to sign a petition unless an authorized	69
agent of the state or the political subdivision signs the	70
petition. The authorized agent for the state shall be the director	71
of administrative services.	72

(3) For purposes of section 709.023 of the Revised Code, the	73
state or any political subdivision shall be considered an owner	74
and shall be included in determining the number of owners needed	75
to sign an annexation petition filed under that section, unless	76
the only real estate in the territory proposed for annexation that	77
is owned by the state or a political subdivision is a road or road	78
right-of-way. Only the director of administrative services, on	79
behalf of the state as an owner, or an authorized agent, on behalf	80
of a political subdivision as an owner, may sign a petition filed	81
under section 709.023 of the Revised Code.	82

(4) An owner is determined as of the date the petition is	83
filed with the board of county commissioners, except that any	84
owner whose signature has been removed from the petition pursuant	85
to division (B) of section 709.023 of the Revised Code shall not	86
be counted as an owner under division (E)(2) of that section. If	87
the owner is a corporation, partnership, business trust, estate,	88
trust, organization, association, group, institution, society,	89
state, or political subdivision, the petition shall be signed by a	90
person who is authorized to sign for that entity. A	91

(5) A person who owns more than one parcel of real estate,	92
either individually or as a tenant in common or by survivorship	93
tenancy, shall be counted as one owner for purposes of this	94
chapter.	95

Sec. 709.023. (A) A petition filed under section 709.021 of	96
the Revised Code that requests to follow this section is for the	97
special procedure of annexing land into a municipal corporation	98
when, subject to division (H) of this section, the land also is	99
not to be excluded from the township under section 503.07 of the	100
Revised Code. The owners who sign this petition by their signature	101
expressly waive their right to appeal in law or equity from the	102
board of county commissioners' entry of any resolution under this	103
section, waive any rights they may have to sue on any issue	104
relating to a municipal corporation requiring a buffer as provided	105
in this section, and waive any rights to seek a variance that	106
would relieve or exempt them from that buffer requirement.	107

The petition circulated to collect signatures for the special	108
procedure in this section shall contain in boldface capital	109
letters immediately above the heading of the place for signatures	110
on each part of the petition the following: "WHOEVER SIGNS THIS	111
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY	112
FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION	113
PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT	114
OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS	115
DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE."	116

Notice to a property owner is sufficient if sent by regular	137
United States mail to the tax mailing address listed on the county	138
auditor's records. Notice to the appropriate government officer	139
shall be given by certified mail, return receipt requested, or by	140
causing the notice to be personally served on the officer, with	141
proof of service by affidavit of the person who delivered the	142
notice. Proof of service of the notice on each appropriate	143
government officer shall be filed with the board of county	144
commissioners with which the petition was filed.	145

Within seven days after the date the agent for the	146
petitioners mails or causes to be personally served the notices	147
required by this division, any property owner who signed the	148
petition may remove the owner's signature from the petition by	149
filing with the clerk of the board of county commissioners a	150
written notice of withdrawal of the owner's signature.	151

(C) Within twenty days after the date that the petition is	152
filed, the legislative authority of the municipal corporation to	153
which annexation is proposed shall adopt an ordinance or	154
resolution stating what services the municipal corporation will	155
provide, and an approximate date by which it will provide them, to	156
the territory proposed for annexation, upon annexation. The	157
municipal corporation is entitled in its sole discretion to	158
provide to the territory proposed for annexation, upon annexation,	159
services in addition to the services described in that ordinance	160
or resolution.	161

If the territory proposed for annexation is subject to zoning	162
regulations adopted under either Chapter 303. or 519. of the	163
Revised Code at the time the petition is filed, the legislative	164
authority of the municipal corporation also shall adopt an	165
ordinance or resolution stating that, if the territory is annexed	166
and becomes subject to zoning by the municipal corporation and	167
that municipal zoning permits uses in the annexed territory that	168
the municipal corporation determines are clearly incompatible with	169
the uses permitted under current county or township zoning	170
regulations in the adjacent land remaining within the township	171
from which the territory was annexed, the legislative authority of	172
the municipal corporation will require, in the zoning ordinance	173
permitting the incompatible uses, the owner of the annexed	174
territory to provide a buffer separating the use of the annexed	175
territory and the adjacent land remaining within the township. For	176
the purposes of this section, "buffer" includes open space,	177
landscaping, fences, walls, and other structured elements; streets	178
and street rights-of-way; and bicycle and pedestrian paths and	179
sidewalks.	180

The clerk of the legislative authority of the municipal	181
corporation to which annexation is proposed shall file the	182
ordinances or resolutions adopted under this division with the	183
board of county commissioners within twenty days following the	184
date that the petition is filed. The board shall make these	185
ordinances or resolutions available for public inspection.	186

(D) Within twenty-five days after the date that the petition	187
is filed, the legislative authority of the municipal corporation	188
to which annexation is proposed and each township any portion of	189
which is included within the territory proposed for annexation may	190
adopt and file with the board of county commissioners an ordinance	191
or resolution consenting or objecting to the proposed annexation.	192
An objection to the proposed annexation shall be based solely upon	193
the petition's failure to meet the conditions specified in	194
division (E) of this section.	195

If the municipal corporation and each of those townships	196
timely files an ordinance or resolution consenting to the proposed	197
annexation, the board at its next regular session shall enter upon	198
its journal a resolution granting the proposed annexation. If,	199
instead, the municipal corporation or any of those townships files	200
an ordinance or resolution that objects to the proposed	201
annexation, the board of county commissioners shall proceed as	202
provided in division (E) of this section. Failure of the municipal	203
corporation or any of those townships to timely file an ordinance	204
or resolution consenting or objecting to the proposed annexation	205
shall be deemed to constitute consent by that municipal	206
corporation or township to the proposed annexation.	207

(E) Unless the petition is granted under division (D) of this	208
section, not less than thirty ornor more than forty-five days	209
after the date that the petition is filed, the board of county	210
commissioners shall review it to determine if each of the	211
following conditions has been met:	212

(1) The petition meets all the requirements set forth in, and	213
was filed in the manner provided in, section 709.021 of the	214
Revised Code.	215

(2) The persons who signed the petition are owners of the	216
real estate located in the territory proposed for annexation and	217
constitute all of the owners of real estate in that territory.	218

(3) The territory proposed for annexation does not exceed	219
five hundred acres.	220

(4) The territory proposed for annexation shares a contiguous	221
boundary with the municipal corporation to which annexation is	222
proposed for a continuous length of at least five per cent of the	223
perimeter of the territory proposed for annexation.	224

(5) The annexation will not create an unincorporated area of	225
the township that is completely surrounded by the territory	226
proposed for annexation.	227

(6) The municipal corporation to which annexation is proposed	228
has agreed to provide to the territory proposed for annexation the	229
services specified in the relevant ordinance or resolution adopted	230
under division (C) of this section.	231

(7) If a street or highway will be divided or segmented by	232
the boundary line between the township and the municipal	233
corporation as to create a road maintenance problem, the municipal	234
corporation to which annexation is proposed has agreed as a	235
condition of the annexation to assume the maintenance of that	236
street or highway or to otherwise correct the problem. As used in	237
this section, "street" or "highway" has the same meaning as in	238
section 4511.01 of the Revised Code.	239

(F) Not less than thirty or more than forty-five days after	240
the date that the petition is filed, if the petition is not	241
granted under division (D) of this section, the board of county	242
commissioners, if it finds that each of the conditions specified	243
in division (E) of this section has been met, shall enter upon its	244
journal a resolution granting the annexation. If the board of	245
county commissioners finds that one or more of the conditions	246
specified in division (E) of this section have not been met, it	247
shall enter upon its journal a resolution that states which of	248
those conditions the board finds have not been met and that denies	249
the petition.	250

(G) If a petition is granted under division (D) or (F) of	251
this section, the clerk of the board of county commissioners shall	252
proceed as provided in division (C)(1) of section 709.033 of the	253
Revised Code, except that no recording or hearing exhibits would	254
be involved. There is no appeal in law or equity from the board's	255
entry of any resolution under this section, but any party may seek	256
a writ of mandamus to compel the board of county commissioners to	257
perform its duties under this section.	258

(H) Notwithstanding anything to the contrary in section	259
503.07 of the Revised Code, unless otherwise provided in an	260
annexation agreement entered into pursuant to section 709.192 of	261
the Revised Code or in a cooperative economic development	262
agreement entered into pursuant to section 701.07 of the Revised	263
Code, territory annexed into a municipal corporation pursuant to	264
this section shall not at any time be excluded from the township	265
under section 503.07 of the Revised Code and, thus, remains	266
subject to the township's real property taxes.	267

(I) Any owner of land that remains within a township and that	268
is adjacent to territory annexed pursuant to this section who is	269
directly affected by the failure of the annexing municipal	270
corporation to enforce compliance with any zoning ordinance it	271
adopts under division (C) of this section requiring the owner of	272
the annexed territory to provide a buffer zone, may commence in	273
the court of common pleas a civil action against that owner to	274
enforce compliance with that buffer requirement whenever the	275
required buffer is not in place before any development of the	276
annexed territory begins.	277

(J) Division (H)(12) of section 718.01 of the Revised Code	278
applies to the compensation paid to persons performing personal	279
services for a political subdivision on property owned by the	280
political subdivision after that property is annexed to a	281
municipal corporation under this section.	282

Section 2. That existing sections 709.02 and 709.023 of the	283
Revised Code are hereby repealed.	284