| (1) The signatures of a majority of the owners of real estate | 22 |
|
in the territory proposed for annexation. The person who signs or | 23 |
|
the circulator of the petition also shall write the date the | 24 |
|
signature was made next to the owner's name. No signature obtained | 25 |
|
more than one hundred eighty days before the date on which the | 26 |
|
petition is filed shall be counted in determining the number of | 27 |
|
signers of the petition. Any owner who signed the petition may | 28 |
|
have the signature removed before the document is filed by | 29 |
|
delivering a signed statement to the agent for the petitioners | 30 |
|
expressing the owner's wish to have the signature removed. Upon | 31 |
|
receiving a signed statement, the agent for the petitioners shall | 32 |
|
strike through the signature, causing the signature to be deleted | 33 |
|
from the petition. | 34 |
| (D) At the time of filing the petition for annexation, the | 41 |
|
agent for the petitioners also shall file with the clerk of the | 42 |
|
board a list of all tracts, lots, or parcels in the territory | 43 |
|
proposed for annexation, and all tracts, lots, or parcels located | 44 |
|
adjacent to that territory or directly across the road from it | 45 |
|
when the road is adjacent to it, including the name and mailing | 46 |
|
address of the owner of each tract, lot, or parcel, and the | 47 |
|
permanent parcel number from the county auditor's permanent parcel | 48 |
|
numbering system established under section 319.28 of the Revised | 49 |
|
Code for each tract, lot, or parcel. This list shall not be | 50 |
|
considered to be a part of the petition for annexation, and any | 51 |
|
error on the list shall not affect the validity of the petition. | 52 |
(E)(1) As used in this section and in sections 709.02709.021 | 53 |
|
to 709.21, 709.38, and 709.39 of the Revised Code, "owner" or | 54 |
|
"owners" means any adult individual who is legally competent, the | 55 |
|
state or any political subdivision as defined in section 5713.081 | 56 |
|
of the Revised Code, and any firm, trustee, or private | 57 |
|
corporation, any of which is seized of a freehold estate in land; | 58 |
|
except that easements and any railroad, utility, street, and | 59 |
|
highway rights-of-way held in fee, by easement, or by dedication | 60 |
|
and acceptance are not included within those meanings; and no | 61 |
|
person, firm, trustee, or private corporation, the state, or any | 62 |
|
political subdivision, that has become an owner of real estate by | 63 |
|
a conveyance, the primary purpose of which is to affect the number | 64 |
|
of owners required to sign a petition for annexation, is included | 65 |
within those meanings.
For | 66 |
(2) For purposes of this section and sections 709.02709.021, | 67 |
|
709.022, 709.024 to 709.21, 709.38, and 709.39 of the Revised | 68 |
|
Code, the state or any political subdivision shall not be | 69 |
|
considered an owner and shall not be included in determining the | 70 |
|
number of owners needed to sign a petition unless an authorized | 71 |
|
agent of the state or the political subdivision signs the | 72 |
|
petition. The authorized agent for the state shall be the director | 73 |
|
of administrative services. | 74 |
| (3) For purposes of section 709.023 of the Revised Code, the | 75 |
|
state or any political subdivision shall be considered an owner | 76 |
|
and shall be included in determining the number of owners needed | 77 |
|
to sign an annexation petition filed under that section, unless | 78 |
|
the only real estate in the territory proposed for annexation that | 79 |
|
is owned by the state or a political subdivision is a road or road | 80 |
|
right-of-way. Only the director of administrative services, on | 81 |
|
behalf of the state as an owner, or an authorized agent, on behalf | 82 |
|
of a political subdivision as an owner, may sign a petition filed | 83 |
|
under section 709.023 of the Revised Code. | 84 |
| (4) An owner is determined as of the date the petition is | 85 |
|
filed with the board of county commissioners, except that any | 86 |
|
owner whose signature has been removed from the petition pursuant | 87 |
|
to division (B) of section 709.023 of the Revised Code shall not | 88 |
|
be counted as an owner under division (E)(2) of that section. If | 89 |
|
the owner is a corporation, partnership, business trust, estate, | 90 |
|
trust, organization, association, group, institution, society, | 91 |
|
state, or political subdivision, the petition shall be signed by a | 92 |
person who is authorized to sign for that entity. A | 93 |
| Sec. 709.021. (A) When a petition signed by all of the owners | 98 |
|
of real estate in the unincorporated territory of a township | 99 |
|
proposed for annexation requests the annexation of that territory | 100 |
|
to a municipal corporation contiguous to that territory under one | 101 |
|
of the special procedures provided for annexation in sections | 102 |
|
709.022, 709.023, and 709.024 of the Revised Code, the annexation | 103 |
|
proceedings shall be conducted under those sections to the | 104 |
|
exclusion of any other provisions of this chapter unless otherwise | 105 |
|
provided in this section or the special procedure section chosen. | 106 |
| (B) Application for annexation shall be made by a petition | 107 |
|
filed with the clerk of the board of county commissioners of the | 108 |
|
county in which the territory is located, and the procedures | 109 |
|
contained in divisions (C), (D), and (E) of section 709.02 of the | 110 |
|
Revised Code shall be followed, except that all owners, not just a | 111 |
|
majority of owners, shall sign the petition. To be valid, each | 112 |
|
petition circulated for the special procedure in section 709.022 | 113 |
|
or 709.023 of the Revised Code shall contain the notice provided | 114 |
|
for in division (B) of section 709.022 or division (A) of section | 115 |
|
709.023 of the Revised Code, whichever is applicable. | 116 |
| (D) As used in sections 709.022, 709.023, and 709.024 of the | 121 |
|
Revised Code, "party" or "parties" means the municipal corporation | 122 |
|
to which annexation is proposed, each township any portion of | 123 |
|
which is included within the territory proposed for annexation, | 124 |
| owners of land within the territory proposed for annexation, and | 125 |
|
the agent for the petitioners. | 126 |
| Sec. 709.023. (A) A petition filed under section 709.021 of | 127 |
|
the Revised Code that requests to follow this section is for the | 128 |
|
special procedure of annexing land into a municipal corporation | 129 |
|
when, subject to division (H) of this section, the land also is | 130 |
|
not to be excluded from the township under section 503.07 of the | 131 |
|
Revised Code. The owners who sign this petition by their signature | 132 |
|
expressly waive their right to appeal in law or equity from the | 133 |
|
board of county commissioners' entry of any resolution under this | 134 |
|
section, waive any rights they may have to sue on any issue | 135 |
|
relating to a municipal corporation requiring a buffer as provided | 136 |
|
in this section, and waive any rights to seek a variance that | 137 |
|
would relieve or exempt them from that buffer requirement. | 138 |
| The petition circulated to collect signatures for the special | 139 |
|
procedure in this section shall contain in boldface capital | 140 |
|
letters immediately above the heading of the place for signatures | 141 |
|
on each part of the petition the following: "WHOEVER SIGNS THIS | 142 |
|
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY | 143 |
|
FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION | 144 |
|
PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT | 145 |
|
OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS | 146 |
|
DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE." | 147 |
| (B) Upon the filing of the petition in the office of the | 148 |
|
clerk of the board of county commissioners, the clerk shall cause | 149 |
|
the petition to be entered upon the board's journal at its next | 150 |
|
regular session. This entry shall be the first official act of the | 151 |
|
board on the petition. Within five days after the filing of the | 152 |
|
petition, the agent for the petitioners shall notify in the manner | 153 |
|
and form specified in this division the clerk of the legislative | 154 |
|
authority of the municipal corporation to which annexation is | 155 |
|
proposed, the fiscal officer of each township any portion of which | 156 |
|
is included within the territory proposed for annexation, the | 157 |
|
clerk of the board of county commissioners of each county in which | 158 |
|
the territory proposed for annexation is located other than the | 159 |
|
county in which the petition is filed, and the owners of property | 160 |
|
adjacent to the territory proposed for annexation or adjacent to a | 161 |
|
road that is adjacent to that territory and located directly | 162 |
|
across that road from that territory. The notice shall refer to | 163 |
|
the time and date when the petition was filed and the county in | 164 |
|
which it was filed and shall have attached or shall be accompanied | 165 |
|
by a copy of the petition and any attachments or documents | 166 |
|
accompanying the petition as filed. | 167 |
| Notice to a property owner is sufficient if sent by regular | 168 |
|
United States mail to the tax mailing address listed on the county | 169 |
|
auditor's records. Notice to the appropriate government officer | 170 |
|
shall be given by certified mail, return receipt requested, or by | 171 |
|
causing the notice to be personally served on the officer, with | 172 |
|
proof of service by affidavit of the person who delivered the | 173 |
|
notice. Proof of service of the notice on each appropriate | 174 |
|
government officer shall be filed with the board of county | 175 |
|
commissioners with which the petition was filed. | 176 |
| (C) Within twenty days after the date that the petition is | 183 |
|
filed, the legislative authority of the municipal corporation to | 184 |
|
which annexation is proposed shall adopt an ordinance or | 185 |
|
resolution stating what services the municipal corporation will | 186 |
|
provide, and an approximate date by which it will provide them, to | 187 |
|
the territory proposed for annexation, upon annexation. The | 188 |
|
municipal corporation is entitled in its sole discretion to | 189 |
|
provide to the territory proposed for annexation, upon annexation, | 190 |
|
services in addition to the services described in that ordinance | 191 |
|
or resolution. | 192 |
| If the territory proposed for annexation is subject to zoning | 193 |
|
regulations adopted under either Chapter 303. or 519. of the | 194 |
|
Revised Code at the time the petition is filed, the legislative | 195 |
|
authority of the municipal corporation also shall adopt an | 196 |
|
ordinance or resolution stating that, if the territory is annexed | 197 |
|
and becomes subject to zoning by the municipal corporation and | 198 |
|
that municipal zoning permits uses in the annexed territory that | 199 |
|
the municipal corporation determines are clearly incompatible with | 200 |
|
the uses permitted under current county or township zoning | 201 |
|
regulations in the adjacent land remaining within the township | 202 |
|
from which the territory was annexed, the legislative authority of | 203 |
|
the municipal corporation will require, in the zoning ordinance | 204 |
|
permitting the incompatible uses, the owner of the annexed | 205 |
|
territory to provide a buffer separating the use of the annexed | 206 |
|
territory and the adjacent land remaining within the township. For | 207 |
|
the purposes of this section, "buffer" includes open space, | 208 |
|
landscaping, fences, walls, and other structured elements; streets | 209 |
|
and street rights-of-way; and bicycle and pedestrian paths and | 210 |
|
sidewalks. | 211 |
| (D) Within twenty-five days after the date that the petition | 218 |
|
is filed, the legislative authority of the municipal corporation | 219 |
|
to which annexation is proposed and each township any portion of | 220 |
|
which is included within the territory proposed for annexation may | 221 |
|
adopt and file with the board of county commissioners an ordinance | 222 |
|
or resolution consenting or objecting to the proposed annexation. | 223 |
|
An objection to the proposed annexation shall be based solely upon | 224 |
|
the petition's failure to meet the conditions specified in | 225 |
|
division (E) of this section. | 226 |
| If the municipal corporation and each of those townships | 227 |
|
timely files an ordinance or resolution consenting to the proposed | 228 |
|
annexation, the board at its next regular session shall enter upon | 229 |
|
its journal a resolution granting the proposed annexation. If, | 230 |
|
instead, the municipal corporation or any of those townships files | 231 |
|
an ordinance or resolution that objects to the proposed | 232 |
|
annexation, the board of county commissioners shall proceed as | 233 |
|
provided in division (E) of this section. Failure of the municipal | 234 |
|
corporation or any of those townships to timely file an ordinance | 235 |
|
or resolution consenting or objecting to the proposed annexation | 236 |
|
shall be deemed to constitute consent by that municipal | 237 |
|
corporation or township to the proposed annexation. | 238 |
| (7) If a street or highway will be divided or segmented by | 263 |
|
the boundary line between the township and the municipal | 264 |
|
corporation as to create a road maintenance problem, the municipal | 265 |
|
corporation to which annexation is proposed has agreed as a | 266 |
|
condition of the annexation to assume the maintenance of that | 267 |
|
street or highway or to otherwise correct the problem. As used in | 268 |
|
this section, "street" or "highway" has the same meaning as in | 269 |
|
section 4511.01 of the Revised Code. | 270 |
| (F) Not less than thirty or more than forty-five days after | 271 |
|
the date that the petition is filed, if the petition is not | 272 |
|
granted under division (D) of this section, the board of county | 273 |
|
commissioners, if it finds that each of the conditions specified | 274 |
|
in division (E) of this section has been met, shall enter upon its | 275 |
|
journal a resolution granting the annexation. If the board of | 276 |
|
county commissioners finds that one or more of the conditions | 277 |
|
specified in division (E) of this section have not been met, it | 278 |
|
shall enter upon its journal a resolution that states which of | 279 |
|
those conditions the board finds have not been met and that denies | 280 |
|
the petition. | 281 |
| (G) If a petition is granted under division (D) or (F) of | 282 |
|
this section, the clerk of the board of county commissioners shall | 283 |
|
proceed as provided in division (C)(1) of section 709.033 of the | 284 |
|
Revised Code, except that no recording or hearing exhibits would | 285 |
|
be involved. There is no appeal in law or equity from the board's | 286 |
|
entry of any resolution under this section, but any party may seek | 287 |
|
a writ of mandamus to compel the board of county commissioners to | 288 |
|
perform its duties under this section. | 289 |
| (H) Notwithstanding anything to the contrary in section | 290 |
|
503.07 of the Revised Code, unless otherwise provided in an | 291 |
|
annexation agreement entered into pursuant to section 709.192 of | 292 |
|
the Revised Code or in a cooperative economic development | 293 |
|
agreement entered into pursuant to section 701.07 of the Revised | 294 |
|
Code, territory annexed into a municipal corporation pursuant to | 295 |
|
this section shall not at any time be excluded from the township | 296 |
|
under section 503.07 of the Revised Code and, thus, remains | 297 |
|
subject to the township's real property taxes. | 298 |
| (I) Any owner of land that remains within a township and that | 299 |
|
is adjacent to territory annexed pursuant to this section who is | 300 |
|
directly affected by the failure of the annexing municipal | 301 |
|
corporation to enforce compliance with any zoning ordinance it | 302 |
|
adopts under division (C) of this section requiring the owner of | 303 |
|
the annexed territory to provide a buffer zone, may commence in | 304 |
|
the court of common pleas a civil action against that owner to | 305 |
|
enforce compliance with that buffer requirement whenever the | 306 |
|
required buffer is not in place before any development of the | 307 |
|
annexed territory begins. | 308 |
| (5) On balance, the general good of the territory proposed to | 334 |
|
be annexed will be served, and the benefits to the territory | 335 |
|
proposed to be annexed and the surrounding area will outweigh the | 336 |
|
detriments to the territory proposed to be annexed and the | 337 |
|
surrounding area, if the annexation petition is granted. As used | 338 |
|
in division (A)(5) of this section, "surrounding area" means the | 339 |
|
territory within the unincorporated area of any township located | 340 |
|
one-half mile or less from any of the territory proposed to be | 341 |
|
annexed. | 342 |
| (6) No street or highway will be divided or segmented by the | 343 |
|
boundary line between a township and the municipal corporation as | 344 |
|
to create a road maintenance problem, or, if a street or highway | 345 |
|
will be so divided or segmented, the municipal corporation has | 346 |
|
agreed, as a condition of the annexation, that it will assume the | 347 |
|
maintenance of that street or highway. For the purposes of this | 348 |
|
division, "street" or "highway" has the same meaning as in section | 349 |
|
4511.01 of the Revised Code. | 350 |
| (B) The board of county commissioners shall enter upon its | 351 |
|
journal a resolution granting or denying the petition for | 352 |
|
annexation within thirty days after the hearing provided for in | 353 |
|
section 709.032 of the Revised Code. The resolution shall include | 354 |
|
specific findings of fact as to whether each of the conditions | 355 |
|
listed in divisions (A)(1) to (6) of this section has been met. | 356 |
|
Upon journalization of the resolution, the clerk of the board | 357 |
|
shall send a certified copy of it to the agent for the | 358 |
|
petitioners, the clerk of the legislative authority of the | 359 |
|
municipal corporation to which annexation is proposed, the fiscal | 360 |
|
officer of each township in which the territory proposed for | 361 |
|
annexation is located, and the clerk of the board of county | 362 |
|
commissioners of each county in which the territory proposed for | 363 |
|
annexation is located other than the county in which the petition | 364 |
|
is filed. The clerk of the board shall take no further action | 365 |
|
until the expiration of thirty days after the date of | 366 |
|
journalization. | 367 |
| (1) If the board granted the petition for annexation, the | 372 |
|
clerk shall deliver a certified copy of the entire record of the | 373 |
|
annexation proceedings, including all resolutions of the board, | 374 |
|
signed by a majority of the members of the board, the petition, | 375 |
|
map, and all other papers on file, the recording of the | 376 |
|
proceedings, if a copy is available, and exhibits presented at the | 377 |
|
hearing relating to the annexation proceedings, to the auditor or | 378 |
|
clerk of the municipal corporation to which annexation is | 379 |
|
proposed. | 380 |