| Sec. 709.023. (A) A petition filed under section 709.021 of | 10 |
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the Revised Code that requests to follow this section is for the | 11 |
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special procedure of annexing land into a municipal corporation | 12 |
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when, subject to division (H) of this section, the land also is | 13 |
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not to be excluded from the township under section 503.07 of the | 14 |
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Revised Code. The owners who sign this petition by their signature | 15 |
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expressly waive their right to appeal in law or equity from the | 16 |
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board of county commissioners' entry of any resolution under this | 17 |
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section, waive any rights they may have to sue on any issue | 18 |
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relating to a municipal corporation requiring a buffer as provided | 19 |
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in this section, and waive any rights to seek a variance that | 20 |
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would relieve or exempt them from that buffer requirement. | 21 |
| The petition circulated to collect signatures for the special | 22 |
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procedure in this section shall contain in boldface capital | 23 |
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letters immediately above the heading of the place for signatures | 24 |
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on each part of the petition the following: "WHOEVER SIGNS THIS | 25 |
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PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY | 26 |
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FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION | 27 |
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PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT | 28 |
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OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS | 29 |
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DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE." | 30 |
| (B) Upon the filing of the petition in the office of the | 31 |
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clerk of the board of county commissioners, the clerk shall cause | 32 |
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the petition to be entered upon the board's journal at its next | 33 |
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regular session. This entry shall be the first official act of the | 34 |
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board on the petition. Within five days after the filing of the | 35 |
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petition, the agent for the petitioners shall notify in the manner | 36 |
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and form specified in this division the clerk of the legislative | 37 |
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authority of the municipal corporation to which annexation is | 38 |
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proposed, the fiscal officer of each township any portion of which | 39 |
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is included within the territory proposed for annexation, the | 40 |
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clerk of the board of county commissioners of each county in which | 41 |
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the territory proposed for annexation is located other than the | 42 |
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county in which the petition is filed, and the owners of property | 43 |
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adjacent to the territory proposed for annexation or adjacent to a | 44 |
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road that is adjacent to that territory and located directly | 45 |
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across that road from that territory. The notice shall refer to | 46 |
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the time and date when the petition was filed and the county in | 47 |
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which it was filed and shall have attached or shall be accompanied | 48 |
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by a copy of the petition and any attachments or documents | 49 |
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accompanying the petition as filed. | 50 |
| Notice to a property owner is sufficient if sent by regular | 51 |
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United States mail to the tax mailing address listed on the county | 52 |
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auditor's records. Notice to the appropriate government officer | 53 |
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shall be given by certified mail, return receipt requested, or by | 54 |
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causing the notice to be personally served on the officer, with | 55 |
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proof of service by affidavit of the person who delivered the | 56 |
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notice. Proof of service of the notice on each appropriate | 57 |
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government officer shall be filed with the board of county | 58 |
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commissioners with which the petition was filed. | 59 |
| (C) Within twenty days after the date that the petition is | 60 |
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filed, the legislative authority of the municipal corporation to | 61 |
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which annexation is proposed shall adopt an ordinance or | 62 |
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resolution stating what services the municipal corporation will | 63 |
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provide, and an approximate date by which it will provide them, to | 64 |
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the territory proposed for annexation, upon annexation. The | 65 |
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municipal corporation is entitled in its sole discretion to | 66 |
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provide to the territory proposed for annexation, upon annexation, | 67 |
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services in addition to the services described in that ordinance | 68 |
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or resolution. | 69 |
| If the territory proposed for annexation is subject to zoning | 70 |
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regulations adopted under either Chapter 303. or 519. of the | 71 |
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Revised Code at the time the petition is filed, the legislative | 72 |
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authority of the municipal corporation also shall adopt an | 73 |
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ordinance or resolution stating that, if the territory is annexed | 74 |
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and becomes subject to zoning by the municipal corporation and | 75 |
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that municipal zoning permits uses in the annexed territory that | 76 |
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the municipal corporation determines are clearly incompatible with | 77 |
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the uses permitted under current county or township zoning | 78 |
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regulations in the adjacent land remaining within the township | 79 |
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from which the territory was annexed, the legislative authority of | 80 |
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the municipal corporation will require, in the zoning ordinance | 81 |
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permitting the incompatible uses, the owner of the annexed | 82 |
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territory to provide a buffer separating the use of the annexed | 83 |
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territory and the adjacent land remaining within the township. For | 84 |
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the purposes of this section, "buffer" includes open space, | 85 |
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landscaping, fences, walls, and other structured elements; streets | 86 |
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and street rights-of-way; and bicycle and pedestrian paths and | 87 |
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sidewalks. | 88 |
| (D) Within twenty-five days after the date that the petition | 95 |
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is filed, the legislative authority of the municipal corporation | 96 |
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to which annexation is proposed and each township any portion of | 97 |
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which is included within the territory proposed for annexation may | 98 |
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adopt and file with the board of county commissioners an ordinance | 99 |
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or resolution consenting or objecting to the proposed annexation. | 100 |
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An objection to the proposed annexation shall be based solely upon | 101 |
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the petition's failure to meet the conditions specified in | 102 |
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division (E) of this section. | 103 |
| If the municipal corporation and each of those townships | 104 |
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timely files an ordinance or resolution consenting to the proposed | 105 |
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annexation, the board at its next regular session shall enter upon | 106 |
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its journal a resolution granting the proposed annexation. If, | 107 |
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instead, the municipal corporation or any of those townships files | 108 |
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an ordinance or resolution that objects to the proposed | 109 |
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annexation, the board of county commissioners shall proceed as | 110 |
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provided in division (E) of this section. Failure of the municipal | 111 |
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corporation or any of those townships to timely file an ordinance | 112 |
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or resolution consenting or objecting to the proposed annexation | 113 |
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shall be deemed to constitute consent by that municipal | 114 |
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corporation or township to the proposed annexation. | 115 |
| (7) If a street or highway will be divided or segmented by | 140 |
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the boundary line between the township and the municipal | 141 |
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corporation as to create a road maintenance problem, the municipal | 142 |
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corporation to which annexation is proposed has agreed as a | 143 |
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condition of the annexation to assume the maintenance of that | 144 |
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street or highway or to otherwise correct the problem. As used in | 145 |
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this section, "street" or "highway" has the same meaning as in | 146 |
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section 4511.01 of the Revised Code. | 147 |
| (F) Not less than thirty or more than forty-five days after | 148 |
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the date that the petition is filed, if the petition is not | 149 |
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granted under division (D) of this section, the board of county | 150 |
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commissioners, if it finds that each of the conditions specified | 151 |
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in division (E) of this section has been met, shall enter upon its | 152 |
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journal a resolution granting the annexation. If the board of | 153 |
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county commissioners finds that one or more of the conditions | 154 |
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specified in division (E) of this section have not been met, it | 155 |
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shall enter upon its journal a resolution that states which of | 156 |
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those conditions the board finds have not been met and that denies | 157 |
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the petition. | 158 |
| (G) If a petition is granted under division (D) or (F) of | 159 |
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this section, the clerk of the board of county commissioners shall | 160 |
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proceed as provided in division (C)(1) of section 709.033 of the | 161 |
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Revised Code, except that no recording or hearing exhibits would | 162 |
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be involved. There is no appeal in law or equity from the board's | 163 |
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entry of any resolution under this section, but any party may seek | 164 |
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a writ of mandamus to compel the board of county commissioners to | 165 |
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perform its duties under this section. | 166 |
(H) Notwithstanding anything to the contrary in section | 167 |
503.07 of the Revised Code,Except as provided in division (K) of | 168 |
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this section, and unless otherwise provided in an annexation | 169 |
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agreement entered into pursuant to section 709.192 of the Revised | 170 |
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Code or in a cooperative economic development agreement entered | 171 |
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into pursuant to section 701.07 of the Revised Code, territory | 172 |
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annexed into a municipal corporation pursuant to this section | 173 |
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shall not at any time be excluded from the township under section | 174 |
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503.07 of the Revised Code and, thus, remains subject to the | 175 |
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township's real property taxes, notwithstanding anything to the | 176 |
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contrary in that section. | 177 |
| (I) Any owner of land that remains within a township and that | 178 |
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is adjacent to territory annexed pursuant to this section who is | 179 |
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directly affected by the failure of the annexing municipal | 180 |
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corporation to enforce compliance with any zoning ordinance it | 181 |
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adopts under division (C) of this section requiring the owner of | 182 |
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the annexed territory to provide a buffer zone, may commence in | 183 |
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the court of common pleas a civil action against that owner to | 184 |
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enforce compliance with that buffer requirement whenever the | 185 |
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required buffer is not in place before any development of the | 186 |
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annexed territory begins. | 187 |
| (2) Notwithstanding division (K)(1) of this section, a tax | 199 |
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levied for a purpose described in division (I), (J), (U), or (JJ) | 200 |
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of section 5705.19 of the Revised Code shall be levied in an | 201 |
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annexed territory for the tax year in which the petition is | 202 |
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granted under division (D) or (F) of this section with respect to | 203 |
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the territory and for the four tax years thereafter, provided that | 204 |
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the levy was in effect on the date the petition was granted, and | 205 |
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provided that, if the levy is renewed or replaced under Chapter | 206 |
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5705. of the Revised Code after that date, the renewal or | 207 |
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replacement levy shall be levied in the annexed territory only if | 208 |
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the requirement of division (K)(1) of this section is met. | 209 |