(J) "Existing qualified nonprofit corporation" means a | 46 |
nonprofit corporation that existed before the creation of the | 47 |
corresponding district under this chapter, that is composed of | 48 |
members located within or adjacent to the district, that has | 49 |
established a police department under section 1702.80 of the | 50 |
Revised Code, and that is organized for purposes that include | 51 |
acquisition of real property within an area specified by its | 52 |
articles for the subsequent transfer of such property to its | 53 |
members exclusively for charitable, scientific, literary, or | 54 |
educational purposes, or holding and maintaining and leasing such | 55 |
property; planning for and assisting in the development of its | 56 |
members; providing for the relief of the poor and distressed or | 57 |
underprivileged in the area and adjacent areas; combating | 58 |
community deterioration and lessening the burdens of government; | 59 |
providing or assisting others in providing housing for low- or | 60 |
moderate-income persons; and assisting its members by the | 61 |
provision of public safety and security services, parking | 62 |
facilities, transit service, landscaping, and parks. | 63 |
Sec. 1710.02. (A) A special improvement district may be | 97 |
created within the boundaries of any one municipal corporation, | 98 |
any one township, or any combination of contiguous municipal | 99 |
corporations and townships for the purpose of developing and | 100 |
implementing plans for public improvements and public services | 101 |
that benefit the district. A district may be created by petition | 102 |
of the owners of real property within the proposed district, or by | 103 |
an existing qualified nonprofit corporation. If the district is | 104 |
created by an existing qualified nonprofit corporation, the | 105 |
purposes for which the district is created may be supplemental to | 106 |
the other purposes for which the corporation is organized. All | 107 |
territory in a special improvement district shall be contiguous; | 108 |
except that the territory in a special improvement district may be | 109 |
noncontiguous if at least one special energy improvement project | 110 |
or shoreline improvement project is designated for each parcel of | 111 |
real property included within the special improvement district. | 112 |
Additional territory may be added to a special improvement | 113 |
district created under this chapter for the purpose of developing | 114 |
and implementing plans for special energy improvement projects or | 115 |
shoreline improvement projects if at least one special energy | 116 |
improvement project or shoreline improvement project, | 117 |
respectively, is designated for each parcel of real property | 118 |
included within such additional territory and the addition of | 119 |
territory is authorized by the initial plan proposed under | 120 |
division (F) of this section or a plan adopted by the board of | 121 |
directors of the special improvement district under section | 122 |
1710.06 of the Revised Code. | 123 |
The district shall be governed by the board of trustees of a | 124 |
nonprofit corporation. This board shall be known as the board of | 125 |
directors of the special improvement district. No special | 126 |
improvement district shall include any church property, or | 127 |
property of the federal or state government or a county, township, | 128 |
or municipal corporation, unless the church or the county, | 129 |
township, or municipal corporation specifically requests in | 130 |
writing that the property be included within the district, or | 131 |
unless the church is a member of the existing qualified nonprofit | 132 |
corporation creating the district at the time the district is | 133 |
created. A special improvement district created to implement a | 134 |
shoreline improvement project may include property held by the | 135 |
state in trust for the people. More than one district may be | 136 |
created within a participating political subdivision, but no real | 137 |
property may be included within more than one district unless the | 138 |
owner of the property files a written consent with the clerk of | 139 |
the legislative authority, the township fiscal officer, or the | 140 |
village clerk, as appropriate. The area of each district shall be | 141 |
contiguous; except that the area of a special improvement district | 142 |
may be noncontiguous if all parcels of real property included | 143 |
within such area contain at least one special energy improvement | 144 |
thereon or shoreline improvement. | 145 |
(B) Except as provided in division (C) of this section, a | 146 |
district created under this chapter is not a political | 147 |
subdivision. A district created under this chapter shall be | 148 |
considered a public agency under section 102.01 and a public | 149 |
authority under section 4115.03 of the Revised Code. Each member | 150 |
of the board of directors of a district, each member's designee or | 151 |
proxy, and each officer and employee of a district shall be | 152 |
considered a public official or employee under section 102.01 of | 153 |
the Revised Code and a public official and public servant under | 154 |
section 2921.42 of the Revised Code. Districts created under this | 155 |
chapter are not subject to sections 121.81 to 121.83 of the | 156 |
Revised Code. Districts created under this chapter are subject to | 157 |
sections 121.22 and 121.23 of the Revised Code. | 158 |
(E) The articles of incorporation for a nonprofit corporation | 213 |
governing a district created under this chapter and amendments to | 214 |
them shall be submitted to the municipal executive, if any, and | 215 |
the legislative authority of each municipal corporation or | 216 |
township in which the proposed district is to be located. Except | 217 |
in the case of a district created by an existing qualified | 218 |
nonprofit corporation, the articles or amendments shall be | 219 |
accompanied by a petition signed either by the owners of at least | 220 |
sixty per cent of the front footage of all real property located | 221 |
in the proposed district that abuts upon any street, alley, public | 222 |
road, place, boulevard, parkway, park entrance, easement, or other | 223 |
existing public improvement within the proposed district, | 224 |
excluding church property or property owned by the state, county, | 225 |
township, municipal, or federal government, unless a church, | 226 |
county, township, or municipal corporation has specifically | 227 |
requested in writing that the property be included in the | 228 |
district, or by the owners of at least seventy-five per cent of | 229 |
the area of all real property located within the proposed | 230 |
district, excluding church property or property owned by the | 231 |
state, county, township, municipal, or federal government, unless | 232 |
a church, county, township, or municipal corporation has | 233 |
specifically requested in writing that the property be included in | 234 |
the district. Pursuant to Section 2o of Article VIII, Ohio | 235 |
Constitution, the petition required under this division may be for | 236 |
the purpose of developing and implementing plans for special | 237 |
energy improvement projects or shoreline improvement projects, | 238 |
and, in such case, is determined to be in furtherance of the | 239 |
purposes set forth in Section 2o of Article VIII, Ohio | 240 |
Constitution. If a special improvement district is being created | 241 |
under this chapter for the purpose of developing and implementing | 242 |
plans for special energy improvement projects or shoreline | 243 |
improvement projects, the petition required under this division | 244 |
shall be signed by one hundred per cent of the owners of the area | 245 |
of all real property located within the proposed special | 246 |
improvement district, at least one special energy improvement | 247 |
project or shoreline improvement project shall be designated for | 248 |
each parcel of real property within the special improvement | 249 |
district, and the special improvement district may include any | 250 |
number of parcels of real property as determined by the | 251 |
legislative authority of each participating political subdivision | 252 |
in which the proposed special improvement district is to be | 253 |
located. For purposes of determining compliance with these | 254 |
requirements, the area of the district, or the front footage and | 255 |
ownership of property, shall be as shown in the most current | 256 |
records available at the county recorder's office and the county | 257 |
engineer's office sixty days prior to the date on which the | 258 |
petition is filed. | 259 |
Each municipal corporation or township with which the | 260 |
petition is filed has sixty days to approve or disapprove, by | 261 |
resolution, the petition, including the articles of incorporation. | 262 |
In the case of a district created by an existing qualified | 263 |
nonprofit corporation, each municipal corporation or township has | 264 |
sixty days to approve or disapprove the creation of the district | 265 |
after the corporation submits the articles of incorporation or | 266 |
amendments thereto. This chapter does not prohibit or restrict the | 267 |
rights of municipal corporations under Article XVIII of the Ohio | 268 |
Constitution or the right of the municipal legislative authority | 269 |
to impose reasonable conditions in a resolution of approval. The | 270 |
acquisition, installation, equipping, and improvement of a special | 271 |
energy improvement project under this chapter shall not supersede | 272 |
any local zoning, environmental, or similar law or regulation. In | 273 |
addition, all activities associated with a shoreline improvement | 274 |
project that is implemented under this chapter shall comply with | 275 |
all applicable local zoning requirements, all local, state, and | 276 |
federal environmental laws and regulations, and all applicable | 277 |
requirements established in Chapter 1506. of the Revised Code and | 278 |
rules adopted under it. | 279 |
After the initial plan is approved by all municipal | 307 |
corporations and townships to which it is submitted for approval | 308 |
and the district is created, each participating subdivision shall | 309 |
levy a special assessment within its boundaries to pay for the | 310 |
costs of the initial plan. The levy shall be for no more than ten | 311 |
years from the date of the approval of the initial plan; except | 312 |
that if the proceeds of the levy are to be used to pay the costs | 313 |
of a special energy improvement project or shoreline improvement | 314 |
project, the levy of a special assessment shall be for no more | 315 |
than thirty years from the date of approval of the initial plan. | 316 |
In the event that additional territory is added to a special | 317 |
improvement district, the special assessment to be levied with | 318 |
respect to such additional territory shall commence not earlier | 319 |
than the date such territory is added and shall be for no more | 320 |
than thirty years from such date. For purposes of levying an | 321 |
assessment for this initial plan, the services or improvements | 322 |
included in the initial plan shall be deemed a special benefit to | 323 |
property owners within the district. | 324 |
The board of directors of a special improvement district may, | 342 |
acting as agent and on behalf of a participating political | 343 |
subdivision, sell, transfer, lease, or convey any special energy | 344 |
improvement project owned by the participating political | 345 |
subdivision upon a determination by the legislative authority | 346 |
thereof that the project is not required to be owned exclusively | 347 |
by the participating political subdivision for its purposes, for | 348 |
uses determined by the legislative authority thereof as those that | 349 |
will promote the welfare of the people of such participating | 350 |
political subdivision; to improve the quality of life and the | 351 |
general and economic well-being of the people of the participating | 352 |
political subdivision; better ensure the public health, safety, | 353 |
and welfare; protect water and other natural resources; provide | 354 |
for the conservation and preservation of natural and open areas | 355 |
and farmlands, including by making urban areas more desirable or | 356 |
suitable for development and revitalization; control, prevent, | 357 |
minimize, clean up, or mediate certain contamination of or | 358 |
pollution from lands in the state and water contamination or | 359 |
pollution; or provide for safe and natural areas and resources. | 360 |
The legislative authority of each participating political | 361 |
subdivision shall specify the consideration for such sale, | 362 |
transfer, lease, or conveyance and any other terms thereof. Any | 363 |
determinations made by a legislative authority of a participating | 364 |
political subdivision under this division shall be conclusive. | 365 |
Sec. 1710.06. (A) The board of directors of a special | 374 |
improvement district may develop and adopt one or more written | 375 |
plans for public improvements or public services that benefit all | 376 |
or any part of the district. Each plan shall set forth the | 377 |
specific public improvements or public services that are to be | 378 |
provided, identify the area in which they will be provided, and | 379 |
specify the method of assessment to be used. Each plan for public | 380 |
improvements or public services shall indicate the period of time | 381 |
the assessments are to be levied for the improvements and services | 382 |
and, if public services are included in the plan, the period of | 383 |
time the services are to remain in effect. Plans for public | 384 |
improvements may include the planning, design, construction, | 385 |
reconstruction, enlargement, or alteration of any public | 386 |
improvements and the acquisition of land for the improvements. | 387 |
Plans for public improvements or public services may also include, | 388 |
but are not limited to, provisions for the following: | 389 |
(6) Sale, lease, lease with an option to purchase, conveyance | 407 |
of other interests in, or other contracts for the acquisition, | 408 |
construction, maintenance, repair, furnishing, equipping, | 409 |
operation, or improvement of any special energy improvement | 410 |
project by the special improvement district, between a | 411 |
participating political subdivision and the special improvement | 412 |
district, and between the special improvement district and any | 413 |
owner of real property in the special improvement district on | 414 |
which a special energy improvement project has been acquired, | 415 |
installed, equipped, or improved; and | 416 |
(B) Once the board of directors of the special improvement | 422 |
district adopts a plan, it shall submit the plan to the | 423 |
legislative authority of each participating political subdivision | 424 |
and the municipal executive of each municipal corporation in which | 425 |
the district is located, if any. The legislative authorities and | 426 |
municipal executives shall review the plan and, within sixty days | 427 |
after receiving it, may submit their comments and recommendations | 428 |
about it to the district. After reviewing these comments and | 429 |
recommendations, the board of directors may amend the plan. It may | 430 |
then submit the plan, amended or otherwise, in the form of a | 431 |
petition to members of the district whose property may be assessed | 432 |
for the plan. Once the petition is signed by those members who own | 433 |
at least sixty per cent of the front footage of property that is | 434 |
to be assessed and that abuts upon a street, alley, public road, | 435 |
place, boulevard, parkway, park entrance, easement, or other | 436 |
public improvement, or those members who own at least seventy-five | 437 |
per cent of the area to be assessed for the improvement or | 438 |
service, the petition may be submitted to each legislative | 439 |
authority for approval. If the special improvement district was | 440 |
created for the purpose of developing and implementing plans for | 441 |
special energy improvement projects or shoreline improvement | 442 |
projects, the petition required under this division shall be | 443 |
signed by one hundred per cent of the owners of the area of all | 444 |
real property located within the area to be assessed for the | 445 |
special energy improvement project or shoreline improvement | 446 |
project. | 447 |
Church property or property owned by a political subdivision, | 479 |
including any participating political subdivision in which a | 480 |
special improvement district is located, shall be included in and | 481 |
be subject to special assessments made pursuant to a plan adopted | 482 |
under this section or division (F) of section 1710.02 of the | 483 |
Revised Code, if the church or political subdivision has | 484 |
specifically requested in writing that its property be included | 485 |
within the special improvement district and the church or | 486 |
political subdivision is a member of the district or, in the case | 487 |
of a district created by an existing qualified nonprofit | 488 |
corporation, if the church is a member of the corporation. | 489 |