To amend sections 505.82, 711.091, and 5553.31 of the Revised Code to allow a Board of Township Trustees to adopt a resolution to provide snow removal from undedicated roads, and to require the agreement of a Board of Township Trustees as a condition of acceptance by the Board of County Commissioners or the county engineer of a street that will be a township road.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 505.82. If a board of township trustees by a unanimous vote, or, in the event of the unavoidable absence of one trustee, by an affirmative vote of two trustees adopts a resolution declaring that an emergency exists which threatens life or property within the unincorporated territory of the township, the board may exercise the following powers for the duration of the emergency:

(A) If an owner of an undedicated road in the unincorporated territory of the township has not provided for the removal of snow, ice, debris, or other obstructions from the road, THE BOARD OF TOWNSHIP TRUSTEES MAY ADOPT A RESOLUTION TO provide for such removal. A RESOLUTION ADOPTED UNDER THIS SECTION SHALL EXPIRE NOT LATER THAN SIX MONTHS AFTER IT TAKES EFFECT. Prior to providing for such removal, the board of township trustees shall give, or make good faith attempt to give, oral notice to the owner of the road of the trustees' intent to clear the road and impose a service charge for doing so. The board shall establish just and equitable service charges for such removal to be paid by the owners of the road. The trustees shall keep a record of the costs incurred by the township in removing snow, ice, debris, or other obstructions from the road. The service charges shall be based on these costs and shall be in an amount sufficient to recover these costs. If

(B) IF there is more than one owner of the road, the board shall allocate the service charges among the owners on an equitable basis. The board shall notify, in writing, each owner of the road of the amount of the service charge and CHARGES. IF THE OWNER OF THE ROAD IS THE DEVELOPER OF RESIDENCES OR BUSINESSES SERVICED BY THE ROAD, THE BOARD MAY COMMENCE AN ACTION TO COLLECT THE SERVICE CHARGES UPON ANY PERFORMANCE BOND, OR OTHER GUARANTEE OR SECURITY FURNISHED BY THE DEVELOPER. IF THE BOARD IS OTHERWISE UNSUCCESSFUL IN COLLECTING THE SERVICE CHARGES, THE BOARD shall certify the charges to the county auditor. The AND THE charges shall constitute a lien upon the property. The auditor shall place the charges on a special duplicate to be collected as other taxes and returned to the township general fund.

(B) Contract (C) IF THE BOARD ADOPTS A RESOLUTION UNDER DIVISION (A) OF THIS SECTION AS A RESULT OF AN EMERGENCY THAT THREATENS LIFE OR PROPERTY, AND IF THE RESOLUTION IS ADOPTED BY A UNANIMOUS VOTE OF THE BOARD, OR, IN THE EVENT OF THE UNAVOIDABLE ABSENCE OF ONE TRUSTEE, BY AN AFFIRMATIVE VOTE OF TWO TRUSTEES, THE BOARD MAY CONTRACT for the immediate acquisition, replacement, or repair of equipment needed for the emergency situation, without following the competitive bidding requirements of section 5549.21 or any other section of the Revised Code.

No emergency declared under this section shall remain in effect for more than five consecutive days unless it is extended, for a period of not more than five days, by a resolution adopted by a unanimous vote of the board, or in the event of the unavoidable absence of one trustee, by an affirmative vote of two trustees. A board may make more than one such extension, but each extension shall require a separate vote.

(D) THE REMOVAL OF SNOW, ICE, DEBRIS, OR OTHER OBSTRUCTIONS FROM AN UNDEDICATED ROAD BY A BOARD OF TOWNSHIP TRUSTEES ACTING PURSUANT TO A RESOLUTION ADOPTED UNDER DIVISION (A) OF THIS SECTION DOES NOT CONSTITUTE APPROVAL OR ACCEPTANCE OF THE UNDEDICATED ROAD.

(E) As used in this section, "undedicated road" means a road which THAT has not been approved and accepted by the board of county commissioners and is not a part of the state, county, or township road systems as provided in section 5535.01 of the Revised Code.

Sec. 711.091. The city or village engineer in the case of lands within a city or village, and the county engineer in the case of lands outside of a city or village, shall, upon written request by the owner of the land upon which the A PREVIOUSLY DEDICATED street has been constructed check the construction and if OF THE STREET. IF the engineer finds that such THE street has been constructed in accordance with the specifications set forth on the approved plat, and that such THE street is in good repair, then such THE ENGINEER'S finding, endorsed on the approved plat, shall constitute CONSTITUTES an acceptance of the street for public use by the city, village, or county as the case may be, provided such street has been theretofore duly dedicated. PROVIDED HOWEVER, IF THE PREVIOUSLY DEDICATED STREET WILL BE A TOWNSHIP ROAD, NO FINDING OF THE COUNTY ENGINEER SHALL CONSTITUTE AN ACCEPTANCE OF THE STREET UNLESS THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP OR TOWNSHIPS IN WHICH THE ROAD WILL BE LOCATED OR THE TOWNSHIP HIGHWAY SUPERINTENDENT, IF ONE HAS BEEN APPOINTED, AGREES WITH THE FINDING OF THE COUNTY ENGINEER AND SIGNIFIES THE AGREEMENT BY AN ENDORSEMENT ON THE APPROVED PLAT.

Sec. 5553.31. Any person may, with (A) WITH the approval of the board of county commissioners, ANY PERSON MAY dedicate lands for road purposes. A definite description of the lands to be dedicated with a plat of such lands thereto attached and signed by the party dedicating such THE lands, with the approval and acceptance of the board indorsed thereon, shall be placed upon the proper road records of the county in which such road is situated. The board shall not approve and accept the dedication of any land for road purposes until any lien attached to such land under division (A)(B) of section 505.82 of the Revised Code is satisfied. If the PROPOSAL TO DEDICATE lands so dedicated contemplate FOR ROAD PURPOSES CONTEMPLATES a change in an existing road, the same proceedings shall be had thereon, after the board FIRST SHALL APPROVE AND ACCEPT THE LANDS by proper resolution approves and accepts the lands for such purpose, THEN SHALL PROCEED IN THE SAME MANNER as are IS provided in cases where the board by unanimous vote declares its intention to locate, establish, widen, straighten, vacate, or change the direction of a road without a petition therefor, but otherwise. IN CASES OTHER THAN THOSE CONTEMPLATING A CHANGE IN AN EXISTING ROAD, AND EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, the proposal to dedicate lands for road purposes, together with the acceptance of the grant by the board, constitutes the lands so dedicated a public road, without any further proceedings thereon.

(B) IF THE BOARD DOES NOT PLAN TO ESTABLISH AS A COUNTY ROAD A ROAD FOR WHICH A PROPOSAL TO DEDICATE LANDS HAS BEEN MADE UNDER DIVISION (A) OF THIS SECTION, THE BOARD SHALL NOT APPROVE AND ACCEPT THE DEDICATION UNLESS THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP OR TOWNSHIPS IN WHICH THE ROAD WILL BE LOCATED OR THE TOWNSHIP HIGHWAY SUPERINTENDENT, IF ONE HAS BEEN APPOINTED, ALSO APPROVES AND ACCEPTS THE DEDICATION. THE BOARD OF TOWNSHIP TRUSTEES OR THE TOWNSHIP HIGHWAY SUPERINTENDENT MAY WITHHOLD APPROVAL AND ACCEPTANCE ONLY IF THE PLANS AND SPECIFICATIONS OR THE CONSTRUCTION FAILS TO MEET GENERALLY ACCEPTED ROAD CONSTRUCTION STANDARDS.