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H. B. No. 318 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 5541.05, 5571.20, and 5735.27 of
the Revised Code to make changes relative to the
provisions that govern the placing of county and
township roads on nonmaintained status.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5541.05, 5571.20, and 5735.27 of the
Revised Code be amended to read as follows:
Sec. 5541.05. (A) Except as otherwise provided in division
(D) of this section, a board of county commissioners by resolution
may place a graveled or unimproved county road under its
jurisdiction or any portion of such a road on nonmaintained
status. Prior to adopting a resolution that places a road on nonmaintained status, the board shall hold at least two public hearings to allow for public comment on the proposed resolution. The board shall publicize the time and place of each hearing by causing a notice to be published in a newspaper of general circulation in the county in which the road is located at least seven days prior to the date of each meeting. Upon adoption of such a resolution, the board is not
required to cause the road to be dragged at any time, or to cut,
destroy, or remove any brush, weeds, briers, bushes, or thistles
upon or along the road, or to remove snow from the road, or to
maintain or repair the road in any manner. The board, in its
discretion, may cause any of these actions to be performed on or
to a road that it has placed on nonmaintained status.
(B) Prior to adopting a resolution under division (A) of this
section, the board shall request the county engineer to issue an
advisory opinion regarding the consequences of placing the road on
nonmaintained status. A board may adopt a resolution under
division (A) of this section only if the board county engineer, in
the county engineer's advisory opinion, finds that placing the
road on nonmaintained status will not unduly adversely affect the
flow of motor vehicle traffic on that road or on any other
adjacent road located in the immediate vicinity of that road as
determined by the overall use of the road during the preceding
twenty-one years and will not impose undue hardship on any owner
or occupier of land adjoining the road that is subject to the
declaration of nonmaintenance.
(C) A board may terminate the nonmaintained status of a
county road by adopting a resolution to that effect. If Upon such
an occurrence, one of the following shall apply:
(1) Except as provided in division (C)(3) of this section, if
the owner of land adjoining a road that has been placed on
nonmaintained status for less than ten consecutive years requests
the board to terminate the nonmaintained status of the road, the
board, in its resolution that terminates that nonmaintained
status, may require the owner to shall pay the costs of upgrading
the road to locally adopted county standards.
(2) Except as provided in division (C)(3) of this section, if
the owner of land adjoining a road that has been on nonmaintained
status for ten or more consecutive years requests the board to
terminate the nonmaintained status of the road, the board may
choose to pay the costs of upgrading the road to locally adopted
county standards or the board, in its resolution that terminates
that nonmaintained status, may require the owner to pay the costs
of upgrading the road to locally adopted county standards.
(3) If the owner of land adjoining a road that has been on
nonmaintained status for any period of time requests the board to
terminate the nonmaintained status of the road because the owner
will erect two or more single-family or one or more multiple-family dwellings on the land
or will otherwise develop the land through the construction of
commercial or industrial facilities, the board may choose to pay
the costs of upgrading the road to locally adopted county
standards or the board, in its resolution that terminates that
nonmaintained status, may require the owner to pay the costs of
upgrading the road to locally adopted county standards. If the owner of land adjoining a road that has been on nonmaintained status for any period of time requests the board to terminate the nonmaintained status of the road because the owner will erect on the land and then occupy one single-family dwelling, the board shall pay the costs of upgrading the road to locally adopted county standards.
(D) A graveled road may not be placed on nonmaintained status
if any person resides in a residence adjacent to the road, the
road is the exclusive means for obtaining access to the residence,
and the residence is the person's primary place of residence.
Sec. 5571.20. (A) Except as otherwise provided in division
(D) of this section, a board of township trustees by resolution
may place a graveled or unimproved township road under its
jurisdiction or any portion of such a road on nonmaintained
status. Prior to adopting a resolution that places a road on nonmaintained status, the board shall hold at least two public hearings to allow for public comment on the proposed resolution. The board shall publicize the time and place of each hearing by causing a notice to be published in a newspaper of general circulation in the county in which the road is located at least seven days prior to the date of each meeting. Upon adoption of such a resolution, the board is not
required to cause the road to be dragged at any time, or to cut,
destroy, or remove any brush, weeds, briers, bushes, or thistles
upon or along the road, or to remove snow from the road, or to
maintain or repair the road in any manner. The board, in its
discretion, may cause any of these actions to be performed on or
to a road that it has placed on nonmaintained status.
(B) Prior to adopting a resolution under division (A) of this
section, the board shall request the county engineer to issue an
advisory opinion regarding the consequences of placing the road on
nonmaintained status. A board may adopt a resolution under
division (A) of this section only if the board county engineer, in
the county engineer's advisory opinion, finds that placing the
road on nonmaintained status will not unduly adversely affect the
flow of motor vehicle traffic on that road or on any other
adjacent road located in the immediate vicinity of that road as
determined by the overall use of the road during the preceding
twenty-one years and will not impose undue hardship on any owner
or occupier of land adjoining the road that is subject to the
declaration of nonmaintenance.
(C) A board may terminate the nonmaintained status of a
township road by adopting a resolution to that effect. If Upon
such an occurrence, one of the following shall apply:
(1) Except as provided in division (C)(3) of this section, if
the owner of land adjoining a road that has been placed on
nonmaintained status for less than ten consecutive years requests
the board to terminate the nonmaintained status of the road, the
board, in its resolution that terminates that nonmaintained
status, may require the owner to shall pay the costs of upgrading
the road to locally adopted township standards.
(2) Except as provided in division (C)(3) of this section, if
the owner of land adjoining a road that has been on nonmaintained
status for ten or more consecutive years requests the board to
terminate the nonmaintained status of the road, the board may
choose to pay the costs of upgrading the road to locally adopted
township standards or the board, in its resolution that terminates
that nonmaintained status, may require the owner to pay the costs
of upgrading the road to locally adopted township standards.
(3) If the owner of land adjoining a road that has been on
nonmaintained status for any period of time requests the board to
terminate the nonmaintained status of the road because the owner
will erect two or more single-family or one or more multiple-family dwellings on the land
or will otherwise develop the land through the construction of
commercial or industrial facilities, the board may choose to pay
the costs of upgrading the road to locally adopted township
standards or the board, in its resolution that terminates that
nonmaintained status, may require the owner to pay the costs of
upgrading the road to locally adopted township standards. If the owner of land adjoining a road that has been on nonmaintained status for any period of time requests the board to terminate the nonmaintained status of the road because the owner will erect on the land and then occupy one single-family dwelling, the board shall pay the costs of upgrading the road to locally adopted county standards. (D) A graveled road may not be placed on nonmaintained status
if any person resides in a residence adjacent to the road, the
road is the exclusive means for obtaining access to the residence,
and the residence is the person's primary place of residence.
Sec. 5735.27. (A) There is hereby created in the state
treasury the gasoline excise tax fund, which shall be distributed
in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(a)
and
(C)(2)(a) of section 5735.23 of the Revised Code shall be
distributed among municipal corporations. The amount paid to
each
municipal corporation shall be that proportion of the amount
to be
so distributed that the number of motor vehicles registered
within
the municipal corporation bears to the total number of
motor
vehicles registered within all the municipal corporations
of this
state during the preceding motor vehicle registration
year. When a
new village is incorporated, the registrar of motor
vehicles shall
determine from the applications on file in the
bureau of motor
vehicles the number of motor vehicles located
within the territory
comprising the village during the entire
registration year in
which the municipal corporation was
incorporated. The registrar
shall forthwith certify the number
of motor vehicles so determined
to the tax commissioner for use
in distributing motor vehicle fuel
tax funds to the village
until the village is qualified to
participate in the
distribution of the funds pursuant to this
division. The number
of motor vehicle registrations shall be
determined by the
official records of the bureau of motor
vehicles. The amount
received by each municipal corporation shall
be used to plan,
construct, reconstruct, repave, widen, maintain,
repair, clear,
and clean public highways, roads, and streets; to
maintain and
repair bridges and viaducts; to purchase, erect, and
maintain
street and traffic signs and markers; to pay the costs
apportioned to the municipal corporation under section 4907.47 of
the Revised Code; to purchase, erect, and maintain traffic lights
and signals; to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code or incurred pursuant to section 5531.09 of the
Revised Code for the purpose of acquiring or constructing roads,
highways, bridges, or viaducts or acquiring or making other
highway improvements for which the municipal corporation may
issue
bonds; and to supplement revenue already available for these
purposes.
(2) The amount credited pursuant to division (B) of
section
5735.26 of the Revised Code shall be distributed among
the
municipal corporations within the state, in the proportion
which
the number of motor vehicles registered within each
municipal
corporation bears to the total number of motor vehicles
registered
within all the municipal corporations of the state
during the
preceding calendar year, as shown by the official
records of the
bureau of motor vehicles, and shall be expended by
each municipal
corporation to plan, construct, reconstruct,
repave, widen,
maintain, repair, clear, and clean public
highways, roads and
streets; to maintain and repair bridges and
viaducts; to purchase,
erect, and maintain street and traffic
signs and markers; to
purchase, erect, and maintain traffic
lights and signals; to pay
costs apportioned to the municipal
corporation under section
4907.47 of the Revised Code; to pay the
principal, interest, and
charges on bonds and other obligations
issued pursuant to Chapter
133. of the Revised Code or incurred pursuant to section 5531.09
of the Revised Code for the
purpose of acquiring or constructing
roads, highways, bridges, or
viaducts or acquiring or making other
highway improvements for
which the municipal corporation may issue
bonds; and to
supplement revenue already available for these
purposes.
(3) The amount credited pursuant to divisions (B)(2)(b)
and
(C)(2)(c) of section 5735.23 of the Revised Code shall be
paid in
equal proportions to the county treasurer of each county
within
the state and shall be used only for the purposes of
planning,
maintaining, and repairing the county system of public
roads and
highways within the county; the planning,
construction, and repair
of walks or paths along county roads in
congested areas; the
planning, construction, purchase, lease,
and maintenance of
suitable buildings for the housing and repair of county road
machinery, housing of supplies, and housing of personnel
associated
with the machinery and supplies; the
payment of costs
apportioned to the county under section 4907.47
of the Revised
Code; the payment of principal, interest, and
charges on bonds and
other obligations issued pursuant to Chapter
133. of the Revised
Code or incurred pursuant to section 5531.09 of the Revised Code
for the purpose of acquiring or
constructing roads, highways,
bridges, or viaducts or acquiring
or making other highway
improvements for which the board of
county commissioners may issue
bonds under that chapter; and the
purchase, installation, and
maintenance of traffic signal lights.
(4) The amount credited pursuant to division (C) of
section
5735.26 of the Revised Code shall be paid in equal
proportions to
the county treasurer of each county for the
purposes of planning,
maintaining, constructing, widening, and
reconstructing the county
system of public roads and highways;
paying principal, interest,
and charges on bonds and other
obligations issued pursuant to
Chapter 133. of the Revised Code
or incurred pursuant to section
5531.09 of the Revised Code for the purpose of acquiring or
constructing roads, highways,
bridges, or viaducts or acquiring or
making other highway
improvements for which the board of county
commissioners may
issue bonds under that chapter; and paying costs
apportioned to
the county under section 4907.47 of the Revised
Code.
(5)(a) The amount credited pursuant to division (D) of
section 5735.26 and division (C)(2)(b) of section 5735.23 of the
Revised Code shall be divided in equal proportions among the
townships within the state.
(b) As used in division (A)(5)(b) of this section, the
"formula amount" for any township is the amount that would be
allocated to that township if fifty per cent of the amount
credited to townships pursuant to section 5735.291 of the Revised
Code were allocated among townships in the state proportionate to
the number of lane miles within the boundaries of the respective
townships, as determined annually by the department of
transportation, and the other fifty per cent of the amount
credited pursuant to section 5735.291 of the Revised Code were
allocated among townships in the state proportionate to the number
of motor vehicles registered within the respective townships, as
determined annually by the records of the bureau of motor
vehicles. The number of lane miles within the boundaries of a
township shall not include any lane miles of township roads that
have been placed on nonmaintained status by a board of township
trustees pursuant to section 5571.20 of the Revised Code.
Beginning on August 15, 2003, the tax levied by section
5735.29 of the Revised Code shall be partially allocated to
provide funding for townships. Each township shall receive the
greater of the following two calculations:
(i) The total statewide amount credited to townships under
division (A) of section 5735.291 of the Revised Code divided by
the number of townships in the state at the time of the
calculation;
(ii) Seventy per cent of the formula amount for that
township.
(c) The total difference between the amount of money credited
to townships under division (A) of section 5735.291 of the Revised
Code and the total amount of money required to make all the
payments specified in division (A)(5)(b) of this section shall be
deducted, in accordance with division (B) of section 5735.291 of
the Revised Code, from the revenues resulting from the tax levied
pursuant to section 5735.29 of the Revised Code prior to crediting
portions of such revenues to counties, municipal corporations, and
the highway operating fund.
(d) All amounts credited pursuant to divisions (A)(5)(a) and
(b) of this section shall be paid to the county
treasurer of each
county for the total amount payable to the
townships within each
of the counties. The county treasurer
shall pay to each township
within the county its
proportional share of the funds, which
shall be expended by each
township only for the purposes of
planning, constructing,
maintaining, widening, and reconstructing
the public roads and
highways within the township, paying
principal, interest, and charges on obligations incurred pursuant
to section 5531.09 of the Revised Code, and paying costs
apportioned to
the township under section 4907.47 of the Revised
Code.
No part of the funds designated for road and highway purposes
shall be used for any purpose except
to pay in whole or part the
contract price of any such work done
by contract, or to pay the
cost of labor in planning,
constructing, widening, and
reconstructing such roads and
highways, and the cost of materials
forming a part of the
improvement; provided that the funds may be
used for the
purchase of road machinery and equipment and for the
planning,
construction, and maintenance of suitable buildings for
housing
road machinery and equipment, and that all such
improvement of
roads shall be under supervision and direction of
the county
engineer as provided in section 5575.07 of the Revised
Code. No
obligation against the funds shall be incurred unless
plans and
specifications for the improvement, approved by the
county
engineer, are on file in the office of the township fiscal
officer, and
all contracts for material and for work done by
contract shall be
approved by the county engineer before being
signed by the board
of township trustees. The board of township
trustees of any
township may pass a resolution permitting the
board of county
commissioners to expend the township's share of
the funds, or
any portion of it, for the improvement of the roads
within the
township as may be designated in the resolution.
All investment earnings of the fund shall be credited to
the
fund.
(B) Amounts credited to the highway operating fund
pursuant
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23
and
division (A) of section 5735.26 of the Revised Code shall be
expended in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(c)
and
(C)(2)(d) of section 5735.23 of the Revised Code shall be
apportioned to and expended by the department of transportation
for the purposes of planning, maintaining, repairing, and keeping
in passable condition for travel the roads and highways of the
state required by law to be maintained by the department; paying
the costs apportioned to the state under section 4907.47 of the
Revised Code; paying that portion of the construction cost of a
highway project which a county, township, or municipal
corporation
normally would be required to pay, but which the
director of
transportation, pursuant to division (B) of section
5531.08 of the
Revised Code, determines instead will be paid from
moneys in the
highway operating fund; and paying the costs of the
department of
public safety in administering and enforcing the
state law
relating to the registration and operation of motor
vehicles.
(2) The amount credited pursuant to division (A) of
section
5735.26 of the Revised Code shall be used for paying the
state's
share of the cost of planning, constructing, widening,
maintaining, and reconstructing the state highways; paying that
portion of the construction cost of a highway project which a
county, township, or municipal corporation normally would be
required to pay, but which the director of transportation,
pursuant to division (B) of section 5531.08 of the Revised Code,
determines instead will be paid from moneys in the highway
operating fund; and also for supplying the state's share of the
cost of eliminating railway grade crossings upon such highways
and
costs apportioned to the state under section 4907.47 of the
Revised Code. The director of transportation may expend portions
of such amount upon extensions of state highways within municipal
corporations or upon portions of state highways within municipal
corporations, as is provided by law.
Section 2. That existing sections 5541.05, 5571.20, and
5735.27 of the Revised Code are hereby repealed.
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