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Sub. H. B. No. 318 As Reported by the Senate Highways and Transportation CommitteeAs Reported by the Senate Highways and Transportation Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives Aslanides, Domenick, Bacon, Batchelder, Bolon, Chandler, Combs, Daniels, DeBose, Dyer, Evans, Flowers, Garrison, Goyal, Hagan, J., Hagan, R., Harwood, Hughes, Luckie, McGregor, J., Patton, Sayre, Schindel, Schneider, Setzer, Uecker, Zehringer
A BILL
To amend sections 5541.05, 5553.11, 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 and to
establish that
proceedings to vacate a road are not subject to
real property appropriation procedures.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5541.05, 5553.11, 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 that is not passable year-round or any portion of
such a road on nonmaintained
status. Prior to adopting a
resolution that places a road on
nonmaintained status, the board,
at special or regular meetings,
shall hold at least two public
hearings to allow for public
comment on the proposed resolution.
The board shall publicize the
times and places of the hearings by
causing a notice to be
published in a newspaper of general
circulation in the county in
which the road is located at least
ten days prior to the date
of the first meeting. If the county
maintains a web site on the internet, the same notice also shall
be posted on the web site at least ten days prior to the date of
the first 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, including any impact such action would have
on adjoining property owners. A board may adopt a resolution under
division (A) of this section only if after the board county
engineer issues the advisory opinion and the county engineer, in
the 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.
(C)(1) A board may terminate the nonmaintained status of a
county road by adopting a resolution to that effect. If
the
owner of land adjoining a road that has been placed on
nonmaintained status 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 pay the costs of upgrading
the road to locally adopted county
standards.
(2) If the owner of land adjoining a road that has been
placed on nonmaintained status upgrades the road to the standards
most recently certified by the county engineer for the road, the
board shall terminate the nonmaintained status of the road and
then shall maintain and repair the road according to such
standards. However, division (C)(2) of this section does not apply
to a road or portion of a road that, prior to being placed on
nonmaintained status, was not certified by the board
of county
commissioners to the director of transportation in
accordance
with division (D) of section 4501.04 of the Revised
Code as
mileage in the county used by and maintained for the
public.
(3) The owner of land adjoining a road that was placed on
nonmaintained status prior to the effective date of this amendment
or the owner of land whose only access to such a road is by
easement may petition the board for review of the nonmaintained
status of the road if the road provides the exclusive means for
obtaining access to the land. Upon receipt of a petition, the
board shall review the status of the road and shall terminate the
nonmaintained status if the board finds that the road provides
such exclusive means for obtaining access to the land. After
completing the review, the board shall adopt a resolution either
retaining or terminating the nonmaintained status of the road. If
the board terminates the nonmaintained status of a road under
division (C)(3) of this section, the board shall not require the
owner to pay the costs of upgrading, maintaining, or repairing the
road.
(D) A graveled or unimproved 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 land
that adjoins that road
and the road is passable year-round.
(E) For purposes of this section, a road is passable
year-round
if a four-wheeled, two-wheel drive passenger motor
vehicle can
be driven on the road year-round, apart from seasonal
conditions caused by weather-related events.
Sec. 5553.11. If the proceeding is for an improvement other
than the vacation of a road and the board of county commissioners,
at its final hearing on
the proposed improvement, orders the
improvement established, it shall proceed
in accordance with
sections 163.01 to 163.22, inclusive, of the Revised Code.
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 that is not passable year-round 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, at special or
regular meetings, shall publicize the
times and places of the
hearings by
causing a notice to be
published in a newspaper of
general
circulation in the county in
which the road is located
at least
ten days prior to the date
of the first meeting. If the
township maintains a web site on the internet, the same notice
also shall be posted on the web site at least ten days prior to
the date of the first 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, including any impact such action would have
on adjoining property owners. A board may adopt a resolution under
division (A) of this section only if after the board county
engineer issues the advisory opinion and the county engineer, in
the 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.
(C)(1) A board may terminate the nonmaintained status of a
township road by adopting a resolution to that effect. If
the
owner of land adjoining a road that has been placed on
nonmaintained status 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 pay the costs of upgrading
the road to locally adopted
township standards.
(2) If the owner of land adjoining a road that has been
placed on nonmaintained status upgrades the road to the standards
most recently certified by the county engineer for the road, the
board shall terminate the nonmaintained status of the road and
then shall maintain and repair the road according to such
standards. However, division (C)(2) of this section does not apply
to a road or portion of a road that, prior to being placed on
nonmaintained status, was not certified by the board
of township
trustees to the director of transportation in
accordance with
division (E) of section 4501.04 of the Revised
Code as mileage in
the township used by and maintained for the
public.
(3) The owner of land adjoining a road that was placed on
nonmaintained status prior to the effective date of this amendment
or land owner of land whose only access to such a road is by
easement may petition the board for review of the nonmaintained
status of the road if the road provides the exclusive means for
obtaining access to the land. Upon receipt of a petition, the
board shall review the status of the road and shall terminate the
nonmaintained status if the board finds that the road provides
such exclusive means for obtaining access to the land. After
completing the review, the board shall adopt a resolution either
retaining or terminating the nonmaintained status of the road. If
the board terminates the nonmaintained status of a road under
division (C)(3) of this section, the board shall not require the
owner to pay the costs of upgrading, maintaining, or repairing the
road.
(D) A graveled or unimproved 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 land
that adjoins that road
and the road is passable year-round.
(E) For purposes of this section, a road is passable
year-round if a four-wheeled, two-wheel drive passenger motor
vehicle can be
driven on the road year-round, apart from seasonal
conditions caused by weather-related events.
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 centerline 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 centerline miles within the boundaries of
a
township shall not include any centerline 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, 5553.11, 5571.20,
and
5735.27 of the Revised Code are hereby repealed.
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