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H. B. No. 471 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Hagan, Foley, Stebelton, Letson, Yuko
A BILL
To enact sections 303.024, 307.071, 505.708, 519.023,
713.16, and 713.17 of the Revised Code to permit
townships, counties, and combinations of
townships, counties, and municipal corporations to
establish transfer of development rights programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.024, 307.071, 505.708, 519.023,
713.16, and 713.17 of the Revised Code be enacted to read as
follows:
Sec. 303.024. (A) As used in this section:
(1) "Agricultural easement" and "conservation easement" have
the same meanings as in section 5301.67 of the Revised Code,
except that the easement also shall be a permanent easement
granted under section 5301.68 of the Revised Code and transferred
to an entity specified in section 5301.69 of the Revised Code.
(2) "Development right" means a specified right assigned to a
parcel of property in a sending area that may be transferred from
that property for application and use on property located in a
designated receiving area. "Development right" includes any of the
following:
(a) A variation in the height, bulk, number of stories, and
size of buildings, in the density of population, or in the square
footage of buildings or other structures allowed in a receiving
area under applicable zoning or subdivision regulations;
(b) A variation in the number of parking spaces required in a
receiving area under applicable building or parking space
regulations;
(c) A variation in the size of lots, set-back building lines,
or the size of yards and courts of buildings and other structures,
in percentages of lot areas that may be occupied by buildings and
other structures, or in open space requirements allowed in a
receiving area under applicable zoning or subdivision regulations;
(d) A variation in utility service tap-in fees or other
utility fees and charges charged in a receiving area by the
county;
(e) A variation in open space requirements in local laws
applicable to a receiving area;
(f) Any other right that varies the density or intensity of
development in a receiving area or that makes development in a
receiving area economically beneficial.
(3) "Receiving area" means an area of land in the
unincorporated area of a county where development rights
transferred from a sending area may be applied and used.
(4) "Sending area" means an area of land in the
unincorporated area of a county from which assigned development
rights can be transferred for use in a receiving area.
(B) A board of county commissioners may establish a transfer
of development rights program whereby the owner of real property
in a designated sending area in the unincorporated territory of
the county may agree to have the owner's real property placed in
an agricultural or conservation easement in exchange for an
assignment of development rights to that property that the owner
may transfer for application and use on real property in a
designated receiving area in the unincorporated territory of the
county. The program may be established only after the board of
county commissioners conducts a study and adopts a plan based upon
the results of that study. The study and resulting plan together
shall do all of the following:
(1) Determine the purpose for which the program should be
created, which shall be one or more of the following:
(a) Protection of the natural, scenic, agricultural, or open
space qualities of land, or the preservation of natural resources;
(b) Enhancement of sites and areas of special character or
historical, cultural, aesthetic, or economic interest or value;
(c) Encouragement of development in areas deemed appropriate
by the county;
(d) Protection and management of land, water, and other
natural resources.
(2) Determine the best location for sending areas and
receiving areas to accomplish the purposes of the program and to
manage development;
(3) Include a resource assessment to determine which areas
should be preserved or developed to further the purposes of the
program;
(4) Determine what incentives may be used in sending and
receiving areas to make the program more effective;
(5) Determine the nature and number of development rights
that may be severed from each sending area and then attached to a
parcel of real property in a receiving area;
(6) Estimate the population and economic growth during the
next ten years in the unincorporated territory of the county and
estimate the development potential of each proposed sending area
and receiving area;
(7) Consider the density and intensity of development allowed
under applicable zoning, building, and other regulations prior to
the implementation of the program;
(8) Estimate the existing and proposed infrastructure
capacity, including services and facilities, in each proposed
receiving area;
(9) In terms of infrastructure, services, and land
availability, ensure that a receiving area is able to accommodate
the density and intensity of development associated with the
number of development rights that may be applied to it;
(10) Ensure that the program is consistent with the
comprehensive land use plan that is the basis of the county's
zoning regulations.
(C) The board of county commissioners may establish a
transfer of development rights program by adopting a zoning
resolution or amending an existing zoning resolution. An amendment
establishing the program may be initiated only under section
303.12 of the Revised Code by motion of the county rural zoning
commission or by the passage of a resolution by the board of
county commissioners directing the county rural zoning commission
to propose an amendment.
The zoning resolution or amendment establishing the program
shall include procedures for when and how the program's provisions
will be applied to property and the procedures to be used by
property owners for the actual transfer of development rights from
property in a sending area to property in a receiving area. The
regulations imposed by the zoning resolution or amendment
establishing the program need not be uniform for each class or
type of building or other structure or for each use of property
throughout any sending or receiving area, but may vary in order to
accommodate development and provide adequate incentives to
encourage participation in the program.
The zoning resolution or amendment establishing the program
may designate an administrative board to administer transfers of
development rights, which board may be the county rural zoning
commission, the county board of zoning appeals, a county or
regional planning commission, the board of county commissioners,
or a newly created board appointed by the board of county
commissioners. If a new board is created to be the administrative
board, the board shall consist of an odd number of members, not to
exceed five, who shall serve staggered terms of office.
If the board of county commissioners is the administrative
board for a transfer of development rights program, the board's
actions to effectuate the actual transfer of development rights
are adjudicative, not legislative, actions that may be appealed
under Chapter 2506. of the Revised Code.
(D) The zoning resolution or amendment establishing a
transfer of development rights program may allow for the creation
of an overlay to the zoning map that identifies specific areas in
the unincorporated territory of the county that may be designated
as sending areas and as receiving areas. Alternatively, the zoning
resolution or amendment itself may designate specific sending
areas or receiving areas as an overlay to the zoning map. A
property owner who desires to have the owner's property designated
as a sending area or a receiving area consistent with the plan
required by division (B) of this section may apply to have the
zoning resolution amended under section 303.12 of the Revised Code
to include such an overlay to the zoning map.
A designation as either a sending area or a receiving area on
an overlay to the zoning map does not affect the underlying base
zoning, and a property owner retains all rights, privileges, and
obligations related to that underlying base zoning.
(E)(1) The zoning resolution or amendment establishing a
transfer of development rights program may create a transfer of
development rights bank, to be known as a TDR bank, managed by an
advisory board, known as the TDR bank advisory board. The TDR bank
advisory board may be configured in any manner the board of county
commissioners chooses. If the board of county commissioners
creates an administrative board to administer transfers of
development rights, it may designate that administrative board
also to act as the TDR bank advisory board.
(2) If the zoning resolution or amendment creates a TDR bank,
it also shall authorize the TDR bank, through the TDR bank
advisory board, to do the following:
(a) Oversee development and implementation of the transfer of
development rights program;
(b) Purchase development rights, and sell or convey any
development rights it possesses, as directed by the board of
county commissioners;
(c) Hold indefinitely any development rights it possesses;
(d) Receive donations of development rights;
(e) Facilitate transactions between property owners in
sending and receiving areas through technical assistance and
education;
(f) Monitor conservation or agricultural easements in the
sending area;
(g) Receive funding from the county, proceeds of sales of
development rights, and donations;
(h) Manage the TDR bank fund described in section 307.071 of
the Revised Code;
(i) If directed to do so by the board of county
commissioners, establish a selling price for development rights it
possesses, based on local market forces, and extinguish
development rights in its possession in the absence of a buyer in
the receiving area.
(F) The establishment of a transfer of development rights
program and the designation of specific areas as sending areas or
as receiving areas are legislative acts subject to section 303.12
of the Revised Code. All actions undertaken under an established
transfer of development rights program are adjudicative actions
subject to appeal under Chapter 2506. of the Revised Code.
(G) If any sending area or receiving area designated in a
county transfer of development rights program includes
unincorporated territory in which no township zoning regulations
or county zoning regulations apply, the board of county
commissioners shall provide written notice to the boards of
township trustees in the townships in which that territory is
located to inform the townships that a county transfer of
development rights program has been created that will affect
territory in them.
If any sending area or receiving area designated in a county
transfer of development rights program includes unincorporated
territory in which township zoning regulations apply, the program
cannot be implemented in that territory until a majority of the
board of township trustees adopts a resolution approving the
program in the territory, and the resolution is sent to and
received by the board of county commissioners.
Sec. 307.071. A board of county commissioners that creates a
transfer of development rights program under section 303.024 of
the Revised Code may establish, as a separate fund in the county
treasury, a TDR bank fund that shall consist of all moneys
received in connection with the county's transfer of development
rights program. If a TDR bank fund is established, the board of
county commissioners shall have responsibility for the expenditure
of all moneys in the fund in accordance with the program's
provisions, and the board also shall appoint a TDR bank advisory
board that shall make recommendations to the board of county
commissioners on the purchase and sale of development rights under
the transfer of development rights program and perform the other
functions enumerated in division (E) of section 303.024 of the
Revised Code.
Sec. 505.708. A board of township trustees that creates a
transfer of development rights program under section 519.023 of
the Revised Code may establish, as a separate fund in the township
treasury, a TDR bank fund that shall consist of all moneys
received in connection with the township's transfer of development
rights program. If a TDR bank fund is established, the board of
township trustees shall have responsibility for the expenditure of
all moneys in the fund in accordance with the program's
provisions, and the board also shall appoint a TDR bank advisory
board that shall make recommendations to the board of township
trustees on the purchase and sale of development rights under the
transfer of development rights program and perform the other
functions enumerated in division (E) of section 519.023 of the
Revised Code.
Sec. 519.023. (A) As used in this section:
(1) "Agricultural easement" and "conservation easement" have
the same meanings as in section 5301.67 of the Revised Code,
except that the easement also shall be a permanent easement
granted under section 5301.68 of the Revised Code and transferred
to an entity specified in section 5301.69 of the Revised Code.
(2) "Development right" means a specified right assigned to a
parcel of property in a sending area that may be transferred from
that property for application and use on property located in a
designated receiving area. "Development right" includes any of the
following:
(a) A variation in the height, bulk, number of stories, and
size of buildings, in the density of population, or in the square
footage of buildings or other structures allowed in a receiving
area under applicable zoning or subdivision regulations;
(b) A variation in the number of parking spaces required in a
receiving area under applicable building or parking space
regulations;
(c) A variation in the size of lots, set-back building lines,
or the size of yards and courts of buildings and other structures,
in percentages of lot areas that may be occupied by buildings and
other structures, or in open space requirements allowed in a
receiving area under applicable zoning or subdivision regulations;
(d) A variation in utility service tap-in fees or other
utility fees and charges charged in a receiving area by a township
that has adopted a limited home rule form of government under
Chapter 504. of the Revised Code;
(e) A variation in open space requirements in local laws
applicable to a receiving area;
(f) Any other right that varies the density or intensity of
development in a receiving area or that makes development in a
receiving area economically beneficial.
(3) "Receiving area" means an area of land in the
unincorporated area of a township where development rights
transferred from a sending area may be applied and used.
(4) "Sending area" means an area of land in the
unincorporated area of a township from which assigned development
rights can be transferred for use in a receiving area.
(B) A board of township trustees may establish a transfer of
development rights program whereby the owner of real property in a
designated sending area in the unincorporated territory of the
township may agree to have the owner's property placed in an
agricultural or conservation easement in exchange for an
assignment of development rights to that property that the owner
may transfer for application and use on real property in a
designated receiving area in the unincorporated territory of the
township. The program may be established only after the board of
township trustees conducts a study and adopts a plan based upon
the results of that study. The study and resulting plan together
shall do all of the following:
(1) Determine the purpose for which the program should be
created, which shall be one or more of the following:
(a) Protection of the natural, scenic, agricultural, or open
space qualities of land, or the preservation of natural resources;
(b) Enhancement of sites and areas of special character or
historical, cultural, aesthetic, or economic interest or value;
(c) Encouragement of development in areas deemed appropriate
by the township;
(d) Protection and management of land, water, and other
natural resources.
(2) Determine the best location for sending areas and
receiving areas to accomplish the purposes of the program and to
manage development;
(3) Include a resource assessment to determine which areas
should be preserved or developed to further the purposes of the
program;
(4) Determine what incentives may be used in sending and
receiving areas to make the program more effective;
(5) Determine the nature and number of development rights
that may be severed from each sending area and then attached to a
parcel of real property in a receiving area;
(6) Estimate the population and economic growth during the
next ten years in the unincorporated territory of the township and
estimate the development potential of each proposed sending area
and receiving area;
(7) Consider the density and intensity of development allowed
under applicable zoning, building, and other regulations prior to
the implementation of the program;
(8) Estimate the existing and proposed infrastructure
capacity, including services and facilities, in each proposed
receiving area;
(9) In terms of infrastructure, services, and land
availability, ensure that a receiving area is able to accommodate
the density and intensity of development associated with the
number of development rights that may be applied to it;
(10) Ensure that the program is consistent with the
comprehensive land use plan that is the basis of the township's
zoning regulations.
(C) The board of township trustees may establish a transfer
of development rights program by adopting a zoning resolution or
amending an existing zoning resolution. An amendment establishing
the program may be initiated only under section 519.12 of the
Revised Code by motion of the township zoning commission or by the
passage of a resolution by the board of township trustees
directing the township zoning commission to propose an amendment.
The zoning resolution or amendment establishing the program
shall include procedures for when and how the program's provisions
will be applied to property and the procedures to be used by
property owners for the actual transfer of development rights from
property in a sending area to property in a receiving area. The
regulations imposed by the zoning resolution or amendment
establishing the program need not be uniform for each class or
type of building or other structure or for each use of property
throughout any sending or receiving area, but may vary in order to
accommodate development and provide adequate incentives to
encourage participation in the program.
The zoning resolution or amendment establishing the program
may designate an administrative board to administer transfers of
development rights, which board may be the township zoning
commission, the township board of zoning appeals, a county or
regional planning commission, the board of township trustees, or a
newly created board appointed by the board of township trustees.
If a new board is created to be the administrative board, the
board shall consist of an odd number of members, not to exceed
five, who shall serve staggered terms of office.
If the board of township trustees is the administrative board
for a transfer of development rights program, the board's actions
to effectuate the actual transfer of development rights are
adjudicative, not legislative, actions that may be appealed under
Chapter 2506. of the Revised Code.
(D) The zoning resolution or amendment establishing a
transfer of development rights program may allow for the creation
of an overlay to the zoning map that identifies specific areas in
the unincorporated territory of the township that may be
designated as sending areas and as receiving areas. Alternatively,
the zoning resolution or amendment itself may designate specific
sending areas or receiving areas as an overlay to the zoning map.
A property owner who desires to have the owner's property
designated as a sending area or a receiving area consistent with
the plan required by division (B) of this section may apply to
have the zoning resolution amended under section 519.12 of the
Revised Code to include such an overlay to the zoning map.
A designation as either a sending area or a receiving area on
an overlay to the zoning map does not affect the underlying base
zoning, and a property owner retains all rights, privileges, and
obligations related to that underlying base zoning.
(E)(1) The zoning resolution or amendment establishing a
transfer of development rights program may create a transfer of
development rights bank, to be known as a TDR bank, managed by an
advisory board, known as the TDR bank advisory board. The TDR bank
advisory board may be configured in any manner the board of
township trustees chooses. If the board of township trustees
creates an administrative board to administer transfers of
development rights, it may designate that administrative board
also to act as the TDR bank advisory board.
(2) If the zoning resolution or amendment creates a TDR bank,
it also shall authorize the TDR bank, through the TDR bank
advisory board, to do the following:
(a) Oversee development and implementation of the transfer of
development rights program;
(b) Purchase development rights, and sell or convey any
development rights it possesses, as directed by the board of
township trustees;
(c) Hold indefinitely any development rights it possesses;
(d) Receive donations of development rights;
(e) Facilitate transactions between property owners in
sending and receiving areas through technical assistance and
education;
(f) Monitor conservation or agricultural easements in the
sending area;
(g) Receive funding from the township, proceeds of sales of
development rights, and donations;
(h) Manage the TDR bank fund described in section 505.708 of
the Revised Code;
(i) If directed to do so by the board of township trustees,
establish a selling price for development rights it possesses,
based on local market forces, and extinguish development rights in
its possession in the absence of a buyer in the receiving area.
(F) The establishment of a transfer of development rights
program and the designation of specific areas as sending areas or
as receiving areas are legislative acts subject to section 519.12
of the Revised Code. All actions undertaken under an established
transfer of development rights program are adjudicative actions
subject to appeal under Chapter 2506. of the Revised Code.
Sec. 713.16. (A) As used in this section:
(1) "Agricultural easement" and "conservation easement" have
the same meanings as in section 5301.67 of the Revised Code,
except that the easement also shall be a permanent easement
granted under section 5301.68 of the Revised Code and transferred
to an entity specified in section 5301.69 of the Revised Code.
(2) "Development right" means a specified right assigned to a
parcel of property in a sending area that may be transferred from
that property for application and use on property located in a
designated receiving area. "Development right" includes any of the
following:
(a) A variation in the height, bulk, number of stories, and
size of buildings, in the density of population, or in the square
footage of buildings or other structures allowed in a receiving
area under applicable zoning or subdivision regulations;
(b) A variation in the number of parking spaces required in a
receiving area under applicable building or parking space
regulations;
(c) A variation in the size of lots, set-back building lines,
or the size of yards and courts of buildings and other structures,
in percentages of lot areas that may be occupied by buildings and
other structures, or in open space requirements allowed in a
receiving area under applicable zoning or subdivision regulations;
(d) A variation in utility service tap-in fees or other
utility fees and charges charged in a receiving area by a
political subdivision;
(e) A variation in open space requirements in local laws
applicable to a receiving area;
(f) Any other right that varies the density or intensity of
development in a receiving area or that makes development in a
receiving area economically beneficial.
(3) "Receiving area" means an area of land that is within the
territory of one or more political subdivisions participating in a
joint transfer of development rights program where development
rights transferred from a sending area may be applied and used.
(4) "Sending area" means an area of land that is within the
territory of one or more political subdivisions participating in a
joint transfer of development rights program from which assigned
development rights can be transferred for use in a receiving area.
(B) The legislative authority of one or more municipal
corporations, the board of county commissioners of one or more
counties, and the board of township trustees of one or more
townships may enter into a joint agreement to create a joint
transfer of development rights program whereby the owner of real
property in a designated sending area may agree to have the
owner's property placed in an agricultural or conservation
easement in exchange for an assignment of development rights to
that property that the owner may transfer for application and use
on real property in a designated receiving area. The joint
agreement shall establish the parameters of the program and the
responsibilities of each party to the agreement.
(C) If any sending area or receiving area designated in a
joint transfer of development rights program includes
unincorporated territory in a township that is not participating
in the program and in which no township zoning regulations or
county zoning regulations apply, the parties to the joint
agreement shall provide written notice to the boards of township
trustees in the townships in which that territory is located to
inform the townships that a joint transfer of development rights
program has been created that will affect territory in them.
If any sending area or receiving area designated in the joint
transfer of development rights program includes unincorporated
territory in which township zoning regulations apply, and that
township is not a political subdivision participating in the
program, before the program can be implemented in that territory,
a majority of the board of township trustees of that township must
adopt a resolution approving the program in that territory.
(D) If a joint transfer of development rights program
agreement cannot be implemented without changes to the laws of a
party to the agreement, including changes to a zoning code, that
party may make those changes in accordance with the laws of that
political subdivision if initiated by its legislative authority.
Nothing in the agreement, however, can compel such changes. If
zoning regulations are changed in order to implement the program,
those regulations need not be uniform for each class or type of
building or other structure or for each use of property throughout
any sending or receiving area, but may vary in order to
accommodate development and provide adequate incentives to
encourage participation in the program.
(E) A joint transfer of development rights program agreement
shall not be in derogation of the powers granted to municipal
corporations by Article XVIII of the Ohio Constitution or any
other provisions of the Ohio Constitution or of a municipal
charter. A joint transfer of development rights program agreement
entered into under this section is in addition to any other
agreements authorized by law between municipal corporations and
counties or between municipal corporations and townships.
Sec. 713.17. (A) One of the parties to a joint transfer of
development rights agreement entered into under section 713.16 of
the Revised Code shall establish a separate fund in its treasury
that is designated as a TDR bank fund. The fund shall consist of
all moneys received in connection with the joint transfer of
development rights program. Expenditures from the fund shall be
made only as provided in the joint agreement establishing the
program.
(B)(1) The agreement establishing a joint transfer of
development rights program shall provide for a transfer of
development rights bank, to be known as a TDR bank. The TDR bank
shall be managed by a TDR bank advisory board, which may be a
municipal, county, or regional planning commission, a zoning
commission, a board of zoning appeals, or a combination of those
entities, or it may be a newly created, appointed board configured
in any manner designated in the agreement.
(2) A TDR bank, through the TDR bank advisory board, shall
make recommendations to the legislative authorities of the parties
to the joint agreement on the purchase and sale of development
rights under the program, and may do any or all of the following:
(a) Oversee development and implementation of the joint
transfer of development rights program;
(b) Purchase development rights, and sell or convey any
development rights it possesses, as directed jointly by the
parties to the joint agreement;
(c) Hold indefinitely any development rights it possesses;
(d) Receive donations of development rights;
(e) Facilitate transactions between property owners in
sending and receiving areas through technical assistance and
education;
(f) Monitor conservation or agricultural easements in the
sending area;
(g) Receive funding from the parties to the joint agreement,
proceeds of sales of development rights, and donations;
(h) Manage the TDR bank fund;
(i) If directed to do so by the parties to the agreement
acting jointly, establish a selling price for development rights
it possesses, based on local market forces, and extinguish
development rights in its possession in the absence of a buyer in
the receiving area.
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