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Am. H. B. No. 277 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Becker, Brown, Conditt, Hood, Terhar, Thompson, Blair, Blessing, Burkley, McClain, O'Brien, Ruhl, Sprague Speaker Batchelder
A BILL
To amend sections 709.02 and 709.023 of the Revised
Code to require that the state or a political
subdivision real estate owner be included in
determining the number of owners needed to sign a
petition for an expedited type-II annexation,
unless the real estate is a road or road
right-of-way, and to make other changes regarding
that type of annexation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 709.02 and 709.023 of the Revised
Code be amended to read as follows:
Sec. 709.02. (A) The owners of real estate contiguous to a
municipal corporation may petition for annexation to a municipal
corporation in the manner provided by sections 709.02 to 709.11 of
the Revised Code.
(B) Application for annexation shall be made by a petition
filed with the clerk of the board of county commissioners of the
county in which the territory is located.
(C) The petition required by this section shall contain the
following:
(1) The signatures of a majority of the owners of real estate
in the territory proposed for annexation. The person who signs or
the circulator of the petition also shall write the date the
signature was made next to the owner's name. No signature obtained
more than one hundred eighty days before the date on which the
petition is filed shall be counted in determining the number of
signers of the petition. Any owner who signed the petition may
have the signature removed before the document is filed by
delivering a signed statement to the agent for the petitioners
expressing the owner's wish to have the signature removed. Upon
receiving a signed statement, the agent for the petitioners shall
strike through the signature, causing the signature to be deleted
from the petition.
(2) An accurate legal description of the perimeter and an
accurate map or plat of the territory proposed for annexation;
(3) The name of a person or persons to act as agent for the
petitioners. The agent for the petitioners may be an official,
employee, or agent of the municipal corporation to which
annexation is proposed.
(D) At the time of filing the petition for annexation, the
agent for the petitioners also shall file with the clerk of the
board a list of all tracts, lots, or parcels in the territory
proposed for annexation, and all tracts, lots, or parcels located
adjacent to that territory or directly across the road from it
when the road is adjacent to it, including the name and mailing
address of the owner of each tract, lot, or parcel, and the
permanent parcel number from the county auditor's permanent parcel
numbering system established under section 319.28 of the Revised
Code for each tract, lot, or parcel. This list shall not be
considered to be a part of the petition for annexation, and any
error on the list shall not affect the validity of the petition.
(E)(1) As used in this section and in sections 709.02 709.021
to 709.21, 709.38, and 709.39 of the Revised Code, "owner" or
"owners" means any adult individual who is legally competent, the
state or any political subdivision as defined in section 5713.081
of the Revised Code, and any firm, trustee, or private
corporation, any of which is seized of a freehold estate in land;
except that easements and any railroad, utility, street, and
highway rights-of-way held in fee, by easement, or by dedication
and acceptance are not included within those meanings; and no
person, firm, trustee, or private corporation, the state, or any
political subdivision, that has become an owner of real estate by
a conveyance, the primary purpose of which is to affect the number
of owners required to sign a petition for annexation, is included
within those meanings.
For
(2) For purposes of this section and sections 709.02
709.021,
709.022, 709.024 to 709.21, 709.38, and 709.39 of the Revised
Code, the state or any political subdivision shall not be
considered an owner and shall not be included in determining the
number of owners needed to sign a petition unless an authorized
agent of the state or the political subdivision signs the
petition. The authorized agent for the state shall be the director
of administrative services.
(3) For purposes of section 709.023 of the Revised Code, the
state or any political subdivision shall be considered an owner
and shall be included in determining the number of owners needed
to sign an annexation petition filed under that section, unless
the only real estate in the territory proposed for annexation that
is owned by the state or a political subdivision is a road or road
right-of-way. Only the director of administrative services, on
behalf of the state as an owner, or an authorized agent, on behalf
of a political subdivision as an owner, may sign a petition filed
under section 709.023 of the Revised Code.
(4) An owner is determined as of the date the petition is
filed with the board of county commissioners, except that any
owner whose signature has been removed from the petition pursuant
to division (B) of section 709.023 of the Revised Code shall not
be counted as an owner under division (E)(2) of that section. If
the owner is a corporation, partnership, business trust, estate,
trust, organization, association, group, institution, society,
state, or political subdivision, the petition shall be signed by a
person who is authorized to sign for that entity. A
(5) A person who owns more than one parcel of real estate,
either individually or as a tenant in common or by survivorship
tenancy, shall be counted as one owner for purposes of this
chapter.
Sec. 709.023. (A) A petition filed under section 709.021 of
the Revised Code that requests to follow this section is for the
special procedure of annexing land into a municipal corporation
when, subject to division (H) of this section, the land also is
not to be excluded from the township under section 503.07 of the
Revised Code. The owners who sign this petition by their signature
expressly waive their right to appeal in law or equity from the
board of county commissioners' entry of any resolution under this
section, waive any rights they may have to sue on any issue
relating to a municipal corporation requiring a buffer as provided
in this section, and waive any rights to seek a variance that
would relieve or exempt them from that buffer requirement.
The petition circulated to collect signatures for the special
procedure in this section shall contain in boldface capital
letters immediately above the heading of the place for signatures
on each part of the petition the following: "WHOEVER SIGNS THIS
PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY
FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION
PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT
OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS
DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE."
(B) Upon the filing of the petition in the office of the
clerk of the board of county commissioners, the clerk shall cause
the petition to be entered upon the board's journal at its next
regular session. This entry shall be the first official act of the
board on the petition. Within five days after the filing of the
petition, the agent for the petitioners shall notify in the manner
and form specified in this division the clerk of the legislative
authority of the municipal corporation to which annexation is
proposed, the fiscal officer of each township any portion of which
is included within the territory proposed for annexation, the
clerk of the board of county commissioners of each county in which
the territory proposed for annexation is located other than the
county in which the petition is filed, and the owners of property
adjacent to the territory proposed for annexation or adjacent to a
road that is adjacent to that territory and located directly
across that road from that territory. The notice shall refer to
the time and date when the petition was filed and the county in
which it was filed and shall have attached or shall be accompanied
by a copy of the petition and any attachments or documents
accompanying the petition as filed.
Notice to a property owner is sufficient if sent by regular
United States mail to the tax mailing address listed on the county
auditor's records. Notice to the appropriate government officer
shall be given by certified mail, return receipt requested, or by
causing the notice to be personally served on the officer, with
proof of service by affidavit of the person who delivered the
notice. Proof of service of the notice on each appropriate
government officer shall be filed with the board of county
commissioners with which the petition was filed.
Within seven days after the date the agent for the
petitioners mails or causes to be personally served the notices
required by this division, any property owner who signed the
petition may remove the owner's signature from the petition by
filing with the clerk of the board of county commissioners a
written notice of withdrawal of the owner's signature.
(C) Within twenty days after the date that the petition is
filed, the legislative authority of the municipal corporation to
which annexation is proposed shall adopt an ordinance or
resolution stating what services the municipal corporation will
provide, and an approximate date by which it will provide them, to
the territory proposed for annexation, upon annexation. The
municipal corporation is entitled in its sole discretion to
provide to the territory proposed for annexation, upon annexation,
services in addition to the services described in that ordinance
or resolution.
If the territory proposed for annexation is subject to zoning
regulations adopted under either Chapter 303. or 519. of the
Revised Code at the time the petition is filed, the legislative
authority of the municipal corporation also shall adopt an
ordinance or resolution stating that, if the territory is annexed
and becomes subject to zoning by the municipal corporation and
that municipal zoning permits uses in the annexed territory that
the municipal corporation determines are clearly incompatible with
the uses permitted under current county or township zoning
regulations in the adjacent land remaining within the township
from which the territory was annexed, the legislative authority of
the municipal corporation will require, in the zoning ordinance
permitting the incompatible uses, the owner of the annexed
territory to provide a buffer separating the use of the annexed
territory and the adjacent land remaining within the township. For
the purposes of this section, "buffer" includes open space,
landscaping, fences, walls, and other structured elements; streets
and street rights-of-way; and bicycle and pedestrian paths and
sidewalks.
The clerk of the legislative authority of the municipal
corporation to which annexation is proposed shall file the
ordinances or resolutions adopted under this division with the
board of county commissioners within twenty days following the
date that the petition is filed. The board shall make these
ordinances or resolutions available for public inspection.
(D) Within twenty-five days after the date that the petition
is filed, the legislative authority of the municipal corporation
to which annexation is proposed and each township any portion of
which is included within the territory proposed for annexation may
adopt and file with the board of county commissioners an ordinance
or resolution consenting or objecting to the proposed annexation.
An objection to the proposed annexation shall be based solely upon
the petition's failure to meet the conditions specified in
division (E) of this section.
If the municipal corporation and each of those townships
timely files an ordinance or resolution consenting to the proposed
annexation, the board at its next regular session shall enter upon
its journal a resolution granting the proposed annexation. If,
instead, the municipal corporation or any of those townships files
an ordinance or resolution that objects to the proposed
annexation, the board of county commissioners shall proceed as
provided in division (E) of this section. Failure of the municipal
corporation or any of those townships to timely file an ordinance
or resolution consenting or objecting to the proposed annexation
shall be deemed to constitute consent by that municipal
corporation or township to the proposed annexation.
(E) Unless the petition is granted under division (D) of this
section, not less than thirty or nor more than forty-five days
after the date that the petition is filed, the board of county
commissioners shall review it to determine if each of the
following conditions has been met:
(1) The petition meets all the requirements set forth in, and
was filed in the manner provided in, section 709.021 of the
Revised Code.
(2) The persons who signed the petition are owners of the
real estate located in the territory proposed for annexation and
constitute all of the owners of real estate in that territory.
(3) The territory proposed for annexation does not exceed
five hundred acres.
(4) The territory proposed for annexation shares a contiguous
boundary with the municipal corporation to which annexation is
proposed for a continuous length of at least five per cent of the
perimeter of the territory proposed for annexation.
(5) The annexation will not create an unincorporated area of
the township that is completely surrounded by the territory
proposed for annexation.
(6) The municipal corporation to which annexation is proposed
has agreed to provide to the territory proposed for annexation the
services specified in the relevant ordinance or resolution adopted
under division (C) of this section.
(7) If a street or highway will be divided or segmented by
the boundary line between the township and the municipal
corporation as to create a road maintenance problem, the municipal
corporation to which annexation is proposed has agreed as a
condition of the annexation to assume the maintenance of that
street or highway or to otherwise correct the problem. As used in
this section, "street" or "highway" has the same meaning as in
section 4511.01 of the Revised Code.
(F) Not less than thirty or more than forty-five days after
the date that the petition is filed, if the petition is not
granted under division (D) of this section, the board of county
commissioners, if it finds that each of the conditions specified
in division (E) of this section has been met, shall enter upon its
journal a resolution granting the annexation. If the board of
county commissioners finds that one or more of the conditions
specified in division (E) of this section have not been met, it
shall enter upon its journal a resolution that states which of
those conditions the board finds have not been met and that denies
the petition.
(G) If a petition is granted under division (D) or (F) of
this section, the clerk of the board of county commissioners shall
proceed as provided in division (C)(1) of section 709.033 of the
Revised Code, except that no recording or hearing exhibits would
be involved. There is no appeal in law or equity from the board's
entry of any resolution under this section, but any party may seek
a writ of mandamus to compel the board of county commissioners to
perform its duties under this section.
(H) Notwithstanding anything to the contrary in section
503.07 of the Revised Code, unless otherwise provided in an
annexation agreement entered into pursuant to section 709.192 of
the Revised Code or in a cooperative economic development
agreement entered into pursuant to section 701.07 of the Revised
Code, territory annexed into a municipal corporation pursuant to
this section shall not at any time be excluded from the township
under section 503.07 of the Revised Code and, thus, remains
subject to the township's real property taxes.
(I) Any owner of land that remains within a township and that
is adjacent to territory annexed pursuant to this section who is
directly affected by the failure of the annexing municipal
corporation to enforce compliance with any zoning ordinance it
adopts under division (C) of this section requiring the owner of
the annexed territory to provide a buffer zone, may commence in
the court of common pleas a civil action against that owner to
enforce compliance with that buffer requirement whenever the
required buffer is not in place before any development of the
annexed territory begins.
(J) Division (H)(12) of section 718.01 of the Revised Code
applies to the compensation paid to persons performing personal
services for a political subdivision on property owned by the
political subdivision after that property is annexed to a
municipal corporation under this section.
Section 2. That existing sections 709.02 and 709.023 of the
Revised Code are hereby repealed.
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