Bill Text: OH HB277 | 2013-2014 | 130th General Assembly | Engrossed
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Republican 13-2)
Status: (Engrossed - Dead) 2014-05-15 - To State Government Oversight & Reform [HB277 Detail]
Download: Ohio-2013-HB277-Engrossed.html
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Representative Stautberg
Cosponsors:
Representatives Becker, Brown, Conditt, Hood, Terhar, Thompson, Blair, Blessing, Burkley, McClain, O'Brien, Ruhl, Sprague Speaker Batchelder
| To amend sections 709.02 and 709.023 of the Revised | 1 |
| Code to require that the state or a political | 2 |
| subdivision real estate owner be included in | 3 |
| determining the number of owners needed to sign a | 4 |
| petition for an expedited type-II annexation, | 5 |
| unless the real estate is a road or road | 6 |
| right-of-way, and to make other changes regarding | 7 |
| that type of annexation. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 709.02 and 709.023 of the Revised | 9 |
| Code be amended to read as follows: | 10 |
| Sec. 709.02. (A) The owners of real estate contiguous to a | 11 |
| municipal corporation may petition for annexation to a municipal | 12 |
| corporation in the manner provided by sections 709.02 to 709.11 of | 13 |
| the Revised Code. | 14 |
| (B) Application for annexation shall be made by a petition | 15 |
| filed with the clerk of the board of county commissioners of the | 16 |
| county in which the territory is located. | 17 |
| (C) The petition required by this section shall contain the | 18 |
| following: | 19 |
| (1) The signatures of a majority of the owners of real estate | 20 |
| in the territory proposed for annexation. The person who signs or | 21 |
| the circulator of the petition also shall write the date the | 22 |
| signature was made next to the owner's name. No signature obtained | 23 |
| more than one hundred eighty days before the date on which the | 24 |
| petition is filed shall be counted in determining the number of | 25 |
| signers of the petition. Any owner who signed the petition may | 26 |
| have the signature removed before the document is filed by | 27 |
| delivering a signed statement to the agent for the petitioners | 28 |
| expressing the owner's wish to have the signature removed. Upon | 29 |
| receiving a signed statement, the agent for the petitioners shall | 30 |
| strike through the signature, causing the signature to be deleted | 31 |
| from the petition. | 32 |
| (2) An accurate legal description of the perimeter and an | 33 |
| accurate map or plat of the territory proposed for annexation; | 34 |
| (3) The name of a person or persons to act as agent for the | 35 |
| petitioners. The agent for the petitioners may be an official, | 36 |
| employee, or agent of the municipal corporation to which | 37 |
| annexation is proposed. | 38 |
| (D) At the time of filing the petition for annexation, the | 39 |
| agent for the petitioners also shall file with the clerk of the | 40 |
| board a list of all tracts, lots, or parcels in the territory | 41 |
| proposed for annexation, and all tracts, lots, or parcels located | 42 |
| adjacent to that territory or directly across the road from it | 43 |
| when the road is adjacent to it, including the name and mailing | 44 |
| address of the owner of each tract, lot, or parcel, and the | 45 |
| permanent parcel number from the county auditor's permanent parcel | 46 |
| numbering system established under section 319.28 of the Revised | 47 |
| Code for each tract, lot, or parcel. This list shall not be | 48 |
| considered to be a part of the petition for annexation, and any | 49 |
| error on the list shall not affect the validity of the petition. | 50 |
| (E)(1) As used in this section and in sections | 51 |
| to 709.21, 709.38, and 709.39 of the Revised Code, "owner" or | 52 |
| "owners" means any adult individual who is legally competent, the | 53 |
| state or any political subdivision as defined in section 5713.081 | 54 |
| of the Revised Code, and any firm, trustee, or private | 55 |
| corporation, any of which is seized of a freehold estate in land; | 56 |
| except that easements and any railroad, utility, street, and | 57 |
| highway rights-of-way held in fee, by easement, or by dedication | 58 |
| and acceptance are not included within those meanings; and no | 59 |
| person, firm, trustee, or private corporation, the state, or any | 60 |
| political subdivision, that has become an owner of real estate by | 61 |
| a conveyance, the primary purpose of which is to affect the number | 62 |
| of owners required to sign a petition for annexation, is included | 63 |
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within those meanings.
| 64 |
| (2) For purposes of this section and sections | 65 |
| 709.022, 709.024 to 709.21, 709.38, and 709.39 of the Revised | 66 |
| Code, the state or any political subdivision shall not be | 67 |
| considered an owner and shall not be included in determining the | 68 |
| number of owners needed to sign a petition unless an authorized | 69 |
| agent of the state or the political subdivision signs the | 70 |
| petition. The authorized agent for the state shall be the director | 71 |
| of administrative services. | 72 |
| (3) For purposes of section 709.023 of the Revised Code, the | 73 |
| state or any political subdivision shall be considered an owner | 74 |
| and shall be included in determining the number of owners needed | 75 |
| to sign an annexation petition filed under that section, unless | 76 |
| the only real estate in the territory proposed for annexation that | 77 |
| is owned by the state or a political subdivision is a road or road | 78 |
| right-of-way. Only the director of administrative services, on | 79 |
| behalf of the state as an owner, or an authorized agent, on behalf | 80 |
| of a political subdivision as an owner, may sign a petition filed | 81 |
| under section 709.023 of the Revised Code. | 82 |
| (4) An owner is determined as of the date the petition is | 83 |
| filed with the board of county commissioners, except that any | 84 |
| owner whose signature has been removed from the petition pursuant | 85 |
| to division (B) of section 709.023 of the Revised Code shall not | 86 |
| be counted as an owner under division (E)(2) of that section. If | 87 |
| the owner is a corporation, partnership, business trust, estate, | 88 |
| trust, organization, association, group, institution, society, | 89 |
| state, or political subdivision, the petition shall be signed by a | 90 |
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person who is authorized to sign for that entity. | 91 |
| (5) A person who owns more than one parcel of real estate, | 92 |
| either individually or as a tenant in common or by survivorship | 93 |
| tenancy, shall be counted as one owner for purposes of this | 94 |
| chapter. | 95 |
| Sec. 709.023. (A) A petition filed under section 709.021 of | 96 |
| the Revised Code that requests to follow this section is for the | 97 |
| special procedure of annexing land into a municipal corporation | 98 |
| when, subject to division (H) of this section, the land also is | 99 |
| not to be excluded from the township under section 503.07 of the | 100 |
| Revised Code. The owners who sign this petition by their signature | 101 |
| expressly waive their right to appeal in law or equity from the | 102 |
| board of county commissioners' entry of any resolution under this | 103 |
| section, waive any rights they may have to sue on any issue | 104 |
| relating to a municipal corporation requiring a buffer as provided | 105 |
| in this section, and waive any rights to seek a variance that | 106 |
| would relieve or exempt them from that buffer requirement. | 107 |
| The petition circulated to collect signatures for the special | 108 |
| procedure in this section shall contain in boldface capital | 109 |
| letters immediately above the heading of the place for signatures | 110 |
| on each part of the petition the following: "WHOEVER SIGNS THIS | 111 |
| PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY | 112 |
| FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION | 113 |
| PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT | 114 |
| OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS | 115 |
| DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE." | 116 |
| (B) Upon the filing of the petition in the office of the | 117 |
| clerk of the board of county commissioners, the clerk shall cause | 118 |
| the petition to be entered upon the board's journal at its next | 119 |
| regular session. This entry shall be the first official act of the | 120 |
| board on the petition. Within five days after the filing of the | 121 |
| petition, the agent for the petitioners shall notify in the manner | 122 |
| and form specified in this division the clerk of the legislative | 123 |
| authority of the municipal corporation to which annexation is | 124 |
| proposed, the fiscal officer of each township any portion of which | 125 |
| is included within the territory proposed for annexation, the | 126 |
| clerk of the board of county commissioners of each county in which | 127 |
| the territory proposed for annexation is located other than the | 128 |
| county in which the petition is filed, and the owners of property | 129 |
| adjacent to the territory proposed for annexation or adjacent to a | 130 |
| road that is adjacent to that territory and located directly | 131 |
| across that road from that territory. The notice shall refer to | 132 |
| the time and date when the petition was filed and the county in | 133 |
| which it was filed and shall have attached or shall be accompanied | 134 |
| by a copy of the petition and any attachments or documents | 135 |
| accompanying the petition as filed. | 136 |
| Notice to a property owner is sufficient if sent by regular | 137 |
| United States mail to the tax mailing address listed on the county | 138 |
| auditor's records. Notice to the appropriate government officer | 139 |
| shall be given by certified mail, return receipt requested, or by | 140 |
| causing the notice to be personally served on the officer, with | 141 |
| proof of service by affidavit of the person who delivered the | 142 |
| notice. Proof of service of the notice on each appropriate | 143 |
| government officer shall be filed with the board of county | 144 |
| commissioners with which the petition was filed. | 145 |
| Within seven days after the date the agent for the | 146 |
| petitioners mails or causes to be personally served the notices | 147 |
| required by this division, any property owner who signed the | 148 |
| petition may remove the owner's signature from the petition by | 149 |
| filing with the clerk of the board of county commissioners a | 150 |
| written notice of withdrawal of the owner's signature. | 151 |
| (C) Within twenty days after the date that the petition is | 152 |
| filed, the legislative authority of the municipal corporation to | 153 |
| which annexation is proposed shall adopt an ordinance or | 154 |
| resolution stating what services the municipal corporation will | 155 |
| provide, and an approximate date by which it will provide them, to | 156 |
| the territory proposed for annexation, upon annexation. The | 157 |
| municipal corporation is entitled in its sole discretion to | 158 |
| provide to the territory proposed for annexation, upon annexation, | 159 |
| services in addition to the services described in that ordinance | 160 |
| or resolution. | 161 |
| If the territory proposed for annexation is subject to zoning | 162 |
| regulations adopted under either Chapter 303. or 519. of the | 163 |
| Revised Code at the time the petition is filed, the legislative | 164 |
| authority of the municipal corporation also shall adopt an | 165 |
| ordinance or resolution stating that, if the territory is annexed | 166 |
| and becomes subject to zoning by the municipal corporation and | 167 |
| that municipal zoning permits uses in the annexed territory that | 168 |
| the municipal corporation determines are clearly incompatible with | 169 |
| the uses permitted under current county or township zoning | 170 |
| regulations in the adjacent land remaining within the township | 171 |
| from which the territory was annexed, the legislative authority of | 172 |
| the municipal corporation will require, in the zoning ordinance | 173 |
| permitting the incompatible uses, the owner of the annexed | 174 |
| territory to provide a buffer separating the use of the annexed | 175 |
| territory and the adjacent land remaining within the township. For | 176 |
| the purposes of this section, "buffer" includes open space, | 177 |
| landscaping, fences, walls, and other structured elements; streets | 178 |
| and street rights-of-way; and bicycle and pedestrian paths and | 179 |
| sidewalks. | 180 |
| The clerk of the legislative authority of the municipal | 181 |
| corporation to which annexation is proposed shall file the | 182 |
| ordinances or resolutions adopted under this division with the | 183 |
| board of county commissioners within twenty days following the | 184 |
| date that the petition is filed. The board shall make these | 185 |
| ordinances or resolutions available for public inspection. | 186 |
| (D) Within twenty-five days after the date that the petition | 187 |
| is filed, the legislative authority of the municipal corporation | 188 |
| to which annexation is proposed and each township any portion of | 189 |
| which is included within the territory proposed for annexation may | 190 |
| adopt and file with the board of county commissioners an ordinance | 191 |
| or resolution consenting or objecting to the proposed annexation. | 192 |
| An objection to the proposed annexation shall be based solely upon | 193 |
| the petition's failure to meet the conditions specified in | 194 |
| division (E) of this section. | 195 |
| If the municipal corporation and each of those townships | 196 |
| timely files an ordinance or resolution consenting to the proposed | 197 |
| annexation, the board at its next regular session shall enter upon | 198 |
| its journal a resolution granting the proposed annexation. If, | 199 |
| instead, the municipal corporation or any of those townships files | 200 |
| an ordinance or resolution that objects to the proposed | 201 |
| annexation, the board of county commissioners shall proceed as | 202 |
| provided in division (E) of this section. Failure of the municipal | 203 |
| corporation or any of those townships to timely file an ordinance | 204 |
| or resolution consenting or objecting to the proposed annexation | 205 |
| shall be deemed to constitute consent by that municipal | 206 |
| corporation or township to the proposed annexation. | 207 |
| (E) Unless the petition is granted under division (D) of this | 208 |
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section, not less than thirty | 209 |
| after the date that the petition is filed, the board of county | 210 |
| commissioners shall review it to determine if each of the | 211 |
| following conditions has been met: | 212 |
| (1) The petition meets all the requirements set forth in, and | 213 |
| was filed in the manner provided in, section 709.021 of the | 214 |
| Revised Code. | 215 |
| (2) The persons who signed the petition are owners of the | 216 |
| real estate located in the territory proposed for annexation and | 217 |
| constitute all of the owners of real estate in that territory. | 218 |
| (3) The territory proposed for annexation does not exceed | 219 |
| five hundred acres. | 220 |
| (4) The territory proposed for annexation shares a contiguous | 221 |
| boundary with the municipal corporation to which annexation is | 222 |
| proposed for a continuous length of at least five per cent of the | 223 |
| perimeter of the territory proposed for annexation. | 224 |
| (5) The annexation will not create an unincorporated area of | 225 |
| the township that is completely surrounded by the territory | 226 |
| proposed for annexation. | 227 |
| (6) The municipal corporation to which annexation is proposed | 228 |
| has agreed to provide to the territory proposed for annexation the | 229 |
| services specified in the relevant ordinance or resolution adopted | 230 |
| under division (C) of this section. | 231 |
| (7) If a street or highway will be divided or segmented by | 232 |
| the boundary line between the township and the municipal | 233 |
| corporation as to create a road maintenance problem, the municipal | 234 |
| corporation to which annexation is proposed has agreed as a | 235 |
| condition of the annexation to assume the maintenance of that | 236 |
| street or highway or to otherwise correct the problem. As used in | 237 |
| this section, "street" or "highway" has the same meaning as in | 238 |
| section 4511.01 of the Revised Code. | 239 |
| (F) Not less than thirty or more than forty-five days after | 240 |
| the date that the petition is filed, if the petition is not | 241 |
| granted under division (D) of this section, the board of county | 242 |
| commissioners, if it finds that each of the conditions specified | 243 |
| in division (E) of this section has been met, shall enter upon its | 244 |
| journal a resolution granting the annexation. If the board of | 245 |
| county commissioners finds that one or more of the conditions | 246 |
| specified in division (E) of this section have not been met, it | 247 |
| shall enter upon its journal a resolution that states which of | 248 |
| those conditions the board finds have not been met and that denies | 249 |
| the petition. | 250 |
| (G) If a petition is granted under division (D) or (F) of | 251 |
| this section, the clerk of the board of county commissioners shall | 252 |
| proceed as provided in division (C)(1) of section 709.033 of the | 253 |
| Revised Code, except that no recording or hearing exhibits would | 254 |
| be involved. There is no appeal in law or equity from the board's | 255 |
| entry of any resolution under this section, but any party may seek | 256 |
| a writ of mandamus to compel the board of county commissioners to | 257 |
| perform its duties under this section. | 258 |
| (H) Notwithstanding anything to the contrary in section | 259 |
| 503.07 of the Revised Code, unless otherwise provided in an | 260 |
| annexation agreement entered into pursuant to section 709.192 of | 261 |
| the Revised Code or in a cooperative economic development | 262 |
| agreement entered into pursuant to section 701.07 of the Revised | 263 |
| Code, territory annexed into a municipal corporation pursuant to | 264 |
| this section shall not at any time be excluded from the township | 265 |
| under section 503.07 of the Revised Code and, thus, remains | 266 |
| subject to the township's real property taxes. | 267 |
| (I) Any owner of land that remains within a township and that | 268 |
| is adjacent to territory annexed pursuant to this section who is | 269 |
| directly affected by the failure of the annexing municipal | 270 |
| corporation to enforce compliance with any zoning ordinance it | 271 |
| adopts under division (C) of this section requiring the owner of | 272 |
| the annexed territory to provide a buffer zone, may commence in | 273 |
| the court of common pleas a civil action against that owner to | 274 |
| enforce compliance with that buffer requirement whenever the | 275 |
| required buffer is not in place before any development of the | 276 |
| annexed territory begins. | 277 |
| (J) Division (H)(12) of section 718.01 of the Revised Code | 278 |
| applies to the compensation paid to persons performing personal | 279 |
| services for a political subdivision on property owned by the | 280 |
| political subdivision after that property is annexed to a | 281 |
| municipal corporation under this section. | 282 |
| Section 2. That existing sections 709.02 and 709.023 of the | 283 |
| Revised Code are hereby repealed. | 284 |
