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To enact sections 303.024, 307.071, 505.708, 519.023, | 1 |
713.16, and 713.17 of the Revised Code to permit | 2 |
townships, counties, and combinations of | 3 |
townships, counties, and municipal corporations to | 4 |
establish transfer of development rights programs. | 5 |
Section 1. That sections 303.024, 307.071, 505.708, 519.023, | 6 |
713.16, and 713.17 of the Revised Code be enacted to read as | 7 |
follows: | 8 |
Sec. 303.024. (A) As used in this section: | 9 |
(1) "Agricultural easement" and "conservation easement" have | 10 |
the same meanings as in section 5301.67 of the Revised Code, | 11 |
except that the easement also shall be a permanent easement | 12 |
granted under section 5301.68 of the Revised Code and transferred | 13 |
to an entity specified in section 5301.69 of the Revised Code. | 14 |
(2) "Development right" means a specified right assigned to a | 15 |
parcel of property in a sending area that may be transferred from | 16 |
that property for application and use on property located in a | 17 |
designated receiving area. "Development right" includes any of the | 18 |
following: | 19 |
(a) A variation in the height, bulk, number of stories, and | 20 |
size of buildings, in the density of population, or in the square | 21 |
footage of buildings or other structures allowed in a receiving | 22 |
area under applicable zoning or subdivision regulations; | 23 |
(b) A variation in the number of parking spaces required in a | 24 |
receiving area under applicable building or parking space | 25 |
regulations; | 26 |
(c) A variation in the size of lots, set-back building lines, | 27 |
or the size of yards and courts of buildings and other structures, | 28 |
in percentages of lot areas that may be occupied by buildings and | 29 |
other structures, or in open space requirements allowed in a | 30 |
receiving area under applicable zoning or subdivision regulations; | 31 |
(d) A variation in utility service tap-in fees or other | 32 |
utility fees and charges charged in a receiving area by the | 33 |
county; | 34 |
(e) A variation in open space requirements in local laws | 35 |
applicable to a receiving area; | 36 |
(f) Any other right that varies the density or intensity of | 37 |
development in a receiving area or that makes development in a | 38 |
receiving area economically beneficial. | 39 |
(3) "Receiving area" means an area of land in the | 40 |
unincorporated area of a county where development rights | 41 |
transferred from a sending area may be applied and used. | 42 |
(4) "Sending area" means an area of land in the | 43 |
unincorporated area of a county from which assigned development | 44 |
rights can be transferred for use in a receiving area. | 45 |
(B) A board of county commissioners may establish a transfer | 46 |
of development rights program whereby the owner of real property | 47 |
in a designated sending area in the unincorporated territory of | 48 |
the county may agree to have the owner's real property placed in | 49 |
an agricultural or conservation easement in exchange for an | 50 |
assignment of development rights to that property that the owner | 51 |
may transfer for application and use on real property in a | 52 |
designated receiving area in the unincorporated territory of the | 53 |
county. The program may be established only after the board of | 54 |
county commissioners conducts a study and adopts a plan based upon | 55 |
the results of that study. The study and resulting plan together | 56 |
shall do all of the following: | 57 |
(1) Determine the purpose for which the program should be | 58 |
created, which shall be one or more of the following: | 59 |
(a) Protection of the natural, scenic, agricultural, or open | 60 |
space qualities of land, or the preservation of natural resources; | 61 |
(b) Enhancement of sites and areas of special character or | 62 |
historical, cultural, aesthetic, or economic interest or value; | 63 |
(c) Encouragement of development in areas deemed appropriate | 64 |
by the county; | 65 |
(d) Protection and management of land, water, and other | 66 |
natural resources. | 67 |
(2) Determine the best location for sending areas and | 68 |
receiving areas to accomplish the purposes of the program and to | 69 |
manage development; | 70 |
(3) Include a resource assessment to determine which areas | 71 |
should be preserved or developed to further the purposes of the | 72 |
program; | 73 |
(4) Determine what incentives may be used in sending and | 74 |
receiving areas to make the program more effective; | 75 |
(5) Determine the nature and number of development rights | 76 |
that may be severed from each sending area and then attached to a | 77 |
parcel of real property in a receiving area; | 78 |
(6) Estimate the population and economic growth during the | 79 |
next ten years in the unincorporated territory of the county and | 80 |
estimate the development potential of each proposed sending area | 81 |
and receiving area; | 82 |
(7) Consider the density and intensity of development allowed | 83 |
under applicable zoning, building, and other regulations prior to | 84 |
the implementation of the program; | 85 |
(8) Estimate the existing and proposed infrastructure | 86 |
capacity, including services and facilities, in each proposed | 87 |
receiving area; | 88 |
(9) In terms of infrastructure, services, and land | 89 |
availability, ensure that a receiving area is able to accommodate | 90 |
the density and intensity of development associated with the | 91 |
number of development rights that may be applied to it; | 92 |
(10) Ensure that the program is consistent with the | 93 |
comprehensive land use plan that is the basis of the county's | 94 |
zoning regulations. | 95 |
(C) The board of county commissioners may establish a | 96 |
transfer of development rights program by adopting a zoning | 97 |
resolution or amending an existing zoning resolution. An amendment | 98 |
establishing the program may be initiated only under section | 99 |
303.12 of the Revised Code by motion of the county rural zoning | 100 |
commission or by the passage of a resolution by the board of | 101 |
county commissioners directing the county rural zoning commission | 102 |
to propose an amendment. | 103 |
The zoning resolution or amendment establishing the program | 104 |
shall include procedures for when and how the program's provisions | 105 |
will be applied to property and the procedures to be used by | 106 |
property owners for the actual transfer of development rights from | 107 |
property in a sending area to property in a receiving area. The | 108 |
regulations imposed by the zoning resolution or amendment | 109 |
establishing the program need not be uniform for each class or | 110 |
type of building or other structure or for each use of property | 111 |
throughout any sending or receiving area, but may vary in order to | 112 |
accommodate development and provide adequate incentives to | 113 |
encourage participation in the program. | 114 |
The zoning resolution or amendment establishing the program | 115 |
may designate an administrative board to administer transfers of | 116 |
development rights, which board may be the county rural zoning | 117 |
commission, the county board of zoning appeals, a county or | 118 |
regional planning commission, the board of county commissioners, | 119 |
or a newly created board appointed by the board of county | 120 |
commissioners. If a new board is created to be the administrative | 121 |
board, the board shall consist of an odd number of members, not to | 122 |
exceed five, who shall serve staggered terms of office. | 123 |
If the board of county commissioners is the administrative | 124 |
board for a transfer of development rights program, the board's | 125 |
actions to effectuate the actual transfer of development rights | 126 |
are adjudicative, not legislative, actions that may be appealed | 127 |
under Chapter 2506. of the Revised Code. | 128 |
(D) The zoning resolution or amendment establishing a | 129 |
transfer of development rights program may allow for the creation | 130 |
of an overlay to the zoning map that identifies specific areas in | 131 |
the unincorporated territory of the county that may be designated | 132 |
as sending areas and as receiving areas. Alternatively, the zoning | 133 |
resolution or amendment itself may designate specific sending | 134 |
areas or receiving areas as an overlay to the zoning map. A | 135 |
property owner who desires to have the owner's property designated | 136 |
as a sending area or a receiving area consistent with the plan | 137 |
required by division (B) of this section may apply to have the | 138 |
zoning resolution amended under section 303.12 of the Revised Code | 139 |
to include such an overlay to the zoning map. | 140 |
A designation as either a sending area or a receiving area on | 141 |
an overlay to the zoning map does not affect the underlying base | 142 |
zoning, and a property owner retains all rights, privileges, and | 143 |
obligations related to that underlying base zoning. | 144 |
(E)(1) The zoning resolution or amendment establishing a | 145 |
transfer of development rights program may create a transfer of | 146 |
development rights bank, to be known as a TDR bank, managed by an | 147 |
advisory board, known as the TDR bank advisory board. The TDR bank | 148 |
advisory board may be configured in any manner the board of county | 149 |
commissioners chooses. If the board of county commissioners | 150 |
creates an administrative board to administer transfers of | 151 |
development rights, it may designate that administrative board | 152 |
also to act as the TDR bank advisory board. | 153 |
(2) If the zoning resolution or amendment creates a TDR bank, | 154 |
it also shall authorize the TDR bank, through the TDR bank | 155 |
advisory board, to do the following: | 156 |
(a) Oversee development and implementation of the transfer of | 157 |
development rights program; | 158 |
(b) Purchase development rights, and sell or convey any | 159 |
development rights it possesses, as directed by the board of | 160 |
county commissioners; | 161 |
(c) Hold indefinitely any development rights it possesses; | 162 |
(d) Receive donations of development rights; | 163 |
(e) Facilitate transactions between property owners in | 164 |
sending and receiving areas through technical assistance and | 165 |
education; | 166 |
(f) Monitor conservation or agricultural easements in the | 167 |
sending area; | 168 |
(g) Receive funding from the county, proceeds of sales of | 169 |
development rights, and donations; | 170 |
(h) Manage the TDR bank fund described in section 307.071 of | 171 |
the Revised Code; | 172 |
(i) If directed to do so by the board of county | 173 |
commissioners, establish a selling price for development rights it | 174 |
possesses, based on local market forces, and extinguish | 175 |
development rights in its possession in the absence of a buyer in | 176 |
the receiving area. | 177 |
(F) The establishment of a transfer of development rights | 178 |
program and the designation of specific areas as sending areas or | 179 |
as receiving areas are legislative acts subject to section 303.12 | 180 |
of the Revised Code. All actions undertaken under an established | 181 |
transfer of development rights program are adjudicative actions | 182 |
subject to appeal under Chapter 2506. of the Revised Code. | 183 |
(G) If any sending area or receiving area designated in a | 184 |
county transfer of development rights program includes | 185 |
unincorporated territory in which no township zoning regulations | 186 |
or county zoning regulations apply, the board of county | 187 |
commissioners shall provide written notice to the boards of | 188 |
township trustees in the townships in which that territory is | 189 |
located to inform the townships that a county transfer of | 190 |
development rights program has been created that will affect | 191 |
territory in them. | 192 |
If any sending area or receiving area designated in a county | 193 |
transfer of development rights program includes unincorporated | 194 |
territory in which township zoning regulations apply, the program | 195 |
cannot be implemented in that territory until a majority of the | 196 |
board of township trustees adopts a resolution approving the | 197 |
program in the territory, and the resolution is sent to and | 198 |
received by the board of county commissioners. | 199 |
Sec. 307.071. A board of county commissioners that creates a | 200 |
transfer of development rights program under section 303.024 of | 201 |
the Revised Code may establish, as a separate fund in the county | 202 |
treasury, a TDR bank fund that shall consist of all moneys | 203 |
received in connection with the county's transfer of development | 204 |
rights program. If a TDR bank fund is established, the board of | 205 |
county commissioners shall have responsibility for the expenditure | 206 |
of all moneys in the fund in accordance with the program's | 207 |
provisions, and the board also shall appoint a TDR bank advisory | 208 |
board that shall make recommendations to the board of county | 209 |
commissioners on the purchase and sale of development rights under | 210 |
the transfer of development rights program and perform the other | 211 |
functions enumerated in division (E) of section 303.024 of the | 212 |
Revised Code. | 213 |
Sec. 505.708. A board of township trustees that creates a | 214 |
transfer of development rights program under section 519.023 of | 215 |
the Revised Code may establish, as a separate fund in the township | 216 |
treasury, a TDR bank fund that shall consist of all moneys | 217 |
received in connection with the township's transfer of development | 218 |
rights program. If a TDR bank fund is established, the board of | 219 |
township trustees shall have responsibility for the expenditure of | 220 |
all moneys in the fund in accordance with the program's | 221 |
provisions, and the board also shall appoint a TDR bank advisory | 222 |
board that shall make recommendations to the board of township | 223 |
trustees on the purchase and sale of development rights under the | 224 |
transfer of development rights program and perform the other | 225 |
functions enumerated in division (E) of section 519.023 of the | 226 |
Revised Code. | 227 |
Sec. 519.023. (A) As used in this section: | 228 |
(1) "Agricultural easement" and "conservation easement" have | 229 |
the same meanings as in section 5301.67 of the Revised Code, | 230 |
except that the easement also shall be a permanent easement | 231 |
granted under section 5301.68 of the Revised Code and transferred | 232 |
to an entity specified in section 5301.69 of the Revised Code. | 233 |
(2) "Development right" means a specified right assigned to a | 234 |
parcel of property in a sending area that may be transferred from | 235 |
that property for application and use on property located in a | 236 |
designated receiving area. "Development right" includes any of the | 237 |
following: | 238 |
(a) A variation in the height, bulk, number of stories, and | 239 |
size of buildings, in the density of population, or in the square | 240 |
footage of buildings or other structures allowed in a receiving | 241 |
area under applicable zoning or subdivision regulations; | 242 |
(b) A variation in the number of parking spaces required in a | 243 |
receiving area under applicable building or parking space | 244 |
regulations; | 245 |
(c) A variation in the size of lots, set-back building lines, | 246 |
or the size of yards and courts of buildings and other structures, | 247 |
in percentages of lot areas that may be occupied by buildings and | 248 |
other structures, or in open space requirements allowed in a | 249 |
receiving area under applicable zoning or subdivision regulations; | 250 |
(d) A variation in utility service tap-in fees or other | 251 |
utility fees and charges charged in a receiving area by a township | 252 |
that has adopted a limited home rule form of government under | 253 |
Chapter 504. of the Revised Code; | 254 |
(e) A variation in open space requirements in local laws | 255 |
applicable to a receiving area; | 256 |
(f) Any other right that varies the density or intensity of | 257 |
development in a receiving area or that makes development in a | 258 |
receiving area economically beneficial. | 259 |
(3) "Receiving area" means an area of land in the | 260 |
unincorporated area of a township where development rights | 261 |
transferred from a sending area may be applied and used. | 262 |
(4) "Sending area" means an area of land in the | 263 |
unincorporated area of a township from which assigned development | 264 |
rights can be transferred for use in a receiving area. | 265 |
(B) A board of township trustees may establish a transfer of | 266 |
development rights program whereby the owner of real property in a | 267 |
designated sending area in the unincorporated territory of the | 268 |
township may agree to have the owner's property placed in an | 269 |
agricultural or conservation easement in exchange for an | 270 |
assignment of development rights to that property that the owner | 271 |
may transfer for application and use on real property in a | 272 |
designated receiving area in the unincorporated territory of the | 273 |
township. The program may be established only after the board of | 274 |
township trustees conducts a study and adopts a plan based upon | 275 |
the results of that study. The study and resulting plan together | 276 |
shall do all of the following: | 277 |
(1) Determine the purpose for which the program should be | 278 |
created, which shall be one or more of the following: | 279 |
(a) Protection of the natural, scenic, agricultural, or open | 280 |
space qualities of land, or the preservation of natural resources; | 281 |
(b) Enhancement of sites and areas of special character or | 282 |
historical, cultural, aesthetic, or economic interest or value; | 283 |
(c) Encouragement of development in areas deemed appropriate | 284 |
by the township; | 285 |
(d) Protection and management of land, water, and other | 286 |
natural resources. | 287 |
(2) Determine the best location for sending areas and | 288 |
receiving areas to accomplish the purposes of the program and to | 289 |
manage development; | 290 |
(3) Include a resource assessment to determine which areas | 291 |
should be preserved or developed to further the purposes of the | 292 |
program; | 293 |
(4) Determine what incentives may be used in sending and | 294 |
receiving areas to make the program more effective; | 295 |
(5) Determine the nature and number of development rights | 296 |
that may be severed from each sending area and then attached to a | 297 |
parcel of real property in a receiving area; | 298 |
(6) Estimate the population and economic growth during the | 299 |
next ten years in the unincorporated territory of the township and | 300 |
estimate the development potential of each proposed sending area | 301 |
and receiving area; | 302 |
(7) Consider the density and intensity of development allowed | 303 |
under applicable zoning, building, and other regulations prior to | 304 |
the implementation of the program; | 305 |
(8) Estimate the existing and proposed infrastructure | 306 |
capacity, including services and facilities, in each proposed | 307 |
receiving area; | 308 |
(9) In terms of infrastructure, services, and land | 309 |
availability, ensure that a receiving area is able to accommodate | 310 |
the density and intensity of development associated with the | 311 |
number of development rights that may be applied to it; | 312 |
(10) Ensure that the program is consistent with the | 313 |
comprehensive land use plan that is the basis of the township's | 314 |
zoning regulations. | 315 |
(C) The board of township trustees may establish a transfer | 316 |
of development rights program by adopting a zoning resolution or | 317 |
amending an existing zoning resolution. An amendment establishing | 318 |
the program may be initiated only under section 519.12 of the | 319 |
Revised Code by motion of the township zoning commission or by the | 320 |
passage of a resolution by the board of township trustees | 321 |
directing the township zoning commission to propose an amendment. | 322 |
The zoning resolution or amendment establishing the program | 323 |
shall include procedures for when and how the program's provisions | 324 |
will be applied to property and the procedures to be used by | 325 |
property owners for the actual transfer of development rights from | 326 |
property in a sending area to property in a receiving area. The | 327 |
regulations imposed by the zoning resolution or amendment | 328 |
establishing the program need not be uniform for each class or | 329 |
type of building or other structure or for each use of property | 330 |
throughout any sending or receiving area, but may vary in order to | 331 |
accommodate development and provide adequate incentives to | 332 |
encourage participation in the program. | 333 |
The zoning resolution or amendment establishing the program | 334 |
may designate an administrative board to administer transfers of | 335 |
development rights, which board may be the township zoning | 336 |
commission, the township board of zoning appeals, a county or | 337 |
regional planning commission, the board of township trustees, or a | 338 |
newly created board appointed by the board of township trustees. | 339 |
If a new board is created to be the administrative board, the | 340 |
board shall consist of an odd number of members, not to exceed | 341 |
five, who shall serve staggered terms of office. | 342 |
If the board of township trustees is the administrative board | 343 |
for a transfer of development rights program, the board's actions | 344 |
to effectuate the actual transfer of development rights are | 345 |
adjudicative, not legislative, actions that may be appealed under | 346 |
Chapter 2506. of the Revised Code. | 347 |
(D) The zoning resolution or amendment establishing a | 348 |
transfer of development rights program may allow for the creation | 349 |
of an overlay to the zoning map that identifies specific areas in | 350 |
the unincorporated territory of the township that may be | 351 |
designated as sending areas and as receiving areas. Alternatively, | 352 |
the zoning resolution or amendment itself may designate specific | 353 |
sending areas or receiving areas as an overlay to the zoning map. | 354 |
A property owner who desires to have the owner's property | 355 |
designated as a sending area or a receiving area consistent with | 356 |
the plan required by division (B) of this section may apply to | 357 |
have the zoning resolution amended under section 519.12 of the | 358 |
Revised Code to include such an overlay to the zoning map. | 359 |
A designation as either a sending area or a receiving area on | 360 |
an overlay to the zoning map does not affect the underlying base | 361 |
zoning, and a property owner retains all rights, privileges, and | 362 |
obligations related to that underlying base zoning. | 363 |
(E)(1) The zoning resolution or amendment establishing a | 364 |
transfer of development rights program may create a transfer of | 365 |
development rights bank, to be known as a TDR bank, managed by an | 366 |
advisory board, known as the TDR bank advisory board. The TDR bank | 367 |
advisory board may be configured in any manner the board of | 368 |
township trustees chooses. If the board of township trustees | 369 |
creates an administrative board to administer transfers of | 370 |
development rights, it may designate that administrative board | 371 |
also to act as the TDR bank advisory board. | 372 |
(2) If the zoning resolution or amendment creates a TDR bank, | 373 |
it also shall authorize the TDR bank, through the TDR bank | 374 |
advisory board, to do the following: | 375 |
(a) Oversee development and implementation of the transfer of | 376 |
development rights program; | 377 |
(b) Purchase development rights, and sell or convey any | 378 |
development rights it possesses, as directed by the board of | 379 |
township trustees; | 380 |
(c) Hold indefinitely any development rights it possesses; | 381 |
(d) Receive donations of development rights; | 382 |
(e) Facilitate transactions between property owners in | 383 |
sending and receiving areas through technical assistance and | 384 |
education; | 385 |
(f) Monitor conservation or agricultural easements in the | 386 |
sending area; | 387 |
(g) Receive funding from the township, proceeds of sales of | 388 |
development rights, and donations; | 389 |
(h) Manage the TDR bank fund described in section 505.708 of | 390 |
the Revised Code; | 391 |
(i) If directed to do so by the board of township trustees, | 392 |
establish a selling price for development rights it possesses, | 393 |
based on local market forces, and extinguish development rights in | 394 |
its possession in the absence of a buyer in the receiving area. | 395 |
(F) The establishment of a transfer of development rights | 396 |
program and the designation of specific areas as sending areas or | 397 |
as receiving areas are legislative acts subject to section 519.12 | 398 |
of the Revised Code. All actions undertaken under an established | 399 |
transfer of development rights program are adjudicative actions | 400 |
subject to appeal under Chapter 2506. of the Revised Code. | 401 |
Sec. 713.16. (A) As used in this section: | 402 |
(1) "Agricultural easement" and "conservation easement" have | 403 |
the same meanings as in section 5301.67 of the Revised Code, | 404 |
except that the easement also shall be a permanent easement | 405 |
granted under section 5301.68 of the Revised Code and transferred | 406 |
to an entity specified in section 5301.69 of the Revised Code. | 407 |
(2) "Development right" means a specified right assigned to a | 408 |
parcel of property in a sending area that may be transferred from | 409 |
that property for application and use on property located in a | 410 |
designated receiving area. "Development right" includes any of the | 411 |
following: | 412 |
(a) A variation in the height, bulk, number of stories, and | 413 |
size of buildings, in the density of population, or in the square | 414 |
footage of buildings or other structures allowed in a receiving | 415 |
area under applicable zoning or subdivision regulations; | 416 |
(b) A variation in the number of parking spaces required in a | 417 |
receiving area under applicable building or parking space | 418 |
regulations; | 419 |
(c) A variation in the size of lots, set-back building lines, | 420 |
or the size of yards and courts of buildings and other structures, | 421 |
in percentages of lot areas that may be occupied by buildings and | 422 |
other structures, or in open space requirements allowed in a | 423 |
receiving area under applicable zoning or subdivision regulations; | 424 |
(d) A variation in utility service tap-in fees or other | 425 |
utility fees and charges charged in a receiving area by a | 426 |
political subdivision; | 427 |
(e) A variation in open space requirements in local laws | 428 |
applicable to a receiving area; | 429 |
(f) Any other right that varies the density or intensity of | 430 |
development in a receiving area or that makes development in a | 431 |
receiving area economically beneficial. | 432 |
(3) "Receiving area" means an area of land that is within the | 433 |
territory of one or more political subdivisions participating in a | 434 |
joint transfer of development rights program where development | 435 |
rights transferred from a sending area may be applied and used. | 436 |
(4) "Sending area" means an area of land that is within the | 437 |
territory of one or more political subdivisions participating in a | 438 |
joint transfer of development rights program from which assigned | 439 |
development rights can be transferred for use in a receiving area. | 440 |
(B) The legislative authority of one or more municipal | 441 |
corporations, the board of county commissioners of one or more | 442 |
counties, and the board of township trustees of one or more | 443 |
townships may enter into a joint agreement to create a joint | 444 |
transfer of development rights program whereby the owner of real | 445 |
property in a designated sending area may agree to have the | 446 |
owner's property placed in an agricultural or conservation | 447 |
easement in exchange for an assignment of development rights to | 448 |
that property that the owner may transfer for application and use | 449 |
on real property in a designated receiving area. The joint | 450 |
agreement shall establish the parameters of the program and the | 451 |
responsibilities of each party to the agreement. | 452 |
(C) If any sending area or receiving area designated in a | 453 |
joint transfer of development rights program includes | 454 |
unincorporated territory in a township that is not participating | 455 |
in the program and in which no township zoning regulations or | 456 |
county zoning regulations apply, the parties to the joint | 457 |
agreement shall provide written notice to the boards of township | 458 |
trustees in the townships in which that territory is located to | 459 |
inform the townships that a joint transfer of development rights | 460 |
program has been created that will affect territory in them. | 461 |
If any sending area or receiving area designated in the joint | 462 |
transfer of development rights program includes unincorporated | 463 |
territory in which township zoning regulations apply, and that | 464 |
township is not a political subdivision participating in the | 465 |
program, before the program can be implemented in that territory, | 466 |
a majority of the board of township trustees of that township must | 467 |
adopt a resolution approving the program in that territory. | 468 |
(D) If a joint transfer of development rights program | 469 |
agreement cannot be implemented without changes to the laws of a | 470 |
party to the agreement, including changes to a zoning code, that | 471 |
party may make those changes in accordance with the laws of that | 472 |
political subdivision if initiated by its legislative authority. | 473 |
Nothing in the agreement, however, can compel such changes. If | 474 |
zoning regulations are changed in order to implement the program, | 475 |
those regulations need not be uniform for each class or type of | 476 |
building or other structure or for each use of property throughout | 477 |
any sending or receiving area, but may vary in order to | 478 |
accommodate development and provide adequate incentives to | 479 |
encourage participation in the program. | 480 |
(E) A joint transfer of development rights program agreement | 481 |
shall not be in derogation of the powers granted to municipal | 482 |
corporations by Article XVIII of the Ohio Constitution or any | 483 |
other provisions of the Ohio Constitution or of a municipal | 484 |
charter. A joint transfer of development rights program agreement | 485 |
entered into under this section is in addition to any other | 486 |
agreements authorized by law between municipal corporations and | 487 |
counties or between municipal corporations and townships. | 488 |
Sec. 713.17. (A) One of the parties to a joint transfer of | 489 |
development rights agreement entered into under section 713.16 of | 490 |
the Revised Code shall establish a separate fund in its treasury | 491 |
that is designated as a TDR bank fund. The fund shall consist of | 492 |
all moneys received in connection with the joint transfer of | 493 |
development rights program. Expenditures from the fund shall be | 494 |
made only as provided in the joint agreement establishing the | 495 |
program. | 496 |
(B)(1) The agreement establishing a joint transfer of | 497 |
development rights program shall provide for a transfer of | 498 |
development rights bank, to be known as a TDR bank. The TDR bank | 499 |
shall be managed by a TDR bank advisory board, which may be a | 500 |
municipal, county, or regional planning commission, a zoning | 501 |
commission, a board of zoning appeals, or a combination of those | 502 |
entities, or it may be a newly created, appointed board configured | 503 |
in any manner designated in the agreement. | 504 |
(2) A TDR bank, through the TDR bank advisory board, shall | 505 |
make recommendations to the legislative authorities of the parties | 506 |
to the joint agreement on the purchase and sale of development | 507 |
rights under the program, and may do any or all of the following: | 508 |
(a) Oversee development and implementation of the joint | 509 |
transfer of development rights program; | 510 |
(b) Purchase development rights, and sell or convey any | 511 |
development rights it possesses, as directed jointly by the | 512 |
parties to the joint agreement; | 513 |
(c) Hold indefinitely any development rights it possesses; | 514 |
(d) Receive donations of development rights; | 515 |
(e) Facilitate transactions between property owners in | 516 |
sending and receiving areas through technical assistance and | 517 |
education; | 518 |
(f) Monitor conservation or agricultural easements in the | 519 |
sending area; | 520 |
(g) Receive funding from the parties to the joint agreement, | 521 |
proceeds of sales of development rights, and donations; | 522 |
(h) Manage the TDR bank fund; | 523 |
(i) If directed to do so by the parties to the agreement | 524 |
acting jointly, establish a selling price for development rights | 525 |
it possesses, based on local market forces, and extinguish | 526 |
development rights in its possession in the absence of a buyer in | 527 |
the receiving area. | 528 |