130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

H. B. No. 492  As Introduced
As Introduced

126th General Assembly
Regular Session
2005-2006
H. B. No. 492


Representatives Wolpert, Seitz, McGregor, J., Collier, Peterson, Ujvagi, Cassell, Reidelbach 



A BILL
To enact sections 303.024, 307.071, 505.708, 519.023, and 713.16 of the Revised Code to permit townships, counties, and combinations of certain political subdivisions 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, 505.078, 519.023, and 713.16 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 for transfer from that property for application and use on property located in other designated areas as provided in a transfer of development rights program. "Development right" includes the following:
(a) An increase in the height, bulk, number of stories, and size of buildings, density of population, or square footage permitted in the receiving district above and beyond that allowed under applicable zoning or subdivision regulations in the receiving district;
(b) A decrease in the number of parking spaces required under applicable building or parking space regulations;
(c) A decrease in the set back building lines, sizes of yards, courts, and other structures, percentages of lot areas that may be occupied, or the open space requirements in the receiving district beyond that allowed under applicable zoning or subdivision regulations in the receiving district;
(d) A waiver of sewer and water service tap-in fees charged by the county in the receiving district;
(e) A reduction or elimination of applicable county impact fees in the receiving district;
(f) Any other right that increases the density or intensity of development.
(3) "Receiving district" means an area of land in the unincorporated area of the county identified in a transfer of development rights program where development rights transferred from a sending district may be applied and used.
(4) "Sending district" means an area of land in the unincorporated area of the county identified in a transfer of development rights program from which assigned development rights can be transferred for use in a receiving district, in return for the identified area of land being placed in an agricultural or conservation easement, to promote a public benefit.
(5) "Transfer of development rights program" means a voluntary program adopted under this section whereby the owner of a parcel of real property in a sending district may transfer development rights for application and use on a parcel of real property in a receiving district.
(B) A board of county commissioners may establish a transfer of development rights program as part of a county zoning resolution or an amendment to a county zoning resolution as provided in division (C) of this section. In establishing the program, the board shall provide procedures for when and how the program's provisions can be applied to property. The board may create an overlay to the zoning map as part of the program. A development right may be assigned to property in a sending district for potential transfer, and may be transferred for application and use to property in a receiving district, only at the election of the property owner.
A transfer of development rights program shall further one or more of the following purposes:
(1) Protection of the natural, scenic, agricultural, or open space qualities of land, or the preservation of natural resources, through conservation or agricultural easements;
(2) Enhancement of sites and areas of special character or historical, cultural, aesthetic, or economic interest or value;
(3) Encouragement of development in enterprise zones, brownfield sites, or redevelopment areas;
(4) Protection and management of land, water, and other natural resources.
(C) A board of county commissioners may adopt a resolution creating a transfer of development rights program that does not automatically apply to any property in the county, but establishes standards that can apply to property designated in the sending and receiving districts of the program. The resolution creating the program does not have to designate specific sending or receiving districts. Property owners who wish to have their property designated as a receiving district may apply to have the zoning map amended pursuant to section 303.12 of the Revised Code. After the designation of property as a sending or receiving district, any approval or disapproval of the transfer of a development right from property in a sending district to property in a receiving district under the program shall not be considered to be an amendment or supplement to a county zoning resolution.
The resolution creating the transfer of development rights program shall provide procedures to be used by property owners for the actual transfer of development rights from property in a sending district to property in a receiving district. An administrative board shall also be designated to administer these transfers, which board shall be the county zoning commission, the county board of zoning appeals, or the board of county commissioners itself. If the board of county commissioners is the administrative board for the transfer of development rights program, that board's actions to effectuate the actual transfer of a development right are administrative, not legislative, actions that may be appealed pursuant to Chapter 2506. of the Revised Code.
Sec. 307.071. (A) Each county 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. The board of county commissioners shall have responsibility for expenditure of all moneys in the fund in accordance with the program's provisions.
If a board of county commissioners establishes a TDR bank fund, it also shall appoint a TDR bank advisory committee that shall make recommendations to the board on the purchase and sale of development rights under the transfer of development rights program. The board may designate the county or regional planning commission, the county zoning commission, or the county board of zoning appeals to serve as this advisory board, or it may appoint a distinct five-member board, whose members shall serve staggered terms of office, to serve as this advisory board.
(B) In every county in which a joint transfer of development rights program is created under section 713.16 of the Revised Code, a joint TDR bank fund may be created as a separate fund in the county treasury that shall consist of all moneys received under the joint program. If more than one joint program exists within a county, each joint program shall have a distinct joint TDR bank fund, distinguished by a unique program name. The board of county commissioners shall have the responsibility for expenditures of all moneys in a joint TDR bank fund, but those expenditures shall be made only in accordance with the provisions of the joint transfer of development rights program.
Sec. 505.708. Each township 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. The board of township trustees shall have responsibility for expenditure of all moneys in the fund in accordance with the program's provisions.
If a board of township trustees establishes a TDR bank fund, it also shall appoint a TDR bank advisory committee, that shall make recommendations to the board on the purchase and sale of development rights under the transfer of development rights program. The board of township trustees may designate the county or regional planning commission, the township zoning commission, or the township board of zoning appeals to serve as this advisory board, or it may appoint a distinct five-member board, whose members shall serve staggered terms of office, to serve as this advisory board.
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 for transfer from that property for application and use on property located in other designated areas as provided in a transfer of development rights program. "Developmental right" includes the following:
(a) An increase in the height, bulk, number of stories, and size of buildings, density of population, or square footage permitted in the receiving district above and beyond that allowed under applicable zoning or subdivision regulations in the receiving district;
(b) A decrease in the number of parking spaces required under applicable building or parking space regulations;
(c) A decrease in the set back building lines, sizes of yards, courts, and other structures, percentages of lot areas that may be occupied, or the open space requirements in the receiving district beyond that allowed under applicable zoning or subdivision regulations in the receiving district;
(d) A waiver of sewer and water service tap-in fees charged by the township in the receiving district;
(e) A reduction or elimination of applicable township impact fees in the receiving district;
(f) Any other right that increases the density or intensity of development.
(3) "Receiving district" means an area of land in the unincorporated area of the township identified in a transfer of development rights program where development rights transferred from a sending district may be applied and used.
(4) "Sending district" means an area of land in the unincorporated area of the township identified in a transfer of development rights program from which assigned development rights can be transferred for use in a receiving district, in return for the identified area of land being placed in an agricultural or conservation easement, to promote a public benefit.
(5) "Transfer of development rights program" means a voluntary program adopted under this section whereby the owner of a parcel of real property in a sending district may transfer development rights for application and use on a parcel of real property in a receiving district.
(B) A board of township trustees may establish a transfer of development rights program as part of a township zoning resolution or an amendment to a township zoning resolution as provided in division (C) of this section. In establishing the program, the board shall provide procedures for when and how the program's provisions can be applied to property. The board may create an overlay to the zoning map as part of the program. A development right may be assigned to property in a sending district for potential transfer, or may be transferred for application and use to property in a receiving district, only at the election of the property owner.
A transfer of development rights program shall further one or more of the following purposes:
(1) Protection of the natural, scenic, agricultural, or open space qualities of land, or the preservation of natural resources, through conservation or agricultural easements;
(2) Enhancement of sites and areas of special character or historical, cultural, aesthetic, or economic interest or value;
(3) Encouragement of development in enterprise zones, brownfield sites, or redevelopment areas;
(4) Protection and management of land, water, and other natural resources.
(C) A board of township trustees may adopt a resolution creating a transfer of development rights program that does not automatically apply to any property in the township, but establishes standards that can apply to property designated in the sending and receiving districts of the program. The resolution creating the program does not have to designate specific sending or receiving districts. Property owners who wish to have their property designated as a receiving district may apply to have the zoning map amended pursuant to section 519.12 of the Revised Code. After the designation of property as a sending or receiving district, any approval or disapproval of the transfer of a development right from property in a sending district to property in a receiving district under the program shall not be considered to be an amendment or supplement to a township zoning resolution.
The resolution creating the transfer of development rights program shall provide procedures to be used by property owners for the actual transfer of development rights from property in a sending district to property in a receiving district. An administrative board also shall be designated to administer these transfers, which board shall be the township zoning commission, the township board of zoning appeals, or the board of township trustees itself. If the board of township trustees is the administrative board for the transfer of development rights program, that board's actions to effectuate the actual transfer of a development right are administrative, not legislative, actions that may be appealed pursuant to 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 for transfer from that property for application and use on property located in other designated areas as provided in a joint transfer of development rights program. "Developmental right" includes the following:
(a) An increase in the height, bulk, number of stories, and size of buildings, density of population, or square footage permitted in the receiving district above and beyond that allowed under applicable zoning or subdivision regulations in the receiving district;
(b) A decrease in the number of parking spaces required under applicable building or parking space regulations;
(c) A decrease in the set back building lines, sizes of yards, courts, and other structures, percentages of lot areas that may be occupied, or the open space requirements in the receiving district beyond that allowed under applicable zoning or subdivision regulations in the receiving district;
(d) A waiver of sewer and water service tap-in fees charged by a political subdivision in the receiving district;
(e) A reduction or elimination of applicable impact fees in the receiving district;
(f) Any other right that increases the density or intensity of development.
(3) "Joint transfer of development rights program" means a voluntary program jointly adopted under this section by participating counties, townships, and municipal corporations, whereby the owner of a parcel of real property in a sending district may transfer development rights for application and use on a parcel of real property in a receiving district.
(4) "Receiving district" means an area of land that is within the territory of one or more of the participating political subdivisions, that is identified in a joint transfer of development rights program, and that the participating political subdivisions have specified and approved for the application and use of development rights transferred from the sending district.
(5) "Sending district" means an area of land that is within the territory of one or more of the participating political subdivisions, that is identified in a joint transfer of development rights program, and from which assigned development rights specified and approved by the participating political subdivisions can be transferred for use in a receiving district, in return for the identified area of land being placed in an agricultural or conservation easement, to promote a public benefit.
(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 study the creation of a joint transfer of development rights program under this section. The joint agreement shall establish the parameters of the study and of a report that includes the findings of the study and recommends the details of any such program and how it is proposed to be implemented, including recommendations for changes to local laws. The joint agreement shall designate a joint TDR committee to conduct the study, to develop any such recommended program based on the study, and to prepare the described report.
Upon completion of the study and the described report, the joint TDR committee shall hold a joint public hearing on the recommended program, after publishing a notice of the hearing's time and place at least thirty days before the hearing in each of the political subdivisions that is a party to the joint agreement, and after sending a written notice of the hearing to the legislative authority of each such party. The committee also shall make available for public inspection a copy of the described report.
After the joint hearing, the joint TDR committee may modify its recommended program. Once the committee votes on a final recommended program, it shall submit that recommended program, along with the described report, to the legislative authority of each party to the joint agreement for its approval.
(C) After the legislative authority of each party to the joint agreement referred to in division (B) of this section has approved the recommended program of the joint TDR committee, a new joint agreement, to be known as the joint TDR agreement, may be adopted by the parties jointly, setting forth the terms of and their willingness to participate in the joint transfer of development rights program. If any legislative authority cannot approve the recommended program of the joint TDR committee, the parties may negotiate terms of a joint TDR agreement that are acceptable to all the parties. A joint TDR agreement may be amended at any time if the parties negotiate new terms acceptable to all of them.
If the joint TDR agreement necessitates 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.
(D) A joint TDR 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.
(E) A joint TDR 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.
Please send questions and comments to the Webmaster.
© 2014 Legislative Information Systems | Disclaimer
Index of Legislative Web Sites