Protecting Your Borders from Annexation

Transcription

1 Protecting Your Borders from Annexation Presented by: John B. Albers, Esq. Ohio Township Association 2018 Annual Winter Conference Friday, February 2nd from 1:45 2:45 p.m. The information contained in this presentation should not be considered legal advice. Please consult your legal counsel to ensure compliance with the law. 1

2 Understanding the Interrelationship of Annexation, Zoning and Economic Development Tools - Reasons for Annexation: 1. Utilities: particularly potable water and sanitary sewer services. 2. Zoning: particularly re-zoning to higher density zoning classifications. 3. Economic Development Tools: the availability of economic development tools to enhance development and reduce development costs. (JEDDs, 6119 Districts, TIFs, Annexation Agreements, CICs, and NCAs) or Prevent Annexation 1. Joint Economic Development Districts (JEDDs), Ohio Revised Code Sections to What are they? 1.2.How can they be used to avoid or prevent annexation? 2

3 2. Regional Water, Sewer and Storm Sewer Districts, Ohio Revised Code Chapter What are they? 2.2. How can they be used to avoid or prevent annexation? 2.3. United States Department of Agriculture- Rural Development (USDA) Financing, 7 U.S.C. 1926(b) Protection 3. Tax Increment Financing (TIFs), Ohio Revised Code Sections What is it? Tax Abatement vs. Tax Re-direction 2.3.How can it be used to avoid or prevent annexation? 3

4 4. Annexation Agreements, Ohio Revised Code Section ; Cooperative Economic Development Agreements (CEDAs), Ohio Revised Code Section What are they? 4.2.How can they be used to avoid or prevent annexation? 5. Subsidizing Water, Sewer and Storm Sewer Projects, Ohio Revised Code Section What is it? 5.2.How can it be used to avoid or prevent annexation? 4

5 6. New Community Authority (NCA), Ohio Revised Code Chapter What are they? 6.2.How can they be used to avoid or prevent annexation? 7. Community Improvement Corporations (CICs), Ohio Revised Code Chapter What are they? 7.2.How can they be used to avoid or prevent annexation? 5

6 Other Ways to Avoid or Prevent Annexation 1. Shared Services- Ohio Revised Code Section Limited Home Rule Townships, Ohio Revised Code Chapter Merger, Ohio Revised Code Sections to Annexation Litigation 4. Annexation Litigation (Contd.) 4.1. Expedited Annexation Procedures (100% of Property Owners Sign the Petition), Three Different Types: 1. Township and City have annexation contract or CEDA 2. Standard Expedited Procedure (Standard # 2 Procedure) 3. Significant Economic Development Project 6

7 4. Annexation Litigation (Contd.) 4.2. Most Annexations Standard #2 Procedure - Township can object on the following bases: * Petition not properly filed * 100% of owners have not signed petition * The property is over 500 acres * At least 5% of the perimeter of the property is not contiguous with the City * Island(s) are created 4. Annexation Litigation (Contd.) * City has not agreed to provide services * City has not agreed to assume road maintenance - If all met, County approves - No appeal 7

8 Questions? John B. Albers ALBERS & ALBERS 88 North Fifth Street Columbus, Ohio (614)