Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
As used in this chapter:
(A) "Special improvement district" means a special improvement district organized under this chapter.
(B) "Church" means a fellowship of believers, congregation, society, corporation, convention, or association that is formed primarily or exclusively for religious purposes and that is not formed for the private profit of any person.
(C) "Church property" means property that is described as being exempt from taxation under division (A)(2) of section 5709.07 of the Revised Code and that the county auditor has entered on the exempt list compiled under section 5713.07 of the Revised Code.
(D) "Municipal executive" means the mayor, city manager, or other chief executive officer of the municipal corporation in which a special improvement district is located.
(E) "Participating political subdivision" means the municipal corporation or township, or each of the municipal corporations or townships, that has territory within the boundaries of a special improvement district created under this chapter.
(F) "Legislative authority of a participating political subdivision" means, with reference to a township, the board of township trustees.
(G) "Public improvement" means the planning, design, construction, reconstruction, enlargement, or alteration of any facility or improvement, including the acquisition of land, for which a special assessment may be levied under Chapter 727. of the Revised Code, and includes any special energy improvement project or shoreline improvement project.
(H) "Public service" means any service that can be provided by a municipal corporation or any service for which a special assessment may be levied under Chapter 727. of the Revised Code.
(I) "Special energy improvement project" means any property, device, structure, or equipment necessary for the acquisition, installation, equipping, and improvement of any real or personal property used for the purpose of creating a solar photovoltaic project, a solar thermal energy project, a geothermal energy project, a customer-generated energy project, or an energy efficiency improvement, whether such real or personal property is publicly or privately owned.
(J)(1) Except as provided in division (J)(2) of this section, "existing" qualified nonprofit corporation" means a nonprofit corporation that existed before the creation of the corresponding district under this chapter, that is composed of members located within or adjacent to the district, that has established a police department under section 1702.80 of the Revised Code, and that is organized for purposes that include acquisition of real property within an area specified by its articles for the subsequent transfer of such property to its members exclusively for charitable, scientific, literary, or educational purposes, or holding and maintaining and leasing such property; planning for and assisting in the development of its members; providing for the relief of the poor and distressed or underprivileged in the area and adjacent areas; combating community deterioration and lessening the burdens of government; providing or assisting others in providing housing for low- or moderate-income persons; and assisting its members by the provision of public safety and security services, parking facilities, transit service, landscaping, and parks.
(2) Regarding a special improvement district to implement a shoreline improvement project, "existing qualified nonprofit corporation" has the same meaning as in division (J)(1) of this section, except that the nonprofit does not need to have an established police department and does not need to be organized for purposes that include the acquisition of real property.
(K) "Energy efficiency improvement" means energy efficiency technologies, products, and activities that reduce or support the reduction of energy consumption, allow for the reduction in demand, or support the production of clean, renewable energy and that are or will be permanently fixed to real property.
(L) "Customer-generated energy project" means a wind, biomass, or gasification facility for the production of electricity that meets either of the following requirements:
(1) The facility is designed to have a generating capacity of two hundred fifty kilowatts of electricity or less.
(2) The facility is:
(a) Designed to have a generating capacity of more than two hundred fifty kilowatts of electricity;
(b) Operated in parallel with electric transmission and distribution facilities serving the real property at the site of the customer-generated energy project;
(c) Intended primarily to offset part or all of the facility owner's requirements for electricity at the site of the customer-generated energy project and is located on the facility owner's real property; and
(d) Not producing energy for direct sale by the facility owner to the public.
(M) "Reduction in demand" means a change in customer behavior or a change in customer-owned or operated assets that reduces or has the capability to reduce the demand for electricity as a result of price signals or other incentives.
(N) "Electric distribution utility" and "mercantile customer" have the same meanings as in section 4928.01 of the Revised Code.
(O) "Shoreline improvement project" means acquiring, constructing, installing, equipping, improving, maintaining, or repairing real or tangible personal property necessary or useful for making improvements to abate erosion along either the Lake Erie shoreline or any water resource.
(P) "Water resource" has the same meaning as in section 6105.01 of the Revised Code.
Last updated July 26, 2021 at 9:03 AM
Structure Ohio Revised Code
Title 17 | Corporations-Partnerships
Chapter 1710 | Special Improvement Districts
Section 1710.01 | Special Improvement District Definitions.
Section 1710.02 | Creation and Organization.
Section 1710.021 | Time Period for Transfer of Property.
Section 1710.03 | Members of District.
Section 1710.04 | Board of Directors Duties.
Section 1710.05 | Notice for Meetings -Method for Voting.
Section 1710.06 | Plans for Public Improvements or Public Services.
Section 1710.07 | Permitted Costs of Plan.
Section 1710.08 | Improvements or Services in Addition to Subdivision Improvements or Services.
Section 1710.09 | Contracts to Develop, Manage, or Implement Part or All of Any Plan.
Section 1710.10 | Participating Political Subdivision Contracts to Provide Improvements or Services.
Section 1710.11 | Adopting Written Rules Prescribing Competitive Bidding Procedures for Contracts.
Section 1710.12 | Issuing Bonds and Notes in Anticipation of Collection of Any Special Assessments.
Section 1710.13 | Dissolving a Special Improvement District.