Effective: July 2, 2010
Latest Legislation: House Bill 48 - 128th General Assembly
(A) Notwithstanding any other section of the Revised Code, when a township contains at least ninety per cent of the geographic area of a municipal corporation, either that township or the municipal corporation may remove that part of that township that is located within the municipal corporation from that township if all of the following apply:
(1) The electors of the township and the municipal corporation have voted to approve the establishment of a merger commission pursuant to section 709.45 of the Revised Code.
(2) The unincorporated territory of the township has a population of more than nine thousand.
(3) The township has previously adopted a limited home rule government under Chapter 504. of the Revised Code and a township zoning resolution under Chapter 519. of the Revised Code.
(4) Not later than December 31, 1994, either the township adopts a resolution or the municipal corporation adopts a resolution or ordinance to remove that part of the township that is located in the municipal corporation from the township. Any resolution or ordinance adopted under division (A)(4) of this section shall include an accurate description of the land to be removed. The political subdivision that adopts an ordinance or resolution under division (A)(4) of this section shall file with the county recorder a copy of it certified by the county auditor, together with a map or plat certified by the county auditor of the land to be removed. The county recorder shall record the ordinance or resolution and the map or plat.
(B) If either the township or the municipal corporation takes the action described in division (A)(4) of this section, the removal shall occur. After the removal, the unincorporated territory of the township shall no longer receive any revenue by virtue of its relationship to the municipal corporation. As soon as practicable after a removal occurs under this section, the board of county commissioners shall ascertain whether there is any joint indebtedness of the unincorporated territory of the township and the municipal corporation. If there is any such indebtedness, the board of county commissioners shall apportion it in accordance with section 503.10 of the Revised Code.
(C)(1) If a removal occurs under this section, all or part of the unincorporated territory of the township may become a village if the board of township trustees adopts, by unanimous vote, a resolution for all or part of that territory to become a village. The board of township trustees shall file with the county recorder a copy of any resolution it adopts under division (C)(1) of this section certified by the county auditor, together with a map or plat certified by the county auditor of the land to be included in the village. The county recorder shall record the resolution and the map or plat. Once the board adopts a resolution under division (C)(1) of this section, no land within the area that will constitute the village may be annexed, and any pending annexation proceeding that includes land in that area shall be considered to be terminated with regard to that land.
(2) If the board does not adopt a resolution under division (C)(1) of this section, or if the board adopts such a resolution in which only a part of the unincorporated territory becomes a village, the board of county commissioners shall attach all the unincorporated territory that does not become a village to any township contiguous to that territory or erect that territory into a new township, the boundaries of which need not include twenty-two square miles of territory.
(D) If a board of township trustees adopts a resolution under division (C)(1) of this section for all or part of the township's unincorporated territory to become a village, the board shall serve as the legislative authority of the area constituting the village until the next regular municipal election that occurs at least ninety days after the adoption of the resolution. At that election, the legislative authority of the village shall be elected under section 731.09 of the Revised Code and all other officers of the village shall be elected under Chapter 733. of the Revised Code.
Structure Ohio Revised Code
Title 7 | Municipal Corporations
Chapter 709 | Annexation; Detachment
Section 709.01 | Annexation and Detachment of Territory.
Section 709.012 | Reduction in Firefighting Force Resulting From Annexation of Township Territory.
Section 709.013 | Multiple Annexation Petitions Concerning Same Territory.
Section 709.014 | Fee Schedule for Annexation Costs.
Section 709.02 | Petition for Annexation by Owners of Contiguous Real Estate.
Section 709.021 | Special Procedure Where Owners Unanimously Request Annexation.
Section 709.022 | Petition Where Owners Unanimously Request Annexation.
Section 709.023 | Special Annexation Procedure Where Land Is Not Excluded From Township.
Section 709.03 | Petition Presented to Board of County Commissioners - Proceedings.
Section 709.031 | Report on Accuracy of Legal Description - Verification of Signatures.
Section 709.032 | Annexation Hearing.
Section 709.033 | Commissioners' Resolution Granting or Denying Annexation.
Section 709.04 | Accepting or Rejecting Annexation by Ordinance or Resolution.
Section 709.05 | Rejection of Application - Effect.
Section 709.06 | Proceedings When Application Allowed.
Section 709.07 | Appeal From Resolution Granting or Denying Petition.
Section 709.10 | Effective Date of Annexation and Rights of Inhabitants.
Section 709.11 | Territory Situated in More Than One County.
Section 709.12 | Apportioning of Indebtedness of Annexed Territory - Division of Funds.
Section 709.13 | Annexation of Territory Upon Action by Inhabitants Generally.
Section 709.14 | Preliminary Action by Legislative Authority.
Section 709.15 | Petition to Board of County Commissioners.
Section 709.16 | Petition by Municipal Corporation for Annexation.
Section 709.19 | Compensating Township for Lost Tax Revenue.
Section 709.191 | Annual Payments to Compensate for Lost Tax Revenue.
Section 709.192 | Annexation Agreements.
Section 709.20 | Rights When Annexation Complete.
Section 709.21 | Errors Not Fatal to Proceedings.
Section 709.23 | Arrangement of Conditions of Annexation.
Section 709.24 | Petition for Annexation - Appointment of Commission.
Section 709.25 | Ordinance or Petition - Procedure.
Section 709.26 | Designation of Commissioners for Negotiation.
Section 709.27 | Procedure on Failure of Legislative Authority to Designate Commissioners.
Section 709.28 | Conditions of Annexation.
Section 709.29 | Submission of Question of Annexation to a Vote - Procedure.
Section 709.30 | Assent to Annexation - Election.
Section 709.31 | Election Results Certified.
Section 709.32 | Clerk of Municipal Corporation to Certify Transcripts.
Section 709.33 | Effective Date of Annexation.
Section 709.34 | Government of the Municipal Corporations.
Section 709.37 | Adjustment of Boundaries of Adjoining Municipal Corporations by Mutual Consent.
Section 709.39 | Petition to Submit Question of Detachment of Territory - Election.
Section 709.40 | Apportionment of Property, Funds, and Indebtedness.
Section 709.41 | Petition for Detachment of Farm Land.
Section 709.42 | Hearing - Decision.
Section 709.43 | Merger Defined.
Section 709.44 | Territory That May Be Merged.
Section 709.45 | Petition for Merger.
Section 709.451 | Merger in Lieu of Petition.
Section 709.452 | Submission of Question of Merger to Voters.
Section 709.46 | Disapproval or Approval of Merger.
Section 709.461 | Collaborative Formulation of Merger Conditions - Unincorporated Areas.
Section 709.47 | Procedure After Disapproval or Approval.
Section 709.48 | No Petitions for Annexation After Merger Defeated.