Ohio § 5709.73

§ 5709.73.

(A) As used in this section and section 5709.74 of the Revised Code : (1) “ Business day ” means a day of the week excluding Saturday, Sunday, and a legal holiday as defined

in section 1.14 of the Revised Code . (2) “ Further improvements ” or “ improvements ” means the increase in the assessed value of real property that would first appear

on the tax list and duplicate of real and public utility property after the effective

date of a resolution adopted under this section were it not for the exemption granted

by that resolution.  For purposes of division (B) of this section, “improvements” do not include any

property used or to be used for residential purposes.  For this purpose, “ property that is used or to be used for residential purposes ” means property that, as improved, is used or to be used for purposes that would

cause the tax commissioner to classify the property as residential property in accordance

with rules adopted by the commissioner under section 5713.041 of the Revised Code . (3) “ Housing renovation ” means a project carried out for residential purposes. (4) “Incentive district” has the same meaning as in section 5709.40 of the Revised Code , except that a blighted area is in the unincorporated area of a township. (5) “Overlay” has the same meaning as in section 5709.40 of the Revised Code , except that the overlay is delineated by the board of township trustees. (6) “Project” and “public infrastructure improvement” have the same meanings as in section 5709.40 of the Revised Code . (7) “Urban township” has the same meaning as in section 504.01 of the Revised Code . (8) “ Nonperforming parcel ” means a parcel to which all of the following apply: (a) The parcel is exempted from taxation under division (B) of this section or has been

included in a district created under division (C) of this section. (b) The parcel's owner is required to make payments in lieu of taxes in accordance with section 5709.74 of the Revised Code . (c) No such payments have been remitted to the county treasurer since the inception of

the exemption or district. (B) A board of township trustees may adopt a resolution that declares to be a public

purpose any public infrastructure improvements made that are necessary for the development

of certain parcels of land located in the unincorporated area of the township.  Except for a resolution adopted by the board of an urban township, the resolution

shall be adopted by a unanimous vote of the board.  Except as otherwise provided under division (D) of this section or section 5709.51 or 5709.511 of the Revised Code , the resolution may exempt from real property taxation not more than seventy-five

per cent of further improvements to a parcel of land that directly benefits from the

public infrastructure improvements, for a period of not more than ten years.  The resolution shall specify the percentage of the further improvements to be exempted

and the life of the exemption. (C)(1) A board of township trustees may adopt a resolution creating an incentive district

and declaring improvements to parcels within the district to be a public purpose and,

except as provided in division (C)(2) of this section, exempt from taxation as provided

in this section.  Except for a resolution adopted by the board of an urban township, the resolution

shall be adopted by a unanimous vote of the board.  A board of township trustees of a township that has a population that exceeds twenty-five

thousand, as shown by the most recent federal decennial census, may not adopt a resolution

that creates an incentive district if the sum of the taxable value of real property

in the proposed district for the preceding tax year and the taxable value of all real

property in the township that would have been taxable in the preceding year were it

not for the fact that the property was in an existing incentive district and therefore

exempt from taxation exceeds twenty-five per cent of the taxable value of real property

in the township for the preceding tax year.  The district shall be located within the unincorporated area of the township and

shall not include any territory that is included within a district created under division (B) of section 5709.78 of the Revised Code .  The resolution shall delineate the boundary of the proposed district and specifically

identify each parcel within the district.  A proposed district may not include any parcel, other than a nonperforming parcel,

that is or has been exempted from taxation under division (B) of this section or that

is or has been within another district created under this division.  On and after the effective date of the district, a nonperforming parcel within the

district is no longer exempted from taxation under division (B) of this section or

included within an incentive district under any previous resolution, and the parcel's

owner is no longer required to make payments in lieu of taxes under such a previous

resolution in accordance with section 5709.74 of the Revised Code .  Any exemption application filed with the tax commissioner under section 5715.27 of the Revised Code under the second resolution shall identify the nonperforming parcels included in

the second district, the original resolution under which the nonperforming parcels

were originally exempted, and the value history of each nonperforming parcel since

the enactment of the original resolution.  A resolution may create more than one such district, and more than one resolution

may be adopted under division (C)(1) of this section. (2)(a) Not later than thirty days prior to adopting a resolution under division (C)(1) of

this section, if the township intends to apply for exemptions from taxation under section 5709.911 of the Revised Code on behalf of owners of real property located within the proposed incentive district,

the board shall conduct a public hearing on the proposed resolution.  Not later than thirty days prior to the public hearing, the board shall give notice

of the public hearing and the proposed resolution by first class mail to every real

property owner whose property is located within the boundaries of the proposed incentive

district that is the subject of the proposed resolution.  The notice shall include a map of the proposed incentive district on which the board

of township trustees shall have delineated an overlay.  The notice shall inform the property owner of the owner's right to exclude the owner's

property from the incentive district if both of the following conditions are met: (i) The owner's entire parcel of property will not be located within the overlay. (ii) The owner has submitted a statement to the board of county commissioners of the county

in which the parcel is located indicating the owner's intent to seek a tax exemption

for improvements to the owner's parcel under division (A) or (B) of section 5709.78 of the Revised Code within the next five years. When both of the preceding conditions are met, the owner may exclude the owner's property

from the incentive district by submitting a written response in accordance with division

(C)(2)(b) of this section.  The notice also shall include information detailing the required contents of the

response, the address to which the response may be mailed, and the deadline for submitting

the response. (b) Any owner of real property located within the boundaries of an incentive district

proposed under division (C)(1) of this section who meets the conditions specified

in divisions (C)(2)(a)(i) and (ii) of this section may exclude the property from the

proposed incentive district by submitting a written response to the board not later

than forty-five days after the postmark date on the notice required under division

(C)(2)(a) of this section.  The response shall include a copy of the statement submitted under division (C)(2)(a)(ii)

of this section.  The response shall be sent by first class mail or delivered in person at a public

hearing held by the board under division (C)(2)(a) of this section.  The response shall conform to any content requirements that may be established by

the board and included in the notice provided under division (C)(2)(a) of this section.  In the response, property owners may identify a parcel by street address, by the

manner in which it is identified in the resolution, or by other means allowing the

identity of the parcel to be ascertained. (c) Before adopting a resolution under division (C)(1) of this section, the board shall

amend the resolution to exclude any parcel for which a written response has been submitted

under division (C)(2)(b) of this section.  A township shall not apply for exemptions from taxation under section 5709.911 of the Revised Code for any such parcel, and service payments may not be required from the owner of the

parcel.  Improvements to a parcel excluded from an incentive district under this division

may be exempted from taxation under division (B) of this section pursuant to a resolution

adopted under that division or under any other section of the Revised Code under which

the parcel qualifies. (3)(a) A resolution adopted under division (C)(1) of this section shall specify the life

of the incentive district and the percentage of the improvements to be exempted, shall

designate the public infrastructure improvements made, to be made, or in the process

of being made, that benefit or serve, or, once made, will benefit or serve parcels

in the district.  The resolution also shall identify one or more specific projects being, or to be,

undertaken in the district that place additional demand on the public infrastructure

improvements designated in the resolution.  The project identified may, but need not be, the project under division (C)(3)(b)

of this section that places real property in use for commercial or industrial purposes. A resolution adopted under division (C)(1) of this section on or after March 30, 2006,

shall not designate police or fire equipment as public infrastructure improvements,

and, except as provided in division (F) of this section, no service payment provided

for in section 5709.74 of the Revised Code and received by the township under the resolution shall be used for police or fire

equipment. (b) A resolution adopted under division (C)(1) of this section may authorize the use

of service payments provided for in section 5709.74 of the Revised Code for the purpose of housing renovations within the incentive district, provided that

the resolution also designates public infrastructure improvements that benefit or

serve the district, and that a project within the district places real property in

use for commercial or industrial purposes.  Service payments may be used to finance or support loans, deferred loans, and grants

to persons for the purpose of housing renovations within the district.  The resolution shall designate the parcels within the district that are eligible

for housing renovations.  The resolution shall state separately the amount or the percentages of the expected

aggregate service payments that are designated for each public infrastructure improvement

and for the purpose of housing renovations. (4) Except with the approval of the board of education of each city, local, or exempted

village school district within the territory of which the incentive district is or

will be located, and subject to division (E) of this section, the life of an incentive

district shall not exceed ten years, and the percentage of improvements to be exempted

shall not exceed seventy-five per cent.  With approval of the board of education, the life of a district may be not more

than thirty years, and the percentage of improvements to be exempted may be not more

than one hundred per cent.  The approval of a board of education shall be obtained in the manner provided in

division (D) of this section. (D) Improvements with respect to a parcel may be exempted from taxation under division

(B) of this section, and improvements to parcels within an incentive district may

be exempted from taxation under division (C) of this section, for up to ten years

or, with the approval of the board of education of the city, local, or exempted village

school district within which the parcel or district is located, for up to thirty years.  The percentage of the improvements exempted from taxation may, with such approval,

exceed seventy-five per cent, but shall not exceed one hundred per cent.  Not later than forty-five business days prior to adopting a resolution under this

section declaring improvements to be a public purpose that is subject to approval

by a board of education under this division, the board of township trustees shall

deliver to the board of education a notice stating its intent to adopt a resolution

making that declaration.  The notice regarding improvements with respect to a parcel under division (B) of

this section shall identify the parcels for which improvements are to be exempted

from taxation, provide an estimate of the true value in money of the improvements,

specify the period for which the improvements would be exempted from taxation and

the percentage of the improvements that would be exempted, and indicate the date on

which the board of township trustees intends to adopt the resolution.  The notice regarding improvements made under division (C) of this section to parcels

within an incentive district shall delineate the boundaries of the district, specifically

identify each parcel within the district, identify each anticipated improvement in

the district, provide an estimate of the true value in money of each such improvement,

specify the life of the district and the percentage of improvements that would be

exempted, and indicate the date on which the board of township trustees intends to

adopt the resolution.  The board of education, by resolution adopted by a majority of the board, may approve

the exemption for the period or for the exemption percentage specified in the notice;

 may disapprove the exemption for the number of years in excess of ten, may disapprove

the exemption for the percentage of the improvements to be exempted in excess of seventy-five

per cent, or both;  or may approve the exemption on the condition that the board of

township trustees and the board of education negotiate an agreement providing for

compensation to the school district equal in value to a percentage of the amount of

taxes exempted in the eleventh and subsequent years of the exemption period or, in

the case of exemption percentages in excess of seventy-five per cent, compensation

equal in value to a percentage of the taxes that would be payable on the portion of

the improvements in excess of seventy-five per cent were that portion to be subject

to taxation, or other mutually agreeable compensation. The board of education shall certify its resolution to the board of township trustees

not later than fourteen days prior to the date the board of township trustees intends

to adopt the resolution as indicated in the notice.  If the board of education and the board of township trustees negotiate a mutually

acceptable compensation agreement, the resolution may declare the improvements a public

purpose for the number of years specified in the resolution or, in the case of exemption

percentages in excess of seventy-five per cent, for the exemption percentage specified

in the resolution.  In either case, if the board of education and the board of township trustees fail

to negotiate a mutually acceptable compensation agreement, the resolution may declare

the improvements a public purpose for not more than ten years, and shall not exempt

more than seventy-five per cent of the improvements from taxation.  If the board of education fails to certify a resolution to the board of township

trustees within the time prescribed by this section, the board of township trustees

thereupon may adopt the resolution and may declare the improvements a public purpose

for up to thirty years or, in the case of exemption percentages proposed in excess

of seventy-five per cent, for the exemption percentage specified in the resolution.  The board of township trustees may adopt the resolution at any time after the board

of education certifies its resolution approving the exemption to the board of township

trustees, or, if the board of education approves the exemption on the condition that

a mutually acceptable compensation agreement be negotiated, at any time after the

compensation agreement is agreed to by the board of education and the board of township

trustees.  If a mutually acceptable compensation agreement is negotiated between the board

of township trustees and the board of education, including agreements for payments

in lieu of taxes under section 5709.74 of the Revised Code , the board of township trustees shall compensate the joint vocational school district

within which the parcel or district is located at the same rate and under the same

terms received by the city, local, or exempted village school district. If a board of education has adopted a resolution waiving its right to approve exemptions

from taxation under this section and the resolution remains in effect, approval of

such exemptions by the board of education is not required under division (D) of this

section.  If a board of education has adopted a resolution allowing a board of township trustees

to deliver the notice required under division (D) of this section fewer than forty-five

business days prior to adoption of the resolution by the board of township trustees,

the board of township trustees shall deliver the notice to the board of education

not later than the number of days prior to the adoption as prescribed by the board

of education in its resolution.  If a board of education adopts a resolution waiving its right to approve exemptions

or shortening the notification period, the board of education shall certify a copy

of the resolution to the board of township trustees.  If the board of education rescinds the resolution, it shall certify notice of the

rescission to the board of township trustees. If the board of township trustees is not required by division (D) of this section

to notify the board of education of the board of township trustees' intent to declare

improvements to be a public purpose, the board of township trustees shall comply with

the notice requirements imposed under section 5709.83 of the Revised Code before taking formal action to adopt the resolution making that declaration, unless

the board of education has adopted a resolution under that section waiving its right

to receive the notice. Nothing in this division prohibits the board of township trustees from amending the

resolution under section 5709.51 or 5709.511 of the Revised Code to extend the term of the exemption. (E)(1) If a proposed resolution under division (C)(1) of this section exempts improvements

with respect to a parcel within an incentive district for more than ten years, or

the percentage of the improvement exempted from taxation exceeds seventy-five per

cent, not later than forty-five business days prior to adopting the resolution the

board of township trustees shall deliver to the board of county commissioners of the

county within which the incentive district is or will be located a notice that states

its intent to adopt a resolution creating an incentive district.  The notice shall include a copy of the proposed resolution, identify the parcels

for which improvements are to be exempted from taxation, provide an estimate of the

true value in money of the improvements, specify the period of time for which the

improvements would be exempted from taxation, specify the percentage of the improvements

that would be exempted from taxation, and indicate the date on which the board of

township trustees intends to adopt the resolution. (2) The board of county commissioners, by resolution adopted by a majority of the board,

may object to the exemption for the number of years in excess of ten, may object to

the exemption for the percentage of the improvement to be exempted in excess of seventy-five

per cent, or both.  If the board of county commissioners objects, the board may negotiate a mutually

acceptable compensation agreement with the board of township trustees.  In no case shall the compensation provided to the board of county commissioners

exceed the property taxes foregone due to the exemption.  If the board of county commissioners objects, and the board of county commissioners

and board of township trustees fail to negotiate a mutually acceptable compensation

agreement, the resolution adopted under division (C)(1) of this section shall provide

to the board of county commissioners compensation in the eleventh and subsequent years

of the exemption period equal in value to not more than fifty per cent of the taxes

that would be payable to the county or, if the board of county commissioner's objection

includes an objection to an exemption percentage in excess of seventy-five per cent,

compensation equal in value to not more than fifty per cent of the taxes that would

be payable to the county, on the portion of the improvement in excess of seventy-five

per cent, were that portion to be subject to taxation.  The board of county commissioners shall certify its resolution to the board of township

trustees not later than thirty days after receipt of the notice. (3) If the board of county commissioners does not object or fails to certify its resolution

objecting to an exemption within thirty days after receipt of the notice, the board

of township trustees may adopt its resolution, and no compensation shall be provided

to the board of county commissioners.  If the board of county commissioners timely certifies its resolution objecting to

the trustees' resolution, the board of township trustees may adopt its resolution

at any time after a mutually acceptable compensation agreement is agreed to by the

board of county commissioners and the board of township trustees, or, if no compensation

agreement is negotiated, at any time after the board of township trustees agrees in

the proposed resolution to provide compensation to the board of county commissioners

of fifty per cent of the taxes that would be payable to the county in the eleventh

and subsequent years of the exemption period or on the portion of the improvement

in excess of seventy-five per cent, were that portion to be subject to taxation. (F) Service payments in lieu of taxes that are attributable to any amount by which the

effective tax rate of either a renewal levy with an increase or a replacement levy

exceeds the effective tax rate of the levy renewed or replaced, or that are attributable

to an additional levy, for a levy authorized by the voters for any of the following

purposes on or after January 1, 2006, and which are provided pursuant to a resolution

creating an incentive district under division (C)(1) of this section that is adopted

on or after January 1, 2006, or a later date as specified in this division, shall

be distributed to the appropriate taxing authority as required under division (C) of section 5709.74 of the Revised Code in an amount equal to the amount of taxes from that additional levy or from the increase

in the effective tax rate of such renewal or replacement levy that would have been

payable to that taxing authority from the following levies were it not for the exemption

authorized under division (C) of this section: (1) A tax levied under division (L) of section 5705.19 or section 5705.191 or 5705.222 of the Revised Code for community developmental disabilities programs and services pursuant to Chapter

5126. of the Revised Code; (2) A tax levied under division (Y) of section 5705.19 of the Revised Code for providing or maintaining senior citizens services or facilities; (3) A tax levied under section 5705.22 of the Revised Code for county hospitals; (4) A tax levied by a joint-county district or by a county under section 5705.19 , 5705.191 , or 5705.221 of the Revised Code for alcohol, drug addiction, and mental health services or families; (5) A tax levied under section 5705.23 of the Revised Code for library purposes; (6) A tax levied under section 5705.24 of the Revised Code for the support of children services and the placement and care of children; (7) A tax levied under division (Z) of section 5705.19 of the Revised Code for the provision and maintenance of zoological park services and facilities under section 307.76 of the Revised Code ; (8) A tax levied under section 511.27 or division (H) of section 5705.19 of the Revised Code for the support of township park districts; (9) A tax levied under division (A) , (F) , or (H) of section 5705.19 of the Revised Code for parks and recreational purposes of a joint recreation district organized pursuant

to division (B) of section 755.14 of the Revised Code ; (10) A tax levied under section 1545.20 or 1545.21 of the Revised Code for park district purposes; (11) A tax levied under section 5705.191 of the Revised Code for the purpose of making appropriations for public assistance;  human or social

services;  public relief;  public welfare;  public health and hospitalization;  and

support of general hospitals; (12) A tax levied under section 3709.29 of the Revised Code for a general health district program; (13) A tax levied by a township under section 505.39, 505.51, or division (I), (J) , (U) , or (JJ) of section 5705.19 of the Revised Code for the purpose of funding fire, police, emergency medical, or ambulance services

as described in those sections.  Division (F)(13) of this section applies only to incentive districts created by

a resolution adopted on or after March 22, 2019, the effective date of the amendment

of this section by H.B. 500 of the 132nd general assembly, and only if that resolution

specifies that division (F) of this section shall apply to such a tax. (G) An exemption from taxation granted under this section commences with the tax year

specified in the resolution so long as the year specified in the resolution commences

after the effective date of the resolution.  If the resolution specifies a year commencing before the effective date of the resolution

or specifies no year whatsoever, the exemption commences with the tax year in which

an exempted improvement first appears on the tax list and duplicate of real and public

utility property and that commences after the effective date of the resolution.  In lieu of stating a specific year, the resolution may provide that the exemption

commences in the tax year in which the value of an improvement exceeds a specified

amount or in which the construction of one or more improvements is completed, provided

that such tax year commences after the effective date of the resolution.  With respect to the exemption of improvements to parcels under division (B) of this

section, the resolution may allow for the exemption to commence in different tax years

on a parcel-by-parcel basis, with a separate exemption term specified for each parcel. Except as otherwise provided in this division and sections 5709.51 and 5709.511 of the Revised Code , the exemption ends on the date specified in the resolution as the date the improvement

ceases to be a public purpose or the incentive district expires, or ends on the date

on which the public infrastructure improvements and housing renovations are paid in

full from the township public improvement tax increment equivalent fund established

under section 5709.75 of the Revised Code , whichever occurs first.  The exemption of an improvement with respect to a parcel or within an incentive

district may end on a later date, as specified in the resolution, if the board of

township trustees and the board of education of the city, local, or exempted village

school district within which the parcel or district is located have entered into a

compensation agreement under section 5709.82 of the Revised Code with respect to the improvement and the board of education has approved the term

of the exemption under division (D) of this section, but in no case shall the improvement

be exempted from taxation for more than thirty years.  The board of township trustees may, by majority vote, adopt a resolution permitting

the township to enter into such agreements as the board finds necessary or appropriate

to provide for the construction or undertaking of public infrastructure improvements

and housing renovations.  Any exemption shall be claimed and allowed in the same or a similar manner as in

the case of other real property exemptions.  If an exemption status changes during a tax year, the procedure for the apportionment

of the taxes for that year is the same as in the case of other changes in tax exemption

status during the year. (H) The board of township trustees may issue the notes of the township to finance all

costs pertaining to the construction or undertaking of public infrastructure improvements

and housing renovations made pursuant to this section.  The notes shall be signed by the board and attested by the signature of the township

fiscal officer, shall bear interest not to exceed the rate provided in section 9.95 of the Revised Code , and are not subject to Chapter 133. of the Revised Code.  The resolution authorizing the issuance of the notes shall pledge the funds of the

township public improvement tax increment equivalent fund established pursuant to section 5709.75 of the Revised Code to pay the interest on and principal of the notes.  The notes, which may contain a clause permitting prepayment at the option of the

board, shall be offered for sale on the open market or given to the vendor or contractor

if no sale is made. (I) The township, not later than fifteen days after the adoption of a resolution under

this section, shall submit to the director of development a copy of the resolution.  On or before the thirty-first day of March of each year, the township shall submit

a status report to the director.  The report shall indicate, in the manner prescribed by the director, the progress

of the project during each year that the exemption remains in effect, including a

summary of the receipts from service payments in lieu of taxes;  expenditures of money

from the fund created under section 5709.75 of the Revised Code ;  a description of the public infrastructure improvements and housing renovations

financed with the expenditures;  and a quantitative summary of changes in private

investment resulting from each project. (J) Nothing in this section shall be construed to prohibit a board of township trustees

from declaring to be a public purpose improvements with respect to more than one parcel. If a parcel is located in a new community district in which the new community authority

imposes a community development charge on the basis of rentals received from leases

of real property as described in division (L)(2) of section 349.01 of the Revised Code , the parcel may not be exempted from taxation under this section. (K) A board of township trustees that adopted a resolution under this section prior to

July 21, 1994, may amend that resolution to include any additional public infrastructure

improvement.  A board of township trustees that seeks by the amendment to utilize money from its

township public improvement tax increment equivalent fund for land acquisition in

aid of industry, commerce, distribution, or research, demolition on private property,

or stormwater and flood remediation projects may do so provided that the board currently

is a party to a hold-harmless agreement with the board of education of the city, local,

or exempted village school district within the territory of which are located the

parcels that are subject to an exemption.  For the purposes of this division, a “ hold-harmless agreement ” means an agreement under which the board of township trustees agrees to compensate

the school district for one hundred per cent of the tax revenue that the school district

would have received from further improvements to parcels designated in the resolution

were it not for the exemption granted by the resolution. (L)(1) Notwithstanding the limitation prescribed by division (D) of this section on the

number of years that improvements to a parcel or parcels may be exempted from taxation,

and subject to division (L)(3) of this section, a board of trustees of a township

with a population of fifteen thousand or more may amend a resolution originally adopted

under this section before December 31, 1994, to extend the exemption of improvements

to the parcel or parcels included in such resolution for an additional period not

to exceed fifteen years.  The amendment shall not increase the percentage of improvements to the parcel or

parcels exempted from taxation. (2) Notwithstanding the limitations prescribed by divisions (C) and (D) of this section

on the life of an incentive district and the number of years that improvements to

a parcel or parcels within an incentive district may be exempted from taxation, and

subject to division (L)(3) of this section, a board of township trustees may amend

a resolution originally adopted under division (C) of this section before January

1, 2006, to extend the life of an incentive district created by that resolution.  The extension shall be for a period not to exceed fifteen years and shall not increase

the percentage of the value of improvements exempted from taxation. (3) Before adopting an amendment authorized under division (L)(1) or (2) of this section,

the board of township trustees shall provide notice of the amendment to each board

of education of the city, local, or exempted village school district in which the

exempted parcels or incentive district are located, in the same manner as provided

under division (D) of this section, and shall obtain the approval of each such board

of education in the manner required under that division, except that (a) the board

of education may approve the exemption on the condition that the board of township

trustees and the board of education negotiate an agreement providing for compensation

to the school district equal in value to the amount of taxes the district forgoes

in each year the exemption is extended or any other mutually agreeable compensation

and (b) if the board of education fails to certify a resolution approving the amendment

to the board of township trustees within the time prescribed by division (D) of this

section, the board of township trustees shall not adopt the amendment. No approval under division (L)(3) of this section shall be required for an amendment

authorized under division (L)(2) of this section if the amendment provides for compensation

to the city, local, or exempted village school district in which the incentive district

is located equal in value to the amount of taxes that would be payable to the school

district if the improvements exempted from taxation had not been exempted for the

additional period.  Approval is also not required for an amendment authorized under either division

(L)(1) or (2) of this section from a board of education that has adopted a resolution

waiving its right to approve exemptions from taxation pursuant to division (D) of

this section.  If the board of education has adopted such a resolution, the board of township trustees

shall comply with the notice requirements imposed under section 5709.83 of the Revised Code before taking formal action to adopt the amendment unless the board of education

has adopted a resolution under that section waiving its right to receive the notice.  Not later than fourteen days before adopting an amendment authorized under division

(L)(1) or (2) of this section, the board of township trustees shall deliver a notice

identical to a notice required under section 5709.83 of the Revised Code to the board of county commissioners of each county in which the exempted parcels

or incentive district are located.