Ohio § 701.07

§ 701.07.

(A) The legislative authority of one or more municipal corporations, by ordinance or

resolution, and the board of township trustees of one or more townships, by resolution,

may enter into a cooperative economic development agreement under this section.  The board of county commissioners of one or more counties may become a party to

a cooperative economic development agreement upon the written consent of the legislative

authority of each municipal corporation and the board of township trustees of each

township that is a party to the agreement. Before entering into a cooperative economic development agreement pursuant to this

section, the parties to the agreement shall jointly hold a public hearing concerning

the agreement.  The parties shall provide to residents of the territory affected by the agreement

at least thirty days' public notice of the time and place of the public hearing in

one or more newspapers of general circulation in that territory.  During the thirty-day period prior to the public hearing, each party to the agreement,

except the state or any state agency or any person or private entity that becomes

a party to the agreement under division (C)(10) or (F) of this section, shall make

available for public inspection a copy of the proposed agreement. (B) A cooperative economic development agreement may be amended at any time in the same

manner as it was initially authorized.  A cooperative economic development agreement shall designate the territory the agreement

covers. (C) A cooperative economic development agreement may provide for any of the following: (1) The provision of joint services and permanent improvements within incorporated or

unincorporated areas; (2) The provision of services and improvements by a municipal corporation in unincorporated

areas.  As used in division (C)(2) of this section, “ improvements ” includes, but is not limited to, sewers, roadways, public utilities, and the acquisition

of land. (3) The provision of services and improvements by a county or township within the territory

of a municipal corporation; (4) The payment of service fees to a municipal corporation by a township or county; (5) The payment of service fees to a township or a county by a municipal corporation; (6) The issuance of notes and bonds and other debt obligations by a municipal corporation,

county, or township for public purposes authorized by or under a cooperative economic

development agreement and provision for the allocation of the payment of the principal

of, interest on, and other charges and costs of issuing and servicing the repayment

of the debt; (7) The issuance of industrial development notes, bonds, and debt obligations by a municipal

corporation to finance projects in territory located outside the municipal corporation

but located within the territory covered by a cooperative economic development agreement

and provision for the allocation of the payment of the principal of, interest on,

and other charges and costs of issuing and servicing the repayment of the debt.  To implement division (C)(10) of this section, a municipal corporation may undertake

projects under Chapter 165., 761., or 902. of the Revised Code even though the project

is in territory located outside the municipal corporation. (8) The territory to be annexed to a municipal corporation when agreed to by the municipal

corporation to which annexation is proposed and the township in which the territory

to be annexed is located; (9) Any periods of time during which no annexations will occur and any areas that will

not be annexed during the period when agreed to by the municipal corporation and township

affected by the annexation moratorium; (10) Agreements by a municipal corporation and a township, or by a municipal corporation

and a county, with landowners or developers of land that is to be annexed, or with

both such landowners and land developers, concerning the provision of public services,

facilities, and permanent improvements.  Any person or other private entity described in division (C)(10) of this section

that enters into an agreement with a municipal corporation and a township, or with

a municipal corporation and a county, pursuant to this division shall be considered

to be a party to the agreement. (11) The application of tax abatement statutes within the territory covered by the cooperative

economic development agreement; (12) Changing township boundaries under Chapter 503. of the Revised Code to exclude newly

annexed territory from the original township and providing services to that territory; (13) The earmarking by a municipal corporation for its general revenue fund of a portion

of the utility charges it collects in territory located outside the municipal corporation

but located within the territory covered by a cooperative economic development agreement,

but only if the cooperative economic development agreement does not cover any matters

relating to annexation; (14) Payments in lieu of taxes, if any, to be paid to a township by a municipal corporation.  These payments may be in addition to or in lieu of other payments required by law

to be made to the township by that municipal corporation; (15) Any other matter pertaining to the annexation or development of territory, whether

the territory is owned by a governmental entity or a person or private entity; (16) Agreements by one or more cities as defined under section 703.01 of the Revised Code , and one or more townships located in a county having a population of at least one

hundred sixty thousand but not more than one hundred eighty thousand as determined

by the most recent federal decennial census published by the United States census

bureau before the execution of the cooperative economic development agreement and

having a county planning commission operating pursuant to section 713.22 of the Revised Code as of the last day of the year to which such census applies, all of which shall be

contiguous, subjecting all or part of the territory that is subject to the cooperative

economic development agreement that qualifies as a megaproject supporting site to

the substance of ordinances, resolutions, or other regulations of one or more of the

political subdivisions party to the agreement related to the permitting, engineering,

and construction of public and private improvements and other regulatory and proprietary

matters determined to be for a public purpose under building codes, subdivision and

other regulations as contemplated in Chapter 711. of the Revised Code, and regulations

concerning construction and maintenance of new roads and streets, but excluding regulations

related to zoning, public water infrastructure and services, public sanitary sewer

infrastructure and services, bridges, existing roads and streets, stormwater management,

floodplain management, or soil erosion control.  Such regulations shall apply within the designated territory and shall prevail over

regulations that would otherwise be applicable, as specified in the agreements, including

regulations of a political subdivision that is not party to the cooperative economic

development agreement.  A county wherein a political subdivision that is party to the cooperative economic

development agreement is located, or a county contiguous to a political subdivision

that is party to the cooperative economic development agreement, may become a party

to any of the agreements under this division upon the written consent of the legislative

authority of each city and the board of township trustees of each township that is

a party to the cooperative economic development agreement.  An agreement under this division is effective upon written approval of the legislative

authority of each city, the board of township trustees of each township, and, as applicable,

the board of county commissioners of each county that is party to the agreement.  The political subdivision whose regulations the designated territory is subject

to shall be responsible for administering and processing the regulations within the

designated territory and may be compensated for such services as specified in the

agreement.  All public improvements that are constructed pursuant to such regulations shall

be required to be owned and maintained by one or more of the parties to the cooperative

economic development agreement as specified in any agreement permitted under this

division and shall not be required, without its consent, to be owned or maintained

by any political subdivision whose regulations have been superseded, and that political

subdivision shall not, without its consent, have any obligations or liabilities relating

thereto. Before executing a cooperative economic development agreement that includes any agreements

under this division, a township that is party to the proposed cooperative economic

development agreement shall deliver, by certified mail, written notice to the clerk

of the board of commissioners of the county in which affected property is located

and to the proposed other party or parties to the cooperative economic development

agreement indicating its intent to include, within the proposed cooperative economic

development agreement, agreements that are permissible under this division.  The notice shall identify which ordinances, resolutions, or other regulations are

to be addressed in the permissible agreements and the territory to which the agreements

will apply.  The township and the county have ninety days from the clerk's receipt of the notice

to negotiate their own agreement concerning procedures to achieve the efficient administration

of those county regulations over which the regulations of another political subdivision

would prevail under the agreements permitted under this division including, without

limitation, definitive timing requirements for completing related administrative actions.  The township and county may, by mutual agreement, extend the ninety-day period for

up to an additional thirty days. The notice may include an election by the township to require the county to process

and review all applications related to the permitting, engineering, and construction

of public and private improvements that must be filed, processed, and approved by

the county, its engineer, agencies, or departments in accordance with the same timing

requirements as would apply to the processing and approval of similar applications

if they were instead permitted to be filed under similar regulations adopted by the

city that is a party to the cooperative economic development agreement.  This election shall be binding upon the county regardless of whether the township

and the county enter into an agreement as provided in this division, unless otherwise

provided in such an agreement.  If the election is made and is not otherwise altered in an agreement between the

township and the county, and an application requires review by any committee, commission,

or board of the county, then the application shall be placed on the agenda of the

first regular meeting of such committee, commission, or board that occurs on or after

the date that is fifteen days after the date the application was filed, and if no

decision on the application is made at the initial meeting of the relevant committee,

commission, or board, the application shall be considered at subsequent meetings of

the relevant committee, commission, or board not less frequently than once every thirty

days thereafter until the relevant committee, commission, or board issues a decision

on the application.  The timing requirements of this division apply to the exclusion of those that are

provided elsewhere in the Revised Code or in county regulations. If an agreement between the township and county is not duly executed by both the township

and the county before the expiration of the ninety-day period, as may be extended,

then the parties to the cooperative economic development agreement may approve and

execute any agreements permitted under this division.  If an agreement between the township and county is duly executed by both the township

and the county within that period, then during all times while the agreement between

the township and county remains effective the agreements contemplated in this division

shall not be included in a cooperative economic development agreement.  Should an agreement between the township and county later terminate or expire, then

the agreements contemplated in this division may be included in a cooperative economic

agreement without the requirement to again follow the procedures contained in this

division. As used in division (C)(16) of this section, “ megaproject supporting site ” means real property that satisfies all of the following: (a) It is subject to a cooperative economic development agreement that becomes effective

not later than June 30, 2025.  Amendments to or modifications of a cooperative economic development agreement effective

by that date, including amendments to include or modifications of agreements permitted

under division (C)(16) of this section, are permitted, even if made after that date,

without affecting compliance with this division. (b) It is no greater than six hundred acres in size. (c) It is zoned by the applicable governmental authority to allow for the development,

operation, and construction of one thousand or more residential dwelling units in

addition to nonresidential uses. (d) Any portion of the real property's perimeter boundary is located within five miles

of real property on which a megaproject, as defined in section 122.17 of the Revised Code , is located, is under construction, or is planned to be constructed, as such megaproject

real property is identified in a fully executed agreement with the tax credit authority

as contemplated in division (D) of section 122.17 of the Revised Code . (D) Cooperative economic development agreements shall not be in derogation of the powers

granted to municipal corporations by Article XVIII, Ohio Constitution , or any other provisions of the Ohio Constitution or of a municipal charter, nor

shall municipal corporations and townships, or municipal corporations and counties,

agree to share proceeds of any tax levy, although such proceeds may be used to make

payments authorized in a cooperative economic development agreement. (E) If any party to a cooperative economic development agreement believes any other party

has failed to perform its part of any provision of the agreement, including the failure

to make any payment of moneys due under the agreement, the complaining party shall

give notice to the other party clearly stating what breach the complaining party believes

has occurred.  The party receiving the notice has ninety days from the receipt of that notice to

cure the breach.  If the breach has not been cured within that ninety-day period, the complaining

party may sue for the recovery of the money due under the agreement, sue for specific

enforcement of the agreement, or terminate the agreement by giving notice of termination

to all other parties. (F) In order to assist economic development or to provide appropriate state functions

and services to any part of the state, the state or any state agency may become a

party to a cooperative economic development agreement upon the approval of the governor

and the written consent of the legislative authority or governing board of each government

entity that is a party to the agreement and upon the approval of each person or private

entity described in division (C)(10) of this section that is party to the agreement. (G) A cooperative economic development 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. (H) The powers and authorizations provided for under this section and under any cooperative

economic development agreement entered into pursuant to this section shall be liberally

construed to allow parties to enter into cooperative economic development agreements

and to carry out such an agreement by providing government improvements and facilities

and services including road and bridge improvements and regulations, by promoting

and supporting economic development, by creating and preserving employment opportunities,

and by allowing for the sharing by counties and townships in the benefits of economic

development even if the economic development does not occur in an unincorporated area. (I) Nothing in this section expands or diminishes the exception of public utilities from

certain regulations.