Ohio § 1710.06

§ 1710.06.

(A) The board of directors of a special improvement district may develop and adopt one

or more written plans for public improvements or public services that benefit all

or any part of the district.  Each plan shall set forth the specific public improvements or public services that

are to be provided, identify the area in which they will be provided, and specify

the method of assessment to be used.  Each plan for public improvements or public services shall indicate the period of

time the assessments are to be levied for the improvements and services and, if public

services are included in the plan, the period of time the services are to remain in

effect.  Plans for public improvements may include the planning, design, construction, reconstruction,

enlargement, or alteration of any public improvements and the acquisition of land

for the improvements.  Plans for public improvements or public services may also include, but are not limited

to, provisions for the following: (1) Creating and operating the district and the nonprofit corporation under this chapter,

including hiring employees and professional services, contracting for insurance, and

purchasing or leasing office space and office equipment and other requirements of

the district; (2) Planning, designing, and implementing a public improvements or public services plan,

including hiring architectural, engineering, legal, appraisal, insurance, consulting,

energy auditing, and planning services, and, for public services, managing, protecting,

and maintaining public and private facilities, including public improvements; (3) Conducting court proceedings to carry out this chapter; (4) Paying damages resulting from the provision of public improvements or public services

and implementing the plans; (5) Paying the costs of issuing, paying interest on, and redeeming notes and bonds issued

for funding public improvements and public services plans; (6) Sale, lease, lease with an option to purchase, conveyance of other interests in,

or other contracts for the acquisition, construction, maintenance, repair, furnishing,

equipping, operation, or improvement of any special energy improvement project by

the special improvement district, between a participating political subdivision and

the special improvement district, and between the special improvement district and

any owner of real property in the special improvement district on which a special

energy improvement project has been acquired, installed, equipped, or improved;  and (7) Aggregating the renewable energy credits generated by one or more special energy

improvement projects within a special improvement district, upon the consent of the

owners of the credits and for the purpose of negotiating and completing the sale of

such credits. (B) Once the board of directors of the special improvement district adopts a plan, it

shall submit the plan to the legislative authority of each participating political

subdivision and the municipal executive of each municipal corporation in which the

district is located, if any.  The legislative authorities and municipal executives shall review the plan and,

within sixty days after receiving it, may submit their comments and recommendations

about it to the district.  After reviewing these comments and recommendations, the board of directors may amend

the plan.  It may then submit the plan, amended or otherwise, in the form of a petition to

members of the district whose property may be assessed for the plan.  Once the petition is signed by those members who own at least sixty per cent of

the front footage of property that is to be assessed and that abuts upon a street,

alley, public road, place, boulevard, parkway, park entrance, easement, or other public

improvement, or those members who own at least seventy-five per cent of the area to

be assessed for the improvement or service, the petition may be submitted to each

legislative authority for approval.  Except as provided in division (H) of section 1710.02 of the Revised Code , if the special improvement district was created for the purpose of developing and

implementing plans for special energy improvement projects or shoreline improvement

projects, the petition required under this division shall be signed by one hundred

per cent of the owners of the area of all real property located within the area to

be assessed for the special energy improvement project or shoreline improvement project. Each legislative authority shall, by resolution, approve or reject the petition within

sixty days after receiving it.  If the petition is approved by the legislative authority of each participating political

subdivision, the plan contained in the petition shall be effective at the earliest

date on which a nonemergency resolution of the legislative authority with the latest

effective date may become effective.  A plan may not be resubmitted to the legislative authorities and municipal executives

more than three times in any twelve-month period. (C) Each participating political subdivision shall levy, by special assessment upon specially

benefited property located within the district, the costs of any public improvements

or public services plan contained in a petition approved by the participating political

subdivisions under this section or division (F) of section 1710.02 of the Revised Code .  The levy shall be made in accordance with the procedures set forth in Chapter 727.

of the Revised Code, except that: (1) The assessment for each improvements or services plan may be levied by any one or

any combination of the methods of assessment listed in section 727.01 of the Revised Code , provided that the assessment is uniformly applied. (2) For the purpose of levying an assessment, the board of directors may combine one

or more improvements or services plans or parts of plans and levy a single assessment

against specially benefited property. (3) For purposes of special assessments levied by a township pursuant to this chapter,

references in Chapter 727. of the Revised Code to the municipal corporation shall

be deemed to refer to the township, and references to the legislative authority of

the municipal corporation shall be deemed to refer to the board of township trustees. (4) Revenue collected from the levy of a special assessment for the cost of a special

energy improvement project may be assigned and remitted to the Ohio air quality development

authority pursuant to an agreement entered into under section 3706.12 of the Revised Code . Church property or property owned by a political subdivision, including any participating

political subdivision in which a special improvement district is located, shall be

included in and be subject to special assessments made pursuant to a plan adopted

under this section or division (F) of section 1710.02 of the Revised Code , if the church or political subdivision has specifically requested in writing that

its property be included within the special improvement district and the church or

political subdivision is a member of the district or, in the case of a district created

by an existing qualified nonprofit corporation, if the church is a member of the corporation. For tax years 2020 to 2024, qualifying real property, as defined in section 727.031 of the Revised Code , is exempt from special assessments levied under division (C) of this section, provided

no delinquent special assessments and related interest and penalties are levied or

assessed against any property owned by the owner and operator of the qualifying real

property for that tax year. (D) All rights and privileges of property owners who are assessed under Chapter 727.

of the Revised Code shall be granted to property owners assessed under this chapter,

including those rights and privileges specified in sections 727.15 to 727.17 and 727.18 to 727.22 of the Revised Code and the right to notice of the resolution of necessity and the filing of the estimated

assessment under section 727.13 of the Revised Code .  Property owners assessed for public services under this chapter shall have the same

rights and privileges as property owners assessed for public improvements under this

chapter.