Ohio § 4955.42

§ 4955.42.

(A) A municipal corporation or township may establish within its jurisdiction one or

more railroad quiet zones implementing and using one or more supplemental safety measures,

through the enactment or adoption, after the effective date of initial regulations

adopted pursuant to the “Swift Rail Development Act,” Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153 , of an ordinance or resolution authorizing each zone and subject to public utilities

commission approval under this section. (B)(1) Following enactment of an ordinance or resolution under division (A) of this section,

the municipal corporation or township shall send a detailed written notice by certified

mail, return receipt requested, to each railroad operating over a public grade crossing

within the quiet zone.  The notice shall request the railroad to give a written reply that includes its

comments about the quiet zone and details any concerns the railroad has with any aspect

of the quiet zone.  The notice shall inform the railroad that if the municipal corporation or township

does not receive the railroad's written reply within sixty days of the date of delivery

of the notice, the municipal corporation or township is permitted to submit its application

for approval of the quiet zone to the commission without the railroad's written reply

and inform the commission that it provided the written notice as required by this

section but that the railroad did not reply in a timely manner. (2) The municipal corporation or township then may file with the commission an application

for commission approval of the railroad quiet zone authorized pursuant to the ordinance

or resolution.  The application shall be in such form and contain such information as the commission

specifies.  All applications also shall include all of the following: (a) The written reply described in division (B)(1) of this section, if any, from each

railroad operating over a public grade crossing located within the quiet zone.  If there is a written reply and it contains concerns that the railroad has about

any aspect of the quiet zone, the municipal corporation or township shall include

a written statement explaining how it will meet those concerns. (b) A written statement from the federal railroad administration, stating that the agency

has no objection to the establishment of the quiet zone; (c) If a municipal corporation or township makes application under this division and

wishes to pay all or part of the cost of the installation or maintenance of supplemental

safety measures at a highway grade crossing located within the quiet zone in an adjoining

municipal corporation or township, a written statement from the adjoining municipal

corporation or township agreeing to that arrangement; (d) A list of the private grade crossings, if any, that are located within the quiet

zone, and a description of how the municipal corporation or township will ensure the

safety of those who utilize those private grade crossings if the commission approves

the quiet zone. (3) Any combination of municipal corporations and townships may file a joint application

for commission approval of quiet zones within their respective jurisdictions. (C) Upon the filing of an application under division (B) of this section, the commission

shall authorize a limited period for the filing of comments by any party regarding

the application.  After considering any such comments and only by order issued after the effective

date of initial regulations adopted pursuant to the “Swift Rail Development Act,” Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153 , the commission may approve the application, approve it with conditions, or reject

the application.  If the application is complete and otherwise meets all the requirements of this

section, the commission shall approve the railroad quiet zone if the commission finds

that the supplemental safety measures proposed for each public crossing included in

the zone comply with the guidelines for the use and operation of those measures as

set forth in Appendix (A) of 49 C.F.R. part 222 and are appropriate and adequate for the crossing.  If the commission disapproves all or part of an application as to a particular crossing,

the commission's order shall state the findings and reasons for disapproval.  Nothing in this section precludes the subsequent filing of a substantially modified

application by the municipal corporation or township. The commission shall reject an application that does not include the documents described

in divisions (B)(2)(a), (b), and, if applicable, (B)(2)(c) and (d) of this section.  If the application includes a written reply and a written statement described in

division (B)(2)(a) of this section, the commission shall reject the application if

the commission finds that the statement from the municipal corporation or township

does not adequately address the concerns of the railroad contained in the railroad's

written reply.  If the application includes a statement described in division (B)(2)(d) of this

section, the commission shall reject the application if the commission finds that

the application does not adequately address the issue of the safety of those persons

who will utilize the private grade crossings located within the quiet zone if the

commission approves its creation.