Ohio § 505.266

§ 505.266.

(A) As used in this section: (1) “Concentrated animal feeding facility” and “major concentrated animal feeding facility”

have the same meanings as in section 903.01 of the Revised Code . (2) “ Facility ” means a proposed new or expanded major concentrated animal feeding facility. (3) “ Improvement ” means the construction, modification, or both of township infrastructure. (B) A person who proposes to do any of the following shall provide written notification

as required under division (C) of this section to the board of township trustees of

the township in which a facility is or is to be located: (1) Establish a new major concentrated animal feeding facility; (2) Increase the design capacity of an existing major concentrated animal feeding facility

by ten per cent or more in excess of the design capacity set forth in the current

permit for construction or modification of the facility or for installation or modification

of the disposal system for manure at the facility issued under section 903.02 or division (J) of section 6111.03 of the Revised Code , as applicable; (3) Increase the design capacity of an existing concentrated animal feeding facility

by ten per cent or more in excess of the design capacity set forth in the current

permit for construction or modification of the facility or for installation or modification

of the disposal system for manure at the facility issued under section 903.02 or division (J) of section 6111.03 of the Revised Code , as applicable, and to a design capacity of more than ten times the number of animals

specified in any of the categories in division (M) of section 903.01 of the Revised Code . (C) The person shall notify the board in writing by certified or ordinary mail of the

proposed construction or expansion of the facility and include the following information: (1) The anticipated travel routes of motor vehicles to and from the facility; (2) The anticipated number and weights of motor vehicles traveling to and from the facility. (D) At the request of the board, the county engineer may review the written notification

and advise the board on both of the following: (1) Improvements and maintenance of improvements that are reasonably needed in order

to accommodate the impact on township infrastructure that is anticipated as a result

of the facility, including increased travel or the types of vehicles on township roads; (2) The projected costs of the improvements and maintenance. Not later than ten days after receiving the written notification, the board may request

the person to provide additional reasonable and relevant information regarding the

impact of the facility on township infrastructure.  The person shall provide the information not later than ten days after the request

is made. (E)(1) Not later than thirty days after the initial written notification is received by

the board, the board shall submit to the person its recommendations, if any, concerning

the improvements that will be needed as a result of the facility and the cost of those

improvements. (2) Not later than fifteen days after receipt of the board's recommendations, the person

shall notify the board either that the person agrees with the recommendations and

will implement them or that the person is submitting reasonable alternative recommendations

or modifications to the board.  If the person agrees with the recommendations, they shall be considered to be the

board's final recommendations. (3) If the board receives alternative recommendations or modifications under division

(E)(2) of this section, the board shall select final recommendations and submit them

to the person not later than thirty days after the receipt of the alternative recommendations

or modifications. (F)(1) The board shall prepare a written, dated statement certifying that the written notification

required under this section was submitted and that final recommendations were selected

regarding needed improvements and the costs of those improvements.  The board shall provide the person with the original of the statement so that the

person can include it with the application for a permit to install for the facility

as required under division (C)(5) of section 903.02 of the Revised Code .  The board shall retain a copy of the statement for its records. (2) If the board fails to prepare a written, dated statement in accordance with division

(F)(1) of this section within seventy-five days of receiving the initial written notification

by certified mail from the person, the person instead shall file with the application

for a permit to install for the facility a notarized affidavit declaring that the

person has met the criteria established in this section and that a written, dated

statement was not received by the person from the board. (G) If the person receives a written, dated statement from the board as provided in division

(F)(1) of this section, the person shall construct, modify, and maintain or finance

the construction, modification, and maintenance of improvements as provided in the

board's final recommendations and with the approval and oversight of the county engineer.  If the person fails to do so, the board shall notify the person either by certified

mail or, if the board has record of an internet identifier of record associated with

the person, by ordinary mail and by that internet identifier of record that the board

intends to initiate mediation with the person if the person remains out of compliance

with the final recommendations. The board shall allow sufficient time for the person to apply for and proceed to obtain,

for the purpose of financing the construction, modification, or maintenance of the

improvements, exemptions from taxation under sections 5709.41 , 5709.63 , 5709.632 , 5709.73 , and 5709.78 of the Revised Code or state or federal grants that may be available. If the person remains out of compliance with the final recommendations, the board

may initiate mediation with the person in order to resolve the differences between

them.  If mediation fails to resolve the differences, the board and the person first shall

attempt to resolve the differences through any legal remedies before seeking redress

through a court of common pleas. (H) If the person subsequently submits an application under section 903.02 of the Revised Code for a permit to modify the facility, or if the routes of travel to or from the facility

change for any reason other than road construction conducted by the township, the

board or the person may request that additional information be provided in writing

and shall proceed as provided in this section for the notification and recommendation

proceedings. (I) As used in this section, “internet identifier of record” has the same meaning as

in section 9.312 of the Revised Code .