Chapter 1525-1 General Provisions
(A) The board of county commissioners shall keep a record of all parcels of land in the county on which the collection of the assessment has been deferred pursuant to division (B) of section 6103.052 or division (B) of section 6117.062. The board shall annually review the use of the property to determine if the use of the land has changed from the use at the time of the deferment.
(B) The board of county commissioners shall report the status of the use of all parcels of land on which assessments are deferred pursuant to division (B) of section 6103.052 of the Revised Code or division (B) of section 6117.062 of the Revised Code annually to the Ohio Water and Sewer Rotary Commission prior to the anniversary date of the deferred assessment.
(C) The use of the property on which the assessment has been deferred pursuant to division (B) of section 6103.052 or division (B) of section 6117.062 shall be considered to have changed at the time the county auditor has re-evaluated the parcel for assessment purposes and has classified it other than agricultural land. The board of county commissioners shall determine the date on which the reclassification of a parcel or a portion thereof whose assessment has been deferred becomes effective.
(D) After determining the date on which the use of a parcel has been changed the board of county commissioners shall proceed to collect the full amount of the assessment for the portion of the property for which the use has so changed pursuant to division (C) of section 6103.052 of the Revised Code or division (C) of section 6117.062 of the Revised Code.
(former WS-1-02); Eff
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 1525.12
In determining the disposition of requests for deferment of collection of assessment pursuant to division (B) of section 6103.052 of the Revised Code and division (B) of section 6117.062 of the Revised Code a board of county commissioners shall:
(B) Determine that all information as specified under division (B) of section 6103.052 or division (B) of section 6117.062 of the Revised Code has been included with the property owners request as follows:
(1) Identification of the property in connection with which the request is made.
(2) Description of the present use of the property.
(3) Present classification of the property on the general tax list of the county auditor.
(4) Estimated market value, showing separately the value of the land and the value of the buildings thereon.
(5) Reasons, if any, why a portion of the benefit of the improvement will not be realized until the use of the land is changed.
(6) Amount to be deferred.
(Suggested application form for use of property owners is attached as enclosure 1.)
(C)Determine that the water or sewer lines for which the property has been assessed serves the establishment of a new or the expansion of existing industry or commercial activity.
(D) Give consideration to the following:
(1) The value and extent of economic development to be assisted by the improvement (this information is requested under Section III of the application).
(2) The relative difficulty of financing the improvement entirely by means other than advance moneys. The Board shall attach a letter of explanation to the application form (Section V, application).
(3) The portion of the total cost of the improvement to be financed by advance moneys (division B, section V of application).
(4) The time in which the advanced moneys could be expected to be repaid and made available for use in other improvements (paragraph 1, division C, section V of application).
(E) Within 30 days of the receipt of a request from a property owner the board of county commissioners shall:
(1) Notify the property owner in writing that the request for deferment has been denied, stating the reasons for such action; or
(2) Notify the property owner in writing that the deferment of the collection of that portion of the assessment representing a benefit from the improvement that will not be realized until the use of the land is changed has been ordered, stating the amount of such deferment and the maximum length of time within which the deferment must be repaid; or
(3) Notify the property owner in writing that the deferment ordered in paragraph 2 above is conditioned upon the approval of the advance of moneys applied for pursuant to division (A) of section 6103.052 or division (B) of section 6117.062 of the Revised Code. The board may fix the maximum length of the deferment to coincide within the maximum time within which the advance must be repaid.
(F) Make application to the Water and Sewer Rotary Commission in the form and manner prescribed by the Commission in its regulations promulgated under paragraph (1), division (D), section 1525.12 of the Revised Code. If a board of county commissioners is requesting advance moneys from the Water and Sewer Rotary Commission for more than one project the projects shall be assigned priority by the board of county commissioners; or
A board of county commissioners may on its own motion in behalf of the owners of property which meet the requirements for a deferred assessment under division (B) of section 6103.052 or division (B) of section 6117.062 of the Revised Code, make application to the Ohio Water and Sewer Rotary Commission.
(former WS-1-03); Eff
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 1525.12
(A) Prior to the adoption, amendment, or rescission of any rule, this commission shall give public notice thereof, as provided in section 119.03 of the Revised Code, at least thirty days prior to the date set for public hearing. Notice shall be given by advertising one time only in a newspaper of general circulation in the state of Ohio. This notice shall include:
(1) A statement of the commission's intention to consider adoption, amendment or rescission of a rule;
(2) A synopsis of the proposed rule, amendment or rescission, or a general statement of the subject matter to which the proposed rule, amendment or rescission relates;
(3) A statement of the reason or purpose for adopting, amending or rescinding the rule;
(4) The date, time and place of the hearing on the proposed action.
(B) The commission shall provide copies of the notice of public hearing or the complete text to the proposed rule, amendment or rescission to any person who requests it at a fee not to exceed the cost of copying and mailing.
(A) The application shall be on a form approved by the water and sewer rotary commission, copies of which may be obtained from the office of the water and sewer rotary commission. The application shall require the applicant to submit the following information, along with certification that all information is correct:
(1) Evidence that the applicant intends to proceed with the construction of a water or sewer improvement in accordance with a plan approved by the legislative authority or governing board of the political entity;
(2) Evidence that the applicant intends to finance all or part of the cost of the improvement using special assessments;
(3) Information, prepared by a county auditor, which describes properties exempted from payment of special assessments pursuant to division (A) of section 929.03 of the Revised Code; and
(4) Such other information as the commission shall require.
(B) All applications must be filed in the office of the water and sewer rotary commission. The application form, with all additional requested information attached shall be filed in duplicate.
(C) While applicants may submit an application at any time, applications received more than thirty days prior to a scheduled meeting of the commission will be considered at that meeting.
The water and sewer rotary commission and any public entity receiving an advance of monies from the water and sewer rotary fund to meet that portion of the costs of a water or sewer improvement authorized by law that is to be financed by assessments whose collection is exempt pursuant to division (A) of section 929.03 of the Revised Code shall use the criteria found in division (C) of section 929.03 of the Revised Code to determine the occurrence of a change in the use of property. If at any time any of the owner's exempt land, other than a lot sold or transferred to a son, daughter, brother, sister, mother, or father for the purpose of constructing a dwelling in which the relative will reside for at least three years, is withdrawn from an agricultural district or if the owner of the exempt land uses on that land the service for which the special assessment was assessed, the public entity may collect the entire uncollected assessment, except as otherwise provided in this division, in addition to an amount equal to the rate of interest that any bonds or notes issued for the project for which the assessment was made did bear for the number of years the land was exempted, not to exceed twenty-five or the number of years for which the bonds or notes were issued, whichever is the lesser number. If the owner of exempt land sells or transfers a lot to his son, daughter, brother, sister, mother, or father for the purpose of constructing a dwelling in which the relative will reside for at least three years, and if he or the buyer of the lot uses the service for which the special assessment was assessed only to provide service to that lot, the owner of the lot shall pay only that portion of the uncollected assessment and interest that applies to the lot. If at any time any part of an owner's exempt land is appropriated, the owner shall pay only that portion of the uncollected assessment and interest that applies to the appropriated parcel of land.
(A) The commission shall evaluate all requests for advances from the water and sewer rotary fund through the application of the following criteria:
(1) Evidence that the proposed water or sewer project will result in the creation or retention of permanent jobs;
(2) Evidence that the project will directly or indirectly generate tax revenues benefiting local government;
(3) Evidence that the project is in conformity to locally adopted water and sewer plans, and land use plans, and that it reflects the applicant's efforts to preserve prime agricultural lands;
(4) Evidence that the construction of the project will help to eliminate or alleviate serious pollution problems;
(5) Evidence that indicates the time in which the advanced monies could be expected to be repaid;
(6) Evidence that the approval of the requested advance will permit the applicant to secure or retain other financial assistance commitments;
(7) Evidence that the proposed project has the support of the community;
(8) Evidence that the loan amount is reasonable in relationship to the agricultural lands being preserved;
(9) The total amount of funds already received by the applicant, with the applicant having received more funds given lower priority.
(B) In prioritizing projects, the commission shall consider these nine criteria as being listed in order of importance.