Title
A RESOLUTION APPROVING THE APPLICATION FOR PLACEMENT OF LAND IN A CURRENT AGRICULTURAL USE DISTRICT FOR PURPOSES OF O.R.C. 929.02 FOR CLYDE AND KAREN RARDIN, 2790 RAVENNA STREET, HUDSON, OHIO.
Executive Summary: Clyde and Karen Rardin have submitted a renewal Application for Placement of Farmland in an Agricultural District regarding property located at 2790 Ravenna Street in Hudson. Notice of a public hearing, scheduled on April 3, 2013, was published in the Hudson Hub-Times on March 27, 2013.
Body
Legislative History
Hudson City Council approved the subject property for an Agricultural Use District in 1998, and subsequently the property was approved for renewals in 2003 and 2008.
Purpose & Explanation
In 1982, the Ohio General Assembly passed into law the creation of Chapter 929 of the Ohio Revised Code. This law is a direct effort of the Ohio Farm Bureau Federation (OFBF) and others, that is designed to remove some of the influences that may cause farmland to be converted to non-agricultural uses. The goal of an agricultural district is to help landowners/farmers deal with governmental powers of eminent domain, nuisance lawsuits and water, sewer and electrical assessments that will help keep farmers farming. Legal protection is provided to the owner if a nuisance lawsuit is filed against his farming operation and limited protections are provided against a public entity with the powers of eminent domain. Additional information is available on the Summit County Fiscal Officer's website (https://fiscaloffice.summitoh.net/index.php/agricultural-districts).
At any point in time the owner of agricultural land may file an application with the Fiscal Officer to place his land in an agricultural district for five (5) years. For land within a municipal corporation, the application must be filed with the clerk of the legislative body of the municipality. The legislative body is required to conduct a public hearing on the application within 30 days after the application is filed with the clerk. Within 30 days of the hearing, the legislative body may approve, approve with modifications, or reject the application for inclusion in an agricultural district. The municipality is required to notify the Fiscal Office of its decision.
All farms larger than 10 acres qualify for an agricultural district if they have been devoted exclusively to "commercial" agricultural production for the past three (3) years.
An agricultural district is a five (5) year obligation. At the end of the five year period the owner may withdraw from the district with no penalty or renew the district for another five years.
The City's Code Enforcement Officer has reviewed the attached Application for Placement of Farmland in an Agricultural District; and upon visual inspection of the property, he has determined that agricultural uses are consistent with the application (see attached memo).
Timing Considerations
With Council's approval, this Resolution would take effect in thirty (30) days.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
X Appropriation Not Required.
Recommendation
Suggested Action
Staff recommends approval of this Resolution.
Submitted by,
Elizabeth Slagle, Clerk of Council
Scott N. Schroyer, Assistant City Manager
Anthony J. Bales, City Manager