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 WARREN AND DARLYNE ROLLER, 696 TEREX ROAD , HUDSON, OHIO.
Executive Summary: Warren and Darlyne Roller have submitted a renewal Application for Placement of Farmland in an Agricultural District regarding property located at 696 Terex Road in Hudson. Notice of a public hearing, scheduled on March 20, 2013, was published in the Hudson Hub-Times on March 13, 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
Per the Summit County Fiscal Officer's website, 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.
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. This application will be immediately acknowledged/approved by the Fiscal Office except for land in a municipal corporation. A copy of the application filed with the Fiscal Officer must be filed with the municipality the land lies within. The municipality then has 30 days to 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 Fiscal Office will automatically send a renewal application to the owner (every 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