Ohio House Bill 315 Summary
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At the conclusion of last year, the General Assembly passed the Township Omnibus Bill (also known as House Bill 315). Governor DeWine, with a few line-item vetoes, otherwise signed House Bil 315 into law at the beginning of January. It is largely set to go into effect April 3. Here are some key provisions that might be helpful to you in the coming year. Please be sure to consult with your legal counsel or feel free to contact a Political Subdivision attorney at Bricker Graydon.
Fees for Producing Law Enforcement Video Records
Beginning in April, state and local law enforcement agencies are permitted to charge the actual cost (capped at $75 per hour with a total cap of $750) to prepare law enforcement video records for inspection or production. The actual costs include costs incurred reviewing, blurring or obscuring, redacting, uploading, or producing the video records, the storage medium on which the record is produced, staff time, and any other relevant overhead necessary to comply with the request. Local governments can require a requester to pay the estimated cost before preparing a video for inspection or production.
Update to Recent Automated External Defibrillators (AEDs) Legislation
As we previously shared, House Bill 47 (effective October 24, 2024), requires the controlling authority of all sports and recreation locations maintained and operated by Ohio cities, larger townships, and counties under R.C. 755.12 to 755.18 to place an AED at each such location under its control.
HB 315 clarifies that an AED should be placed in each sports and recreation location at any time that the location is hosting an organized youth sport activity, rather than at all times. See R.C. 755.13(D)(1)(a). This requirement does not apply to a village if the population if less than five thousand and it does not apply to a township if the population of the unincorporated area of the township is less than five thousand.
Township Tax Increment Financing District
Townships may now amend a tax increment financing district resolution that was originally adopted before January 1, 2006, to extend the life of an incentive district created by that resolution. The extension can only be for a period not to exceed 15 years and shall not increase the percentage of the value of improvements exempted from taxation. See R.C. 5709.73.
Township Admissions Charge
HB 315 allows townships to impose a “protect and serve charge” on admissions to certain event venues within the township to fund police, fire, and emergency medical services. The charge may equal up to $1.00 per admission to event venues that have a capacity of at least 2,000 and are exempt from property taxation. However, the charge cannot apply to admissions to county fairgrounds, events sponsored by the state or a local government, or events where a ticket price is $10.00 or less. Before adopting a resolution imposing the charge, the township must hold two public hearings on the proposal, with notice of each meeting published in a local newspaper.
Newspaper Notices
Similar to municipalities under House Bill 33, townships may now meet its public notice requirements by posting on the township’s website, social media account, or the state’s public notice website by purchasing digital advertisements only or posting on the township’s website. Note however, that in order to publish a document on the official public notice website, a township must purchase an advertisement in the newspaper of general circulation, either print, digital, or both.
Zoning Violations
HB 315 establishes a civil enforcement process for township zoning violations. The bill modifies current law, which specifies that a person who violates a township zoning law must be fined up to $500 per offense, to provide that a civil fine must be collected by filing a civil action in the court of common pleas in the county where the property is located. HB 315 allows a complaint to combine the collection action with a cause of action for injunction, abatement, mandamus, or other appropriate relief. Each day the violation continues – beginning the day the judgment granting relief is issued – is a separate offense.
Fire Equipment, Roads, Town Halls
- Townships are no longer required to gain the county prosecutor’s approval of the specification in order to purchase and lease fire-related equipment.
- Townships are no longer required to obtain voter approval for a township town hall to be built, improved, enlarged, or removed at a cost above a certain amount (currently $75,000).
- Townships will now be able to use general funds in addition to road funds to pay for machinery, tools, material, and labor used in constructing, reconstructing, maintaining, or repairing roads and culverts.
Township Preservation Commission
The board of township trustees may adopt a resolution to establish a preservation commission to preserve historic properties in the unincorporated territory of the township and appoint seven members to the commission.
The commission has the following duties:
- Promote the importance of historic preservation throughout the unincorporated territory of the township.
- Maintain a register of historic properties located within the unincorporated township.
- Make recommendations to the board of township trustees regarding properties that may be designated as registered, historic properties.
- Consider applications and issue certificates for exterior alterations at registered properties.
The commission will not designate properties as registered properties, but will make recommendations to the board of township trustees. If a township has established a preservation commission, the exterior of a registered property may only be altered after obtaining a certificate from the commission allowing the alteration.
Indigent Burial Fund Reinstated
HB 315 reinstates the Indigent Burial Fund, a fund used to offset the cost of indigent burials or cremations. It appropriates $1 million for FY 2025 to the Indigent Burial and Cremation Support Program, which all local governments may apply for.
Brownfield Remediation Program
The Brownfield Remediation Program awards grants for the remediation of brownfield sites in Ohio. Effective July 1, 2025, for new projects that are applied for and awarded funding by the Director of the Department of Development (DEV) on and after the July 1 effective date, HB 315 changes the program including the elimination of the procedures for the designation of a county lead entity. Instead, the lead entity rules are as follows:
- No longer must a lead entity be a grant award recipient and the responsible party with whom the DEV executes a grant agreement for grant funds; and
- Going forward, a lead entity means a county, township, municipal corporation, port authority, conservancy district, park district or other similar park authority, county land bank, or organization for profit.
Changes to Regulation and Certification of Residential Facilities
HB 315 made significant changes to Residential Facilities serving children (this includes group homes, crisis care facilities, residential centers, residential parenting facilities that provide twenty-four-hour childcare, county children's homes, or district children's homes).
Residential Facility operators must now demonstrate in their application that the proposed facility meets all applicable local planning and zoning requirements. A Residential Facility operator must provide the following information to the board of township trustees or the legislative authority of the municipal corporation where the facility will be located: (1) notice that the facility will be in operation; (2) the facility location and contact information; and (3) the facility’s procedures for emergencies and disasters, medical emergency plan, and community engagement plan.
HB 315 Establishes a procedure for a county, township, or municipal corporation to revoke a conditional use permit for a Residential Facility if: (1) the facility operator fails to comply with permit requirements or (2) the facility operator has failed to fulfill the requirements of a corrective action plan that the Department of Children and Youth issued for a finding of noncompliance.
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