Annexations – Expedited Type 3
Instructions for filing an Expedited Type 3 Petition for Annexation with the Medina County Board of Commissioners
- Items to be filed:
- The original signed petition and mylar plat plus 3 paper copies as well as a fourth 8 1/2 x 11 copy of the mylar must be filed with the Commissioners Office, and must
contain the following:- The petition must state the type of petition being filed, the number of owners in the territory, the name & address of a person to act as Agent, and include a legal description of the territory to be annexed.
- The petition and plat must be signed by all of the property owners in the area proposed to be annexed. Signatures are to be notarized and show the date of signing. No signature shall be obtained more than 180 days prior to filing.
- The mylar must have appropriate signature blocks for the Commissioners, city/village, Auditor, Tax Maps, and Recorder.
- The mylar needs to state in the “title” the total acreage to be annexed.
- A list of parcels in the area to be annexed and the adjacent territory must be filed with the above referenced petition and mylar. The list must include the name of owner(s), mailing address(es) of owner(s), and permanent parcel number(s).
- The petition must be for the purpose of undertaking a significant economic development project that has been certified by the State Director of Development.
- Payment of deposit/fees.
- The original signed petition and mylar plat plus 3 paper copies as well as a fourth 8 1/2 x 11 copy of the mylar must be filed with the Commissioners Office, and must
- The Clerk will immediately forward the petition and plat to the Tax Maps Department for review of the legal description and plat. Inaccuracies are cause for rejection of the annexation petition.
- Within 5 days of filing, the Agent shall provide written notice to the Clerk of the municipal corporation, the Clerk of each Township involved, the Clerk of Commissioners of each County involved, and the adjacent property owners. The notice shall state the date and time the petition was filed and shall be accompanied with a copy of the petition and any other document that was filed. The notice to the governmental agencies shall be by certified mail, return receipt requested, or personally served with proof of service by affidavit by the person delivering the notice. Proof of service that the notices to the governmental entities were sent shall be filed with the Commissioners’ Office.
- Within 20 days after notification from the agent, the municipality must adopt ordinance relative to municipal services and an approximate date to provide those services upon annexation. If a hearing is held by the County Commissioners, this statement must be filed with the Board at least 20 days before the hearing.
- The municipality and township(s) involved have 30 days to file their ordinance/resolution consenting or objecting to the annexation. If these are not received within 30 days, it is deemed the entities consent to the annexation.
- Upon receipt by the Board of ordinance/resolution(s) consenting or if no ordinance/resolution is received within 30 days, the Commissioners will review and approve the petition for annexation at their next regular session.
- Upon receipt by the Clerk of the Board of ordinance/resolution(s) objecting by either the municipality or township, the Clerk will set a hearing for the next possible regular session {allow for the 5 day notice by agent below:)
- Within 5 days of notice of the hearing, the Agent shall send notice to the Clerk of the municipal corporation, the Clerk of each Township involved,
the Clerk of Commissioners of each County involved, and the property owners of the date, time and place of hearing. Notices shall be sent in the same manner as in Instruction #3.
- Within 5 days of notice of the hearing, the Agent shall send notice to the Clerk of the municipal corporation, the Clerk of each Township involved,
- Within 30 days of the hearing, the Commissioners shall render their decision. Once the decision is made, a copy of the resolution will be sent to the Agent and the complete transcript will be forwarded to the City/Village involved.
ORC 709.04: After 60 days from the date of receipt of the annexation transcript from the Commissioners’ Office the municipality must pass their ordinance/resolution accepting or rejecting the annexation. If this is not passed within 120 days it will be considered rejected.