Annexations – Regular Petition

Instructions for filing a Regular Petition for Annexation with the Medina County Board of Commissioners

Download PDF Instructions

  • 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 a majority (51%) 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).
    • Payment of deposit/fees.
  • The Clerk will set the date, time and place of hearing. The hearing shall be set between 60-90 days from the date of filing. The Clerk will notify the Board of Commissioners at their next regular session of the hearing.
  • Within 5 days after filing, the Clerk will forward the petition and plat to the Tax Maps Department for review of the legal description and plat. A report on the accuracy will be filed with the Commissioners Office at least 25 days before the hearing. Inaccuracies may be corrected prior to the hearing. Inaccuracies not corrected are cause for rejection of the annexation petition.
  • Upon receiving notification of the hearing, the Agent shall, within 5 days, provide written notice to the Clerk of the municipal corporation, the Clerk of each Township involved, and the Clerk of Commissioners of each County involved. The notice shall state the date and time the petition was filed as well as the date, time and place of the hearing, and shall be accompanied with a copy of the petition and any other document that was filed. The notice shall be by certified mail, return receipt requested, or personally served with proof of service by affidavit by the person delivering the notice.
    • Within 10 days after filing notices, proof of service that the notices were sent shall be filed with the Commissioners’ Office.
  • Within 10 days of receiving notification of the hearing, the Agent shall, by regular mail, send the Commissioners notice of hearing to all property owners within and adjacent to the territory proposed to be annexed along with a map of the territory proposed for annexation and a statement indicating where the full petition can be reviewed. A statement shall also be provided that any owner that signed the petition may remove their signature by filing a written notice of withdrawal with the Clerk of the Board of Commissioners within 21 days after the Agent’s notice was mailed. This statement shall include a certification of the date of mailing by the Agent.
    • Within 10 days after this mailing, a notarized affidavit that the notices were sent shall be filed with the Commissioners’ Office.
  • At least 7 days prior to the date fixed for the hearing, the Agent shall have a notice published at least once in a newspaper of general circulation.
    • Within 10 days after completion of the publication or at the hearing, the Agent shall file proof of publication with the Commissioners Office.
  • The municipality must pass an ordinance relative to services that will be provided with an approximate date said services will be provided upon annexation. This notice is to be filed with the Commissioners Office at least 20 days before the Commissioners Hearing.
  • The Commissioners have thirty (30) days from the hearing to render their decision on the petition for annexation. Once the decision is made, a copy of the resolution will be sent to the Agent, Township Clerk, and Municipality involved.
  • No further action shall be taken by the Commissioners’ Clerk until the 30 day appeal time has passed after which, depending on the circumstances, further action will be taken by the Clerk relative to notice and/or the creation of the complete record of proceedings.

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.

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