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THE BIA BUILDING INDUSTRY
ASSOCIATION of
c;' CENTRAL OHIO ,iiiated w;It1 the NIIboneI A88oci8tion oIl-kJm8 ~ ~ the c.,;o ~ Association
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August 1, 2003
The Honorable Mayor Lou Postage '
Pickerington City Hall
100 Lockville Road
Pickerington, Ohio 43147
Dear Mayor Postage:
Enclosed please find a draft copy of the Community Development Authority (CDA) as
called for by Pickerington City Council Ordinance 2003-47, as proposed by the Building
Industry Association of Central Ohio.
I The draft CDA includes the following:
y An initial per house charge of 8.75 mills for the first several years. The rate then
changes to 6 mills after the initial period. The higher rate in the first several
years is designed to front load funding to make the CDA more viable initially
based on the findings of the City's outside consultant. The CDA draft reverts to a
6 mills charge in subsequent years because many BIA members believe that
8.75 mills is too high for market acceptance over a longer period.
:,;. A $1,000 impact fee payable to the City for each building permit in excess of 300
building permits in each year. ~ Language stating that the City will enact an ordinance applying a $500 per lot
impact fee to each lot in the CDA after the first 450 houses have been sold to be
put toward a community center. Thus, this payment to the City will begin at
house number 451 sold within the CDA. The City understands that BIA members
have agreed to pay $500 per house for the first 450 sold houses within the CDA
to the Pickerington Local School District for extracurricular activities for the 2003-
04 school year. This agreement cannot operate with a housing moratorium in
Pickering ton as home sales are necessary to fund payments to the schools and
the City. ,. A ''Funding Protection Plan'' so that 225 payments are guaranteed to support the
CDA by the participating builders whether or not 225 homes are built each year.
).. An aggregate three thousand single-family residential units limit over 10 years as
called for in the ordinance passed by Council in May.
I 495 Executive Campus [)live. Westerville . CX1io . 43082 . Tel: (614) 891-0575. Fax: (614) 891-0535
, Overall, this CDA draft commits future homeowners and the building industry to
significant school funding as called for by the school district's analysis as growth , occurs in the City. It would provide approximately $1,275,000 to the City for a
community center and $225,000 for PLSD extracurricular activities for 2003-04 to go
along with individual builder pledges. It would ensure that housing growth occurs
within a manageable range of 225 to 300 houses per year through economic
incentive payments by the builders if either the 225 units floor or the 300 units
. ceilings are breached. Thus, as well as funding community needs through future
growth, it represents reasonable, and legal growth control.
By Webmaster III
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draft Community Authority- Hart2
It is important to note that the draft does not include approximately one-thousand
lots/units that had been previously committed by builders and developers. As you are
aware, several large tracts of land and parcels slated for development in the City
have seen their annexations to the City either challenged in court or withdrawn
based on density limits, or the violation of pre-annexation agreements. These
situations are not under the control of the BIA, however these parcels do not
represent approved housing lots in the City of Pickerington today. ''It is our
assumption that the CDA can still produce the estimated funding to finance future
school needs as long as developed properties can come into the CDA in the future.
Again, as we have stated before Council, we believe that a 10 mill charge is both
above what the new homes market will bear and represents unfairness to future
buyers. It is delusional to pretend that new residents can absorb costs of this
magnitude. New housing construction and the building industry should do their part
to help fund new schools and infrastructure, but they cannot solve all problems and
fulfill all wish lists. Insisting on the requirement of 10 mills represents a defacto
moratorium because the new housing market will not be viable and a CDA will not
work.
We disagreed strongly with Mr. Shaver's call for a 10 mill charge in May because it
was not reasonable. Since then, his continual calls for an immediate moratorium in
order to undermine the work being done on the CDA speak louder than any previous
commitments made by Mr. Shaver in private. Mr. Shaver and others on Council
appear to believe that forcing a court battle is an appropriate method to determine
City growth policy. This is not responsible leadership, and it is not a productive
strategy for the community.
We hereby respectfully request that Council act immediately to eliminate the 10 mills
mandate, and to stay any housing moratorium that will eliminate the above outlined
funding package. Such immediate Council action will allow all parties to come to the
table for the purpose of enacting workable solutions that will benefit the community.
Sincerely,
-Thomas L. Hart
By Webmaster III
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draft Community Authority- Hart3
DECLARATION
OF
COVENANTS AND RESTRICTIONS
FOR
THE CITY OF PICKERINGTON COMMUNITY AUTHORITY
FAIRFIELD COUNTY, OHIO
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; TABLE OF CONTENTS
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ARTICLE I PURPOSE AND INTENT 1
ARTICLE II DEFINITIONS 2
2.01. Additional Property 2
. 2.02. Assessed Valuation 2
2.03. Board 3
2.04. Chapter 349 3
2.05. Chargeable Parcel 3
2.06. Chargeable Property 3
2.07. Community Authority 4
2.08. Community Development Charge 4
2.09. Community Facilities ; 4
2.1 o. Declaration 4
2.11. Development Period 4 2 12 DI' stn.ct 5 . . , 2.13. Fiscal Meeting 5
2.14. Initial Property 5
2.15. Late Payment Rate 5
2.16. Owner 5
2.17. Parcel 5
2.18. Place of Business 5
2.19. Place of Residence 5
2.20. Private Developers 5
2.21. Property 6
2.22. Recorded 6
2.23. Resident 6
2.24. Restrictions 6
2.25. Secretary 6
2 26 Tenant 6 . . 2.27. Terms Defined in Chapter 349 6
ARTICLE III EXPANSION 6
ARTICLE IV COVENANT FOR COMMUNITY DEVELOPMENT CHARGE 7
4.01. Community Development Charge Covenant. 7
4.02. Purpose of Community Development Charge 7
4.03. Creation of Lien and Personal Obligation of Community Development Charge... 7
4.04. Enforcement of Lien and Collection of Charge 7
ARTICLE V COMMUNITY DEVELOPMENT CHARGE 8
5.01. Establishment of Community Development Charge: Effective Date 8
5.02. Amount of Community Development Charge 8
5.03. Payment , 8
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5.04. Penalty and Interest 9
I 5.05. Refund and Reduced Assessed Valuation 9
5.06. Personal Obligation 9
5.07. Community Development Charge Lien 9
5.08. Evidence of Payment 10
ARTICLE VI PROCEDURE FOR WAIVER, REDUCTION OR TERMINATION OF
THE COMMUNITY DEVELOPMENT CHARGE 10 . . 6.01. Fiscal Meeting 10
6.02. Notice of Fiscal Meeting 10
6.03. Waiver, Reduction or Termination , 10
6.04. Discretion of the Board II
ARTICLE VII DURATION, AMENDMENT AND TERMINATION II
7.01. Effective Date II
7.02. Duration and Effect '''''''..'''.''..'''''''''''.''''''.''''''' 11
7 .03. Stay or Termination of Restrictions '. ''''''.'.'...'.''''..'.''''''' 11
ARTICLE VIII COMMUNITY DISTRICT AUTHORITY 14
FUNDING PROTECTION PLAN
8.01. Annual Minimum Building Permits 14
8.02. Permit Deficiency Fee 14
8.03. Allocation of Permit Deficiency Fees Among Private Developers , , 15
8.04. Annual Maximum Building Permits 15
8.05. Ten (10) Year Aggregate Maximum Building Permits 16
ARTICLE IX AMENDMENTS AND .SUPPLEMENTS 16
9.01. Amendments or Supplements Not Requiring Consent of Owners 16
9.02. Amendments or Supplements Requiring Consent of Owners 16
9.03. Consent of Private Developer Required During Development Period 17
9.04. Consent of School District 17
9.05. Recording of Amendments 17
ARTICLE X MISCELLANEOUS 17
10.01. Priority 17
10.02. Reservation 17
10.03. No Reverter 18
10.04. Severability 18
1 0.05. Construction 18
10.06. Headings 18
10.07. Interpretation and References 18
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By Webmaster III
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draft Community Authority- Hart4
r DECLARATION OF THE [CITY OF PICKERINGTONICOMMUNITY AUTHORITY
I COVENANTS, RESTRICTIONS AND AGREEMENTS
This DECLARATION OF THE CITY OF PICKERINGTON COMMUNITY
AUTHORITY COVENANTS AND RESTRICTIONS is made on this - day of
, 2003, by the ''Private Developers'' and owners who have signed this Agreement.
The Private Developers are the owners or in control of the Initial Property (as herein . defined) and may from time to time subject the Additional Property (as herein defined) to this
Declaration. Private Developers make this Declaration for the purposes hereinafter set forth (the
Initial Property being all of the Property (as herein defined) until any such other real estate is so
added).
I The Private Developers hereby declare that the Property shall be improved, held, sold,
conveyed, encumbered, leased, occupied or otherwise transferred subject to the Restrictions which
shall constitute covenants running with the Property and shall be binding upon all parties now or
hereafter having any right, title or interest in the Property or any part thereof and all such persons,
including their respective heirs, personal and legal representatives and successors and assigns,
acquiring any right, title or interest therein, and as a part of the consideration therefore, agree that
their right, title and interest in the Property or any part therein shall be improved, held, sold,
conveyed, encumbered, leased, occupied or otherwise transferred subject to the Restrictions.
ARTICLE I
PURPOSE AND INTENT
The Private Developers intend that the Property shall become a New Community District
which shall be fonued in accordance with Chapter 349 of the Ohio Revised Code for the benefit of
the Pickerington Local School District (''School District''), the City of Pickerington (''City'') and
the Private Developers, a nd in consideration of the mutual covenants and conditions set forth
herein and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree that the School District, the City and the Private Developers shall
be bound by the tenus of this Declaration and Agreement and that the Private Developers will
initiate proceedings for the organization of a New Community Authority in accordance with
Chapter 349 of the Ohio Revised Code for the benefit of the School District, the City and the
Private Developers. The Private Developers, School District and City desire the creation of the
New Community District and the organization of the New Community Authority for the purpose
of encouraging the orderly development of a well-planned, diversified and economically sound
New Community in the City through the implementation of a New Community Development
Program. The Private Developers anticipate that the costs of carrying out the New Community
Development Program, including debt service on New Community bonds, notes or loans
authorized by the Community Authority under Chapter 349 of the Ohio Revised Code and any
other cost incurred by the Community Authority in the exercise of its powers under Chapter 349 of
the Ohio Revised Code, will be covered in whole or in part by the payment of the Community
Development Charge by each Owner of a Chargeable Parcel. It is expected that the Community
Development Charge will generate up to $35 million over the term of the Authority.
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By Webmaster III
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