Pickerington Area Taxpayers Alliance

drft Community Authority Hart-13

ARTICLE VI
PROCEDURE FOR W AIVEa, REDUCTION OR TERMINATION
OF THE COMMUNITY DEVELOPMENT CHARGE
6.01. Fiscal Meetint!. Annually, the Board shall hold a Fiscal Meeting to detennine
whether any of the Community Development Charge should be waived, reduced or tenninated.
Any Fiscal Meeting shall be held on such date as the Board shall detennine. Each Fiscal Meeting
shall be open to the public, and the Board shall take no action to waive, reduce or tenninate the
. . Community Development Charge except at a Fiscal Meeting.
6.02. Notice of Fiscal Meetint!. Notice of the Fiscal Meeting shall be given by the
Board in compliance with Section 121.22 of the Ohio Revised Code and shall also be provided to
the Superintendent of the School District at least five (5) days prior to such meeting. Such notice
shall specify the place, date and hour of the Fiscal Meeting and state that it is the Fiscal Meeting
required by this Article VI.
.'
6.03. Waiver. Reduction or Termination. At any Fiscal Meeting, the Board may
waive, reduce or tenninate all or a portion of the Community Development Charge for one or more
years or to a stated date. The reduction or waiver of a portion of the Community Development
Charge authorized by this Section 6.03 may include but is not limited to an additional reduction or
waiver, separate and distinct from any other reduction or waiver, for the early payment of the
Community Development Charge by an Owner.
The Board shall have no right to increase the Community Development Charge millage
rate established under Section 5.02 or extend the time period for the imposition of the Community
Development Charge under Section 5.01.
Except as 0 therwise provided in this Declaration: (a) e very action taken by the Board
pursuant to this Article shall be governed by, and taken with reference to, the fiscal requirements
of the Community Authority for the year for which the Community Development Charge is to be
collected as reflected in the budget for that year adopted by the Board, which budget may provide
for reasonable reserves and the development of funds for future uses and contingencies; and
(b) any action by the Board relating to the waiver, reduction or tennination of any of the
Community Development Charge shall be taken only after (i) the Board has detennined that the
Community Development Charge to be waived, reduced or tenninated is not needed for any of the
purposes for which t he Community Development Charge has been established ass et forth in
Section 4.02, and (ii) the School District Board of Education has provided its written consent for
such waiver, reduction or termination. Notwithstanding any other provision of the Declaration if a
Chargeable Parcel is removed form the School District, the Community Development Charge shall
permanently terminate as to the Chargeable Parcel immediately on the date that such Chargeable
Parcel has been removed from the School District.
6.04. Discretion of the Board. Subject to the provisions of this Declaration and all
applicable provisions of valid agreements of the Community Authority, the decision to waive,
reduce or terminate the Community Development Charge as provided herein shall be solely within
the discretion of the Board.
- 10-



By Webmaster III

drft Community Authority Hart-14

ARTICLE VII
DURATION. AMENDMENT AND TERMINATION
7.01. Effective Date. The Restrictions shall be effective and shall be and be deemed
covenants running with the land when this Declaration is recorded (the ''Effective Date''). This
Declaration shall not be recorded until such time as: the School District Board of Education has . voted to endorse the Community Authority. Subsequent to the Effective Date, no Community
Development Charge shall be collected, and the Community Authority shall have no rights or
obligations hereunder until the Community Authority executes and there is recorded an instrument
by which the Community Authority joins in this Declaration for the purposes of accepting the
duties, responsibilities and benefits imposed and confeITed on it by the Restrictions.
7.02. Duration and Effect. The Restrictions (A) shall be and shall be construed as
covenants running with the land; (B) shall be binding upon each of the P.rivate Developers, the
City, the Community Authority and each Owner and Residents; and (C) shall inure to the benefit
of and be enforceable by (i) any of the Private Developers or the Community Authority (regardless ''Ii',,-- of whether or not any such beneficiary owns an interest in any Parcel), (ii) each Owner, (iii) all ''''''''
Residents, and (iv) the City. Unless amended, stayed or terminated as provided in this Article, the
Restrictions shall continue in full force and effect until 2043, and thereafter the Restrictions shall
be automatically renewed for successive ten year periods unless tenninated pursuant to Section
7.03.
7.03. Stay Application. Recot!nition of Previous Contract Rit!hts and/or
Termination of Restrictions. The Restrictions shall be terminated, if and effective as of the date
when there occurs a dissolution of the Community Authority pursuant to Chapter 349 of the Ohio :~':''''
I Revised Code. Further, except ash ereafter provided, not ermination due to dissolution 0 f the ..
Community Authority pursuant to Chapter 349 shall be effective unless approved in writing by the
School District Board of Education:and by a majority vote of Owners of all Parcels at the time of
execution of such termination document. Notwithstanding any other provision of this Declaration,
the Restrictions shall terminate and shall be null and void automatically as to any Chargeable
Parcel if and on the date that such Chargeable Parcel is removed from the School District. No
amendments to this Section 7.03 shall be permitted without the written consent of each of the
Owners at the time such amendment is proposed.
The parties hereto recognize that the City has entered into contracts with one or more of the
Private Developers or owners, which contracts include pre-annexation agreements entered into
I
prior to November 5,2002. In addition, the City has rezoned property owned by one or more of the
Private Developers or owners approving final development plans and subdivision plats prior to
November 5, 2002. Prior to November 5, 2002, there were no density limitations applicable to
such developments other than as were determined by the City Zoning Code as it existed prior to
November 5, 2002. After the City entered into the pre-annexation agreements, approved final
development plans and/or final subdivision plats, the citizens of the City of Pickerington by
I initiative passed a citywide limitation for the development of property limiting it to two residential
units per acre at the election of November 5,2002. The City recognizes, as do the parties to this I
- 11 ?–



By Webmaster III

drft Community Authority Hart-15

. . . .
agreement, that application of the two-unit-to-the-acre limitation would substantially impair the
express terms of the pre-annexation agreements previously entered into by the City and would
substantially affect and reduce the right of the Private Developers and owners to develop property
under approved plans and plats entered into before November 5, 2002. The parties hereto
recognize that previous commitments made before November 5, 2002 must be honored and
enforcement and the application of after-acquired restrictions is not reasonable under the
circumstances. The City, by adoption of the ordinance authorizing it to sign this Agreement,
makes the two-unit to the acre limitation only applicable to development plans, plats and contracts
. . after November 5, 2002. A major purpose for the 2-unit to the acre limitation was to limit the
adverse effects of development on school revenues. This purpose is fulfilled by the application of
this Agreement to the Chargeable Property by providing additional monies to the school system in
accordance with this Agreement. Should the Developers or each of them be prohibited from
developing in accordance with their contract, final development plan or final plat, or should
additional property be added to this District by owners who have pre-November 5,2002 existing
contracts, and those owners are subject to the 2 unit limitation then this Agreement shall be
deemed breached and tenninated as of the date such after acquired limita,tion is applied to pre I November 5, 2002 agreements, plans or plats. .



By Webmaster III

drft Community Authority Hart-16

The City covenants and agrees that without the prior written agreement of the Owner of
each Initial Property and/or Additional Property affected, there will not be enacted or adopted any
ordinance, law or regulation (i) of the City, whether by action of the Pickerington City Council (or
any city commission, agency or department) or passage of any voter initiative or referendum, that
imposes, anywhere in the District any moratorium or limit on residential development or
construction, including but not limited to the imposition of any growth impact fee, limitation on
the issuance of building permits, connection ban, density or utility capacity limitation creating
lower densities than were permitted in the District as of November 1, 2002; or (ii) any other
assessment, limitation, or charge for the benefit of the School District for road improvements or
other maintenance of County Recreation Facilities or parks. (each of the above a ''Restrictive
Ordinance''). The attempted imposition of any such Restrictive Ordinance shall be deemed for
purposes of this Agreement void ab initio as to each Initial Property and/or Additional Property but
shall not affect the validity or enforceability of any such Restrictive Ordinance to properties other
than the Initial Property and/or Additional Property within the City. ''Growth impact fees'' for
purposes of this Section shall not include annexation fees, recreational facilities fees, water system
capacity charges, building permits, development permits in flood hazard areas, sewer system
capacity charges, storm water utility charges or zoning permits, certificates and licenses pursuant
to Chapters 236,274,1048, 1058, 1067, 1442, 1270, 1272, 1286 or 1466, Codified Ordinances of
Pickerington as may be amended from time to time so long as such charge or fees are reasonable
and in keeping with charges and fees charged in other Central Ohio communities.
Notwithstanding any other provision of this Declaration, no termination, stay or amendment of the
Restrictions shall be effective to the extent it is inconsistent with the express obligations of the
Community Authority under the terms of any outstanding Community Authority bonds, notes or
loans authorized by the Community Authority under Chapter 349 of the Ohio Revised Code.
The City and signers hereof agree that the City will pass an ordinance applying a Five
Hundred Dollar ($500) per lot voluntary ''Agreed Impact Fee'' on house sales in the CDA
beginning on the 451 house, up to and including the 3,000th house, for the funding of a
-12-



By Webmaster III