PATA History Pages

City Ordinance Outlining Growth Management Plan

Copy of Ordinance passed at 5/6/03 City Council Meeting

AN ORDINANCE ENACTING A GROWTH MANAGEMENT PLAN
ON THE ISSUING OF HOUSING PERMITS FOR SINGLE FAMILY
RESIDENTIAL UNITS FOR A PERIOD OF ONE YEAR


WHEREAS, the rapid growth of residential units in the City of Pickerington threatens to place undue burdens on schools, water and sewer services, roads, police services and other City services; and,
WHEREAS, it has been proposed that the City of Pickerington and Violet Township participate in a "Growth Summit Meeting"; and,
WHEREAS, it will be necessary for the City of Pickerington to develop a joint agreement with Violet Township for the management of this growth, and that this will take a reasonable period of time; and,
WHEREAS, it is necessary to retain the services of various professionals in the fields of city planning and costs of community services in order to develop such a joint agreement, and that this will take a reasonable period of time;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF PICKERINGTON, FAIRFIELD-FRANKLIN COUNTIES,
OHIO, A MAJORITY OF ITS MEMBERS CONCURRING:
SECTION 1: That for a period no greater than one (1) year from the date of the effective date of this ordinance, no housing permits for single residential units shall be issued by the City of Pickerington, except as otherwise provided by this ordinance.
SECTION 2: That this ordinance shall not impair any contracts between a builder and a person who intends to construct a single residential unit for his or her personal use in effect at the time of the effective date of the ordinance.
SECTION 3: That housing permits may still be issued during this period for the construction of single residential housing units on plats that have received final approval of City Council at the effective date of this ordinance as follows:
a) Such permits shall be limited to one hundred (100) permits for the period of the growth management plan in Section 1 above;
b) The housing permits shall be allocated on the basis of a quarterly lottery system. The number of permits available for each quarter shall be twenty-five (25). The lottery shall be held on the tenth (10th) day of each quarter and shall include all applications for permits submitted for such quarter, as well as any unsuccessful applications from previous quarterly lotteries.
SECTION 4: This ordinance shall not apply to construction of a single-family residential unit that is not located within a subdivision development.








(Continued)


SECTION 5: In the event that the City of Pickerington and any group of Private Builders/Developers present a qualifying Petition proposing a Community Authority for approval by Pickerington City Council, the above restrictions will be stayed as to any Private Developer/Builder who is a party to the Petition, provided that the Petition contains, at a minimum, the following terms and conditions:
a) An agreement on the part of the Private Builders/Developers to provide a viable plan and economic capacity to fund the construction of new schools and the purchase of any land necessary as the result of the addition of single residential units to the community. This number will be determined by an independent financial expert/auditor/demographer. In no event, however, shall the economic capacity under such plan be less than the equivalent of ten (10) mills over a forty-year period.
b) The Plan must contain a provision for a Funding Protection Plan wherein the participating Private Developers/Builders agree to guarantee the annual income from the authority based upon the assumption that 225 single residential units will be needed to be constructed each year in order to adequately fund the Plan. Credits from years in which the number of single residential units has exceeded 225 single residential units may be carried over to the following years.
c) The Plan must contain a provision limiting the aggregate number of single residential units over a ten-year period to no more than 300 single residential units per year per every five-year period. At the end of five years, any excess or deficiency will limit or increase the annual number of single residential units for the next following five-year period. However, in no event shall the total number of single residential units exceed three thousand (3000) in a ten-year period.
d) The Plan must contain a provision that, regardless of the above paragraph, any request for a housing permit that is in excess of three hundred (300) single residential units per year limitation, will automatically result in the payment of an additional fee for expenses incurred as the result of acceleration of growth. This fee will be one thousand dollars ($1,000.00) per every single residential unit that is above the three hundred (300) single residential unit annual limit.
e) The Plan must contain provisions for funding of a facility for use by the general community. The facility may be a: 1) recreation center; 2) public swimming pool; or 3) athletic facility. The Private Builders/Developers may require that membership to such facility be free of charge to any homeowner within the Community Authority. The funding for the construction of any such community facility shall be guaranteed by the Private Builder/Developer and shall not utilize any of the funds collected by the millage.
SECTION 6: Upon the presentation of a qualifying Petition, the following will occur:
a) The Petition shall be placed on the City of Pickerington*s website and shall be the subject of at least two public hearings. No action on the Petition will take place for at least sixty (60) days, during which time there may be amendments to the Petition by the Private Builders/Developers, provided that such amendments do not diminish the minimum requirements of a qualifying Petition.
b) After sixty (60) days, the City of Pickerington shall vote to approve or reject the petition, including any amendments.
c) If the proposed Petition is approved, the parties will undertake to obtain all necessary approvals from: 1) the proximate city as defined by Ohio Revised Code *349; 2) the Fairfield County Commissioners; and 3) the Pickerington Local School District.
d) There will be a complete moratorium on the building of new single residential units by any Private Builder/Developer who is not a party to the Petition.
e) There will be a stay of any restrictions upon the issuance of any single residential unit housing permits as to the parties to the Petition, provided that the Petition states that any single residential units constructed subsequent to the time of the Petition being filed and the approval of the Petition by: 1) Pickerington City Council; 2) the "proximate city" as defined by ORC *349; 3) the Fairfield County Commissioners; and 4) the Pickerington Local School District Board, and the document, as approved under ORC *349, is filed and duly recorded, will be included within the Community Authority.
SECTION 7: In the event that a qualifying Petition is presented, but fails to be adopted by all the necessary governing bodies by January 1, 2004, then the one hundred (100) single residential units per year limitation will go into effect for the calendar year of 2004.
SECTION 8: In the event that the qualifying Petition is successfully adopted by all governing bodies and filed in accordance with Ohio Revised Code *349, no single residential unit housing permits shall be issued to any Private Builder/Developer who is not a party to the Community Authority for a period of five (5) years.
SECTION 9: This ordinance shall become effective at the earliest period authorized by law.






APPROVED BY: _____________________________
Louis V. Postage, Mayor


DATE OF APPROVAL:________________________


EFFECTIVE DATE:___________________________








ATTEST: ___________________________
Lynda D. Yartin, Municipal Clerk


SPONSOR: Shaver


APPROVED AS TO FORM AND LEGALITY OF PURPOSE:__________________________
Robert E. Mapes, Law Director

Not online SE Messenger 5-13-03 - open to enlarge

Links

Dispatch 5-7-03 Pickerington limits new homes
Times - Sun -- Council OKs amended moratorium
This Week -- Council agrees on revised building moratorium