RESOLUTION IMPLEMENTING SECTIONS 3735.65 THROUGH 3735.70 OF THE OHIO REVISED CODE, ESTABLISHING AND DESCRIBING THE BOUNDARIES OF COMMUNITY REINVESTMENT AREA 1 IN WILLIAMSBURG TOWNSHIP, CLERMONT COUNTY, OHIO, DESIGNATING A HOUSING OFFICER TO ADMINISTER THE PROGRAM, AND CREATING A COMMUNITY REINVESTMENT HOUSING COUNCIL AND A TAX INCENTIVE REVIEW COUNCIL.
WHEREAS, the Board of Commissioners (the “Commissioners”) of Clermont County, Ohio (the “County”) desires to pursue all reasonable and legitimate incentive measures to assist and encourage development in specific areas of Williamsburg Township, Clermont County, Ohio that have not enjoyed reinvestment from remodeling or new construction;
WHEREAS, a survey of housing, a copy of which is on file in the office of the Department of Community and Economic Development as required by Ohio Revised Code (ORC) Section 3735.66 (the “Housing Survey”) has been prepared for the area to be included in the proposed Community Reinvestment Area;
WHEREAS, the Housing Survey shows the facts and conditions relating to existing housing and commercial facilities and undeveloped area, including, among other things, evidence of the discouragement of new housing construction and repair of existing facilities or structures within the proposed Community Reinvestment Area;
WHEREAS, the construction of new structures or renovation of existing structures in such Community Reinvestment Area would serve to encourage economic stability, maintain real property values, and generate new employment opportunities within Clermont County, Ohio; and
WHEREAS, the construction of new structures or renovation of existing structures in this Community Reinvestment Area constitutes a public purpose for which real property exemptions may be granted.
NOW THEREFORE, BE IT RESOLVED BY CLERMONT COUNTY, OHIO, THAT:
Section 1: The area designated as the Williamsburg Township Area 1 Community Reinvestment Area (the “Community Reinvestment Area”) constitutes an area in which housing facilities are located, and in which new construction and repair of existing facilities are discouraged.
Section 2: Pursuant to ORC Section 3735.66, the Community Reinvestment Area, is hereby established in the area comprised of real property to which the following Tax Parcel Identification Numbers are currently assigned by the Clermont County Auditor at the time of passage of this Resolution:
Parcel Identification Numbers:
523508F079
523508B008
523508H096
523508F101
523508F014
523508F012
523508F007
523508F006
523508F105
523508F084
523508F078
523508F097
The Community Reinvestment Area is approximately depicted as the highlighted area on the map attached to this Resolution (see Exhibit A) and by this reference incorporated herein.
Only commercial and/or industrial properties consistent with the applicable zoning regulations within the designated Community Reinvestment Area will be eligible for exemptions under this Program. For purposes of this Resolution and Sections 3735.65 through 3735.70 inclusive of the Ohio Revised Code, mixed use developments are hereby deemed to be “commercial” developments. The term “mixed use development” shall mean a development incorporating both commercial and multi-family residential uses.
Section 3: All properties identified in Exhibit A as being within the designated Community Reinvestment Area are eligible for this incentive. This proposal is a public/private partnership intended to promote and expand conforming uses in the designated area.
Section 4: Within the Community Reinvestment Area, pursuant to Section 3735.67, for each commercial or industrial structure that is constructed and for which a certificate of occupancy is issued, the percentage of the tax exemption on the increase in the assessed valuation resulting from such improvements and the term of those exemptions shall be negotiated on a case-by-case basis in advance of the construction or remodeling occurring according to the rules outlined in Section 3735.67 of the Ohio Revised Code. The particulars of the exemption will be set forth in writing in a Community Reinvestment Area Agreement as outlined in, and required under, Section 3735.671 of the Ohio Revised Code (a “CRA Agreement”), which CRA Agreement shall be approved and executed by the property owner and the County prior to commencement of construction or repair. No Community Reinvestment Area real property tax exemptions shall be available for residential projects.
Section 5: The construction of commercial and industrial new structures and the remodeling of existing commercial and industrial structures are hereby determined to be a public purpose for which exemptions from real property taxation may be granted for the following percentages and periods:
For the purposes of the above-described Community Reinvestment Area, including without limitation for purposes of Section 4 of this resolution, structures or portions thereof exclusively used for residential purposes, regardless of the number of units comprising the structure or portion thereof, shall be classified as residential structures.
If remodeling qualifies for an exemption, during the period of exemption, the exempted percentage of the dollar amount of the increase in the market value of the structure shall be exempt from real property taxation. If new construction qualifies for an exemption, during the period of the exemption the exempted percentage of the structure shall not be considered to be an improvement on the land on which it is located for the purpose of real property taxation.
Any limitation on the percentage or term of an exemption applicable under this Resolution may be increased or extended by this Board to the extent permitted under Section 3735.66 of the Ohio Revised Code in connection with any megaproject or proposed megaproject within the Community Reinvestment Area. The Board’s increase of the percentage or extension of the term of an exemption under this Resolution in connection with a megaproject shall be effected through the terms of the applicable CRA Agreement.
Section 6: To administer and implement the provisions of this Resolution, the Director of the Clermont County Department of Community and Economic Development is designated as the Housing Officer as described in Sections 3735.65 through 3735.70.
Section 7: That a “Community Reinvestment Area Housing Council” shall be created, but only if creation of a new Community Reinvestment Area Housing Council is necessary to satisfy the applicable requirements of the Ohio Revised Code, consisting of one member appointed by each member of the Board of County Commissioners and two members appointed by the Planning Commission of Clermont County. The majority of the members shall then appoint two additional members who shall be residents within Clermont County. Terms of the members of the Council shall be for three years. An unexpired term resulting from a vacancy in the Council shall be filled in the same manner as the initial appointment was made.
A Tax Incentive Review Council shall be established pursuant to ORC Section 5709.85 and shall consist of three representatives appointed by the Board of County Commissioners, two representatives of Williamsburg Township, appointed by the Township Board of Trustees, the county auditor or the county auditor’s designee, and a representative of each affected Board of Education. At least two members must be residents of Williamsburg Township, Clermont County, Ohio. The Tax Incentive Review Council shall review annually the compliance of all agreements involving the granting of exemptions for real property improvements under Section 3735.671, of the ORC and make written recommendations to the Commissioners as to continuing, modifying or terminating said agreement based upon the performance of the agreement.
Section 8: The Commissioners reserve the right to re-evaluate the designation of the Williamsburg Township Area 1 Community Reinvestment Area after December 31, 2026, on an annual basis, at which time the Commissioners may direct the Housing Officer not to accept any new applications for exemptions as described in Section 3735.67 of the ORC.
Section 9: The Housing Officer shall make an annual inspection of the properties within the district for which an exemption has been granted under Section 3735.67 of the ORC. The Community Reinvestment Area Housing Council shall also hear appeals under 3735.70, of the ORC.
Section 10: A copy of this Resolution and a map of the community reinvestment area shall be forwarded to the Ohio Director of Development, and a copy of this Resolution shall be published in a newspaper of general circulation in the County once a week for two consecutive weeks. No exemptions from taxation with the Community Reinvestment Area shall be granted until the Ohio Director of Development has assigned the Community Reinvestment Area a unique designation.
Section 11: The Commissioners hereby finds and determines that all formal actions relative to the passage of this Resolution were taken in an open meeting of this Board, that all deliberations of the Commissioners and of its committees, if any, which resulted in formal action were taken in meetings open to the public, in full compliance with the applicable legal requirements, including Section 121.22 of the ORC.
Bonnie J. Batchler, President
David L. Painter, Vice President
Claire B. Corcoran, Member
Board of County Commissioners
Clermont County, Ohio
ATTEST: Gael Fawley, Clerk