Filing of Annexation Petition: A petition for annexation pursuant to Section 709.02 of the ORC shall be filed by the agent for the petitioners in the office of the clerk of the board. The original of the petition shall be provided to the Clerk who shall time stamp the document.
Forms of Annexation Petition: The petition when filed shall be in the form and comply with the provisions of ORC 709.02. The petition shall state the type of annexation being requested and the applicable section of the ORC. Failure to file a complete petition in any respect shall be fatal to the petition and be cause for its dismissal. See Annexation Types and Applicable Petitions.
All Subsequent Filings: Any notice, request, or document associated with or required to be filed with the Board which relates to an annexation shall be in the office of the Clerk who shall, upon receipt, time stamp the document.
Notice by Publication: For the purpose of the notice required to be published by the agent pursuant to ORC 709.03(B)(3), the following newspaper is determined to be the newspaper of general circulation in this county: Sentinel-Tribune.
Public Comment: Public comment regarding a petition for annexation will be accepted by the Board during the session of the Board when the petition appears on the agenda as an item of business. The Board president shall have the discretion to limit comment to that which is relevant and non-repetitive.
Review of Petitions Filed Pursuant to Section 709.021 of the Ohio Revised Code: A petition filed pursuant to ORC 709.221, seeking annexation under one of the special procedures provided for in ORC 709.022, 709.023, and 709.024, shall be reviewed to determine whether the contents of the petition meet the statutory requirements of Division (C), (D), and (E) of ORC 709.02 and any other particular statutory requirement specific to the section under which it was filed. Failure to meet a requirement shall be fatal to the petition, and the Board shall pass a resolution specifically identifying the deficiency and dismissing the petition. A petition dismissed by the Board may be re-filed at any time upon the correction of the deficiency.
Annexation Hearing: A hearing before the Board shall be held pursuant to ORC 709.024(E) or 709.03. The hearing shall be public. The hearing shall commence at the time and date established by the Board, but may be continued until its completion at the discretion of the Board.
Personal Testimony: Any person providing testimony to the Board shall first be sworn.
Affidavit Testimony: Affidavit testimony will be accepted by the Board, but only if the filing of the affidavit has complied with ORC 709.032(C).
Rights Conferred by Statute: Ohio law provides certain persons with various opportunities to request that certain actions be taken with regard to an annexation petition or hearing. These requests shall be made in writing and filed in the office of the clerk. The clerk may provide a form upon which these requests must be submitted. These requests include:
Withdrawal of signature, pursuant to ORC 709.03(C)
Amendment of the petition, pursuant to ORC 709.031(B)
Challenge of proof of authority to sign, pursuant to ORC 709.031(C)
Request for the issue of subpoena, pursuant to ORC 709.032(B)
Request for official court reporter, pursuant to ORC 709.032(B)
Request for hearing transcript, pursuant to ORC 709.032(B)
Order of Hearing: The hearing before the Board will be conducted as follows:
Opening Statements
Challenges to validity of petition signatures
Owner's request to void petition signature
Challenges to proof of authority of person to sign
Determination of the validity of the petition
Disposition of procedural matters
Presentation of the case by the parties
Agent for the petitioner's case
Municipality's case
Township's case (or townships cases, if more than one is involved)
Testimony from any other person wishing to support or contest the petition
Closing statements
Adjournment of Hearing
Continuance of the Hearing: The board may, within its discretion, continue a hearing. The necessity and timing of a continuance will be based upon consultation with the necessary parties in an attempt to be fair to all parties. A continuance will be granted in order to ensure that the hearing is completed in a timely manner and that all parties are given a reasonable opportunity to prepare for and present their case.
Post-hearing Briefs: Necessary parties to the hearing will be given the opportunity to file a post-hearing brief which will be incorporated into the record as a non-evidentiary exhibit. A post-hearing brief will be accepted within 14 days after the adjournment of the hearing. The brief should contain:
Proposed findings of fact on each of the conditions for annexation as requested in either ORC 709.024(F) or 709.033(A)
References to the hearing testimony or exhibits which support those findings
Recommendation as to the decision of the board
Decision of the Board: The Board shall render its decision within 30 days after the adjournment of the hearing.