Limited home rule
Permits:
-Issuing civil fines;
-Establishing greater bonding and borrowing authority;
-Enacting building codes when not provided by the county.
Prohibits:
-Enacting taxes;
-Creating criminal offenses;
-Establishing subdivision regulations.
SOURCE: Ohio Revised Code
Miami Twp. may adopt limited home rule, a form of government officials say better fits the developing community facing “the pressures of an urban environment.”
The change has been recommended by township Administrator Greg Rogers and one trustee said officials will “absolutely” consider the move next month, noting it will give them greater flexibility and offer the opportunity for more efficient operations.
Limited home rule allows Ohio townships to “exercise all powers of local self-government” other than those in conflict with the general laws, according to the Ohio Revised Code, which townships operate under.
Miami Twp. trustees will consider the change at their first meeting in January, board Vice President Robert Matthews said.
“Traditional township government is more conducive to an agrarian community that does not have many of the daily pressures that Miami Township faces,” according to Rogers’ recommendation. “Miami Township functions much more like a municipality, which requires the ability to adopt regulations that fit the needs and pressures of our community.”
Miami Twp. has about 29,000 residents, is home to Austin Landing and the Dayton Mall, and has seen about $130 million in residential and commercial development since 2010, when the Interstate 75 interchange at Austin Boulevard opened.
Its population and commercial base of about 500 businesses “places the pressures of an urban environment on our infrastructure,” Rogers stated.
Limited home rule, according to the ORC, allows townships to: exercise authority in areas where the statute is silent; issue civil fines; have greater bonding and borrowing authority; and enact building codes when not provided by the county. Examples of items it prohibits are enacting taxes, creating criminal offenses and establishing subdivision regulations.
“Every home rule township I’ve talked with cannot find a disadvantage,” Rogers said. “I’ve not talked to one township who can find a negative.”
Among the townships in southwest Ohio that have adopted limited home rule are Clearcreek Twp. in Warren County, Washington Twp. in Montgomery County and Liberty Twp. in Butler County.
Townships that make the change lose services that counties provide, such as engineering, planning and the prosecutor’s office advice on legal issues, said Nancy Brown, a trustee with Bethel Twp. in Clark County.
Miami Twp. would be required to hire a law director, but Rogers said he would recommend hiring a firm to consult with rather than create a position.
The move to adopt limited home rule, he said, is something residents support.
“A lot of (interactions) with citizens actually drove this,” he said. “They want a better quality of life regarding noise ordinances, leash laws – things like that.”
Trustees said limited home rule also offers the township the opportunity to institute better guidelines and operate more efficiently.
“It will allow us to do a few things from a legal point of view that will allow us to put in rules and regulations to keep things in better order,” Matthews said. “It will give us more flexibility in the residential and the business properties.”
“I think it’s a good idea,” said Trustee Doug Barry. “It’s worked extremely well for some other townships around the area. There’s a lot of things that we deal with at the trustees meeting that the limited home rule would be able to make our time more efficient as trustees.
“We’d be able to take care of things at the staff level that trustees don’t necessarily need to be involved with on a day-to-day basis,” Barry added.
Trustees, after a public hearing, can unanimously pass a resolution to adopt limited home rule, according to the ORC. The change would take effect 30 days later, unless within that time a petition with the qualified number of valid signatures requests the issue to be approved by township voters, the law states.
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