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Township home rule could grab more power
(by Joan Demirjian - September 09, 2010)
Township home rule could grab more power
By JOAN DEMIRJIAN
During a performance audit of Bainbridge operations, Township Trustees have asked for a review of limited home rule for the township.
Home rule gives additional authority and obligations to a township, Trustee Lorrie Benza said. "That's why we would like an analysis in the performance audit," she said. "Is it something we want to consider?"
An Ohio House bill enacted in 1991 gave townships the option of adopting limited home rule. Changes have been made in the law since then.
Most of the townships that have adopted limited-home-rule government are the larger ones in the state, according to the Ohio Township Association.
Limited home rule permits legislation that is not specifically prohibited by the Ohio Revised Code. It enables townships to enact legislation in a broad range of areas that they cannot do as statutory townships, Mrs. Benza said.
While Bainbridge representatives might look at home rule, she said incorporation as a city is not an option, at least not at this time. "I don't think we're interested in incorporation," she said of the township becoming a municipality. In an extensive study a few years ago, most people were not interested in incorporation, Mrs. Benza said.
Having a smaller government, such as a township structure, appeals to people, along with not having an income tax, she said.
However, with limited home rule, townships have more authority to do such things as charge developers impact fees. In contrast to incorporation, the community remains a township.
"That's why we are interested in an analysis with the performance audit," Mrs. Benza said.
Trustee Jeff Markley said home rule could give more control but would cost more. "There are ancillary costs," he said. The township would have to hire its own legal counsel, he said.
"It's an option available to the township, but we should look at the costs," he said. They also would have to assess the impact on the township departments, he said.
The procedure any township uses to adopt home rule depends on its population. Voters make the decision whether a township adopts limited home rule.
Ohio Township Association has worked to broaden the authority of home-rule townships. However, they cannot impose income taxes. Advantages include giving townships authority in areas not previously permitted.
Information from OTA notes that townships with limited home rule can establish and limit speeds on township roads, pass nuisance resolutions, prohibit junk vehicles and have broader powers to enforce zoning and regulate noise, nuisances and regulate weeds, brush and litter.
The township can adopt animal-control regulations, provide for water and sewer service, and adopt regulations related to erosion and sediment control.
Limited home rule allows a township to hire an independent engineer to work on roadway projects.
One of the drawbacks is that a township must hire a law director on a full- or part-time basis, Mr. Markley said.
Currently, townships make use of the county prosecutor's services, at no charge.
In Trumbull County, Howland and Liberty townships have limited home rule. There are none in Cuyahoga or Geauga counties with limited home rule.
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