October 5, 2026 was a busy date in Commercial Point's ordinance register. Village Council adopted Ordinance 2026-24, which created the Commercial Point Community Authority under Chapter 349 of the Ohio Revised Code. The same date appears on a different line of the village ordinance register. There, a proposed rezoning of 110.05 acres, the project that had been the first test case for that authority, is marked "Withdrawn by the Developer."
Council created the authority, and on the same date its first proposed project was withdrawn. For anyone shopping new construction in Commercial Point, that changes one line of the math. The village now has a way to put part of the cost of a new neighborhood's sewer lines and road work on the homes in that neighborhood. That cost would show up on the property tax bill, not the sticker price.
What a Community Authority Can Charge
A new community authority, or NCA, can levy what Ohio law calls a community development charge. Under ORC 349.01, the charge can be based on a property's assessed value, on residents' income, on business revenues, on a flat or per-parcel fee, or on a mix of these.
Caleb Bell, the village's bond and development finance counsel, explained to Council what makes this tool different, as recorded in the May 18, 2026 Committee of the Whole minutes. NCA charges are "additive to the property tax bill." They don't redirect existing tax money. They add a new assessment. He described the core purpose as making new development pay for the infrastructure it requires instead of putting that cost on existing residents.
Council has looked at several funding tools. Here is how they compare as described in those minutes:
| Tool | What it does to the tax bill | Where Commercial Point has seen it |
|---|---|---|
| TIF | Redirects future property tax growth to repay infrastructure debt | Off-site roads at Foxfire |
| CRA abatement | Reduces existing tax obligations | Discussed as an alternative in May 2026 |
| NCA charge | Adds a new charge on top of taxes | Commercial Point Community Authority, adopted Oct. 5, 2026 |
| Tap fee credits | Developer fronts the cost and recovers it per home sold | Chestnut Commons water tower |
The NCA is the only tool on that list that raises what a homeowner pays each year. Counsel also told Council that a single district can cover residential, commercial and industrial areas with different charges in each. Owners in each assessed area have to consent, and the charge for an area can be set as a millage or as a flat dollar amount.
The First Test Case Showed the Numbers
The Estates at Scioto Crossing proposal gives the clearest picture of how the authority was expected to work. In May, developer representative Mike Medvedkov presented a TIF plus an NCA charge of 5 mills per lot. The money would pay for a sanitary lift station, about 4,200 linear feet of force main, an eastbound left-turn lane, and about 3,200 linear feet of widening and realignment on McCord Road. Counsel said the 5 mills was about half of the 10-mill cap in the village's NCA formation documents. He called it a modest added charge when Council asked whether the financing could become a burden on future lot buyers.
By the July 20 Committee of the Whole meeting, the discussion had moved to a possible single $6 million bond. Council President Dustyn Fox noted that about $6.8 million of the $10 million total was for actual physical improvements. At the same meeting, he said the product itself was a good fit, and the sticking point was still the infrastructure investment, in part because McCord Road runs partly outside village jurisdiction.
The rezoning was withdrawn on Oct. 5. The authority that could have funded it was established the same day.
Here's what that means for buyers. Village counsel described the NCA as a way to have growth pay for itself, and the district can cover different areas with different charges. Any future subdivision can now be proposed with a community development charge as part of its financing. Rockford Homes, for example, presented a 396-acre Struckman Farms concept to Council on July 6. It included 93 acres of open space, a 10-acre community park, and a mix of single-family, estate, patio-home and townhome areas. The minutes say no formal application was pending. No financing for that concept has been set. Concepts like it now arrive in a village that has the NCA option available.
Where the Charge Shows Up in Your Paperwork
The NCA charge lives in the deed records, and Ohio law ties it to the purchase agreement. Section ORC 349.07 is direct about it:
"No purchase agreement for any real estate or interest in real estate upon which a community development charge exists by reason of a covenant running with the land shall be enforceable by the seller or binding upon the purchaser unless such purchase agreement specifically refers to such community development charge and identifies the volume and page number of the deed records of the county in which the covenant running with the land establishing such community development charge is recorded."
The same section says the covenant stays binding on whoever accepts the property, even if the purchase agreement leaves that reference out. Unpaid charges can be certified to the county auditor, put on the tax list, and collected the same way as property taxes. Once entered, they become a lien. If a recorded charge exists on a lot, the purchase agreement is where the law expects a buyer to see it, with a deed-record reference attached.
The Second Disclosure Already in Foxfire Contracts
Commercial Point new-build contracts now carry a second item that came out of the same months of council debate.
In April 2026, Council adopted Ordinance 2026-10. It states, "No Data Center shall be established, constructed, operated, or approved." The ordinance names two properties as limited nonconforming uses. One is the Durrett Road property, called the AWS Site, which is about 234 acres at the southwest corner of Durrett Road and State Route 104. The other is the Jahn Farm property. Neither can be expanded, intensified or structurally enlarged. A separate 18-month moratorium under Ordinance 2026-09 stops data-center applications from being processed or approved unless Council grants an exemption.
At the July 6 council meeting, Mayor Geiger said the moratorium remains in place and that talks with AWS representatives are exploratory, with the village setting its own timeline. As of Sept. 21, the village's consultant, Mannik Smith Group, estimated six to nine months to finish its data-center research.
Homebuyers come into this because of where Foxfire North sits. At the May 18 meeting, Steve Peck of M/I Homes said Foxfire North is immediately next to the potential data center site. He said marketing and disclosure materials would describe either the worst-case scenario or the most accurate information available at the time of sale. Council members said that, at minimum, surrounding zoning should be clearly communicated to prospective buyers. They also noted that buyers could try to negotiate a release as a contractual matter. By July 6, the minutes recorded that "disclosure language regarding potential adjacent uses has been added to contracts." The Foxfire Subdivision Phase 5 development plan was later approved as Resolution 43-2026.
That's two contract items in one village. One reflects who pays for the roads. The other reflects what could be built next door. Both came out of public council sessions in 2026.
A Short Checklist for a Commercial Point New-Build Contract
- Look for a community development charge reference. Under ORC 349.07, the purchase agreement refers to the charge and cites a deed-record volume and page if a covenant is recorded on the lot.
- Ask how any charge is calculated. State law allows millage, flat fees, or other bases. Village counsel described charges that can differ by area and can be amended by a future council vote.
- Read the adjacent-use disclosure. This matters most for any lot near the Durrett Road or Jahn Farm sites named in Ordinance 2026-10.
- Check how the infrastructure is being paid for. Find out whether the subdivision relied on a TIF, tap fee credits, or developer funding. The village posts its ordinances and resolutions online.
- Note pending utility work. The village's October newsletter said the Village was working on a capacity solution for the Walker Road lift station. It also said Chestnut Commons drainage was going out to bid.
This post is general information about public records and state law, not legal, tax or financial advice. Have an attorney or other qualified professional review any purchase agreement and confirm how these rules apply to your situation.
Quick Answers
Does the Commercial Point Community Authority charge existing homeowners? Village counsel described the NCA as a way to have new development cover its own infrastructure costs instead of existing residents, and said charges apply only where property owners in each assessed area have consented.
Was there public opposition at the hearing? The Aug. 17, 2026 public hearing minutes state, "There were no public comments."
Is the 5-mill figure the village's rate? No. The 5 mills was the charge proposed for The Estates at Scioto Crossing, and that rezoning was withdrawn on Oct. 5, 2026. Ordinance 2026-24 does not set a charge.
If you're comparing new-construction contracts in Commercial Point, or pricing a resale home that competes with them, Kim Kovacs and Partners can go through the deed records and disclosures with you before you sign. Get your free home valuation and see how your home stacks up against today's new builds.
