WEST virginia legislature
2021 regular session
Introduced
Senate Bill 695
By Senator Rucker
[Introduced March 22, 2021;
referred
to the Committee on Government Organization]
A BILL to amend and reenact §8-6-4a and §8-6-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-7-2 of said code, all relating to counties and municipalities; and providing procedures for decreasing corporate limits or increasing corporate limits by annexation and annexation by minor boundary adjustments.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6. ANNEXATION.
§8-6-4a. Annexation without election for municipalities in counties that have an adopted countywide zoning ordinance which includes urban growth boundaries.
(a) This section applies to municipalities in counties that have adopted a countywide zoning ordinance with designated urban growth boundaries and, prior to January 1, 2009, have adopted local impact fees pursuant to the provisions of §7-20-1 et seq. of this code that want to annex additional property without an election.
(b) For purposes of this section only:
(1) “Contiguous” means property that is next to, abutting, and having a boundary that is coterminous with the municipality’s designated urban growth boundary. The length of a street, highway, road, or other traffic or utility easement, streams, rivers, or other natural topography are not to be used to determine if a property is contiguous: Provided, That the width of a street, highway, road, or other traffic or utility easement, streams, rivers, or other natural topography may be used to determine contiguous boundaries.
(2) “Urban growth boundary” means a site-specific line, delineated on a zoning map or a written description in a zoning ordinance identifying an area around and outside the corporate limits of a municipality within which there is a sufficient supply of developable land within the boundary for at least a prospective 20-year period of municipal growth based on demographic forecasts and the time reasonably required to effectively provide municipal services to the identified area. The urban growth boundary may be called by any name chosen by the county commission, but the word “boundary” shall be used in the name of the boundary. The boundary shall be established by the county commission in agreement with each individual municipality regarding that municipality’s boundary. If the county commission and municipality cannot agree upon the location or size of the boundary, either party may file for declaratory judgment relief in the circuit court which shall submit the dispute to mediation or arbitration prior to final resolution by the circuit court. Once a county has adopted an urban growth boundary by its designation on an adopted county zoning map, the gross area inside the boundary may not be reduced without written consent of the municipality. The county commission shall review each urban growth boundary at a period not to exceed 10 years or upon request of the individual municipality.
(c) Procedure for a municipality to annex property within an urban growth boundary. —
(1) If the proposed property to be annexed by a municipality is entirely within the municipality’s designated urban growth boundary, then the municipality may annex without an election the proposed property pursuant to the provisions of §8-6-4 of this code. Agreement with the county commission is not required.
(2) If the proposed
property to be annexed by minor boundary adjustment by a municipality is
entirely within the municipality’s designated urban growth boundary, then the
municipality may annex without an election the proposed property pursuant to
the provisions of §8-6-4 of this code if the provisions of §8-6-5 of this
code are followed, except that agreement with the county commission is not
required.
(d) Procedure for a municipality to annex property within urban growth boundaries of two or more municipalities. —
If the proposed property to be annexed by a municipality is partially or wholly within another municipality’s urban growth boundary, then the municipality may annex without an election the proposed property pursuant to the provisions of §8-6-4 of this code if the two municipalities have executed an intergovernmental agreement regarding the annexation of the subject property. Agreement with the county commission is not required.
(e) Procedure for a municipality to annex contiguous property outside an urban growth boundary. —
(1) If the proposed property to be annexed by a municipality is outside the municipality’s designated urban growth boundary, then the municipality may annex without an election the proposed property pursuant to the provisions of §8-6-4 of this code, if:
(A) The proposed property to be annexed is contiguous to the municipality, as defined in this section; and
(B) The municipality has the county commission’s agreement.
(2) Prior to the agreement of the county commission to the annexation of the proposed property, the county commission shall:
(A) Hold a public hearing;
(B) Place a notice on the subject property, which notice shall be the same as that required for property to be rezoned; and
(C) At least 15 days prior to the public hearing, publish a notice of the date, time, and place of the public hearing as a Class I legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code.
(f) Procedure for a municipality to annex noncontiguous property outside an urban growth boundary. —
(1) If the proposed property to be annexed by a municipality is entirely outside the municipality’s designated urban growth boundary and is not contiguous to the municipality, as defined in this section, then the municipality may annex without an election the proposed property pursuant to the provisions of §8-6-4 of this code if the municipality has the county commission’s agreement and, prior to the agreement of the county commission to the annexation of the proposed property, the county commission shall:
(A) Hold a public hearing;
(B) Place a notice on the subject property, which notice shall be the same as that required for property to be rezoned; and
(C) At least 15 days prior to the public hearing, publish a notice of the date, time, and place of the public hearing as a Class I legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code.
(2) After the public hearing and on-site notice, if the county commission finds, by a written record, that the proposed annexation is for the good of the county as a whole, then the county commission may agree to the annexation.
(g) Prior to the county commission entering an order for any annexation pursuant to this section, the annexed property shall be surveyed by a licensed professional surveyor and a metes and bounds description of the annexed property must be provided to the county commission of the county in which the property is located.
(h) After a municipality has annexed property pursuant to this section and the property has been surveyed, the county commission shall enter an order. After the order is entered, the corporate limits of the municipality include the annexed property.
§8-6-5. Annexation by minor boundary adjustment.
(a) In the event If
a municipality desires to increase its corporate limits by making a minor
boundary adjustment, the governing body of the municipality may apply to the
county commission of the county wherein the municipality or the major portion
of the territory thereof, including the territory to be annexed, is located for
permission to effect annexation by minor boundary adjustment. The municipality
shall pay the costs of all proceedings before the commission: Provided,
That:
(1) A minor boundary adjustment may not exceed 105 percent of the existing total municipal boundary;
(2) A minor boundary adjustment may not exceed 120 percent of the current area of the municipality; and
(3) A minor boundary adjustment made in this manner is limited to one boundary annexation within a five-year period, regardless of subdivisions (1) and (2) of this subsection.
(b) In addition to any other annexation configuration, a municipality may incorporate by minor boundary adjustment: (i) Territory that consists of a street or highway as defined in §17C-1-35 of this code and one or more freeholders; or (ii) territory that consists of a street or highway as defined in §17C-1-35 of this code which does not include a freeholder, but which is necessary for the provision of emergency services in the territory being annexed.
(c) A county commission may develop a form application for annexation for minor boundary adjustment. An application for annexation by minor boundary adjustment shall include, but not be limited to:
(1) The number of businesses located in and persons residing in the additional territory;
(2) An affidavit of each
business located in, each person residing in, and each freeholder of the
additional territory stating that he, she, or it has consented to be included
in the annexation, in such form as the county commission deems sufficient. In
the event If the municipality cannot obtain an affidavit from a
business, resident, or freeholder within 90 days after sending the affidavit
form and a letter explaining the purpose of the affidavit via certified mail,
return receipt requested, to the best available address for the business,
resident, or freeholder, such business, resident, or freeholder shall be deemed
considered to have consented to the annexation;
(3) An accurate map showing the metes and bounds of the additional territory;
(4) A statement setting forth the municipality’s plan for providing the additional territory with all applicable public services such as police and fire protection, solid waste collection, public water and sewer services, and street maintenance services, including to what extent the public services are or will be provided by a private solid waste collection service or a public service district;
(5) A statement of the impact of the annexation on any private solid waste collection service or public service district currently doing business in the territory proposed for annexation in the event the municipality should choose not to utilize the current service providers;
(6) A statement of the impact of the annexation on fire protection and fire insurance rates in the territory proposed for annexation;
(7) A statement of how the proposed annexation will affect the municipality’s finances and services; and
(8) A statement that the proposed annexation meets the requirements of this section.
(d) Upon receipt of a
complete application for annexation by minor boundary adjustment, the county
commission shall determine whether the application meets the threshold
requirements for consideration as a minor boundary adjustment including whether
the annexation could be efficiently and cost effectively accomplished under
§8-6-2 or §8-6-4 of this code. If the county commission determines that the
annexation could be cost effectively and efficiently accomplished under §8-6-2
or §8-6-4 of this code, that the application lacks sufficient evidence that all
affected parties of the additional territory consent to the annexation, or that
the application otherwise fails to meet the threshold requirements for
consideration as a minor boundary adjustment, it shall enter an order denying
the application, which order shall include the reasons upon which it is based
(e) (d) If the application meets the threshold
requirements, the county commission shall order publication of a notice of the
proposed annexation to the corporate limits and of the date and time set by the
commission for a hearing on the proposal. Publication shall be as in the case
of an order calling for an election, as set forth in §8-6-2 of this code. A
like notice shall be prominently posted at not less than five public places
within the area proposed to be annexed.
(f) (e) In making its final decision on an
application for annexation by minor boundary adjustment, the county commission
shall, at a minimum, consider the following factors:
(1) Whether the territory proposed for annexation is contiguous to the corporate limits of the municipality. For purposes of this section, “contiguous” means that at the time the application for annexation is submitted, the territory proposed for annexation either abuts directly on the municipal boundary or is separated from the municipal boundary by an unincorporated street or highway, or street or highway right-of-way, a creek or river, or the right-of-way of a railroad or other public service corporation, or lands owned by the state or the federal government;
(2) Whether the proposed annexation is limited solely to a Division of Highways right-of-way or whether the Division of Highways holds title to the property in fee;
(3) Whether affected parties of the territory to be annexed oppose or support the proposed annexation. For purposes of this section, “affected parties” means freeholders, firms, corporations, and qualified voters in the territory proposed for annexation and in the municipality, and a freeholder whose property abuts a street or highway, as defined in §17C-1-35 of this code, when: (i) The street or highway is being annexed to provide emergency services; or (ii) the annexation includes one or more freeholders at the end of the street or highway proposed for annexation;
(4) Whether the proposed annexation consists of a street or highway as defined in §17C-1-35 of this code and one or more freeholders;
(5) Whether the proposed annexation consists of a street or highway as defined in §17C-1-35 of this code which does not include a freeholder, but which is necessary for the provision of emergency services in the territory being annexed;
(6) Whether another municipality has made application to annex the same or substantially the same territory; and
(7) Whether the proposed annexation is in the best interest of the county as a whole.
(g) (f) If the county commission denies the
application for annexation by minor boundary adjustment, the commission may
allow the municipality to modify the proposed annexation to meet the
commissions objections. The commission must order another public hearing if
significant modifications are proposed.
(h) (g) The final order of the commission shall
include the reasons for the grant or denial of the application.
(i) (h) The municipality applying for annexation
or any affected party may appeal the commission’s final order to the circuit
court of the county in which the municipality or the major portion thereof,
including the area proposed to be annexed, is located. The county commission
may participate in any appeal taken from its order in the same manner and to
the same extent as a party to the appeal. The order may be reviewed by the
circuit court as an order of a county commission ordering an election may be
reviewed under §8-5-16 of this code.
(j) (i) If the final order of the county
commission is a denial of the application for annexation, the municipality may
appeal as set forth in this section, but the municipality may not present the
commission with another application for annexation relating to the same
proposed change or any part thereof for a period of two years after issuance of
the final order of the commission, unless such application is directed by the
circuit court as the result of an appeal.
ARTICLE 7. DECREASE OF CORPORATE LIMITS.
PART II. DECREASE OF CORPORATE LIMITS BY ELECTION.
§8-7-2. Procedure to decrease corporate limits.
Five percent or more of the
freeholders of a municipality desiring to decrease the corporate limits thereof
may file their petition in writing with the governing body thereof, setting
forth the change proposed in the metes and bounds of the municipality, and
asking that a vote be taken upon the proposed change. Such The petition
shall be verified and shall be accompanied by an accurate survey map showing
the territory which would be eliminated from the corporate limits by the
proposed change: Provided, That each business affected by the proposed change to decrease
the corporate limits of the municipality shall file an affidavit stating
consent before they may be included in the change to the metes and bounds of
the municipality. If an affected
business fails to file an affidavit of consent, or otherwise respond to the
petition to decrease the corporate limits within 90 days after the petition is
filed, the business shall be considered to have consented to the proposed
change to decrease the corporate limits of the municipality. The governing body, upon bond in penalty prescribed
by the governing body with good and sufficient surety being given by
petitioners, and conditioned to pay the costs of such election if a majority of
the legal votes cast are against the proposed change in boundary, shall
thereupon order a vote of the qualified voters of such municipality to be taken
upon the proposed change on a date and at a time and place therein to be named
in the order, not less than 20 nor more than 30 days from the date thereof. The
governing body shall cause the order to be published, at the cost of the
municipality, as a Class II-0 legal advertisement in compliance with the
provisions of §59-3-1 et seq. of this code, and the publication area
for such publication shall be the municipality. The first publication must
shall be at least 14 days prior to the date upon which the vote is to be
taken. The order so published shall contain an accurate description by metes
and bounds of the territory which would be eliminated from the corporate limits
by the proposed change, and, if practicable, shall also contain a popular
description of such the territory.
The election shall be held, superintended, and conducted, and the results thereof ascertained, certified, returned and canvassed in the same manner and by the same individuals as elections for municipal officers. The ballots, or ballot labels where voting machines are used, shall have written, or printed on them the words:
/ / For Decrease of Corporate Limits
/ / Against Decrease of Corporate Limits
When an election is held in any municipality in accordance with the provisions of this section, another such election relating to the same proposed change or any part thereof shall not be held for a period of one year.
If a majority of all of the legal votes cast within such municipality are in favor of the proposed change, then the governing body shall proceed as specified in the immediately succeeding section of this article.
NOTE: The purpose of this bill is to amend procedures for decreasing corporate limits or increasing corporate limits by annexation and annexation by minor boundary adjustments and to remove certain requirements when a municipality seeks to annex property within an urban growth boundary.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.