SB182 HFA Funkhouser 3-11 #2
Baker 3228
Delegate Funkhouser moved to amend SB182 H JUD AM #1 on page 5, section 5, line 99, by inserting the following new article:
The Legislature finds that in certain circumstances undeveloped land located within municipal boundaries may be more effectively planned and managed at the county level. It is therefore the intent of the Legislature to authorize a limited process by which undeveloped land located within municipal boundaries may be transferred to the unincorporated area of a county, with the consent of the property owner and approval of the county commission, in order to promote responsible growth, coordinated land-use planning, and the effective use of county economic development and redevelopment tools.
For purposes of this article:
"Municipality" means any incorporated city, town, or village in West Virginia.
"County" means the county in which the municipality or the major portion thereof is located.
"Undeveloped land" means real property that contains less than two percent of impervious surfaces.
"County development authority" means any development or redevelopment authority established pursuant to West Virginia law with jurisdiction in the county.
"Property owner" means any person or entity holding fee simple title to real property.
(a) Notwithstanding any other provision of law, undeveloped property located within the corporate limits of a municipality may be annexed into the unincorporated area of the county in accordance with the provisions of this article.
(b) The Legislature hereby delegates to county commissions the authority to approve municipal-to-county annexations under this article, consistent with the constitutional authority to delegate annexation powers to local governmental entities.
Property shall be eligible for municipal-to-county annexation under this article only if:
(1) The property consists entirely of undeveloped land as defined in §8-6A-2 of this code;
(2) The property owner consents to the annexation in writing;
(3) The county commission consents to the annexation by resolution; and
(4) The property is potentially eligible for purchase by a county development authority, either immediately or within five years of the annexation.
(a) A property owner seeking municipal-to-county annexation shall file an application with the county commission that includes:
(1) An accurate map showing the metes and bounds of the property to be annexed;
(2) A written affidavit of consent to the annexation signed by all property owners;
(3) Documentation demonstrating that the property meets the undeveloped land criteria;
(4) A statement from a county development authority indicating the property's potential eligibility for future acquisition; and
(5) Payment of all application fees established by the county commission.
(b) The municipality shall be provided notice of any application filed under this section and may file written comments or objections within 30 days of such notice.
(a) Upon receipt of a complete application, the county commission shall determine whether the application meets the requirements of this article.
(b) The county commission shall hold a public hearing on the application, with notice published as a Class II legal advertisement at least 14 days prior to the hearing.
(c) The county commission may approve the application by resolution if it finds that:
(1) All requirements of this article have been met;
(2) The annexation is in the best interest of the county; and
(3) The annexation will not adversely impact the provision of public services.
(d) If the county commission approves the application, it shall enter an order describing the property to be annexed and the effective date of the annexation.
Upon the effective date of an annexation order under this article:
(1) The property shall be removed from the corporate limits of the municipality;
(2) The property shall become part of the unincorporated area of the county;
(3) The county shall assume responsibility for providing governmental services to the property; and
(4) The property shall be subject to county zoning and land use regulations.
The determination of a county commission under this article shall be reviewable by the circuit court of the county upon certiorari in accordance with the provisions of §53-3-1 et seq. of this code.
Adopted
Rejected