Senate Bill No. 548
(By Senator Dugan)
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[Introduced February 19, 1996; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend and reenact section seven, article twenty,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section forty-eight, article twenty-four, chapter
eight of said code, all relating to fees and expenditures
for county development; and requiring county elections on
impact fees and zoning ordinances.
Be it enacted by the Legislature of West Virginia:
That section seven, article twenty, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section forty-eight,
article twenty-four, chapter eight of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 20. FEES AND EXPENDITURES FOR COUNTY DEVELOPMENT.
§7-20-7. Establishment of impact fees; levies may be used to
fund existing capital improvements.
(a) Impact fees assessed against a development project to
fund capital improvements and public services may not exceed the
actual proportionate share of any benefit realized by such
project relative to the benefit to the resident taxpayers.
Notwithstanding any other provision of this code to the
contrary, those counties that meet the requirements of section
six of this article are hereby authorized to assess, levy,
collect and administer any tax or fee as has been or may be
specifically authorized by the Legislature by general law to the
municipalities of this state: Provided, That any assessment,
levy or collection shall be delayed sixty days from its regular
effective date: Provided, however, That in the event fifteen
percent of the qualified voters of the county by petition duly
signed by them in their own handwriting and filed with the county
commission within forty-five days after any impact fee or levy
is imposed by the county commission, pursuant to this article,
the fee or levy protested may not become effective until it is ratified by a majority of the legal votes cast thereon by the
qualified voters of such county at any primary, general or
special election as the county commission directs. Voting
thereon may not take place until after notice of the
subcommission of the fee a levy on the ballot has been given by
publication of Class II legal advertisement and publication area
shall be the county where such fee or levy is imposed: Provided
further, That counties may not "double tax" by applying a given
tax within any corporate boundary in which that municipality has
implemented such tax. Any such taxes or fees collected under
this law may be used to fund a proportionate share of the cost of
existing capital improvements and public services where it is
shown that all or a portion of existing capital improvements and
public services were provided in anticipation of the needs of new
development.
(b) In determining a proportionate share of capital
improvements and public services costs, the following factors
shall be considered:
(1) The need for new capital improvements and public
services to serve new development based on an existing capital
improvements plan that shows: (A) Any current deficiencies in existing capital improvements and services that serve existing
development and the means by which any such deficiencies may be
eliminated within a reasonable period of time by means other than
impact fees or additional levies; and (B) any additional demands
reasonably anticipated as the result of capital improvements and
public services created by new development;
(2) The availability of other sources of revenue to fund
capital improvements and public services, including user charges,
existing taxes, intergovernmental transfers, in addition to any
special tax or assessment alternatives that may exist;
(3) The cost of existing capital improvements and public
services;
(4) The method by which the existing capital improvements
and public services are financed;
(5) The extent to which any new development, required to pay
impact fees, has contributed to the cost of existing capital
improvements and public services in order to determine if any
credit or offset may be due such development as a result thereof;
(6) The extent to which any new development, required to pay
impact fees, is reasonably projected to contribute to the cost of
the existing capital improvements and public services in the future through user fees, debt service payments, or other
necessary payments related to funding the cost of existing
capital improvements and public services;
(7) The extent to which any new development is required, as
a condition of approval, to construct and dedicate capital
improvements and public services which may give rise to the
future accrual of any credit or offsetting contribution; and
(8) The time-price differentials inherent in reasonably
determining amounts paid and benefits received at various times
that may give rise to the accrual of credits or offsets due new
development as a result of past payments.
(c) Each county shall assess impact fees pursuant to a
standard formula so as to ensure fair and similar treatment to
all affected persons or projects. A county commission may
provide partial or total funding from general or other nonimpact
fee funding sources for capital improvements and public services
directly related to new development, when such development
benefits some public purpose, such as providing affordable
housing and creating or retaining employment in the community.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 24. PLANNING AND ZONING.
PART XII. SAME -- ELECTION ON ZONING ORDINANCE.
§8-24-48. Election on zoning ordinance; form of ballots or
ballot labels; procedure.
If, Within sixty days following adoption of the zoning
ordinance by the governing body of the municipality or by the
county court commission, a petition is filed with the recorder or
the clerk of the county court commission praying for submission
of such shall submit the zoning ordinance for approval or
rejection to the qualified voters residing in the area within the
jurisdiction of the municipal or county planning commission, such
and the ordinance shall not take effect until the same shall have
been approved by a majority of the legal votes cast thereon at
any regular primary or general election or special election
called for that purpose. The petition may be in any number of
counterparts but must be signed in their own handwriting by a
number of qualified voters residing in the area affected by the
proposed zoning equal, notwithstanding the provisions of
subdivision (10), subsection (b), section two, article one of
this chapter, to not less than fifteen percent of the total legal
votes cast in the affected area for all candidates for governor
at the last preceding general election at which a governor was elected. Only qualified voters residing in the area affected by
the proposed ordinance shall be eligible to vote with respect
thereto.
Upon the ballots, or ballot labels where voting machines are
used, there shall be written or printed the following:
/ / For Zoning
/ / Against Zoning
If a majority of the legal votes cast upon the question be
for zoning, the provisions of said zoning ordinance shall, upon
the date the results of such an election are declared, be
effective. If a majority of the legal votes cast upon the
question be against zoning, said zoning ordinance shall not take
effect, but and the question may again not be submitted to a vote
at any regular primary or general election in the manner herein
provided until two years from the date of the first vote on the
proposed zoning ordinance.
Subject to the provisions of the immediately preceding
sentence, voting upon the question of zoning may be conducted at
any regular primary or general election or special election, as
the governing body of the municipality or the county court commission in its order submitting the same to a vote may
designate.
Notice of all elections at which the question of zoning is
to be voted upon shall be given by publication of the order
calling for a vote on such question as a Class II-0 legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for
such publication shall be the area in which voting on the
question of zoning is to be conducted.
Any election at which the question of zoning is voted upon
shall be held at the voting precincts established for holding
primary or general elections. All of the provisions of the
general election laws of this state concerning primary, general
or special elections, when not in conflict with the provisions of
this article, shall apply to voting and elections hereunder,
insofar as practicable.
NOTE: The purpose of this bill is to require counties to
submit the questions of imposition of impact fees and levies and
zoning ordinances to the voters for approval or disapproval,
rather than having these fees, levies and zoning ordinances
become effective automatically after imposition or adoption, unless 15% of the voters affected request an election on the
issue.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.