SB 751 — Removing certain requirements of municipality annexing property within urban growth boundary

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 751 By Senator RuckerRucker, [Introducedoriginal Februarysponsor 11,[Originating 2020;in the Committee on Government Organization;

referredreported toon theFebruary Committee19, on2020] Government  Organization]  A BILL to amend and reenact §8-6-4a of the Code of West Virginia, 1931, as amended, relating to removing certain requirements when a municipality seeks to annex property within an urban growth boundary.

(1) “Contiguous” means property that is next to, abuttingabutting, and having a boundary that is coterminous with the municipality's designated urban growth boundary.

The length of a street, highway, roadroad, or other traffic or utility easement, streams, riversrivers, or other natural topography are not to be used to determine if a property is contiguous:

Provided, That the width of a street, highway, roadroad, or other traffic or utility easement, streams, riversrivers, or other natural topography may be used to determine contiguous boundaries.

--— (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.property pursuant to §8-6-4 of this code.

pursuant to the provisions of section four of this article Agreement with the county commission is not required.

--— 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.

--— (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:

and (C) At least 15 days prior to the public hearing, publish a notice of the date, timetime, and place of the public hearing as a Class I legal advertisement in compliance with the provisions of §59-3-1 et seq.

--— (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'scommission’s agreement and, prior to the agreement of the county commission to the annexation of the proposed property, the county commission shall:

and (C) At least 15 days prior to the public hearing, publish a notice of the date, timetime, and place of the public hearing as a Class I legal advertisement in compliance with the provisions of §59-3-1 et seq.

(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.

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