SB 549 Conditional zoning; provisions applicable to certain rezoning proffers.
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Summary as passed Senate: (all summaries)

Conditional zoning. Provides that no locality shall (i) request or accept any unreasonable proffer in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application, including an application for amendment to an existing proffer, for a new residential development or new residential use where such denial is based on an applicant’s failure or refusal to submit, or remain subject to, an unreasonable proffer. A proffer shall be deemed unreasonable unless it addresses an impact that is specifically attributable to a proposed new residential development or other new residential use applied for. An offsite proffer shall be deemed unreasonable pursuant to the above unless it addresses an impact to an off-site public facility such that (a) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment and (b) each such new residential development or new residential use applied for receives a direct and material benefit from a proffer made with respect to any such public facility improvements. In any action in which a locality has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence that it refused or failed to submit, or remain subject to, an unreasonable proffer that it has proven was suggested, requested, or required, formally or informally, by the locality, the court shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial.

Full text:
01/13/16  Senate: Prefiled and ordered printed; offered 01/13/16 16103808D  pdf | impact statement
02/02/16  Senate: Committee substitute printed 16105117D-S1  pdf
02/05/16  Senate: Floor substitute printed 16105216D-S2 (Obenshain)  pdf
02/19/16  House: Committee substitute printed 16105559D-H1  pdf
02/23/16  House: Floor substitute printed 16105756D-H2 (Cole)  pdf
02/26/16  Senate: Bill text as passed Senate and House (SB549ER)  pdf
03/08/16  Governor: Acts of Assembly Chapter text (CHAP0322)  pdf

Amendments:
House amendments rejected

Status:
01/13/16  Senate: Prefiled and ordered printed; offered 01/13/16 16103808D
01/13/16  Senate: Referred to Committee on Local Government
02/02/16  Senate: Committee substitute printed 16105117D-S1
02/02/16  Senate: Reported from Local Government with substitute (10-Y 2-N 1-A)
02/04/16  Senate: Constitutional reading dispensed (40-Y 0-N)
02/05/16  Senate: Floor substitute printed 16105216D-S2 (Obenshain)
02/05/16  Senate: Read second time
02/05/16  Senate: Reading of substitute waived
02/05/16  Senate: Committee substitute rejected 16105117D-S1
02/05/16  Senate: Reading of substitute waived
02/05/16  Senate: Substitute by Senator Obenshain agreed to 16105216D-S2
02/05/16  Senate: Engrossed by Senate - floor substitute SB549S2
02/08/16  Senate: Passed by for the day
02/09/16  Senate: Read third time and passed Senate (29-Y 8-N 2-A)
02/11/16  House: Placed on Calendar
02/11/16  House: Read first time
02/11/16  House: Referred to Committee on Counties, Cities and Towns
02/16/16  House: Assigned CC & T sub: Subcommittee #2
02/17/16  House: Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
02/19/16  House: Reported from Counties, Cities and Towns with substitute (17-Y 4-N)
02/19/16  House: Committee substitute printed 16105559D-H1
02/22/16  House: Read second time
02/23/16  House: Floor substitute printed 16105756D-H2 (Cole)
02/23/16  House: Read third time
02/23/16  House: Substitute by Delegate Cole rejected 16105756D-H2
02/23/16  House: Committee substitute agreed to 16105559D-H1
02/23/16  House: Amendments by Delegate Marshall, R.G. rejected
02/23/16  House: Pending question ordered
02/23/16  House: Engrossed by House - committee substitute SB549H1
02/23/16  House: Passed House with substitute (72-Y 26-N 2-A)
02/23/16  House: VOTE: PASSAGE (72-Y 26-N 2-A)
02/25/16  Senate: House substitute agreed to by Senate (33-Y 5-N 2-A)
02/25/16  Senate: Title replaced 16105559D-H1
02/26/16  Senate: Enrolled
02/26/16  Senate: Bill text as passed Senate and House (SB549ER)
02/26/16  House: Signed by Speaker
02/29/16  Senate: Signed by President
03/01/16  Senate: Enrolled Bill Communicated to Governor on 3/1/16
03/01/16  Governor: Governor's Action Deadline Midnight, March 8, 2016
03/08/16  Governor: Approved by Governor-Chapter 322 (effective 7/1/16)
03/08/16  Governor: Acts of Assembly Chapter text (CHAP0322)