York supervisors warn state housing bills could force by‑right density, ask staff to study impact fees
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Summary
Supervisors debated recent state bills (HB 804, HB 816, SB 488), saying the measures could reduce local control over zoning and require costly infrastructure; the board asked staff to study development‑impact fees for high‑density projects.
Several York County supervisors used the Feb. 3 work session to press concerns about recently introduced state housing legislation that they said would curtail local zoning authority and allow by‑right conversions to higher density housing.
One supervisor described the bills (referencing HB 804 and a related senate vehicle) as giving the state or appeals boards the ability to approve higher‑density housing "by right," limiting local supervisors' ability to require proffers or negotiate infrastructure improvements. "They will take that authority away from us," the supervisor said, arguing that the changes could allow developers to convert commercial or low‑density land into multi‑story residential projects without local proffers.
Board members warned such conversions could produce substantial costs for local government, including new schools, fire stations and sheriff's staffing. "When you build this many houses, you end up having now to spend hundreds of millions of dollars on things like new schools," a supervisor said, urging the board to consider how to recover those infrastructure costs.
In response, the chair proposed asking staff to study a development‑impact fee similar to one used in Stafford County to recover capital costs associated with high‑density housing. "I would propose that we have staff look at adding a development impact fee into our building regulations that would recover the cost of this infrastructure," the chair said. Several supervisors signaled support for staff to return with a recommendation on the fee.
Board members also discussed advocacy options and noted state representatives' positions vary; one county senator was reported to oppose the bills but the supervisor said the bills are likely to pass given a legislative majority. The board did not take a final local legislative action at the meeting but asked staff to research fee structures, infrastructure cost estimates (schools, fire, courts, transport) and potential legal constraints.
The item concluded with direction for staff to return with recommended language and cost estimates for consideration at a future meeting.
