H. B. 2339
(By Delegates Argento, Barker and Eldridge)
[Introduced January 19, 2007; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8A-1-12; and to
amend and reenact §8A-4-1 and §8A-4-2 of said code, all
relating to abolishing the requirement that a county's
governing body adopt a comprehensive plan before enacting a
subdivision and land development ordinance.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §8A-1-12; and that
§8A-4-1 and §8A-4-2 of said code be amended and reenacted, all to
read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§8A-1-12. Legislative findings.
(a) The Legislature finds, as the object of this chapter, the following:
(1) That planning land development and land use is vitally
important to a community;
(2) A planning commission is helpful to a community to plan
for land development, land use and the future;
(3) A plan and a vision for the future is important when
deciding uses for and development of land;
(4) That sprawl is not advantageous to a community;
(5) A comprehensive plan is a guide to a community's goals and
objectives and a way to meet those goals and objectives;
(6) That the needs of agriculture, residential areas, industry
and business be recognized in future growth;
(7) That the growth of the community is commensurate with and
promotive of the efficient and economical use of public funds;
(8) Promoting growth that is economically sound,
environmentally friendly and supportive of community livability to
enhance quality of life is a good objective for a governing body;
and
(9) Governing bodies of municipalities and counties need
flexibility when authorizing land development and use.
(b) Therefore, the Legislature encourages and recommends the
following:
(1) The goal of a governing body should be to have a plan and
a vision for the future, and an agency to oversee it;
(2) A governing body should have a planning commission, to
serve in an advisory capacity to the governing body, and promote
the orderly development of its community;
(3) A comprehensive plan should be the basis for land
development and use, and be reviewed and updated on a regular
basis;
(4) A goal of a governing body should be to reduce sprawl;
(5) That planning commissions prepare a comprehensive plan and
governing bodies adopt the comprehensive plans;
(6) Governing bodies, units of government and planning
commissions work together to provide for a better community;
(7) Governing bodies may have certain regulatory powers over
developments affecting the public welfare; and
(8) Governing bodies may base the following actions upon a
comprehensive plan:
(A) Enact a subdivision and land development ordinance;
(B) Require plans and plats for land development;
(C) Issue improvement location permits for construction; and
(D) Enact a zoning ordinance.
ARTICLE 4. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.
§8A-4-1. Subdivision and land development ordinances authorized.
(a) The governing body of a municipality or a county may
regulate subdivisions and land development within its jurisdiction
by:
(1) Adopting a comprehensive plan; and
(2) (1) Enacting a subdivision and land development ordinance.
(b) A municipality may adopt, by reference, the subdivision
and land development ordinance of the county in which it is
located.
(c) With the prior approval of the county planning commission,
a municipality may, by ordinance, designate the county planning
commission as the planning commission for the municipality to
review and approve subdivision or land development plans and plats.
§8A-4-2. Contents of subdivision and land development ordinance.
(a) A subdivision and land development ordinance shall include
the following provisions:
(1) A minor subdivision or land development process, including
criteria, requirements and a definition of minor subdivision;
(2) The authority of the planning commission and its staff to
approve a minor subdivision or land development;
(3) A major subdivision or land development process, including
criteria and requirements;
(4) The authority of the planning commission to approve a
major subdivision or land development;
(5) The standards for setback requirements, lot sizes,
streets, sidewalks, walkways, parking, easements, rights-of-way,
drainage, utilities, infrastructure, curbs, gutters, street lights,
fire hydrants, storm water management and water and wastewater facilities;
(6) Standards for flood-prone or subsidence areas;
(7) A review process for subdivision or land development plans
and plats by the planning commission;
(8) An approval process for subdivision or land development
plans and plats by the planning commission, including the authority
to approve subdivision or land development plans and plats with
conditions;
(9) A process to amend final approved subdivision or land
development plans and plats;
(10) A requirement that before development of the land is
commenced, subdivision and land development plans and plats must be
approved by the applicable planning commission; in accordance with
the comprehensive plan
(11) A requirement that after approval of the subdivision or
land development plat by the planning commission and before the
subdivision or development of the land is commenced, the
subdivision and land development plat shall be recorded in the
office of the clerk of the county commission where a majority of
the land to be developed lies;
(12) A schedule of fees to be charged which are proportioned
to the cost of checking and verifying proposed plats;
(13) The process for granting waivers from the minimum
standards of the subdivision and land development ordinance;
(14) Improvement location permit process, including a
requirement that a structure or development of land is prohibited
without an improvement location permit;
(15) The acceptable methods of payment to cover the cost of
the water and sewer service infrastructure, which can include, but
are not limited to, bonds, impact fees, escrow fees and proffers;
(16) The process for cooperating and coordinating with other
governmental agencies affected by the subdivision and land
development and use; and
(17) Penalties for violating the subdivision and land
development ordinance.
(b) A subdivision and land development ordinance may include
the following provisions:
(1) Establishing a board of subdivision and land development
appeals with the same powers, duties and appeals process as set out
for the board of zoning appeals under the provisions of article
eight of this chapter;
(2) Requirements for green space, common areas, public
grounds, walking and cycling paths, recreational trails, parks,
playgrounds and recreational areas;
(3) Encourage the use of renewable energy systems and
energy-conserving building design;
(4) Vested property right, including requirements; and
(5) Exemptions of certain types of land development from the subdivision and land development ordinance requirements, including,
but not limited to, single-family residential structures and farm
structures.
and
(6) Any other provisions consistent with the comprehensive
plan the governing body considers necessary
NOTE: The purpose of this bill is to abolish the requirement
that a county's governing body adopt a comprehensive plan before
enacting a subdivision and land development ordinance.
§8A-1-12 is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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