H. B. 2831
(By Delegate Duke, Doyle, Overington, Tabb and Blair)
[Introduced February 5, 2007; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §7-1-3mm of the Code of West Virginia,
1931, as amended, relating to transfer of development rights;
eliminating the five year ordinance waiting period; and
providing that they may be renewable.
Be it enacted by the Legislature of West Virginia:
That §7-1-3mm of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3mm. Transfer of development rights in growth counties.
(a) In addition to all other powers and duties now conferred
by law upon county commissions, if a county has been designated as
a growth county, as that term is defined in section three, article
twenty, chapter seven of this code, those county commissions, upon
approval by a majority of the legal votes cast at an election as
provided in section three-mm of this article, are hereby authorized
to, as part of a county-wide zoning ordinance,
which has been in
effect for a minimum of five years, establish a program for the transfer of development rights
which may be renewable, in order to:
(1) Encourage the preservation of natural resources;
(2) Protect the scenic, recreational and agricultural
qualities of open lands; and
(3) Facilitate orderly growth and development in the county.
(b) The program for the transfer of development rights may
provide for:
(1) The voluntary transfer of the development rights permitted
on any parcel of land to another parcel of land;
(2) Restricting or prohibiting further development of the
parcel from which development rights; and
(3) Increasing the density or intensity of development of the
parcel to which such rights are transferred.
(c) The program for the transfer of development rights shall:
(1) Designate a universal program for which development rights
may be transferred from any parcel of land to any other parcel of
land;
(2) Provide that any rights transferred under this section be
for ten years; and
(3) Any rights purchased, but not used for development, revert
to the original owner after ten years.
(d) The county commission may not set a price for any
development rights that are proposed to be transferred or received.
(e) "Transferable development rights" means an interest in
real property that constitutes the right to develop and use
property under the zoning ordinance which is made severable from the parcel to which the interest is appurtenant and transferable to
another parcel of land for development and use in accordance with
the zoning ordinance. Transferable development rights may be
transferred by deed from the owner of the parcel from which the
development rights are derived and upon the transfer shall vest in
the grantee and be freely alienable. The zoning ordinance may
provide for the method of transfer of these rights and may provide
for the granting of easements and reasonable regulations to effect
and control transfers and assure compliance with the provisions of
the ordinance.
NOTE: The purpose of this bill is to allow the transfer of
development rights in counties without requiring that a zoning
ordinance be in effect for five years and providing that the
development rights may be renewable.
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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