H. B. 3195
(By Delegates Manchin and Caputo)
[Introduced February 22, 2007; referred to the
Committee on Government Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-1-3oo, relating to
authorizing county commissions without a comprehensive plan to
adopt ordinances relating to residential subdivisions.
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 §7-1-3oo, to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. Authority to regulate residential subdivisions.
(a) In the event a county has not created or designated a
planning commission pursuant to the provisions of chapter eight-a
of this code, a county commission may, by order entered of record,
adopt an ordinance that regulates residential subdivisions as
specifically set forth in subsection (b) herein. A "residential
subdivision" means a subdivision, planned unit development,
townhouse regime, or similar planned development in which all land has been divided into six or more parts and is subject to
restrictions that:
(1) Limit a majority of the land subject to the dedicatory
instruments, excluding streets, common areas, and public areas, to
residential use for single-family homes, townhomes, or duplexes
only; and
(2) Require membership in a property owners' association that
has authority to impose regular or special assessments on the
property in the subdivision.
(b) The county commission has the authority to adopt
ordinances that address the following uniform requirements that
will be applicable to all residential subdivisions within the
county:
(1) Construction of roadways in the following respects:
(A) Minimum compaction standards;
(B) Minimum stone requirements;
(C) Minimum asphalt requirements;
(D) Minimum concrete requirements;
(E) Minimum drainage requirements;
(F) Minimum berm requirements; and
(G) Number of entrances for the subdivision.
(2) Fire hydrants in the following respects:
(A) Requirements for the existence of fire hydrants; and
(B) Maximum intervals between fire hydrants.
(3) Street lighting:
(A) Requirements for the existence of street lighting;
(B) Maximum intervals between street lighting; and
(C) Height and illumination requirements.
NOTE: The purpose of this bill is to authorize county
commissions without a comprehensive plan to adopt ordinances
relating to residential subdivisions.
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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