H. B. 3261
(By Delegates Wysong, Tabb and Doyle)
[Introduced March 25, 2005; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §8A-3-8 of the Code of West Virginia,
1931, as amended; to amend and reenact §8A-5-4, §8A-5-6 and
§8A-5-8 of said code; and to amend and reenact §8A-8-11
of
said code, all relating to
changing certain dates for action
relative to the duties and procedures of the Planning
Commission; and, deleting the provision that requires the
planning commission to state conditions if it approves a plat
with conditions
.
Be it enacted by the Legislature of West Virginia:
That §8A-3-8 of
the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §8A-5-4, §8A-5-6 and §8A-5-8 of said
code be amended and reenacted; and that §8A-8-11 of said code be
amended and reenacted
, all to read as follows:
ARTICLE 3. COMPREHENSIVE PLAN.
§8A-3-8. Adoption of comprehensive plan by governing body.
(a) Within the latter of ninety one hundred eighty days or
three scheduled meetings after the submission of the recommended
comprehensive plan to the governing body, the governing body must
act by either adopting, rejecting or amending the comprehensive
plan.
(b) If the comprehensive plan is adopted by the governing
body, then the governing body may adopt the comprehensive plan as
an ordinance or designate what other effect the comprehensive plan
may have.
(c) If the comprehensive plan is adopted by the governing body
and an ordinance is published, the comprehensive plan may be
incorporated by reference in the ordinance and the full text of the
comprehensive plan does not have to be published.
ARTICLE 5. SUBDIVISION OR LAND DEVELOPMENT PLAN AND PLAT.
§8A-5-4. Approval of minor subdivision or land development plans
and plats.
(a) Within ten thirty days after a plat has been classified a
minor subdivision or land development, then the planning commission
or staff, if the authority has been given by the governing body,
shall approve or deny the plat.
(b) If the planning commission or its staff approves the plat,
then the planning commission shall affix its seal on the plat.
(c) If the planning commission approves the plat with
conditions, then the planning commission must state the conditions.
(d) (c) If the planning commission or its staff denies the
plat, then the planning commission shall notify the applicant in
writing of the reasons for the denial.
PART II. MAJOR SUBDIVISION OR LAND DEVELOPMENT PROCESS.
§8A-5-6. Application for major subdivision or land development.
(a) An applicant for approval of a major subdivision or land
development plan and plat shall submit written application, a copy
of the proposed land development plan and plat, and the fees to the
planning commission having jurisdiction over the land.
(b) Within forty-five days after receipt of the application,
the planning commission
or its staff shall review the application
for completeness and either accept or deny it.
(c) If the application is not complete, then the planning
commission
or its staff may deny the application and must notify
the applicant in writing stating the reasons for the denial.
§8A-5-8. Approval of major subdivision or land development plans
and plats.
(a) Upon written request of the applicant for a determination,
the planning commission must determine by vote at the next regular
meeting or at a special meeting, whether or not the application is
complete based upon a finding that the application meets the
requirements set forth in its governing body's subdivision and land
development ordinance.
(b) If a governing body's subdivision and land development ordinance does not specify what may be included in a land
development plan and plat, then the planning commission must
determine that an application is complete if the application meets
the requirements set forth in subsection (b), section seven of this
article.
(c)
At a meeting where When the application is determined to
be complete, the planning commission
or its staff must set a date,
time and place for a public hearing and a meeting to follow the
public hearing to vote on the application. The public hearing must
be held within forty-five days, and the planning commission must
notify the applicant of the public hearing and meeting in writing
unless notice is waived in writing by the applicant. The planning
commission must publish a public notice of the public hearing and
meeting in a local newspaper of general circulation in the area at
least twenty-one days prior to the public hearing.
(d) At a meeting at the conclusion of the public hearing or a
meeting held within
fourteen thirty days after the public hearing,
the planning commission shall vote to approve, deny or hold the
application.
(e) The application may be held for additional information
necessary to make a determination. An application may be held for
up to forty-five days.
(f) The planning commission shall approve the application
after the planning commission determines that an application is complete and meets the requirements of the governing body's
subdivision and land development ordinance; or if the governing
body does not have a subdivision and land development ordinance or
if the subdivision and land development ordinance does not specify
what may be included in a subdivision or land development plan and
plat, that the application meets the requirements set forth in
subsection (b), section seven of this article.
(g) If the planning commission approves the application, then
the planning commission shall affix its seal on the subdivision or
land development plan and/or plat.
(h) If the planning commission approves the application with
conditions, then the planning commission must specify those
conditions.
(i) If the planning commission denies the application, then
the planning commission shall notify the applicant in writing of
the reasons for the denial. The applicant may request, one time,
a reconsideration of the decision of the planning commission, which
request for reconsideration must be in writing and received by the
planning commission no later than ten days after the decision of
the planning commission is received by the applicant.
ARTICLE 8. BOARD OF ZONING APPEALS.
§8A-8-11. Notice and hearing of appeal.
(a) Within ten days of receipt of the appeal by the board of
zoning appeals, the board
or its staff shall set a time for the hearing of the appeal and give notice. The hearing on the appeal
must be held within
forty-five days sixty days of receipt of the
appeal by the board.
(b) At least fifteen days prior to the date set for the
hearing on the appeal, the board of zoning appeals shall publish a
notice of the date, time and place of the hearing on the appeal as
a Class I legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code, and written notice
shall be given to the interested parties. The publication area
shall be the area covered in the appeal.
(c) The board of zoning appeals may require the party taking
the appeal to pay for the cost of public notice and written notice
to interested parties.
(d) At the hearing, any party may appear in person, by agent
or by an attorney licensed to practice in this state.
(e) Every decision by the board must be in writing and state
findings of fact and conclusions of law on which the board based
its decision. If the board fails to provide findings of fact and
conclusions of law adequate for decision by the circuit court, and
as a result of the failure, the circuit court returns an appealed
matter to the board and dismisses jurisdiction over an applicant's
appeal without deciding the matter, whether the court returns the
matter with or without restrictions, the board shall pay any
additional costs for court filing fees, service of process and reasonable attorneys' fees required to permit the person appealing
the board's decision to return the matter to the circuit court for
completion of the appeal.
NOTE: The purpose of this bill is to
change certain dates for
action relative to the duties and procedures of the Planning
Commission while deleting the provision that requires the planning
commission to state conditions if it approves a plat with
conditions
.
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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