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Introduced Version House Bill 3261 History

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hb3261 intr
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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