Senate Bill No. 621
(By Senator Unger)
[Introduced February 16, 2012; referred to the Committee on Government Organization.]
A BILL to amend and reenact §8A-5-6 and §8A-5-7 of the Code of West Virginia, 1931, as amended, all relating to the approval of major subdivisions by planning commissions.
Be it enacted by the Legislature of West Virginia:
That §8A-5-6 and §8A-5-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5. SUBDIVISION OR LAND DEVELOPMENT PROCESS.
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, a letter from the Division of Highways indicating its concurrence that the plan provides sufficient access to state highways, 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 shall review the application for completeness and either accept or deny it.
(c) If the application is not complete, then the planning commission may deny the application and must notify the applicant in writing stating the reasons for the denial.
§8A-5-7. Contents of a major subdivision or land development plan and plat.
(a) A land development plan and plat must include everything required by the governing body’s subdivision and land development ordinance.
(b) If a governing body does not have a subdivision and land development ordinance or if a governing body’s subdivision and land development ordinance does not specify what may be included in a subdivision or land development plan and plat, then the following may be included, when applicable, in a subdivision or land development plan and plat:
(1) Show that the subdivision or land development conforms to the governing body’s comprehensive plan;
(2) A method of payment to cover the cost of the water and sewer service infrastructure, which can include, but is not limited to, bonds, impact fees, escrow fees and proffers;
(3) Coordination among land development with adjoining land owners, including, but not limited to, facilities and streets;
(4) Distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience and the harmonious development of the municipality or county;
(5) Show that there is a fair allocation of areas for different uses, including, but not limited to, streets, parks, schools, public and private buildings, utilities, businesses and industry;
(6) Show that there is a water and sewer supply;
(7) Setback and lot size measures were used;
(8) The standards used for designating land which is subject to flooding or subsidence, details for making it safe, or information showing that such land will be set aside for use which will not endanger life or property and will not further aggravate or increase the existing menace;
(9) The control measures for drainage, erosion and sediment;
(10) The coordination of streets, sidewalks and pedestrian pathways in and bordering the land development. The applicant shall provide a letter from the Division of Highways indicating the division’s approval and concurrence that sufficient access is provided to state highways; and
(11) The design, construction and improvement measures to be used for the streets, sidewalks, easements, rights-of-way, drainage, utilities, walkways, curbs, gutters, street lights, fire hydrants, water and wastewater facilities, and other improvements installed, including the width, grade and location for the purpose of accommodating prospective traffic, customers and facilitating fire protection.
NOTE: The purpose of this bill is to require a major subdivision or land development to provide notice to a planning commission that the Division of Highways concurs that the development plan provides sufficient access to state highways.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.