H. B. 4127
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced January 29, 1998; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact section two, chapter one hundred
seventy-six, acts of the Legislature, regular session, one
thousand nine hundred eighty-five, as last amended and
reenacted by chapter one hundred thirty-six, acts of the
Legislature, regular session, one thousand nine hundred
eighty-eight; and to amend and reenact section two-a,
chapter one hundred thirty-six, acts of the Legislature,
regular session, one thousand nine hundred eighty-eight, all
relating to the New River Parkway Authority and authorizing
it to develop and enforce a land management system.
Be it enacted by the Legislature of West Virginia:
That section two, chapter one hundred seventy-six, acts of
the Legislature, regular session, one thousand nine hundred
eighty-five, as last amended and reenacted by chapter one hundred
thirty-six, acts of the Legislature, regular session, one
thousand nine hundred eighty-eight, be amended and reenacted; and that section two-a, chapter one hundred thirty-six, acts of the
Legislature, regular session, one thousand nine hundred
eighty-eight, be amended and reenacted, all to read as follows:
New River Parkway Authority.
§2. Members; appointment; powers and duties generally; officers;
bylaws; rules; compensation.
(a) The authority consists of nine voting members and four
to six ex officio nonvoting members.
(b) Three voting members shall be appointed by the Mercer
County Commission. Three voting members shall be appointed by
the Raleigh County Commission. Three voting members shall be
appointed by the Summers County Commission. No more than two of
the three voting members appointed by a county commission may be
members of the same political party, which said members shall may
be elected to, appointed to or hold any other public office
during their tenure as members of said the authority. The
regular term of a voting member shall be is three years, provided
that the terms of the voting members initially appointed by a
county commission are as follows: One member shall be appointed
for a term of one year, one member shall be appointed for a term
of two years and one member shall be appointed for a term of
three years. Should a vacancy occur, the person appointed to
fill the vacancy shall may serve only for the unexpired portion
thereof. All voting members are eligible for reappointment. Any
voting member may be removed for cause by the appointing county commission.
(c) The ex officio nonvoting members are the commissioner
of the division of highways or his or her designee, the director
of the division of natural resources or his or her designee, the
commissioner of agriculture or his or her designee, the
commissioner of commerce or his or her designee, and, if they
choose to serve, the district engineer of the Huntington District
of the United States Army Corps of Engineers or his or her
designee and the superintendent of the New River Gorge National
River or his or her designee. Any designee serving as a
nonvoting member may be removed at the will and pleasure of the
officer designating the member.
(d) Each voting member of the authority may be compensated
monthly by the county commission which appointed such member in
an amount to be fixed by said county commission.
(e) There shall be an annual meeting of the authority on
the second Monday in July in each year and a monthly meeting on
a day and at such time as the authority may designate in its
bylaws. A special meeting may be called by the president, the
secretary or any three voting members of the authority and may be
held only after all voting and nonvoting members are given notice
thereof in writing. Five voting members constitute a quorum for
all meetings. At each annual meeting of the authority, it shall
elect a president, vice president, secretary and treasurer. The
authority shall adopt such bylaws and rules regulations that are necessary for its own operation and management. The authority
has all but only those powers necessary, incidental, convenient
and advisable for to accomplish the following purposes:
(1) The preparation of a plan or plans for the New River
Parkway and the revision of those plans every five years or as
the authority finds necessary;
(2) Advocating actions consistent with that plan or its
provisions to or before any governmental entity or any private
person or entity; and
(3) Otherwise acting in an advisory capacity with regard to
any aspect of the New River Parkway upon or without request to
any governmental entity or private person or entity. The
authority shall may not own or hold any real estate or real
property and shall may not operate or maintain the parkway.
2a. Development of land management system for the regulation of
the use of property within the parkway corridor; definition
of corridor; presentation of system to governmental
entities; requirement that governmental entities adopt and
enforce system.
(a) The authority may develop and set for land-use
regulations minimum performance standards a land management
system which are is necessary to implement the authority's plan
or plans and which are is consistent with the purpose of this
chapter. Such standards shall apply The system applies only to
the New River Parkway corridor. For purposes of this chapter, "New River Parkway Corridor" or "corridor" means that area within
five hundred feet of either side of the roadway parkway
centerline, between Interstate 64 and the Robert C. Byrd Bridge,
as delineated on an official parkway corridor map. Areas which
the standards system may address include:
(1) Buffer areas between the roadway and paved parking
areas;
(2) Landscaping or vegetation requirements;
(3) Land coverage, frontage, setback, design and building
height for new structures;
(4) Siting of new structures to enhance the scenic
qualities of the parkway and avoid visual intrusions;
(5) Design and placement of on-site advertising signs along
the parkway;
(6) The dumping or storing of refuse to prevent
deterioration of the natural or traditional parkway scene:
Provided, That such standards shall the system may not discourage
constructive development and uses of such the property which are
consistent with the purpose of this chapter; and
(7) Any other area, if regulation over such area is
consistent with the purpose of this chapter. Standards The
system which are is developed by the authority shall may not
apply to structures on property owned in the corridor existing
prior to the effective date of this section tenth day of June,
one thousand nine hundred eighty-eight.
(b) Upon the development of standards the system, the
authority shall present such standards it to relevant
governmental entities within the corridor. Such The presentation
shall include relevant findings as to whether the plans of
development which relate to counties or municipalities within the
corridor conform with the authority's performance standards
system, as well as specifications of each, if any, deviation from
the performance standards system.
(c) Within thirty ninety days of the presentation of the
authority's minimum performance standards land management system,
the relevant governmental entities shall adopt and enforce such
standards the system in the corridor. In the event a relevant
governmental entity fails to adopt or enforce the system the
authority may initiate a civil action in the appropriate circuit
court to the adoption or enforcement of the system.
(d) The relevant governmental entities shall provide
planning staff for administration, monitoring and assisting in
the revision of the land management system.
NOTE: The purpose of this bill is for the New River
Parkway Authority to develop a land management system.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.