COMMITTEE SUBSTITUTE
FOR

(By Delegates Doyle, Tabb and
Manuel)

(Originating in the Committee on the Judiciary)

[February 21, 2003]

A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-ll, relating to the authority of a county commission to include a program for the transfer of development rights as part of an approved county-wide zoning plan, to encourage the preservation of natural resources, protect the scenic, recreational agricultural value of open lands, and other legitimate purposes; defining transferrable development rights; and, relating to the features of a program for the transfer of development rights.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-ll, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3ll. Transfer of development rights in growth counties.
(a) In addition to all other powers and duties now conferred by law upon county commissions, if a county has been designated as a growth county, as that term is defined in section three, article twenty, chapter seven of this code, those county commissions are hereby authorized to, as part of a county-wide zoning ordinance, establish a program for the transfer of development rights, in order to:
(1) Encourage the preservation of natural resources;
(2) Protect the scenic, recreational and agricultural qualities of open lands; and
(3) Facilitate orderly growth and development in the county.
(b) The program for the transfer of development rights may provide for:
(1) The voluntary transfer of the development rights permitted on one parcel of land to another parcel of land;
(2) Restricting or prohibiting further development of the parcel from which development rights are transferred; and
(3) Increasing the density or intensity of development of the parcel to which such rights are transferred.
(c) The program for the transfer of development rights shall:
(1) Designate and show on the zoning map areas from which development rights may be transferred and areas to which such rights may be transferred and used for development. These zones may be designated as separate use districts or as overlaying other zoning districts; and
(2) Designate the maximum term the transfers of development rights are valid, but in no event shall such transfers be for more than ten years.
(d) "Transferable development rights" means an interest in real property that constitutes the right to develop and use property under the zoning ordinance which is made severable from the parcel to which the interest is appurtenant and transferable to another parcel of land for development and use in accordance with the zoning ordinance. Transferable development rights may be transferred by deed from the owner of the parcel from which the development rights are derived and upon the transfer shall vest in the grantee and be freely alienable. The zoning ordinance may provide for the method of transfer of these rights and may provide for the granting of easements and reasonable regulations to effect and control transfers and assure compliance with the provisions of the ordinance.