Senate Bill No. 185
(By Senators Bowman, Kessler, McCabe, Jenkins, Dempsey and
[Introduced January 20, 2003; referred to the Committee on
A BILL to amend article twenty-four, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto two new sections, designated
sections eighty-six and eighty-seven, all relating to
Be it enacted by the Legislature of West Virginia:
That article twenty-four, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto two new sections, designated sections
eighty-six and eighty-seven, all to read as follows:
ARTICLE 24. PLANNING AND ZONING.
§8-24-86. Conditions as part of final plat approval.
(a) A zoning ordinance may provide for the voluntary
proffering by a landowner as a requirement of final plat approval for a development project.
(b) For purposes of this article, a "voluntary proffer" is a
written offer by a landowner to the planning commission whereby the
landowner offers to satisfy certain reasonable conditions as a
requirement of the final plat approval for a development project
and in lieu of payment of an impact fee as authorized by section
four, article twenty, chapter seven of this code.
(c) For purposes of this section, a condition contained in a
voluntary proffer is considered reasonable if: (i) The development
project results in the need for the conditions; (ii) the conditions
have a reasonable relation to the development project; and (iii)
all conditions are in conformity with the comprehensive plan
adopted pursuant to this article.
(d) No proffer may be accepted by a county or municipality
unless it has approved a list detailing any proposed capital
improvements from all areas within the county or municipality,
containing descriptions of any proposed capital improvements, cost
estimates, projected time frames for constructing the improvements
and proposed or anticipated funding sources: Provided, That the
approval of this list does not limit the county or municipality
from accepting proffers relating to items not contained on the
list. For purposes of this subsection, "capital improvement" has
the same definition as found in section three, article twenty,
chapter seven of this code.
(e) If a voluntary proffer includes the dedication of real
property or the payment of cash, the proffer shall provide for the
alternate disposition of the property or cash payment in the event
the property or cash payment is not to be used for the purpose for
which it was proffered.
§8-24-87. Enforcement and guarantees.
(a) The planning commission is vested with all the necessary
authority to administer and enforce conditions attached to the
final plat approved for a development project, including: (i) The
ordering in writing of the remedy of any noncompliance with the
conditions; (ii) the bringing of legal action to insure compliance
with the conditions, including injunction, abatement, or other
appropriate action or proceeding; (iii) requiring a guarantee,
satisfactory to the planning commission in an amount sufficient for
and conditioned upon the construction of any physical improvements
required by the conditions, or a contract for the construction of
the improvements and the contractor's guarantee, in like amount and
so conditioned, which guarantee shall be reduced or released by the
planning commission upon the submission of satisfactory evidence
that construction of the improvements has been completed, in whole
or in part.
(b) Failure to meet all conditions attached to the final plat
approved for a development project shall constitute cause to deny
the issuance of any of the required use, occupancy or building permits, as may be appropriate.
Note: The purpose of this bill is to allow voluntary proffers
in lieu of impact statements.
This bill is recommended for passage during the 2003 regular
session by the Joint Standing Committee on Government Organization.
§8-24-86 and 87 are new; therefore, strike-throughs and
underscoring have been omitted.