ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4527
(By Delegates Manchin, Caputo and Longstreth)
[Passed March 8, 2008; in effect ninety days from passage.]
AN ACT to amend and reenact §8A-4-1 and §8A-4-2 of the Code of West
Virginia, 1931, as amended, all relating to subdivision and
land development ordinances; and providing an option to
counties and municipalities to regulate subdivisions and land
development.
Be it enacted by the Legislature of West Virginia:
That §8A-4-1 and §8A-4-2 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 4. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.
§8A-4-1. Subdivision and land development ordinances authorized.
(a) The governing body of a municipality or a county may
regulate subdivisions and land development within its jurisdiction
by:
(1) Adopting a comprehensive plan and enacting a subdivision
and land development ordinance; or
(2) Establishing a planning commission, enacting a subdivision
and land development ordinance, and adopting a comprehensive plan
for the area included in the subdivision and land development
ordinance within three years of the enactment of the subdivision
and land development ordinance.
(b) A municipality may adopt, by reference, the subdivision
and land development ordinance of the county in which it is
located.
(c) With the prior approval of the county planning commission,
a municipality may, by ordinance, designate the county planning
commission as the planning commission for the municipality to
review and approve subdivision or land development plans and plats.
§8A-4-2. Contents of subdivision and land development ordinance.
(a) A subdivision and land development ordinance shall include
the following provisions:
(1) A minor subdivision or land development process, including
criteria, requirements and a definition of minor subdivision;
(2) The authority of the planning commission and its staff to
approve a minor subdivision or land development;
(3) A major subdivision or land development process, including
criteria and requirements;
(4) The authority of the planning commission to approve a
major subdivision or land development;
(5) The standards for setback requirements, lot sizes, streets, sidewalks, walkways, parking, easements, rights-of-way,
drainage, utilities, infrastructure, curbs, gutters, street lights,
fire hydrants, storm water management and water and wastewater
facilities;
(6) Standards for flood-prone or subsidence areas;
(7) A review process for subdivision or land development plans
and plats by the planning commission;
(8) An approval process for subdivision or land development
plans and plats by the planning commission, including the authority
to approve subdivision or land development plans and plats with
conditions;
(9) A process to amend final approved subdivision or land
development plans and plats;
(10) A requirement that before development of the land is
commenced, subdivision and land development plans and plats must be
approved by the applicable planning commission, in accordance with
the comprehensive plan, if a comprehensive plan has been adopted;
(11) A requirement that after approval of the subdivision or
land development plat by the planning commission and before the
subdivision or development of the land is commenced, the
subdivision and land development plat shall be recorded in the
office of the clerk of the county commission where a majority of
the land to be developed lies;
(12) A schedule of fees to be charged which are proportioned to the cost of checking and verifying proposed plats;
(13) The process for granting waivers from the minimum
standards of the subdivision and land development ordinance;
(14) Improvement location permit process, including a
requirement that a structure or development of land is prohibited
without an improvement location permit;
(15) The acceptable methods of payment to cover the cost of
the water and sewer service infrastructure, which can include, but
are not limited to, bonds, impact fees, escrow fees and proffers;
(16) The process for cooperating and coordinating with other
governmental agencies affected by the subdivision and land
development and use; and
(17) Penalties for violating the subdivision and land
development ordinance.
(b) A subdivision and land development ordinance may include
the following provisions:
(1) Establishing a board of subdivision and land development
appeals with the same powers, duties and appeals process as set out
for the board of zoning appeals under the provisions of article
eight of this chapter;
(2) Requirements for green space, common areas, public
grounds, walking and cycling paths, recreational trails, parks,
playgrounds and recreational areas;
(3) Encourage the use of renewable energy systems and energy-conserving building design;
(4) Vested property right, including requirements;
(5) Exemptions of certain types of land development from the
subdivision and land development ordinance requirements, including,
but not limited to, single-family residential structures and farm
structures; and
(6) Any other provisions consistent with the comprehensive
plan the governing body considers necessary.