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Committee Substitute House Bill 4527 History

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COM SUB 1 LINE
COMMITTEE SUBSTITUTE

FOR

H. B. 4527

(By Delegates Manchin, Caputo and Longstreth)


(Originating in the Committee on Finance)


[February 22, 2008]


A BILL to amend and reenact §8A-4-1 and §8A-4-2 of the Code of West Virginia, 1931, as amended, all relating to allowing county commissions to regulate subdivisions and land development without adopting a comprehensive plan.

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
(2) Enacting a subdivision and land development ordinance;
(1) Adopting a comprehensive plan and enacting a subdivision and land development ordinance; or
(2) Establishing a planning commission and enacting a 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.
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