Chapter 8A, Chapter 8A

(a) The Legislature finds, as the object of this chapter, the following: (1) That planning land development and land use is vitally important to a community; (2) A planning commission is helpful to a community to plan for land development, land use and the future; (3) A plan and …

As used in this chapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (a) "Abandonment" means the relinquishment of property or a cessation of the use of the property by the owner or lessee without any intention of tra…

(a) A governing body of a municipality or county may, by ordinance, create a planning commission to promote the orderly development of its jurisdiction. (b) Governing bodies may, by ordinance, create a multicounty planning commission, a regional planning commission or a joint pla…

(a) The county commission in the case of a county planning commission, and the governing body of the municipality in the case of a municipal planning commission, shall provide the planning commission with: (1) Suitable offices for the holding of meetings and the preservation of p…

A planning commission has the following powers and duties: (1) Exercise general supervision for the administration of the affairs of the commission; (2) Prescribe rules and regulations pertaining to administration, investigations and hearings: Provided, That the rules and regulat…

(a) A planning commission established prior to the effective date of this chapter shall continue to operate as though established under the terms of this chapter. All actions lawfully taken under prior acts are hereby validated and continued in effect until amended or repealed by…

(a) A municipal planning commission in a Class I, II, or III city shall have not less than five nor more than 15 members, the exact number to be specified in the ordinance creating the planning commission. A municipal planning commission in a Class IV town or village shall have n…

(a) A county planning commission shall have not less than five nor more than 15 members, the exact number to be specified in the ordinance creating the planning commission. (b) Each member of a county planning commission must be: (1) A West Virginia resident who has maintained co…

(a) A multicounty planning commission, a regional planning commission, or a joint planning commission shall have not less than five nor more than 15 members, the exact number to be specified in the ordinance creating the planning commission. (b) Each member of a multicounty plann…

(a) The governing body of a municipality located within a county with a planning commission may, by ordinance, designate the county planning commission as the municipal planning commission. A county planning commission designated as a municipal planning commission has all the pow…

(a) When there is business to conduct, a planning commission shall meet at least quarterly. In any event, a planning commission shall meet at least semiannually and may meet more frequently at the request of the president or by two or more members. (b) Notice for a special meetin…

A planning commission must have quorum to conduct a meeting. A majority of the members of a planning commission is a quorum. No action of a planning commission is official unless authorized by a majority of the members present at a regular or properly called special meeting.

At its first regular meeting each year, a planning commission shall elect from its members a president and vice president. The vice president shall have the power and authority to act as president of the planning commission during the absence or disability of the president.

(a) The general purpose of a comprehensive plan is to guide a governing body to accomplish a coordinated and compatible development of land and improvements within its territorial jurisdiction, in accordance with present and future needs and resources. (b) A comprehensive plan is…

(a) If a governing body rejects or amends the recommended comprehensive plan, then the comprehensive plan must be returned to the planning commission for its consideration, with a written statement of the reasons for the rejection or amendment. (b) The planning commission has for…

(a) After the adoption of a comprehensive plan by the governing body, the planning commission shall follow the comprehensive plan, and review the comprehensive plan and make updates at least every ten years. (b) After the adoption of a comprehensive plan by the governing body, al…

(a) The adoption of a comprehensive plan or any general development plans by a planning commission, under the authority of prior acts, is hereby validated and the plans may continue in effect for ten years after the effective date of this chapter or until the plans are revised, a…

(a) With a view to coordinating and integrating the planning of municipalities and/or counties with each other, all governing bodies and units of government within the lands under the jurisdiction of the planning commission preparing or amending a comprehensive plan, all governin…

The jurisdiction of a municipal planning commission shall not extend beyond the corporate limits of the municipality.

(a) When preparing or amending a comprehensive plan, a planning commission shall make comprehensive surveys and studies of the existing conditions and services and probable future changes of such conditions and services within the territory under its jurisdiction. (b) The compreh…

(a) A planning commission shall prepare a comprehensive plan for the development of land within its jurisdiction. A planning commission shall then recommend the comprehensive plan to the appropriate governing body for adoption. (b) A county, multicounty, regional or joint compreh…

(a) The comprehensive plan is a written statement on present and future land use and development patterns consisting of descriptive materials, including text, graphics and maps, covering the objectives, principles and guidelines for the orderly and balanced present and future eco…

The comprehensive plan may have, but is not limited to, the following components: (1) History. -- An analysis of the history of the area to better provide for the future. (2) Environmental. –- Recommend programs where appropriate to appropriate regulatory agencies to protect the …

(a) Prior to recommending a new or amended comprehensive plan to a governing body for adoption, the planning commission shall give notice and hold a public hearing on the new or amended comprehensive plan. (b) At least thirty days prior to the date set for the public hearing, the…

(a) After the comprehensive plan is prepared and before it is approved, the planning commission shall hold a public hearing. After the public hearing and approval, the planning commission shall submit the recommended comprehensive plan to the applicable governing body for conside…

(a) Within the latter of ninety days or three scheduled meetings after the submission of the recommended comprehensive plan to the governing body, the governing body must act by either adopting, rejecting or amending the comprehensive plan. (b) If the comprehensive plan is adopte…

After the adoption of a comprehensive plan by a governing body, the governing body must file the adopted comprehensive plan in the office of the clerk of the county commission where the comprehensive plan applies. If an adopted comprehensive plan covers more than one county, a ce…

(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 subdi…

(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 appr…

(a) Before a governing body enacts a subdivision and land development ordinance, the governing body shall hold at least one public hearing and give public notice. (b) The public notice of the date, time and place of the public hearing must be published in a local newspaper of gen…

After the enactment of the subdivision and land development ordinance by a governing body, the governing body must file the enacted subdivision and land development ordinance in the office of the clerk of the county commission where the subdivision and land development ordinance …

After the enactment of the subdivision and land development ordinance by the governing body, all amendments to the subdivision and land development ordinance shall be made by the governing body after holding a public hearing with public notice.

After enactment of a subdivision and land development ordinance by the governing body, all subsequent subdivisions and land development must be done in accordance with the provisions of the subdivision and land development ordinance.

All subdivision and land development ordinances, all amendments, supplements and changes to the ordinance, legally adopted under prior acts, and all action taken under the authority of the ordinance, are hereby validated and the ordinance shall continue in effect until amended or…

(a) A planning commission has the authority to: (1) Approve a minor subdivision or land development application within its jurisdiction; (2) Exempt an application for a minor subdivision or land development within its jurisdiction; and (3) Approve a major subdivision or land deve…

(a) An appeal may be made by an aggrieved person from any decision or ruling of the planning commission to: (1) The circuit court, pursuant to the provisions of article nine of this chapter; or (2) A board of subdivision and land development appeals, if the governing body has est…

A land development plan and plat that has not been approved by the planning commission is without legal effect: Provided, That failure to comply with this article shall not invalidate or affect the title to any land within the area of the land development plat.

(a) A vested property right is a right to undertake and complete the land development. The right is established when the land development plan and plat is approved by the planning commission and is only applicable under the terms and conditions of the approved land development pl…

(a) An application for approval of a subdivision or land development plan and plat may be considered a minor subdivision or land development if it meets the following requirements: (1) Only creates the maximum number of lots specifically permitted by the subdivision and land deve…

(a) An applicant submits a copy of a land development plat and the fees to the planning commission having jurisdiction over the land. (b) Within seven days after the submission of the subdivision or land development plat, the staff of the planning commission shall offer to meet w…

(a) Within ten days after a plat has been classified a minor subdivision or land development, then the planning commission or staff, if the authority has been given by the governing body, shall approve or deny the plat. (b) If the planning commission approves the plat, then the p…

After approval of a minor subdivision or land development plat by the planning commission and before the subdivision or development is commenced, the subdivision or land development plat shall be recorded by the applicant in the office of the clerk of the county commission where …

(a) An applicant for approval of a major subdivision or land development plan and plat shall submit written application, a copy of the proposed land development plan and plat, and the fees to the planning commission having jurisdiction over the land. (b) Within 45 days after rece…

(a) A land development plan and plat must include everything required by the governing body's subdivision and land development ordinance. (b) If a governing body does not have a subdivision and land development ordinance or if a governing body's subdivision and land development o…

(a) Upon written request of the applicant for a determination, the planning commission must determine by vote at the next regular meeting or at a special meeting, whether or not the application is complete based upon a finding that the application meets the requirements set forth…

After approval of a major subdivision or land development plat by the planning commission and after the conditions of the planning commission are met, the subdivision or land development plat shall be recorded by the applicant in the office of the clerk of the county commission w…

(a) If a bond is used as an acceptable method of security for infrastructure construction, then it shall meet the following requirements: (1) Be in an amount to cover the infrastructure construction, as determined by the governing body; (2) Be payable to the governing body; (3) H…

(a) A subdivision and land development 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 section, a "voluntary proffer" is a written offer by a landowner to a governing bod…

(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, but not limited to, the authority to: (1) Order, in writing, the remedy for any noncompliance with…

(a) The governing body of a municipality or a county may regulate land use within its jurisdiction by: (1) Adopting a comprehensive plan; (2) Working with the planning commission and the public to develop a zoning ordinance; and (3) Enacting a zoning ordinance. (b) A zoning ordin…