reglab/housing_qa huggingface dataset:
WV Code § 8A-1-1 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 1. General Provisions|§8A-1-1. Legislative Findings

(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 a vision for the future is important when deciding uses for and development of land;(4) That sprawl is not advantageous to a community;(5) A comprehensive plan is a guide to a community's goals and objectives and a way to meet those goals and objectives;(6) That the needs of agriculture, residential areas, industry and business be recognized in future growth;(7) That the growth of the community is commensurate with and promotive of the efficient and economical use of public funds;(8) Promoting growth that is economically sound, environmentally friendly and supportive of community livability to enhance quality of life is a good objective for a governing body; and(9) Governing bodies of municipalities and counties need flexibility when authorizing land development and use.(b) Therefore, the Legislature encourages and recommends the following:(1) The goal of a governing body should be to have a plan and a vision for the future, and an agency to oversee it;(2) A governing body should have a planning commission, to serve in an advisory capacity to the governing body, and promote the orderly development of its community;(3) A comprehensive plan should be the basis for land development and use, and be reviewed and updated on a regular basis;(4) A goal of a governing body should be to reduce sprawl;(5) That planning commissions prepare a comprehensive plan and governing bodies adopt the comprehensive plans;(6) Governing bodies, units of government and planning commissions work together to provide for a better community;(7) Governing bodies may have certain regulatory powers over developments affecting the public welfare; and(8) Based upon a comprehensive plan, governing bodies may:(A) Enact a subdivision and land development ordinance;(B) Require plans and plats for land development;(C) Issue improvement location permits for construction; and(D) Enact a zoning ordinance.
WV Code § 8A-2-1 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 2. Planning Commissions|§8A-2-1. Planning Commissions Authorized

(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 planning commission to promote the orderly development of land and reduce duplication of effort.(c) The planning commission shall serve in an advisory capacity to the governing body or governing bodies that created it and have certain regulatory powers over land planning.(d) Governing bodies and planning commissions are authorized to carry out the objectives and overall purposes of this chapter.(e) A planning commission has only those powers, duties and jurisdiction as given to it in the ordinance creating it.
WV Code § 8A-2-2 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 2. Planning Commissions|§8A-2-2. Continuation of Established Planning Commissions

(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 action taken under the authority of this chapter.(b) The membership of an existing planning commission shall continue unchanged until the first regular meeting, after the enactment of this chapter, of the governing body that established the planning commission. At that time, any appointments or changes necessary shall be made to bring the membership of the existing planning commission into conformity with the provisions of this chapter.
WV Code § 8A-2-6 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 2. Planning Commissions|§8A-2-6. Sharing Planning Commissions

(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 powers, authority and duties granted under this article to a municipal planning commission.(b) The county commission of a county with a municipal planning commission may, by ordinance, designate the municipal planning commission as the county planning commission. A municipal planning commission designated as a county planning commission has all the powers, authority and duties granted under this article to a county planning commission.(c) If a municipality is located in more than one county, this section only applies to the county where the major portion of the territory of the municipality is located.(d) Municipalities and counties may contract annually with each other to pay expenses for shared planning commissions.
WV Code § 8A-2-7 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 2. Planning Commissions|§8A-2-7. Planning Commission Meetings

(a) A planning commission shall meet at least quarterly and may meet more frequently at the request of the president or by two or more members.(b) Notice for a special meeting must be in writing, include the date, time and place of the special meeting, and be sent to all members at least two days before the special meeting.(c) Written notice of a special meeting is not required if the date, time and place of the special meeting were set in a regular meeting.
WV Code § 8A-2-8 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 2. Planning Commissions|§8A-2-8. Quorum

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.
WV Code § 8A-2-9 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 2. Planning Commissions|§8A-2-9. Officers

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.
WV Code § 8A-2-10 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 2. Planning Commissions|§8A-2-10. Governing Body's Duties

(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 plans, maps, documents and accounts; and(2) Appropriate money to defray the reasonable expenses of the planning commission.(b) In the ordinance creating a multicounty planning commission, a regional planning commission or a joint planning commission, the governing bodies shall designate office space and will each equally appropriate money sufficient to defray the reasonable expenses of the planning commission.(c) Planning commissions are authorized to accept gifts, funds and donations which will be deposited with the appropriate governing body in a special nonreverting planning commission fund to be available for expenditures by the planning commission for the purpose designated by the donor.
WV Code § 8A-2-11 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 2. Planning Commissions|§8A-2-11. Planning Commission's Powers and Duties

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 regulations are adopted by the governing body;(3) Supervise the fiscal affairs and responsibilities of the commission;(4) With consent from the governing body, hire employees necessary to carry out the duties and responsibilities of the planning commission: Provided, That the governing body sets the salaries;(5) Keep an accurate and complete record of all planning commission proceedings;(6) Record and file all bonds and contracts;(7) Take responsibility for the custody and preservation of all papers and documents of the planning commission;(8) Make recommendations to the appropriate governing body concerning planning;(9) Make an annual report to the appropriate governing body concerning the operation of the planning commission and the status of planning within its jurisdiction;(10) Prepare, publish and distribute reports, ordinances and other material relating to the activities authorized under this article;(11) Adopt a seal, and certify all official acts;(12) Invoke any legal, equitable or special remedy for the enforcement of the provisions of this article or any ordinance, rule and regulation or any action taken thereunder;(13) Prepare and submit an annual budget to the appropriate governing body;(14) If necessary, establish advisory committees;(15) Delegate limited powers to a committee composed of one or more members of the commission; and(16) Contract for special or temporary services and professional counsel with the approval of the governing body. Upon request, a county prosecuting attorney, the county surveyor, the county engineer, or any other county employee may render assistance and service to a planning commission without compensation.
WV Code § 8A-3-1 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-1. Purpose and Goals of a Comprehensive Plan

(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 process through which citizen participation and thorough analysis are used to develop a set of strategies that establish as clearly and practically as possible the best and most appropriate future development of the area under the jurisdiction of the planning commission. A comprehensive plan aids the planning commission in designing and recommending to the governing body ordinances that result in preserving and enhancing the unique quality of life and culture in that community and in adapting to future changes of use of an economic, physical or social nature. A comprehensive plan guides the planning commission in the performance of its duties to help achieve sound planning.(c) A comprehensive plan must promote the health, safety, morals, order, convenience, prosperity and general welfare of the inhabitants, as well as efficiency and economy in the process of development.(d) The purpose of a comprehensive plan is to:(1) Set goals and objectives for land development, uses and suitability for a governing body, so a governing body can make an informed decision;(2) Ensure that the elements in the comprehensive plan are consistent;(3) Coordinate all governing bodies, units of government and other planning commissions to ensure that all comprehensive plans and future development are compatible;(4) Create conditions favorable to health, safety, mobility, transportation, prosperity, civic activities, recreational, educational, cultural opportunities and historic resources;(5) Reduce the wastes of physical, financial, natural or human resources which result from haphazard development, congestion or scattering of population;(6) Reduce the destruction or demolition of historic sites and other resources by reusing land and buildings and revitalizing areas;(7) Promote a sense of community, character and identity;(8) Promote the efficient utilization of natural resources, rural land, agricultural land and scenic areas;(9) Focus development in existing developed areas and fill in vacant or underused land near existing developed areas to create well designed and coordinated communities; and(10) Promote cost-effective development of community facilities and services.(e) A comprehensive plan may provide for innovative land use management techniques, including:(1) Density bonuses and/or density transfer;(2) Clustering;(3) Design guidelines, including planned unit developments;(4) Conservation easements;(5) Infill development;(6) Consolidation of services; and(7) Any other innovative land use technique that will promote the governing body's development plans.
WV Code § 8A-3-2 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-2. Study Guidelines for a Comprehensive Plan

(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 comprehensive surveys and studies may cover such factors as population density, health, general welfare, historic sites, mobility, transportation, food supply, education, water and sanitation requirements, public services, accessibility for the disabled and future potential for residential, commercial, industrial or public use.(c) The major objective of the planning process is providing information to and coordination among divergent elements in the municipality or county. The elements in the comprehensive plan shall be consistent and governing bodies, units of government and planning commissions must work together to ensure that comprehensive plans and future development are compatible.
WV Code § 8A-3-3 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-3. Authority for Planning Commission

(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 comprehensive plan may include the planning of towns, villages or municipalities to the extent to which, in the planning commission’s judgment, they are related to the planning of the unincorporated territory of the county as a whole: Provided, That the comprehensive plan shall not be considered a comprehensive plan for any town, village or municipality without the consent of the planning commission and/or the governing body of the town, village or municipality.(c) A comprehensive plan should be coordinated with the plans of the Department of Transportation, insofar as it relates to highways, thoroughfares, trails, and pedestrian ways under the jurisdiction of that planning commission.(d) A county planning commission may prepare a comprehensive plan for either the entire county or a part of the county.(e) A multicounty, regional or joint planning commission may prepare a comprehensive plan for land within its jurisdiction.(f) Counties and municipalities may by written agreement establish a joint airport hazard comprehensive plan for the purpose of satisfying requirements of federal aviation law, protecting the public safety, and preventing hazardous conditions. The joint written agreement shall set forth the boundaries of the airport overlay district and any requirements that would apply within the district, without the need for the adoption of a full comprehensive plan within a municipality or county. The joint agreement becomes effective once each entity takes the appropriate steps, including submission to a planning commission and public hearing, for the establishment or modification of a full or comprehensive plan within its jurisdiction. Any modifications to the written agreement made by one entity must be adopted by the other entity or entities for the agreement to become valid: Provided, That where the provisions of any such agreement result in a diminution in property value to a property owner, the governing authority responsible shall provide just compensation: Provided, however, That any joint written agreement affecting a regional airport shall require the approval of the regional airport’s governing body to be effective.
WV Code § 8A-3-5 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-5. Optional Components of a Comprehensive Plan

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 area from all types of pollution and promote a healthy environment.(3) Tourism. –- Recommend programs to promote tourism and cultural and heritage development in the area.(4) Conservation. -- Recommend programs to conserve and protect wildlife, natural habitats, sensitive natural areas, green spaces and direct access to sunlight.(5) Safety. -- Recommend public safety programs to educate and protect the public from disasters, both natural and man-made.(6) Natural resources use. –- Identify areas for natural resources use in an urban area.
WV Code § 8A-3-6 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-6. Notice and Public Participation Requirement for a Comprehensive Plan

(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 planning commission shall publish a notice of the date, time and place of the public hearing as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area shall be the area covered by the comprehensive plan.(c) A planning commission shall include public participation throughout the process of studying and preparing a comprehensive plan and amending a comprehensive plan. A planning commission shall adopt procedures for public participation throughout the process of studying and preparing or amending a comprehensive plan.(d) A planning commission shall request input from other affected governing bodies and units of government.
WV Code § 8A-3-7 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-7. Submission of Comprehensive Plan

(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 consideration and adoption.(b) At the first meeting of the applicable governing body following the submission of the recommended comprehensive plan by the planning commission to the governing body, the planning commission shall present the recommended comprehensive plan to the governing body.(c) After the presentation of the recommended comprehensive plan by the planning commission to the governing body and prior to adoption, the governing body shall hold a public hearing after giving notice.(d) At least fifteen days prior to the date set for the public hearing, the planning commission shall publish a notice of the date, time and place of the public hearing as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area shall be the area covered by the comprehensive plan.
WV Code § 8A-3-8 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-8. Adoption of Comprehensive Plan by Governing Body

(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 adopted by the governing body, then the governing body may adopt the comprehensive plan as an ordinance or designate what other effect the comprehensive plan may have.(c) If the comprehensive plan is adopted by the governing body and an ordinance is published, the comprehensive plan may be incorporated by reference in the ordinance and the full text of the comprehensive plan does not have to be published.
WV Code § 8A-3-9 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-9. Filing the Comprehensive Plan

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 certified copy of the adopted comprehensive plan must be filed in the office of the clerk of the county commission of each county covered by the adopted comprehensive plan.
WV Code § 8A-3-10 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-10. Rejection or Amendment of Comprehensive Plan by Governing Body

(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 forty-five days to consider the rejection or amendment and make recommendations to the governing body.(c) If the planning commission approves the amendment to the comprehensive plan, then the comprehensive plan shall stand as adopted by the governing body.(d) If the planning commission disapproves of the rejection or amendment, then the planning commission shall state its reasons in its written recommendations to the governing body.(e) Within forty-five days of receipt of the planning commission's written recommendations for disapproval, the governing body must act on the comprehensive plan.(f) If the planning commission does not file a written recommendation with the governing body within forty-five days, then the action in rejecting or amending the comprehensive plan is final.
WV Code § 8A-3-11 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 3. Comprehensive Plan|§8A-3-11. Amending Comprehensive Plan After Adoption

(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, all amendments to the comprehensive plan shall be made by the planning commission and recommended to the governing body for adoption in accordance with the procedures set forth in sections six, seven, eight and nine of this article. The planning commission shall hold a public hearing prior to its recommendation to the governing body.(c) If a governing body wants an amendment, it may request in writing for the planning commission to prepare an amendment. The planning commission must hold a public hearing within one hundred twenty days after the written request by the governing body to the planning commission is received.(d) Within the latter of ninety days or three scheduled meetings after the submission of the recommended amendment to the comprehensive plan to the governing body, the governing body must act by either adopting, rejecting or amending the comprehensive plan.