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2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 38. Municipal Economic Opportunity Development Districts › §8-38-19. Refunding Bonds

(a) Any bonds issued under this article and at any time outstanding may at any time, and from time to time, be refunded by a municipality by the issuance of its refunding bonds in amount as the municipality considers necessary to refund the principal of the bonds to be refunded, together with any unpaid interest thereon; to make any improvements or alterations in the economic opportunity development district project; and any premiums and commissions necessary to be paid in connection therewith.
(b) Any refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the redemption of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby: Provided, That the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption.
(c) Any refunding bonds issued under the authority of this article are subject to the provisions contained in section sixteen of this article and shall be secured in accordance with the provisions of section seventeen of this article.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 38. Municipal Economic Opportunity Development Districts › §8-38-20. Use of Proceeds From Sale of Bonds

(a) General. -– The proceeds from the sale of any bonds issued under authority of this article shall be applied only for the purpose for which the bonds were issued: Provided, That any accrued interest received in any sale shall be applied to the payment of the interest on the bonds sold: Provided, however, That if for any reason any portion of the proceeds may not be needed for the purpose for which the bonds were issued, then the unneeded portion of the proceeds may be applied to the purchase of bonds for cancellation or payment of the principal of or the interest on the bonds, or held in reserve for the payment thereof.
(b) Payment of costs. -– The costs that may be paid with the proceeds of the bonds include all development expenditures described in section five of this article and may also include, but not be limited to, the following:
(1) The cost of acquiring any real estate determined necessary;
(2) The actual cost of the construction of any part of an economic opportunity development district project which may be constructed, including architects', engineers', financial or other consultants' and legal fees;
(3) The purchase price or rental of any part of an economic opportunity development district project that may be acquired by purchase or lease;
(4) All expenses incurred in connection with the authorization, sale and issuance of the bonds to finance the acquisition and the interest on the bonds for a reasonable time prior to construction during construction and for not exceeding twelve months after completion of construction; and
(5) Any other costs and expenses reasonably necessary in the establishment and acquisition of an economic opportunity development district project and the financing thereof.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 38. Municipal Economic Opportunity Development Districts › §8-38-22. Exemption From Taxation

The revenue bonds and notes issued pursuant to this article and the income therefrom are exempt from taxation except inheritance, estate and transfer taxes; and the real and personal property which a municipality or district board acquires pursuant to the provisions of this article are exempt from taxation by the state, or any county, municipality or other levying body, as public property so long as the property is owned by the municipality or district board.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 38. Municipal Economic Opportunity Development Districts › §8-38-24. Application by Division of Highways

(a) The Commissioner of Highways may propose the creation by a county commission of an economic opportunity development district and project plans, or propose amendments to existing project plans.
(b) Projects proposed by the Commissioner of Highways are limited to those related to the construction, reconstruction, improvement or modernization of state roads, as defined in article four, chapter seventeen of this code, that are part of the state road system, as defined in that article or that will become part of the state road system upon completion of the construction. All construction, reconstruction, improvement or modernization and maintenance of state roads shall be done by or under the supervision of the Commissioner of Highways.
(c) All road projects that are accepted as part of the state road system, and all real property interests and appurtenances, shall be under the exclusive jurisdiction and control of the Commissioner of Highways, who may exercise the same rights and authority as he or she has over other transportation facilities in the state road system.
(d) Except as provided in an intergovernmental agreement executed by one or more county commissions, municipalities and/or the Commissioner of Highways and as provided in this article, a county commission or municipality may not be required to pay for the cost of constructing, reconstructing, improving, maintaining a road that is part of the state road system as defined in article four, chapter seventeen of this code or to pay any other expense fairly related to that road.
(e) The powers conferred by this article on the Commissioner of Highways or the Division of Highways are in addition and supplemental to the powers conferred upon the Commissioner of Highways, the Division of Highways, and the Department of Transportation by the Legislature elsewhere in this code.
2023 West Virginia Code › Chapter 8. Municipal Corporations › Article 39. Municipal Websites › §8-39-1. Accessible Municipal Records; Required Information

(a) Beginning on or before December 31, 2020, each municipality may maintain a website that provides the following information accessible to the public without charge:
(1) The title and name of each elected office holder;
(2) The contact information of each elected office holder, including office telephone number, facsimile number, office location, office hours, and mailing address:
Provided,
That the municipality may withhold contact information from disclosure that it deems necessary to protect their safety, the safety of their coworkers, and the integrity of law-enforcement operations
(3) A secure electronic means of contacting each elected office holder;
(4) A copy of each municipal ordinance in effect;
(5) A copy of the approved meeting minutes; and
(6) A schedule of regular meeting days for each calendar year.
(b) Each municipality shall update the information required pursuant to this section within 30 days of the date the change occurs and provide the updated information to the Office of Technology who shall update the information on the wv.gov website.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 2. Planning Commissions › §8A-2-7. Planning Commission Meetings

(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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 3. Comprehensive Plan › §8A-3-12. Validation of Prior Comprehensive Plans

(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, amended or replaced in accordance with this chapter.
(b) After the effective date of this chapter, amendments to prior plans shall be made in accordance with the provisions of this article.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 3. Comprehensive Plan › §8A-3-13. Intergovernmental Cooperation

(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 governing bodies and units of government affected by the comprehensive plan, and any other interested or affected governing body, unit of government or planning commission, must cooperate, participate, share information and give input when a planning commission prepares or amends a comprehensive plan.
(b) All planning commissions, governing bodies and units of government are authorized to cooperate and share information with each other and may adopt rules and regulations to coordinate and integrate planning.
(c) All planning commissions, governing bodies and units of government must make available, upon the request of a planning commission, any information, maps, documents, data and plans pertinent to the preparation of a comprehensive plan.
2023 West Virginia Code › Chapter 8A. Land Use Planning › 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.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 4. Subdivision and Land Development Ordinance › §8A-4-3. Enactment of Subdivision and Land Development Ordinance

(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 general circulation in the area as a Class I legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code, at least thirty days prior to the public hearing. The public notice must contain a brief summary of the principal provisions of the proposed subdivision and land development ordinance and a reference to the place or places where copies of the proposed subdivision and land development ordinance may be examined.
(c) After the public hearing, if the governing body makes other than technical amendments to the proposed subdivision and land development ordinance prior to voting on it, the governing body shall hold another public hearing and give public notice. The public notice shall be as provided in subsection (b) of this section, and must contain a brief summary of the amendments.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 4. Subdivision and Land Development Ordinance › §8A-4-7. Validation of Prior 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 repealed by action of the governing body taken under authority of this article. These ordinances shall have the same effect as though previously adopted as a comprehensive plan of land use or parts thereof.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-1. Jurisdiction of Planning Commissions

(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 development application within its jurisdiction.
(b) The staff of a planning commission has the authority to approve a minor subdivision or land development application within its jurisdiction, if granted such authority by the governing body in the subdivision and land development ordinance.
(c) If a subdivision or land development plan and plat cannot be approved through the minor subdivision or land development process, then an applicant must use the major subdivision or land development approval process.
(d) If a governing body has adopted detailed standards for final plats as part of a subdivision and land development ordinance, the planning commission may delegate to its staff the authority to approve preliminary or provisional land development plan or subdivision plat that is consistent with the adopted standards for final plats and the requirements of the adopted subdivision and land development ordinance.
(e) The planning commission may delegate to its staff the authority to determine completeness, phasing, changes, and technical review for major subdivisions or land development applications, if a governing body has adopted detailed process provisions, procedures, or checklists for major subdivisions or land development applications:
Provided
, That a staff review does not take longer than would a planning commission review. Any applicant may request, in writing to the planning commission, that such a delegated review shall revert to a planning commission review, in which case the time required for review begins at the date of the request.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-2. Requirements for a Minor Subdivision or Land Development

§8A-5-2. Requirements for a minor subdivision or land development.
(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 development ordinance for a minor subdivision or land development;
(2) Will not require the development of new or the extension of existing off-tract infrastructure; and
(3) Such other requirements as determined by the governing body to ensure that required improvements are installed and not avoided by a series of minor subdivisions or land developments.
(b) The following can be considered a minor subdivision or land development if approved by the planning commission:
(1) Merger or consolidation of parcels of land;
(2) Land transfers between immediate family members; and
(3) Minor boundary line adjustments.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-3. Application for Minor Subdivision or Land Development

(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 with the applicant to discuss the proposed subdivision or land development and the criteria used to classify the proposal as minor:
Provided
, That if the applicant requests such a meeting, staff shall meet with the applicant to discuss the proposed subdivision or land development and the criteria used to classify the proposal as minor.
(c) The staff of the planning commission may make a site inspection of the proposed subdivision or land development.
(d) Within ten days after the submission of the subdivision or land development plat or within five days of the meeting, between the planning commission staff and the applicant, whichever comes later, the staff of the planning commission shall notify the applicant in writing whether the proposed subdivision or land development has been classified a minor subdivision or land development.
PART II. MAJOR SUBDIVISION OR LAND DEVELOPMENT PROCESS.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-4. Approval of Minor Subdivision or Land Development Plans and Plats

(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 planning commission shall affix its seal on the plat.
(c) If the planning commission approves the plat with conditions, then the planning commission must state the conditions.
(d) If the planning commission denies the plat, then the planning commission shall notify the applicant in writing of the reasons for the denial.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-5. Recording of Minor Subdivision or Land Development Plat

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 the land is located.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-6. Application for Major Subdivision or Land Development

(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 receipt of the application, the planning commission, or its staff if the planning commission has delegated such authority, shall review the application for completeness and either accept or deny it:
Provided
, That if the planning commissions next regularly scheduled meeting that would meet public notice requirements is scheduled within 60 days of receipt of the application, it may review the application for completeness and either accept or deny it at its next regularly scheduled meeting.
(c) If the application is not complete, then the planning commission may deny the application and must notify the applicant in writing stating the reasons for the denial.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-7. Contents of a Major Subdivision or Land Development Plan and Plat

(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 ordinance does not specify what may be included in a subdivision or land development plan and plat, then the following may be included, when applicable, in a subdivision or land development plan and plat:
(1) Show that the subdivision or land development conforms to the governing body's comprehensive plan;
(2) A method of payment to cover the cost of the water and sewer service infrastructure, which can include, but is not limited to, bonds, impact fees, escrow fees and proffers;
(3) Coordination among land development with adjoining land owners, including, but not limited to, facilities and streets;
(4) Distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience and the harmonious development of the municipality or county;
(5) Show that there is a fair allocation of areas for different uses, including, but not limited to, streets, parks, schools, public and private buildings, utilities, businesses and industry;
(6) Show that there is a water and sewer supply;
(7) Setback and lot size measures were used;
(8) The standards used for designating land which is subject to flooding or subsidence, details for making it safe, or information showing that such land will be set aside for use which will not endanger life or property and will not further aggravate or increase the existing menace;
(9) The control measures for drainage, erosion and sediment;
(10) The coordination of streets, sidewalks and pedestrian pathways in and bordering the land development, including a letter from the Division of Highways stating that the plan provides sufficient access to state roads; and
(11) The design, construction and improvement measures to be used for the streets, sidewalks, easements, rights-of-way, drainage, utilities, walkways, curbs, gutters, street lights, fire hydrants, water and wastewater facilities, and other improvements installed, including the width, grade and location for the purpose of accommodating prospective traffic, customers and facilitating fire protection.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-9. Recording of Major Subdivision or Land Development Plat

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 where the land is located. If the land is located in more than one county, then the land development plat shall be recorded in the county of the initial land development and subsequently recorded in the other counties when there is land development in that county.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-10. Appeal Process

(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 established a board of subdivision and land development appeals by ordinance.
(b) Within thirty days after the date of the denial, the petition, specifying the grounds of the appeal in writing, must be filed with:
(1) The circuit court of the county in which the affected land or the major portion of the affected land is located; or
(2) The board of subdivision and land development appeals that has jurisdiction over the affected land.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-11. Effect of Approval of Land Development Plans and Plats

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.