Email: Chapter 8A, Article 4, Section 2
§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.
(c) All requirements, for the vesting of property rights contained in an ordinance enacted pursuant to this section that require the performance of any action within a certain time period for any subdivision or land development plan or plat valid under West Virginia law and outstanding as of January 1, 2010, shall be extended until July 1, 2012, or longer as agreed to by the municipality, county commission or planning commission. The provisions of this subsection also apply to any requirement that a use authorized pursuant to a special exception, special use permit, conditional use permit or other agreement or zoning action be terminated or ended by a certain date or within a certain number of years.