(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:

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Terms Used In West Virginia Code 8A-5-2

  • Governing body: means the body that governs a municipality or county. See West Virginia Code 8A-1-2
  • Land development: means the development of one or more lots, tracts or parcels of land by any means and for any purpose, but does not include easements, rights-of-way or construction of private roads for extraction, harvesting or transporting of natural resources. See West Virginia Code 8A-1-2
  • Plan: means a written description for the development of land. See West Virginia Code 8A-1-2
  • Planning commission: means a municipal planning commission, a county planning commission, a multicounty planning commission, a regional planning commission or a joint planning commission. See West Virginia Code 8A-1-2
  • Plat: means a map of the land development that becomes its official recorded representation in the office of the clerk of the county commission where a majority of the land to be developed lies. See West Virginia Code 8A-1-2

(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.