West Virginia Code 8A-1-1 – Legislative findings
(a) The Legislature finds, as the object of this chapter, the following:
Terms Used In West Virginia Code 8A-1-1
- 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
- Sprawl: means poorly planned or uncontrolled growth, usually of a low-density nature, within previously rural areas, that is land consumptive, auto-dependent, designed without respect to its surroundings, and some distance from existing development and infrastructure. See West Virginia Code 8A-1-2
- Zoning: means the division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones. See West Virginia Code 8A-1-2
(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.