West Virginia Code 8A-2-11 – Planning commission’s powers and duties
A planning commission has the following powers and duties:
Terms Used In West Virginia Code 8A-2-11
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Governing body: means the body that governs a municipality or county. See West Virginia Code 8A-1-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(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.