The Draft Subdivision Regulations is comprised of 5 parts, The Draft Ordinance, and 4 Appendices, A through D.
The Draft Ordinance Required per WV8A Articles 4, 5, and 6 (52 pages long)
When creating a set of subdivision regulations, the County Commission is obligated to incorporate all mandatory elements of WV8A in order to comply with State Code. This section of the document is what is mandated by WV8A, and is what Planning Staff and the MCPC will use to ensure that subdivisions follow the outlined provisions.
Appendix A, Definitions Not required per WV8A (15 pages long)
While not required, it allows for less ambiguity where certain words are concerned. For example, if Planning Staff were to ask 10 people what defines a road, we would most likely get 10 different answers. By succinctly defining what is and is not a road in the definitions sections it ensures even application among all projects considered. In the Draft Regulations, Staff has defined a road as: A strip of land, comprising the entire area within the right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. However, the establishment of a common driveway for access purposes for no more than three separate parcels contiguous to one another shall not be considered a street as this term is defined.
Appendix B, Parking Standards, Required per WV8A-4-2,a,5 (5 pages long)
To make the process easier for everyone involved, Planning Staff has taken ‘Off Street Parking Requirements Table’ from Article 2500 of the West Run Zoning Ordinance and used that as the standard. This prevents both Staff and potential developers from having to utilize and remember two different sets of requirements. It also prevents possible conflicting requirements if each document gives different requirements for something like a car wash.
Appendix C, Fee Schedule, Required per WV8A-4-2,a,12 (1 page long)
It specifies what developers will have to pay for applications and other pertinent services.
Appendix D, WV Codes Section 36B, Not required per WV8A (38 pages long)
While not required, it has been included as it is directly referenced in Article 14 and is the MCPC’s basis for the split between permitted number of lots for the Minor (12 lots) and Major (12 plus lots).