2005 West Virginia Code - §7-1-3mm. — Transfer of development rights in growth counties.

§7-1-3mm. Transfer of development rights in growth counties.
(a) In addition to all other powers and duties now conferred by law upon county commissions, if a county has been designated as a growth county, as that term is defined in section three, article twenty, chapter seven of this code, those county commissions, upon approval by a majority of the legal votes cast at an election as provided in section three-nn of this article, are hereby authorized to, as part of a county-wide zoning ordinance, which has been in effect for a minimum of five years, establish a program for the transfer of development rights, in order to:
(1) Encourage the preservation of natural resources;
(2) Protect the scenic, recreational and agricultural qualities of open lands; and
(3) Facilitate orderly growth and development in the county.
(b) The program for the transfer of development rights may provide for:
(1) The voluntary transfer of the development rights permitted on any parcel of land to another parcel of land;
(2) Restricting or prohibiting further development of the parcel from which development rights; and
(3) Increasing the density or intensity of development of the parcel to which such rights are transferred.
(c) The program for the transfer of development rights shall:
(1) Designate a universal program for which development rights may be transferred from any parcel of land to any other parcel of land;
(2) Provide that any rights transferred under this section be for ten years; and
(3) Any rights purchased, but not used for development, revert to the original owner after ten years.
(d) The county commission may not set a price for any development rights that are proposed to be transferred or received.
(e) "Transferable development rights" means an interest in real property that constitutes the right to develop and use property under the zoning ordinance which is made severable from the parcel to which the interest is appurtenant and transferable to another parcel of land for development and use in accordance with the zoning ordinance. Transferable development rights may be transferred by deed from the owner of the parcel from which the development rights are derived and upon the transfer shall vest in the grantee and be freely alienable. The zoning ordinance may provide for the method of transfer of these rights and may provide for the granting of easements and reasonable regulations to effect and control transfers and assure compliance with the provisions of the ordinance.