There is a Berkeley County Comprehensive Development Plan.

The West Virginia Code requires our Plannning Commissioners to follow this plan.

The entire Comprehensive Plan is incorporated by reference in the Subdivision Ordinance.

The Planning Commission’s function is to administer the Subdivision Regulations.

The Statement of Purpose of the Subdivision Regulations reads, in part,“To guide land development with the goals, policies and recommendations of the Berkeley County Comprehensive Plan.”

The West Virginia Supreme Court of Appeals has spoken in support of the Comprehensive Plan.

In McFillan v. This Planning Commission - 1993- the Court states, “It is clear that the historic distinction we have made between zoning and planning has been largely obliterated because both concepts are now incorporated into a Comprehensive Plan.”

For a subdivision to be approved it must be consistent with the Comprehensive Plan.

We ask our Commissioners to review the Comprehensive Plan and exercise due diligence in the performance of their duty.

§8A-3-11. Amending comprehensive plan after adoption.
(a) After the adoption of a comprehensive plan by the governing body, the planning commission shall follow the comprehensive plan, and review the comprehensive plan and make updates at least every ten years.

(c) If the comprehensive plan is adopted by the governing body and an ordinance is published, the comprehensive plan may be incorporated by reference in the ordinance and the full text of the comprehensive plan does not have to be published.

Section 105. Statement of Purpose

PRELIMINARY PLAT

Planning Commission Reviews application, Preliminary Plat and other material to determine conformity to subdivision standards and consistency with the Comprehensive Plan.

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

September 1993 Term
No. 21667

MARION V. MCFILLAN, JR.,
Plaintiff Below, Appellant

v.

BERKELEY COUNTY PLANNING COMMISSION,
Defendant Below, Appellee

II. It is clear from the comprehensive nature of the provisions in W. Va. Code, 8-24-1, et seq., that the historic distinction we have made between zoning and planning has been largely obliterated because both concepts are now incorporated into a comprehensive plan. W. Va. Code, 8-24-39 (1988), gives broad zoning authority power over a variety of different subjects. Moreover, a comprehensive subdivision plan under W. Va. Code, 8-24-28, may contain both zoning and building restrictions through its use of the term "comprehensive plan."

If you want to get into further detail on the legalities,  let me know.