On the agenda: Morgantown meeting — flock camera (Aug 11)

MORGANTOWN

304-284-7439

Morgantownwv.gov

CITY CLERK

389 Spruce St.
Morgantown, WV 26505

AMENDED AGENDA
CITY REGULAR MEETING
City Hall Council Chambers, 389 Spruce Street, 2nd Floor, Morgantown, WV 26505
Tuesday, August 11, 2026, at 7:00 PM
This meeting will be broadcast live via YouTube at City of Morgantown - YouTube
(https://www.youtube.com/@CityofMorgantown/streams)

1. PLEDGE:
2. CALL TO ORDER:
3. ROLL CALL:
4. APPROVAL OF MINUTES:
A. July 21, 2026, Regular Meeting Minutes
B. July 28, 2026, Workshop Meeting Minutes
5. CORRESPONDENCE:
A. Partner Update: 2026 Urban Deer Hunt - Rick Bebout
6. REPORT OF PROCLAMATIONS:
A. National Night Out Proclamation 2026
7. PUBLIC HEARINGS:
A. An Ordinance of the City of Morgantown Amending the Zoning Classification of One
Parcel of Real Estate on Elmer Prince Drive (990 Elmer Prince Drive)
B. Ordinance of the City of Morgantown Amending the City Charter to Require
Elections be held on the May Primary Election Date
C. Ordinance Amending Article 953 Private Outdoor Designated Areas
8. UNFINISHED BUSINESS:
A. Boards and Commissions
9. PUBLIC PORTION WHICH SHALL BE SUBJECT TO RULES ESTABLISHED BY
COUNCIL AND ADOPTED BY RESOLUTION:

1

10. SPECIAL COMMITTEE REPORTS:
11. CONSENT AGENDA:
A. Consideration of APPROVAL of (Second Reading) of An Ordinance of the City of
Morgantown Amending the Zoning Classification of One Parcel of Real Estate on
Elmer Prince Drive (990 Elmer Prince Drive) (Fist Reading July 7, 2026)
B. Consideration of APPROVAL of (Second Reading) of An Ordinance of the City of
Morgantown Amending the City Charter to Require Elections be held on the May
Primary Election Date (First Reading 07/21/2026)
C. Consideration of APPROVAL of (Second Reading) of An Ordinance Amending Article
953 Private Outdoor Designated Areas (First Reading 07-21-2026)
D. Consideration of APPROVAL of (First Reading) of An Ordinance Providing for
Establishment of Hart Field Road in the City Street System
E. Consideration of APPROVAL of A Resolution Amending the FY 2026-2027 Budget for
the Morgantown Capital Escrow Fund (Revision #2)
F. A Resolution Authorizing the Application of a Transportation Alternatives Program
(TAP) Grant for Chestnut Street, Willey to Walnut – Construction
G. A Resolution Authorizing the Application of a Transportation Alternatives Program
(TAP) Grant for Wall Street, Spruce to University – Design
H. A Resolution Authorizing the Application of a Transportation Alternatives Program
(TAP) Grant for Spruce Street, Willey to Walnut – Construction
I. A Resolution Authorizing the Application of a Transportation Alternatives Program
(TAP) Grant for Willey Street, University to Prospect – Design
12. NEW BUSINESS:
A. Consideration of APPROVAL of (First Reading) of An Ordinance Amending Articles
929 and 1705 related to Stormwater and Building Permitting
B. Consideration of APPROVAL of (First Reading) of An Ordinance Reauthorizing
Transfer of Greenbag Road Property to DOH
13. CITY MANAGER'S REPORT:
14. REPORT FROM CITY CLERK:
15. REPORT FROM CITY ATTORNEY:
16. REPORT FROM COUNCIL MEMBERS:
17. EXECUTIVE SESSION:

2

A. Discussion of potential litigation and matters protected by attorney-client privilege
(W. Va. Code 6-9A-4(b)(12))
B. Pursuant to WV State Code Section 6-9A-4(b)(2)(A) to discuss personnel matters for
Boards and Commissions
C. Pursuant to WV State Code Section 6-9A-4(b)(2)(A) to discuss personnel matters in
considering matters arising from the employment of a public employee related to the
annual evaluation for the City Manager
18. ADJOURNMENT:
For accommodations please call or text 304-288-7072

3

City of Morgantown

Item 4A.

MINUTES
REGULAR MEETING
July 21, 2026
Regular Meeting: July 21, 2026: The regular meeting of the Common Council of the City of Morgantown was held in the City Hall
Council Chambers on Tuesday, June 21, 2026, at 7:00 pm.
The meeting was called to order by Mayor Trumble.
Present: City Manager Jamie Miller, Assistant City Manager Emily Muzzarelli, City Clerk Christine Wade, City Attorney Ryan Simonton,
Mayor Danielle Trumble, Deputy Mayor Mark Downs and Council Members: Joe Abu-Ghannam, Jodi Hollingshead, Louise “Weez”
Michael, Jenny Selin and Brian Butcher.
Approval of Minutes: July 7, 2026, Regular Meeting Minutes; July 7, 2026, Special Meeting Minutes; were approved by consensus.
Correspondence:
A partner update planned by Milan Puskar Health Right has moved to the 7/28/2026 Workshop Meeting due to weather concerns.
Mindy Thorne, Director of Grace Shelter for Catholic Charities, presented an update on organization activities, capacity and upcoming
plans.
Public Hearing: An Ordinance authorizing institution of imminent domain proceedings as needed for acquisition of property in
the Greenmont neighborhood
Mayor Trumble declared the Public Hearing Open.
There being no appearances, Mayor Trumble declared the Public Hearing closed.
Unfinished Business:
Consideration of Approval of (Second Reading) of An Ordinance Authorizing Institution of Eminent Domain Proceedings as
Needed for Acquisition of Property in the Greenmont Neighborhood (First Reading Jul 7, 2026)
City Attorney Simonton explained. After discussion, motion by Deputy Mayor Downs, second by Councilor Selin, to approve
the above-entitled ordinance. Motion carried 7-0.
Public Portion:
Mayor Trumble declared the Public Portion open.
There being no appearances; Mayor Trumble declared the Public Portion closed.
Boards and Commissions-None
Special Committee Reports: None
Consent Agenda:
Consideration of Approval of A Resolution Amending the FY 2026-2027 Budget for the Morgantown Capital Escrow Fund
(Revision #1)
Consideration of Approval of A Resolution Amending the FY 2026-2027 Budget for the Morgantown General Fund (Revision #1)
Consideration of Approval of A Resolution Authorizing the City Manager to Execute Agreement with Federal Aviation
Administration AIP Grant Number 3-54-0015-059-2026

4

City of Morgantown

Item 4A.

Consideration of Approval of A Resolution Authorizing the Submittal of an Application for a Pathways to Removing Obstacles to
Housing (PRO Housing) Grant
Consideration of Approval of A Request for Proposal Award: Fire Station Source Capture Exhaust System
Motion by Councilor Michael, second by Councilor Hollingshead, to approve the above-entitled items. Motion carried 7-0.
New Business:
Bid Call 2027-04 – 2026 Street Improvement Project: This item was presented for approval.
Public Works Director Damien Davis explained. After discussion, motion by Councilor Butcher, second by Councilor Michael,
to approve the above-entitled item. Motion carried 7-0.
An Ordinance of the City of Morgantown Amending the City Charter to Require Elections be held on the May Primary
Election Date: The ordinance was presented for first reading.
City Attorney Ryan Simonton explained. After discussion, motion by Councilor Butcher, second by Deputy Mayor Downs, to
approve the above-entitled ordinance to second reading. Motion carried 7-0.
An Ordinance of the City of Morgantown Amending Article 953 Private Outdoor Designated Areas: The ordinance was
presented for first reading.
Assistant City Manager Emily Muzzarelli explained. After discussion, motion by Councilor Butcher, second by Councilor
Hollingshead, to approve the above-entitled ordinance to second reading. Motion carried 7-0.

City Manager’s Report: commended the city staff for their preparation and vigilance regarding potentially severe weather, which did
not materialize as expected. The City Manager also reminded everyone about the upcoming National Night Out event on August 5th at
Krepps Park and acknowledged the partnerships and efforts that went into organizing it. Additionally, she announced that she will be out
of the office next week, with Emily acting as the city manager during that time.
Report from City Clerk: City Clerk advised that the Clerk's office will be closed from August 4 to 6, but available via email. The city
is hosting a silent auction to support the city clerk’s foundation. Entry-level police officer exams are scheduled for Saturday with 20
applicants. Municipal government week events include a mock city council meeting and a "touch of truck" event at Suncrest Elementary
on October 13. A trivia game and a "weenie dog race" are planned for October 15. The city is seeking volunteers for boards and
commissions, particularly the personnel board, which currently has no members.
Report from City Attorney: provided updates on ordinance progress. The draft accessory dwelling unit ordinance, incorporating state
law provisions and local zoning code adjustments, is under review and aims for a September introduction to ensure implementation by
January. Additionally, revisions to Article 1705, concerning builder building permits, are nearing completion. The city council is also
considering an update on abandoned nonconforming uses, which may be addressed through a conditional use permit. City Attorney
Simonton invited council members to ask questions or provide comments on the drafts.
Report from Council Members:
Councilor Butcher: addressed two main issues: the concern over flock cameras, a significant issue in the state and county, and the need
for enhanced connectivity, which will be discussed at the next meeting on July 28th. He emphasized the importance of taking the
responsibility of board and commission appointments seriously, particularly those with judicial implications, and criticized the conduct
of the Board of Zoning Appeals. Butcher acknowledged the efforts of city staff.
Deputy Mayor Downs: expressed gratitude for the collaboration with Councilor Michael and Public Works on the Don Knotts
Boulevard and Greenbag Road projects, emphasizing the importance of community gateways. He also highlighted their work at Oak
Grove Cemetery, where they helped reset a vandalized headstone and found a long-lost state-commissioned sign recognizing the
cemetery as a historic landmark, thanks to Councilor Michael's efforts. The sign, discovered in a DOH warehouse, is now with Public
Works, and Deputy Mayor Downs praised the contributions of various individuals and commissions involved in the project.

5

City of Morgantown

Item 4A.

Councilor Selin: read a letter from Matthew Johnson, Board President of Abundant Life Recovery Housing Network, as he shared his
experience at a Board of Zoning Appeals meeting in Morgantown. The letter stated that the organization aims to provide safe housing
for 33 individuals recovering from substance use disorders, offering economic and community benefits. Despite evidence showing
recovery housing does not increase crime, concerns from St. John's Catholic Church and West Virginia University focused on
stereotypes and fear. Johnson expressed disappointment in the community's stigma and the university's inconsistent stance.
Councilor Hollingshead: announced her absence from an upcoming social services discussion due to personal commitment. She
highlighted the success of an emergency winter shelter, noting that only five out of 70 residents returned to homelessness, while 65
found stability, attended appointments, and secured employment. Councilor Hollingshead emphasized the importance of shelter systems.
Councilor Michael: discussed recent cleanup activities on Don Knotts and Greenbag Road, mentioning Mark's mowing duties and her
intention to volunteer for mowing in the future. She announced a West Virginia statewide cleanup day, though there is confusion over
the exact date, with conflicting information suggesting it might be in September. Councilor Michael emphasized that any day for
cleanup is acceptable and shared their excitement about retrieving a historical sign from the DOH warehouse, expressing a passion for
history.
Councilor Abu-Ghannam: conversation revolved around community updates and personal anecdotes. Councilor Abu-Ghannam
mentioned an upcoming neighborhood meeting on August 24 at Jack Roberts Park, with a rain back-up at M Tech. He expressed
gratitude to city staff for their efforts during wildfires in Canada. He also discussed the disappointment of missing a Switchfoot concert
and mentioned upcoming concerts, including Hanson. Councilor Abu-Ghannam noted the start of school on August 18, with teachers
returning on the 12th.
Mayor Trumble: shared upcoming events which include an open house at Hazel's House of Hope on Thursday from 10 to 3, featuring a
ribbon-cutting and lunch at noon, with 52 community organizations offering services in housing, wellness, recovery, children's services,
and food insecurity. The bus line between downtown and H3 will be free that day. The Ward Boundary Commission is holding public
input sessions on new maps, with the first on Thursday at Wiles Hill Community Center and the second on Monday at the library. A
night market in downtown Morgantown is scheduled for Saturday, and Hoot and Howl's flea market has been rescheduled to this
Saturday due to weather.
EXECUTIVE SESSION: Discussion of matters related to development of property and/or investment of public funds in the area of
Spruce St., Willey St., and Richwood Ave. pursuant to W.Va. Code 6-9A-4(b)(9). Councilor Butcher did not participate in this portion of
the Executive Session.
Discussion of matters related to development of property and/or investment of public funds in the area of Vine St. and Grant Ave. pursuant
to W.Va. Code 6-9A-4(b)(9).
Discussion of matters related to development of property and/or investment of public funds in the Sunnyside area pursuant to W.Va. Code
6-9A-4(b)(9).
Discussion of matters protected by attorney-client privilege pursuant to W.Va. Code 6-9A-4(b)(12).

Discussion of personnel matters for Boards and Commissions pursuant to W.V. Code 6-9A-4(b)(2)(A).

Motion by Councilor Selin, second by Councilor Butcher, to go into executive session. Motion carried by acclamation. Time: 8:45 pm.
ADJOURNMENT: There being no further business, there was a motion by Councilor Michael, second by Councilor Abu-Ghannam, to
adjourn the meeting. Time: 11:09 pm.

________________________________________
Christine Wade, City Clerk

_________________________________________
Danielle Trumble, Mayor

6

City of Morgantown

Item 4B.

CITY COUNCIL
WORKSHOP MEETING MINUTES
July 28, 2026
Workshop Meeting July 28, 2026: The Workshop Meeting of the Common Council of the City of
Morgantown was held at City Hall Council Chambers on Tuesday, July 28, 2026, at 7:02 p.m.
Present: Assistant City Manager Emily Muzzarelli, City Attorney Ryan Simonton, Mayor Danielle
Trumble, Deputy Mayor Mark Downs, Council Members, Joe Abu-Ghannam and Brian Butcher. City
Manager Jamie Miller, Councilor Jodi Hollingshead, Councilor Jenny Selin and Councilor Louise
“Weez” Michael were absent.
Unfinished Business (Enhanced Amenities):
Assistant City Manager Emily Muzzarelli provided a summary of feedback received and outcome
areas identified during a public exploration session on June 30, 2026.
Deputy Mayor Downs facilitated the discussion and prioritization of items related to enhanced
amenities for policy review and prioritization.
Public Portion:
Deputy Mayor Downs declared the Public Portion open.
There being no appearances, Deputy Mayor Downs declared the Public Portion closed.
New Business (Social Services Coordination):
Assistant City Manager Emily Muzzarelli provided opening details and information.
Deputy Mayor Downs facilitated the discussion, identification and prioritization of topics related to
enhanced connectivity.
Executive Director of Milan Puskar Health Right, Laura Jones, provided a presentation detailing the
organizations performance and metrics after moving locations in April 0f 2026, as well as updates
related to clinic activities, harm reduction activities and the Licensed Behavioral Health Center.
Kelly Rice, Morgantown Police Department Social Worker, provided an update on activities in the
community and partnership building activities.
Executive Session: None

Adjournment:
There being no further business, motion by Councilor Abu-Ghannam, second by Mayor
Trumble, to adjourn the meeting. Time: 8:38 p.m.
7

City of Morgantown
____________________________
Christine Wade, City Clerk

Item 4B.

___________________________
Danielle Trumble, Mayor

8

Item 5A.

City Council
Agenda Item Summary
Council Meeting Date: July 21, 2026
Item:
Department:
Requested By:
Strategic Goal:

2026 Urban Deer Archery Hunt
N/A
Rick Bebout, Urban Deer Hunt Coordinator
Excellent and Responsible

Recommended Motion: N/A. Presentation item only.

Item Summary: The 2026 City of Morgantown Urban Deer Archery Hunt establishes
hunter eligibility requirements and operational rules for participation in the City's
managed deer population control program. The hunt will be conducted during the West
Virginia Division of Natural Resources established urban archery season, from
September 5, 2026, through December 31, 2026, and January 11–31, 2027.
Rick Bebout, Urban Deer Hunt Coordinator, will provide a brief overview.
Fiscal Impact: N/A

9

Item 5A.

MORGANTOWN CITY MANAGER’S HUNTER REQUIREMENTS
AND RULES PERTAINING TO THE CITY OF MORGANTOWN’S
URBAN DEER ARCHERY HUNT - 2026
Season Dates Established by the West Virginia
Division of Natural Resources:
September 5, 2026 - December 31, 2026
January 11-31, 2027

Hunter Requirements
•
•
•
•

Hunters must have a valid West Virginia hunting license.
Hunters must complete all parts of the hunt application.
Hunters must successfully complete the Bowhunter Education Course.
Hunters must successfully complete an archery proficiency test.

Rules
1. Hunters shall park only in designated parking areas.
2. Hunters shall treat everyone they meet with courtesy and respect.
3. Hunters shall not litter.
4. Hunters shall obey all West Virginia game laws.
5. Hunters will be selected and assigned locations by the City Manager or his
designee. A completed application is not a guarantee that a hunter will be selected.
The City Manager or his designee will attempt to assign all qualified hunters, but
there may be more qualified applicants than hunting locations.
6. Locations for the hunt include, but are not exclusive to:
a. BOPARC parks
i. Dorsey’s Knob
ii. Krepps
iii. Marilla
iv. White
b. Brown Street woodlot
c. Carnegie Street (private parcels above and below rail trail)
d. Chalfant Avenue properties
e. Conrad Place/White Avenue adjacent properties
f. Green Bag Road
g. Harner Street
h. Koontz Avenue
i. Liberty Street
j. Norwood neighborhood (surrounding woodlots)

10

Item 5A.

k. Peninsula Avenue
l. Riverview Drive
m. Southpoint Circle
n. West Virginia University properties
i. Agronomy Farm
ii. Core Arboretum
iii. Dairy Farm
iv. Farm woodlot
v. Mon Boulevard hillside
vi. Motor Pool woodlot
vii. Organic Farm
viii. Van Voorhis woodlot

7. All hunters, prior to receiving a permit authorizing him or her to participate in the
hunt, must agree to hold harmless the City of Morgantown, City of Morgantown
employees and officials, and the owner of the realty upon which they will be hunting
from any and all claims for personal injury, death, or property damage arising as a
result of the hunter participating in the hunt.
8. No person, without first receiving written permission from the City Manager or his
designee, may accompany a hunter while he or she is participating in this hunt.
9. Permits must be on a hunter at all times while hunting.
10. Portable, ladder or climbing stands are required for all hunters except for those who
are physically disabled and have been issued a valid Class Y hunting license by the
State of West Virginia or for sites where a ground blind has been approved.
11. Stalking deer on the ground is prohibited. This includes walking to and from
designated hunting sites.
12. Those hunting from an elevated tree stands must use a full-body safety harness
while in the tree.
13. The hunter’s name and sequential numbers must be on all arrows used while
hunting, i.e. J. Miller #1, J. Miller #2, J. Miller #3.
14. Shots of 25 yards or more shall not be taken.
15. A maximum of 7 deer can be taken by each hunter on their urban season tags (5
antlerless deer, 2 bucks). Additional deer can be taken on a hunter’s regular West
Virginia license providing they have the correct stamps for the corresponding
seasons and they have filled all 7 of their urban deer tags.
16. In pursuance of the City of Morgantown’s deer management goals and the West
Virginia Division of Natural Resources’ regulations, an antlerless deer is required to
be taken first. After that, 2 bucks can be taken as long as the second buck is
preceded by an antlerless harvest.
17. Two deer may be taken per day and can be checked-in at the same time. While two
does or a buck and a doe can be taken in the same day, two bucks cannot be taken
in the same day.

11

Item 5A.

18. If a wounded deer leaves the boundary of the designated hunting area, the hunter
shall not pursue the deer onto another’s realty without first obtaining the permission
of the owner of the realty upon which the hunter wishes to enter. The hunter shall
not fire his/her bow once he/she leaves the designated hunt area assigned to him or
her. If the wounded deer is located, while alive, on another’s property, the hunter
must contact the Morgantown Police Department at (304) 284-7522. The hunter
shall identify himself/herself as a participant in the Morgantown Urban Deer Archery
Hunt, and request assistance from the Police Department in retrieving the deer.
19. If a property owner does not give the hunter permission to enter his or her property
to search for a wounded deer, the hunter shall inform the property owner that he or
she can call (304) 284-7522 to have the deer removed from his or her property.
20. Under no situation will entrails be left on any property. A carcass is to be removed in
its entirety or have entrails placed in plastic bags, removed from the property, and
properly discarded.
21. All deer must be checked-in and registered by completing the following two-step
process:

1. Using West Virginia DNR’s electronic check-in system by either
calling 1-844-WVCheck or by logging into your account at
https://wvhunt.com/.
2. Text Rick Bebout (304-290-7205) with a picture of the deer and
notify him if the deer was donated.
22. Hunters shall be required to comply with any additional restrictions set by the
hunting realty owner which do not conflict with the City Manager’s Rules, the
Morgantown City Code, the general statutory laws of the State of West Virginia, and
the Rules and Regulations of the West Virginia DNR.
23. Failure to comply with any of the above requirements may result in a hunter’s
removal from participating in the City of Morgantown’s archery hunt.
24. Before being issued a permit to participate in the hunt, all selected hunters must
agree in writing to the foregoing rules.

12

Item 6A.

13

Item 11A.

City Council
Agenda Item Summary
Council Meeting Date: 08-11-2026
Item:

An ordinance of the City of Morgantown amending the zoning
classification of a parcel of real estate on Elmer Prince Drive (Seventh
Ward) from an O-I, Office and Institutional District to B-2, Service
Business District

Re:

Zoning Map Amendment Application for City Council Agenda
MAP26-028 | Frank Salucci | 990 Elmer Prince Drive

Department:

Development Services Department

Request By:

Mr. Frank Salucci

Strategic Plan:

Not Applicable

Fiscal Impact:

Not Applicable

Item Summary:
During its public hearing on June 11, 2026, the Morgantown Planning Commission made a
motion to forward a recommendation to Morgantown City Council that above referenced
map amendment application was consistent with the City’s Comprehensive Plan Update –
Land Management Plan (Morgantown 2033). The motion passed 7-0-0. The proposed
amendment would rezone City Tax District 15 (Seventh Ward), Tax Map 6, Parcel 74.1,
more commonly known as 990 Elmer Prince Drive, from O-I, Office and Institutional
District to B-2, Service Business District.
Attached herewith is the draft ordinance and exhibit, as well as the Staff Report presented
to the Planning Commission for the zoning map amendment. Please note the proposed
meeting schedule for City Council, provided the ordinance advances to the next step in the
review/approval process:

14

Item 11A.

City Council
Agenda Item Summary
City Council Meetings
Ordinance Presentation and 1st Reading: Tuesday, July 7, 2026, at 7:00 p.m.
Ordinance – 2nd Reading and Public Hearing: Tuesday, August 11, at 7:00 p.m.
In accordance with the WV State Code, there shall be at least thirty days between the first
and second reading of the ordinances to rezone property.
Please include this item of business on the City Council meeting agendas noted above and
include this communication and attachments in the City Council meeting packet for
Tuesday, July 7, 2026. Only the ordinance and associated exhibit should be included in the
August 11, 2026, City Council meeting packets, provided the ordinance advances forward at
each step.
This summary, under a cover letter explaining the public comment opportunities before City
Council relating to the matter, will be sent to the petitioner.

15

Item 11A.

Ordinance No. 2026-____
AN ORDINANCE OF THE CITY OF MORGANTOWN
AMENDING THE ZONING CLASSIFICATION OF A PARCEL OF REAL ESTATE ON
ELMER PRINCE DRIVE FROM O-I, OFFICE AND INSTITUTIONAL DISTRICT, TO
B-2, SERVICE BUSINESS DISTRICT.
The City of Morgantown hereby ordains as follows:
Section 1. Findings and Purpose.
The City Council finds and concludes that the amendment to the Zoning Map of the City of
Morgantown, and associated provisions of the codified ordinances of the City of Morgantown, as
shown on the attached exhibit and described in this ordinance, is consistent with the current
Comprehensive Plan for the City of Morgantown, and further finds that the City Council has
received the advice of the Planning Commission as to this amendment to the Zoning Map and
notes that the Planning Commission advises that the proposed amendment is consistent with the
Comprehensive Plan.
Section 2. Adoption of Amendment.
The Zoning Map and Zoning Code are hereby amended as follows:
1. The zoning classification for 15 6007400010000 (15-06-74.1) is amended from O-I, Office
and Institutional District, to B-2, Service Business District.
2. The Zoning Map of the City of Morgantown shall be updated to reflect the amendments made
by this Ordinance, substantially as shown on the attached Exhibit to this Ordinance.
Section 3. Repeal, Savings, Severability.
Any section of this Code repealed or modified by a subsequent ordinance will continue in force
until the effective date of the repealing ordinance.
The repeal or modification of any part of this Code does not affect any existing right acquired, or
liability or obligation incurred, under the code sections amended or repealed unless the modifying
ordinance expressly so provides. Any repealed or modified part of this Code will remain in force
for the purpose of sustaining any proper legal proceedings and prosecutions related to the
enforcement of such right or liability brought prior to the repeal or modification.
The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance,
clause, or provision unless expressly provided by ordinance.
If any provision of this Ordinance, or the application of this Ordinance to any person or
circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having

16

Item 11A.

jurisdiction to make such determination, the remainder of this Ordinance and the application to
other persons or circumstances remain in effect.
Section 4. Effective date; application. This ordinance shall be effective upon adoption. This
Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred,
and proceedings that were begun, before its effective date. The law remains in force for the purpose
of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture
or liability.
Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required
by the form of Ordinance adopted and maintain an executed original ordinance with the official
records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with
the laws of the State of West Virginia and the City of Morgantown, and to take the following
additional actions: Deliver a copy of this Ordinance to the Development Services Director.

FIRST READING: ______________________
SECOND READING: ___________________
ADOPTED: ___________________________

________________________
Mayor
________________________
City Clerk

FILED: _______________________________

17

Item 11A.

18

Item 11A.

MORGANTOWN PLANNING COMMISSION
PLANNING AND ZONING DIVISION STAFF REPORT
Thursday, June 11, 2026
City Hall – City Council Chambers (389 Spruce Street)

MAP26-028 / Frank Salucci / 990 Elmer Prince Drive
Case Summary
Address:

990 Elmer Prince Drive

Tax Map-District-Parcel:

City Tax District 15 (Seventh Ward), Tax Map 6, Parcel 74.1

Proposal:

Zoning Map Amendment Application

Request:

Rezone the above-referenced parcels of land from an O-I,
Office and Institutional District, to B-2, Service Business
District

Surrounding Zoning:

R-1, Single-Family Residential District and B-2, Service
Business District

Staff Recommendation:

Move to forward a recommendation onto Morgantown City
Council that the proposed zoning map amendment is
consistent with the City’s Comprehensive Plan (Morgantown
2033).

Applicant:

Frank Salucci

Case Manager:

Seth Cardwell, AICP Candidate
City Planner

Attachments:

Application (Case Summary Report)

Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

19

Item 11A.

Staff Enhanced Site Location and Zoning Maps

Source: Monongalia County Parcel Viewer

Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

20

Item 11A.

Source: Morgantown ArcGIS
Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

21

Item 11A.

Street View Images of 990 Elmer Prince Drive
Looking Northwest on Elmer Prince Drive

Source: Google Maps

Background
The above-mentioned parcel encompasses roughly 51,222 square feet on Elmer Prince
Drive.
Staff have confirmed with the applicant that no change of use is anticipated with the
requested zoning map amendment and that the property will still house United Bank. Per the
applicant, a request for variance relief regarding signage and illumination standards was
considered initially. However, further discussion among the parties involved prompted the
zoning map amendment application.
Per staff’s conversations with the applicant, the zoning map amendment is being requested
to 1.) align the parcel’s zoning with that of the surrounding B-2, Service Business District,
and 2.) adjust the zoning to a district that the applicant believes is compatible with the bank’s
operations. Additionally, the applicant noted a secondary concern with signage standards
and future compliance with provisions in the O-I, Office and Institutional District, as
opposed to the B-2, Service Business District. Please note, however, that no signage and/or
sign package is proposed at this time.

Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

22

Item 11A.

Staff provided the applicant with a general overview of the process for both requests for
variance relief and zoning map amendments to ensure a clear distinction of understanding
between the requirements for both, and the applicant confirmed that a zoning map
amendment is most consistent with the goals stated above.
Please note that the Case Summary for the relevant City Works case (MAP26-028) is
attached to this staff report.
Additionally, the parcel and zoning district boundaries surrounding the subject property in
the overview map provided on the previous page are incorrect; More details regarding this
appear in the analysis section below.
Analysis
Per Table 1331.05.01 of the City’s Planning and Zoning Code, a ‘financial services
establishment’ use is permitted by-right in both the current O-I, Office and Institutional
District as well as the proposed B-2, Service Business District.
Per Sec. 1343.01, the purpose of the O-I, Office and Institutional District, the subject
property’s current zoning designation, is to:
(a) Provide for office and institutional uses and customary accessory uses on appropriately
sized lots; and
(b) Provide for a suitable environment for office and institutional uses that can be located
adjacent to residential uses without undue harmful effects to such residential uses.
Per Sec. 1347.01, the purpose of the B-2, Service Business District, the proposed zoning
designation by the applicant, is to:
“…provide for areas that are appropriate for most kinds of businesses and services,
particularly large space users such as department stores. Typically, B-2 districts are located
along major thoroughfares.”
Upon further review, it was found that the parcel boundaries provided on the previous zoning
map are subject to change based on preliminary plat approval for a minor subdivision related
to Case SUB25-04. The attendant zoning district boundary is also incorrect, pending
changes related to Case MAP25-03. See the image below for further details.

Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

23

Item 11A.

Areas outlined by the yellow dashed line are to be:
1) Subdivided and consolidated per preliminary plat approval in SUB25-04.
2.) Were approved for rezoning as B-2, per MAP25-03.

Property requested to be rezoned B-2.
Source: SUB25-04 Staff Report

The subject property, 990 Elmer Prince Drive, exists within an O-I District that is also
encircled by properties associated with West Virginia University or WVU Medicine; It is worth
noting that the adjacent R-1, Single-Family Residential District does not encompass any
existing residential areas and comprises entirely of WVU-affiliated properties/facilities.
2023 Comprehensive Plan Update (Morgantown 2033)
The Land Management Plan in Morgantown 2033 identifies the existing development
character for 990 Elmer Prince Drive as a Commercial Area. This designation is defined as,
“Consists of auto-oriented commercial areas, dominated by single-story, single-use
buildings setback from the street and parking areas facing the street. These areas are
typically located along corridors that are generally not pedestrian friendly due to lack of
sidewalks, long block lengths and many vehicle access points (curb cuts) which create
conflicts for pedestrians.”
The Future Land Use Map (Land Management Plan) identifies the future use of the area as
Corridor.Mixed‗Use¡.This designation’s description is as follows: “Corridor mixed-use areas
Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

24

Item 11A.

are located along major gateway roads into the City and may comprise a mix of housing,
office, commercial, and/or civic uses adjacent to one another or within the same structure
(such as offices or apartments above ground-floor retail)…” See the Future Land Use Map on
the following page with 990 Elmer Prince Drive identified by the arrow.

Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

25

Item 11A.

Additionally, the Compatible Uses Table identifies an array of uses as compatible with
Corridor Mixed-Use area, including commercial, civic/institutional, and office.

Staff Recommendation
Zoning map amendment requests should be evaluated on their land use merits alone.
Development intentions are extraneous, and the Commission should consider the request
on its merits as a land use decision. In conducting such an analysis, the Commission should
determine if the R-2, Single and Two-Family Residential District is the appropriate zoning
classification for the premises, weighing all possible future development and land use
scenarios as permitted by the Planning and Zoning Code; particularly, Article 1337 – R-2,
Single and Two-Family Residential District and Table 1331.05.01 - Permitted Land Uses.
No change of use is anticipated for the property and United Bank plans to continue its
operations at 990 Elmer Prince Drive. As such, the form/character of the existing
development is not expected to be altered.
While the B-2 District generally permits a greater array of uses, and by definition, is
particularly designed for larger space users such as department stores, the risks of future
development on a scale that disrupts the existing form is low as the environment in this area
is largely built out, and the existing character of development along major corridors already
hosts a variety of uses that include strip-malls and other car-oriented development.
Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

26

Item 11A.

The existing ‘financial services establishment use’ is consistent with both the existing O-I
District and the proposed B-2 District. Further, the property requested for rezoning is located
immediately adjacent to a B-2, Service Business District.
While the subject property and its attendant O-I District is also located adjacent to an
existing R-1, Single-Family Residential District and is by definition, “a suitable environment
for office and institutional uses that can be located adjacent to residential uses without
undue harmful effects to such residential uses,” it is worth noting that the adjacent
residential district does not include any existing residential areas or neighborhoods and is
composed entirely of WVU and WVU Medicine-affiliated properties, which is common for
WVU-affiliated areas, as the City of Morgantown does not currently have an Institutional
District.
The comprehensive plan identifies the subject area’s future land use as Corridor Mixed-Use
and the use is consistent with the compatible use types identified for the Corridor Mixed Use
areas identified in the Land Management Plan.
Given the above, staff recommend that the property be rezoned from an O-I, Office and
Institutional District to a B-2, Service Business District.

Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

27

Item 11A.

ATTACHMENT - APPLICATION (DATA GROUP QUESTIONS)

Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov

28

Item 11B.

City Council
Agenda Item Summary
Council Meeting Date: August 11, 2026
Item:
Department:
Requested By:
Strategic Goal:

Ordinance Amending City Charter to Require Elections Be Held on
the May Primary Election Date
City Clerk
Christine Wade
Excellent and Responsible

Recommended Motion: I move to approve the Ordinance Amending the City Charter
to Require Elections Be Held on the May Primary Election Date
Item Summary:
This ordinance amends the City Charter to comply with 2025 Senate Bill 50, which
requires municipalities to hold regular elections on the same date as either the
statewide May primary election or the November general election by no later than 2032.
Currently, the Charter requires municipal elections to be held on the last Tuesday in
April of each odd-numbered year. This amendment transitions the City of Morgantown
to align with the statewide May primary election schedule.
To maintain continuity of elected officials’ terms and preserve voter intent, the ordinance
establishes a transition plan:
-

Elections in 2027 will elect Councilmembers to three-year terms beginning
July 1, 2027, and ending June 30, 2030.
Elections in 2029 will elect Councilmembers to three-year terms beginning
July 1, 2029, and ending June 30, 2032.
Beginning in 2030, elections will be held during the May primary in evennumbered years.
At that time, Councilmembers will return to staggered four-year terms, with
ward representation alternating by election cycle.

The ordinance also updates related Charter provisions governing election procedures
where necessary to meet the new state law requirements to move election dates to the
May primary date and to include a transitional term for elected council members, as
specified in W. Va. Code 3-1-31 and 8-5-5, including:
-Coordination with the County Clerk for election administration
-Filing timelines and requirements for candidates

{02146774.DOCX }

29

Item 11B.

City Council
Agenda Item Summary
-Procedures for withdrawals and write-in candidates
-Clarification that state election laws will govern in the event of conflict
This change ensures compliance with state law while maintaining orderly governance
and continuity in Council representation.
NOTE: In accordance with 2026 House Bill 5622, an ordinance adopted to conform with
the requirements of W. Va. Code §3-1-31 and §8-5-5(a) and (b), to move the municipal
election date to the May primary or November general election, and to establish a
transitional term in order to change the election date, is adopted pursuant to the
procedures in W. Va. Code § 8-5-5(f), and no additional procedural requirement otherwise
applicable to municipal ordinances or charter amendments applies (no submission to the
voters, referendum, petition, or charter-amendment election is required for such an
ordinance to be effective according to state law)
Fiscal Impact:
Minimal direct fiscal impact is anticipated. Coordination with the County Clerk for
election administration may result in administrative efficiencies and potential cost
savings over time.

{02146774.DOCX }

30

Item 11B.

Ordinance No. 2026-____
AN ORDINANCE OF THE CITY OF MORGANTOWN
AMENDING THE CITY CHARTER
TO REQUIRE ELECTIONS BE HELD ON THE MAY PRIMARY ELECTION DATE
The City of Morgantown hereby ordains as follows:
Section 1. Findings and Purpose.
The City Council of The City of Morgantown finds and concludes that 2025 West Virginia
Senate Bill 50 requires municipalities of the State to hold regular election of officers on the same
date as either the statewide primary election held in May or the statewide general election held in
November, beginning no later than calendar year 2032, and those requirements are now codified
at W. Va. Code §§ 3-1-31. The City Charter currently requires that the regular municipal election
be held on the last Tuesday in April of each odd-numbered year. The City Council finds and
concludes that the required change in election dates can preserve all current officer terms and most
closely follow the current election terms as most recently approved by the voters of the City by
holding elections for 3-year council terms beginning in 2027 and 2029, and resuming elections for
4-year council terms beginning in 2030, with those elections held on the same date as the statewide
primary elections in May of each even-numbered year.
In order to coordinate elections with statewide elections as required by Senate Bill 50, an
amendment to the Charter is required to provide a change in the terms of the members of City
Council to move from elections in odd-numbered years to elections in even-numbered years. In
accordance with 2026 House Bill 5622, an ordinance adopted to conform with the requirements of
W. Va. Code §3-1-31 and §8-5-5(a) and (b), to move the municipal election date to the May primary
or November general election, and to establish a transitional term in order to change the election
date, is adopted pursuant to the procedures in W. Va. Code § 8-5-5(f), and no additional procedural
requirement otherwise applicable to municipal ordinances or charter amendments applies as a
condition of adoption or effectiveness of such ordinance, including the charter amendment
provisions of West Virginia Code Chapter 8, Article 4 and the general ordinance enactment
procedures of this West Virginia Code Chapter 8, Article 11; and no municipal charter provision
or local enactment imposing additional procedural requirements applies to such an ordinance. In
particular, no submission to the voters, referendum, petition, or charter-amendment election is
required for such an ordinance to be effective according to state law. This ordinance is a
conformity ordinance adopted pursuant to W. Va. Code § 8-5-5 for the limited purpose of
implementing W. Va. Code §§ 8-5-5(b) and 3-10-31.
Section 2. Adoption of Amendment to Articles II and VII of the City Charter.
The succeeding provisions of the City Charter set out herein are hereby amended as follows (new
matter underlined; deleted matter stricken):

{02142630.DOCX }

31

Item 11B.

Sec. 2.01. – Composition, eligibility, election and terms.
(c) Election and Terms. The regular election of Councilmembers shall be held on the last Tuesday
in April, in each odd-numbered year, beginning with the first odd-numbered year following the
effective date of this Charter in the manner provided in Article VII. The candidate in each ward
who receives the greatest number of votes cast by the qualified voters of the City at large, shall be
declared elected. At the regular election conducted April 27, 2021, or such other date on which the
regular 2021 election of Councilmembers is conducted, the candidate elected from each evennumbered ward shall serve a four-year term, and the candidate selected from each odd-numbered
ward shall serve a two-year term, beginning on July first following the election. At each election
thereafter, each Councilmember shall serve for a term of four years, beginning on July first
following the election.
Elections held in April 2027 will elect members of Council to 3-year terms beginning July 1, 2027,
and ending June 30, 2030, and the elections held in April 2029 will elect members of Council to
3-year terms beginning July 1, 2029, and ending June 30, 2032. Beginning in May of 2030, all
elections will be held on the date of the statewide May primary election in each even-numbered
year and, subject to agreement with the County Clerk, administered by the County Clerk except as
otherwise specified by this Charter, the Codified Ordinances of the City, or general law. Council
members will be elected to staggered four-year terms with members from Wards 1, 3, 5, and 7
selected in 2030 and each four years thereafter and members from Wards 2, 4, and 6 selected in
2032 and each four years thereafter.
Sec. 7.01. – City Elections.
(a) Regular Elections. The regular City election shall be held on the last Tuesday in April in each
odd-numbered year through the 2029 election. Thereafter, the regular City election shall be held
on the date of the statewide May primary election in each even-numbered year.
(b) Qualified Voters. All citizens qualified by the constitution and laws of the State of West
Virginia to vote in the City and who satisfy the requirements for registration prescribed by law
shall be qualified voters of the City within the meaning of this Charter.
(c) Conduct of Elections. Except as otherwise provided by this Charter, the provisions of the
general election laws of the State of West Virginia shall apply to elections held under this Charter.
To the extent that it has not already done so, the Council shall adopt by ordinance all regulations
which it considers desirable, consistent with law and this Charter. In the event of a conflict
between the general election laws and the provisions of this Charter or ordinance, should the
general law establish requirements for the conduct of City elections that are contrary to the
provisions of the Charter or ordinance, the requirements of the general election laws shall prevail.
Sec. 7.02. – Nominations.
(b) Filing of Petition and Certificate. Any person who is eligible to hold the office of City
Councilmember shall be entitled to file with the election official designated by ordinance City

{02142630.DOCX }

32

Item 11B.

Clerk a nominating petition and a certificate of announcement declaring candidacy for such office,
which shall be assembled and filed with the election official designated by ordinance City Clerk
as one instrument. Each candidate shall also file with the election official designated by ordinance
a certificate of announcement declaring candidacy for office, which shall be filed not earlier
than the second Monday in January before the primary election day and not later than the last
Saturday in January before the primary election day, or such other time period established by W.
Va. Code § 3-5-7(c), as amended, superseded, or replaced. The certificate shall be in a form as
provided by the West Virginia Secretary of State's office for municipal elections, or, if such form
is not available, in a form prescribed by the election official designated by ordinance and consistent
with applicable legal requirements. The filing period for the nominating petition shall begin on the
first Monday in January of the year in which the election is to take place and shall end on the
second Monday in February thereafter.
(c) Procedure After Filing. Within ten days after the filing of a nominating petition, the election
official designated by ordinance City Clerk shall notify the candidate and the person who filed the
petition whether or not it satisfies the requirements prescribed by this Charter. If a petition is found
insufficient, the election official City Clerk shall return it immediately to the person who filed it
with a statement certifying wherein it is found insufficient. Within the regular time for filing
petitions, such a petition may be amended and filed again as a new petition or a different petition
may be filed for the same candidate. The election official City Clerk shall keep on file all petitions
found sufficient and certificates of announcement of candidacy at least until the expiration of the
term for which the candidates are nominated in those petitions and certificates were filed; provided
that, if the election official is not the City Clerk, the City Clerk shall keep copies, or may keep the
originals if delivered by the election official, of such documents for the period prescribed. The
election official shall promptly deliver to the County Clerk the list of eligible candidates, together
with any other information required by the County Clerk, after the second Monday in February, as
needed for administration of the election by the County Clerk.
(d) Form of Petition. A nominating petition for the office of member of Council shall be
substantially in the following form:
[TABLES]
NOMINATING PETITION
We, the undersigned qualified voters of the City of Morgantown, hereby nominate ____________
(candidate name), whose residence is ___________________, for councilmember at large for the
ward ________ to be voted for at the election to be held on the (date to be supplied by election
official); and we individually certify that we are qualified voters of the city and of the ________
ward and that we have not signed a nominating petition for any other candidate for that office.
Name:
Street Address:
Date of Signature:
(Spaces for signatures and required data)

{02142630.DOCX }

33

Item 11B.

CERTIFICATE OF CIRCULATOR
The undersigned is the circulator of this petition paper, which contains signatures. Each signature
affixed thereto was made in my presence and is, I believe, the genuine signature of the person
whose name it purports to be.
Signature of Circulator:
Name of Circulator:
Street Address of Circulator:
Date of Signature:
ACCEPTANCE OF NOMINATION
I hereby accept the nomination for member of the city council and agree to serve if elected.
Signature of Nominee:
Name of Nominee:
Date of Signature:
(e) Withdrawal of Candidacy. Any candidate wishing to withdraw their candidacy shall notify the
election official in accordance with the provisions of general law for primary elections, or, if none
are provided, at such time as may be provided by ordinance of City Council. in writing of the same
by delivering to the election official a signed writing stating the candidate’s intention to withdraw
from the election, delivered to the election official in person at their public office or deposited in
the United States mail, postage prepaid, no later than the date 30 calendar days before the date of
the election. In determining the timeliness of such filing, the date of the filing shall be included
and the date of the election shall be excluded.
(f) Write-in Candidates. A write-in candidate's certificate of announcement of candidacy shall be
filed in accordance with the provisions of general law for primary elections, or, if none are
provided, at such time as may be provided by ordinance of City Council. with the no later than the
fourteenth day before the election, under normal circumstances. In those cases where a lone
candidate for a ward Councilmember position dies, or is disqualified or removed from the ballot
by a court, the deadline shall be the fifth day before the election, or the day following the
occurrence of the vacancy, whichever is later.
Sec. 7.04. – Determination of election results.
(c) Except as otherwise provided in this Charter, or by ordinance of City Council, the provisions
of general law with respect to the method and time for the filing of certificates of candidacy,
nominating candidates, conducting regular and special Municipal elections, and determining and
certifying the results of such elections, so far as applicable, shall apply to elections held under this
Charter.

{02142630.DOCX }

34

Item 11B.

Section 3. Repeal, Savings, Severability.
Any section of this Code repealed or modified by a subsequent ordinance will continue in force
until the effective date of the repealing ordinance.
The repeal or modification of any part of this Code does not affect any existing right acquired, or
liability or obligation incurred, under the code sections amended or repealed unless the modifying
ordinance expressly so provides. Any repealed or modified part of this Code will remain in force
for the purpose of sustaining any proper legal proceedings and prosecutions related to the
enforcement of such right or liability brought prior to the repeal or modification.
The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance,
clause, or provision unless expressly provided by ordinance.
If any provision of this Ordinance, or the application of this Ordinance to any person or
circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having
jurisdiction to make such determination, the remainder of this Ordinance and the application to
other persons or circumstances remain in effect.
Section 4. Effective date; application. This ordinance shall be effective upon adoption. This
Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred,
and proceedings that were begun, before its effective date. The law remains in force for the purpose
of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture
or liability.
Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required
by the form of Ordinance adopted and maintain an executed original ordinance with the official
records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with
the laws of the State of West Virginia and the City of Morgantown, and to take the following
additional actions: Cause a copy of the amendment or amendments, ordinance, and transcript of
the proceedings to be certified to the Clerk of the House of Delegates, as keeper of the rolls, and
to be recorded in the office of the clerk of the county commission. The same shall be preserved by
such Clerk of the House of Delegates as an authentic public record. The amendment or
amendments shall take effect on the effective date specified in the Ordinance. After the effective
date, all courts shall take judicial notice of such amendment or amendments.
FIRST READING: ______________________

________________________
Mayor

SECOND READING: ___________________
ADOPTED: ___________________________

________________________
City Clerk

FILED: _______________________________

{02142630.DOCX }

35

Item 11C.

Council Meeting Date: 08/11/2026
Item:
Department:
Requested By:
Strategic Goal:

Ordinance Updating Private Outdoor Designated Areas
City Council
Assistant City Manager
Connected and Well-Maintained

Recommended Motion: Move to approve the ordinance.

Item Summary:
This ordinance updates City Code Article 953, which establishes the
Private Outdoor Designated Area (PODA) program in the City. PODA is an area where
patrons can purchase alcoholic beverages and carry them outside the restaurant or bar
onto the street, or into other participating businesses, with the intention to promote
additional time spent in City public spaces and businesses, and is based on state enabling
legislation. This update changes the process for participating businesses to get a permit
to serve PODA drinks, streamlining the process to allow City Manager approval instead
of approval by a Council-appointed committee. The standards considered for approval
remain the same.
Fiscal Impact:
No direct impact. Efficient permitting processes may lead to
increased business activity and related tax revenue.

36

Item 11C.

Ordinance No. 2026-____
AN ORDINANCE OF THE CITY OF MORGANTOWN
PROVIDING FOR PERMITTING UPDATES FOR
PRIVATE OUTDOOR DESIGNATED AREAS
The City of Morgantown hereby ordains as follows:
Section 1. Findings and Purpose.
City Council previously-adopted an ordinance establishing Private Outdoor Designated Areas, or
“PODA,” in the City of Morgantown, as authorized by state law, to designate certain areas and
times within the City where customers of licensed establishments may purchase an alcoholic
beverage in an appropriate container and carry the beverage outside of the licensed establishment
while accessing public areas or visiting other establishments. The City ordinance established a
committee to review applications of licensed establishments to determine eligibility to serve
PODA beverages. The City finds that participation by licensed establishments in PODA has been
consistent, and that the City has not experienced issues with conduct by the businesses that have
chosen to participate in the PODA program. This ordinance changes the application and permit
process to an administrative process handled by the City Manager, rather than a committee process,
with the intention that permitting for participating businesses be handled more efficiently.
Section 2. Adoption of Amendment to Article 953 of the City Code.
Article 953 of the City Code, entitled “Private Outdoor Designated Areas” is hereby amended as
follows (new matter underlined; deleted matter stricken):
Sec. 953.04. - Permit required for participating licensees.
(c)
Applications, except applications for permits for a fair and festival licensee, will be
reviewed by the City Manager, or designee, who will grant or deny the applications in their
reasonable discretion. a committee composed as follows: one representative of Main Street
Morgantown, designated by Main Street Morgantown, Inc.; one member of City Council,
designated by City Council; two representatives of businesses that serve alcohol and are located
within the PODA, appointed by City Council; two representatives of businesses that do not serve
alcohol and are located within the PODA, appointed by City Council; and one employee of the
City, designated by the City Manager. Each member of the committee shall serve a two-year term
beginning January 1 and ending December 31 of the following year; provided that the initial term
of each member shall begin on the date of appointment and end on December 31, 2024. Members
shall continue in office after expiration of their term until a new member is appointed except in the
event of their resignation, death, or removal. Members may be removed by City Council for failure
to vote on two or more consecutive applications for PODA permit. The committee shall determine
whether to grant or deny applications in its reasonable discretion by majority vote of the members
then serving. In determining whether to grant or deny an application, the City Manager or designee
committee may review the application materials and other materials relevant to participation in the

{02011624.DOCX }

37

Item 11C.

PODA including records of the West Virginia Alcohol Beverage Control Administration and/or
criminal citations, if available to the committee. Applications for a permit for a fair and festival
licensee will be reviewed by the City Manager, or designee, who will grant or deny the applications
in their reasonable discretion. In determining whether to grant or deny an application, the City
Manager or designee may review the application materials and other materials relevant to
participation in the PODA including records of the West Virginia Alcohol Beverage Control
Administration and/or criminal citations, if available
Section 3. Repeal, Savings, Severability.
Any section of this Code repealed or modified by a subsequent ordinance will continue in force
until the effective date of the repealing ordinance.
The repeal or modification of any part of this Code does not affect any existing right acquired, or
liability or obligation incurred, under the code sections amended or repealed unless the modifying
ordinance expressly so provides. Any repealed or modified part of this Code will remain in force
for the purpose of sustaining any proper legal proceedings and prosecutions related to the
enforcement of such right or liability brought prior to the repeal or modification.
The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance,
clause, or provision unless expressly provided by ordinance.
If any provision of this Ordinance, or the application of this Ordinance to any person or
circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having
jurisdiction to make such determination, the remainder of this Ordinance and the application to
other persons or circumstances remain in effect.
Section 4. Effective date; application. This ordinance shall be effective upon adoption. This
Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred,
and proceedings that were begun, before its effective date. The law remains in force for the purpose
of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture
or liability.
Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required
by the form of Ordinance adopted and maintain an executed original ordinance with the official
records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with
the laws of the State of West Virginia and the City of Morgantown, and to take the following
additional actions: None.

FIRST READING: ______________________

________________________

{02011624.DOCX }

38

Item 11C.

Mayor
SECOND READING: ___________________
ADOPTED: ___________________________

________________________
City Clerk

FILED: _______________________________

{02011624.DOCX }

39

Item 11D.

City Council
Agenda Item Summary
Council Meeting Date: 08/11/2026
Item:
Department:
Requested By:
Strategic Goal:

Establishment of Hart Field Road in the City Street System
Airport
Emily Muzzarelli, Assistant City Manager
Connected and Well Maintained

Recommended Motion: I make a motion to approve establishment of Hart Field Road
into the City Street System as a public right-of-way.

Item Summary:
The proposed action would formally establish Hart Field Road as a public right-of-way
within the City's street system. Hart Field Road is currently classified as a private road
and is maintained by the City in its capacity as operator of the Morgantown Municipal
Airport.
Hart Field Road serves as the primary access route to the Morgantown Municipal
Airport and provides access to several businesses located on or adjacent to airport
property, as well as a privately owned business park. Given its function as a publicserving transportation corridor and its importance to airport operations and economic
activity in the area, staff recommends incorporating the roadway into the City's public
street network.
Designation of Hart Field Road as a public right-of-way would not alter the City's
maintenance responsibilities; the City would continue to maintain the roadway.
However, incorporation into the City's street system would allow Hart Field Road to be
included in the City's regular pavement management and capital paving programs,
resulting in more efficient planning, budgeting, and maintenance of the roadway
infrastructure.
Fiscal Impact: Neutral.

40

Item 11D.

Ordinance No. 2026-____
AN ORDINANCE OF THE CITY OF MORGANTOWN
DESIGNATING A NEW PUBLIC RIGHT OF WAY
The City of Morgantown hereby ordains as follows:
Section 1. Findings and Purpose.
City Council finds and concludes that Section 2.12 of the City Charter requires that any action to
lay out or vacate a public street, avenue, road, alley or way, be done by ordinance of City
Council, and further finds and concludes that the area designated pursuant to this Ordinance
should be established as a public right of way.
Section 2. Establishing new public right of way.
The property described on EXHIBIT A to this Ordinance is hereby established as a public right
of way within the City named “Hart Field Road” and accepted into the City street system.
The City Engineer is directed to include the street, as designated by this Ordinance, within the
map(s) and other documents depicting the City street system, and to classify the street within the
City Street Design and Classification Manual, consistent with City Code § 909.01(e).
The street shall be designated as Hart Field Road, in accordance with the provisions of Section
905.01 of the City Code,

Section 3. Repeal, Savings, Severability.
Any section of this Code repealed or modified by a subsequent ordinance will continue in force
until the effective date of the repealing ordinance.
The repeal or modification of any part of this Code does not affect any existing right acquired, or
liability or obligation incurred, under the code sections amended or repealed unless the
modifying ordinance expressly so provides. Any repealed or modified part of this Code will
remain in force for the purpose of sustaining any proper legal proceedings and prosecutions
related to the enforcement of such right or liability brought prior to the repeal or modification.
The repeal of any repealing ordinance, clause, or provision does not revive any former
ordinance, clause, or provision unless expressly provided by ordinance.
If any provision of this Ordinance, or the application of this Ordinance to any person or
circumstance, is held invalid by a court of competent jurisdiction or other entity or agency
having jurisdiction to make such determination, the remainder of this Ordinance and the
application to other persons or circumstances remain in effect.

{02011624.DOCX }

41

Item 11D.

Section 4. Effective date; application. This ordinance shall be effective upon adoption. This
Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred,
and proceedings that were begun, before its effective date. The law remains in force for the
purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty,
forfeiture or liability.
Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required
by the form of Ordinance adopted and maintain an executed original ordinance with the official
records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with
the laws of the State of West Virginia and the City of Morgantown, and to take the following
additional actions: None.

FIRST READING: ______________________

________________________
Mayor

SECOND READING: ___________________
ADOPTED: ___________________________

________________________
City Clerk

FILED: _______________________________

{02011624.DOCX }

42

Item 11D.

EXHIBIT A
Legal Description and Plat of Hart Field Road

{02011624.DOCX }

43

Beginning at a capped five-eighth-inch reinforcing rod (set) in the easterly right-of-way limits of West Virginia County Route 857,
also known as Hartman Run Road; Thence through lands now or formerly owned by the City of Morgantown (Deed Book 597
Page 271, Deed Book 279 Page 448, Deed Book 481 Page 442, Deed Book 275 Page 227, and Deed Book 273 Page 266)
0+
00
1+
00

1+
50

with a curve to the right having a radius of 1020.00 feet, having an arc length of 53.07 feet, having a chord bearing of S 40°01'33"
E, and having a chord length of 53.06 feet to a point; thence

with a curve to the right having a radius of 250.00 feet, having an arc length of 131.11 feet, having a chord bearing of S 22°07'25"
E, and having a chord length of 129.61 feet, to a capped five-eighth-inch reinforcing rod (set); thence

50
3+

S 37°08'52" E 75.08 feet to a point; thence

2+
50

(W Mil
V egr
St o
at un
e
Ro d R
ut oa
e d
11
9)

2+
00

S 38°32'08" E 41.43 feet to a point; thence

00
3+
00
4+

S 07°05'58" E 577.21 feet to a capped five-eighth-inch reinforcing rod (set); thence
H
(W art
V ma
Co n
un Ru
ty
n
R o Ro
ute ad
85
7)

50
5+
00
6+

with a curve to the left having a radius of 660.00 feet, having an arc length of 62.31 feet, having a chord bearing of S 42°08'14"
W, and having a chord length of 62.29 feet, to a point; thence

00
5+

S 44°50'31" W 50.20 feet to a point; thence

50
6+

Vicinity Map
Scale: 1" = 2,000'

50
4+

Sheet 1 of 6

with a curve to the right having a radius of 200.00 feet, having an arc length of 181.31 feet, having a chord bearing of S 18°52'16"
W, and having a chord length of 175.16 feet, to a point; thence

BY

SITE

0+
50

S 41°30'59" E 163.52 feet to a point; thence

S 39°25'58" W 42.65 feet to a point; thence

7+00

with a curve to the left having a radius of 430.00 feet, having an arc length of 67.82 feet, having a chord bearing of S 34°54'51"
W, and having a chord length of 67.75 feet, to a point; thence

7+50

Road
Hart Field

Notes:

8+50

9+00

with a curve to the left having a radius of 195.00 feet, having an arc length of 143.80 feet, having a chord bearing of S 09°16'11"
W, and having a chord length of 140.56 feet, to a

8+00

S 30°23'45" W 8.70 feet to a point; thence

1. No claim is made or implied by this drawing or its preparers regarding comprehensive representation of
underground utilities; those underground locations that are indicated hereon should be considered to be
approximate only. No subsurface investigation was performed in relation to the location of any of the depicted
utilities.

W.V.C.S., N.Z.
NAD 83 (2011)

GRID NORTH

Being a parcel of land lying and being situate in The Sixth Ward of The City of Morgantown, Monongalia County, West Virginia,
more particularly described as follows:

TRIAD ENGINEERING, INC.

Right-of-Way Dedication of Hart Field Road
Triad Project 01-26-0111

1097 CHAPLIN ROAD
MORGANTOWN, WV 26501
PH: 304.296.2562 FAX: 304.296.8739

DESCRIPTION OF LAND SURVEYED FOR THE CITY OF MORGANTOWN

OFFICE LOCATIONS
MARYLAND ○ OHIO ○ PENNSYLVANIA ○ VIRGINIA ○ WEST VIRGINIA

Item 11D.

S 11°51'23" E 177.03 feet to a point; thence
with a curve to the right having a radius of 1020.00 feet, having an arc length of 65.18 feet, having a chord bearing of S 10°01'32"
E, and having a chord length of 65.17 feet, to a point; thence

10+00

S 81°41'52" W 10.00 feet to a point; thence

10+50

Sheet 2 of 6

with a curve to the right having a radius of 1010.00 feet, having an arc length of 21.04 feet, having a chord bearing of S 07°35'50"
E, and having a chord length of 21.04 feet, to a point; thence

11+00
11+50

S 07°00'00" E 83.26 feet to a point; thence

DATE

07-29-2026

DATE:

REV. #

Sheet 3 of 6

DAB

16
+0
0

16
+5
0

17
+0
0

N 87°56'50" E passing nails (found) at 449.04 feet and 484.26 feet, 624.16 feet in all to a capped five-eighth-inch reinforcing rod
(set); thence

17+
50
18+00

with a curve to the left having a radius of 770.00 feet, having an arc length of 117.40 feet, having a chord bearing of N 83°34'46"
E, and having a chord length of 117.28 feet, to a point; thence

18+50

19+00

N 79°12'42" E 57.72 feet to a point; thence
with a curve to the left having a radius of 29.00 feet, having an arc length of 43.63 feet, having a chord bearing of N 36°06'28" E,
and having a chord length of 39.63 feet, to a point; thence

19+50

20+00

N 07°00'00" W 307.71 feet to a point; thence

21+50

with a curve to the right having a radius of 235.00 feet, having an arc length of 173.30 feet, having a chord bearing of N
09°16'11" E, and having a chord length of 169.40 feet, to a point; thence

22+00

Sheet 4 of 6

HART FIELD ROAD

22+50

N 30°23'45" E 8.70 feet to a point; thence

23+00

with a curve to the right having a radius of 470.00 feet, having an arc length of 74.13 feet, having a chord bearing of N 34°54'51"
E, and having a chord length of 74.05 feet, to a point; thence

23+50

N 39°25'58" E 42.65 feet to a point; thence
24+00

with a curve to the left having a radius of 210.00 feet, having an arc length of 110.13 feet, having a chord bearing of N 22°07'25"
W, and having a chord length of 108.88 feet, to a point; thence

00
25+

25+50

26+00

26+50

27+00

27+50

28+00

28+50

29+00

29+50

30+00

30+50

31+00

31+50

32+00

N 07°05'58" W 577.21 feet to a capped five-eighth-inch reinforcing rod (set); thence

32+50

with a curve to the left having a radius of 160.00 feet, having an arc length of 145.05 feet, having a chord bearing of N 18°52'16"
E, and having a chord length of 140.13 feet, to a capped five-eighth-inch reinforcing rod (set); thence

Hart Field Road

33+00

HHaar
tmaan
(WV trm
S
Ctoaut nRRuunnR
entR
y oRuo Rooaadd
teut8e
5875)7
)
33+28.76

N 44°50'31" E 50.20 feet to a point; thence

24+50

with a curve to the right having a radius of 700.00 feet, having an arc length of 66.09 feet, having a chord bearing of N 42°08'14"
E, and having a chord length of 66.06 feet, to a point; thence

Sheet 5 of 6

N 37°08'52" W 74.59 feet to a point; thence
Sheet 6 of 6

N 38°32'08" W 40.95 feet to a point; thence
with a curve to the left having a radius of 980.00 feet, having an arc length of 50.99 feet, having a chord bearing of N 40°01'33"
W, and having a chord length of 50.98 feet, to a point; thence

This document
originally issued and
sealed by
Douglas A. Bell
P.S.#2379 on July 29,
2026. This document
should not be
considered a certified
document.

N 41°30'59" W 21.40 feet to a capped five-eighth-inch reinforcing rod (set); thence
S 83°15'43" W 44.38 feet to a capped five-eighth-inch reinforcing rod (set) in the easterly right-of-way limits of West Virginia
County Route 857, also known as Hartman Run Road; thence with the easterly right-of-way limits of West Virginia County Route
857

0'

150'

300'

450'
Signature

One Inch = 150 Feet

Date

Douglas A. Bell, P.S. # 2379
Triad Engineering, Inc.

SCALE:

EXISTING CONDITIONS PLAN

21+00

N 11°51'23" W 177.03 feet to a spike nail (set); thence

MONONGALIA COUNTY, MORGANTOWN, WV

20+50

with a curve to the left having a radius of 980.00 feet, having an arc length of 83.06 feet, having a chord bearing of N 09°25'41"
W, and having a chord length of 83.04 feet, to a point; thence

with a curve to the left having a radius of 149.27 feet, having an arc length of 145.26 feet, having a chord bearing of N 08°18'32"
W, and having a chord length of 139.60 feet, to the point of beginning, containing 2.738 acres, all bearings based on the West
Virginia State Plane Coordinate System, North Zone, as surveyed by Triad Engineering, Inc. under the supervision of Douglas A.
Bell, PS#2379 and as shown on a plat dated July 29, 2026, attached hereto and made a part of this description by reference.
Being a part of the same property conveyed to The City of Morgantown by Deeds found in Deed Book 273 Page 266, Deed Book
275 Page 227, Deed Book 279 Page 448, Deed Book 481 Page 442, and Deed Book 597 Page 271, said Deeds being of record
in the Office of the Clerk of the County Commission of Monongalia County.

CHECKED BY:

N 20°28'12" E 43.30 feet to a spike nail (set); thence through lands now or formerly owned by the City of Morgantown (Deed
Book 273 Page 266), thence along the line of lands now or formerly owned by RDR Properties LLC (Deed Book 1710 Page 27,
Deed Book 1559 Page 491); thence through lands now or formerly owned by the City of Morgantown (Deed Book 275 Page 227,
Deed Book 481 Page 442, Deed Book 279 Page 448, and Deed Book 597 Page 271)

BES

DRAWN BY:

S 87°56'50" W 640.75 feet to a spike nail (set) in the easterly right-of-way limits of West Virginia County Route 857, also known
as Hartman Run Road; thence with the easterly right-of-way limits of West Virginia County Route 857

15
+5
0

State Project: U331-MOR/GA-21.00, Federal Project: TAP-2022 (133) D.

with a curve to the right having a radius of 810.00 feet, having an arc length of 123.50 feet, having a chord bearing of S 83°34'46"
W, and having a chord length of 123.38 feet, to a spike nail (set); thence
15
+0
0

9. Road and sidewalk center line and stationing provided by Michael Baker. Site Layout Plan, dated July 10, 2025,

S 79°12'42" W 57.72 feet to a point; thence

14+
00

8. This plat is valid in its original form only; any reproduction that alters the original dimensions (24" x 36") or
diminishes the original level of detail must be considered invalid for all purposes, including as a reference for
the description or transfer of land.

AREA TO BE
DEDICATED
2.738 Acres

with a curve to the right having a radius of 69.00 feet, having an arc length of 103.82 feet, having a chord bearing of S 36°06'21"
W, and having a chord length of 94.30 feet, to a point; thence

13+50

7. Bearings shown hereon are referenced to the West Virginia Coordinate System, North Zone [NAD83 (2011)], as
derived from NGS OPUS point solutions. Distances given hereon are horizontal and in units of U.S. survey
feet.

S 07°00'00" E 224.45 feet to a point; thence

13+00

6. The boundary line information presented hereon is based on documents of record in the Office of the
Monongalia County Clerk in Monongalia County, West Virginia.

N 83°00'43" E 10.00 feet to a point; thence

12+50

5. The corner monuments shown hereon are as found or set during the field survey, which was conducted on July
29, 2026.

12+00

4. This drawing is based on a survey that was conducted without the benefit of an attorney's title report and
therefore may not reflect all encumbrances of record.

14
+5
0

3. Subsurface utilities depicted hereon are based on the following sources of information: surveyed locations of
observed evidence.

DESCRIPTION

9+50

2. It is a prospective excavator's responsibility to ascertain the status and location of each utility before performing
any work which may affect such facilities, including probing, excavation, or any other activity that has the
potential to damage existing utilities. Call 811 or 1-800-245-4848 at least two business days prior to any
proposed excavation.

1" = 150'

ENGINEERING, INC.
www.triadeng.com

SHEET NUMBER:

CS
PROJECT NO.: 01-26-0111

44

BY

OFFICE LOCATIONS
MARYLAND ○ OHIO ○ PENNSYLVANIA ○ VIRGINIA ○ WEST VIRGINIA

1097 CHAPLIN ROAD
MORGANTOWN, WV 26501
PH: 304.296.2562 FAX: 304.296.8739

W.V.C.S., N.Z.
NAD 83 (2011)

GRID NORTH

TRIAD ENGINEERING, INC.

Item 11D.

0+
00

0+
DESCRIPTION

07-29-2026

DATE:

DAB

CHECKED BY:

BES

DRAWN BY:

50

1+

REV. #

DATE

M

1+
00

(W ile
V gr
St ou
at
e nd
Ro R
ut o
e
11 ad
9)

50

The City of Morgantown
Deed Book 597, Page 271
Tax Parcel 14-32A-3

00

2+
T
T

UG

AS
G

T

AS

UG

G

ad
Ro

Capped 5/8" Reinforcing Rod Set

T

AS

ld

Monument Found (as noted)

UG

G

e
Fi

Control Point

AS

T
UG

G

T
UG

S

Gas Line Marker

GA

00
3+

Electric Transformer

HART FIELD ROAD

Mag Spike Set
Electric Box

nc
te

re

T

S

UG

GA

Sanitary Sewer Manhole

Co

Gas Valve

Si
de

T

Telephone Pedestal

wa

UG

AS

G

Drop Inlet

lk S

G
AS

UG
G
AS

50
3+

S
T GA
UG
S
T GA

UG

4+

00

S
T GA

UG

Utility Line Extents Unknown

UG
T

UG
AS
G

UG

4+

50

PC

9
1.

AS

G

rtm
WV an R
Ro un
ute Ro
85 ad
7

T

UG

Ha

S

AS

G

1

4
4+

0'
.0
20 7' E
10 3.0 3"
R 5 '3
A °01 6'
0
40 53.

T

www.triadeng.com

SHEET NUMBER:

1 OF 6
PROJECT NO.: 01-26-0111

T

"W
59
0' '
°3 .40
41 21

8'
3" W 44.3

S 83°15'4

N

One Inch = 20 Feet

60'

Rim Elevation = 1216.13'

UG

40'

AS
G

20'

ENGINEERING, INC.

T

Truncated Domes

0'

1" = 20'

MATCH LINE - A

S

MATCH LINE - A

Storm Drain Line

SCALE:

T GA

Overhead Wire

S

OHW

T GA

OHW

UG

Gravel Road
Underground Telephone Line

S
T GA

UG

R 149.27'
A 145.26'
N 08°18'32" W
139.60'

Chainlink Fence
Guardrail
Asphalt Road
UGT

UG

Boundary Line
Adjoiner Boundary Line
Right-Of-Way Line / Easement Limit

UGT

'
52

Yield Sign

Sign (Double-Post)

3.

S
T GA

UG

Sign (Single-Post)

16

S
T GA

UG

Mailbox

"E

Utility Pole
Guy Anchor Wire
Light Post

59

0'

°3

T

41

Water Valve
Fire Hydrant

EXISTING CONDITIONS PLAN

UG

rt
Ha

Calculated Point

MONONGALIA COUNTY, MORGANTOWN, WV

50

2+

LEGEND

45

Control Point

TRIAD ENGINEERING, INC.

W.V.C.S., N.Z.
NAD 83 (2011)

Calculated Point
Monument Found (as noted)
Capped 5/8" Reinforcing Rod Set

GRID NORTH

Mag Spike Set
Electric Box
Electric Transformer
Gas Line Marker
Gas Valve
Sanitary Sewer Manhole

MATCH LINE - B

Drop Inlet
Telephone Pedestal
Water Valve
Fire Hydrant
Utility Pole
Guy Anchor Wire
Light Post
Mailbox
Sign (Single-Post)
Sign (Double-Post)

The City of Morgantown
Deed Book 597, Page 271
Tax Parcel 14-32A-3

Boundary Line
Adjoiner Boundary Line
Right-Of-Way Line / Easement Limit

1097 CHAPLIN ROAD
MORGANTOWN, WV 26501
PH: 304.296.2562 FAX: 304.296.8739

LEGEND

OFFICE LOCATIONS
MARYLAND ○ OHIO ○ PENNSYLVANIA ○ VIRGINIA ○ WEST VIRGINIA

Item 11D.

BY

Chainlink Fence
Guardrail
Asphalt Road
UGT

UGT

Gravel Road
Underground Telephone Line

OHW

OHW

Overhead Wire
Storm Drain Line
Utility Line Extents Unknown
Truncated Domes

.21'
8" E 57UG7T
S 07°05'5

AS

GA

S

92
3.

AS
G

AS
G

N

W
8"
0
'
2
°3
38

AS
G

0'
.0 '
0
9
9 8 .9 " W
R 50 '33
A 01 8'
° 9
40 50.
N

91
1.
PC

4
4+

Ha
r tm
WV an R
Ro un
ute Ro
85 ad
7

DATE
REV. #

07-29-2026

DATE:

DAB

8

PC

'
95

44.38'

MATCH LINE - A

The City of Morgantown
Deed Book 279, Page 448
Tax Parcel 14-32A-5

.
40

"W
59 '
'
0
°3 .40
1
4 21
N

00

R 149.27'
A 145.26'
N 08°18'32" W
139.60'

PT7+30.5

96
9.
0
6+

3

'52

Rim Elevation = 1216.13'
4+

S
T GA

N

08
7°

"W

S

AS

S
T GA

S
T GA
UG

UG

S

GA

S

9
4+
PT

T
UG

3" W
S 83°15'4

UG

S
T GA

S

'

S

GA

S
T GA
UG

UG

59

.
74

Street
Sign

SCALE:

EXISTING CONDITIONS PLAN

G

S

50
4+

T
UG

S
GA

MONONGALIA COUNTY, MORGANTOWN, WV

T
UG

G

S

HART FIELD ROAD

T
UG

T

GA

GA

00

UG

The City of Morgantown
Deed Book 597, Page 271
Tax Parcel 14-32A-3

5+

0'
.0 '
0
2 7 E
10 3.0 33"
R 5 1' '
A °0 6
0
40 53.
S

S
GA

50

GA

GA

S
GA

GA

S
GA

GA

00'
10. 3'
2
1
R
10.
W
A 1 7'25"
0
'
2°
N 2 108.88

S

5+

S

2
°3
38

"E
'08

3'
.4
1
4

T
UG

T
UG

T

S

S

T
UG

T
UG

'5

08

UG

S
GA

0

S

°
37

7

Road

The City of Morgantown
Deed Book 279, Page 448
Tax Parcel 14-32A-5

CHECKED BY:

5.

E
2"

T
UG

'
08

GA

Hart Field

S
GA

0
6+

MATCH LINE - A

T
UG

7.21'
8" W 57

N 07°05'5

MATCH LINE - B

GA

T

UG

GAS

50

T
UG

S
GA

S
GA

6+

T

UG

T

GAS

GAS

GAS

GAS

GAS

9+50

UG

GAS

GAS

GAS

GAS

GAS

GAS

9+00

T

UG

GA

S
GA

GAS

GAS

GAS

GAS

GAS

GAS

UGT
GAS

8+00

U

GAS

GAS

GAS

S
GA

UGT
GAS

UGT

GAS

GAS

7+00

T

UG
GT

UGT

GAS

UGT
GAS

UGT
GAS

7+50

UG

UGT

UGT

UGT
GAS

UGT

UGT

UGT

UGT

GAS

GAS

GAS

UGT

GAS

8+50

UGT

00'
50. 1'
2
1
R
E
31.
T
UG
A 1 7'25"
0
T
'
S
2°
UG
GA
S 2 29.61
1
S
T

UGT

UGT

UGT

UGT

UGT

UGT

UGT

UGT

UGT

UGT

UGT

UGT
GAS

UGT

GAS

10+00

One Inch = 20 Feet

UGT

UGT

UGT

UGT

GAS

GAS

DESCRIPTION

60'

GAS

GAS

BES

40'

UGT

GAS

GAS

UGT
GAS

DRAWN BY:

20'

UGT

UGT

UGT

10+50

0'

UGT

UGT

UGT

1" = 20'

ENGINEERING, INC.
36" RCP Inv. (Out) Elevation = 1199.43'

www.triadeng.com

SHEET NUMBER:
18" HDPE Inv. (Out) Elevation = 1204.37'

2 OF 6
PROJECT NO.: 01-26-0111

46

MATCH LINE - B

GRID NORTH

The City of Morgantown
Deed Book 279, Page 448
Tax Parcel 14-32A-5

BY
GAS

UGT

GAS

UGT
GAS

UGT
GAS

UGT
GAS

GAS

UGT

GAS

UGT

GAS

UG

T

GA
S

UG

T

GA
S
GA
S

GA
S

UG
T

GA
S

UG

T
UG

T

GA

S

UG

T

G

AS

UG

G

AS

T

G
AS

UG

T

SUG
G
AS

44
°5

T

0'U
3G1T
"
AS

70
.9

W
U

14
+

G
AS

PT

The City of Morgantown
Deed Book 279, Page 448
Tax Parcel 14-32A-5

5G0T
.2
G

1
5
+0
0

MATCH LINE - B

0' UG
T

AS
UG

T

G

AS

UG

T

15

Rim Elevation = 1228.46'

+5
0

G

AS

UG

T

G

AS

UG

T

GA

5+
85
.

R
A 700
42 66 .0
°
. 0
66 08'1 09' '
.0 4"
6'
E

39
S

UG

T

5'
58

"W
G

37

N

S

GA °2

1

PT

S

AS

UG
T
UG

0

+0

16

42
GA
S

T

.6

5'

UG

T

GA

UG

S

39
°2

5'

Calculated Point

T

GA

S

S

S

"E
+5

.6

GA
S

0

5'

R
4
A 30.
6
34 7 00'
°5U .82
67 G4T'51 '
GA
.75 "
S
UG
' W
T

UG
T
GA

58

42

Monument Found (as noted)

UG

S

16

Control Point

T

GA

02

LEGEND

PC
1
6
+2
8.

N

UG

Capped 5/8" Reinforcing Rod Set

T

Mag Spike Set

S

98

16
+

+0

17

Gas Valve

.99

The City of Morgantown
Deed Book 275, Page 227
Tax Parcel 14-32A-9

Gas Line Marker

Telephone Pedestal
Water Valve
Fire Hydrant
Utility Pole
Guy Anchor Wire
Light Post
Mailbox
Sign (Single-Post)
Sign (Double-Post)
Boundary Line
Adjoiner Boundary Line
Right-Of-Way Line / Easement Limit
Chainlink Fence
Guardrail
Asphalt Road
UGT

UGT

OHW

OHW

Overhead Wire

R
4
A 70.
7
34 4. 00'
°5 13
74 4'51 '
.05 "
E
'

MATCH LINE - C

N

0

Sanitary Sewer Manhole
Drop Inlet

Gravel Road
Underground Telephone Line

PT

GA

Electric Box

HART FIELD ROAD

GA
S

Electric Transformer

07-29-2026

G

DATE:

.2
0'

EXISTING CONDITIONS PLAN

50

DAB

AS

CHECKED BY:

E

R
A 660
42 6 .0
°0UG 2. 0
6 8'T1 31' '
G 2
AS .
29 4" U
W GT
'

ST

MONONGALIA COUNTY, MORGANTOWN, WV

G

BES

UG

7

1"

T

AS

.1

'3

UG

G

DRAWN BY:

15

44
°5
0

+2
1

Rim Elevation = 1212.50'

The City of Morgantown
Deed Book 481, Page 442
Tax Parcel 14-32A-6

PC

N

REV. #

AS

MATCH LINE - C

7.21'
8" W 57
N 07°05'5

7

G

DATE

R1
6
A 1 0.00'
4
5
N1
8°52 .05'
140 '16" E
.13'

14
+5
0

10+00

10+50

DESCRIPTION

00

Road

14+

Hart Field

UG

T

.79
PC13+07

GAS

GAS

GAS

R2
0
A 1 0.00'
8
1
N1
8°52 .31'
175 '16" E
UGT
.16'
13+
95.4
7PI

GAS

GAS

GAS

GAS

UGT

13+50

GAS

GAS

GAS

GAS

GAS

GAS

UGT
GAS

GAS

GAS

GAS

13+00

GAS

GAS

GAS

GAS

GAS

GAS

GAS

GAS

UGT

GAS

UGT

UGT

GAS

UGT

UGT

UGT

UGT

UGT

UGT

12+50

GAS

UGT

GAS

GAS

11+00

GAS

UGT

UGT

UGT

UGT

UGT

UGT

UGT

UGT

GAS

UGT

UGT

UGT

UGT

12+00

T

UGT

The City of Morgantown
Deed Book 275, Page 227
Tax Parcel 14-32A-9

UGT

UGT

UGT

UGT

UGT

UGT

11+50

UG
.21' UGT
UGT
8" E 57UG7T
GAS
'5
5
°0
7
S
0
GA
S
UGT
GAS
UGT

The City of Morgantown
Deed Book 481, Page 442
Tax Parcel 14-32A-6

1097 CHAPLIN ROAD
MORGANTOWN, WV 26501
PH: 304.296.2562 FAX: 304.296.8739

TRIAD ENGINEERING, INC.

W.V.C.S., N.Z.
NAD 83 (2011)

OFFICE LOCATIONS
MARYLAND ○ OHIO ○ PENNSYLVANIA ○ VIRGINIA ○ WEST VIRGINIA

Item 11D.

N 30°23'45" E 8.70'
SCALE:

1" = 20'

Storm Drain Line
Utility Line Extents Unknown
Truncated Domes

ENGINEERING, INC.
www.triadeng.com

SHEET NUMBER:
0'

20'

40'

One Inch = 20 Feet

60'

3 OF 6
PROJECT NO.: 01-26-0111

47

MATCH LINE - C

BY

Morgantown Municipal Airport

UG
T

T

UG
T

10.00'

UGT

alk

idew
rete S

GAS

Conc

18+50

18+00

66.24

19+00

PT18+

50

17+

5

W
1'23"

GAS

GAS

N 11°

N 30°23'45" E 8.70'

R 235.0
0'
A 173.3
0
'
N 09°16
'11" E
169.40'

177.0

3'

0'
R 980.0
'
6
.0
3
A8
"W
1
'4
5
N 09°2
83.04'

20.00'
Baggage,
Car
Rental &
Airlines
Sign

DATE

UGT GAS

UGT GAS

REV. #

GAS

07-29-2026

GAS

19+50

GAS

ad

o
ield R
Hart F

DATE:

GAS

R 195.00'
A 14
UGT 3.80'
GAS
UGT
S
09°16GAS
'11" W GAS
140.56'

UGT

DAB

UGT

GAS

CHECKED BY:

UGT

GA
S

BES

UGT

DRAWN BY:

S 11

UGT
GA
S

3'

177.0

20+00

+0
0

PC
1
7+
07
.69

"E
°51'23

UGT

7.71'
0" W 30

N 07°00'0

MATCH LINE - D

UG
T

GA
S

20+50

GA
S

0.69'

P

S 81°41'52" W 10.00'

UG
T

.03
PT21+28

T

T1
6
+9
8.9
9

17

R
47
A
0
N
34 74. .00'
°5 13
74 4'51 '
.05 "
E
'

ewalk

te Sid

21+00

UG

GA
S

re
Conc

30.00'

0

T

DESCRIPTION

21+50

+5

UG

GA
S

40.00'

16

T

GA
S

10.00'

6'
0" E 83.2

S 07°00'0

1.00'

S 30°23'45" W 8.70'

10.00'

GA
S

1.36'

.00'
R 1020 '
8
A 65.1
2" E
'3
1
S 10°0 '
65.17

S

22+00

R
4
A 30.
34 67 00'
°5U .82
67 G4T'51 '
GA
.75 "
S
UG
' W

UG
T

22+50

.0
2

GA
S

40.00'

6+
28

UG
T

3.27

PC
1

N 83°00'43" E 10.00'

GA
S

20.00'

S

+4
PC20

GA

10.00'

UG

R 1010.00'
A 21.04'
S 07°35'50" E
21.04'

GAS

The City of Morgantown
Deed Book 275, Page 227
Tax Parcel 14-32A-9

Calculated Point
Control Point
Monument Found (as noted)
Capped 5/8" Reinforcing Rod Set

HART FIELD ROAD

Mag Spike Set
Electric Box
Electric Transformer
Gas Line Marker
Gas Valve
Sanitary Sewer Manhole
Drop Inlet
Telephone Pedestal
Water Valve
Fire Hydrant
Utility Pole
Guy Anchor Wire
Light Post
Mailbox
Sign (Single-Post)
Sign (Double-Post)
Boundary Line
Adjoiner Boundary Line
Right-Of-Way Line / Easement Limit
Chainlink Fence
Guardrail
Asphalt Road
UGT

UGT

Gravel Road
Underground Telephone Line

OHW

OHW

Overhead Wire

SCALE:

EXISTING CONDITIONS PLAN

LEGEND

MONONGALIA COUNTY, MORGANTOWN, WV

42
.
GA 65
S
'

GAS

25
UG
'5
T
8"
W

GAS

39
°

The City of Morgantown
Deed Book 275, Page 227
Tax Parcel 14-32A-9

MATCH LINE - C

S

MATCH LINE - D

GRID NORTH

1097 CHAPLIN ROAD
MORGANTOWN, WV 26501
PH: 304.296.2562 FAX: 304.296.8739

TRIAD ENGINEERING, INC.

W.V.C.S., N.Z.
NAD 83 (2011)

OFFICE LOCATIONS
MARYLAND ○ OHIO ○ PENNSYLVANIA ○ VIRGINIA ○ WEST VIRGINIA

Item 11D.

1" = 20'

Storm Drain Line
Utility Line Extents Unknown
Truncated Domes

ENGINEERING, INC.
www.triadeng.com

SHEET NUMBER:
0'

20'

40'

One Inch = 20 Feet

60'

4 OF 6
PROJECT NO.: 01-26-0111

48

7.71'
0" W 30
N 07°00'0
23+00

S 07°00'0

Do Not
Enter Sign

Calculated Point
Control Point

.45'
0" E 22 4

1.64'

Shops &
Restaurant
Sign

LEGEND

Monument Found (as noted)
Morgantown Municipal Airport

Capped 5/8" Reinforcing Rod Set
Mag Spike Set

BY

Crosswalk
Sign

OFFICE LOCATIONS
MARYLAND ○ OHIO ○ PENNSYLVANIA ○ VIRGINIA ○ WEST VIRGINIA

MATCH LINE - D

1097 CHAPLIN ROAD
MORGANTOWN, WV 26501
PH: 304.296.2562 FAX: 304.296.8739

22+50

W.V.C.S., N.Z.
NAD 83 (2011)

GRID NORTH

MATCH LINE - D

TRIAD ENGINEERING, INC.

Item 11D.

Electric Box
Electric Transformer

1.65'

Gas Line Marker
Gas Valve

23+50

Sanitary Sewer Manhole
Drop Inlet

Roa

d

Telephone Pedestal
Water Valve

eld

Fire Hydrant

DESCRIPTION

Har

t Fi

Utility Pole
Guy Anchor Wire
Light Post
Mailbox
Sign (Single-Post)
Sign (Double-Post)
Boundary Line
Adjoiner Boundary Line
Right-Of-Way Line / Easement Limit

24+00

Chainlink Fence
Guardrail
Asphalt Road
UGT

UGT

Gravel Road
Underground Telephone Line

OHW

OHW

Overhead Wire

2.96'

Storm Drain Line

REV. #

W

PK Nail (found)

OH

W
OH

OH

Hart Field Road

W
OH

W
OH

27+00

27+50

28+00

28+50

W
OH

W

W

W

W

Speed
Limit Sign

PT26+87.64

OH

(35.22')

29+00

OH

Stop Sign

2'42" W
S 79°1 2'
57.7

W
OH
W
OH

R 810.00'
A 123.50'
"W
S 83°34'46
'
8
123.3

W
OH

W
OH

WVU
Sign

Rim Elevation = 1217.40'
Rim Elevation = 1210.73'

07-29-2026

0'
.0 '
69 3.82 " W
R 10 21
A °06' 0'
3
36 94.
S

MATCH LINE - E

SCALE:

MONONGALIA COUNTY, MORGANTOWN, WV

Rim Elevation = 1208.00'

HART FIELD ROAD

OHW

OHW

OHW

OHW

OHW

00

OHW

OHW

25+

OHW

OHW

25+50

OHW

OHW

67.19

PK Nail (found)

OHW

OHW

26+00

OHW

OHW

OHW

26+50

OHW

OHW

09.47

OHW

OHW

OHW
W
OH

7.72'
"E 5

2'42
N 79°1

PT25+

OHW

OHW

OHW

OHW

0'
R 770.0
0'
.4
Do Not
A 117
6" E
Enter Sign
'4
N 83°34 '
8
117.2

DATE:

N

60'

OH

(139.90')

The City of Morgantown
Deed Book 275, Page 227
Tax Parcel 14-32A-9

One Inch = 20 Feet

HW

PC25+

OHW

40'

EXISTING CONDITIONS PLAN

O

20'

DAB

W

OH

W
OH

OHW

Do Not
Enter Sign

0'

CHECKED BY:

W
OH
W
OH

W

OHW

R
A 29.0
36 43. 0'
°0 6
39 6'2 3'
.63 8"
E
'

W

OH

OH

OHW

Utility Pit

W
OH

24+50

Rim Elevation = 1218.31'

W
OH

Truncated Domes

BES

W

OH

W
OH

OHW

5

.7
PC24+35

W

DRAWN BY:

OH

idewalk
Concrete S

MATCH LINE - E

N/F RDR Properties LLC
Deed Book 1559 Page 491
Tax Parcel 14-32-9.1

The City of Morgantown
Deed Book 275, Page 227
Tax Parcel 14-32A-9

DATE

Utility Line Extents Unknown

1" = 20'

ENGINEERING, INC.
www.triadeng.com

SHEET NUMBER:

5 OF 6
PROJECT NO.: 01-26-0111

49

BY

OFFICE LOCATIONS
MARYLAND ○ OHIO ○ PENNSYLVANIA ○ VIRGINIA ○ WEST VIRGINIA

1097 CHAPLIN ROAD
MORGANTOWN, WV 26501
PH: 304.296.2562 FAX: 304.296.8739

GRID NORTH

W.V.C.S., N.Z.
NAD 83 (2011)

TRIAD ENGINEERING, INC.

Item 11D.

DESCRIPTION

MATCH LINE - E

N/F RDR Properties LLC
Deed Book 1559 Page 491
Tax Parcel 14-32-9.1

N/F RDR Properties LLC
Deed Book 1710 Page 27
Tax Parcel 14-32-9.4

The City of Morgantown
Deed Book 273, Page 266
Tax Parcel 14-32A-13

tma
WV n Run
Rou
R
te 8 oad
57

Rim Elevation = 1156.73'

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

OHW

(449.04')

OHW

OHW

OHW

OHW

PK Nail (found)

(35.22')

N 87°56'50" E 624.16'

Street Sign

OHW

Rim Elevation = 1179.14'

DATE

28+50

REV. #

07-29-2026

DATE:

DAB

CHECKED BY:

S 87°56'50" W 640.75'

BES

29+50

29+00

WVU
Sign

DRAWN BY:

Speed
Limit Sign

Hart Field Road

30+00

31+00

31+50

32+00

32+50

33+00

N2

0°2

8'12
"

E

Rim Elevation = 1152.35'

30+50

43.3
0'

Har

Stop Sign

Stop Sign

Calculated Point
Control Point
Monument Found (as noted)
Capped 5/8" Reinforcing Rod Set

HART FIELD ROAD

Mag Spike Set
Electric Box
Electric Transformer
Gas Line Marker
Gas Valve
Sanitary Sewer Manhole
Drop Inlet
Telephone Pedestal
Water Valve
Fire Hydrant
Utility Pole
Guy Anchor Wire
Light Post
Mailbox
Sign (Single-Post)
Sign (Double-Post)
Boundary Line
Adjoiner Boundary Line
Right-Of-Way Line / Easement Limit
Chainlink Fence
Guardrail
Asphalt Road
UGT

UGT

Gravel Road
Underground Telephone Line

OHW

OHW

Overhead Wire

SCALE:

EXISTING CONDITIONS PLAN

LEGEND

MONONGALIA COUNTY, MORGANTOWN, WV

The City of Morgantown
Deed Book 275, Page 227
Tax Parcel 14-32A-9

MATCH LINE - E

The City of Morgantown
Deed Book 273, Page 266
Tax Parcel 14-32A-13

1" = 20'

Storm Drain Line
Utility Line Extents Unknown
Truncated Domes

ENGINEERING, INC.
www.triadeng.com

SHEET NUMBER:
0'

20'

40'

One Inch = 20 Feet

60'

6 OF 6
PROJECT NO.: 01-26-0111

50

Item 11D.

July 29, 2026

DESCRIPTION OF LAND SURVEYED FOR THE CITY OF MORGANTOWN
Right-of-Way Dedication of Hart Field Road
Triad Project 01-26-0111

Being a parcel of land lying and being situate in The Sixth Ward of The City of Morgantown,
Monongalia County, West Virginia, more particularly described as follows:
Beginning at a capped five-eighth-inch reinforcing rod (set) in the easterly right-of-way limits of West
Virginia County Route 857, also known as Hartman Run Road; Thence through lands now or
formerly owned by the City of Morgantown (Deed Book 597 Page 271, Deed Book 279 Page 448,
Deed Book 481 Page 442, Deed Book 275 Page 227, and Deed Book 273 Page 266)
S 41°30'59" E 163.52 feet to a point; thence
with a curve to the right having a radius of 1020.00 feet, having an arc length of 53.07 feet, having
a chord bearing of S 40°01'33" E, and having a chord length of 53.06 feet to a point; thence
S 38°32'08" E 41.43 feet to a point; thence
S 37°08'52" E 75.08 feet to a point; thence
with a curve to the right having a radius of 250.00 feet, having an arc length of 131.11 feet, having
a chord bearing of S 22°07'25" E, and having a chord length of 129.61 feet, to a capped fiveeighth-inch reinforcing rod (set); thence
S 07°05'58" E 577.21 feet to a capped five-eighth-inch reinforcing rod (set); thence
with a curve to the right having a radius of 200.00 feet, having an arc length of 181.31 feet, having
a chord bearing of S 18°52'16" W, and having a chord length of 175.16 feet, to a point; thence
S 44°50'31" W 50.20 feet to a point; thence
with a curve to the left having a radius of 660.00 feet, having an arc length of 62.31 feet, having a
chord bearing of S 42°08'14" W, and having a chord length of 62.29 feet, to a point; thence
S 39°25'58" W 42.65 feet to a point; thence
with a curve to the left having a radius of 430.00 feet, having an arc length of 67.82 feet, having a
chord bearing of S 34°54'51" W, and having a chord length of 67.75 feet, to a point; thence
S 30°23'45" W 8.70 feet to a point; thence
with a curve to the left having a radius of 195.00 feet, having an arc length of 143.80 feet, having a
chord bearing of S 09°16'11" W, and having a chord length of 140.56 feet, to a

51

Hart Field Road Dedication Survey
Triad Project No. 01-26-0111

July 29, 2026
Page 2

Item 11D.

S 11°51'23" E 177.03 feet to a point; thence
with a curve to the right having a radius of 1020.00 feet, having an arc length of 65.18 feet, having
a chord bearing of S 10°01'32" E, and having a chord length of 65.17 feet, to a point; thence
S 81°41'52" W 10.00 feet to a point; thence
with a curve to the right having a radius of 1010.00 feet, having an arc length of 21.04 feet, having
a chord bearing of S 07°35'50" E, and having a chord length of 21.04 feet, to a point; thence
S 07°00'00" E 83.26 feet to a point; thence
N 83°00'43" E 10.00 feet to a point; thence
S 07°00'00" E 224.45 feet to a point; thence
with a curve to the right having a radius of 69.00 feet, having an arc length of 103.82 feet, having a
chord bearing of S 36°06'21" W, and having a chord length of 94.30 feet, to a point; thence
S 79°12'42" W 57.72 feet to a point; thence
with a curve to the right having a radius of 810.00 feet, having an arc length of 123.50 feet, having
a chord bearing of S 83°34'46" W, and having a chord length of 123.38 feet, to a spike nail (set);
thence
S 87°56'50" W 640.75 feet to a spike nail (set) in the easterly right-of-way limits of West Virginia
County Route 857, also known as Hartman Run Road; thence with the easterly right-of-way limits of
West Virginia County Route 857
N 20°28'12" E 43.30 feet to a spike nail (set); thence through lands now or formerly owned by the
City of Morgantown (Deed Book 273 Page 266), thence along the line of lands now or formerly
owned by RDR Properties LLC (Deed Book 1710 Page 27, Deed Book 1559 Page 491); thence
through lands now or formerly owned by the City of Morgantown (Deed Book 275 Page 227, Deed
Book 481 Page 442, Deed Book 279 Page 448, and Deed Book 597 Page 271)
N 87°56'50" E passing nails (found) at 449.04 feet and 484.26 feet, 624.16 feet in all to a capped
five-eighth-inch reinforcing rod (set); thence
with a curve to the left having a radius of 770.00 feet, having an arc length of 117.40 feet, having a
chord bearing of N 83°34'46" E, and having a chord length of 117.28 feet, to a point; thence
N 79°12'42" E 57.72 feet to a point; thence
with a curve to the left having a radius of 29.00 feet, having an arc length of 43.63 feet, having a
chord bearing of N 36°06'28" E, and having a chord length of 39.63 feet, to a point; thence
N 07°00'00" W 307.71 feet to a point; thence
with a curve to the left having a radius of 980.00 feet, having an arc length of 83.06 feet, having a
chord bearing of N 09°25'41" W, and having a chord length of 83.04 feet, to a point; thence

52

Hart Field Road Dedication Survey
Triad Project No. 01-26-0111

July 29, 2026
Page 3

Item 11D.

N 11°51'23" W 177.03 feet to a spike nail (set); thence
with a curve to the right having a radius of 235.00 feet, having an arc length of 173.30 feet, having
a chord bearing of N 09°16'11" E, and having a chord length of 169.40 feet, to a point; thence
N 30°23'45" E 8.70 feet to a point; thence
with a curve to the right having a radius of 470.00 feet, having an arc length of 74.13 feet, having a
chord bearing of N 34°54'51" E, and having a chord length of 74.05 feet, to a point; thence
N 39°25'58" E 42.65 feet to a point; thence
with a curve to the right having a radius of 700.00 feet, having an arc length of 66.09 feet, having a
chord bearing of N 42°08'14" E, and having a chord length of 66.06 feet, to a point; thence
N 44°50'31" E 50.20 feet to a point; thence
with a curve to the left having a radius of 160.00 feet, having an arc length of 145.05 feet, having a
chord bearing of N 18°52'16" E, and having a chord length of 140.13 feet, to a capped five-eighthinch reinforcing rod (set); thence
N 07°05'58" W 577.21 feet to a capped five-eighth-inch reinforcing rod (set); thence
with a curve to the left having a radius of 210.00 feet, having an arc length of 110.13 feet, having a
chord bearing of N 22°07'25" W, and having a chord length of 108.88 feet, to a point; thence
N 37°08'52" W 74.59 feet to a point; thence
N 38°32'08" W 40.95 feet to a point; thence
with a curve to the left having a radius of 980.00 feet, having an arc length of 50.99 feet, having a
chord bearing of N 40°01'33" W, and having a chord length of 50.98 feet, to a point; thence
N 41°30'59" W 21.40 feet to a capped five-eighth-inch reinforcing rod (set); thence
S 83°15'43" W 44.38 feet to a capped five-eighth-inch reinforcing rod (set) in the easterly right-ofway limits of West Virginia County Route 857, also known as Hartman Run Road; thence with the
easterly right-of-way limits of West Virginia County Route 857
with a curve to the left having a radius of 149.27 feet, having an arc length of 145.26 feet, having a
chord bearing of N 08°18'32" W, and having a chord length of 139.60 feet, to the point of
beginning, containing 2.738 acres, all bearings based on the West Virginia State Plane Coordinate
System, North Zone, as surveyed by Triad Engineering, Inc. under the supervision of Douglas A.
Bell, PS#2379 and as shown on a plat dated July 29, 2026, attached hereto and made a part of this
description by reference. Being a part of the same property conveyed to The City of Morgantown by
Deeds found in Deed Book 273 Page 266, Deed Book 275 Page 227, Deed Book 279 Page 448,
Deed Book 481 Page 442, and Deed Book 597 Page 271, said Deeds being of record in the Office
of the Clerk of the County Commission of Monongalia County.

53

Item 11E.

City Council
Agenda Item Summary
Council Meeting Date: 08/11/2026
Item: Consideration of (APPROVAL) of A Resolution Amending the FY 2026-2027
Budget Revision for the Morgantown Capital Escrow Fund (Revision #2)
Department:
Requested By:
Strategic Goal:

Finance Department
Jennifer Street, Interim Finance Director
Excellent and Responsible – Fiscal Sustainability

Recommended Motion: Move to approve the resolution amending the FY2026-2027
Budget Revision for the Morgantown Capital Escrow Fund (Revision #2)

Item Summary: Attached is a narrative and proposed amendment to the Capital
Escrow Fund Budget for the Fiscal Year 2026-2027 as follows:
1. Capital Escrow Fund - FY26 Carryovers to FY27 Budget: The proposed budget
revision serves to reconcile the actual unassigned fund balance (Account #299)
available in the Capital Escrow Fund as of June 30, 2026, for appropriation in the FY27
budget. This reconciliation is based on the cash-basis of accounting and reflects the
final FY26 carryover into FY27.
2. Federal DRGR Revenue – Lower Greenmont Bridge: This budget revision
updates the Capital Escrow Fund for Fiscal Year 2027 to incorporate federal revenues
received through the Disaster Recovery Grant Reporting (DRGR) for the disassembly,
packing, removal, and storage of the Fiber Reinforced Polymer (FRP) Bridge. These
adjustments ensure that the City’s financial records accurately reflect all federal
resources provided through the U.S. Department of Housing and Urban Development
(HUD) and that expenditure authority is aligned with the requirements of the project.
The purpose of Budget Revision #2 is to record the actual DRGR funds received for
Grant #B-24-CP-WV-2382 Payment of invoice 211813.
Fiscal Impact: $23,851,185.62 net increase to the overall FY27 Capital Escrow Fund
Budget

54

Item 11E.

RESOLUTION
WHEREAS,

City Administration has presented to Morgantown City Council a
2026-2027 budget revision for the Morgantown Capital Escrow
Fund (Revision 02) and has requested that City Council review
and approve the same;

WHEREAS,

the budget revision in question, a copy of which is hereto attached,
appear to not only be in proper form, but also, acceptable as to
income and expenditures set forth therein;

WHEREAS,

City Council is of the opinion that it should approve said budget
revision.

NOW, THEREFORE, BE IT RESOLVED by the City of Morgantown this _______
day of ____________________, 2026, that the 2026-2027 Budget
Revision for the Morgantown Capital Escrow Fund Budget
(Revision 02) hereto attached is approved.

______________________________
Mayor

______________________________
City Clerk

55

Item 11E.

REQUEST FOR REVISION TO APPROVED BUDGET

LGSD BR (Ver. 2023)

Subject to approval of the state auditor, the governing body requests
Ora Ash, Deputy State Auditor

CONTROL NUMBER

that the budget be revised prior to the expenditure or obligation of funds

West Virginia State Auditor's Office

for which no appropriation or insufficient appropriation currently exists.

200 West Main Street
Clarksburg, WV 26301
Phone: 304-627-2415 ext. 5101 or ext. 5119
Fax: 304-340-5090
Email: [email protected]

(§ 11-8-26a)

254-000-000-399-002

ACCOUNT
DESCRIPTION

Fund:
Revision Number:

Pages:

2026-2027
254
2
1 of 4

CITY OF MORGANTOWN
GOVERNMENT ENTITY

Person To Contact Regarding Request:
Name: Jennifer Street
Phone: 304-284-2571
Fax: 304-284-7418
Email: [email protected]
REVENUES: (net each acct.)
ACCOUNT
NUMBER

Fiscal Year Ending:

389 SPRUCE STREET
STREET OR PO BOX

Municipality
Government Type

MORGANTOWN
CITY

26505
ZIP CODE

PREVIOUSLY
APPROVED AMOUNT

Prior Year Fund Balance

254-000-000-365-000-002 Federal Grant -CDBG

INCREASE

(DECREASE)

REVISED
AMOUNT

-

23,847,835.62

-

23,847,835.62

-

3,350.00

-

3,350.00

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

NET INCREASE/(DECREASE) Revenues (ALL PAGES)

23,851,185.62

Explanation for Account # 378, Municipal Specific:
Explanation for Account # 369, Contributions from Other Funds:

EXPENDITURES: (net each acct.)
ACCOUNT
ACCOUNT
NUMBER
DESCRIPTION
City Attorney: Contracted
Services
254-417-000-230-035
254-420-000-230-008

Engineering: Contracted
Services - GIS Project

254-420-000-253-002

Engineering: Professional
Services Environ Services

(WV CODE 7-1-9)

PREVIOUSLY
APPROVED AMOUNT

145,000.00
45,000.00

INCREASE

(DECREASE)

REVISED
AMOUNT

10,380.76

-

155,380.76

51,500.00

-

51,500.00

12,914.72

-

57,914.72

8,000,000.00

-

8,000,000.00

Enigneering: Capital Outlay254-420-000-458-000-009 Raise Grant Project
Engineering: Capital OutlayRiverfront/Trail Expense
254-420-000-458-001

-

50,000.00

-

50,000.00

254-420-000-458-003

Engineering: Capital OutlayOther Projects

-

46,000.00

-

46,000.00

254-420-000-458-010

Engineering: Capital Outlay Traffic Calming

5,000.00

10,000.00

-

15,000.00

254-420-000-458-035

Engineering: Capital Outlay Sidewalks

40,000.00

6,112.50

-

46,112.50

254-420-000-458-046

Engineering: Capital Outlay Sabraton Improvements

34,013.41

-

34,013.41

-

NET INCREASE/(DECREASE) Expenditures (ALL PAGES)

23,851,185.62

APPROVED BY THE STATE AUDITOR
BY:
Deputy State Auditor, Local Government Services Division

Date

AUTHORIZED SIGNATURE
OF ENTITY

APPROVAL
DATE

56

Item 11E.

EXPENDITURES (CONT'D)
LGSD: BR

CITY OF MORGANTOWN

CITY OF MORGANTOWN

CONTROL NUMBER:

2026-2027

254

2

FY

FUND

REV#

INCREASE

(DECREASE)

BUDGET REVISION REQUEST-SUPPLEMENT

ACCOUNT

ACCOUNT

NUMBER

DESCRIPTION
Engineering: Capital Outlay - Bike
Lanes
254-420-000-458-047
Engineering: Capital Outlay- Fuel
Tanks
254-420-000-458-048
Capital Outlay- White Park EPA
254-420-000-458-084-001 2023
Capital Outlay - White Park EPA
254-420-000-458-084-002 2024
Engineering: Capital Outlay Equip
Vehicles
254-420-000-459-001
Human Resources - Training &
Education - Tuition Reimb
254-422-000-216-003
Contributions: Contrib Govt Entities
Land Reuse & Preserv
254-424-000-567-014
254-424-000-568-001
254-424-000-568-009
254-424-000-568-020
254-424-000-568-027
254-424-000-568-050
254-424-000-568-061
254-424-000-568-063
254-436-000-230-017
254-436-000-459-001
254-437-000-230-005
254-437-000-230-018
254-437-000-230-022
254-437-000-230-033
254-437-000-458-003
254-437-000-458-004
254-437-000-458-011
254-437-000-459-001
254-439-000-459-024
254-440-000-245-005
254-441-000-457-001
254-441-000-457-009

Other Contributions - Civilian Review
Contributions: Other Contributions
Grace Shelter
Contributions: Other Contributions
Human Rights Commission
Contributions: Other Contributions Morgantown Housing
Contributions: Other Contribu - Mon
River Trail Con
Contributions: Other Contribu - Mgtn
Pedestrian Saf
Contributions: Other ContribuDowntown Initiative
Code Enforcement: Contracted Serv
- Demolition
Code Enforcement: Capital Outlay
Equip Vehicles
Planning & Zoning: Contracted
Services Downtown Plan
Planning & Zoning: Contracted
Services Downtown Plan
Planning & Zoning: Contracted
Services Rewrite Subdivision
Planning & Zoning: Contracted
Services Design Services
Planning & Zoning: Capital Outlay Other Projects
Capital Outlay- Mosaic
Neighborhood Engagement
Planning & Zoning: Capital OutlayWay Finding
Planning & Zoning: Capital Outlay
Equip- Vehicles
IT: Capital Outlay Equip - Computer
Equipment
City Hall: Repairs & Maintenance
Woodburn: Capital Outlay Building Improvements
Woodburn: Capital Outlay Building Woodburn

PREVIOUSLY

REVISED

APPROVED AMOUNT

AMOUNT

-

6,754.69

-

6,754.69

-

54,579.12

-

54,579.12

-

497,016.62

497,016.62

-

1,999,062.00

1,999,062.00

-

3.07

-

3.07

-

40,304.00

-

40,304.00

2,000.00

1,484.01

-

3,484.01

-

255.28

-

255.28

28,140.82

-

112,633.82

-

2,381.74

-

2,381.74

-

42,000.00

-

42,000.00

120,410.11

-

227,910.11

-

40,000.00

-

40,000.00

-

82,719.48

-

82,719.48

115,000.00

68,212.35

-

183,212.35

36,000.00

31,057.69

-

67,057.69

154,999.51

-

154,999.51

78,910.14

-

98,910.14

-

154,271.73

-

154,271.73

-

7,500.00

-

7,500.00

-

30,563.98

-

30,563.98

6,000.00

6,376.52

-

12,376.52

-

50,000.00

-

50,000.00

4,200.00

3,417.09

-

7,617.09

137,664.00

113,157.19

-

250,821.19

36,000.00

191,741.62

-

227,741.62

-

134,334.37

-

134,334.37

-

415,160.45

-

415,160.45

NET INCREASE/(DECREASE) Expenditures (this page only)

4,354,813.58

84,493.00

107,500.00

20,000.00

Pages:

2 of 4

57

Item 11E.

EXPENDITURES (CONT'D)
LGSD: BR

CITY OF MORGANTOWN

CITY OF MORGANTOWN

CONTROL NUMBER:

2026-2027

254

2

FY

FUND

REV#

INCREASE

(DECREASE)

AMOUNT

BUDGET REVISION REQUEST-SUPPLEMENT

ACCOUNT

ACCOUNT

PREVIOUSLY

NUMBER

DESCRIPTION
Communications: Capital Outlay Other
Communications: Capital Outlay
Equip - Equipment
Contingency: Other Contributions
- Other
Police: Capital Outlay Equip Equipment
Captial Outlay Equip- MSF
Equipment
Fire: Capital Outlay Building Buildings
Fire: Capital Outlay Equip Equipment

APPROVED AMOUNT

254-569-000-458-000
254-569-000-459-000
254-699-000-568-000
254-700-000-459-000
254-700-000-459-021
254-706-000-457-000
254-706-000-459-000
254-706-000-459-001
254-750-000-344-022
254-750-000-344-026
254-750-000-456-001
254-750-000-457-011
254-750-000-458-007
254-750-000-458-009
254-750-000-459-000
254-750-000-459-022
254-758-000-457-000
254-758-000-458-003
254-758-000-458-032
254-758-000-458-042
254-758-000-458-049
254-758-000-458-065
254-758-000-458-089
254-758-000-459-000
254-900-000-458-056
254-906-000-230-031
254-906-000-458-039
254-906-000-458-056
254-906-000-459-001
254-950-000-458-003
254-950-000-458-087

Fire: Capital Outlay - Vehicles
Street: Supplies & Materials Salt Snow Removal
Street: Supplies & Materials
Street Lights MSF
Street: Captial Outlay Various
Slips
Street: Capital Outlay Building Salt Building
Street: Capital Outlay - Public
Right of way Impr
Street: Capital OutlayMaintenance Paving
Street: Capital Outlay Equip Equipment
Street: Capital Outlay EquipMSF Equipment
Airport: Capital Outlay Building Buildings
Airport: Capital Outlay - Other
Projects
Airport: Capital Outlay - Runway
Extension
Airport: Capital Outlay - Airport
Access Road
Airport: Capital Outlay - Runway
Extension Protect
Airport: Capital Outlay - Runway
Ext Land Acquisit
Airport: Capital Outlay - Local
Grant Match
Airport: Capital Outlay Equip Equipment
Boparc: Capital Outlay - Bike
Pump Track
Arts & Culture: Contracted
Services - Morgantown Mural Pr
Capital Outlay - Easton Roller Mill
Arts & Culture: Capital Outlay MET Theatre
Arts & Culture: Capital Outlay
Equip - Vehicles
Urban Landscape: Capital Outlay Other Projects
Urban Landscape: Capital Outlay Pedlet Projects

REVISED

7,500.00

48,440.43

-

55,940.43

-

17,966.23

-

17,966.23

250,000.00

468,362.17

-

718,362.17

65,000.00

141,457.31

-

206,457.31

276,750.00

64,492.47

-

341,242.47

250,000.00

-

250,000.00

168,000.00

1,101,606.71

-

1,269,606.71

741,000.00

1,015,803.86

-

1,756,803.86

150,000.00

1,081.71

-

151,081.71

760,000.00

-

760,000.00

120,010.00

-

210,010.00

75,522.30

-

75,522.30

976.93

-

1,200,976.93

373,289.75

-

373,289.75

100,000.00

227,783.09

-

327,783.09

150,000.00

362,221.71

-

512,221.71

5,149.80

-

5,149.80

158,051.56

-

278,051.56

2,619,565.83

-

2,619,565.83

22,932.64

-

32,932.64

-

1,000,000.00

-

1,000,000.00

-

320,770.65

-

320,770.65

10,000.00

289,206.79

-

299,206.79

741,000.00

550,659.76

-

1,291,659.76

-

653,775.00

-

653,775.00

-

43,000.50

-

43,000.50

2,549.00

-

52,549.00

-

55,542.07

-

55,542.07

9,000.00

196.67

-

9,196.67

-

116,440.00

-

116,440.00

-

26,960.92

-

26,960.92

NET INCREASE/(DECREASE) Expenditures (this page only)

10,893,815.86

90,000.00
1,200,000.00
-

120,000.00
10,000.00

50,000.00

Pages:

3 of 4

58

Item 11E.

EXPENDITURES (CONT'D)
LGSD: BR

CITY OF MORGANTOWN

CITY OF MORGANTOWN

CONTROL NUMBER:

2026-2027

254

2

FY

FUND

REV#

INCREASE

(DECREASE)

AMOUNT

BUDGET REVISION REQUEST-SUPPLEMENT

ACCOUNT
NUMBER

ACCOUNT

DESCRIPTION
Urban Landscape: Capital Outlay
Equip - Vehicles
254-950-000-459-001
Urban Landscape: Contrib Govt
Entities - Urban Landscape
254-950-000-567-012
Hazel Ruby McQuain: Capital
Outlay - Hazel Ruby McQuain Park
254-979-000-458-040
Capital Outlay-Lower Greenmont
254-420-000-458-000-007 Bridge

PREVIOUSLY

REVISED

APPROVED AMOUNT

20,000.00

17,554.49

-

37,554.49

-

87,392.65

-

87,392.65

-

273,337.65

-

273,337.65

-

3,350.00

-

3,350.00

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

NET INCREASE/(DECREASE) Expenditures (this page only)

Pages:

381,634.79

4 of 4

59

Item 11E.

P: 304-284-7412
Morgantownwv.gov
389 Spruce St.
Morgantown, WV 26505

Proposed Budget Revision
Fiscal Year Ended June 30, 2027

Capital Escrow Fund – Revision #2

1. Capital Escrow Fund FY26 Carryovers to FY27 Budget
2. Federal DRGR Revenue – Lower Greenmont Bridge

Jennifer Street
Interim Finance Director
Tel: 304-284-2571
Email: [email protected]
60

Item 11E.

Proposed FY27 Capital Escrow Fund Budget Revision #2
1. Capital Escrow Fund - FY26 Carryovers to FY27 Budget
Purpose:
The proposed budget revision serves to reconcile the actual unassigned fund balance
(Account #299) available in the Capital Escrow Fund as of June 30, 2026, for
appropriation in the FY27 budget. This reconciliation is based on the cash-basis of
accounting and reflects the final FY26 carryover into FY27.
Background and Context:
As of June 30, 2026, the Capital Escrow Fund had a balance of $23.8 million. This
balance is primarily attributable to the funding requirements of multi-year capital
projects, which necessitate carrying forward funds from prior years to support largerscale project expenditures over multiple fiscal periods.
To maintain fiscal alignment and uphold transparency, the following FY26 carryovers
into the FY27 Capital Escrow Fund budget are proposed. These adjustments are based
on verified cash availability as of June 30, 2026, and reflect a prudent and strategic
approach to managing public resources while preserving support for high-priority
capital initiatives.
Summary of FY26 Carryovers to the FY27 Budget by Department:

The following adjustments are proposed to align the FY27 Capital Escrow Fund Budget
with actual cash availability:
1. City Attorney
o $10,380.76 for contracted services
2. Engineering
o $51,500.00 for contracted services
o $10,703,541.41 for Capital Outlay
o $12,914.72 for professional services

61

Item 11E.

3. Human Resources
o $40,304.00 for Training & Education - Tuition Reimbursement
4. Contributions
o $1,484.01 for the Land Reuse & Preservation Agency
o $255.28 Other Contributions - Civilian Review
o $28,140.82 for the WV Catholic Charities Grace Shelter
o $2,381.74 for the Human Rights Commission
o $42,000.00 for the Morgantown Housing
o $120,410.11 for the Mon River Trail Conservancy
o $40,000.00 for the Mgtn Pedestrian Safe
o $82,719.48 for the Downtown Initiative
5. Code Enforcement
o $68,212.35 for contracted services
o $31,057.69 for vehicles
6. Planning & Zoning
o $395,681.38 for contracted services
o $86,940.50 for Capital Outlay
o $3,417.09 for vehicles
7. Information Technology
o $113,157.19 for computer equipment.
8. City Hall
o $191,741.62 for the Repairs & Maintenance Fund
9. Woodburn
o $549,494.82 for Capital Outlay
10. Communications
o $66,406.66 for Capital Outlay
11.Contingency
o $468,362.17 for Other Contributions
12. Police Department
o $141,457.31 for equipment
o $64,492.47 for Capital Outlay MSF Equipment
62

Item 11E.

13. Fire Department
o $2,312,712.77 for Capital Outlay
14. Street Department
o $761,081.71 for Supplies & Materials
o $1,062,148.02 for Capital Outlay
15. Airport
o $4,961,187.23 for Capital Outlay
16. BOPARC
o $653,775.00 for Capital Outlay
17. Arts & Culture
o $43,000.50 for contracted services
o $58,287.74 for Capital Outlay
20. Urban Landscape
o $16,955.41 for Capital Outlay
o $87,392.65 for Contributions to Other Govt Entities
21. Hazel Ruby McQuain Riverfront Park
o $273,337.65 Capital Outlay
Conclusion:
This revision ensures that the FY27 Capital Escrow Fund Budget accurately reflects
available resources and maintains fiscal integrity. Overall, the City remains wellpositioned to execute its capital program with confidence and resilience, and this
adjustment reflects a continued commitment to sound financial stewardship.

2. Federal DRGR Revenue – Lower Greenmont Bridge

63

Item 11E.

Summary:
This budget revision updates the Capital Escrow Fund for Fiscal Year 2027 to
incorporate federal revenues received through the Disaster Recovery Grant Reporting
(DRGR) for the disassembly, packing, removal, and storage of the Fiber Reinforced
Polymer (FRP) Bridge. These adjustments ensure that the City’s financial records
accurately reflect all federal resources provided through the U.S. Department of
Housing and Urban Development (HUD) and that expenditure authority is aligned with
the requirements of the project.

Overview:
The purpose of Budget Revision #2 is to record the actual DRGR funds received for
Grant #B-24-CP-WV-2382 Payment of invoice 211813.

Budget Adjustments:
To accurately reflect these transactions, the following adjustments are proposed:
 Increase in Budgeted Revenue
Account 365-000-002 – Federal Grant – DRGR
o An increase of $3,350.00 is proposed to reflect actual DRGR revenues
received for Grant #B-24-CP-WV-2382.
 Increase in Budgeted Expenditures
Account 420-458-000-007 – Engineering: Lower Greenmont Bridge
o A corresponding increase of $3,350.00 for payment of invoice 211813
for work completed to date and the general requirements of the
contract.

Conclusion:
Budget Revision #2 brings the Capital Escrow Fund into alignment with actual DRGR
revenues and project obligations associated with the FRP Bridge. Recognizing these
grant resources strengthens the City’s commitment to responsible stewardship of
federal funds and supports continued investment in public infrastructure. This revision
reinforces the City’s long-term goals of ensuring safety, maintaining asset readiness,
and advancing community improvement initiatives in a financially transparent and
well-coordinated manner.

64

Item 11F.

City Council
Agenda Item Summary
Council Meeting Date: 08/11/2026
Item:
TAP Grant Applicant: Construction of Chestnut St (Willey to Walnut)
Department:
Public Works
Requested By:
Robyn Hess, Grant Writer and Damien Davis, Director of
Engineering and Public Works
Strategic Goal:
Connected and Well Maintained
Recommended Motion: Move to approve a resolution the application for a
Transportation Alternative Program (TAP) Grant for the construction of Chestnut Street
Streetscape Project from Willey to Walnut.

Item Summary:
Annually, staff seeks funding through the Department of Transportation (DOT) TAP
Grant program for several initiatives. The staff are seeking authorization to apply for
approximately $1,600,000 in grant funds to assist in funding the Chestnut Street
Streetscape Project Construction from Willey to Walnut (Phase 1). The City has
previously received TAP Grant funds toward the design of this project.
The Chestnut Street Streetscape Project is a public infrastructure improvement initiative
that will enhance safety, accessibility, and the overall appearance of the corridor
between Willey Street and Walnut Street. The project includes the construction of new
sidewalks, ADA-compliant curb ramps, street lighting, landscaping, and street furniture,
creating a more attractive, walkable, and functional environment for residents,
businesses, students, and visitors while improving connectivity and supporting longterm community development.

Fiscal Impact: This grant does not require a match. Any cost overruns on the project
would either require design adjustment or funding through general capital funds.

65

Item 11F.

Resolution No.
RESOLUTION AUTHORIZING APPLICATION FOR A
TRANSPORTATION ALTERNATIVE PROGRAM GRANT
FOR CHESTNUT STREET STREETSCAPE CONSTRUCTION PHASE I
The City Council of the City of Morgantown hereby resolves that the City Manager, or
designee, is authorized to submit application for a grant or grants offered by the Department of
Transportation, Transportation Alternative Program (“TAP”) grants, in the approximate amount
of One Million Six Hundred Thousand Dollars ($1,600,000.00) for the Chestnut Street Streetscape
Project for the construction of Phase 1 of the Chestnut Street Streetscape Project. The Chestnut
Street Streetscape Project is a public infrastructure improvement initiative that will enhance safety,
accessibility, and the overall appearance of the corridor between Willey Street and Walnut Street.
The project includes the construction of new sidewalks, ADA-compliant curb ramps, street
lighting, landscaping, and street furniture, creating a more attractive, walkable, and functional
environment for residents, businesses, students, and visitors while improving connectivity and
supporting long-term community development.
The City Manager or designee may also submit or execute on behalf of the City of
Morgantown any and all such other documents or information necessary or helpful to the
submission and processing of such application.
Adopted this 11th day of August, 2026:
___________________________________
Hon. Danielle Trumble, Mayor
___________________________________
Christine Wade, City Clerk

{02051249.DOCX }

66

Item 11G.

City Council
Agenda Item Summary
Council Meeting Date: 08/11/2026
Item:
TAP Grant Applicant: Design of Wall Street Streetscape
Department:
Public Works
Requested By:
Robyn Hess, Grant Writer and Damien Davis, Director of
Engineering and Public Works
Strategic Goal:
Connected and Well Maintained
Recommended Motion: Move to approve a resolution the application for a
Transportation Alternative Program (TAP) Grant for the design of a Streetscape Project
on Wall Street.

Item Summary:
Annually, staff seeks funding through the Department of Transportation (DOT) TAP
Grant program for several initiatives. The staff are seeking authorization to apply for
approximately $350,000 in grant funds to assist in funding a Design of a Streetscape
Project on Wall St.
The proposed streetscape project from Spruce Street to University Avenue will
contribute to economic development by creating a more attractive and welcoming
environment for residents, visitors, and businesses. High-quality pedestrian
infrastructure encourages foot traffic, which can increase customer activity for existing
businesses and support future commercial investment along the corridor.

Fiscal Impact: This grant does not require a match. Any cost overruns on the project
would either require design adjustment or funding through general capital funds.

67

Item 11G.

Resolution No.
RESOLUTION AUTHORIZING APPLICATION FOR A
TRANSPORTATION ALTERNATIVE PROGRAM GRANT
FOR WALL STREET STREETSCAPE DESIGN
The City Council of the City of Morgantown hereby resolves that the City Manager, or
designee, is authorized to submit application for a grant or grants offered by the Department of
Transportation, Transportation Alternative Program (“TAP”) grants, in the approximate amount
of Three Hundred and Fifty Thousand ($350,000.00) for the design of the Wall Street Streetscape
Project. The proposed streetscape project from Spruce Street to University Avenue will contribute
to economic development by creating a more attractive and welcoming environment for residents,
visitors, and businesses. High-quality pedestrian infrastructure encourages foot traffic, which can
increase customer activity for existing businesses and support future commercial investment along
the corridor.
The City Manager or designee may also submit or execute on behalf of the City of
Morgantown any and all such other documents or information necessary or helpful to the
submission and processing of such application.
Adopted this 11th day of August, 2026:
___________________________________
Hon. Danielle Trumble, Mayor
___________________________________
Christine Wade, City Clerk

{02051249.DOCX }

68

Item 11H.

City Council
Agenda Item Summary
Council Meeting Date: 08/11/2026
Item:
TAP Grant Applicant: Construction of Spruce Street Streetscape –
Willey to Walnut
Department:
Public Works
Requested By:
Robyn Hess, Grant Writer and Damien Davis, Director of
Engineering and Public Works
Strategic Goal:
Connected and Well Maintained
Recommended Motion: Move to approve a resolution the application for a
Transportation Alternative Program (TAP) Grant for the construction of Phase I of a
Streetscape Project on Spruce Street.

Item Summary:
Annually, staff seeks funding through the Department of Transportation (DOT) TAP
Grant program for several initiatives. The staff are seeking authorization to apply for
approximately $1,500,000 in grant funds to assist in funding construction of Phase I of
Streetscape Project on Spruce St.
The Spruce Street Streetscape Project will consist of new sidewalks along Spruce
Street between Willey Street and Walnut Street, including ADA-compliant curb ramps,
pedestrian lighting, landscaping enhancements, and the installation of streetscape
amenities such as benches and other street furniture to improve safety, accessibility,
and the overall user experience.
Fiscal Impact: This grant does not require a match. Any cost overruns on the project
would either require design adjustment or funding through general capital funds.

69

Item 11H.

Resolution No.
RESOLUTION AUTHORIZING APPLICATION FOR A
TRANSPORTATION ALTERNATIVE PROGRAM GRANT
FOR SPRUCE STREET STREETSCAPE CONSTRUCTION PHASE I
The City Council of the City of Morgantown hereby resolves that the City Manager, or
designee, is authorized to submit application for a grant or grants offered by the Department of
Transportation, Transportation Alternative Program (“TAP”) grants, in the approximate amount
of One Million Five Hundred Thousand ($1,500,000.00) for the Construction Phase I of the Spruce
Street Streetscape Project. The Spruce Street Streetscape Project design will consist of new
sidewalks along Spruce Street between Willey Street and Walnut Street, including ADA-compliant
curb ramps, pedestrian lighting, landscaping enhancements, and the installation of streetscape
amenities such as benches and other street furniture to improve safety, accessibility, and the overall
user experience.
The City Manager or designee may also submit or execute on behalf of the City of
Morgantown any and all such other documents or information necessary or helpful to the
submission and processing of such application.
Adopted this 11th day of August, 2026:
___________________________________
Hon. Danielle Trumble, Mayor
___________________________________
Christine Wade, City Clerk

{02051249.DOCX }

70

Item 11I.

City Council
Agenda Item Summary
Council Meeting Date: 08/11/2026
Item:
TAP Grant Applicant: Design of Willey Street Streetscape
Department:
Public Works
Requested By:
Robyn Hess, Grant Writer and Damien Davis, Director of
Engineering and Public Works
Strategic Goal:
Connected and Well Maintained
Recommended Motion: Move to approve a resolution the application for a
Transportation Alternative Program (TAP) Grant for the design of a Streetscape Project
on Willey Street.

Item Summary:
Annually, staff seeks funding through the Department of Transportation (DOT) TAP
Grant program for several initiatives. The staff are seeking authorization to apply for
approximately $500,000 in grant funds to assist in funding a Design of a Streetscape
Project on Willey St.
The proposed streetscape project along Willey Street from University Avenue to
Prospect Street provides a significant public benefit by improving the safety,
accessibility, comfort, and functionality of the transportation network for all users. The
project includes the construction of new sidewalks, ADA-compliant curb ramps,
pedestrian lighting, landscaping, and street furniture, all of which contribute to a more
complete and accessible transportation corridor.
Fiscal Impact: This grant does not require a match. Any cost overruns on the project
would either require design adjustment or funding through general capital funds.

71

Item 11I.

Resolution No.
RESOLUTION AUTHORIZING APPLICATION FOR A
TRANSPORTATION ALTERNATIVE PROGRAM GRANT
FOR WILLEY STREET STREETSCAPE DESIGN
The City Council of the City of Morgantown hereby resolves that the City Manager, or
designee, is authorized to submit application for a grant or grants offered by the Department of
Transportation, Transportation Alternative Program (“TAP”) grants, in the approximate amount
of Five Hundred Thousand ($500,000.00) for the design phase of the Willey Street Streetscape
Project. The proposed streetscape project along Willey Street from University Avenue to Prospect
Street provides a significant public benefit by improving the safety, accessibility, comfort, and
functionality of the transportation network for all users. The project includes the construction of
new sidewalks, ADA-compliant curb ramps, pedestrian lighting, landscaping, and street furniture,
all of which contribute to a more complete and accessible transportation corridor.
The City Manager or designee may also submit or execute on behalf of the City of
Morgantown any and all such other documents or information necessary or helpful to the
submission and processing of such application.
Adopted this 11th day of August, 2026:
___________________________________
Hon. Danielle Trumble, Mayor
___________________________________
Christine Wade, City Clerk

{02051249.DOCX }

72

Item 12A.

City Council
Agenda Item Summary
Council Meeting Date: 08/11/2026
Item:

An Ordinance of the City of Morgantown Updating Article 1705
Governing Building Permits and Article 929 Governing Stormwater
Permits

Department:
Requested By:
Strategic Goal:

Development Services Department/City Administration
City Council
Vibrant and Prosperous

Recommended Motion:
Motion to approve an ordinance updating Article 1705 Governing Building Permits and
Article 929 Governing Stormwater Permits.

Item Summary:
Under the authority granted by West Virginia Code § 8-12-14, which grants
municipalities plenary power to require permits for the construction, repair, or alteration
of regulated structures, the City of Morgantown proposes updates to Article 1705
(Building Permits and Fees) and Article 929 (Stormwater Management and Surface
Water Discharge Control) of its Codified Ordinances.
The proposed modifications are intended to modernize and improve the City's permitting
framework in several key ways. First, the amendments remove outdated language and
clarify and update definitions and terminology under both Article 1705 and Article 929,
reducing ambiguity for staff and the public alike. The amendments also refine the plan
review process by providing clearer guidance to applicants on what must be submitted
with a building permit application and how staff review those applications, making the
process more transparent and predictable. In addition, the amendments establish the
framework for reasonable, consistent timelines for staff to complete plan reviews and
issue permits, improving accountability and the overall customer experience. The
proposed changes further clarify how staff and contractors and/or property owners
should handle emergency repair situations, and establish a clear framework for how
staff respond to construction or alteration work performed without a required permit.
The changes encourage City departments and partner agencies to coordinate reviews
and conduct them concurrently whenever practicable, provides clarity and transparency
for documentation, expectation, and communication. Collectively, these amendments

73

Item 12A.

City Council
Agenda Item Summary
are intended to streamline and modernize the City's permitting process, enhancing
efficiency and accessibility, while maintaining the safeguards necessary to protect the
community and ensure that development within the built environment conforms to all
applicable code requirements.
This ordinance reflects the work of many hands. City staff extends their sincere
appreciation to the members of City Council and City Administration who contributed
their time, insight, and expertise throughout the drafting process. The resulting
amendments are a product of that shared effort, and everyone's contributions are
greatly appreciated.
Fiscal Impact: None.

74

Item 12A.

Ordinance No. 2026-____
AN ORDINANCE OF THE CITY OF MORGANTOWN
UPDATING ARTICLE 1705 GOVERNING BUILDING PERMITS AND ARTICLE 929
GOVERNING STORMWATER PERMITS
The City of Morgantown hereby ordains as follows:
Section 1. Findings and Purpose. West Virginia Code section 8-12-14 grants the governing body
of every municipality the plenary power and authority to require a permit as a condition of the
construction, repair, or alteration of any structure or of any equipment or part of a structure which
is regulated by state law or municipal ordinance, except with respect to a structure or equipment
designated for use by the State, a county, or another governmental entity. Morgantown has adopted
its building permit requirements at Article 1705 of its Codified Ordinances, in addition to other
related provisions of the City Code. City Council finds and concludes that the building permit and
stormwater permit requirements in the City Code should be updated to promote efficiency in
review and issuing permits and encourage construction in the City, while ensuring safe and orderly
construction.
Section 2. Adoption of Amendments to Articles 929 and 1705 of the City Code.
Article 929 of the City Code, entitled “Stormwater Management and Surface Water Discharge
Control,” and Article 1705 of the City Code, entitled “Building Permits and Fees” are hereby
amended as follows (new matter underlined; deleted matter stricken):
ARTICLE 929. - STORMWATER MANAGEMENT AND SURFACE WATER DISCHARGE
CONTROL
Sec. 929.01. - Definitions
Stormwater Erosion and Sediment Permit means the permit required to perform construction work
in the watershed of the City of Morgantown Stormwater Utility that ensures the provision of
erosion and sediment controls and flow controls that effectively prevent discharges of pollutants
to the stormwater system and protect neighboring properties from uncontrolled runoff, as described
in City Code Section 929.13.
Stormwater management means the process of collection, conveyance, storage, treatment and
disposal of stormwater to ensure control of the magnitude and frequency of runoff to minimize the
impact of the runoff upon the water quality of the receiving stream and the other hazards associated
with flooding.
Stormwater Management and Comprehensive Drainage Permit means the permit required for new
developments and redevelopment projects in order to minimize the discharge and transport of

75

Item 12A.

pollutants to storm drain systems and prevent the deterioration of water quality, as described in
City Code Section 929.20.
Stormwater Management Design Manual means the regulations adopted by the Stormwater Utility
to implement the provisions of this Article, as specified in Section 929.21.
Stormwater permit means the permit issued by the Stormwater Utility authorizing work and/or
stormwater management practices pursuant to this Article MUB and requires either, or both, an
erosion and sediment control plan and/or the stormwater management and comprehensive drainage
plan, whichever is applicable given the context of the reference. These specific plans are described
in detail in Sections 929.13 and 929.20 respectively and within the MUB Stormwater Management
Design Manual.
Stormwater Permit Application means the application for a Stormwater Permit, in the form
prescribed by the City and/or in the Stormwater Design Manual.
Sec. 929.20. - Stormwater management and comprehensive drainage plans.
(a)
Stormwater management and comprehensive drainage plans are required to obtain a MUB
stormwater permit and shall be in accordance with this article and the Morgantown Utility Board
Stormwater Management Design Manual as described in Section 929.21.
(b)
The requirements and standards of this section shall apply to all new developments and
redevelopment projects. The intent of these regulations is to minimize the discharge and transport
of pollutants to storm drain systems and prevent the deterioration of water quality.
(c)
All new developments and redevelopment projects within the City watershed shall include
stormwater management plans and comprehensive drainage plans as described in this section.
These plans shall be subject to the review and approval of the Director.
(d)
The following activities shall be exempt from the requirements of this section, except that
no activity shall be exempt from the management of the discharge of sediment or any other form
of water pollution that may leave any parcel or site.
(1)

Agricultural land management activities;

(2)
Additions or modifications to existing detached single-family dwellings of a size
less than 1,000 square feet; and
(3)
Activities that result in impervious surface area of less than 3,000 square feet,
regardless of the ratio of impervious surface area to total site area. However, a phased construction
project shall be measured by the size of all planned or contemplated phases. Each phase may be
required to meet the requirements of this article.:

76

Item 12A.

(4)
Activities that neither expand building size nor increase impervious surface area
(such as commercial interior-only renovations).
(e)
All new development and redevelopment projects subject to the provisions of this article
shall be required to obtain a MUB stormwater permit unless exempted under the provisions of
Section 929.20(c) (d). Except for fees in lieu of stormwater management practices as provided in
subsection (n), all fees for permits and/or plan review shall be established in the Stormwater Design
Manual, and such fees shall be published in the then-current Plan Review and Permitting Fee
Schedule adopted by the City. The Director shall issue a MUB stormwater permit for plans that
meet the requirements of Article 929, and design requirements contained within the MUB
Stormwater Management Design Manual. No City grading permit, or building permit which
includes work subject to the provisions of this section, shall be issued without the approval of a
MUB stormwater permit issued under the provisions of this article, unless the Director has issued
a formal determination stating that a MUB stormwater permit is not required. Processing of the
application for a MUB stormwater permit shall be coordinated with other City permits as provided
in 929.22.
(1)
Any work for which a MUB stormwater permit is required, the permittee shall
implement the erosion and sediment control best management practices and flow control best
management practices required by the MUB stormwater permit as the first item of work to be
performed, before any other aspect of the construction is begun.
(2)
In the event that only an erosion and sediment control plan is required to obtain a
MUB stormwater permit, the measures required by the erosion and sediment control plan shall be
implemented first so that no other aspect of the construction is begun until all stormwater permit
requirements have been implemented. The erosion and sediment control plan must contain best
management practices for flow control during construction to protect neighboring properties from
runoff.
(3)
In the event that unique site conditions require some other aspect of the construction
to be accomplished prior to implementation of the measures required by the MUB stormwater
permit, the permittee shall be required, as a condition of the permit, to provide and maintain
temporary and/or phased measures so that the intent of this section is accomplished. In such cases,
site work shall be planned and prioritized so that implementation of the full measures of the permit
shall be accomplished as soon as possible.
(4)
Any permit issued under the provisions of this article shall be posted at the subject
site during the time that such work is being performed, in such manner and at such place on such
premises as the same may be readily seen and inspected by the police officers and other agents and
officials of the City. In the event that any such permit so posted shall be removed, lost or destroyed,
a duplicate thereof shall immediately be applied for to the Director.
(f)
Technical, administrative or procedural matters may be modified by the Director as needed
to meet the objectives and policies defined in this article, so long as such modifications are not
contrary to or beyond the intent of the objectives and policies included in this article, and subject
to the requirements of this Article for adopting or issuing such objectives and policies.

77

Item 12A.

(g)
Uniform requirements shall be applied to each regulated project site. These requirements
shall be based upon the criterion that post development stormwater peak runoff rates of flow must
not exceed the pre-development peak runoff rates of flow. In redevelopment projects, a peak runoff
rate of flow reduction of ten percent from the preexisting peak runoff rate of flow must be achieved.
However, no reduction shall be required beyond the peak runoff rate of flow that would occur from
the parcel in its natural, undeveloped state.
(h)
For any new construction that results in impervious area of 3,000 square feet or more and
for any redevelopment project, an erosion and sediment control plan and a stormwater
management and comprehensive drainage plan will be required in order to qualify for a MUB
stormwater permit. The plan shall include all requirements listed in the MUB Stormwater
Management Design Manual.
(i)
No construction shall be performed in a manner that will negatively impact the water
environment in the vicinity of construction or in other areas, regardless of whether this impact is
manifested by flow restrictions, increased runoff, diminishing channel or floodplain storage
capacity, harm to aquatic life or any other manifestation of negative impact.
(j)
New construction or redevelopment projects shall begin with the installation of all
approved erosion and sediment control best management practices and flow control best
management practices. The Director may halt construction, void a permit, or take other
enforcement actions consistent with this section upon a finding of inadequate erosion and sediment
control best management practices or inadequate flow control best management practices upon a
site or property subject to the provisions of this section.
(k)
All active construction sites shall be inspected by the owner no less than weekly and within
24 hours after a 0.25 inch rain event to ensure and verify effective erosion and sediment control.
The owner or site manager shall maintain records of these inspections on site in an inspection log.
The Director may halt construction on properties that do not provide satisfactory proof of
compliance with this requirement.
(l)
The owner of a completed new development and/or redevelopment construction shall
submit to the Director within 30 days of substantial project completion an "as-built" plan of the
stormwater management facilities located upon the property/site.
(m)

Waivers for providing stormwater management.

(1)
Every applicant shall provide for stormwater management as required by this
chapter unless a waiver of these requirements is granted by the Director. A written request for
waiver must be submitted to the Director in a form that he/she prescribes.
(2)
The Director may waive the minimum requirements for stormwater management,
except that any requirement waived shall not cause any degradation of water quality.

78

Item 12A.

(3)
Any requirements described in Article 929 and/or the MUB Stormwater
Management Design Manual may be waived by the Director, if the Director finds that meeting the
minimum on-site stormwater management requirements is not feasible due to the unique natural
or existing physical characteristics of a site, or that the property owner would suffer an undue
hardship if required to meet the full requirements of this regulation. To be eligible for a waiver, the
applicant must also demonstrate to the satisfaction of the Director that the waiver will not result in
any of the following impacts to downstream waterways:
a.

Deterioration of existing culverts, bridges, dams, and other structures;

b.

Degradation of biological functions or habitat;

c.

Accelerated stream bank or streambed erosion; or

d.

Increased threat of flood damage to public health, life and/or property.

(4)
Where compliance with the full requirements for on-site stormwater management
is waived, the applicant shall satisfy stormwater management requirements by accomplishing a
mitigation measure approved by the Director. Mitigation measures may include, but are not limited
to, the following:
a.
Alternative means for on-site management of stormwater discharges that
have been established in a stormwater management plan that has been approved by the
Director.
b.
The creation of appropriately designed and constructed stormwater
management facility or drainage improvements on other properties, public or private, that
currently lack stormwater management facilities. This alternative facility must provide a
level of stormwater control that is equal to or greater than that which would be afforded by
the waived on-site practices and there must be a legally obligated entity responsible for the
long-term operation and maintenance of the off-site practice. The Director shall, to the
maximum extent practical, ensure that the benefits arising from the off-site practice shall
be realized in the same basin/watershed as the waived management practice.
c.
The purchase and donation of privately owned lands to the City or the grant
of an easement to the City, to be dedicated to preservation, reforestation, and/or the creation
of green space, wetlands, or permanent buffer areas to protect water quality and aquatic
habitat.
Any mitigation measure shall provide a level of environmental protection and/or improvement that
is, in the sole discretion of the Director, approximately equal to or greater than that which would
have been provided by the waived practice.
(n)

Fee in lieu of stormwater management practices.

79

Item 12A.

(1)
Where the Director waives all or part of the minimum stormwater management
requirements, and the applicant does not complete an approved mitigation project, the applicant
shall be required to pay a fee in lieu of stormwater management practices, in an amount as
determined by the Director. This amount shall be approximately equal to the cost of stormwater
management and based on the cubic feet of storage required for stormwater management of the
development in question. All of the monetary contributions shall be credited to an appropriate
stormwater capital improvements program project, and shall be made by the applicant prior to the
issuance of any stormwater permit for the development.
(o)
Impervious areas measured for determining the requirements of this section, or for
assessing compliance with the requirements of this section, shall be determined using the highest
combination of proposed/constructed impervious area plus any additional proposed/actual
disturbed area in excess of the proposed/constructed impervious footprint.
(p)
Disturbed areas measured for determining the requirements of this section, or for assessing
compliance with the requirements of this section, shall include areas for which vegetative cover
has been, or will be, altered, reduced, or eliminated and for which a change in runoff characteristics
may be reasonably determined.
Sec. 929.21. - Stormwater design manual.
(a)
The Stormwater Utility may furnish additional policy, criteria and information including
specifications and standards, for the proper implementation of the requirements of this article by
adopting a Stormwater Design Manual as specified in this Article. and may provide such
information in the form of a stormwater design manual. The Stormwater Design Manual, and any
and all modifications thereto, shall be reduced to writing indicating the effective date thereof,
signed by the Director, and filed with the City Clerk prior to the effective date. The City Clerk
shall maintain the Stormwater Design Manual, and past versions thereof, with the records of the
City. No provision of the Stormwater Design Manual shall be used or interpreted to conflict with
any provision of this Code, or of applicable law.
(b)
This manual The Stormwater Design Manual may include a list of acceptable stormwater
treatment practices, including the specific design criteria for each stormwater practice. The
Stormwater Design Manual shall clearly state the circumstances in which a stormwater permit is
required. The manual may be updated and expanded from time to time, at the discretion of the
Stormwater Utility, and subject to the requirements of subsection (a), based on improvements in
engineering, science, monitoring and local maintenance experience. Stormwater treatment
practices that are designed and constructed in accordance with these design and sizing criteria will
be presumed to meet the minimum water quality performance standards, unless otherwise provided
by this Article or applicable law.
Sec. 929.22. - Plan submission and review process.
(a)
The plan submission and review process shall be coordinated with and integrated into the
City planning and permitting process. Persons applying to the City for a grading permit, and/or a
building permit that includes work subject to the provisions of this article, shall submit a

80

Item 12A.

Morgantown Utility Board stormwater permit application simultaneously with the submission of
their other City permit application(s). The City shall promptly forward all such applications for a
MUB stormwater permit to the Director for review and further action.
(1)
Applicants may choose to submit their MUB stormwater permit application directly
to the Director in advance of their application for a City grading permit and/or building permit, but
in such case the applicant shall include a copy of their MUB stormwater permit application with
their eventual submission to the City, and the City shall forward the copy of the MUB stormwater
permit application to the Director as confirmation.
(2)
Applicants for projects located outside of the municipal boundaries of the City shall
submit their MUB stormwater permit application directly to the Stormwater Utility, in accordance
with permitting processes adopted by the Utility. Director.
(b)
The City shall not issue any grading permit, or any building permit that includes work
subject to the provisions of this article, unless and until the appropriate stormwater permit(s), has
(have) been approved and issued; provided, that the City may, but shall not be required to, issue
such permits conditioned upon the provision of appropriate methods and/or security by the
applicant to ensure the appropriate permitting and management of stormwater as provided in this
Article.
ARTICLE 1705. - BUILDING PERMITS AND FEES
Sec. 1705.01. - Building permit required; exception.
(a)
A Building Permit is required before any person begins any construction, repair, or
alteration of any structure or of any equipment or part of a structure regulated by this Article,
except any work exempt from the permit requirement by subsection (b). A Stormwater Permit is
required with each Building Permit except for projects exempt under 929.20(d).
(b)
The following work does not require a building permit, but still must be performed in
accordance with all applicable laws including the Building Code:
(1)

Building:

(A)
Walls which are not over two feet in height measured from the bottom of
the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II
or III-A liquids. Examples of exempt structures include landscaping barriers and planters.
Any structure regulated by the Zoning Code must comply with the Zoning Code even if no
building permit is required.
(B)
Sidewalks on residential properties that do not access the entry or exit for
the dwelling, are not more than 30 inches (762mm) above grade, are not over any basement
or story below, are not part of an accessible route or located within a drainage or utility
easement, and which are not within the City right-of-way.

81

Item 12A.

(C)
Painting, papering, finish flooring, tiling, carpeting, cabinets, counter tops
and similar finish work.
(D)

Temporary motion picture, television and theater stage sets and scenery.

(E
Shade cloth structures constructed for nursery or agricultural purposes and
not including service systems.
(F)
dwellings.

Swings and other playground equipment accessory to one- and two-family

(G)
Movable cases, counters and partitions not over five feet nine inches
(1753mm) in height.
(2) Electrical:
(A)
Repairs and maintenance. Minor repair work, including the replacement of
lamps or the connection of approved portable electrical equipment to approved
permanently installed receptacles.
(B)
Radio and television transmitting stations: The provisions of this Code shall
not apply to electrical equipment used for radio and television transmissions, but do apply
to equipment and wiring for power supply, the installations of towers and antennas.
(C)
Temporary testing systems. A permit shall not be required for the installation
of any temporary system required for the testing or service of electrical equipment or
apparatus.
(3)

Gas:
(A)

Portable heating appliance.

(B)
Replacement of any minor part that does not alter approval of equipment or
make such equipment unsafe.
(4)

Mechanical:
(A)

Portable heating appliance.

(B)

Portable ventilation equipment.

(C)

Portable cooling unit.

(D)
Steam, hot or chilled water piping within any heating or cooling equipment
regulated by this Code.

82

Item 12A.

(E)

Replacement of any part which does not alter its approval or make it unsafe.

(F)

Portable evaporative cooler.

(G)
Self-contained refrigeration system containing ten pounds (4.54kg) or less
of refrigerant and actuated by motors of one horsepower (756 W) or less.
(5)

Plumbing:

(A)
The stopping of leaks in drains, water, soil, waste or vent pipe; provided,
however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace the same with new material,
such work shall be considered as new work and a permit shall be obtained and inspection
made as provided in this Code.
(B)
The clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures, and the removal and reinstallation of water closets, provided such repairs do not
involve or require the replacement or rearrangement of valves, pipe or fixtures.
No person shall build, construct, repair, alter, move, remove or demolish any dwelling house,
business building, warehouse or any other structure, including a fence, or building of any kind or
character within the City without first obtaining a permit to do so as provided in this article, except
as otherwise provided in Section 1705.14.
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or
change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove,
convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is
regulated by this Code, or to cause any such work to be done, shall first make application to the
Building Inspection Department and obtain the required permit.
Sec. 1705.02. - Application for permit. Definitions.
Alteration means any construction, renovation, demolition, or modification to an existing structure
that affects its physical characteristics or usability, such as remodeling, reconstruction, and changes
to structural parts or elements, but excluding normal maintenance activities such as painting.
Building Official means the Building Official designated in accordance with City Code, as well as
any designee of the Building Official, including without limitation deputy building officials and
administrative staff of the Development Services Department.
Business days means all days except Saturdays, Sundays, and legal holidays defined by, or
established pursuant to, W. Va. Code § 2-2-1. The calculation of business days shall exclude the
date on which an application is submitted and include the date on which an action is required.

83

Item 12A.

Construction means building or creation of a new structure, as opposed to the repair, alteration or
improvement of an existing structure.
Departmental Review means the process by which the Building Official will confer with involved
City staff to identify any additional information, corrections, or changes needed to a completed
application for a Building Permit.
Equipment means articles subject to mechanical construction trades, such as plumbing,
mechanical, electrical, heating, ventilating, air-conditioning, and elevator equipment, along with
accessories essential to the building's occupancy and use, such as piping, wiring, and fixtures, as
well as elevators and other mechanical installations.
Landscaping barrier means blocks, wickets, or similar material installed in or on the ground that
define or separate areas of a yard or landscaping but do not support a surcharge.
Planter means a structure holding soil and/or plants that is installed in or on the ground but does
not support a surcharge outside of the structure.
Person means any individual, firm, partnership, joint adventure, association, corporation, limited
liability company, trust, estate or any other group or combination acting as a unit.
Property means the lot(s) or parcel(s) of land upon which any activity regulated by this Article will
occur.
Project means the work or plan of work designed or utilized to complete alteration, repair, or
construction.
Repair means replacement or renewal of any part of an existing structure for the purpose of its
maintenance or to correct damage
Retaining wall means any wall or structure that supports a surcharge.
Sidewalk means, for purposes of this Article only, a concrete, pavement, block, or similar
hardscape path for pedestrian use that is no wider than 48 inches.
Stormwater Erosion and Sediment Permit means the permit required to perform construction work
in the watershed of the City of Morgantown Stormwater Utility that ensures the provision of
erosion and sediment controls and flow controls that effectively prevent discharges of pollutants
to the stormwater system and protect neighboring properties from uncontrolled runoff, as described
in City Code Section 929.13.
Stormwater Management and Comprehensive Drainage Permit means the permit required for new
developments and redevelopment projects in order to minimize the discharge and transport of
pollutants to storm drain systems and prevent the deterioration of water quality, as described in
City Code Section 929.20.

84

Item 12A.

Stormwater permit means the permit issued by the Stormwater Utility authorizing work and/or
stormwater management practices pursuant to this Article and requires either, or both, an erosion
and sediment control plan and/or the stormwater management and comprehensive drainage plan,
whichever is applicable given the context of the reference.
Stormwater Permit Application means the application for a Stormwater Permit, in the form
prescribed by the City and/or in the Stormwater Design Manual.
Structure means a combination of materials that are built or constructed with a permanent location
or attached to something that has a permanent location.
To obtain a permit, the applicant shall first file an application therefor in writing on a form
furnished by the Building Inspection Department. Such application shall:
(a)
Identify and describe the work to be covered by the permit for which application is made.
(b)
Describe the land on which the proposed work is to be done by legal description, street address or
similar description that will readily identify and definitely locate the proposed building or work.
(c)
Indicate the use and occupancy for which the proposed work is intended.
(d)
Be accompanied by construction documents and other information as required by the Building and
Housing Inspection Department.
(e)
State the valuation of the proposed work.
(f)
Be signed by the applicant, or the applicant's authorized agent.
(g)
Give such other data and information as required by the Building Inspection Department.
(h)
For development and/or construction, the nature of which is subject to the provisions of Article
929, Stormwater Management and Surface Water Discharge Control, include evidence of
compliance with same.
(1)
No City building permit that includes development and/or construction subject to the provisions
of Article 929, Stormwater Management and Surface Water Discharge Control, may be issued
without the approval of a stormwater Erosion and Sediment Permit under the provisions of Article
929, unless the Director of the Morgantown Utility Board, or his/her designee, has issued a formal
determination stating that a stormwater erosion and sediment permit is not required. processing of
the application for a stormwater erosion and sediment permit shall be coordinated with the building
permit application as provided in Section 1705.03.
(2)
No City building permit that includes development and/or construction subject to the provisions
of Article 929, Stormwater Management and Surface Water Discharge Control, may be issued
without the approval of a stormwater management and comprehensive drainage permit under the
provisions of Article 929, unless the Director of the Morgantown Utility Board, or his/her

85

Item 12A.

designee, has issued a formal determination stating that a stormwater management and
comprehensive drainage permit is not required. Processing of the application for a stormwater
management and comprehensive drainage permit shall be coordinated with the building permit
application as provided in Section 1705.03.
Sec. 1705.03. - Plan submission; review process; action on application. Application.
(a)
Any person requiring a building permit, or their authorized agent, shall submit an
application on a form provided by the City. The application will include at minimum the following
information:
(1)
A description of the proposed work
(2)
The location of the property (street address, parcel number, or other clear identifier)
(3)
The intended use and occupancy of the structure (e.g., residential, commercial)
(4)
Construction drawings and other required documents
(5)
An estimated value of the project
(6)
For projects that require a stormwater permit under Article 929, a copy of the permit
or waiver (except that applications may be submitted without this documentation but will not
be approved until it is received)
(7)
Any additional information related to an applicable code, ordinance, law, published
standard, or permit requirement. required by or on behalf of the Building Official
(8)
The signature (including electronic signature) of the person submitting the application
(b)
The Building Official shall prepare and maintain a checklist identifying the documents
required for building permit applications based on the scope of work. Checklists shall be publicly
available electronically.
(c)
The Building Official, or designee(s), will allow potential applicants to schedule a time to
meet before applying for a building permit to discuss the requirements.
(a)
The building permit application submission and review process shall be coordinated with and
integrated into the Morgantown Utility Board planning and permitting process.
(1)
Persons applying to the City for a building permit that includes development and/or construction
subject to the provisions of Article 929, Stormwater Management and Surface Water Discharge
Control, must submit their request for a stormwater determination to the City simultaneously with
the submission of their building permit application. The City shall promptly forward all such
requests for stormwater determination to the Director of the Morgantown Utility Board for review
and further action.
(2)
Applicants may choose to submit their request for stormwater determination directly to the
Director of the Morgantown Utility Board in advance of their application for a City building
permit, but in such case the applicant shall include a copy of their request for stormwater

86

Item 12A.

determination with their eventual submission to the City, and the City shall forward the copy of
the request for stormwater determination to the Director of the Morgantown Utility Board.
(b)
Upon receipt of a request for stormwater determination, the Director of the Morgantown Utility
Board, or his/her designee shall review same, and issue a formal written determination. The
determination shall state:
(1)
Whether a stormwater erosion and sediment permit is, or is not, required, and;
(2)
Whether a stormwater management and comprehensive drainage permit is, or is not, required.
(c)
The City may not issue a building permit that includes development and/or construction subject to
the provisions of Article 929, Stormwater Management and Surface Water Discharge Control,
unless and until the appropriate stormwater permit(s), as identified and required by the stormwater
determination, has/have been approved and issued.
(d)
The Building Inspection Department shall examine or cause to be examined applications for
permits and amendments therefore within a reasonable time after filing. If the application or the
construction documents do not conform to the requirements of pertinent laws, the Building
Inspection Department shall reject such application in writing, stating the reasons therefor. If the
Building Inspection Department is satisfied that the proposed work conforms to the requirements
of this Code and laws and ordinances applicable thereto, the Building Inspection Department shall
issue a permit therefor as soon as practicable, subject to the requirements of Section 1705.02.
Sec. 1705.04. - Time limitation of application. Review.
(a)
Review of Application and Plans. After a complete application is submitted, the Building
Official will review the application and materials to determine whether it meets requirements of
the City Code. In conducting such review, the Building Official may rely upon plans, reports,
calculations, certifications, and other documents prepared and sealed by licensed architects,
engineers, surveyors, contractors, or other professionals authorized by law to perform such work,
except where independent verification is reasonably necessary to ensure compliance with
applicable law. Reviews required from City departments, boards, agencies, and utilities shall be
coordinated and conducted concurrently whenever practicable. The City shall coordinate reviews
to avoid unnecessary sequential review processes and duplicative requests for information.
Notifications to Applicants will be made through the electronic permitting system. If the applicant
does not register with the electronic permitting system, notifications will be made to the email
address the applicant provides on the application.
(b)
The Building Official will adopt permit review timelines that provide specific targets to
review applications for completeness; issue approvals, requests for information, or denials; and
any other necessary actions. Review timelines shall be published and maintained on the City's
website. The Building Official will review these timelines and performance at least once each
quarter of the City fiscal year to identify how often timelines are met and report on the findings.

87

Item 12A.

Performance data will be delivered to Council at least quarterly, but need not be a presentation at
a council meeting.
(1)
Review for Completeness. The person or system receiving the application will
record the date it is submitted (the person receiving the application may enter the application
information in the electronic system and use the system to record the date of the application). If
the application is incomplete, the Building Official will notify the Applicant that it is incomplete
and identify all known deficiencies reasonably discoverable at the time of review all of the
additional information required. If no additional information is submitted within 180 days of a
notification, the application will be canceled and a new application must be submitted; except that
the Building Official may grant one or more extensions of up to 90 days. Each extension must be
documented in writing, explain the reason for extension, and be delivered to the applicant. When
an application is determined complete, the Building Official will notify the applicant and record
the date the application is determined complete.
(2)
Permit Decision. Following a determination that an application is complete, the
Building Official and City staff involved in the permit scope will conduct a Departmental Review
to identify any additional information, corrections, or changes needed for the application. After
the Departmental Review, the Building Official will notify the applicant of the additional
information, corrections, or changes needed, and will engage the applicant to ensure all such
information, corrections, or changes are provided. After the applicant provides all information,
corrections, or changes identified by the Departmental Review, the Building Official will notify
the applicant that the Departmental review is complete. After the Departmental Review is
complete, additional requests for information, corrections, or review comments shall not be issued
unless:
(i)
(ii)
(iii)

the applicant modifies the application or project scope;
previously unknown site conditions or concealed conditions are discovered;
a life safety issue; building, zoning, or fire code violation; or legal requirement is
identified that could not reasonably have been identified during the completeness
review; or
(iv)
an additional requirement is imposed by another governmental agency having
jurisdiction.
Any additional request for information, correction, or review comment issued after Departmental
Review is complete shall identify the reason for the additional request and the applicable code
provision, law, regulation, or agency requirement necessitating the request. Once a complete
application is submitted, the Building Official will approve or deny the application. Approval may
be conditioned on approvals of other departments or agencies, or related to applicable code
requirements or permit requirements. upon performance of requirements supplied by City Code or
applicable law The Applicant will be notified of the approval or denial, and of any conditions. If
there is an issued stormwater permit or pending stormwater permit application, MUB will be
notified of the approval or denial, and of any conditions. If an application is denied, the applicant
will be given an explanation of the reason it was denied, including the laws, rules, or regulations
that require denial. If an approval includes conditions, the building permit will not be issued, and
work may not begin, until the conditions are satisfied.

88

Item 12A.

(3) Administrative Review. Prior to filing an appeal, variance application, or other formal
request for relief arising from the administration or interpretation of this Article, an applicant may
– but shall not be required to - request supervisory review of any interpretation, requirement, or
permit condition imposed during permit review. The request for supervisory review shall be
submitted in writing to the Building Official and must be submitted by the earlier of (i) the date
the application is approved, or (ii) 30 days after the date the application is denied in writing. If
requested, the supervisory review shall be completed before the applicant is required to seek a
variance, appeal, or other formal remedy. The City shall provide a written response identifying
whether the original determination is affirmed, modified, or withdrawn. Both
the
initial
decision and the decision on review shall constitute a decision applying the provisions of the
Building Code, Fire Code, or Zoning Code, to the extent such Code(s) are applied in the decision,
and the applicant’s right to appeal or otherwise challenge the decision pursuant to such Code(s) or
other applicable law will accrue at the time each decision is issued.
(4) Permit Time Period; Suspension, Reinstatement, and Revocation.
(A)
A building permit is valid for 180 calendar days from the date it is issued
unless it is suspended, revoked, or extended as provided in this Section.
(B)
The building permit will be suspended if the Building Official determines
that there has been no activity at the permitted site for 90 or more consecutive days, and
may be suspended if the Building Official determines that work not identified in the permit
is being performed. A suspended permit may be reactivated by the Building Official for
good cause shown, but the period of suspension will not extend the 180-day permit period.
(C)
The Building Official may revoke any building permit if the Building
Official determines that the permit was issued in error; that the permit was issued on the
basis of materially incorrect, incomplete, or inaccurate information; that the building
permit was issued in violation of any applicable law or regulation; or that work not
identified in the permit is being performed.
(D)
good cause.

The Building Official may grant extension of the 180-day permit period for

(E)
All suspensions, reinstatements, revocations, and extensions must be
documented in writing and identify the cause. Notification of each action will be provided
to the applicant.
An application for a permit for any proposed work shall be deemed to have been abandoned 180
days after the date of filing, unless such application has been pursued in good faith or a permit has
been issued; except that the Building Inspection Department is authorized to grant one or more
extensions of time for additional periods not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause demonstrated.
Sec. 1705.05. - Insurance or bond prerequisite to issuance.

89

Item 12A.

The Building Official may require a bond or other appropriate form of insurance as a condition of
a building permit if the Building Official determines that the proposed work creates a risk of harm
to the public or to public infrastructure or buildings, including without limitation work that
involves use of explosives or cranes, work on or in close proximity to public streets, work that
involves relocation of utilities, and work that due to its scope and operation is likely to cause
deterioration of public streets beyond normal wear. In these cases, the Building Official shall
identify in writing the basis for requiring additional insurance or bonding. The bond or other form
of insurance shall be in an amount reasonably necessary, in the determination of the Building
Official, to protect against the dangers to the public or public infrastructure occasioned by the
proposed work.
Where it appears to the City Manager from any application made under this article, or otherwise,
that explosives of any type are to be used, or that a building permit allows the construction,
demolition or removal of any building or structure located within 15 feet of any street or alley
within the City, he may require that before a permit for any such work, construction, demolition,
or removal is issued, the applicant for such permit file with the Building Inspection Department a
policy of liability insurance, or bond, in which the City is named as an additional insured for a
combined single limit of $1,000,000.00 on structures three stories or less and $5,000,000.00 on
structures in excess of three stories. An agreement to indemnify and hold harmless the City of
Morgantown will also be required.
Sec. 1705.06. - Compliance with other laws. building code and zoning ordinance.
(a)
All permits issued under the provisions of this article shall be in accordance with and shall
comply with the building code, fire code, and the zoning ordinance of the City, as well as other
applicable provisions of City Code, and no permit shall be issued by the City in violation thereof.
The issuance of permits based on construction documents and other data shall not prevent the
Building Official Inspection Department from requiring the corrections of errors in the
construction documents and other data. The Building Official Inspection Department is also
authorized to prevent occupancy or use of a structure or equipment which is in violation of this
Code or any other ordinance of this municipality. No permit issued pursuant to this Article shall
operate to authorize any violation of law, and any person altering, improving, repairing,
constructing, or maintaining any structure or equipment in violation of law will remain liable for
any such violation of law and may be required to correct any such violation(s).
(b)

Certificate of Occupancy.

(1)
Whenever there is a new occupancy, or a change in occupancy. of a structure or
portion thereof, the structure may not be used or occupied until a Certificate of Occupancy is issued
by the Building Official pursuant to the Building Code. This requirement is in addition to the
requirement to obtain a building permit pursuant to this Article.
(2)
The Building Official may, but shall not be required to, issue a temporary
Certificate of Occupancy before the completion of all work authorized or required by a building

90

Item 12A.

permit. The temporary Certificate of Occupancy may apply to all, or only a portion of, a structure.
The temporary Certificate of Occupancy will state the time period for which it is valid, which shall
be no more than 180 days. The Building Official may issue extensions of a temporary Certificate
of Occupancy in writing, for no more than 180 days at a time. Any temporary Certificate of
Occupancy may be conditioned upon submitting appropriate security to the City to ensure the
applicant completes the obligations under the building permit and any other applicable laws, with
the form and sufficiency of such security determined by the City.
(c)
Grading Permits. Any work involving grading, stripping, excavation, cutting and/or filling
upon any site must obtain a grading permit pursuant to the requirements of Article 1741 of the City
Code and any applicable rules and regulations of the City.
(d)
Right of Way Permits. Any work that extends into, or is to be undertaken within, any
portion of the public right of way – including any unimproved portion of the public right of way –
must obtain a permit for such work and/or installation within the public right of way pursuant to
Article 907 of the City Code and any applicable rules and regulations of the City.
Sec. 1705.07. - Period of validity; renewals. [RESERVED]
(a)
Expiration. Every permit issued shall become invalid unless the work on the site authorized
by such permit is commenced within 180 days after its issuance, or if the work authorized on the
site by such permit is suspended or abandoned for a period of 180 days after the time the work
commenced. The Building Inspection Department is authorized to grant in writing, one or more
extensions of time, for periods not more than 180 days each. The extension shall be requested in
writing and justifiable cause demonstrated.
(b)
Suspension or revocation. The Building Inspection Department is authorized to suspend or
revoke a permit issued under the provisions of this Code wherever the permit is issued in error or
on the basis of incorrect, inaccurate information, or in violation of any ordinance or regulation or
any of the provisions of this Code.
Sec. 1705.08. - Posting; duplicates.
Any permit issued under the provisions of this article shall be posted at the scene of such
construction, alteration, repair, demolition, moving or removal during the time that such work is
being performed, in such manner and at such place on such premises as the same may be readily
seen and inspected by the Building Official, deputy building officials, police officers and other
agents and officials of the City. In the event that any such permit so posted shall be removed, lost
or destroyed, the applicant shall immediately notify the Building Official and request a duplicate
permit. The Building Official will promptly issue a duplicate permit upon request, if the Building
Official determines the permit is valid. a duplicate thereof shall immediately be applied for to the
Building Inspection Department.
Sec. 1705.09. - Performing work without obtaining permit.
(a)

No person may perform work requiring a building permit without a current, valid permit.

91

Item 12A.

(b)
The Building Official may issue a stop work order to any person performing work without
a current, valid permit, or to any person who permits work to be performed without a current, valid
permit. Any person who is issued a stop work order shall be assessed an administrative fee in the
amount established on the Plan Review and Permitting Fee Schedule. Once a stop work order is
issued, no work may be performed until a building permit is issued or until a lapsed building permit
is reinstated in accordance with this Article.
(c)
Any person who performs work, or allows work to be performed, without a current, valid
permit is guilty of a violation of this Article and subject to the penalties prescribed by Section
101.99.
(d)
Any person who performs work, or allows work to be performed, in violation of a stop
work order shall be guilty of a violation of this Article and subject to a penalty of no less than
$100.00 and no more than $500.00 for each such offense. Each day that a person violates a stop
work order shall constitute a separate offense.
Until an application is made and approved in the manner provided by this article, and the building
permit issued, no work or labor shall be done or performed in the construction, repair, altering,
demolishing, moving or removal of any building or structure within the City, and the owner, lessee,
contractor and any workmen who shall perform any work or labor, or shall cause, permit, or allow
the same to be performed in the construction, alteration, repair, demolition, moving or removal of
any building or structure without obtaining a permit therefor shall be guilty of a violation of this
article and shall be punished as provided by Section 101.99 of this City Code. A $75.00
administrative fee shall be assessed to the person violating this section should a stop work order
be issued. Any person who fails to comply with a stop work order, once issued, shall be subject to
a penalty of no less than $100.00 and no more than $500.00 for each such offense. Each day that
a person violates a stop work order shall constitute a separate offense.
Sec. 1705.10. - Work which permit not required. [RESERVED]
Every alteration, repair, construction, demolition, moving or removal of any building or structure
within the City shall require a permit therefor issued under the provisions of this article; except,
that no permit shall be required by any person to do interior or exterior painting or to place
wallpaper or like material on any interior wall, nor shall a permit be required to make minor repairs
which do not affect, change or alter structural or plumbing facilities. Minor repairs under the
provisions of this section shall be construed and considered to mean repairs which, including both
labor and materials, do not cost a total sum of more than $500.00. The exception herein set forth
for minor repairs shall not be applicable for work to be performed on property located within any
FEMA designated flood plain. Any alteration, repair, construction, demolition, moving or removal
of any building or structure within a designated flood plain shall be subject to the requirements set
forth in Article 1743 of this Code.
Work exempt from permit. Exemptions from permit requirements of this Code shall not be deemed
to grant authorization for any work to be done in any manner in violation of the provisions of this
Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the
following:

92

Item 12A.

(a)
Building:
(1)
Oil derricks.
(2)
Retaining walls which are not over two feet in height measured from the bottom of the footing to
the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.
(3)
Sidewalks and driveways not more than 30 inches (762mm) above grade and not over any
basement or story below and which are not part of an accessible route and which are not within
the City right-of-way.
(4)
Painting, papering, finish flooring, tiling, carpeting, cabinets, counter tops and similar finish work.
(5)
Temporary motion picture, television and theater stage sets and scenery.
(6)
Shade cloth structures constructed for nursery or agricultural purposes and not including service
systems.
(7)
Swings and other playground equipment accessory to one- and two-family dwellings.
(8)
Movable cases, counters and partitions not over five feet nine inches (1753mm) in height.
(b)
Electrical:
(1)
Repairs and maintenance. Minor repair work, including the replacement of lamps or the
connection of approved portable electrical equipment to approved permanently installed
receptacles.
(2)
Radio and television transmitting stations: The provisions of this Code shall not apply to electrical
equipment used for radio and television transmissions, but do apply to equipment and wiring for
power supply, the installations of towers and antennas.
(3)
Temporary testing systems. A permit shall not be required for the installation of any temporary
system required for the testing or service of electrical equipment or apparatus.
(c)
Gas:
(1)
Portable heating appliance.
(2)
Replacement of any minor part that does not alter approval of equipment or make such equipment
unsafe.
(d)
Mechanical:
(1)
Portable heating appliance.

93

Item 12A.

(2)
Portable ventilation equipment.
(3)
Portable cooling unit.
(4)
Steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code.
(5)
Replacement of any part which does not alter its approval or make it unsafe.
(6)
Portable evaporative cooler.
(7)
Self-contained refrigeration system containing ten pounds (4.54kg) or less of refrigerant and
actuated by motors of one horsepower (756 W) or less.
(e)
Plumbing:
(1)
The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any
concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such work shall be considered as
new work and a permit shall be obtained and inspection made as provided in this Code.
(2)
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and
reinstallation of water closets, provided such repairs do not involve or require the replacement or
rearrangement of valves, pipe or fixtures.
Sec. 1705.11. - Emergency repairs.
If an emergency requires repairs be performed before an application for a building permit can be
submitted or a building permit obtained, the person responsible for the repairs may make the
repairs needed to abate the emergency, or cause them to be made. When emergency repairs are
made, an application for building permit must be submitted as soon as possible thereafter (and no
later than the following business day) and describe, in addition to other requirements, the nature
of the emergency, the reason repairs were required before a building permit could be issued, and
the repairs performed. When an application covering emergency repairs is submitted, the Building
Official shall prioritize review of that application, determine whether the description of work
provided demonstrates compliance with applicable law, and issue an approval or denial as soon as
reasonably practicable.
Where equipment replacement and repairs must be performed in an emergency situation, the
permit application shall be submitted within the next working business day to the Building
Inspection Department.
Sec. 1705.12. - Fence constructed of unsightly or hazardous materials.
All fences must be constructed and maintained with appropriate fencing material that is not
hazardous to passersby or adjoining property owners, and shall comply with Section 1331.09 of

94

Item 12A.

the Zoning Code and any applicable development standards in the Zoning Code. No building
permit shall be issued, and no work shall be performed, in violation of the requirements of this
Section.
Whenever it appears from the application or any other source that a fence or any structure in the
nature of a fence is to be built of unsightly materials or materials hazardous to passersby, or
unnecessarily exceeds five feet in height, the City Manager may refuse to issue such a permit as
being contrary to public policy.
Sec. 1705.13. - Notice required prior to installations; Inspections; entry on premises.
(a)
No electrical contractor or other person shall install any electrical wiring, appliances,
apparatus or equipment in any building or other structure within this City, until providing written
notice to the Building Official he shall have first filed notice in writing with the Building Inspection
Department setting forth the character of the equipment to be installed, the name of the owner of
the property, its location, and the purpose for which used, together with the probable date upon
which such work will be ready for inspection. All applications hereafter filed for permission to
erect or repair buildings shall designate whether or not the same are to be electrically equipped.
(b)
Any person applying for a building permit consents, and represents that they have authority
to consent, to inspection of the premises to be improved by City staff for purposes of monitoring
compliance with this Article, including the Building Official and any personnel who may need to
respond to an emergency at the premises.
(c)
The Building Official may inspect work performed or to be performed at appropriate times.
The Building Official shall offer an opportunity for online scheduling of inspections with
applicants, and inspections shall generally be scheduled three days in advance of the inspection.
Sec. 1705.14. - Approval required prior to connection to power supply.
No person supplying electrical power or current in this City shall connect with its supply or current
wires or wiring or equipment within any building or other structure within this City, unless and
until such wiring or equipment to be so connected shall have been approved in writing by the
Building Official. Electrical Inspector.
Sec. 1705.15. - Building permit fees.
The fees and charges provided on the current "Plan Review and Permitting Fee Schedule"
published by the City shall be paid for obtaining building permits. The current fee schedule shall
be publicly available electronically.
Sec. 1705.16. - Electrical fees.
(a)
The City shall be entitled to the fees provided on the current "Plan Review and Permitting
Fee Schedule" published by the City for inspecting and approving any electrical wiring, apparatus,
appliances or equipment hereafter installed in, on or appurtenant to any building or other structure
within the City.

95

Item 12A.

(b)
The fee established by this section shall be paid to the City, at the Finance Department,
upon filing a request for inspection in the Building Inspection Department.
(c)
All applications for electrical inspection service are to be made in writing on forms
provided by the City. Such application shall be filed at least 24 hours before the inspection is made.
Sec. 1705.17. - Site development review fees.
(a)
A fee in the amount provided on the current "Plan Review and Permitting Fee Schedule"
published by the City shall be charged for the review of site development plans.
(b)
The fees shall be paid to the City's finance office at the time that a complete set of
developmental plans is submitted to the Chief Building Inspector prior to application for building
or excavation permits.
Section 3. Repeal, Savings, Severability.
Any section of this Code repealed or modified by a subsequent ordinance will continue in force
until the effective date of the repealing ordinance.
The repeal or modification of any part of this Code does not affect any existing right acquired, or
liability or obligation incurred, under the code sections amended or repealed unless the modifying
ordinance expressly so provides. Any repealed or modified part of this Code will remain in force
for the purpose of sustaining any proper legal proceedings and prosecutions related to the
enforcement of such right or liability brought prior to the repeal or modification.
The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance,
clause, or provision unless expressly provided by ordinance.
If any provision of this Ordinance, or the application of this Ordinance to any person or
circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having
jurisdiction to make such determination, the remainder of this Ordinance and the application to
other persons or circumstances remain in effect.
Section 4. Effective date; application. This ordinance shall be effective upon adoption. This
Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred,
and proceedings that were begun, before its effective date. The law remains in force for the purpose
of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture
or liability.
Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required
by the form of Ordinance adopted and maintain an executed original ordinance with the official
records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with

96

Item 12A.

the laws of the State of West Virginia and the City of Morgantown, and to take the following
additional actions: none.

FIRST READING: ______________________

________________________
Mayor

SECOND READING: ___________________
ADOPTED: ___________________________

________________________
City Clerk

FILED: _______________________________

97

Item 12B.

City Council
Agenda Item Summary
Council Meeting Date: August 11, 2026
Item:
Department:
Requested By:
Strategic Goal:

Ordinance reauthorizing transfer of real estate to WVDOH
Engineering and Public Works
West Virginia Department of Transportation – Division of Highways
Connected and Well-Maintained – Responsible Asset Management
Vibrant and Prosperous – Enhanced Community Amenities

Recommended Motion: I move to approve the ordinance.

Item Summary: West Virginia Department of Transportation Division of Highways has
planned its Greenbag Road Widening Project (State Project: U331-857/00-0.00 00 /
Federal Project: STBG-0857(024)D, which it describes as follows: “Greenbag Road was
originally designed and constructed as a locally utilized rural road to provide truck access
to a cement batching plant. Today, with the growth of Morgantown, this minor arterial road
provides access to large commercial and institutional areas, businesses, residential
subdivisions, and community spaces. Greenbag Road has been identified to have
operational (e.g. congestion) and safety deficiencies because of substandard lane
widths, inadequate shoulder widths, and a lack of multi-modal accommodations. This
project proposes to widen the roadway along the corridor, improve corridor intersections,
and institute multi-modal accommodations.” DOH Project description and documents are
available
here:
https://transportation.wv.gov/highways/TechnicalSupport/CommentsOnProjects/Pages/
Greenbag_Road_Widening.aspx.
The City is the owner of property designated Parcel ID: 31-09-048A-0004-0000 adjoining
Greenbag Road, a portion of which is needed for the DOH improvement project. The DOH
plan sheet showing the parcels to be acquired is attached for reference. The acquired
property involves an open portion of the current City Garage site which is used for storage
of millings and other materials, as well as unimproved areas of White Park. The property
transfer will require relocation of some City Garage operations to other locations on the
same site, but will not impact recreational amenities at White Park. The proposed transfer
price was $1,109,592.00, which reflects the value estimate prepared by DOH in
connection with the project, increased by 5.6% to reflect inflation from the time of the
estimate in 2024 through anticipated closing in March 2026. City Council adopted an
ordinance approving transfer substantially upon these terms on March 24, 2026.

{02125420.DOCX }

98

Item 12B.

City Council
Agenda Item Summary
DOH subsequently requested that the deed for Parcel 6-2 through 6-7 be revised to reflect
an additional payment of $15,000.00 to the City reflecting compensation for materials to
be left on site and not removed, and that a right of entry be granted to DOH allowing
immediate entry on the sight. This agenda items is intended to provide formal action, to
the extent required, recognizing that the March 24 ordinance authorized transfer upon
these terms.

Fiscal Impact: The proposed transfer is intended to provide City with market value for
the property sold. Due to decrease of City Garage site, the City may have need for
additional property or use of alternate existing sites for City Garage-related services,
which could require capital expenditures and/or operational costs.

{02125420.DOCX }

99

Item 12B.

Ordinance No. 2026-____
AN ORDINANCE AUTHORIZING AND RATIFYING TRANSFER OF PROPERTY TO
WEST VIRGINIA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS
The City of Morgantown hereby ordains as follows:
Section 1. Findings and Purpose.
City Council finds and concludes that, pursuant to Section 2.12 of the City Charter, an ordinance
enacted by City Council is required in order to convey or lease or authorize the conveyance or
lease of any lands from the City or to the City, and City Council further finds and concludes that
the transfer of property described by this Ordinance should be, and hereby is, authorized by
adoption of this ordinance. City Council further finds that the West Virginia Department of
Transportation, Division of Highways (“DOH”), previously presented the City with two deeds
providing for transfer of property described as Parcels 6-2 through 6-7 and Parcel 7 in DOH
Project No. U331-857.0.67 00;STP-0857(020)DTC, Greenbag Road Corridor Improvement, for
an agreed amount, and that City Council authorized transfer of the described property upon
substantially the terms described in those deeds by ordinance adopted March 24, 2026; and that
DOH subsequently requested that the deed for Parcel 6-2 through 6-7 be revised to reflect an
additional payment of $15,000.00 to the City reflecting compensation for materials to be left on
site and not removed, and that a right of entry be granted to DOH allowing immediate entry on
the sight. City Council finds and concludes that such changes are within the grant of authority to
the City Manager under the March 24, 2026 ordinance, and, to the extent necessary hereby
authorizes and ratifies such documents.
Section 2. Authorization and Ratification of Transfer.
(a)
The City Manager is hereby authorized to execute and deliver a deed or deeds,
substantially in the form(s) attached hereto, transferring property of The City of Morgantown to
West Virginia Department of Transportation, Division of Highways (“DOH”), in connection with
DOH Project No. U331-857.0.67 00;STP-0857(020)DTC, Greenbag Road Corridor
Improvement, and such documents are ratified by City Council, to the extent necessary, as the
action of the City.
(b)
The City Manager is hereby authorized to execute and deliver a right of entry
agreement or agreements, substantially in the form(s) attached hereto, granting entry onto
property of The City of Morgantown to West Virginia Department of Transportation, Division of
Highways (“DOH”), in connection with DOH Project No. U331-857.0.67 00;STP0857(020)DTC, Greenbag Road Corridor Improvement, and such documents are ratified by City
Council, to the extent necessary, as the action of the City.
(c)
The City Manager is authorized, but not required, to execute such additional
documents, and take such other actions, as necessary to accomplish the purposes of the
transfer(s) authorized by this Ordinance, and any and all such documents or actions may be
conditioned upon the determination of the City Manager that such delivery is in compliance with
all applicable laws, rules, and regulations, and upon payment by or on behalf of the grantees of
the amounts owed to the City.

{02125384.DOCX }

100

Item 12B.

Section 3. Repeal, Savings, Severability.
Any section of this Code repealed or modified by a subsequent ordinance will continue in force
until the effective date of the repealing ordinance.
The repeal or modification of any part of this Code does not affect any existing right acquired, or
liability or obligation incurred, under the code sections amended or repealed unless the
modifying ordinance expressly so provides. Any repealed or modified part of this Code will
remain in force for the purpose of sustaining any proper legal proceedings and prosecutions
related to the enforcement of such right or liability brought prior to the repeal or modification.
The repeal of any repealing ordinance, clause, or provision does not revive any former
ordinance, clause, or provision unless expressly provided by ordinance.
If any provision of this Ordinance, or the application of this Ordinance to any person or
circumstance, is held invalid by a court of competent jurisdiction or other entity or agency
having jurisdiction to make such determination, the remainder of this Ordinance and the
application to other persons or circumstances remain in effect.

Section 4. Effective date; application. This ordinance shall be effective upon adoption. This
Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred,
and proceedings that were begun, before its effective date. The law remains in force for the
purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty,
forfeiture or liability.
Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required
by the form of Ordinance adopted and maintain an executed original ordinance with the official
records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with
the laws of the State of West Virginia and the City of Morgantown, and to take the following
additional actions: Record, upon receipt, an executed copy of the easement authorized herein
with the official records of the City.

FIRST READING: ______________________

________________________
Mayor

SECOND READING: ___________________
ADOPTED: ___________________________

________________________
City Clerk

FILED: _______________________________

{02125384.DOCX }

101