H. B. 3191
(By Delegates Blair, Overington, Duke and Tabb)
[Introduced
March 24, 2005
; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §7-20-6 of the Code of West Virginia,
1931, as amended, relating to exempting the collection of
impact fees by counties from the requirement that a county
adopt a comprehensive zoning ordinance before such fees can be
collected.
Be it enacted by the Legislature of West Virginia:
That §7-20-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 20. FEES AND EXPENDITURES FOR COUNTY DEVELOPMENT.
§7-20-6. Criteria and requirements necessary to implement
collection of fees.
(a) As a prerequisite to authorizing counties to levy impact
fees related to population growth and public service needs,
counties shall meet the following requirements:
(1) A demonstration that population growth rate history as
determined from the most recent base decennial census counts of a
county, utilizing generally approved standard statistical estimate procedures, in excess of one percent annually averaged over a
five-year period since the last decennial census count; or a
demonstration that a total population growth rate projection of one
percent per annum for an ensuing five-year period, based on
standard statistical estimate procedures, from the current official
population estimate of the county;
(2) Adopting a countywide comprehensive plan;
(3) Reviewing and updating any comprehensive plan at no less
than five-year intervals;
(4) Drafting and adopting a comprehensive zoning ordinance;
(5) (4) Drafting and adopting a subdivision control ordinance;
(6) (5) Keeping in place a formal building permit and review
system which provides a process to regulate the authorization of
applications relating to construction or structural modification.
The county shall adopt, pursuant to section three-n, article one of
this chapter, the state building code into any such building permit
and review system; and
(7) (6) Providing an improvement program which shall include:
(A) Developing and maintaining a list within the county of
particular sites with development potential;
(B) Developing and maintaining standards of service for
capital improvements which are fully or partially funded with
revenues collected from impact fees; and
(C) Lists of proposed capital improvements from all areas,
containing descriptions of any such proposed capital improvements,
cost estimates, projected time frames for constructing such improvements and proposed or anticipated funding sources.
(b) Capital improvement programs may include provisions to
provide for the expenditure of impact fees for any legitimate
county purpose. This may include the expenditure of fees for
partial funding of any particular capital improvement where other
funding exists from any source other than the county or exists in
combination with other funds available to the county: Provided,
That for such expenditures to be considered legitimate, no county
or other local authority may deny or withhold any reasonable
benefit that may be derived therefrom from any development project
for which such impact fee or fees have been paid.
(c) Capital improvement programs for public elementary and
secondary school facilities may include provisions to spend impact
fees based on a computation related to the following: (1) The
existing local tax base; and (2) the adjusted value of accumulated
infrastructure investment, based on net depreciation, and any
remaining debt owed thereon. Any such computation must establish
the value of any equity shares in the net worth of an impacted
school system facility, regardless of the existence of any need to
expand such facility. Impact fee revenues may only be used for
capital replacement or expansion.
(d) Additional development areas may be added to any plan or
capital improvements program provided for hereunder if a county
government so desires. The standards governing the construction or
structural modification for any such additional area shall not
deviate from those adopted and maintained at the time such addition is made.
(e) The county may modify annually any capital improvements
plan in addition to any impact fee rates based thereon, pursuant to
the following:
(1) The number and extent of development projects begun in the
past year;
(2) The number and extent of public facilities existing or
under construction;
(3) The changing needs of the general population;
(4) The availability of any other funding sources; and
(5) Any other relevant and significant factor applicable to a
legitimate goal or goals of any such capital improvement plan.
NOTE:
The purpose of this bill is to exempt the collection of
impact fees by counties from the requirement that a county adopt a
comprehensive zoning ordinance before such fees can be collected.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.