H. B. 2762
(By Delegates Doyle and Manuel)
[Introduced March 6, 2001; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section six, article twenty, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to further amend said article by
adding thereto a new section, designated section eleven, all
relating to the local powers act generally; clarifying that
formal building permit and review systems that provide for the
inspection of structures require the inspection only of
structures constructed or modified after the adoption of the
formal building permit and review system; removing the
requirement that the inspection of structures under the
building permit and review systems be systematic and ongoing;
and authorizing certain county school boards to levy impact
fees.
Be it enacted by the Legislature of West Virginia:
That section six, article twenty, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that said article be further amended by
adding thereto a new section, designated section eleven, all 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 county-wide 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) Drafting and adopting a subdivision control ordinance;
(6) 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
and which further provides for the systematic and ongoing
inspection of existing structures constructed or modified after the
adoption of the formal building permit and review system. The
county shall adopt, pursuant to section three-n, article one of
this chapter, the state building code into any such the building
permit and review system; and
(7) 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 the proposed capital
improvements, cost estimates, projected time frames for
constructing such the 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 the 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 the impact fee or fees have been paid.
(c) Capital improvement programs for public elementary and
secondary school facilities in counties where the county board of
education does not, within one year of the county meeting the
requirements of subsection (a) of this section, levy separate
impact fees pursuant to section eleven of this article
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
on the investment. The 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
the 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 under this
article if a county government so desires. The standards governing
the construction or structural modification for any such the additional area shall may not deviate from those adopted and
maintained at the time such the addition is made.
(e) The county may modify annually any capital improvements
plan in addition to any impact fee rates based thereon on the plan
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 the capital improvement plan.
§7-20-11. County school board impact fees.
(a) In addition to the fees or taxes that may be imposed by a
county under the provisions of this article, a county school board
located in a county that meets the requirements of section six of
this article and has adopted a county-wide comprehensive capital
improvements plan for the county's public primary and secondary
school facilities is authorized to levy separate impact fees on any
projects against which they may be levied under the provisions of
this article. The school board has the power and authority
granted by the provisions of this article to the county to effect
the purposes of this section. The total impact fees that may be levied by a school board under the provisions of this section may
not exceed the total cost of the capital improvements under the
plan.
(b) The use of revenues collected by a county from the payment
of impact fees where the county board of education levies separate
impact fees is restricted as provided by section eight of this
article except that the use of the revenues collected by the county
does not extend to capital improvements for the county's public
primary and secondary school facilities.
(c) As a prerequisite to authorizing county school boards to
levy impact fees related to population growth and public service
needs, boards shall meet the following requirements:
(1) 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 the proposed capital improvements, cost
estimates, projected time frames for constructing the improvements
and proposed or anticipated funding sources.
(d) Capital improvement programs may include provisions to
provide for the expenditure of impact fees for any legitimate county board of education 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 board, or exists in combination with other funds
available to the county board: Provided, That for the expenditures
to be considered legitimate no county board or other local
authority may deny or withhold any reasonable benefit that may be
derived therefrom from any development project for which the impact
fee or fees have been paid.
(e) 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 on the investment. The 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 the facility. Impact fee revenues may only be used
for capital replacement or expansion.
(f) Additional development areas may be added to any plan or
capital improvements program provided for under this article if a
county school board so desires. The standards governing the
construction or structural modification for the additional area may
not deviate from those adopted and maintained at the time the addition is made.
(g) The county school board may modify annually any capital
improvements plan in addition to any impact fee rates based on the
plan, 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 the capital improvement plan.
NOTE: The purpose of this bill is to clarify that under the
Local Powers Act, formal building permit and review systems that
provide for the inspection of structures require the inspection
only of structures constructed or modified after the adoption of
the formal permit and review system, to remove the requirement that
the inspection of structures under the building permit and review
systems must be systematic and ongoing, and that county school
boards may impose separate impact fees to pay for capital
improvements to their school facilities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§7-20-11 is new; therefore, strike-throughs and underscoring
have been omitted.