Senate Bill No. 245
(By Senator Snyder)
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[Introduced January 21, 2004; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend and reenact §8-12-14 of the code of West Virginia,
1931, as amended, relating to the local powers act and school
impact fees; and providing that municipalities may require
proof of payment of county school impact fees before issuing
building permits for residential structures.
Be it enacted by the Legislature of West Virginia:
That §8-12-14 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND
MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST
MUNICIPALITIES.
§8-12-14. Permits for construction and alteration.
The governing body of every municipality has plenary power and
authority to require a permit as a condition precedent to the
erection, 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:
Provided, That no
such permits may be
required of the state, a county or other governmental entity, its
contractors, agents or employees for the erection, construction,
repair or alteration of any structure or of any equipment or part
of a structure designated for use by the state, a county or other
governmental entity:
Provided, however, That before issuing
permits for residential structures subject to the county school
impact fee provided in section seven, article twenty, chapter seven
of this code, the governing body of a municipality may require
proof that the applicant has paid the county school impact fee
before issuing a permit.
NOTE: The purpose of this bill is to authorize municipalities
to require proof of payment of county school impact fees before
issuing building permits for residential structures.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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