
H. B. 4733



(By Delegates Doyle and Manuel)



[Introduced February 25, 2000; referred to the



Committee on Government Organization.]
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, relating to clarifying that formal
building permit and review systems that provide for the
systematic and ongoing inspection of structures require the
inspection only of structures constructed or modified after
the adoption of the formal building permit and review system.
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 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 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 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 clarify that formal
building permit and review systems that provide for the systematic
and ongoing inspection of structures require the inspection only of
structures constructed or modified after the adoption of the formal
permit and review system.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.