H. B. 2734
(By Delegates Doyle, Manuel and Tabb)
[Introduced January 28, 2003; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend article twenty-four, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eighty-six, relating to authorizing certain municipalities to
impose impact fees upon the construction of new development
projects to offset the cost of expanding or extending certain
public services within the municipalities.
Be it enacted by the Legislature of West Virginia:
That article twenty-four, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighty-six, to read as follows:
ARTICLE 24. PLANNING AND ZONING
Part XXI. Impact Fees.
§8-24-86. Municipal impact fees.
(a) It is the purpose of this section to provide for the fair
distribution of costs for municipal development by authorizing the
limited assessment and collection of fees by certain municipalities
upon the construction of new development projects located within
the municipality to offset the cost of expanding or extending
certain public services within the municipalities, all in a manner
similar to which impact fees are authorized for such use by
counties under the provisions of article twenty, chapter seven of
(b) The governing body of a municipality located within a
county that levies and collects impact fees pursuant to the
provisions of article twenty, chapter seven of this code may levy
impact fees upon the construction of new development projects
located within the municipality for the purposes described in
subsection (a) of this section.
(c)(1) Impact fees imposed by a municipality pursuant to this
section shall be determined, imposed and administered in the manner
in which impact fees imposed by counties are determined, imposed
and administered under the provisions of article twenty, chapter
seven of this code as if those provisions were set forth herein and
made applicable to municipalities, except as provided in this
section and subject to the following:
(A) Revenues collected from the payment of impact fees to the
municipality shall be restricted to funding expanded or extended municipal services which benefit the particular developments for
which the fees are paid;
(B) An impact fee assessed against a development project to
fund the expansion or extension of municipal services may not
exceed the actual proportionate share of any benefit realized by
the project relative to the benefit to the resident taxpayers; and
(C) An impact fee imposed by a municipality may not exceed
twenty-five percent of the rate of the impact fee imposed by the
(2) An impact fee imposed by a county on a project located
within a municipality upon which an impact fee is imposed by a
municipality under the provisions of this section does not
constitute a "double tax" as that term is used in subsection (a),
section seven, article twenty, chapter seven of this code.
(d) Notwithstanding any provision of article twenty, chapter
seven of this code to the contrary, an impact fee imposed upon a
project by a municipality pursuant to this section shall be in
addition to the impact fee imposed upon the project by the county.
(e) A municipality that determines to impose impact fees
pursuant to this section may, with the concurrence of the county in
which the municipality is located, designate the county's
collection point of its impact fees as the collection point of the
municipal impact fees. Upon the designation, all such collections
shall be made at the single point or points designated by the county.
(f) As used in this section, "municipal services" means: (1)
Services provided by administration and administrative personnel,
law enforcement and its support personnel; (2) street light
service; (3) fire-fighting service; (4) ambulance service; (5) fire
hydrant service; (6) roadway maintenance and other services
provided by roadway maintenance personnel; (7) public utility
systems and services provided by public utility systems personnel,
water; and (8) all other direct and indirect municipal services
authorized by this code.
NOTE: The purpose of the bill is to authorize each
municipality located within a county that imposes county impact
fees upon the construction of new development projects to impose
limited municipal impact fees upon those projects that are situated
within the municipality.
This section is new; therefore, strike-throughs and
underscoring have been omitted.