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Introduced Version House Bill 2296 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2296


(By Delegate Doyle)
[Introduced January 13, 2010; referred to the
Committee on Political Subdivisions then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-20-3a, relating to empowering certain county and municipalities to deny a development activity if adequate public facilities, assets and services are not available to support the activity; delegation of authority; and expanding the list of capital improvements and services which may be determined to be adequate to include libraries and library services.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-20-3a, to read as follows:

ARTICLE 20. FEES AND EXPENDITURES FOR COUNTY DEVELOPMENT.
§7-20-3a. Adequate facilities ordinance.
(a) In addition to powers otherwise provided by this code to counties and municipalities, the governing body of any county authorized to levy impact fees and the governing body of each municipality within the county may, by ordinance, provide that the governing body may deny the issuance of a subdivision or site plan approval, the issuance of a building permit, the approval of a certificate of occupancy, or the approval of any other development or construction within the county when the governing body determines, in its sole discretion, that any one or more of the public facilities, assets or services within the definition of capital improvements or county services, as specified in subsections (a) and (b), section three of this article, are not adequate to support the activity.
(b) In addition to the public facilities, assets and services specified in subsections (a) and (b), section three of this article, as used in this section:
(1) "Capital improvements" also mean libraries that are owned, supported or established by county government; and
(2) "County services" also mean library services.
(c) A governing body which enacts an adequate facilities ordinance as described in subsection (a) of this section may delegate its authority to determine the adequacy of capital improvements or county services to its planning commission if so specified in the ordinance.




NOTE:
The purpose of this bill is to empower counties, municipalities or their planning commissions in areas where impact fees are charged to deny authorization for a development activity if any of them determine that adequate public facilities, assets and services are not available to support the activity and expanding the list of facilities and services which must be available to include libraries and library services.

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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