House Bill 2306 History
H. B. 2306
(By Delegate Doyle)
[Introduced January 18, 2007; 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
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.
§7-20-3a is new; therefore, strike-throughs and underscoring
have been omitted.