H. B. 3185
(By Delegates Lawrence and Manchin)
[Passed March 12, 2011; in effect ninety days from passage.]
AN ACT to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-20-7a, relating to
impact fees; providing legislative findings; requiring
counties to have an affordable housing component in the
county's impact fees ordinance; providing requirements for the
affordable housing component; and requiring a vote by the
county commission to increase or decrease impact fees.
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 §7-20-7a, to read as
ARTICLE 20. FEES AND EXPENDITURES FOR COUNTY DEVELOPMENT.
§7-20-7a. Impact fees for affordable housing.
(a) The Legislature finds that:
(1) There is a lack of affordable housing in counties that impose impact fees because the cost of the fees along with the
economic conditions in those counties has resulted in low and
moderate income persons, persons on fixed incomes, the elderly and
persons with special needs, not being able to obtain safe, decent
and affordable housing;
(2) A lack of affordable housing affects the ability of a
community to develop and maintain strong and stable economies, and
impairs the health, stability and self-esteem of individuals and
(3) Financing affordable housing particularly in high growth
counties is becoming increasingly difficult.
For these reasons, it is in the public interest to encourage
counties that have imposed impact fees and those considering the
imposition of impact fees to fairly assess and discount impact fees
so as not to limit safe, decent and affordable housing.
(b) On or before July 1, 2012, a county imposing impact fees
shall enact an affordable housing component with a discount impact
fees schedule, based upon the new homes value compared to the most
recent annual single dwelling residential housing index created in
section two-b, article one, chapter eleven of this code, to the
county's impact fees ordinance. The impact fees schedule shall be
updated annually to reflect the changes to the single dwelling
residential housing index.
(c) The affordable housing component shall:
(1) Take into account all the different types of housing,
including single family detached, single family attached, duplex,
, condominium and
(2) Include a discount for mobile homes, as defined in section
one, article one, chapter seventeen-a of this code, based upon the
value set out in the National Automobile Dealers Association book.
(d) The county commission shall annually approve, by a
majority vote, any increase or decrease in the impact fees