West Virginia Code
Article 20. Fees and Expenditures for County Development
§7-20-2. Purpose and Findings

(a) It is the purpose of this article to provide for the fair distribution of costs for county development by authorizing the assessment and collection of fees to offset the cost of commercial and residential development within affected counties.
(b) The Legislature hereby makes the following findings:
(1) The residents, taxpayers and users of county facilities and services, in affected counties, have contributed significant funds in the form of taxes and user charges toward the cost of existing county facilities and services, which represent a substantial and incalculable investment;
(2) Affected counties in West Virginia are experiencing an increased demand for development which is causing strain on tax revenues and user charges at existing levels and impairing the ability of taxpayers, residents and users to bear the cost of increased demand for county facilities and services. In some instances, county borrowing has been required to meet the demand;
(3) Equitable considerations require that future residents and users of existing county facilities and services contribute toward the investment already made in those facilities and services;
(4) Sound fiscal policy in the efficient administration of county government requires that the imposition of taxes and user charges be commensurate to the actual yearly cost of county facilities and services;
(5) Accumulations of large financial reserves for future capital expenditures unjustly exact unneeded current funds from taxpayers and users; and
(6) County borrowing unnecessarily increases the cost of government by the amount of debt service and should be avoided unless considered absolutely necessary to meet an existing public need.

Structure West Virginia Code

West Virginia Code

Chapter 7. County Commissions and Officers

Article 20. Fees and Expenditures for County Development

§7-20-1. Short Title

§7-20-2. Purpose and Findings

§7-20-3. Definitions

§7-20-4. Counties Authorized to Collect Fees

§7-20-5. Credits or Offsets to Be Adjusted; Incidental Benefit by One Development Not Construed as Denying Reasonable Benefit to New Development

§7-20-6. Criteria and Requirements Necessary to Implement Collection of Fees

§7-20-7. Establishment of Impact Fees; Levies May Be Used to Fund Existing Capital Improvements

§7-20-7a. Impact Fees for Affordable Housing

§7-20-8. Use and Administration of Impact Fees

§7-20-9. Refund of Unexpended Impact Fees

§7-20-10. Impact Fees Required to Be Consistent With Other Development Regulations

§7-20-11. Additional Powers

§7-20-12. Countywide Service Fees

§7-20-13. Bonds Issued to Finance Infrastructure Project

§7-20-14. Use of Proceeds From Sale of Bonds

§7-20-15. No Contribution by County

§7-20-16. Bonds Made Legal Investments

§7-20-17. Construction of Article

§7-20-18. No Notice, Consent or Publication Required

§7-20-19. Public Officials Exempt From Personal Liability

§7-20-20. Cooperation by Public Bodies

§7-20-21. Relocation of Public Utility Lines or Facilities to Accommodate Special Infrastructure Project

§7-20-22. Special Infrastructure Projects Financed by Service Fee Considered to Be Public Improvements Subject to Prevailing Wage, Local Labor Preference and Competitive Bid Requirements

§7-20-23. Excess Funds; Termination of Service Fee

§7-20-24. Severability