(a) Revenues collected from the payment of impact fees shall be restricted to funding new and additional capital improvements or expanded or extended public services which benefit the particular developments from which they were paid. Except as provided herein, to ensure that developments for which impact fees have been paid receive reasonable benefits relative to such payments, the use of such funds shall be restricted to areas wherein development projects are located. County commissions shall have discretion in determining geographical configurations related to the expenditure of impact fee collections.
(b) Impact fees may only be spent on those projects specified in the capital improvement plan described in this article.
(c) When impact fees are collected, the county commission shall enter into agreements with any affected party providing new development in order to ensure compliance with the provisions of this article.
(d) Impact fee receipts shall be specifically earmarked and retained in a special account. All receipts shall be placed in interest-bearing accounts wherein the interest gained thereon shall accrue. All accumulated interest shall be published at least once each fiscal period. The county commission shall provide an annual accounting for each account containing impact fee receipts showing the particular source and amount of all such receipts collected, earned, or received, and the capital improvements and public services that were funded, in whole or in part, thereby.
(e) Impact fees shall be expended only in compliance with the plan. Impact fee receipts shall be expended within six years of receipt thereof unless extraordinary and compelling reasons exist to retain them beyond this period. Such extraordinary or compelling reasons shall be identified and published by the county commission in a local newspaper of general circulation for at least two consecutive weeks.
Structure West Virginia Code
Chapter 7. County Commissions and Officers
Article 20. Fees and Expenditures for County Development
§7-20-4. Counties Authorized to Collect Fees
§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
§7-20-12. 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