West Virginia Code § 7-20-8

Use and administration of impact fees
Open in Lexace · Ask the AI about this section
(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 arease wherein
development projects are located. County commissions shall have discretion in determining
geographical configurations related to the expenditure of impact fee corllections.
(b) Impact fees may only be spent on those projects specified in uthe 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 easrmarked 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 shalil be published at least once each fiscal period. The
county commission shall provide an gannual 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.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.