W. Va. Code R. § 145-11-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 145-11-3 - Content of application

An application for establishment of a Brownfield Economic Development District shall, at a minimum, include the following:

3.1. The applicant's name.

3.2. The applicant's current address.

3.3. The applicant's telephone number, facsimile number and e-mail address.

3.4. The applicant's financial capabilities.

3.5. The name of the proposed Brownfield Economic Development District.

3.6. A general description of the site to be designated a Brownfield Economic Development District, which shall include, at a minimum, the following:

3.6.a. A written description of the site that includes any city, county, and street addresses, and adjacent landmarks, buildings, waterways, former uses or other identifying information.

3.6.b. The deed book number and deed number of the site.

3.6.c. The County tax map references.

3.6.d. Geographic information system data to accurately delineate the voluntary remediation site.

3.6.d.1. All geographic information system location data must have a horizontal accuracy within 12.2 meters (40 feet) in accordance with the U.S. Department of Interior U.S. Geological Survey National Map Accuracy Standards.

3.6.e. Any other identifying information that will serve to clearly and concisely identify the real estate to be included in the Brownfield Economic Development District.

3.6.f. A Brownfield Economic Development District may not include any non-contiguous location or property not owned or controlled by the applicant at the time the application is filed.

3.7. A map showing the boundaries of the Brownfield Economic Development District and showing the proposed economic development in the district.

3.8. Documentation establishing that as of the date of the application the applicant owns or controls all of the land in the proposed Brownfield Economic Development District.

3.9. A time line for completion of the economic development project.

3.10. A traffic study performed by a recognized traffic consultant if (a) the economic development project will directly and indirectly employ more than 200 employees who will work in the district once the economic development project is finished, or (b) if more than 200 individuals will reside in the district once the economic development project is completed, or (c) if any combination of residents and employees exceeds 200 persons in the aggregate.

3.11. A true copy of the economic development concept project plan including an estimated breakdown of project costs, which shall not include the cost to complete the voluntary remediation agreement.

3.12. Documentation of financial ability of the applicant to undertake and complete the proposed economic development project plan or an independent economic feasibility study demonstrating the feasibility of the proposed economic development project.

3.13. If the project infrastructure will tie in to a public or private utility, a letter from the utility or utilities serving the area in which the project is located certifying the following:

3.13.a. They have reviewed and approved all plans and specifications for the project's infrastructure applicable to the utility to determine that the infrastructure conforms to the utility's reasonable requirements and, when the infrastructure consists of water transmission or distribution facilities, that the infrastructure will provide for adequate fire protection for the district; and

3.13.b. If the infrastructure is built in conformance with said plans and specifications, the utility will accept the improvements following their completion.

3.14. If state or local roads adjacent to the Brownfield Economic Development District will need to be upgraded to facilitate ingress and egress from the district, the developer shall pay for the cost of these improvements which shall be evidenced by a letter from the Division of Highways, State Department of Transportation, or the local government entity describing generally the construction work to be done, and that the developer has agreed to reimburse the Department or local government entity for the costs of construction. If the developer will build roads that upon completion will be taken into the state or local road system, the developer shall provide a letter from the Division of Highways or local government entity certifying that if the road(s) is built to standards of the Division of Highways or the local government entity, the road(s) will be taken into the State Road System of the local road system, as the case may be.

3.15. If the utility does not currently have adequate capacity to provide reliable service customers in the Brownfield Economic Development District without significant upgrades or modifications to its treatment, storage, source of supply, or transmission facilities, the applicant must agree to pay the cost of upgrading the utility so that it has adequate capacity to provide the utility service.

3.16. A true copy of the voluntary remediation agreement with the Secretary of the Department of Environmental Protection covering some or all of the land in the proposed district.

3.17. Facts and documents demonstrating that designation of a site as a Brownfield Economic Development District will create significant economic development, as defined in section 2 of this rule, including, but not limited to:

3.17.a. Estimated total number of jobs to be created in the Brownfield Economic Development District.

3.17.a.1. Estimated number of construction jobs over the life of the project.

3.17.a.2. Estimated number of permanent jobs once the project is completed and all buildings are occupied.

3.17.a.3. Estimated number of temporary or seasonal jobs once the project is completed and all buildings to be occupied are occupied.

3.17.a.4. Estimated number of part-time jobs once the project is completed and all buildings are occupied.

3.18. Facts and documents demonstrating that but for designation as Brownfield Economic Development District, the contemplated economic development project would not be possible.

3.19. Facts and documents demonstrating that the economic development project is in the best interest of the State. At a minimum, these facts and documents shall include an economic forecast of:

3.19.a. The additional amount of real and personal property taxes expected to be collected once the economic development project is completed.

3.19.b. The additional state and local taxes the completed project will generate, not including ad valorem property taxes or taxes levied on employees working in the district.

3.19.c. The amount of West Virginia personal income taxes that will be paid by employees working in the district once the project is completed, based on the payroll of the district.

3.20. An applicant shall demonstrate that the applicant has attempted to work in good faith with local officials in regard to land-use issues.

3.20.a. A copy of the original land use plan submitted to the local land use officials.

3.20.b. A copy of any and all amended or revised land development plan and plat submitted to the local land use officials, with a cover document highlighting the major difference(s) between each version of the land use plan.

3.20.c. One or more documents showing that the land use plan was rejected by the land use officials. Examples of these documents include, but are not limited to, a transcript of the public meeting at which the land use plan was rejected, a letter or order signed by the chairman of the land use officials providing reasons why the land use plan was rejected, the affidavit of the applicant or the affiant's attorney stating the affiant's understanding of why the land use plan was rejected.

3.21. Prior to granting a designation of brownfield economic development district, the applicant shall provide documentation that the applicant is in compliance with the voluntary remediation agreement and that all of the requirements of W. Va. Code § 22-22-1et seq., as of the date the application for establishment of the Brownfield Economic Development District was filed with the Development Office.

3.22. Nothing may be construed by this section to exempt brownfield economic districts from environmental regulations that would pertain to the Brownfield Economic Development.

3.23. The decision of the development office in regard to an application is final.

3.24. Ongoing requirement to correct errors or update information in application.

3.25. Other information, as requested by the Director of the Development Office.

W. Va. Code R. § 145-11-3