W. Va. Code R. § 145-11-8

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

Section 145-11-8 - Criterion for considering application

The Director of the Development Office shall use the following criterion when determining whether to grant or deny an application for establishment of a Brownfield Economic Development District:

8.1. Criterion for determining whether establishing a Brownfield Economic Development District will create significant economic development, as defined in section two of this rule, in the district include, but are not limited to:

8.1.a. The cost of the economic development project, exclusive of land cost will be greater than ten million dollars.

8.1.b. The estimated number and quality of jobs to be created within the district, including, but not limited to, construction jobs and permanent employment jobs.

8.1.c. The estimated annual payroll of the jobs to be created in the district.

8.1.d. The extent to which the jobs in the district are new jobs as contrasted with the relocation of existing jobs from within this State.

8.1.e. The extent to which the economic development project will support, enhance, and diversify existing business located in the county or region in which the district is located.

8.2. Criterion for determining whether but for designation of the site as a brownfield economic development district the proposed economic development would not be possible include, but are not limited to:

8.2.a. Rejection of the applicant's land use proposal by the local officials who would otherwise need to approve the proposal.

8.2.b. The reason(s) for rejection of the applicant's proposal given by the local land use officials, if any reason(s) were provided in writing.

8.3. Criterion for determining whether the economic development project is in the best interest of the State include but are not limited to:

8.3.a. The extent to which the new permanent jobs created will be quality jobs that pay high wages and provide good benefits.

8.3.b. The extent to which the district will stimulate and support the growth of new or existing businesses located outside the district but in the county.

8.3.c. The extent to which the district will stimulate and support the growth of new or existing businesses located outside the county but in this State.

8.3.d. The extent to which the district will compete with or compliment existing businesses in the county.

8.3.e. The extent to which the economic development project will, directly, or indirectly, improve the opportunities in the area where the district will be located for the successful establishment or expansion of other commercial or industrial businesses in the county.

8.3.f. The extent to which the economic development project will, directly, or indirectly, assist in the creation of additional employment opportunities in the area where the district will be located.

8.3.g. The extent to which the economic development project will help to diversify the local economy.

8.3.h. Other criteria:

8.3.h.1. The estimated amount of ad valorem property taxes that will be generated annually as a result of the completed project.

8.3.h.2. The estimated state and local taxes, not including ad valorem property taxes, that will be generated annually from businesses activities and employment in the district.

8.3.h.3. The estimated state and local taxes, including ad valorem property taxes, that will be generated annually from businesses activities and employment outside the district that are fairly related to business and other activities in the district.

8.4. Criterion for determining whether the applicant has attempted to work in good faith with local officials in regard to land use include but are not limited to:

8.4.a. The land use plan submitted to local officials.

8.4.b. Any revised land use plan submitted to local officials.

8.4.c. That the land use plan(s) submitted by the applicant was rejected or tabled by the local officials, or the local officials refused to consider the land use plan.

W. Va. Code R. § 145-11-8