W. Va. Code R. § 145-11-9

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

Section 145-11-9 - Duties of applicant after district is established

9.1. Upon completion of the economic development plan and plat for the Brownfield Economic Development District, the applicant or any successor to the applicant shall submit the plan and plat to the Director of the Development Office for approval. If the Director finds that the plan and plat are substantially in compliance with the concept plan submitted with the application for establishment of the Brownfield Economic Development District, the Director shall approve the plan and plat for recording by the applicant or any successor to the applicant in the office of the county clerk of the county in which the district is located.

9.2. On or before the first day of the thirty-sixth month following the month in which the Brownfield Economic Development District was established by the Director of the Development Office, the project engineer or architect retained or employed by applicant or any successor to the applicant shall certify to the Director that the economic development project remains in substantial compliance with all material provisions of the economic development project concept plan including, but not limited to, the project completion time-line, filed with the application for establishment of the Brownfield Economic Development District and identify any area or area where material changes, if any were made. The seal of the architect or engineer shall be affixed to the certification. This certification shall be made on or before the first day of every eighteen month anniversary thereafter until the project architect or engineer retained or employed by the applicant or any successor to the applicant, certifies, under seal, that eighty percent (80%) or more of the buildings in the economic development project concept plan, based on square footage of space, has been completed. For purposes of this section "substantial compliance" means compliance with the material provisions of the economic development concept plan and the project completion timeline.

9.3. Whenever the applicant or any successor to the applicant fails to comply with the requirements of subsection 9.1 for more than thirty calendar days, the designation of the district as a Brownfield Economic Development District shall automatically be revoked without further action by the Director of the Development Office.

9.4. Whenever the applicant or any successor to the applicant desires to materially change or deviate from the economic development concept plan or the project completion time-line submitted with the application for the Brownfield Economic Development District, the applicant or any successor to the applicant shall apply to the Director of the Development Office for approval of the material change in or deviation from the concept plan at least thirty days before entering into any contract that by itself or in conjunction with one or more other contracts, would result in a material change in or deviation from the economic development concept plan or the project completion time-line. For purposes of this subsection "material change" means a reduction in the aggregate square footage of the buildings proposed in the economic development project concept plan by more than fifteen percent (15%), or a change in the use of a building to a use inconsistent with or a use less desirable than the use or uses described in the concept plan.

9.5. Whenever the applicant or any successor to the applicant fails to comply with the requirements of subsection 9.4, the designation of the district as a Brownfield Economic Development District shall automatically be revoked without further action by the Director of the Development Office.

9.6. Whenever the Brownfield Economic Development District is revoked pursuant to this section, the Director shall promptly notify the applicant or any successor to the applicant in writing of the revocation due to the action or inaction of the applicant or any successor to the applicant. The Director shall send a copy of the notice to the governing body of the local jurisdiction or jurisdictions in which the Brownfield Economic Development District was located. The Director's notice shall be served on the applicant or any successor to the applicant and on the governing body by certified mail return receipt requested, or by facsimile transmission and regular mail.

9.7. Once designated, the district shall work in conjunction with the regional brownfield assistance centers of Marshall University and West Virginia University as specified in § 18B-11-7 of this code.

W. Va. Code R. § 145-11-9