W. Va. Code R. § 145-16-4

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

Section 145-16-4 - Content of Application

An application for establishment of a Tourism Development District shall include the following:

4.1. The Applicant's name.

4.2. The Applicant's current address.

4.3. The Applicant's contact person, including, telephone number, facsimile number, and e-mail address.

4.4. A copy of the TDA Agreement with the Development Office entered into pursuant to W. Va. Code § 5B-2E-6.

4.5. The name of the proposed Tourism Development District.

4.6. A general description of the Site proposed to be designated a Tourism Development District, which shall include, at a minimum, the following:

4.6.1. A written description of the Site that includes any city, county, and street addresses, but does not require a metes and bounds legal description;

4.6.2. The deed book and page number for each parcel of real property that is part of the Site; and

4.6.3. The tax map and parcel number for each parcel of real property that is part of the Site.

4.7. A map showing the boundaries of the Tourism Development District.

4.8. Documentation establishing that as of the date of the Application the Applicant owns or controls, or has right of use of, all of the real property to be included in the proposed Tourism Development District, provided, however that public property, public rights of way and easements, specifically including, but not limited to, roads, sidewalks, and bridges may be included within the boundaries of the Tourism Development District.

4.9. Documentation of financial ability of the Applicant to undertake and complete the design, acquisition, construction, installation, and equipping of the proposed Project and, subsequently, to operate the proposed Project.

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

4.11. A true copy of the Economic Development Plan including an estimated breakdown of Project costs.

4.12. 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 Economic Development Project is located certifying the following:

4.12.1. 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

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

4.13. Facts and documents demonstrating that designation of a site as a Tourism Development District will create significant economic development activity, including, but not limited to:

4.13.1. Estimated total number of jobs to be created in the Tourism Development District.

4.13.1.a. Estimated number of construction jobs over the life of the Project;

4.13.1.b. Estimated number of permanent jobs and estimated annual payroll once the Project is completed and all buildings are occupied;

4.13.1.c. Estimated number of temporary and seasonal jobs once the Project is completed and all buildings to be occupied are occupied; and

4.13.1.d. Estimated number of part-time jobs once the Project is completed and all buildings are occupied.

4.13.2. Estimated annual state and local taxes the Project will generate, during construction, design and equipping, and subsequent operation, thereof, including:

4.13.2.a. Estimated business and occupation tax to be paid to the municipality in which the Project is wholly or partially located;

4.13.2.b. Estimated personal income taxes that will be paid by employees working in the Tourism Development District once the Project is completed, based on the payroll of the District;

4.13.2.c. Estimated ad valorem real and personal property taxes paid in the District; and

4.13.2.d. Estimated hotel occupancy taxes to be paid in the District.

4.14. The rules, regulations, standards, processes, or procedures which the Applicant proposes to be agreed to by and between the Applicant and the Development Office for design, acquisition, construction, installation and equipping, and subsequent operation, of the Project with respect to the following:

4.14.1. Building codes (shall not be less restrictive than the building codes of the State of West Virginia);

4.14.2. Land use and permitting;

4.14.3. Historic preservation and viewshed (shall not be less restrictive than the requirements of the West Virginia State Office of Historic Preservation);

4.14.4. Demolition permitting (may be equivalent to the standards of the county in which the Project is located);

4.14.5. Noise ordinance;

4.14.6. Lighting and/or "dark skies" ordinance;

4.14.7. Regulation of alcoholic liquor, nonintoxicating beer or wine for consumption in the Tourism Development District (shall not be less restrictive than the laws and regulations of the State and the West Virginia Alcohol Beverage Control Administration); and

4.14.8. Inspection during acquisition, construction, installation and equipping of the Project.

4.15. The form of public notice regarding the application to be provided by the Development Office pursuant to this Rule.

4.16. A proposed form of Tourism Development District Agreement.

4.17. Documentation that the Applicant is in compliance with the TDA Agreement between the Development Office and the Approved Company and the requirements of W. Va. Code § 5B-2E-1, et seq.

4.18. Applicant shall demonstrate that the Applicant has attempted to work in good faith with local officials in regard to land-use issues by submission of the following:

4.18.1. A copy of the original land use plan submitted to the local land use officials;

4.18.2. 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; and

4.18.3. A nonbinding review of the existing planning and zoning ordinances of any municipality located in the proposed Tourism Development District.

4.19. The Applicant may refer to and/or rely upon the application it submitted to the Development Office prior to being designated as an Approved Company pursuant to W. Va. Code § 5B-2E-1, et seq. to satisfy some or all of the requirements set forth in this section.

4.20. Applicant agrees to an ongoing obligation to supplement any information required in this rule and shall promptly correct any errors or update information contained in its Application.

W. Va. Code R. § 145-16-4