W. Va. Code R. § 145-16-9

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

Section 145-16-9 - Criteria for Considering Applications; Tourism Development District Agreement between Development Office and Applicant upon Approval

9.1. The Director of the Development Office shall consider the following criteria when determining whether to approve the application for the establishment of a Tourism Development District:

9.1.1. The approved costs of the Tourism Development Project or Tourism Development Expansion Project must be in excess of twenty-five million dollars ($25,000,000);

9.1.2. The estimated number and type of jobs to be created within the Tourism Development District, specifically including, but not limited to, construction jobs and permanent jobs;

9.1.3. The estimated average annual payroll of the permanent jobs to be created in the Tourism Development District; and

9.1.4. The economic impact on the state and the region in which the Tourism Development District is to be located, specifically including, but not limited to, whether the Tourism Development District will produce significant economic development activity, the extent to which the district will stimulate and support the growth of new or existing businesses located in the county, compete with or compliment existing businesses, improve the opportunities for successful establishment or expansion of other commercial or industrial business, or create additional employment opportunities and diversify the local economy.

9.2. The Development Office shall enter into a Tourism Development District Agreement with the Applicant for each approved Tourism Development District. The Tourism Development District Agreement shall include the following:

9.2.1. A general description of the Site designated as the Tourism Development District, which shall include the following:

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

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

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

9.2.1.d. A map showing the boundaries of the Tourism Development District.

9.2.2. The rules, regulations, standards, processes, or procedures for design, acquisition, construction, installation and equipping, and subsequent operation, of the Project with respect to the following:

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

9.2.2.b. Land use and permitting;

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

9.2.2.d. Demolition permitting;

9.2.2.e. Noise ordinance;

9.2.2.f. Lighting and/or "dark skies" ordinance;

9.2.2.g. 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

9.2.2.h. In determining the rules, regulations, standards, processes, or procedures for design, acquisition, construction, installation and equipping, and subsequent operation, of the Project to be required in the Tourism Development District Agreement, the Development Office shall conduct a nonbinding review of the existing planning and zoning ordinances of any municipality in which the Tourism Development District is wholly or partially located.

9.2.3. Procedures for review of design, plans and specification for the construction of, and for inspection during acquisition, construction, installation and equipping of, the Project to ensure compliance with the rules, regulations, procedures, standards, processes, and procedures agreed to in the Tourism Development District Agreement.

9.2.4. Provisions for monitoring on-going compliance during operation of the Tourism Development District with the rules, regulations, procedures, standards, processes, and procedures agreed to in the Tourism Development District Agreement.

9.2.5. 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:

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

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

9.2.5.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. § 145-16-9