West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-11 - Brownfield Economic Development Districts › Section 145-11-9 - Duties of applicant after district is established

Current through Register Vol. XLI, No. 28, July 12, 2024
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.