§ 153A-312. Definition of research and production service district.
§ 153A‑312. Definitionof research and production service district.
(a) Standards. Theboard of commissioners may by resolution establish a research and productionservice district for any area of the county that, at the time the resolution isadopted, meets the following standards:
(1) All (i) realproperty in the district is being used for or is subject to covenants thatlimit its use to research or scientifically‑oriented production or forassociated commercial or institutional purposes or (ii) if all the realproperty in the district is part of a multijurisdictional industrial park thatsatisfies the criteria of G.S. 143B‑437.08(h), all such real property inthe district is subject to covenants that limit its use to research orscientifically oriented production, associated commercial or institutionalpurposes, or other industrial and associated commercial and institutional uses.
(2) The district (i)contains at least 4,000 acres or (ii) satisfies the criteria of G.S. 143B‑437.08(h).
(3) The district (i)includes research and production facilities that in combination employ at least5,000 persons or (ii) satisfies the criteria of G.S. 143B‑437.08(h).
(4) All real propertylocated in the district was at one time or is currently owned by a nonprofitcorporation, which developed or is developing the property as a research andproduction park.
(5) A petitionrequesting creation of the district signed by at least fifty percent (50%) ofthe owners of real property in the district who own at least fifty percent(50%) of total area of the real property in the district has been presented tothe board of commissioners. In determining the total area of real property inthe district and the number of owners of real property, there shall be excluded(1) real property exempted from taxation and real property classified andexcluded from taxation and (2) the owners of such exempted or classified andexcluded property.
(6) The district has nomore than 25 permanent residents.
(7) There exists in thedistrict an association of owners and tenants, to which at least seventy‑fivepercent (75%) of the owners of real property belong, which association can makethe recommendations provided for in G.S. 153A‑313. This subdivision shallnot apply to a research and production service district that satisfies thecriteria of G.S. 143B‑437.08(h).
(8) There exists, orwill exist when conveyed by the nonprofit corporation described in subdivision(4) of this subsection, deed‑imposed conditions, covenants, restrictions,and reservations that apply to all real property in the district other thanproperty owned by the federal government.
(9) No part of thedistrict lies within the boundaries of any incorporated city or town.
The Board of Commissioners mayestablish a research and production service district if, upon the informationand evidence it receives, the Board finds that:
(1) The proposeddistrict meets the standards set forth in this subsection; and
(2) It is impossible orimpracticable to provide on a countywide basis the additional or higher levelsof services, facilities, or functions proposed for the district; and
(3) It is economicallyfeasible to provide the proposed services, facilities, or functions to thedistrict without unreasonable or burdensome tax levies.
(b) Multi‑CountyDistricts. If an area that meets the standards for creation of a research andproduction service district lies in more than one county, the boards ofcommissioners of those counties may adopt concurrent resolutions establishing aservice district, even if that portion of the district lying in any one of thecounties does not by itself meet the standards. Each of the county boards ofcommissioners shall follow the procedure set out in this section for creationof a service district.
If a multi‑county servicedistrict is established, as provided in this subsection, the boards ofcommissioners of the counties involved shall jointly determine whether the sameappraisal and assessment standards apply uniformly throughout the district.This determination shall be set out in concurrent resolutions of the boards. Ifthe same appraisal and assessment standards apply uniformly throughout thedistrict, the boards of commissioners of all the counties shall levy the samerate of tax for the district, so that a uniform rate of tax is levied fordistrict purposes throughout the district. If the boards determine that thesame standards do not apply uniformly throughout the district, the boards shallagree on the extent of divergence between the counties and on the resulting adjustmentsof tax rates that will be necessary in order that an effectively uniform rateof tax is levied for district purposes throughout the district.
The boards of commissioners ofthe counties establishing a multi‑county service district pursuant to thissubsection may, by concurrent resolution, provide for the administration ofservices within the district by one or more counties on behalf of all theestablishing counties.
(c) Report. Beforethe public hearing required by subsection (d), the board of commissioners shallcause to be prepared a report containing:
(1) A map of theproposed district, showing its proposed boundaries;
(2) A statement showingthat the proposed district meets the standards set out in subsection (a); and
(3) A plan for providingone or more services, facilities, or functions to the district.
The report shall be availablefor public inspection in the office of the clerk to the board for at least fourweeks before the date of the public hearing.
(d) Hearing and Notice. The board of commissioners shall hold a public hearing before adopting anyresolution defining a service district under this section. Notice of thehearing shall state the date, hour, and place of the hearing and its subject,and shall include a map of the proposed district and a statement that thereport required by subsection (c) is available for public inspection in theoffice of the clerk to the board. The notice shall be published at least oncenot less than one week before the date of the hearing. In addition, it shall bemailed at least four weeks before the date of the hearing by any class of U.S.mail which is fully prepaid to the owners as shown by the county tax records asof the preceding January 1 (and at the address shown thereon) of all propertylocated within the proposed district. The person designated by the board tomail the notice shall certify to the board that the mailing has been completedand his certificate is conclusive in the absence of fraud.
(e) Effective Date. Theresolution defining a service district shall take effect at the beginning of afiscal year commencing after its passage, as determined by the board ofcommissioners. (1985,c. 435, s. 1; 2009‑523, s. 3(a).)