§ 153A-317.12. Definition of economic development and training district.
§ 153A‑317.12. Definition of economicdevelopment and training district.
(a) Standards. The board of commissioners may by resolutionestablish an economic development and training district for an area or areas ofthe county that, at the time the resolution is adopted, meet the followingstandards:
(1) All of the real property in the district primarily is beingused for, or is subject to, a declaration of covenants, conditions, andrestrictions that limits its use primarily to biotech processing, chemicalmanufacturing, pharmaceutical manufacturing, electronics manufacturing,telecommunications manufacturing, and any allied, ancillary, or subordinateuses including, without limitation, any research and development facility,headquarters or office, temporary lodging facility, restaurant, warehouse, ortransportation or distribution facility.
(2) The district includes at least two pharmaceuticalsmanufacturing or bioprocessing facilities occupying sites in the districtcontaining in the aggregate at least 425 acres owned by publicly heldcorporations.
(3) The bioprocessing and pharmaceuticals manufacturingfacilities in the district employ in the aggregate at least 1,600 persons.
(4) The district includes an industrial park consisting of atleast 60 acres within a noncontiguous parcel of at least 625 acres now orformerly owned by an airport authority.
(5) The district's zoning classifications permit the uses listedin this section.
(6) All real property in the district is either zoned for or isbeing used primarily for pharmaceutical, biotech, life sciences, chemical,telecommunications, or electronics manufacturing or processing or allied,ancillary, or subordinate uses.
(7) The district shall include a skills training center situatedon a tract containing not less than eight acres, which facility shall bedesigned and staffed to provide relevant training to prepare existing orprospective employees of targeted industries for jobs in one or more of thepharmaceutical, biotech, life sciences, chemical, telecommunications, andelectronics industries and allied, ancillary, or subordinate industries. Thetraining center shall be completed within a reasonable period after thecreation of the district.
(8) At the date of creation, no part of the district lies withinthe boundaries of any incorporated city or town.
(9) There exists a uniform set of covenants, conditions,restrictions, and reservations that applies to all real property in thedistrict other than property owned by the federal, State, or local government.
(10) There exists in the district an association of owners andtenants to which owners of real property representing at least fifty percent(50%) of the assessed value of real property in the district belong, whichassociation can make the recommendations provided for in G.S. 153A‑317.13.
(11) A petition requesting creation of the district signed byowners of real property in the district who own real and personal propertyrepresenting at least fifty percent (50%) of the total assessed value of thereal and personal property in the district has been presented to the board ofcommissioners. In determining the assessed value of real and personal propertyin the district and the owners of real property, there shall be excluded: (i)real property exempted from taxation and real property classified and excludedfrom taxation and (ii) the owners of such exempted or classified and excludedproperty. Assessed value shall mean the most recent values determined by thecounty for the imposition of taxes on real and personal property.
(b) Findings. The board of commissioners may establish aneconomic development and training district if, upon the information andevidence it receives, the board determines that:
(1) The proposed district meets the standards set forth in subsection(a) of this section;
(2) Economic development of the county will be served byproviding selected skills training in a facility designed specifically toaddress the needs of targeted industries such as pharmaceuticals, biotechprocessing, telecommunications, electronics, and allied, ancillary, orsubordinate supplies or services to induce existing industries and targetedindustries to improve and expand their facilities and new industries to locatefacilities in the district, thereby providing employment opportunities for theresidents of the county;
(3) It is impossible or impractical to provide trainingfacilities and services on a countywide basis to all existing and futureemployers in the county to the same extent as such training services are intendedto be furnished within the district; and
(4) It is economically feasible to provide the proposed trainingfacilities and services in the district without unreasonable or burdensome taxlevies.
(c) Report. Before the public hearing required by subsection(d) of this section, the board of commissioners shall cause to be prepared areport containing all of the following:
(1) A map of the proposed district showing its proposedboundaries.
(2) A statement showing that the proposed district meets the standardsset out in subsection (a) of this section.
(3) A plan for providing the skills training center and trainingservices to the district.
The report shall be available for public inspection inthe office of the clerk to the board for at least four weeks before the date ofthe public hearing.
(d) Hearing and Notice. The board of commissioners shall holda public hearing before adopting any resolution defining a district under thissection. Notice of the hearing shall state the date, hour, and place of thehearing and its subject and shall include a map of the proposed district and astatement that the report required by subsection (c) of this section isavailable for public inspection in the office of the clerk to the board. Thenotice shall be published at least once not less than one week before the dateof the hearing. In addition, it shall be mailed at least four weeks before thedate of the hearing by any class of U.S. mail which is fully prepaid to theowners as shown by the county tax records as of the preceding January 1 (and atthe address shown thereon) of all property located within the proposeddistrict. The person designated by the board to mail the notice shall certifyto the board that the mailing has been completed, and the certificate shall beconclusive in the absence of fraud.
(e) Effective Date. The resolution creating a district shalltake effect at the beginning of the fiscal year commencing after its passage orsuch other date as shall be determined by the board of commissioners. (2003‑418, s. 1.)