§ 153A-317.14. Extension of economic development and training districts.
§ 153A‑317.14. Extension of economicdevelopment and training districts.
(a) Standards. A board of commissioners may by resolutionannex territory to an economic development and training district upon findingthat:
(1) The conditions, covenants, restrictions, and reservationsrequired by G.S. 153A‑317.12(a)(1) that apply to all real property in thedistrict, other than property owned by the federal, State, or local government,also apply or will apply to the property, other than property owned by the federalgovernment, to be annexed.
(2) One hundred percent (100%) of the owners of real property inthe area to be annexed have petitioned for annexation.
(3) The district, following the annexation, will continue tomeet the standards set out in G.S. 153A‑317.12(a).
(4) The reasonably anticipated training needs of the existingcompanies in the area to be annexed and of new companies that may locate withinthe expanded area can be met by the skills training facility located in thedistrict.
(5) The area to be annexed is either contiguous to a lot,parcel, or tract of land in the district or at least 500 acres in the aggregatecounting all parcels proposed for annexation. A property shall, for purposes ofthis section, be deemed to be contiguous notwithstanding that it may beseparated from other property by a street, road, highway, right‑of‑way,or easement.
(6) If any of the area proposed to be annexed to the district iswholly or partially within the extraterritorial jurisdiction of a municipality,then it shall be necessary to first obtain the affirmative vote of a majorityof the members of the governing body of the municipality before the area can beannexed.
(b) Report. Before the public hearing required by subsection(c) of this section, the board shall cause to be prepared a report containingall of the following:
(1) A map of the district and the territory proposed to beannexed showing the present and proposed boundaries of the district.
(2) A statement that the area to be annexed meets the standardsand requirements of subsection (a) of this section.
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.
(c) Hearing and Notice. The board shall hold a public hearingbefore adopting any resolution extending the boundaries of a district. Noticeof the hearing shall state the date, hour, and place of the hearing and itssubject and shall include a statement that the report required by subsection(b) of this section is available for inspection in the office of the clerk tothe board. The notice shall be published at least once not less than four weeksbefore the hearing. In addition, the notice shall be mailed at least four weeksbefore the date of the hearing by any class of U.S. mail which is fully prepaidto the owners as shown by the county tax records as of the preceding January 1(and at the address shown thereon) of all property located within the area tobe annexed. 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.
(d) Effective Date. The resolution extending the boundaries ofthe district shall take effect at the beginning of the fiscal year commencingafter its passage or such other date as shall be determined by the board. (2003‑418, s. 1.)