(a) Authorization. Acity may finance a redevelopment project and any related public improvementswith the proceeds of project development financing debt instruments, issuedpursuant to Article 6 of Chapter 159 of the General Statutes, together with anyother revenues that are available to the city. Before it receives the approvalof the Local Government Commission for issuance of project developmentfinancing debt instruments, the city's governing body must define a developmentfinancing district and adopt a development financing plan for the district. Thecity may act jointly with a county to finance a project, define a developmentfinancing district, and adopt a development financing plan for the district.
(b) DevelopmentFinancing District. A development financing district shall comprise all orportions of one or more redevelopment areas defined pursuant to this Article.The total land area within development financing districts in a city, includingdevelopment financing districts created pursuant to G.S. 158‑7.3, may notexceed five percent (5%) of the total land area of the city. For purposes ofthis section, land in a district created by a county that subsequently becomespart of a city does not count against the city's five‑percent (5%) limitunless the city and the county have entered into an agreement pursuant to G.S.159‑107(e).
(c) DevelopmentFinancing Plan. The development financing plan must be compatible with theredevelopment plan or plans for the redevelopment area or areas included withinthe district. The development financing plan must include all of the following:
(1) A description of theboundaries of the development financing district.
(2) A description of theproposed development of the district, both public and private.
(3) The costs of theproposed public activities.
(4) The sources andamounts of funds to pay for the proposed public activities.
(5) The base valuationof the development financing district.
(6) The projectedincremental valuation of the development financing district.
(7) The estimatedduration of the development financing district.
(8) A description of howthe proposed development of the district, both public and private, will benefitthe residents and business owners of the district in terms of jobs, affordablehousing, or services.
(9) A description of theappropriate ameliorative activities which will be undertaken if the proposedprojects have a negative impact on residents or business owners of the districtin terms of jobs, affordable housing, services, or displacement.
(10) A requirement thatthe initial users of any new manufacturing facilities that will be located inthe district and that are included in the plan will comply with the wagerequirements in subsection (d) of this section.
(d) Wage Requirements. A development financing plan shall include a requirement that the initialusers of a new manufacturing facility to be located in the district andincluded in the plan must pay its employees an average weekly manufacturingwage that is either above the average manufacturing wage paid in the county inwhich the district will be located or not less than ten percent (10%) above theaverage weekly manufacturing wage paid in the State. The plan may includeinformation on the wages to be paid by the initial users of a new manufacturingfacility to its employees and any provisions necessary to implement the wagerequirement. The issuing unit's governing body shall not adopt a plan until theSecretary of Commerce certifies that the Secretary has reviewed the averageweekly manufacturing wage required by the plan to be paid to the employees of anew manufacturing facility and has found either (i) that the wages proposed bythe initial users of a new manufacturing facility are in compliance with theamount required by this subsection or (ii) that the plan is exempt from therequirement of this subsection. The Secretary of Commerce may exempt a planfrom the requirement of this subsection if the Secretary receives a resolutionfrom the issuing unit's governing body requesting an exemption from the wagerequirement and a letter from an appropriate State official, selected by theSecretary, finding that unemployment in the county in which the proposeddistrict is to be located is especially severe. Upon the creation of thedistrict, the unit of local government proposing the creation of the districtshall take any lawful actions necessary to require compliance with theapplicable wage requirement by the initial users of any new manufacturingfacility included in the plan; however, failure to take such actions or obtainsuch compliance shall not affect the validity of any proceedings for thecreation of the district, the existence of the district, or the validity of anydebt instruments issued under Article 6 of Chapter 159 of the General Statutes.All findings and determinations made by the Secretary of Commerce under thissubsection shall be binding and conclusive. For purposes of this section, theterm "manufacturing facility" means any facility that is used in themanufacturing or production of tangible personal property, including theprocessing resulting in a change in the condition of the property.
(e) County Review. Beforeadopting a plan for a development financing district, the city council shallsend notice of the plan, by first‑class mail, to the board of countycommissioners of the county or counties in which the development financingdistrict is located. The person mailing the notice shall certify that fact, andthe date thereof, to the city council, and the certificate is conclusive in theabsence of fraud. Unless the board of county commissioners (or either board, ifthe district is in two counties) by resolution disapproves the proposed planwithin 28 days after the date the notice is mailed, the city council mayproceed to adopt the plan.
(f) EnvironmentalReview. Before adopting a plan for development financing districts, the citycouncil shall submit the plan to the Secretary of Environment and NaturalResources to review to determine if the construction and operation of any newmanufacturing facility in the district will have a materially adverse effect onthe environment and whether the company that will operate the facility hasoperated in substantial compliance with federal and State laws, regulations,and rules for the protection of the environment. If the Secretary finds thatthe new manufacturing facility will not have a materially adverse effect on theenvironment and that the company that will operate the facility has operatedother facilities in compliance with environmental requirements, the Secretaryshall approve the plan. In making the determination on environmental impact,the Secretary shall use the same criteria that apply to the determination underG.S. 159C‑7 of whether an industrial project will have a materiallyadverse effect on the environment. The findings of the Secretary are conclusiveand binding.
(g) Plan Adoption. Beforeadopting a plan for a development financing district, the city council shallhold a public hearing on the plan. The council shall, no less than 30 daysbefore the day of hearing, cause notice of the hearing to be mailed by first‑classmail to all property owners and mailing addresses within the proposeddevelopment financing district. The council shall also, no more than 30 daysand no less than 14 days before the day of the hearing, cause notice of thehearing to be published once in a newspaper of general circulation in the city.The notice shall state the time and place of the hearing, shall specify itspurpose, and shall state that a copy of the proposed plan is available forpublic inspection in the office of the city clerk. At the public hearing, thecouncil shall hear anyone who wishes to speak with respect to the proposeddistrict and proposed plan. Unless a board of county commissioners or theSecretary of Environment and Natural Resources has disapproved the planpursuant to subsection (e) or (f) of this section, the council may adopt theplan, with or without amendment, at any time after the public hearing. However,the plan and the district do not become effective until the city's applicationto issue project development financing debt instruments has been approved bythe Local Government Commission, pursuant to Article 6 of Chapter 159 of theGeneral Statutes.
(h) Plan Modification. Subject to the limitations of this subsection, a city council may, after theeffective date of the district, amend a development financing plan adopted fora development financing district. Before making any amendment, the city councilshall follow the procedures and meet the requirements of subsections (d)through (g) of this section. The boundaries of the district may be enlargedonly during the first five years after the effective date of the district andonly if the area to be added has been or is about to be developed and thedevelopment is primarily attributable to development that has occurred withinthe district, as certified by the Local Government Commission. The boundariesof the district may be reduced at any time, but the city may agree with theholders of any project development financing debt instruments to restrict itspower to reduce district boundaries.
(i) PlanImplementation. In implementing a development financing plan, a city may actdirectly, through a redevelopment commission, through one or more contractswith private agencies, or by any combination of these. A private agency thatenters into a contract with a city for the implementation of a development financingplan is subject to the provisions of Article 8 of Chapter 143 of the GeneralStatutes only to the extent specified in the contract. (2003‑403, s. 18; 2005‑238,s. 12; 2006‑211, s. 4.)
(a) Authorization. Acity may finance a redevelopment project and any related public improvementswith the proceeds of project development financing debt instruments, issuedpursuant to Article 6 of Chapter 159 of the General Statutes, together with anyother revenues that are available to the city. Before it receives the approvalof the Local Government Commission for issuance of project developmentfinancing debt instruments, the city's governing body must define a developmentfinancing district and adopt a development financing plan for the district. Thecity may act jointly with a county to finance a project, define a developmentfinancing district, and adopt a development financing plan for the district.
(b) DevelopmentFinancing District. A development financing district shall comprise all orportions of one or more redevelopment areas defined pursuant to this Article.The total land area within development financing districts in a city, includingdevelopment financing districts created pursuant to G.S. 158‑7.3, may notexceed five percent (5%) of the total land area of the city. For purposes ofthis section, land in a district created by a county that subsequently becomespart of a city does not count against the city's five‑percent (5%) limitunless the city and the county have entered into an agreement pursuant to G.S.159‑107(e).
(c) DevelopmentFinancing Plan. The development financing plan must be compatible with theredevelopment plan or plans for the redevelopment area or areas included withinthe district. The development financing plan must include all of the following:
(1) A description of theboundaries of the development financing district.
(2) A description of theproposed development of the district, both public and private.
(3) The costs of theproposed public activities.
(4) The sources andamounts of funds to pay for the proposed public activities.
(5) The base valuationof the development financing district.
(6) The projectedincremental valuation of the development financing district.
(7) The estimatedduration of the development financing district.
(8) A description of howthe proposed development of the district, both public and private, will benefitthe residents and business owners of the district in terms of jobs, affordablehousing, or services.
(9) A description of theappropriate ameliorative activities which will be undertaken if the proposedprojects have a negative impact on residents or business owners of the districtin terms of jobs, affordable housing, services, or displacement.
(10) A requirement thatthe initial users of any new manufacturing facilities that will be located inthe district and that are included in the plan will comply with the wagerequirements in subsection (d) of this section.
(d) Wage Requirements. A development financing plan shall include a requirement that the initialusers of a new manufacturing facility to be located in the district andincluded in the plan must pay its employees an average weekly manufacturingwage that is either above the average manufacturing wage paid in the county inwhich the district will be located or not less than ten percent (10%) above theaverage weekly manufacturing wage paid in the State. The plan may includeinformation on the wages to be paid by the initial users of a new manufacturingfacility to its employees and any provisions necessary to implement the wagerequirement. The issuing unit's governing body shall not adopt a plan until theSecretary of Commerce certifies that the Secretary has reviewed the averageweekly manufacturing wage required by the plan to be paid to the employees of anew manufacturing facility and has found either (i) that the wages proposed bythe initial users of a new manufacturing facility are in compliance with theamount required by this subsection or (ii) that the plan is exempt from therequirement of this subsection. The Secretary of Commerce may exempt a planfrom the requirement of this subsection if the Secretary receives a resolutionfrom the issuing unit's governing body requesting an exemption from the wagerequirement and a letter from an appropriate State official, selected by theSecretary, finding that unemployment in the county in which the proposeddistrict is to be located is especially severe. Upon the creation of thedistrict, the unit of local government proposing the creation of the districtshall take any lawful actions necessary to require compliance with theapplicable wage requirement by the initial users of any new manufacturingfacility included in the plan; however, failure to take such actions or obtainsuch compliance shall not affect the validity of any proceedings for thecreation of the district, the existence of the district, or the validity of anydebt instruments issued under Article 6 of Chapter 159 of the General Statutes.All findings and determinations made by the Secretary of Commerce under thissubsection shall be binding and conclusive. For purposes of this section, theterm "manufacturing facility" means any facility that is used in themanufacturing or production of tangible personal property, including theprocessing resulting in a change in the condition of the property.
(e) County Review. Beforeadopting a plan for a development financing district, the city council shallsend notice of the plan, by first‑class mail, to the board of countycommissioners of the county or counties in which the development financingdistrict is located. The person mailing the notice shall certify that fact, andthe date thereof, to the city council, and the certificate is conclusive in theabsence of fraud. Unless the board of county commissioners (or either board, ifthe district is in two counties) by resolution disapproves the proposed planwithin 28 days after the date the notice is mailed, the city council mayproceed to adopt the plan.
(f) EnvironmentalReview. Before adopting a plan for development financing districts, the citycouncil shall submit the plan to the Secretary of Environment and NaturalResources to review to determine if the construction and operation of any newmanufacturing facility in the district will have a materially adverse effect onthe environment and whether the company that will operate the facility hasoperated in substantial compliance with federal and State laws, regulations,and rules for the protection of the environment. If the Secretary finds thatthe new manufacturing facility will not have a materially adverse effect on theenvironment and that the company that will operate the facility has operatedother facilities in compliance with environmental requirements, the Secretaryshall approve the plan. In making the determination on environmental impact,the Secretary shall use the same criteria that apply to the determination underG.S. 159C‑7 of whether an industrial project will have a materiallyadverse effect on the environment. The findings of the Secretary are conclusiveand binding.
(g) Plan Adoption. Beforeadopting a plan for a development financing district, the city council shallhold a public hearing on the plan. The council shall, no less than 30 daysbefore the day of hearing, cause notice of the hearing to be mailed by first‑classmail to all property owners and mailing addresses within the proposeddevelopment financing district. The council shall also, no more than 30 daysand no less than 14 days before the day of the hearing, cause notice of thehearing to be published once in a newspaper of general circulation in the city.The notice shall state the time and place of the hearing, shall specify itspurpose, and shall state that a copy of the proposed plan is available forpublic inspection in the office of the city clerk. At the public hearing, thecouncil shall hear anyone who wishes to speak with respect to the proposeddistrict and proposed plan. Unless a board of county commissioners or theSecretary of Environment and Natural Resources has disapproved the planpursuant to subsection (e) or (f) of this section, the council may adopt theplan, with or without amendment, at any time after the public hearing. However,the plan and the district do not become effective until the city's applicationto issue project development financing debt instruments has been approved bythe Local Government Commission, pursuant to Article 6 of Chapter 159 of theGeneral Statutes.
(h) Plan Modification. Subject to the limitations of this subsection, a city council may, after theeffective date of the district, amend a development financing plan adopted fora development financing district. Before making any amendment, the city councilshall follow the procedures and meet the requirements of subsections (d)through (g) of this section. The boundaries of the district may be enlargedonly during the first five years after the effective date of the district andonly if the area to be added has been or is about to be developed and thedevelopment is primarily attributable to development that has occurred withinthe district, as certified by the Local Government Commission. The boundariesof the district may be reduced at any time, but the city may agree with theholders of any project development financing debt instruments to restrict itspower to reduce district boundaries.
(i) PlanImplementation. In implementing a development financing plan, a city may actdirectly, through a redevelopment commission, through one or more contractswith private agencies, or by any combination of these. A private agency thatenters into a contract with a city for the implementation of a development financingplan is subject to the provisions of Article 8 of Chapter 143 of the GeneralStatutes only to the extent specified in the contract. (2003‑403, s. 18; 2005‑238,s. 12; 2006‑211, s. 4.)
(a) Authorization. Acity may finance a redevelopment project and any related public improvementswith the proceeds of project development financing debt instruments, issuedpursuant to Article 6 of Chapter 159 of the General Statutes, together with anyother revenues that are available to the city. Before it receives the approvalof the Local Government Commission for issuance of project developmentfinancing debt instruments, the city's governing body must define a developmentfinancing district and adopt a development financing plan for the district. Thecity may act jointly with a county to finance a project, define a developmentfinancing district, and adopt a development financing plan for the district.
(b) DevelopmentFinancing District. A development financing district shall comprise all orportions of one or more redevelopment areas defined pursuant to this Article.The total land area within development financing districts in a city, includingdevelopment financing districts created pursuant to G.S. 158‑7.3, may notexceed five percent (5%) of the total land area of the city. For purposes ofthis section, land in a district created by a county that subsequently becomespart of a city does not count against the city's five‑percent (5%) limitunless the city and the county have entered into an agreement pursuant to G.S.159‑107(e).
(c) DevelopmentFinancing Plan. The development financing plan must be compatible with theredevelopment plan or plans for the redevelopment area or areas included withinthe district. The development financing plan must include all of the following:
(1) A description of theboundaries of the development financing district.
(2) A description of theproposed development of the district, both public and private.
(3) The costs of theproposed public activities.
(4) The sources andamounts of funds to pay for the proposed public activities.
(5) The base valuationof the development financing district.
(6) The projectedincremental valuation of the development financing district.
(7) The estimatedduration of the development financing district.
(8) A description of howthe proposed development of the district, both public and private, will benefitthe residents and business owners of the district in terms of jobs, affordablehousing, or services.
(9) A description of theappropriate ameliorative activities which will be undertaken if the proposedprojects have a negative impact on residents or business owners of the districtin terms of jobs, affordable housing, services, or displacement.
(10) A requirement thatthe initial users of any new manufacturing facilities that will be located inthe district and that are included in the plan will comply with the wagerequirements in subsection (d) of this section.
(d) Wage Requirements. A development financing plan shall include a requirement that the initialusers of a new manufacturing facility to be located in the district andincluded in the plan must pay its employees an average weekly manufacturingwage that is either above the average manufacturing wage paid in the county inwhich the district will be located or not less than ten percent (10%) above theaverage weekly manufacturing wage paid in the State. The plan may includeinformation on the wages to be paid by the initial users of a new manufacturingfacility to its employees and any provisions necessary to implement the wagerequirement. The issuing unit's governing body shall not adopt a plan until theSecretary of Commerce certifies that the Secretary has reviewed the averageweekly manufacturing wage required by the plan to be paid to the employees of anew manufacturing facility and has found either (i) that the wages proposed bythe initial users of a new manufacturing facility are in compliance with theamount required by this subsection or (ii) that the plan is exempt from therequirement of this subsection. The Secretary of Commerce may exempt a planfrom the requirement of this subsection if the Secretary receives a resolutionfrom the issuing unit's governing body requesting an exemption from the wagerequirement and a letter from an appropriate State official, selected by theSecretary, finding that unemployment in the county in which the proposeddistrict is to be located is especially severe. Upon the creation of thedistrict, the unit of local government proposing the creation of the districtshall take any lawful actions necessary to require compliance with theapplicable wage requirement by the initial users of any new manufacturingfacility included in the plan; however, failure to take such actions or obtainsuch compliance shall not affect the validity of any proceedings for thecreation of the district, the existence of the district, or the validity of anydebt instruments issued under Article 6 of Chapter 159 of the General Statutes.All findings and determinations made by the Secretary of Commerce under thissubsection shall be binding and conclusive. For purposes of this section, theterm "manufacturing facility" means any facility that is used in themanufacturing or production of tangible personal property, including theprocessing resulting in a change in the condition of the property.
(e) County Review. Beforeadopting a plan for a development financing district, the city council shallsend notice of the plan, by first‑class mail, to the board of countycommissioners of the county or counties in which the development financingdistrict is located. The person mailing the notice shall certify that fact, andthe date thereof, to the city council, and the certificate is conclusive in theabsence of fraud. Unless the board of county commissioners (or either board, ifthe district is in two counties) by resolution disapproves the proposed planwithin 28 days after the date the notice is mailed, the city council mayproceed to adopt the plan.
(f) EnvironmentalReview. Before adopting a plan for development financing districts, the citycouncil shall submit the plan to the Secretary of Environment and NaturalResources to review to determine if the construction and operation of any newmanufacturing facility in the district will have a materially adverse effect onthe environment and whether the company that will operate the facility hasoperated in substantial compliance with federal and State laws, regulations,and rules for the protection of the environment. If the Secretary finds thatthe new manufacturing facility will not have a materially adverse effect on theenvironment and that the company that will operate the facility has operatedother facilities in compliance with environmental requirements, the Secretaryshall approve the plan. In making the determination on environmental impact,the Secretary shall use the same criteria that apply to the determination underG.S. 159C‑7 of whether an industrial project will have a materiallyadverse effect on the environment. The findings of the Secretary are conclusiveand binding.
(g) Plan Adoption. Beforeadopting a plan for a development financing district, the city council shallhold a public hearing on the plan. The council shall, no less than 30 daysbefore the day of hearing, cause notice of the hearing to be mailed by first‑classmail to all property owners and mailing addresses within the proposeddevelopment financing district. The council shall also, no more than 30 daysand no less than 14 days before the day of the hearing, cause notice of thehearing to be published once in a newspaper of general circulation in the city.The notice shall state the time and place of the hearing, shall specify itspurpose, and shall state that a copy of the proposed plan is available forpublic inspection in the office of the city clerk. At the public hearing, thecouncil shall hear anyone who wishes to speak with respect to the proposeddistrict and proposed plan. Unless a board of county commissioners or theSecretary of Environment and Natural Resources has disapproved the planpursuant to subsection (e) or (f) of this section, the council may adopt theplan, with or without amendment, at any time after the public hearing. However,the plan and the district do not become effective until the city's applicationto issue project development financing debt instruments has been approved bythe Local Government Commission, pursuant to Article 6 of Chapter 159 of theGeneral Statutes.
(h) Plan Modification. Subject to the limitations of this subsection, a city council may, after theeffective date of the district, amend a development financing plan adopted fora development financing district. Before making any amendment, the city councilshall follow the procedures and meet the requirements of subsections (d)through (g) of this section. The boundaries of the district may be enlargedonly during the first five years after the effective date of the district andonly if the area to be added has been or is about to be developed and thedevelopment is primarily attributable to development that has occurred withinthe district, as certified by the Local Government Commission. The boundariesof the district may be reduced at any time, but the city may agree with theholders of any project development financing debt instruments to restrict itspower to reduce district boundaries.
(i) PlanImplementation. In implementing a development financing plan, a city may actdirectly, through a redevelopment commission, through one or more contractswith private agencies, or by any combination of these. A private agency thatenters into a contract with a city for the implementation of a development financingplan is subject to the provisions of Article 8 of Chapter 143 of the GeneralStatutes only to the extent specified in the contract. (2003‑403, s. 18; 2005‑238,s. 12; 2006‑211, s. 4.)
