§ 105-129.3A. (See note for repeal) Development zone designation. - North Carolina Statutes

§ 105‑129.3A.  (See notefor repeal) Development zone designation.

(a)        Development ZoneDefined. – A development zone is an area comprised of either an economicdevelopment and training district as defined by G.S. 153A‑317.12 or oneor more contiguous census tracts, census block groups, or both in the mostrecent federal decennial census that meets all of the following conditions:

(1)        Every census tractand census block group in the zone is located in whole or in part within theprimary corporate limits of a city with a population of more than 5,000according to the most recent annual population estimates certified by the StateBudget Officer.

(2)        It has a populationof 1,000 or more according to the most recent annual population estimatescertified by the State Budget Officer.

(3)        More than twentypercent (20%) of its population is below the poverty level according to themost recent federal decennial census.

(4)        Every census tractand census block group in the zone meets at least one of the following conditions:

a.         More than tenpercent (10%) of its population is below the poverty level according to themost recent federal decennial census.

b.         It is immediatelyadjacent to another census tract or census block group that is in the same zoneand has more than twenty percent (20%) of its population below the povertylevel according to the most recent federal decennial census.

(5)        None of the censustracts or census block groups in the zone is located in another developmentzone designated by the Secretary of Commerce.

(b)        Designation. – Uponrequest of a taxpayer or a local government, the Secretary of Commerce shalldesignate whether an area is a development zone that meets the conditions ofsubsection (a) of this section. If the applicant is a taxpayer, it must notifyeach city in which part of the zone is located. A development zone designationis effective for 24 months following the designation. The Department ofCommerce must publish annually a list of all development zones with adescription of their boundaries.

(c)        Relationship WithEnterprise Tiers. – For the purpose of the wage standard requirement of G.S.105‑129.4, the credit for investing in machinery and equipment allowed inG.S. 105‑129.9, and the credit for worker training allowed in G.S. 105‑129.11,a development zone is considered an enterprise tier one area. For all otherpurposes, a development zone has the same enterprise tier designation as thecounty in which it is located.

(d)        Parcel of PropertyPartially in a Development Zone. – For the purposes of this section, a parcelof property that is located partially within a development zone is consideredentirely within the development zone if all of the following conditions aresatisfied:

(1)        At least fiftypercent (50%) of the parcel is located within the development zone.

(2)        The parcel was inexistence and under common ownership prior to the most recent federal decennialcensus.

(3)        The parcel is aportion of land made up of one or more tracts or tax parcels of land that issurrounded by a continuous perimeter boundary. (1998‑55, s. 1; 1999‑360, ss. 1, 2; 2001‑414,s. 6; 2001‑476, s. 4(a); 2002‑172, s. 1.4; 2003‑416, s. 2;2004‑203, s. 5(f); 2006‑66, s. 24.5(a).)