§ 143B-437.08. Development tier designation. - North Carolina Statutes

§ 143B‑437.08. Development tier designation.

(a)        Tiers Defined. – Adevelopment tier one area is a county whose annual ranking is one of the 40highest in the State. A development tier two area is a county whose annualranking is one of the next 40 highest in the State. A development tier threearea is a county that is not in a lower‑numbered development tier.

(b)        Development Factor.– Each year, on or before November 30, the Secretary of Commerce shall assignto each county in the State a development factor that is the sum of thefollowing:

(1)        The county's rank ina ranking of counties by average rate of unemployment from lowest to highest,for the most recent 12 months for which data are available.

(2)        The county's rank ina ranking of counties by median household income from highest to lowest, forthe most recent 12 months for which data are available.

(3)        The county's rank ina ranking of counties by percentage growth in population from highest tolowest, for the most recent 36 months for which data are available.

(4)        The county's rank ina ranking of counties by adjusted assessed property value per capita aspublished by the Department of Public Instruction, from highest to lowest, forthe most recent taxable year.

(c)        Annual Ranking. – Aftercomputing the development factor as provided in this section and making theadjustments required in this section, the Secretary of Commerce shall rank allthe counties within the State according to their development factor fromhighest to lowest. The Secretary shall then identify all the areas of the Stateby development tier and publish this information. A development tierdesignation is effective only for the calendar year following the designation.

(d)        Data. – Inmeasuring rates of unemployment and median household income, the Secretaryshall use the latest available data published by a State or federal agencygenerally recognized as having expertise concerning the data. In measuringpopulation and population growth, the Secretary shall use the most recentestimates of population certified by the State Budget Officer. For the purposesof this section, population statistics do not include people incarcerated infederal or State prisons.

(e)        Adjustment forCertain Small Counties. – Regardless of the actual development factor, anycounty that has a population of less than 12,000 shall automatically be rankedone of the 40 highest counties, any county that has a population of less than50,000 shall automatically be ranked one of the 80 highest counties, and anycounty that has a population of less than 50,000 and more than nineteen percent(19%) of its population below the federal poverty level according to the mostrecent federal decennial census shall automatically be ranked one of the 40highest counties.

(f)         Adjustment forDevelopment Tier One Areas. – Regardless of the actual development factor, acounty designated as a development tier one area shall automatically be rankedone of the 40 highest counties until it has been a development tier one areafor at least two consecutive years.

(g)        (Effective untilJuly 1, 2012) Exception for Two‑County Industrial Park. – An eligibletwo‑county industrial park has the lower development tier designation ofthe designations of the two counties in which it is located if it meets all ofthe following conditions:

(1)        It is located in twocontiguous counties, one of which has a lower development tier designation thanthe other.

(2)        At least one‑fifthof the park is located in the county with the lower tier designation.

(3)        It is owned by thetwo counties or a joint agency of the counties, is under contractual control ofdesignated agencies working on behalf of both counties, or is subject to adevelopment agreement between both counties and third‑party owners.

(4)        The county with thelower tier designation contributed at least the lesser of one‑half of thecost of developing the park or a proportion of the cost of developing the parkequal to the proportion of land in the park located in the county with thelower tier designation.

(5)        For parksestablished on or after August 1, 2009, when more than one‑half of thepark is located in the higher‑tiered county, the counties have enteredinto an interlocal agreement that provides that the incremental increase inproperty tax revenues within the park shall be shared equally by the counties.

(g)        (Effective July1, 2012) Exception for Two‑County Industrial Park. – An eligible two‑countyindustrial park has the lower development tier designation of the designationsof the two counties in which it is located if it meets all of the followingconditions:

(1)        It is located in twocontiguous counties, one of which has a lower development tier designation thanthe other.

(2)        At least one‑thirdof the park is located in the county with the lower tier designation.

(3)        It is owned by thetwo counties or a joint agency of the counties, is under contractual control ofdesignated agencies working on behalf of both counties, or is subject to adevelopment agreement between both counties and third‑party owners.

(4)        The county with thelower tier designation contributed at least the lesser of one‑half of thecost of developing the park or a proportion of the cost of developing the parkequal to the proportion of land in the park located in the county with the lowertier designation.

(5)        Expired, effectiveJuly 1, 2012, pursuant to Session Laws 2009‑505, s. 2.

(h)        Exception forCertain Multijurisdictional Industrial Parks. – An eligible industrial parkcreated by interlocal agreement under G.S. 158‑7.4, and parcels of landlocated within the industrial park that are subsequently transferred and usedfor industrial or commercial purposes authorized for cities and counties underG.S. 158‑7.1,  have the lowest development tier designation of thedesignations of the counties in which they are located if all of the followingconditions are satisfied:

(1)        The industrial parkis located, at one or more sites, in three or more contiguous counties.

(2)        At least one of thecounties in which the industrial park is located is a development tier onearea.

(3)        The industrial parkis owned by three or more units of local government or a nonprofit corporationowned or controlled by three or more units of local government.

(4)        In each county inwhich the industrial park is located, the park has at least 250 developableacres. A transfer of acreage that reduces the number of developable acres below250 developable acres in a county does not affect an industrial park'seligibility under this subsection if the transfer is to an owner who uses ordevelops the acreage for industrial or commercial purposes authorized forcities and counties under G.S. 158‑7.1. For the purposes of thissubdivision, "developable acres" includes acreage that is owneddirectly by the industrial park or its owners or that is the subject of adevelopment agreement between the industrial park or its owners and a third‑partyowner.

(5)        The total populationof all of the counties in which the industrial park is located is less than200,000.

(6)        In each county inwhich the industrial park is located, at least sixteen and eight‑tenthspercent (16.8%) of the population was Medicaid eligible for the 2003‑2004fiscal year based on 2003 population estimates.

(i)         (Expires July1, 2012) Exception for Seafood Industrial Parks. – A seafood industrialpark created under Article 23C of Chapter 113 of the General Statutes has adevelopment tier one designation.  (2006‑252, s. 1.2; 2008‑147, s. 1; 2009‑505,s. 1; 2009‑524, s. 1.)