NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 722

SENATE BILL 309

 

 

AN ACT TO AMEND CHAPTER 158 OF THE GENERAL STATUTES TO AUTHORIZE THE ESTABLISHMENT OF ECONOMIC DEVELOPMENT COMMISSIONS, AND TO AMEND CHAPTER 153 TO AUTHORIZE THE ESTABLISHMENT OF REGIONAL PLANNING COMMISSIONS, BY POLITICAL SUBDIVISIONS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 158 of the General Statutes of North Carolina is amended by designating Sections 158‑1 through 158‑7 as Article 1.

Sec. 2.  Chapter 158 of the General Statutes is further amended by adding a new Article, to be designated as Article 2, and to read as follows:

"Article 2

"Economic Development Commissions

"G.S. 158‑8.  Creation of Economic Development Commissions. The governing body of any municipality or the board of county commissioners of any county may by resolution create an Economic Development Commission for said municipality or county. The governing bodies of any two or more municipalities and/or counties may by joint resolution, adopted by separate vote of each governing body concerned, create a Regional Economic Development Commission. A municipal or county Economic Development Commission shall consist of from three to nine members, named for terms and compensation (if any) fixed by its respective governing body. The membership, compensation (if any), and terms of a Regional Economic Development Commission, and the formula for its financial support, shall be fixed by the joint resolution creating the Commission. Additional governmental units may join a Regional Commission with the consent of all existing members. Any governmental unit may withdraw from a Regional Commission on two years' notice to the other members. The resolution creating a municipal, county, or regional Economic Development Commission may be modified, amended, or repealed in the same manner as it was originally adopted.

"G.S. 158‑9.  Organization of the Commission. Upon its appointment, the Economic Development Commission shall promptly meet and elect from among its members a chairman and such other officers as it may choose, for such terms as it shall prescribe in its rules and regulations. The Commission shall adopt such rules and regulations not inconsistent herewith as it may deem necessary for the proper discharge of its duties. The chairman may appoint such committees as the work of the Commission may require. The Commission shall meet regularly, at least once every three months, at places and dates specified in the rules. Special meetings may be called as specified in the rules.

"G.S. 158‑10.  Staff. Within the limits of appropriated funds, the Commission may hire and fix the compensation of any personnel necessary to its operations, contract with consultants for such services as it may require, and contract with the State of North Carolina or the Federal Government, or any agency or department thereof, for such services as may be provided by such agencies; and it is hereby empowered to carry out the provisions of such contracts as it may enter.

"G.S. 158‑11.  Office and equipment. Within the limits of appropriated funds, the Commission may lease, rent, or purchase, or otherwise obtain suitable quarters and office space for its staff, and may lease, rent, or purchase necessary furniture, fixtures, and other equipment.

"G.S. 158‑12.  Fiscal affairs. The Commission may accept, receive, and disburse in furtherance of its functions any funds, grants, and services made available by the Federal Government and its agencies, the State government and its agencies, any municipalities or counties, and by private and civic sources.

"Each municipality or county shall have authority to appropriate funds to any local or regional Economic Development Commission which it may have created, out of surplus funds or funds derived from nontax sources. In addition, it may appropriate any funds to such Commission which shall be derived from taxes levied pursuant to Article 1 of this Chapter or pursuant to any general, special or local Act granting authority for an industrial development or economic development tax. Such expenditures shall constitute a special purpose in addition to any allowed by the Constitution.

"All expenditures by any Economic Development Commission shall be made pursuant to a budget submitted to and approved by the appropriate governing body or bodies of the local governmental unit or units concerned. Each such Commission shall annually provide the appropriate governing body or bodies with an audit of its receipts and expenditures, made by a certified public accountant, or it shall at the direction of the governing body make its records available to the unit's regular auditing accountant for such audit. The governing body or bodies concerned may impose such additional requirements governing the Commission's fiscal affairs as they may deem necessary.

"G.S. 158‑13.  Powers and duties. Any Economic Development Commission created pursuant to this Article shall:

(1)        Receive from any municipal, county, joint, or regional planning board or commission with jurisdiction within its area an economic development program for part or all of the area;

(2)        Formulate projects for carrying out such economic development program, through attraction of new industries, encouragement of existing industries, encouragement of agricultural development, encouragement of new business and industrial ventures by local as well as foreign capital, and other activities of a similar nature;

(3)        Conduct industrial surveys as needed, advertise in periodicals or other communications media, furnish advice and assistance to business and industrial prospects which may locate in its area, furnish advice and assistance to existing businesses and industries, furnish advice and assistance to persons seeking to establish new businesses or industries, and engage in related activities:

(4)        Encourage the formation of private business development corporations or associations which may carry out such projects as securing and preparing sites for industrial development, constructing industrial buildings, or rendering financial or managerial assistance to businesses and industries; furnish advice and assistance to such corporations or associations;

(5)        Carry on such other activities as may be necessary in the proper exercise of the functions described herein.

"G.S. 158‑14.  Regional Planning and Economic Development Commissions Authorized. Any municipalities and/or counties desiring to exercise the powers granted by this Article may, at their option, create a Regional Planning and Economic Development Commission, which shall have and exercise all of the powers and duties granted to a Regional Economic Development Commission under this Article and in addition the powers and duties granted to a Regional Planning Commission under Article 22 of Chapter 153. In the event that such a combined Commission is created, it shall keep separate books of accounts for appropriations and expenditures made pursuant to this Article and for appropriations and expenditures made pursuant to Article 22 of Chapter 153. The financial limitations set forth in each such Article shall govern expenditures made pursuant to such Article.

"G.S. 158‑15.  Powers granted herein supplementary. The powers granted to counties and municipalities by this Article shall be deemed supplementary to any powers heretofore or hereafter granted by any general or local Act for the same or similar purposes, and in any case where the provisions of this Article conflict with or are different from the provisions of any other Act, the board of county commissioners or the municipal governing board may in its discretion proceed in accordance with the provisions of this Article or, as an alternative method, in accordance with the provisions of such other Act."

Sec. 3.  Chapter 153 of the General Statutes is hereby amended by adding a new Article at the end thereof, to be designated as Article 22 and to read as follows:

"Article 22

"Regional Planning Commissions

"G.S. 153‑272.  Creation of Regional Planning Commissions authorized. Any two or more municipalities and/or counties may, by agreement of their respective governing bodies, create a Regional Planning Commission to have and exercise the powers and duties herein granted. Such creation shall be through the adoption by each governing body concerned, acting individually, of a joint resolution. Said resolution shall provide the membership of the Commission, the terms of the members, procedures for removing or replacing members, the compensation (if any) and extent of reimbursement of expenses of members, the method for determining the financial support to be given the Commission by each governmental unit concerned, and the budgetary procedures to be followed. Said resolution may be modified, amended, or repealed at any time through unanimous action of the governmental units concerned. Any individual governmental unit may withdraw from the Regional Planning Commission after giving two years' notice to the other units concerned. Any municipality or county may join a Regional Planning Commission at any time with the concurrence of the other units concerned.

"G.S. 153‑273.  Organization of the Commission. Upon its creation, the Commission shall meet at a time and place agreed upon by the governing boards concerned. It shall elect from among its members a chairman and such other officers as it may choose, for such terms as it may prescribe in its rules and regulations. The Commission shall adopt such rules and regulations not inconsistent herewith as it may deem necessary for the proper discharge of its duties. The chairman may appoint such committees as may be authorized by the Commission's rules and regulations. The Commission shall meet regularly at such times and places as may be specified in its rules and regulations, and special meetings may be called pursuant to such rules. All meetings shall be open to the public.

"G.S. 153‑274.  Staff. Within the limits of appropriated funds, the Commission may:

(1)        Hire and fix the compensation of a planning director (who shall preferably be qualified by training and experience in city, regional, or State planning) and such other employees and staff as it may deem necessary for its work;

(2)        Contract with planners and other experts for such services as it may require;

(3)        Contract with the State of North Carolina or the Federal Government, or any agency or department thereof, for such services as may be provided by such agencies, and carry out the provisions of such contracts.

"G.S. 153‑275.  Fiscal affairs. The Commission may accept, receive, and disburse in furtherance of its functions any funds, grants, and services made available by the Federal Government and its agencies, the State government and its agencies, any municipalities or counties, and by private and civic sources. All fiscal procedures shall be in accordance with the resolution adopted for its creation. The Commission shall prepare each year a report of its activities, including a financial statement, and this report shall be distributed to all member municipalities and counties.

"Each municipality and county having membership on the Commission shall have authority to appropriate funds to the Commission and may also levy annually taxes for the payment of such appropriation as a special purpose, in addition to any allowed by the Constitution.

"G.S. 153‑276.  Powers and duties. Any Regional Planning Commission formed pursuant to this Article shall:

(1)        Prepare and from time to time revise, amend, extend or add to a plan or plans for the development of the region, which plan or plans collectively shall be known as the regional development plan. Such plan shall be based on studies of physical, social, economic and governmental conditions and trends and shall aim at the coordinated development of the region in order to promote the general welfare and prosperity of its people. In preparing the regional development plan, the Commission shall take account of and shall seek to harmonize the planning activities of Federal, State, county, municipal, or other local or private agencies within the area. In preparing such plan, or any part thereof, and in preparing, from time to time, revisions, amendments, extensions or additions, the Commission may seek the cooperation and advice of appropriate departments, agencies and instrumentalities of Federal, State and local governments, of other regional planning commissions, educational institutions and research organizations, whether public or private, and of civic groups and private persons and organizations. The regional development plan shall embody the policy recommendations of the Commission in regard to the physical and economic development of the region and shall contain:

(a)        A statement of the objectives, standards, and principles sought to be expressed in the regional development plan;

(b)        Recommendations for the most desirable pattern of land use within the region in the light of the best available information concerning topography, climate, soil and underground conditions, water courses and bodies of water, and other natural or environmental factors, as well as in the light of the best available information concerning the present and prospective economic bases of the region, trends of industrial, population, or other developments, the habits and standards of life of the people of the region, and the relation of land use within the region to land use in adjoining areas. Such recommendations shall, insofar as appropriate, indicate areas for residential uses and maximum recommended densities therein; areas for farming and forestry, mining and other extractive industries; areas for manufacturing and industrial uses, with classification of such areas in accordance with their compatibility with land use in adjoining areas; areas for the concentration of wholesale, retail, business, and other commercial uses; areas for recreational uses, and for open spaces, and areas for mixed uses;

(c)        The circulation pattern recommended for the region, including routes and terminals of transit, transportation and communication facilities, whether used for movement within the region or for movement from and to adjoining areas;

(d)        Recommendations concerning the need for and the proposed general location of public and private works and facilities, such as utilities, flood control works, water reservoirs and pollution control facilities, military or defense installations, which works or facilities, by reason of their function, size, extent or for any other causes are of regional as distinguished from purely local concern, or which for any other cause are appropriate subjects for inclusion in the regional development plan;

(e)        An economic development program for the region, including but not limited to individual projects to further the prosperity of various areas within the region;

(f)         Such other recommendations of the Commission concerning current and impending problems as may affect the region as a whole;

(2)        Make or assist in studies and investigations, insofar as may be relevant to regional planning, of the resources of the region and of existing and emerging problems of agriculture, industry, commerce, transportation, population, housing, public service, local government and of allied matters affecting the development of the region, and in making such studies to seek the cooperation and collaboration of appropriate departments, agencies and instrumentalities of Federal, State and local governments, educational institutions and research organizations, whether public or private, and of civic groups and private persons and organizations;

(3)        Prepare and from time to time revise inventory listings of the region's natural resources, and of major public and private works and facilities of all kinds which are deemed of importance to the development of the region as a whole;

(4)        Cooperate with, and provide planning assistance, including but not limited to surveys, land use studies, urban renewal plans, technical services and other planning work, to county, municipal or other local governments, instrumentalities or planning agencies; coordinate its planning activities with the planning activities of the State, and of the counties, municipalities, or other local units within its region, and cooperate with and assist departments and other agencies or instrumentalities of Federal, State and local government as well as other regional planning commissions in the execution of their planning functions with a view to harmonizing their planning activities with the regional development plan. Copies of all studies and plans developed by the Commission shall be furnished to the Governor, for distribution to appropriate State agencies. The Commission shall also cooperate and confer with, and upon request supply information to, Federal agencies, and to local or regional agencies created pursuant to a Federal program or which receive Federal support, and shall cooperate and confer, as far as possible, with planning agencies of other states or of regional groups of states adjoining its area. Whenever cooperation or assistance under this subdivision includes the rendering of technical services, such services may be rendered free or in accordance with an agreement for reimbursement;

(5)        Advise and supply information, as far as available, to civic groups and private persons and organizations who may request such information or advice, and who study or otherwise concern themselves with the region's problems and development in the fields of agriculture, business and industry, labor, natural resources, urban growth, housing and public service activities such as public health and education, insofar as such problems and development may be relevant to regional planning;

(6)        Encourage the formation of economic development commissions by the various governmental units in the region and of private business development corporations, to the extent that such agencies are deemed necessary to carrying out its economic development program;

(7)        Grant approval, as may be required by any Federal legislation, of any governmental or private development projects which are in accordance with its economic development program, so as to qualify such projects for financial assistance from the Federal Government;

(8)        Provide information to officials of departments, agencies and instrumentalities of State and local governments, and to the public at large, in order to foster public awareness and understanding of the objectives of the regional development plan and the functions of regional and local planning, and in order to stimulate public interest and participation in the orderly, integrated development of the region;

(9)        Hold public or private hearings and sponsor public forums in any part of its area whenever it deems them necessary or useful in the execution of its other functions;

(10)      Create one or more Citizens Advisory Committees to assist it in the performance of its functions;

(11)      Cooperate, in the exercise of its planning functions, with Federal and State agencies in planning for civil defense;

(12)      Exercise all other powers necessary and proper for the discharge of its duties.

"G.S. 153‑277.  Cooperation by Local Governments and Planning Agencies. To facilitate effective and harmonious planning of the region, all county and municipal legislative bodies in the region, and all county and municipal or other local planning agencies in the region, shall file with the Commission, for its information, all county and municipal plans, zoning ordinances, official maps, building codes, subdivision regulations, or amendments or revisions of any of them, as well as copies of their regular and special reports dealing in whole or in part with planning matters. County or municipal legislative bodies, or county, municipal, or other local planning agencies, may also submit proposals for such plans, ordinances, maps, codes, regulations, amendments, or revisions prior to their adoption, in order to afford an opportunity to the Commission or its staff to study such proposals and render its advice thereon.

"G.S. 153‑278.  Regional Planning and Economic Development Commissions Authorized. Any municipalities and/or counties desiring to exercise the powers granted by this Article may, at their option, create a Regional Planning and Economic Development Commission, which shall have and exercise all of the powers and duties granted to a Regional Planning Commission under this Article and in addition the powers and duties granted to an Economic Development Commission under Article 2 of Chapter 158. In the event that such a combined Commission is created, it shall keep separate books of accounts for appropriations and expenditures made pursuant to this Article and for appropriations and expenditures made pursuant to Article 2 of Chapter 158. The financial limitations set forth in each such Article shall govern expenditures made pursuant to such Article.

"G.S. 153‑279.  Powers granted supplementary. The powers granted to municipalities and counties by this Article shall be deemed supplementary to any powers heretofore or hereafter granted by any general or local Act for the same or similar purposes, and in any case where the provisions of this Article conflict with or are different from the provisions of any other Act, the governing body of the unit or units concerned may, in its discretion, proceed in accordance with the provisions of this Article or, as an alternative method, in accordance with the provisions of such other Act."

Sec. 4.  Should any Section, clause, or provision of this Act be declared by the courts to be unconstitutional or invalid for any reason such decision shall not affect the validity of the Act as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

Sec. 5.  All laws and clauses of laws in conflict herewith, except as indicated in G.S. 158‑15 and 153‑279 of the Articles added by this Act, are hereby repealed to the extent of such conflict.

Sec. 6.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 13th day of June, 1961.