§ 11-54B-84 — Requirements of a Request for the Creation of a Self-Help Business Improvement District

A request for the creation of a self-help business improvement district shall contain all of the following:
(1) In the case of a district formed to promote economic growth within the municipality, the signatures of the owners of real property comprising at least 60 percent of the total fair market value of all real property located within the proposed district and the signatures of owners owning at least 50 percent of parcels of real property within the proposed district or, in the case of a district formed to increase tourism, the signatures of the owners or operators of the businesses in a particular class who would pay at least 60 percent of the total amount of the self-help improvement district special assessment to be levied and the signatures of the owners of at least 50 percent of the number of the businesses in a particular class located within the proposed district, in accordance with the following requirements:
a. There shall be no requirement that the real property or the businesses in a particular class located within the area of a district be contiguous, as long as there is an accurate description of the proposed district, whether by lot and block numbers, by street addresses, or by metes and bounds.
b. The county property tax records of the assessor or revenue commissioner shall determine ownership of real property and the fair market value for a district proposed to promote economic development.
c. When record title to real property is vested in a public corporation or authority under a bond financing plan provided for by law, the beneficial user of the real property in which title may ultimately be vested by purchase shall be deemed to be the owner of the real property for a district proposed to promote economic development.
d. In the case of a district formed to increase tourism, the municipality’s records shall determine the ownership of the businesses in a particular class.
(2) Copies of the self-help business improvement district plan, which shall include all of the following:
a. A description of the supplemental services to be provided to the district members with an explanation of how the services promote economic development or increase tourism.
b. A budget outlining the annual cost of the supplemental services described in paragraph a.
c. A description of the method that will be used to determine the amount of the special assessment to be levied on the district members to finance the supplemental services described in paragraph a., including all of the following:
1. A description of how the methodology equitably apportions the burden of the special assessment among the district members.
2. In the case of a district to promote economic growth, a list, by lot and block numbers or by street addresses, of all real properties whose owners will benefit from and pay the special assessment, including all of the following:
(i) A clear presentation of any different classes of real property to be levied at different rates based on the fair market value or land use as reflected in the county tax records of the assessor or revenue commissioner, or based on another methodology.
(ii) Any exemptions from, or reductions to, the special assessment based on the benefit to the district member.
d. The number of years, not to exceed five years, that the special assessment described in paragraph c. shall be levied.
e. Copies of the articles of incorporation and bylaws of the district management corporation designated by the plan to provide the administrative and other services to the district.

Legislative History

(Act 2023-253, §1.)