This text of Indiana § 36-7-13-12.3 (Designation of districts after 2010; requirements) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
3.
(a)Notwithstanding any other provision
of this chapter, the designation of any district after December 31, 2010,
is subject to the requirements of this section.
(b)An advisory commission on industrial development may not
designate a district under section 12 or 12.1 of this chapter unless the
advisory commission makes the following findings of fact:
(1)That the county or municipality applying for the designation
satisfies each of the following requirements:
(A)That, as reported by the Indiana Real Estate Markets
Report, the average selling price of homes located in the county
or municipality has declined by at least fourteen percent (14%)
over a one (1) year period occurring within the four (4) calendar
years preceding the calendar year in which the application of
the county or muni
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3. (a) Notwithstanding any other provision
of this chapter, the designation of any district after December 31, 2010,
is subject to the requirements of this section.
(b) An advisory commission on industrial development may not
designate a district under section 12 or 12.1 of this chapter unless the
advisory commission makes the following findings of fact:
(1) That the county or municipality applying for the designation
satisfies each of the following requirements:
(A) That, as reported by the Indiana Real Estate Markets
Report, the average selling price of homes located in the county
or municipality has declined by at least fourteen percent (14%)
over a one (1) year period occurring within the four (4) calendar
years preceding the calendar year in which the application of
the county or municipality is filed with the advisory
commission on industrial development.
(B) That, as reported by the Indiana department of workforce
development, the unemployment rate of the county or
municipality was at least ten and four-tenths percent (10.4%)
for any calendar month occurring in the calendar year preceding
the calendar year in which the application of the county or
municipality is filed with the advisory commission on industrial
development.
(2) That the proposed district contains a site that is suitable for
revitalization under this chapter and satisfies the following
requirements:
(A) The site contains a vacated industrial building consisting of
at least one million three hundred thousand (1,300,000) square
feet of space.
(B) The vacated industrial building described by clause (A)
contains at least eighty thousand (80,000) square feet of office
space.
(C) The site contains a reinforced concrete pad suitable for
expanding the vacated industrial building by at least two
hundred thousand (200,000) square feet.
(D) The site is serviced by a water treatment facility capable of
treating all of the effluent discharged from the site.
(E) The site consists of at least one hundred twenty (120) acres
of land.
(c) The legislative body of a county or municipality may not adopt
an ordinance designating a district under section 10.5 of this chapter
unless the legislative body makes the following findings of fact:
(1) That the county or municipality governed by the legislative
body satisfies each of the following requirements:
(A) That, as reported by the Indiana Real Estate Markets
Report, the average selling price of homes located in the county
or municipality has declined by at least fourteen percent (14%)
over a one (1) year period occurring within the four (4) calendar
years preceding the calendar year in which the proposed
ordinance is adopted.
(B) That, as reported by the Indiana department of workforce
development, the unemployment rate of the county or
municipality was at least ten and four-tenths percent (10.4%)
for any calendar month occurring in the calendar year preceding
the calendar year in which the proposed ordinance is adopted.
(2) That the proposed district contains a site that is suitable for
revitalization under this chapter and satisfies the following
requirements:
(A) The site contains a vacated industrial building consisting of
at least one million three hundred thousand (1,300,000) square
feet of space.
(B) The vacated industrial building described by clause (A)
contains at least eighty thousand (80,000) square feet of office
space.
(C) The site contains a reinforced concrete pad suitable for
expanding the vacated industrial building by at least two
hundred thousand (200,000) square feet.
(D) The site is serviced by a water treatment facility capable of
treating all of the effluent discharged from the site.
(E) The site consists of at least one hundred twenty (120) acres
of land.
(d) An advisory commission on industrial development or a
legislative body that designates a district under this chapter shall
include a copy of the findings made under subsection (b) or (c) when
sending a copy of the resolution or ordinance designating the district
to the budget agency for its approval.
(e) The budget agency may not approve the designation of a district
until the budget agency confirms the findings of fact submitted under
this section. If a resolution or ordinance is submitted to the budget
agency without the findings of fact required by this section, the time in
which the budget agency must take action on the resolution or
ordinance as set forth in sections 10.5, 12, and 12.1 of this chapter is
tolled until the findings of fact are submitted to the budget agency.