North Carolina Administrative Code (Last Updated: November 13, 2014) |
TITLE 04. COMMERCE |
CHAPTER 01. DEPARTMENTAL RULES |
SUBCHAPTER F. GUARANTY AGAINST LOSS RESERVES AND LOANS FOR BASIC INDUSTRIAL BUILDINGS |
04 NCAC 01F .0303. PREAPPLICATION CONFERENCE
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(a) The developer entity is encouraged to advise the department as it begins the planning of a speculative industrial building project. The department will assist the developer entity, as requested, within the limits of available resources. Information, liaison and coordination will be affected by the department through the industrial financing section. Available services include:
(1) sample forms, contracts and documents relating to the process of making application for the designation of basic building projects and the establishment of a "guaranty against loss" reserves.
(2) experience records on various speculative building projects constructed since 1962 and those now proposed across the state. Existing and available buildings will be reviewed in the light of the needs of the state's marketing effort so that the interested parties can gauge the competition to be faced by their project.
(3) review of and comment on the project proposed.
(b) At least one week prior to submission to the department of an application, the developer entity shall arrange for a preapplication conference with the department. Parties present at the preapplication conference will include representatives from the community, the department and the industrial contractor, and the obligor, if other than the contractor.
(c) The purpose of the conference is to help ensure that application procedures are clearly understood and that the application, when accepted, will be complete and, therefore, the application period is shortened to whatever extent possible.
(d) The developer entity will offer verbal, and if available, written narratives which:
(1) describe the project;
(2) relate the need for new and better job in the community; and
(3) describe the community efforts to locate new industry for the area.
(e) Another purpose of this conference will be to reach an understanding among all parties that the project is of the type that may be considered for approval by the secretary. If the department determines that the data presented is sufficient to allow a preliminary appraisal for a recommendation for favorable action by the secretary, it will assign a project number and will issue a letter which encourages a formal application, and reserves certain amounts of money for a period of 60 days. That commitment to reserve those monies will automatically expire if the formal application is not filed and accepted as complete within that 60 days. If the data and exhibits do not support a preliminary appraisal or if that material indicates that the appraisal might result in an unfavorable recommendation to the secretary, the department may recess the pre‑application conference to a later date, or issue a letter which would suggest changes in the project so as to allow for a more favorable analysis. The issuance of letter under any portion of this Paragraph will not preclude the department from raising new questions and establishing new areas of concern when an application is received or when the preapplication conference is recovered.
History Note: Authority G.S. 143B‑429; 143B‑430;
Eff. February 11, 1980.