Md. Code Regs. 05.17.01.05

Current through Register Vol. 51, No. 26, December 27, 2024

Section 05.17.01.05 - Application Requirements

A. An application submitted to the Department shall:

(1) Be on standard forms prescribed by the Department;

(2) Be submitted by a Sponsor;

(3) Be for a project that:

(a) Is located within a sustainable community; and

(b) Is part of and serves to implement a sustainable community plan;

(4) Describe the proposed project in detail;

(5) State the amount and type of financial assistance requested;

(6) Specify the ability of a Sponsor to carry out the proposed project, as well as the strength and quality of partnerships created among federal, State, and local governments, community development organizations, or other private organizations for implementing the project, including:

(a) Financial support;

(b) Dedication of staff and resources; and

(c) The local government's commitment to and development of local smart growth policies;

(7) Propose benchmarks for evaluating whether the proposed project results in a desired outcome such as community stabilization or reversing the social, economic, and physical decline of the sustainable community in which the project is located;

(8) Describe the process used to solicit and receive public input on the proposed project, including the nature and extent of the public support for or in opposition to the proposed project;

(9) Demonstrate that the project can be completed within the time period of the grant award agreement, as determined by the Department;

(10) Include a budget, in a form acceptable to the Department, that at a minimum shows anticipated project costs and expenses, anticipated sources of project revenue, and identification of the revenues that can be used to repay the financial assistance provided by the Program if provided as a loan;

(11) For projects that include the ownership, acquisition, demolition, construction, or rehabilitation of land or improvements:

(a) Demonstrate that, upon completion, the project will be in compliance with all applicable zoning requirements and standards, as well as the applicable building code of the local government in which jurisdiction the project is located; and

(b) Demonstrate site control through ownership, leasehold interest, contract, option, or other written agreement satisfactory to the Department that evidences the legal right of the Sponsor or its approved designated third party to acquire, occupy, or demolish the property in furtherance of the project;

(12) Provide a projected timeline for implementation of the project;

(13) Contain written approval for the proposed project from the local government in whose jurisdiction the project is located, as follows:

(a) Either:

(i) A resolution of support for the proposed project from the local government in whose jurisdiction the project is located; or

(ii) A letter of support for the proposed project delivered to the Department by the authorized designee of the local government in whose jurisdiction the project is located;

(b) If the project affects a sustainable community located entirely within a municipal corporation, the resolution or the authorized designee's letter of support shall come from the municipal corporation rather than the surrounding county; and

(c) If the project affects a sustainable community located within the territory of more than one local government, the Sponsor shall obtain a resolution or a letter of support from the authorized designee from each local government in which the community legacy project is located or will be operated; and

(14) Include other information or documentation the Department may require.

B. An application for financial assistance may be submitted for the following purposes:

(1) To fund one or more community legacy projects; or

(2) To fund a neighborhood intervention project.

C. In addition to the requirements of §A of this regulation, an application for financial assistance for one or more neighborhood intervention projects shall satisfy the following requirements:

(1) Unless waived under Regulation .06C(4) of this chapter, provide evidence that the neighborhood in which the project is located is in a sustainable community and is part of a sustainable community plan;

(2) The Sponsor shall be either a local government or a CDFI. If the Sponsor is a CDFI, it shall:

(a) Certify that the financial assistance will be made to individuals or businesses that are owner-occupants, CDOs, or local governments; and

(b) Certify that it will use the financial assistance, and any repayments and prepayments, primarily to make loans for the purposes set forth in this chapter;

(3) Unless waived under Regulation .06C(3) of this chapter, for a neighborhood intervention project involving demolition, the Sponsor shall agree to repay the financial assistance to the fund, up to the amount received by the Sponsor from:

(a) The net proceeds of the sale of the property on which the demolition took place; or

(b) Any payment to the Sponsor relating to the property, including any payment for the cost incurred in demolishing the improvements on the property;

(4) Provide information that the property will be revitalized, redeveloped, sold, or reused as part of a Board-approved redevelopment strategy or plan;

(5) Provide evidence that the Sponsor has complied with the requirements of State Finance and Procurement Article, §§ 5A -325-5A-326, Annotated Code of Maryland, and Financial Institutions Article, § 13-1112(b), Annotated Code of Maryland;

(6) Provide evidence that the financial assistance from the program is the least amount necessary to complete the project; and

(7) Include other information or assurances as requested by the Department.

D. A Sponsor may file one or more applications in accordance with schedules established by the Department.

Md. Code Regs. 05.17.01.05

Regulation .05E, F amended effective March 22, 2010 (37:6 Md. R. 476)
Regulations .05 adopted effective February 20, 2012 (39:3 Md. R. 258)
Regulation .05A amended effective 41:1 Md. R. 12, eff.1/20/2014