19-498-41 Me. Code R. § 2

Current through 2024-50, December 11, 2024

Section 498-41-2 - COMMUNITY DEVELOPMENT PROGRAMS

A. HOUSING ASSISTANCE GRANT PROGRAM

The Housing Assistance Grant (HA) Program provides funding to address housing problems of low-and moderate-income persons. Housing Assistance Program (HA) funds will be distributed through an annual grant application selection process.

1. Eligibility Requirements for Housing Assistance Applications: Communities may not submit a HA application if they have received or benefited from two HA awards within the five (5) year period prior to the CDBG program year for which applications are being accepted. Only applicants with populations that exceed 3,000 are eligible to apply. Multi-jurisdictional applications with more than 3 communities will not be accepted.

2. Eligible Activities: Eligible HA activities are rehabilitation of occupied or vacant single-family or multi-family housing units, same site replacement housing, relocation assistance, acquisition, alternative housing, energy conservation, code enforcement, conversion of non-residential structures, demolition, down payment assistance, first time homebuyer's programs, lead based paint removal, new housing construction as allowed by HUD regulations, provision of potable water or sewer, removal of architectural barriers and eligible planning activities necessary to complete the Project Development Phase.

3. Exclusions: See Section 1H(6) (7).

4. Matching Funds: Applicants for housing activities must provide a match (cash or in-kind) of at least 10 % of the total HA grant award; except for eligible new housing construction activities which must provide a cash match of at least 20% of the total HA grant award.

5. Maximum HA Grant Amount: $500,000

6. Maximum Housing Assistance Program Per-Unit Costs: The amount of rehabilitation grants or loans available to participants in the HA Program will be no more than $30,000 per unit. Additional funds, up to a maximum of $10,000 may be available in the following cases: replacement housing, Life Safety Code violations, foundation work, inadequate sewage disposal, lack of potable water, removal of lead-based paint, asbestos, radon, or other hazardous material, and accessibility modifications. Except for acquisition and/or relocation, all other eligible activities under the HA Program are limited to a maximum of $40,000 per unit assisted/created. Maximum per-unit costs for any housing activity may only be waived by written approval from the Office of Community Development. Public infrastructure is not an eligible HA expense.

7. Maximum Administrative Costs: The HA Program allows expenditures for general and/or rehabilitation administration. The total general and rehabilitation administration expenditures may not exceed 15% of the grant amount. Please refer to OCD Policy Statement #2 for more information regarding CDBG administrative costs.

8. Section 8 H ousing Quality Standards: All units assisted or created with HA funds must, if possible, meet HUD Section 8M inimum Housing Quality Standards. This does not apply to projects undertaken to correct specific emergency health and safety issues only, i.e. wells, septic, heating units, removal of hazardous materials, energy conservation etc.

9. Administrative Capabilities for Housing Rehabilitation Applicants: Applicants for HA assistance must demonstrate at the time of submitting the Letter of Intent that they have the capacity to administer the program either through municipal staff that is a qualified CDBG Rehabilitation Technician; or have completed a procurement process under the guidelines of the CDBG program ( 24 CFR Part 85) to hire a qualified CDBG Rehabilitation Technician subject to award of a HA contract.

10. Selection Process: The selection process for all HA applications will consist of two stages:

(a) Stage 1:

Letter of Intent: All communities wishing to submit a HA application must submit a Letter of Intent to OCD on or before March 15, 2013 according to the requirements set forth in the 2013 Housing Assistance Application Package.

(b) Stage 2:

Application: The maximum length of an application is four pages (not counting required attachments). The application deadline for the HA Program is 4:00PM on May 3, 2013. Members of the Review Team will assign a Review Point Total for each application reviewed. Review Point Totals will consist of the sum of the three scoring areas below and be determined by the total of each sub-scoring area. A maximum of 100 points is obtainable.

Impact (40 points):

A description of the specific housing problems to be addressed with HA funds - 15 points How the problems were identified - 10 points How these issues affect LMI persons in the community or region - 15 points

Development Strategy (40 points):

A description of the plan proposed to implement the housing project - 15 points How emphasis will be placed on a community based approach using collaborative efforts 10 points Summary of the activities and use of HA funds -15 points

Citizen Participation (20 points):

How overall citizen participation process directly relates to identification of solution strategies and application development - 4 points Effective use of any media (newspapers, radio, TV, etc) to further public awareness and participation - 4 points Relevance of listed meeting/hearing activities/comments (not counting required public hearing) on application and project development - 4 points Involvement of potential LMI project beneficiaries in development of the application and project and how the required public hearing relates to the application development and citizen participation process - 4 points How other local resources (cash and in-kind) are directly related to the project and the establishment of a cash value equivalent for all in-kind commitments - 4 points

11. Final Application Score- Each application will receive a Final Application Score consisting of the average of the scores assigned by members of the Review Team. Starting at the top of the scoring list, applicants will be invited to proceed to the Project Development Phase as funds allow.

B. HOME REPAIR NETWORK PROGRAM

The Home Repair Network Program (HRN) provides funding to address housing problems of low- and moderate-income persons by combining CDBG funding with the Maine State Housing Authority and the United States Department of Agriculture Rural Development Program funding. This program will provide housing rehabilitation services administered on a regional basis throughout Maine, except as stated below.

1. Special Threshold Criteria and Certifications: HRN Program funds will be distributed through a set aside of CDBG funds provided to the City of Rockland as the lead community. The lead community will establish a legally binding contract with each of the participating Maine Community Action Agencies or other approved entity identified for the Home Repair Network delivery system as approved by OCD.

2. Eligible Activities: Eligible activities under the HRN Program are rehabilitation of occupied or vacant single-family or multi-family housing units, demolition, same site replacement housing, provision of potable water and sewer, removal of lead-based paint, asbestos, radon, or other hazardous material, removal of architectural barriers and the Critical Access Ramp Program (via Alpha One).

3. Housing units ineligible for Home Repair Network assistance: Housing units located in communities that have current CDBG Housing Rehabilitation programs or the entitlement communities of Auburn, Bangor, Biddeford, Lewiston, Portland and all of Cumberland County with the exception of Brunswick and Frye Island are not eligible for financial assistance under the HRN program.

4. Maximum HRN Grant Amount: $1,700,000. Allocations to each of the established regions will be determined by the Office of Community Development.

5. Maximum Home Repair Network Program Costs: The amount of grants or loans available to participants in the HRN Program will be no more than $30,000 per unit. Additional funds, up to a maximum of $10,000 may be available in the following cases: replacement housing, Life Safety Code violations, foundation work, inadequate sewage disposal, lack of potable water, removal of lead-based paint, asbestos, radon or other hazardous material, and accessibility modifications. The maximum of $40,000 may only be exceeded by written approval from the Office of Community Development.

6. Maximum Administrative Costs: The HRN Program allows expenditures for general and rehabilitation administration. The total general and rehabilitation administration expenditures may not exceed 15% of the grant amount without approval from the Director of OCD. The City of Rockland is allowed a maximum of $5,000 in administrative funding.

7. Section 8 H ousing Quality Standards: All units assisted or created with HRN funds must, at a minimum, meet HUD Section 8 M inimum Housing Quality Standards. This does not apply to projects undertaken to correct specific emergency health and safety issues only, i.e. wells, septic, heating units, removal of hazardous materials, energy conservation etc. In addition, all units must comply with other applicable standards included in the HRN contract.

C. PUBLIC FACILITIES GRANT PROGRAM

The Public Facilities Grant (PF) Program provides gap funding for local public facility activities, which represent a threat to the health and safety of the general public.

1. Eligible Activities: Eligible activities in the PF program are construction, acquisition, reconstruction, rehabilitation, site clearance, historic preservation, and relocation assistance associated with public facilities projects and eligible planning activities necessary to complete the Project Development Phase.

2. Exclusions: See Section 1H(1) (2).

3. Match: All communities applying for PF funds must certify that they will provide a cash match of at least 25 percent of the total grant award. This match may consist of all non-CDBG loans, grants, endowments, etc. contributed to the project.

4. Maximum PF Grant Amount:$300,000

5. Demonstration of Need: Applicants must have demonstrated that the proposed activity will alleviate any threat to the health and safety of the general public. This demonstration must have been made part of the Letter of Intent and Verification submitted to the Office of Community Development on or before January 18, 2013.

6. Demonstration of National Objective: Applicants must demonstrate that the project meets the National Objective of a) benefiting 51% or greater low/moderate income persons or b) preventing or eliminating slum or blighting conditions. Census information, a certified target area survey, or an officially adopted declaration of slum/blight conditions conforming to the requirements of Title 30-A M.R.S.A. §5202 and HUD must be submitted to OCD. For spot blight activities documentation must be submitted to OCD substantiating the condition of the structure as "blighted." These demonstrations must be made as part of the Letter of Intent and Verification of CDBG National Objective submitted to OCD on or before 4:00pm on Friday, January 18, 2013.

7. Priority for Public Facilities Projects: Regional Service Centers and Contiguous Census Designated Places and Compact Urban Areas Designated as Regional Service Centers and activities supporting the revitalization of downtown areas will be given priority during the evaluation and selection process for awarding PF program funds. Lists of all service center communities are available from the OCD.

8. Selection Process: The selection process will consist of two stages.

(a) Stage 1:

Letter of Intent and Verification of CDBG National Objective: All communities wishing to submit a PF application must submit a Letter of Intent and Verification of CDBG National Objective to OCD on or before 4:00PM on Friday January 18, 2013 according to the requirements set forth in the 2013 PF application package.

(b) Stage 2:

Application: The application deadline for the PF program will be announced by the OCD, pending the availability of funds. Members of the Review Team will assign a Review Point Total for each application reviewed. Review Point Totals will consist of the sum of the three scoring areas below and be determined by the total of each sub-scoring area. A maximum of 100 points is obtainable

Impact (40 points):

A description of the why the project is necessary - 8 points Conditions warranting new construction or renovations, including health and safety concerns- 10 points How these conditions affect LMI persons in the community or region - 10 points Size and make up of user base of facility - 6 points Why PF funds are necessary for project - 6 points

Development Strategy (40 points):

A description of the new or renovated facility, including size, design factors, alleviation of health and safety factors, utilities and location - 10 points Specific use of PF funds - 10 points Positive effect on LMI persons - 10 points Project timeline, details of engineering or architectural work completed to date, proposed date for start of construction, tasks remaining prior to project implementation, final commitment of other funds and how PF funds will be expended within a 12 month period - 10 points

Citizen Participation (20 points):

9. Final Application Score- Each application will receive a Final Application Score consisting of the average of the scores assigned by members of the Review Team. Starting at the top of the scoring list, applicants will be invited to proceed to the Project Development phase as funds allow.

D. PUBLIC INFRASTRUCTURE GRANT PROGRAM

The Public Infrastructure Grant (PI) Program provides gap funding for local infrastructure activities, which are part of a community development strategy leading to future public and private investments.

1. Eligible Activities: Eligible activities in the PI Program are construction, acquisition, reconstruction, installation, relocation assistance associated with public infrastructure, and public infrastructure limited to supporting construction of fully-funded affordable LMI housing; eligible planning activities necessary to complete the Project Development Phase.

2. Exclusions: See Section 1H(1) (2).

3. Match: All communities applying for PI funds must certify that they will provide a cash match of at least 25 percent of the total grant award. This match may consist of all non-CDBG loans, grants etc. contributed to the project.

4. Program Activities: Applicants may apply for one or more activities within a specific activity group. Applicants cannot mix activities from different activity groups in an application.

Activity Group Numbers:

1 Water system installation/improvements, sewer system installation/improvements, water/sewer system hookups, storm drainage, utility infrastructure, dams with the main purpose of providing the primary water storage facility for an active water district or municipal system. (Road or street reconstruction is not eligible.) Maximum Amount: $1,000,000

2 Infrastructure in support of new LMI affordable fully financed housing. Maximum Amount: $1,000,000

3 Streets and roads, parking, curbs, gutters. Maximum Amount: $ 100,000

5. Funding Restrictions: PI funds may not be used to assist infrastructure for the purpose of job creation/retention. Job creation/ retention infrastructure activities are eligible in the Economic Development Program. With the exception of proposals for infrastructure in support of new housing construction and sewer/water system hookups, no housing activities may be assisted with PI funds.

6. Demonstration of National Objective: Applicants must demonstrate that the project meets the National Objective of benefiting 51% or greater low/moderate income persons. Census information, a certified target area survey, or an officially adopted declaration of slum/blight conditions conforming to the requirements of Title 30-A M.R.S.A. §5202 and HUD must be submitted to OCD. These demonstrations must be made as part of the Letter of Intent and Verification of CDBG National Objective submitted to OCD on or before 4:00pm on Friday January 18, 2013.

7. Selection Process: The selection process for all PI applications will consist of two stages:

(a) Stage 1:

Letter of Intent and Verification of CDBG National Objective: All communities wishing to submit a PI application must submit a Letter of Intent and Verification of CDBG National Objective to OCD on or before 4:00PM on Friday January 18, 2013 according to the requirements set forth in the 2013 PI application package.

(b) Stage 2:

Application: The application deadline for the PI Program is 4:00PM on March 8, 2013. Each application will be rated in relation to all others in a two-stage process. Members of the Review Team will assign a Review Point Total for each application reviewed. Review Point Totals will consist of the sum of the three scoring areas below and be determined by the total of each sub-scoring area.

Impact (40 points):

A description of why the project is necessary, previous efforts to address needs, and how the project was prioritized locally - 8 points How the infrastructure problems were verified, including studies, testing and record keeping - 8 points How the verified health, safety and welfare conditions affect users and others in the community and region - 8 points Size and demographic makeup of user base and target area of projected infrastructure project - 8 points Why PI funds are necessary to fill a funding gap and how match funds will work with PI funds to implement the project - 8 points

Development Strategy (40 points):

A description of the proposed infrastructure improvements, including size, capacity, design, utilities and fit with existing systems - 10 points Positive impacts on health, safety and welfare of users directly attributable to proposed PI expenditures - 9 points Extent of financial benefits to users from reduced rates, rents and other costs. If financial benefits cannot be quantified, identify other short and long term benefits that will be experienced - 9 points Project timeline: list tasks necessary to begin implementation. Identify work already completed, such as engineering, design and final commitment of other funds. Identify when remaining tasks will be completed. Estimate a project completion date and describe why project timeline is feasible - 12 points

Citizen Participation (20 points):

How overall citizen participation process directly relates to identification of solution strategies and application development - 4 points Effective use of any media (newspapers, radio, TV, etc) to further public awareness and participation - 4 points Relevance of listed meeting/hearing activities/comments (not counting required public hearing) on application and project development - 4 points Involvement of potential LMI project beneficiaries in to the application development and citizen participation process - 4 points How other local resources (cash and in-kind) are directly related to the project and the establishment of a cash value equivalent for all in-kind commitments - 4 points development of the application and project and how the required public hearing relates

8. Final Score- Each application will receive a Final Application Score consisting of the average of the scores assigned by members of the Review Team. Starting at the top of the scoring list, applicants will be invited to proceed to the Project Development Phase as funds allow.

E. DOWNTOWN REVITALIZATION GRANT PROGRAM

The Downtown Revitalization Grant (DR) Program provides funds to communities to implement comprehensive, integrated, and innovative solutions to the problems facing their downtown districts. These community revitalization projects must be part of a strategy that targets downtown service and business districts and will lead to future public and private investment. Qualified applicant communities must have a downtown district meeting the definition in 30-A M.R.S. Section4301(5-A).

1. Eligible activities - include all those eligible under the Public Facilities, Public Infrastructure, Housing Assistance or Micro Enterprise Assistance programs as relevant to the revitalization of a downtown district; and eligible planning activities necessary to complete the Project Development Phase.

2. Exclusions: See Section 1H(4) (5).

3. Match - All communities applying for DR Program funds must certify that they will provide a cash match equivalent to 25 percent of the total grant award. This match may consist of all non-CDBG loans, grants, endowments, etc. contributed to the project.

4. Planning Requirements: Applicants must have completed a comprehensive downtown revitalization planning process within the past five years. Communities with plans older than five years must demonstrate that their plans are under active implementation, the action plan remains valid, or have been updated within the past 5 years. The proposed DR activities must be in the plan as recommended actions necessary for downtown revitalization.

5. Maximum DR Award: $200,000

6. Bonus Points for Applicants with Maine Downtown Center Designation: Applicants will receive three bonus points if they have been designated as a Main Street Maine Community by the Maine Downtown Center, or one bonus point if they have been designated as a Maine Downtown Network Community.

7. Demonstration of National Objective: Applicants must demonstrate that the project meets the National Objective of 1) benefiting 51% or greater low/moderate income persons or 2) preventing or eliminating slum or blighting conditions. Census information, a certified target area survey, or an officially adopted declaration of slum/blight conditions conforming to the requirements of Title 30-A M.R.S.A §5202 and HUD must be submitted to OCD. These demonstrations must be made as part of the Letter of Intent and Verification of CDBG National Objective submitted to OCD on or before 4:00pm on Friday, February 1, 2013.

8. Selection Process - The selection process will consist of two stages

(a) Stage 1:

Letter of Intent and Verification of CDBG National Objective:

All communities wishing to submit a DR application must submit a Letter of Intent and Verification of CDBG National Objective to OCD on or before 4:00PM on Friday February 1, 2013 according to the requirements set forth in the 2013 DR application package.

(b) Stage 2:

Application: The maximum length of an application is six pages, not counting required attachments. The application deadline for the DR Program is 4:00PM on Friday, March 29, 2013. Each application will be rated in relation to all others. Members of the Review Team will assign a Review Point Total for each application reviewed. Review Point Totals will consist of the sum of the four scoring areas below and be determined by the total of each sub-scoring area. A maximum of 100 points is obtainable.

Impact (30 points):

Describe the scope and magnitude of the problems, and how they are obstacles for revitalizing the downtown. - 8 points Explain how the problems negatively impact the viability of existing downtown businesses, or new development and expansion. - 8 points Demonstrate how the problems affect LMI persons, or how they contribute to slum/blight conditions. - 7 points Explain why DR funds are necessary for the project, and describe efforts to secure other grant or loan funds. - 7 points

Development of Strategy (40 points):

Clearly link the proposed DR activities to action steps outlined in your community's Downtown Action Plan, and explain how the project will stimulate economic activity in the downtown. - 10 points List the specific activities to be addressed in this downtown revitalization effort, and identify the tasks to be undertaken with DR funds and the activities to be undertaken with each other source of funds. - 10 points Define how the proposed DR activities provide a solution to the problems and assist in improving the area's viability, and how the activities will have a positive impact on LMI persons, or on alleviation of the slum/blight conditions. - 10 points Describe the capacity and experience of the administrator who will be implementing the project, describe the engineering and design work completed to date, provide a project timeline, and explain how DR funds will be expended in a timely manner. - 10 points

Project Leverage (10 points):

Budget Page review - 3 points Matching Funds Table review - 3 points % which firm cash commitments exceed minimum 25%

Up to 15% - 1 point

16% - 30% - 2 points

31% - 50% - 3 points

More than 50% - 4 points

Citizen Participation (20 points):

Effective use of any media (newspapers, radio, TV, etc) to further public awareness and participation. - 4 points Relevance of listed meeting/hearing comments (not counting required public hearing) and the overall citizen participation process in application and project development. - 4 points Involvement of downtown and local businesses, Chambers of Commerce, development groups or other business related organizations in identification of problems and development of the application and project. - 4 points Involvement of potential LMI project beneficiaries in development of the application and project, and how the required public hearing relates to the application development and citizen participation process. - 4 points How other local resources (cash and in-kind) are directly related to the project, and the establishment of a cash value equivalent for all in-kind commitments. - 4 points

Maine Downtown Center Designation Bonus - 3 bonus points will be assigned to each applicant community designated as a Main Street Maine Community by the Maine Downtown Center, and a 1 bonus point will be awarded to those communities designated as a member of the Maine Downtown Network.

Business Friendly Community Designation Bonus - 3 bonus points will be assigned to each applicant community designated as a Business Friendly Community at time of application.

9. Final Application Score- Each application will receive a Final Application Score consisting of the average of the scores assigned by members of the Review Team added to any applicable Maine Downtown Center Bonus and Business Friendly Community Bonus. Starting at the top of the scoring list, applicants will be invited to proceed to the Project Development Phase as funds allow.

F. MAINE DOWNTOWN CENTER ASSISTANCE

(Limited to a lead community selected by OCD)

The Maine Downtown Center Assistance (MDCA) provides funding to support activities undertaken by the Maine Downtown Center on behalf of communities addressing critical needs in established downtown areas.

1. Special Threshold Criteria and Certifications: MDCA funds will be distributed through a set aside of CDBG funds provided to a lead community. The lead community will establish a legally binding contract with the Maine Downtown Center as approved by OCD.

2. Eligible Activities: Eligible activities under the MDCA are planning, capacity building, technical assistance and administration directly related to furthering the Maine Downtown Center's objectives in building vibrant, sustainable Maine downtowns. Assistance will be available to Main Street Maine communities as well as communities not currently so designated. Assistance will be made available as determined by the Maine Downtown Center and OCD.

3. Communities Ineligible for MDCA Assistance: The entitlement communities of Auburn, Bangor, Biddeford, Lewiston, Portland and all of Cumberland County with the exception of Brunswick and Frye Island are not eligible for financial assistance under the MDCA.

4. Maximum Administrative Costs: The host community is allowed a maximum of $1,000 in administrative funding.

5. Maximum MDCA Grant Amount: $100,000.

G. WORKFORCE DEVELOPMENT GRANT PROGRAM

The Workforce Development Grant (WDG) Program addresses community and business resource needs by providing funding for operating expenses, equipment, and program materials for workforce training programs which will benefit low/moderate income (LMI) persons.

1. Eligible Activities: Eligible activities include operating and program material expenses for the purpose of providing workforce training and skills development to address the shortage of an available trained workforce. Other eligible public service activities associated with the project are allowed. Planning activities necessary to complete the Project Development Phase are eligible activities. Structural changes such as construction, renovation, or rehabilitation are not eligible for WDG funding. Program development and marketing materials are not eligible expenses under this grant.

2. Project Benefit: Eligible WDG projects must provide benefits to one of the groups of persons listed below:

(a) Persons who are members of the following groups that are currently presumed by HUD to meet benefit requirements. The presumption may be challenged if there is substantial evidence the group served by the project is most likely not comprised of principally LMI persons; Abused Children (Does not include "at-risk" youth) Battered Spouses (Does not include all victims of domestic violence) Elderly Persons (62 years +, or 55 years + for housing) Severely Disabled Adults Homeless Persons Illiterate Adults Migrant Farm Workers Persons Living with AIDS; or

(b) Participants in a program where 51% or greater of the persons receiving benefit from WDG activities are determined to be LMI.

3. All communities applying for WDG funds must certify that: The activity represents a new service to the community; or a quantifiable increase in the level of an existing service;

4. Maximum WDG Amount: $100,000

5. Selection Process: The selection process will consist of two stages

(a) Stage 1:

Letter of Intent: All communities wishing to submit a WDG application must submit a Letter of Intent due the first Friday of every month. After review for completeness and eligibility, units of general local governments will be invited to make a full application.

(b) Stage 2:

Application: The maximum length of an application is four pages, not counting required attachments. Members of the Review Team will assign a Review Point Total for each application reviewed. Review Point Totals will consist of the sum of the three scoring areas below and be determined by the total of each sub-scoring area. A maximum of 100 points is obtainable.

Impact (40 points):

Conditions requiring a new or expanded service - 15 points Issues faced by service providers including capacity, finances and staffing - 15 points Why WDG funds are critical for the project - 10 points

Development Strategy (40 points):

A description of the new or expanded service, specific use of WDG funds, including how this service will resolve identified problems, and why this service will be more effective than existing services for the targeted beneficiaries - 10 points How WD funds will be utilized to assist LMI persons or a HUD approved Limited Clientele group - 10 points Project timeline, including a start date, tasks completed to date, how WDG funds will be expended in a timely manner, and method of tracking success - 10 points Capacity and qualifications of the service provider implementing the project, including familiarity with the needs of project beneficiaries - 10 points

Citizen Participation (20 points):

How overall citizen participation process directly relates to identification of solution strategies and application development - 5 points Effective use of any media (newspapers, radio, TV, etc) to further public awareness and participation - 5 points Relevance of listed meeting/hearing activities/comments (not counting required public hearing) on application and project development - 5 points Involvement of potential LMI project beneficiaries in development of the application and project and how the required public hearing relates to the application development and citizen participation process - 5 points

6. Final Application Score- Each application will receive a Final Application Score consisting of the average of the scores assigned by members of the Review Team. Starting at the top of the scoring list, applicants will be invited to proceed to the Project Development Phase as funds allow. An application must have a minimum score of 70 in order to be funded.

H. URGENT NEED GRANT PROGRAM

The Urgent need Grant (UN) Program provides funding to communities to address serious and immediate threats to health and welfare which are declared state or federal disasters.

1. Project Eligibility: Pursuant to Section 104(b) 3 of the Housing and Community Development Act of 1974, as amended (see 24 CFR Section 570.483(d)) , the applicant must address a community development need which meets all four criteria listed below:

(a) poses a serious and immediate threat to the health or welfare of the community;

(b) originated or became a direct threat to public health and safety no more than 18 months prior to submission of the application;

(c) is a project the applicant cannot finance on its own. "Cannot finance on its own" means, that the town's tax burden, regulatory structure, utility user fees, bonding capacity, or previous or existing budgetary commitments, precludes it from assuming the additional financial obligation needed for this project; and

(d) cannot be addressed with other sources of funding.

2. Program Requirements:

(a)Necessary Documentation: The emergency situation must require immediate action to alleviate the serious and imminent threat of injury or loss of life resulting from a natural or man-made cause.

(b)State or Federal Declaration of Disaster: The applicant must submit documentation that the project to be assisted with UN funds will take place in an area that has received a state or federal declaration of disaster. In addition, the activities to be assisted must be a direct result of the event leading to the declaration. This requirement may be waived by the Director of OCD with just cause.

(c)Application Submittal: Applicants must submit a complete UN application that includes all required information and documentation.

3. Selection Process: The selection process will consist of two stages: an application phase and a project development phase.

(a) Stage 1:

Application: An UN application must include the following:

documentation that the emergency situation was prompted by natural or man-made causes that pose an imminent threat of injury or loss of life; certification that the proposal is designed to address an urgent need and an immediate response is required to halt the threat of injury or loss of life; information regarding when the urgent need condition occurred or developed into a threat to health and safety; evidence confirming the applicant is unable to finance implementation on its own; and, documentation that other financial resources are not available to implement the proposal. a copy of a state or federal declaration of disaster.

(b) Stage 2:

Project Development: Prior to consideration of a grant award, all UN proposals must meet the four eligibility criteria listed above and the Program requirements. Project Development Phase applications must comply with the following:

Project Planning: Details of the project including engineering, cost analysis, feasibility, and structural analysis as necessary.

Management Plan: Details of the structure and methods established by the community for program management.

Regulations: Project Development Phase applications will be reviewed for compliance with State and Federal regulations.

4. Approval Process: Applications will be accepted on a first-come first-served basis. Following receipt of an application, OCD shall review the application and verify that it contains all the required information. Eligible planning activities necessary to complete the Project Development Phase may be included in the UN grant total. Notification to the applicant of the Office of Community Development's decision will initiate the Project Development Phase process necessary for contract award.

19-498 C.M.R. ch. 41, § 2