A. Applicants
shall submit funding requests on the Board's most current application form,
furnished by the Housing and Community Development Division (HCDD). Applicants
submitting incomplete applications will be notified of deficiencies and their
request for funding assistance will be held by the Board's staff pending
submission of the required information by the applicant.
Complete applications that have been accepted for processing
will be placed on one of the Trimester's upcoming "Application Review Meeting"
agendas.
B. Additional
general information not specifically covered by the application form should
also be furnished to the Board and its staff when such information would be
helpful to the Board in appraising the merits of the project.
C. For proposed drinking water and sewer
projects, sufficient technical information must be provided to the Utah
Department of Environmental Quality (DEQ) to permit its review. The Board will
not act on any drinking water or sewer project unless it receives such review
from DEQ.
D. Planning grants and
studies normally require a fifty percent cash contribution by the applicant.
Planning assistance requests shall be reviewed or provided by the Community
Development Office.
E. The Board
requires each applicant to have a vigorous public participation effort. Each
applicant shall hold at least one formal public hearing to solicit comment
concerning the size, scope and nature of any funding request prior to its
submission to the Board. In that public hearing, the public shall be advised
the financing may be in the form of a loan, even if the application requests a
grant.
Complete and detailed information shall be given to the
public regarding the proposed project and its financing. The information shall
include the expected financial impact including potential repayment terms and
the costs to the public as user fees, special assessments, or property taxes if
the financing is in the form of a loan. The Board may require additional public
hearings if it determines the applicant did not adequately disclose to the
public the impact of the financial assistance during the initial public
hearing.
When the Board offers an applicant a financial package that
is substantially different in the amounts, terms or conditions initially
requested by the applicant, the Board may require additional public hearings to
solicit public comment on the modified funding package.
A copy of the public notice and transcript or minutes of the
hearing shall be attached to the funding request. Public opinion polls may be
submitted in addition to the transcript or minutes.
F. Letters of comment outlining specific
benefits or problems to the community and the state may be submitted with the
application.
G. Each applicant
shall notify in writing the applicable Association of Governments of the
applicant's intention to submit a funding request to the Board. A copy of any
comments made by the Association of Governments shall be attached to the
funding request. The Board encourages regional review and prioritization of
funding requests to help ensure the timely consideration of all worthwhile
projects.
H. Section
9-8-404 requires state agencies,
before expending any state funds or approving any undertaking, to take into
account the effect of the undertaking on any district, site, building structure
or specimen that is included in or eligible for inclusion in the National
Register of Historic Places or the State Register and to allow the state
historic preservation officer (SHPO) a reasonable opportunity to comment on the
undertaking or expenditure. To comply with that duty, the Board requires each
applicant to provide the Board's staff with a detailed description of the
proposed project attached to the application. The Board's staff will provide
the SHPO with descriptions of applications which may have potential historic
preservation concerns for the SHPO's review and comment in compliance with the
Community Impact Board and SHPO Programmatic Agreement. The state historic
preservation officer's comments on individual applications will be provided to
the Board as part of the review process outlined in
R990-8-4. If during the
construction of the project the applicant discovers any cultural or
paleontological resources, the applicant shall cease project activities which
may affect or impact the cultural or paleontological resource, notify the Board
and the SHPO of the discovery, allow the Board to take into account the effects
of the project on cultural or paleontological resources, and not proceed until
further approval is given by the Board.
I. Each applicant must provide evidence and
arguments to the Board as to how the proposed funding assistance provides for
planning, the construction and maintenance of public facilities, or the
provision of public services.
J.
Each applicant must demonstrate that the facilities or services provided will
be available and open to the general public and that the proposed funding
assistance is not merely a device to pass along low interest government
financing to the private sector.
K.
Each applicant must demonstrate that any arrangement with a lessee of the
proposed project will constitute a true lease, and not a disguised financing
arrangement. The lessee must be required to pay a reasonable market rental for
the use of the facility. The applicant shall have no arrangement with the
lessee to sell the facility to the lessee, unless fair market value is
received.
L. Each applicant must
submit evidence and legal opinion that it has the authority to construct, own,
and lease the proposed project. In the case of a request for an interest-
bearing loan, the applicant must provide an opinion of nationally-recognized
bond counsel that the interest will not be subject to federal income
taxes.
M. Each applicant shall
certify to the Board that the applicant will comply with the provisions of
Titles VI and VII of the Civil Rights Act of 1964,
42
USC
2000d et seq., which prohibit
discrimination against any employee or applicant for employment or any
applicant or recipient of services, on the basis of race, religion, color, or
national origin. Each applicant shall comply with 41 CFR
60-1 (July 1968),
which prohibits discrimination on the basis of sex; 45 CFR
90 (June 1979),
which prohibits discrimination on the basis of age; Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and 28
CFR
35 (July 1991), which prohibit discrimination on the basis of disability;
and the Utah Antidiscrimination Act, Section
34A-5-101 through
34A-5-112, which prohibits
discrimination against any employee or applicant for employment because of
race, color, sex, age, religion, national origin, or handicap. Each applicant
shall certify compliance with the Americans with Disabilities Act to the Board
on an annual basis and upon completion of the project.
