Title 6. Division of Neighborhood Revitalization — Subtitle 2. Community Legacy Program

designate an area as a sustainable community;

approve a sustainable community plan; or

approve a community legacy project.

create, improve, or preserve housing opportunities by acquiring, constructing, rehabilitating, or improving new or existing residential properties;

demolish buildings or improvements strategically to enhance the use of land;

create, improve, or preserve commercial or mixed–use development, including an appropriate combination of properties related to business, housing, open–space, and institutional uses;

develop public infrastructure that is incidental to the implementation of a community legacy project, such as streets, parking, public utilities, landscaping, lighting, and improvements to pedestrian and bicycle circulation;

encourage and develop cooperative ownership or control of open space;

develop or create strategies designed to increase investment in existing communities, including outreach activities to attract business, capital, residents, and visitors and the development and maintenance of resources directly related to the development of a sustainable community plan or the implementation of a community legacy project;

engage in landbanking or otherwise acquire or improve vacant buildings or unimproved land;

provide financial assistance for neighborhood intervention projects; or

develop other plans or implement other projects as the Department considers necessary to further the purposes of this subtitle.

a grant;

a loan;

a reduction in the principal obligation of or rate of interest payable on a loan or portion of a loan;

a prepayment of interest on a subordinate or superior loan or portion of a loan;

an assurance;

a guarantee; and

any other form of credit enhancement.

in anticipation of future development of the property; or

to keep the future use of the property and improvements affordable.

as determined by the Sustainable Growth Subcabinet, satisfies the requirements of § 6–205 of this subtitle;

has been designated as a BRAC Revitalization and Incentive Zone under Title 5, Subtitle 13 of the Economic Development Article; or

has been designated a transit–oriented development under § 7–101 of the Transportation Article.

preserve existing communities as desirable places to live and conduct business to reduce outward pressure for sprawl development; and

provide financial assistance to sponsors or their designees to develop sustainable community plans or community legacy projects.

a description of one or more sustainable communities where the sponsor proposes to develop a sustainable community plan or to carry out a community legacy project using the standards listed in § 6–205 of this subtitle;

a detailed description of the proposed sustainable community plan or proposed community legacy project;

the amount and type of financial assistance sought;

the ability of the sponsor to carry out the proposed sustainable community plan or community legacy project;

the strength and quality of partnerships created among the federal government, the State government, political subdivisions, community development organizations, and other private organizations to develop the sustainable community plan or carry out the community legacy project, including:

proposed benchmarks for evaluating whether the proposed sustainable community plan or community legacy project results in a desired outcome for a proposed sustainable community, such as:

the process used to seek and receive public input on the proposed sustainable community plan or community legacy project, including the nature and extent of public support or opposition.

The Sustainable Growth Subcabinet, on the recommendation of the Secretary, may designate an area as a sustainable community.

If the Sustainable Growth Subcabinet has not acted within 90 days of a recommendation from the Secretary, the Secretary may designate an area as a sustainable community without the approval of the Sustainable Growth Subcabinet.

entities in the community, such as local governments, employers, educational institutions, civic organizations, community organizations, or cultural organizations, support the proposed sustainable community plan and have pledged resources to develop or implement it;

the proposed sustainable community plan addresses the need for reinvestment in the area and will enhance the area, and give individuals of different incomes a range of housing options, employment opportunities, and other amenities;

a community in the proposed area is culturally or historically significant;

the proposed area is near a town center or a transportation center;

the proposed sustainable community plan is consistent with and complements other existing or proposed projects for housing, commercial or community development, education, historic preservation, neighborhood revitalization, transportation, or other things significant to the comprehensive enhancement of the community; or

there is a demonstrated need for financing assistance for small businesses, nonprofit organizations, or microenterprises.

To maintain a sustainable community designation:

The Department shall convene an interagency review team from the agencies of the Sustainable Growth Subcabinet to:

The Sustainable Growth Subcabinet may redesignate an area as a sustainable community taking into consideration the factors in subsection (a) of this section.

review each application and may request more information from the sponsor;

accept public input on each application;

submit each application to appropriate State units and appropriate members of the Sustainable Growth Subcabinet;

consider any recommendation a State unit or member of the Sustainable Growth Subcabinet makes;

consider geographic balance when reviewing applications; and

give priority in awarding financial assistance to applicants that are likely to repay the financial assistance to a community development financial institution or to the Community Legacy Financial Assistance Fund.

The Department shall provide written notice to the political subdivision in which the proposed project is located.

Except as provided in paragraph (5) of this subsection, the Department may not approve an application unless the political subdivision in which the proposed project is located approves the application by:

If an application affects a sustainable community or an eligible opportunity zone entirely within a municipal corporation, the approval must come from the municipal corporation rather than the surrounding county.

If an application affects a sustainable community or an eligible opportunity zone within more than one political subdivision, each political subdivision must approve it by:

If the Department does not receive notice of approval or denial of an application from the affected jurisdictions within 45 days after notice of the proposed project is given in accordance with paragraph (1) of this subsection, the Department may approve the application.

in the amount and of the type that the Secretary determines; and

under the terms of a community legacy agreement.

violates any provision of the community legacy agreement; or

ceases to meet the requirements of this subtitle.

The Department may determine the terms and conditions for financial assistance awarded under § 6–206(c) of this subtitle.

Financial assistance may be secured by a mortgage, lien, or security interest that is superior to or subordinate to other mortgages, liens, or security interests.

The Department may establish time limits for the use of financial assistance.

The Department may enforce the terms and conditions of the financial assistance given under this subtitle.

Notwithstanding any other law, if a loan or grant is secured by a first or subordinate mortgage or other lien, the Department may:

The Department may contract with any person, including a private property manager, mortgage servicer, architect, engineer, or other property consultant, or with any governmental unit, for property or services necessary to operate the Program or to implement community legacy projects.

The Department may make agreements with other governmental units to establish partnerships to carry out the Program.

The Department may contract for and accept any grant, contribution, or loan of money, property, or other aid from the federal government and may do all things consistent with this subtitle to qualify for the aid or participate in or administer a federal program.

require and obtain appraisals, credit information, and other pertinent information; and

charge interest.

buying properties that need rehabilitation and redeveloping the properties through rehabilitation, demolition, reconstruction, or re–use; or

demolishing property improvements and preparing property for revitalization, redevelopment, or re–use.

a political subdivision; or

a community development finance institution.

the applicant has a legal interest in the property through:

the applicant intends to revitalize, redevelop, sell, or re–use the property as part of a redevelopment strategy for the property or a redevelopment plan;

the applicant has complied with the requirements of §§ 5A–325 and 5A–326 of the State Finance and Procurement Article and § 13–1112(b) of the Financial Institutions Article;

the financial assistance from the Program is the least amount necessary to complete the project; and

the project meets any other condition that the Department may require under this subtitle.

the project shall be located in a sustainable community and be a part of a sustainable community plan in accordance with §§ 6–204(b)(1) and 6–205 of this subtitle; and

for a project under subsection (a)(2) of this section, the applicant shall agree to repay the financial assistance to the Community Legacy Financial Assistance Fund, up to the amount the applicant receives from:

The Secretary may not allocate annually more than 15% of the Community Legacy Financial Assistance Fund to neighborhood intervention projects.

The Secretary may not award more than $500,000 for any neighborhood intervention project.

The restrictions in paragraphs (1) and (2) of this subsection do not apply to projects approved by the Secretary in the case of an emergency or when the project requires urgent approval if the project is funded from the reserve established under § 6–211(h) of this subtitle.

The Department shall submit an annual report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly on or before each October 31.

The report shall include:

The Secretary shall administer the Fund in accordance with this subtitle.

The State Treasurer shall hold and the Comptroller shall account for the Fund.

money appropriated in the State budget to the Fund;

earnings from the investment of money in the Fund;

repayments and prepayments of financial assistance provided by the Program; and

any other money accepted for the benefit of the Fund from any governmental or private source.

Community Legacy Program under this subtitle;

Sustainable Communities Tax Credit Program for commercial properties under Title 5A, Subtitle 3 of the State Finance and Procurement Article;

Neighborhood Business Development Program under Subtitle 3 of this title;

Maryland Historical Trust Grant Program under Title 5A, Subtitle 3 of the State Finance and Procurement Article; and

Speaker Adrienne A. Jones African American Heritage Preservation Program under Title 5A, Subtitle 3 of the State Finance and Procurement Article.

a political subdivision issues bonds, notes, or other similar instruments for that sustainable community under:

a political subdivision demonstrates to the appropriate unit of State government that the political subdivision has funded infrastructure improvements in that sustainable community.