This chapter describes the policies and procedures for: Making Main Street Improvement Program grants to local jurisdictions and nonprofits to promote the development and revitalization of business districts in local jurisdictions; and Designating Maple Street communities that will benefit from Main Street Improvement Program grants to help promote revitalization of residential areas adjacent to designated Main Streets. In this chapter, the following terms have the meanings indicated. Terms Defined. “Approved nonprofit organization” means a nonprofit organization that has been designated by a local jurisdiction to apply for Program funding on behalf of that local jurisdiction. “Business district” means a geographically specified area, located within a sustainable community of a local jurisdiction, in which the predominant activity carried on is the operation of trades and businesses. “County” means any of the 23 counties of this State, and the Mayor and City Council of Baltimore. “Department” means the Department of Housing and Community Development. “Designated jurisdiction” means a local jurisdiction that is, or that contains, an officially approved and recognized Main Street Maryland community. Repealed. “Director” means the Director of the Division. “Division” means the Division of Neighborhood Revitalization. “Local jurisdiction” means a county or municipality. “Main Street Maryland community” means a commercial area in a local jurisdiction designated by the Secretary as a Main Street Maryland community under the Main Street Maryland Program. “Main Street Maryland Program” means the program for local jurisdictions operated by the Department since 1998. “Maple Street community” means an area designated by the Secretary under Regulation .08 of this chapter. “Nonprofit organization” means a corporation, foundation, or other entity that specifies in its charter or bylaws that no part of the net earnings may inure to the benefit of any private shareholder or individual holding any interest in that entity. “Program” means the Main Street Improvement Program. “Secretary” means the Secretary of Housing and Community Development. “Sustainable community” means the part of a priority funding area that: Has been designated as a sustainable community in accordance with COMAR 05.17.02; Has been designated as a BRAC Revitalization and Incentive Zone under Economic Development Article, Title 5, Subtitle 13, Annotated Code of Maryland; or Has been designated as a transit-oriented development under Transportation Article, §7-101, Annotated Code of Maryland. Local jurisdictions and approved nonprofit organizations are eligible to receive grants under the Program. Applicants shall meet the following minimum requirements to qualify for a Program grant: Have the legal capacity to enter into a grant agreement; Satisfy all legal requirements to operate in the State; Not have defaulted on any prior assistance from the Department; and Not be currently barred or suspended from any of the Department's programs. Priority for Main Street Improvement Program grants shall be given to existing designated Main Street Maryland communities and existing designated Maple Street communities. If Program funds remain unobligated at the end of the 6th month of a fiscal year, priority thereafter shall be given also to local jurisdictions or nonprofit organizations, or both, that are operating downtown revitalization projects in business districts with a significant number of historic commercial buildings. Grant funds may be used to pay for costs associated with projects which support the development or revitalization of business districts, including: Gateway, directional, or highway signage associated with a business district; Acquisition, development, or improvement of property associated with projects which will assist the development or revitalization of a business district; Facade improvement programs; Public improvements to business districts, such as: Sidewalk repair and replacement; Thoroughfare and public lighting; Street furniture; Landscaping; Trash cans; and Banners; Engineering and architectural design studies for: Key properties; Parking; and Market and business recruitment strategies which will improve a business district; Demolition of vacant and abandoned buildings; Promotional materials, such as: Advertising campaigns; Brochures; Banners; and Shopping bags; Other projects that have been identified in the applicant's work plans as key to its Main Street efforts; and Operating assistance for Main Street Maryland managing organizations. Grant funds may be used to pay for costs associated with projects that support the development or revitalization of residential areas in Maple Street communities, including: Operating assistance for Maple Street managing organizations; Developing and implementing a mixed-income strategy for acquisition and rehabilitation of residential properties; Developing and implementing strategies for improving the physical appearance of the neighborhood; Attracting development to reuse vacant or underutilized properties for mixed-use and mixed-income purposes; Increasing community safety; Improving streetscapes; Increasing the number of parks and open spaces; Improving existing parks and open spaces; Improving public infrastructure that serves Maple Street communities; and Other projects that have been identified in the applicant's work plans as key to its Maple Street community efforts. A project shall be located within a priority funding area identified under State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland. Grant Allocation. Grant funds shall be allocated in accordance with the criteria set forth in Regulation .07B of this chapter. Grant awards to eligible applicants shall take into consideration the need to fund a variety of projects, and to serve as many geographic areas of the State as possible. The Department may refuse to consider applications with incomplete information. The Department may make grant awards to particular projects and decline to make awards to otherwise eligible projects, based on the Department's assessment of the project's overall merit and its merit relative to competing applicants. The Department may fund projects at levels less than requested based on the: Number of applications; Merit of each project; and Amount of funding available. Application Solicitation. The Department shall solicit applications for grants under the Program, subject to the availability of Program funds. At the beginning of each fiscal year in which Program funds are available, the Department shall issue announcements of the availability of funds under the Program to active Main Street Maryland communities. If any Program funds remain unobligated at the end of the 6th month of a fiscal year, the Department shall issue announcements of the availability of any remaining funds under the Program to: Active Main Street Maryland communities; and Local jurisdictions or nonprofit organizations, or both, which are operating downtown revitalization projects in business districts with a significant number of historic commercial buildings. The announcements in §B(2) and (3) of this regulation shall consist of a description of the application process, total anticipated funding available for eligible grantees, and activities eligible for funding. Grant Awards. A single local jurisdiction may not be awarded more than 25 percent of the total Program funds for a fiscal year unless, at the end of the 8th month of a fiscal year, all of the Program funds have not been committed. Local jurisdictions may not receive more than two grants in a fiscal year. The maximum amount of any one grant may not exceed the amount indicated in §C(1) of this regulation. Local Contributions. A local contribution of cash from or on behalf of the local jurisdiction is required. The local contribution shall equal or exceed the grant amount. The local contribution may be derived from private funds or public funds other than State funds. The local contribution shall be used in the project funded by a grant under the Program. The period of a grant may not exceed 12 months, unless the Director agrees in writing to an additional grant period. Extensions may be granted in the Director's discretion only for one period of not more than 3 months. With the approval of the Department, a local jurisdiction may distribute all or a portion of a grant to a property owner or business in a business district, or other nonpublic entities which will be involved in a project. The local jurisdiction, however, shall remain responsible for the proper utilization, distribution, and administration of grant funds. The Department may establish any other reasonable and necessary terms and conditions in an agreement evidencing the grant. Applications shall be made upon standard forms prescribed by the Department. Each application shall include sufficient information and documentation to determine the: Type of project; Cost of a project; Support for a project by a local jurisdiction, the property owners and businesses in a business district, and the community surrounding a business district; and Type and amount of the local contribution required under Regulation .06A of this chapter. The Department shall undertake a review of each application. The Department shall take the following factors into consideration in reviewing applications: Cost of a project; Relationship of a project to existing revitalization programs and plans in the local jurisdiction; Support of a local jurisdiction for a project; Support of the business district and the community surrounding a business district for a project; Time frame for completion of a project; Benefit of a project to the business district and the surrounding community; and Other factors which the Department considers relevant. The Director shall recommend grants to the Secretary for approval. Upon the Secretary's approval of a grant, the Director is authorized to issue an award letter to the successful applicant setting forth the amount of the grant. The Department shall enter into a grant agreement with each successful applicant. A community must be located within a priority funding area identified under State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland, to be eligible for a Maple Street community designation. An application submitted to the Department for designation as a Maple Street community shall: Be on a form approved by the Department, which may be in electronic or paper form; Be submitted by a date to be determined by the Department; and Contain the information and supporting documentation required by the Department. In evaluating applications for a Maple Street community designation, the Department will take into consideration the following factors: Demonstration that the residential revitalization strategy will build upon and reinforce the progress of the Main Street Maryland revitalization strategy; The relationship of the proposed Maple Street community boundary to the existing Main Street community; An adequate local budget of at least 3 years and evidence of continuous funding commitment from public and private organizations; Strength of the commitment from local government and private sector organizations to provide sustained support for a local Maple Street community program; Organizational and financial capacity of the applicant; Experience of the applicant to implement a residential revitalization strategy and the value of that strategy on the community; Population and housing stock of the community; Historic architectural resources of the community and evidence of a local historic preservation ethic and commitment to historic preservation; Willingness of sponsors to develop and implement a mixed-income housing strategy as evidenced by the strategies and goals outlined in the Maple Street framework provided in the application; and Presence of revitalization designations. Application Review. Applications will be reviewed by a selection committee approved by the Department for consistency with selection criteria. The selection committee will forward recommendations to the Secretary. The Secretary may approve, reject, or accept with modifications the selection committee's recommendations. Except as otherwise set forth in this chapter, the Department designates the Division to administer all aspects of the Program, and to be a party to each agreement executed in connection with a grant. Except as otherwise set forth in this chapter, the Department designates the Division to administer all aspects of the Maple Street Program, and to be a party to each agreement executed in connection with a grant. Other action or decision required or permitted to be taken by the Department under this chapter may be taken by the Director, or the designees of the Director. Local jurisdictions shall maintain such books, accounts, and records and shall file with the Department such financial and other reports as the Department may require. All of these books, accounts, and records shall be open to the inspection of the Department or other agencies of the State during reasonable working hours. Local jurisdictions and approved nonprofit organizations may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, or age, except with regard to age as permitted under the federal Housing for Older Persons Act, as amended from time to time, or other similar federal laws, in any aspect of the Program, or in any aspect of employment by any local jurisdiction and approved nonprofit organization in connection with any project financed or assisted under the Program. Each local jurisdiction and approved nonprofit organization shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, credit practices, and drug and alcohol free workplaces, including: Titles VI and VII of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; The Americans with Disabilities Act of 1990, as amended; The Fair Housing Amendments Act of 1988, as amended; The Department’s Minority Business Enterprise Program, as amended; The Governor’s Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out the requirements of that Order; and State Government Article, Title 20, Annotated Code of Maryland, as amended. Covenants implementing these requirements, including affirmative action measures, shall be included in appropriate agreements between the Department and other parties. The Secretary may waive or vary the provisions of this chapter to the extent that the waiver or variance is consistent with the legal authorizations for the Program, if, in the written determination of the Secretary, the application of a regulation in a specific case, or in an emergency situation, would be inequitable or contrary to the purposes of the Program. A person may not knowingly make or cause to be made any false statement or report in a document required to be furnished to the Department by any agreement relating to the Program. Housing and Community Development Article, §6-102, Annotated Code of Maryland Effective date: April 16, 1990 (17:7 Md. R. 847) Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 273) Regulation .05C amended effective February 1, 1993 (20:2 Md. R. 112); February 28, 1994 (21:4 Md. R. 273) Regulation .08 amended effective February 28, 1994 (21:4 Md. R. 273) Regulation .08C and D amended effective February 1, 1993 (20:2 Md. R. 112) Regulation .08-1 adopted effective February 28, 1994 (21:4 Md. R. 273) Regulation .11B amended effective February 1, 1993 (20:2 Md. R. 112) Chapter recodified from COMAR 05.07.06 to COMAR 05.13.02 effective September 6, 1999 (26:18 Md. R. 1373) Regulation .02B amended effective September 6, 1999 (26:18 Md. R. 1373) Regulation .08 amended effective September 6, 1999 (26:18 Md. R. 1373) Regulation .09 amended effective September 6, 1999 (26:18 Md. R. 1373) Regulations .01—.13, Main Street Improvement Grant Program, repealed effective October 15, 2001 (28:20 Md. R. 1779) Regulations .01—.12, Main Street Improvement Program, adopted effective October 15, 2001 (28:20 Md. R. 1779) Chapter revised effective October 20, 2008 (35:21 Md. R. 1823) Regulation .02B amended effective January 20, 2014 (41:1 Md. R. 12) Regulation .11 amended effective March 16, 2015 (42:5 Md. R. 485)