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<regulation prefix="Regulation" num=".11" citation="COMAR 24.05.11.11" title_num="24" subtitle_num="05" chapter_num="11" heading="Mandatory Requirements for Designation of a BRAC Revitalization and Incentive Zone.">
  <paragraph num="A.">
    <text>A political subdivision shall demonstrate in its application that an area meets all of the following requirements in order to receive the Secretary's designation of the area as a zone:</text>
    <paragraph num="(1)">
      <text>That the area is located within a priority funding area;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>That the area is served by a public or community water and sewer system, or is planned to be served by a public or community water and sewer system under the approved 10-year water and sewer plan;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>That the area is designated by the political subdivision for mixed use development that includes residential uses as part of the mix of land uses;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>That, at the time of the filing of the application, the area has an average density of at least 3.5 units per acre, calculated in accordance with State Finance and Procurement Article, §5-7B-03, Annotated Code of Maryland, in that part of the area designated for residential use or development; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If a political subdivision is authorized under Tax-Property Article, §7-211.3, Annotated Code of Maryland, to enter into a PILOT agreement with a private developer for a federal enclave property, that the political subdivision has entered into good faith negotiations, in the judgment of the Secretary, for a PILOT agreement with all private developers of federal enclave property within the county.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Secretary may withhold designation of an area proposed to be designated as a zone until a political subdivision has entered into PILOT agreements with some or all private developers for federal enclave property within the county on terms satisfactory to the Secretary.</text>
  </paragraph>
</regulation>