D.C. Mun. Regs. tit. 10, r. 10-B6001

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 10-B6001 - DETERMINATION OF SPECIAL MERITS

6001.1

Except for the determination required of the OCFO pursuant to Section 4(c)(3) of the TIF Act, the designation of Special Merits is within the discretion of the ODMPED.

6001.2

In evaluating whether a Project has Special Merits, ODMPED will take into consideration the criteria set forth in this subsection. The ODMPED will be entitled to give priority or more weight to any one of these criteria based on its view of the current needs of the District or as directed by law. These criteria are not intended to be used in a mathematical equation; consequently, mere compliance with a majority of these criteria does not guarantee a designation of Special Merits. The following criteria shall be used by the ODMPED to determine Special Merits:

(a) the quantity and quality of housing units (both rental and owner-occupied) to be constructed by the Project that are affordable to low-and-moderate-income residents;

(b) the quantity and quality of housing units that are available and accessible to physically or mentally challenged persons;

(c) the quantity of permanent full time jobs and part time administrative, managerial, technical and service jobs that will be generated during construction and operation of the Project after its completion that pay 10% or more above Minimum Wage;

(d) the quantity of the jobs set forth in subparagraph (c) above that pay wages that are equal to or exceed the prevailing wages in comparable jobs in the area;

(e) the quantity of jobs generated during construction of the Project that pay 10% or more above the Minimum Wage;

(f) the quantity of jobs generated during construction of the Project that will pay Davis Bacon wages;

(g) the amount of expected Local Small Disadvantaged Business Enterprise ("LSDBE") participation in the Project above the LSDBE Minimum Requirement;

(h) the extent to which the Project is expected to serve as a catalyst for other related development, particularly development that will not require additional public subsidy;

(i) the extent to which the Project will increase property values and growth in net tax revenue collection by the District;

(j) the extent to which the Project takes unproductive property and makes it more productive and profitable to the District from the standpoint of tax revenue generation;

(k) the history of efforts to develop the proposed site of the Project;

(l) the extent to which the Project is a rehabilitation of an historically significant site;

(m) the amount of direct and indirect tax revenues that will flow to the District after payment of debt service on the TIF Bonds;

(n) the extent to which the Project draws new and diverse businesses into the District, both in terms of the quantity of employers and the types of businesses (e.g., high-tech companies and scientific research companies);

(o) the extent to which the Project reduces the need for other direct expenditures by the District, such as for streets, traffic controls, and sewers that otherwise would be funded from the General Fund;

(p) the extent to which the Project maximizes the use of the District's public transportation infrastructure or enhances the utilization of mass transit facilities;

(q) the extent to which the Project provides parking in excess of legal requirements;

(r) the extent to which the Project improves environmental air, water, and soil quality within the District;

(s) the extent to which the Project provides community meeting and recreational space;

(t) the extent to which the Project will have a positive effect on tourism by increasing the quantity of tourists who come to the District, the length of their stay, or the amount of money that they spend, or by enhancing the experience of tourists in the District in a manner that strengthens the District's reputation as an important and attractive tourist destination;

(u) the extent to which the Project contributes to the expansion of shopping, dining, cultural, and educational activities in the Downtown Area;

(v) the extent to which the Project will improve the vitality or economic health of a neighborhood commercial center or corridor;

(w) the extent to which the Project will encourage activities within the District, including the production and performance or display of works of art including, but not limited to, music, drama, dance, film, and writing;

(x) the extent to which the Project will enhance a District-sponsored or supported development project which already has been approved or is already developed.

6001.3

Any application for tax increment financing that was filed with the OCFO prior to April 30, 2001, was the subject of a favorable Special Merits ruling issued in the form of a memorandum from the ODMPED to the OCFO prior to April 30, 2001, and was approved by resolution of the Council of the District of Columbia prior to April 30, 2001, shall be deemed to have Special Merits as defined by this rulemaking.

D.C. Mun. Regs. tit. 10, r. 10-B6001

Final Rulemaking published at 53 DCR 7009 (August 25, 2006)