D.C. Mun. Regs. tit. 10, r. 10-B6604

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

Rule 10-B6604 - APPLICATION REVIEW

6604.1

DMPED shall review each application submitted in the order in which it is received. DMPED shall assess each application, and give preference to applications, based on the benefit of the proposed development to the area surrounding the parcel and the District, as a whole, as described in the competitive process.

6604.2

Within thirty (30) business days after receiving a complete application, DMPED shall review the application and either:

(a) Approve the application;

(b) Deny the application;

(c) Request additional information from the applicant; or

(d) Inform the applicant that additional time is needed to complete the review v

6604.3

DMPED shall determine the amount of a tax abatement award based on a development's financial feasibility and need, as evidenced by the pro formas or other financial analyses submitted as part of the application.

6604.4

If DMPED approves an application, DMPED shall transmit an eligibility and reservation letter to the applicant that:

(a) Confirms the real property is eligible for a tax abatement and that DMPED has reserved a tax abatement for the development;

(b) States the annual dollar amount of the abatement, which may be less than the amount requested in the application;

(c) Identifies the conditions that must be met, including dates certain of entitlement and construction milestones for the development, to avoid a forfeiture of the tax abatement reservation and to be eligible to receive a tax abatement certification; and

(d) Details the information required to be submitted by the applicant and the process to request a certification of tax abatement.

6604.5

If an application is submitted that is not complete, DMPED shall transmit to the applicant either a denial letter or a request for additional information required for consideration of the application.

6604.6

If DMPED denies an application, DMPED shall transmit to the applicant a denial letter that shall state the reason for the denial.

6604.7

DMPED shall deny an application if:

(a) The amount of the tax abatement requested would place the total allocated funding for the abatement program above the maximum amount set forth in §§6601.2 of this chapter;

(b) The real property is ineligible for the abatement; or

(c) DMPED determines that the benefits to the District are inadequate or that other competitive proposals provide more benefit to the District.

D.C. Mun. Regs. tit. 10, r. 10-B6604

Final Rulemaking published at 71 DCR 3248 (3/22/2024)