Md. Code Regs. 05.23.01.03

Current through Register Vol. 52, No. 1, January 10, 2025

Section 05.23.01.03 - Public Health Impact Assessment Required

A. Before a qualified project is authorized to exceed the density in an area zoned for nonresidential use under Land Use Article Title 7, Subtitle 5, Annotated Code of Maryland, the entity responsible for the qualified project shall:

(1) Conduct a public health impact assessment;

(2) Submit the public health impact assessment to the Department; and

(3) Receive approval of the public health impact assessment from the Department.

B. A public health impact statement submitted to the Department under this chapter shall include:

(1) An environmental assessment;

(2) A project overview; and

(3) An area overview.

C. An entity responsible for a qualified project that has applied for funding or financing from the Department shall only be required to submit the information required for the project overview and the area overview to the extent that the information has not been provided to the Department in its application and/or market study.

D. An environmental assessment under this chapter shall be completed by a qualified environmental professional and shall include:

(1) An examination of the method of water supply and sewage disposal for the project;

(2) A review of available documentation describing existing and previous building uses and building materials used on the project site;

(3) Interviews with previous owners and/or occupants of the project site to determine any prior use of the site;

(4) Interviews with owners and/or occupants of other properties in the immediate area to determine historical neighboring land use and the probability of contamination;

(5) An evaluation of the project site for pertinent environmental issues, including:

(a) Foundation conditions;

(b) Man-made hazards;

(c) Stormwater runoff;

(d) Underground storage tanks; and

(e) Potential for hazards involving lead-based paint, radon gas, mold, asbestos, and PCBs;

(6) An evaluation of any other potential health hazards on or in close proximity to the project site;

(7) An evaluation of any environmental conditions particular to the project site;

(8) An evaluation of the proximity of the project site to any industrial facilities or other features that could potentially create a health hazard; and

(9) An evaluation of any mitigation of potential hazards.

E. A project overview under this chapter shall include detailed information regarding:

(1) The proposed design of the project;

(2) The number and type of housing units in the project;

(3) The number of housing units affordable to families at or below 60 percent of the local area median income;

(4) The monthly rent for market-rate and affordable units in the project;

(5) Amenities and other project details; and

(6) A summary of the zoning for the project site.

F. An area overview under this chapter shall include detailed information regarding:

(1) The demographics of the area surrounding the project site, including:

(a) Age;

(b) Race and ethnicity;

(c) Educational attainment;

(d) Financial status;

(e) Life expectancy;

(f) Infant mortality; and

(g) Population density;

(2) Proximity of the project site to highways and transit;

(3) Proximity of the project site to other local amenities; and

(4) Access of the project site to services including:

(a) Hospitals;

(b) Fire departments; and

(c) Schools, including institutions of higher education.

G. An entity responsible for a qualified project subject to this chapter shall submit its public health impact assessment to the Department:

(1) For projects for which the entity has applied for funding or financing through the Department:

(a) If applicable, as part of the Viability or Viability/Commitment package submitted to the Department; or

(b) For tax credit-only projects, at least 90 days before closing;

(2) For projects for which the entity has not applied for funding or financing through the Department, at the time the density bonus is requested via form available on the Department's Multifamily Library web page.

Md. Code Regs. 05.23.01.03

Regulation .03 adopted effective 51:26 Md. R. 1186, eff. 1/6/2025.