N.H. Admin. Code § Cdfa 310.01

Current through Register No. 50, December 12, 2024

Section Cdfa 310.01 - Threshold Application Requirements

(a) All applicants shall document in their application compliance with the statutory requirements of RSA 162-L:14, prior to the application deadline by providing the following:

(1) Evidence of the authority it received from its citizenry, such as, town meeting, county convention, or city council, to apply for a CDBG grant;

(2) In the case of a joint application as described in Cdfa 306.01(f):

a.Copies of all necessary intergovernmental agreements; and

b.Relevant minutes of meetings and authorizations;

(3) Evidence of compliance with statutory public notice and hearing requirements; and

(4) Evidence of authorization by the relevant governing body to its chief executive officer to apply.

(b) Evidence of compliance for (a)(3) shall include, at a minimum, documentation of the following:

(1) Proper notice;

(2) Posting;

(3) Publication; and

(4) Minutes of at least one public hearing held to provide citizens with information and an opportunity for oral and written comment.

(c) In addition to the state statutory requirements in (a), the applicant shall document in the application compliance with the following requirements of the federal act:

(1) All applicants shall submit a housing and community development plan which shall:

a.Identify community development and housing needs which currently exist or are anticipated during the next 3 years;

b.Specify both short-and long-term community development objectives which are consistent with the national and state objectives listed in Cdfa 305.01 above; and

c.State, as a matter of policy, that involuntary displacement of households from their neighborhoods shall be minimized;

(2) If a proposed activity(ies) might have a significant environmental impact under the National Environmental Policy Act of 1969, as amended, the entire project shall be reviewed as part of the scoring and site visit process;

(3) If activities that have a significant environmental impact are eliminated, the remainder of the application shall be scored; and

(4) The applicant shall document compliance with 42 U.S.C. 3531, the HUD Reform Act of 1989.

(d) If a housing and community development plan is currently on file at the authority and has been adopted no more than 3 years prior to submission of an application, the applicant may submit a summary.

(e) If a housing and community development plan has been revised, an update shall also be submitted.

(f) The applicant shall provide as part of the housing and community development plan, or its update, the minutes of the public hearing held to obtain citizen's comments on the plan.

(g) The notice and hearing requirements of RSA 162-L:14 shall be met.

(h) The hearing on the housing and community development plan may occur at the same time as the one held on the CDBG application, or it may be held at a separate time.

(i) Subsequent to the public hearing but before the filing of an application, the housing and community development plan shall be adopted by the municipality's governing body.

(j) In order to be eligible to apply for a fourth housing grant, the applicant shall:

(1) Have adopted a housing code for existing housing that is separate and distinct from the building code; and

(2) Maintain a housing inspection program, including a provision for a housing inspector.

(k) In order to be eligible to apply for a water or sewer grant, the New Hampshire department of environmental services shall have determined that the improvement shall be required for public health and safety for municipal, village district or public utilities commission regulated private, water or sewer systems.

(l) A municipal or village district water or sewer system shall be eligible for financial assistance only if it meets the following criteria:

(1) Its current annual metered residential water rate, or current annual sewer rate, whichever applies, for either 12,000 cubic feet or 90,000 gallons per year shall:

a.Exceed one percent of the moderate family income from the latest decennial census;

b.Exceed 2 percent of the moderate family income from the latest decennial census for combined residential water and sewer rates for that level of use; or

c.Exceed the levels in a. or b. above upon completion of the proposed project.

(m) A private or county water or sewer system shall be eligible for financial assistance only if the following conditions are met:

(1) A private water system shall be eligible to receive financial assistance from an applicant municipality or county only if rate approval shall be required by the New Hampshire public utilities commission; and

(2) A county water or sewer system serving primarily institutionalized populations shall be eligible only if matching funds authorized for such improvements meet or exceed $1,500 per bed.

(n) In order to be eligible to apply for a public property grant, the applicant shall have a minimum match ratio of 1:1 of CDBG funds to firmly committed non-CDBG funds.

(o) In order to be eligible to apply for an economic development activity under Cdfa 307.01, the applicant shall document the following:

(1) A minimum match ratio of 1:1 of firmly committed matching funds to CDBG funds;

(2) That the project creates or retains a minimum of one job for every $20,000 of CDBG funds requested; and

(3) Either of the following:

a.That at least 60% of the jobs shall be taken by or are presently occupied by low and moderate income persons; or

b.Where existing jobs are to be retained and are not presently occupied by at least 60% low and moderate income persons but can be expected to meet this percentage prior to project closeout and where the applicant requires the business(s) to meet this percentage benefit, then the project shall be deemed eligible.

(p) The threshold requirements of (k), (l) and (m) shall not apply to the following:

(1) The cost of water meters or of water or sewer connections either between or immediately fronting the residential structures of low and moderate income households; and

(2) The cost of new wells or of water or sewer line extensions to service areas in support of a housing or an economic development project.

(q) In order to be considered for a microenterprise development grant, the applicant shall meet the following criteria:

(1) The applicant must show that both lending and technical assistance will be available, even if only one area is to be funded by the grant application;

(2) A minimum match ratio of 1:2 firmly committed matching funds to CDBG funds is required, except for projects which seek CDBG funds solely to provide training and/or technical assistance services; and

(3) A minimum of one eligible beneficiary shall be served for each $5,000 in CDBG funds requested.

N.H. Admin. Code § Cdfa 310.01

(See Revision Note at chapter heading for Cdfa 300) #8387, eff 6-29-05