[HISTORY: Adopted by the Mayor and Council of the Town of
Lonaconing as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-4-2013 by Ord. No. 01-2013]
The Town of Lonaconing will take every preventable action to
minimize the involuntary displacement of persons or businesses when
using federal funds received from the Maryland Community Development
Block Grant funds as a source of funding in our projects. In the event
that displacement occurs, the Town of Lonaconing hereby agrees to
comply with all requirements of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 ("URA"), as amended,
as described in 49 CFR Part 24, and with the Housing and Community
Development Act of 1974 ("HCD Act of 1974"), as amended, as described
in 24 CFR Part 42.
A.Â
The Town of Lonaconing will provide relocation assistance as required
under the URA to all persons or businesses displaced as a direct result
of assisted activities. They shall be provided relocation benefits
which, at a minimum, include:
B.Â
Low- and moderate-income households displaced by the acquisition
or demolition of housing or by the conversion or rehabilitation of
low- and moderate-income dwellings to another use are entitled to
additional benefits under the requirements of 24 CFR 42.350. These
additional benefits include:
C.Â
Additionally, legal low- and moderate-income tenants are also eligible
for referral to at least one suitable, decent, safe and sanitary replacement
dwelling unit.
(1)Â
The Town of Lonaconing shall advise tenants of their rights under
the Federal Fair Housing Act, 42 U.S.C. §§ 3601 to
3619, and of replacement housing opportunities in such a manner that,
wherever feasible, they will have a choice between relocation within
their neighborhood and other neighborhoods; and
(2)Â
Each person must be offered rental assistance equal to 60 times the
amount necessary to reduce the monthly rent and estimated average
monthly cost of utilities for a replacement dwelling (comparable replacement
dwelling or decent, safe, and sanitary replacement dwelling to which
the person relocates, whichever costs less) to the "total tenant payment."
All or a portion of this assistance may be offered through a certificate
or voucher for rental assistance (if available) provided under Section
8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f.
D.Â
In addition, in consideration of the financial assistance received
from the Maryland CDBG Program, particularly when such assistance
is used for acquisition, rehabilitation, demolition, or conversion
which results in temporary relocation, the Town of Lonaconing agrees
to assist either the temporarily displaced residential or business
tenant or owner-occupant during the time he or it is displaced. Those
receiving temporary relocations shall receive at a minimum:[1]
A.Â
In the event that low- and moderate-income dwelling units are demolished
or converted to a use other than as low/moderate-income housing, the
Town of Lonaconing will replace all units that were occupied or were
vacant but deemed occupiable as required under Section 104(d) of the
HCD Act of 1974, as amended.
B.Â
All replaced housing will be provided within three years of the commencement
of the demolition or rehabilitation relating to conversion. Before
obligating or expending funds that will directly result in such demolition
or conversion, the Town of Lonaconing will make public and submit
to the Maryland CDBG Office the following information in writing:
(1)Â
A description of the proposed assisted activity;
(2)Â
The location on a map and number of dwelling units by size (number
of bedrooms) that will be demolished or converted to use other than
as low/moderate-income dwelling units as a direct result of the assisted
activity;
(3)Â
A time schedule for the commencement and completion of the demolition
or conversion;
(4)Â
The general location on a map and approximate number of dwellings
units by size (number of bedrooms) that will be provided as replacement
dwelling units;
(5)Â
The source of funding and a time schedule for the provision of replacement
dwelling units; and
(6)Â
The basis for concluding that each replacement dwelling unit will
remain a low/moderate-income dwelling for at least 10 years from the
date of initial occupancy.
A.Â
The Town of Lonaconing will take every preventable action to minimize
the involuntary displacements of persons or businesses during the
implementation of our CDBG funded projects. Examples of actions that
may be taken include:
(1)Â
Stage rehabilitation of assisted housing to allow tenants to remain
during and after rehabilitation, working with empty buildings or groups
of empty units first, so they can be rehabilitated first, and tenants
moved in before rehabilitation of occupied units or buildings is begun.
(2)Â
Establish temporary relocation facilities in order to house families
whose displacement will be of short duration, so they can move back
to their neighborhoods after rehabilitation or new construction.
(3)Â
Provide counseling to assist homeowners and renters to understand
the range of assistance that may be available to help them in staying
in the area being revitalized.
B.Â
The Town of Lonaconing may enter into a written agreement with a
subrecipient, or the owner of the assisted property, under which either
may pay all or part of the cost of the required relocation assistance.
C.Â
The Town of Lonaconing understands the cost of relocation assistance
and other benefits shall be paid from CDBG funds or such other funds
as may be available from any source, including the jurisdiction's
general fund.
D.Â
The Town of Lonaconing will refer owners and/or tenants to the State
CDBG Program if there is a disagreement with the determination that
these requirements do not apply to an acquisition or a displacement.
E.Â
The Town of Lonaconing will prepare a specific relocation plan in
the event that funding is requested for a project where it is known
that displacement will occur.
[Adopted 3-4-2013 by Ord. No. 02-2013]
A.Â
The Town of Lonaconing has adopted this Citizen Participation Plan
to meet the citizen participation requirements of 24 CFR 570.486 and
24 CFR 91.115(e). Regulations require that each unit of general local
government receiving or expecting to receive community development
block grant funds:
(1)Â
Provide for and encourage citizen participation, particularly by
low- and moderate-income persons who reside in slum or blighted areas
and areas in which CDBG funds are proposed to be used.
(2)Â
Ensure that citizens will be given reasonable and timely access to
local meetings, information and records relating to the unit of general
local government's proposed and actual use of CDBG funds.
(3)Â
Furnish citizens information including but not limited to:
(a)Â
The amount of CDBG funds expected to be made available for the
current fiscal year (including the grant and anticipated program income);
(b)Â
The range of activities that may be undertaken with CDBG funds;
(c)Â
The estimated amount of the CDBG funds proposed to be used for
activities that will meet the national objective of benefit to low-
and moderate-income persons; and
(d)Â
The proposed CDBG activities likely to result in displacement
and the unit of general local government's anti-displacement and relocation
plans required under 24 CFR 42.325.
(4)Â
Provide technical assistance to groups representative of persons
of low and moderate income that request assistance in developing proposals
in accordance with procedures developed by the state. Such assistance
need not include providing funds to such groups.
(5)Â
Provide for a minimum of two public hearings, each at a different
stage of the program, for the purpose of obtaining citizens' views
and responding to proposals and questions. Together the hearings must
cover community development and housing needs, development of proposed
activities and a review of program performance. Public hearings to
cover community development and housing needs must be held before
submission of an application to the state. There must be reasonable
notice of the hearings and they must be held at times and locations
convenient to potential or actual beneficiaries, with accommodations
for the handicapped. Public hearings shall be conducted in a manner
to meet the needs of non-English-speaking residents where a significant
number of non-English-speaking residents can reasonably be expected
to participate.
(6)Â
Provide citizens with reasonable advance notice of, and opportunity
to comment on, proposed activities in an application to the state
and, for grants already made, activities which are proposed to be
added, deleted, or substantially changed from the unit of general
local government's application to the state. "Substantially changed"
means changes made in terms of purpose, scope, location or beneficiaries
as defined by criteria established by the state.
(7)Â
Provide citizens the address, phone number and times for submitting
complaints and grievances and provide timely written answers to written
complaints and grievances, within 15 working days where practicable.
B.Â
CDBG funded activities may serve beneficiaries outside the jurisdiction
of the unit of general local government that receives the grant, provided
the unit of general local government determines that the activity
is meeting its needs in accordance with Section 106(d)(2)(D) of the
Housing and Community Development Act.[1]
A.Â
The Town of Lonaconing will provide reasonable access to records
and information on the proposed and actual use of CDBG funds upon
request, either verbal or written, at the next scheduled monthly Town
meeting.
B.Â
Where possible, the Town of Lonaconing will provide copies of documents
or access to copying services to citizens or groups requesting information
at their own expense. Information will be furnished to citizens through
public notice in the Record Observer and Times Record newspapers of
general circulation. The Town of Lonaconing may also provide additional
information to its citizens about the CDBG Program through articles
in local newspapers, community bulletins posted at Town post office,
newsletters and/or at presentations made at the monthly Town meeting
and specially scheduled informational Town meetings. The Town of Lonaconing
will hold at least one public hearing to receive input by citizens
on the housing and community development needs of the jurisdiction
and to discuss the development of proposed activities. This hearing
will be held prior to submission of an application for CDBG funds.
The public notice will state that the following will be discussed:
(1)Â
The amount of CDBG funds available;
(2)Â
The range of activities that may be undertaken with CDBG funds;
(3)Â
The estimated amount of the CDBG funds proposed to be used for activities
that will meet the national objective of benefit to low- and moderate-income
persons; and
(4)Â
The plans of the Town of Lonaconing likely to result in displacement
and the unit of general local government's anti-displacement and relocation
plans required under 24 CFR 42.325.
C.Â
If the MD CDBG Program funds the activity, a second hearing on program
performance must be held at some point during the grant period after
the activity has been initiated.
D.Â
The MD CDBG Program requires that notice of a public hearing be published
in a newspaper of general local circulation no less than five days
in advance of the hearing. Hearings will be held at times and locations
convenient to actual or potential beneficiaries and at locations accessible
to the disabled. Documentary evidence that the required notices are
published and public hearings are held in accordance with the plan
will be maintained.
E.Â
Copies of the actual notices and/or affidavits shall be a part of
the files, in addition to minutes of the hearings. Written minutes
of the hearing and an attendance roster will be maintained by the
Town Administrator and duplicates will be stored in the CDBG file
for each individually funded project.[1]
F.Â
If necessary the Town will make arrangements for a translator when
it is expected that non-English-speaking persons will participate.
Similarly, a signer shall be provided for a deaf or mute participant.
If special accommodations are necessary, however, requests should
be made to the Town Mayor or Administrator with at least 10 days'
advance notice.
G.Â
The Town of Lonaconing will make every effort to provide citizens
an opportunity to comment on the proposed activities in an application
to the state. All monthly meetings are open to the public and an opportunity
for comment is provided. Written comments may be sent to the Town
at Town of Lonaconing, 7 Jackson Street, Lonaconing MD 21539.
When requested to provide technical assistance to groups representative
of persons of low and moderate income, the Town of Lonaconing will
assist if possible. Files shall document meetings between the group
and the local government. If staff capacity to assist does not exist,
the Town may offer a referral to the state or to a consultant who
can provide the necessary expertise.
A.Â
Citizens who wish to submit a complaint or grievance may do so in
writing to: Town of Lonaconing, 7 Jackson Street, Lonaconing MD 21539.
B.Â
They are also welcome to appear at the Town's monthly meeting to
speak with the Council. The Town of Lonaconing shall make reasonable
effort to provide a response in writing to complaints or grievances
within 15 working days.
The Town of Lonaconing will provide citizens notice of and opportunity
to comment on substantial changes to grants already made, including
changes in the purpose, scope, location or beneficiaries. This can
be achieved through public notice describing the change and establishing
a comment period or through a public hearing.