3. Name of Applicant - Person authorized to submit this
application on behalf of the above entity. Fill out the Contact Person's Name,
Title, Address. Phone, Fax and Email - with link to Applicant and Person authorized to submit this application on behalf of the above entity.
I. Definitions
"Local entity" means a county, city, or town.
"Open land" means land that is preserved
in or restored to a predominantly natural, open, and undeveloped condition; and
used for:
. Wildlife habitat
. Cultural or recreational use
. Watershed protection
. Another use consistent with the preservation of the land in or
restoration of the land to a predominantly natural, open, and undeveloped
condition.
"Open land" does not include land whose predominant use is as a
developed facility for active recreational activities, including baseball,
tennis, soccer, golf, or other sporting or similar activity.
The condition of land does not change from a natural, open, and undeveloped
condition because of the development or presence on the land of facilities,
including trails, waterways, and grassy areas, that:
. Enhance the natural, scenic, or aesthetic qualities of the land; or
. Facilitate the public's access to or use of the land for the enjoyment
of its natural, scenic, or aesthetic qualities and for compatible recreational
activities.
"Agricultural Land" means land
devoted to the raising of useful plants and animals with a reasonable
expectation of profit, including:
. Forages and sod crops
. Grains and feed crops
. Livestock
. Trees and fruits
. Vegetables, nursery, floral, and ornamental stock
. Land devoted to and meeting the requirements and qualifications for
payments or other compensation under a crop-land retirement program with an
agency of the state or federal government
"Affordable housing" means housing occupied or reserved for
occupancy by households with a gross household income equal to or less than 80%
of the median gross income of the applicable municipal or county statistical
area for households of the same size.
II. Eligible Applicants
A city, town, county, the Utah Department of Natural Resources, the Utah
Department of Agriculture and Food, and charitable organizations that qualify
as tax exempt under Section 501 (c)(3) of the Internal Revenue Code may apply
for funds.
III. Funding Awards
Loans or grants may be awarded. There is no specific limit on amounts that may
be requested. However, funds are limited and the application process is
competitive. The Commission must consider the number of actual and potential
applications for financial assistance and the amount of money sought by those
applications.
Applicants must provide matching funds equal to or greater than the amount of money received from the Fund.
IV. Use of Funds
All money from the fund must be used to preserve or restore open
lands and agricultural lands. Eligible costs include the acquisition of a
conservation easement or fee title and restoration costs such as grading,
re-channeling, vegetation, and others. Each interest in real property purchased
with money from the Fund, whether fee title or an easement, must be held and
administered by the state, a county, a city or a town. A fee interest
in real property may be purchased ONLY IF the parcel is no
more than 20 acres in size. In counties where 50% or more of the total land
mass is publicly owned, a parcel of similar size must be contemporaneously
transferred to private ownership from the governmental entity that purchased
the fee interest.
V. Application Requirements
All applicants must submit a completed application cover sheet and supporting
documentation, including the following 10 materials:
. Appraisal
. Conservation easement (if available)
. Site map
. Letters and resolutions of support from local governments (Include city,
town, county, special service districts, local legislators, others)
. Update of the information provided on the pre-application form
. Phase one environmental assessment (If not available, it will be
required before funding)
. IRS Letter (If applicant is a 501(c)(3) organization
. Project time line
. Project budget showing costs of acquisition, restoration and long term
preservation
. Project narrative of no more than 10 pages addressing the
evaluation criteria of the Quality Growth Commission as described in Part VII
VI. Quality Growth Act Requirements
The Quality Growth Act established the following criteria that the Quality
Growth Commission must consider when reviewing applications:
. If the assistance is in the form of a loan, the ability
of the borrower to repay the loan*
. The nature and amount of open land/agricultural land
proposed to be preserved or restored*
. The qualities of the open land/agricultural land
proposed to be preserved or restored*
. The cost effectiveness of the project to preserve or
restore open land or agricultural land*
. The amount of funds available
. The number of actual and potential applications for
financial assistance and the amount of money sought by those applications
. The open land preservation plan of the local entity
(county, city or town) where the project is located and the priority placed on
the project by that local entity*
. The effects of the project on housing affordability and
diversity*
. Whether the project protects against the loss of private property
ownership.*
*These criteria must be addressed by the applicant and are
described in Part VIII.
VII. Evaluation Criteria (Project Narrative)
The Commission has established the following priorities for the evaluation of
applications (Not necessarily in order):
. Local support for the project and compliance with the
community's general plan
. Projects with participation of multiple Partners
. Projects serving multiple purposes
. High quality projects; i.e., land of exemplary natural or
agricultural value
. The amount of financial leveraging and cost
effectiveness of the proposal
. The longevity of the preservation
. The assurance for long term monitoring and maintenance of
the land
Each application criterion will be rated on one or more of the above priorities.
Please read the
McAllister Fund Defining Principles FOR FURTHER GUIDANCE ON THESE
REQUIREMENTS. These defining principles are intended to guide
Commission deliberations regarding the use of McAllister fund monies.
Criterion 1. If the assistance is
in the form of a loan, the borrower's ability
to repay the loan.
Applicants should demonstrate an ability to repay the loan, by submitting a
written financial history of the party responsible for repayment, and clearly
explaining where/how the money will be obtained. The loan terms are negotiable.
The application should state a proposed rate and repayment schedule. Collateral
for the loan will generally be the title of the conservation easement or land
purchased with loan funds.
Priority - The amount of financial
leveraging and cost effectiveness of the proposal.
See Application Form - Criterion 1
Criterion 2. The nature
and amount of open land/agricultural land proposed to be preserved or restored.
To be eligible for funding, proposed projects must preserve or restore open
land/agricultural land. Applicants should demonstrate that the nature of the
open land/agricultural land in their project is consistent with the definition
of open land and agricultural land in the Quality Growth Act.
In addition to addressing the nature of the land, the Quality Growth Commission
will consider the amount of land to be preserved. This does not mean that large
tracts of land will automatically receive priority over smaller parcels,
rather, that applicants must demonstrate that their project size maximizes the
open land/agricultural land qualities of the land to be preserved or restored.
Priorities
- Projects serving multiple purposes
- High quality projects; i.e., land of exemplary natural or
agricultural value
- The amount of financial leveraging and cost
effectiveness of the proposal
See Application Form - Criterion 2
Criterion 3. The public benefits
of the open land/agricultural land proposed to be preserved or restored
.
Applicants should indicate the most important conservation aspects of their
project, and how it applies to the open land/agricultural land definitions in
the Quality Growth Act. When summarizing the property, applicants should state:
. the significance of the property; what is unique and irreplaceable about
the property
. the potential for development of the property; the urgency of
development in the area
. the importance of the property to the region and state; what the public
benefit will be
. why the parcel needs to be protected; why the State should fund the
project
For example, the most significant aspect of the project may be that it protects
land inhabited by an endangered wildlife species. If the land is allowed to be
developed, the region will lose a valuable resource, etc. If more than one
aspect of the project applies to the definitions, then they should be listed in
order of importance.
Priorities
- High quality projects; i.e., land of exemplary natural or
agricultural value .
- The longevity of the preservation.
- The assurance for long term monitoring and maintenance of the
land.
See Application Form - Criterion 3
Criterion 4. The cost
effectiveness
of the project to preserve or restore open land/agricultural land.
Although there is no limit on the amount of money which an applicant can apply
for, the Quality Growth Commission must consider the amount of
funds available. Requests for Fund money cannot exceed 50% of the total cost of
the project.
The cost effectiveness of a project will be evaluated based on:
. The ability of the applicant to complete the project
. Matching funds from other sources
. Fair market price
. Project endowments
When considering applications, the Quality Growth Commission will address the
ability of the applicant and its partners to complete financing of the project
and repay the loans (if applicable) in a timely and efficient manner. This will
require that the applicant demonstrate a familiarity with the process of
negotiation and finalization of conservation easements, purchases of land and
other land preservation techniques, or partner with an individual or
organization that has experience in this field. The applicant should provide a
summary of specific transactions previously completed and information about its
(or its partners') expertise and experience in finalizing projects of this
nature.
A full description of the project financing must be provided. The Quality Growth
Commission will not participate in a land purchase, or a purchase of a
conservation easement that is over fair market value. The determination of fair
market value will be based on the results of a qualified land appraisal.
Priority will be given to those applications that include in the project budget
an endowment to be used for monitoring, management and possible enforcement of
the terms of the easement (endowments should range between approximately 5-10%
of the cost of the easement).
Priorities
- The amount of financial leveraging and cost
effectiveness of the proposal.
- Projects with participation of multiple Partners.
- The longevity of the preservation.
- The assurance for long term monitoring and maintenance of the
land .
See Application Form - Criterion 4
Criterion 5. The Critical Land
preservation plan
of the local entity where the project is located and the priority placed on the
project by that local entity.
The Quality Growth Act requires that all easements purchased with money from the
Fund be held by a government entity. Because of this, it is important that the
entity responsible for holding the easement have a plan addressing its
intentions with regards to the preservation and management of the open
land/agricultural land project. A Critical Land Preservation Plan for open
land/agricultural land should:
. State the significance of the land
. Detail the ecological values of the land
. Describe the impact of protecting this parcel on surrounding parcels
. Identify future plans for connecting the parcel with other significant
parcels
. Describe the service that parcel will provide community/region
A Critical Land preservation plan will identify what significance the land has
to the community as a whole and be consistent with the community's general
plan. Critical Land preservation plans address the urgency of the project.
Urgency may be related to purchasing property before development pressure
increases land values or before the land is acquired for development. The open
land preservation plan should justify the entities's proposal by documenting
the various benefits of the acquisition such as wetlands, stream or habitat
corridors, urban open land, regional benefits, ties to adjacent parcels to
create a larger preserve, viability for continued agricultural use, etc.
Critical Land preservation plans must include a detailed long term management
plan for the property to be preserved. This includes who will manage the
property, how the management will be funded, periodic inspection and reporting
to the Commission.
Priorities
- Local support for the project and compliance with the
community's general plan. Applications must include:
1. Documentation that the local elected legislative body within whose
jurisdiction the subject property lies has in a public meeting, subject to
normal notice requirements, provided the opportunity for public input and has
subsequently approved the acquisition.(this can take the form of a resolution
of support adopted by the local government)
2. Letters of support from the legislators from the districts where the project
is located.
- The assurance for long term monitoring and maintenance of the
land.
See Application Form - Criterion 5
Criterion 6. The
effects of the project on housing affordability and
diversity.
Concerns regarding the affordability and diversity of housing opportunities are
common when entities or organizations attempt to preserve open
land/agricultural land. Land preservation efforts may unintentionally have the
effect of increasing the property values of surrounding parcels, thereby
eliminating persons with lower income levels from the area's housing market.
Applicants should discuss whether or not the project for which they are seeking
funds would impact the cost and diversity of housing opportunities for persons
living in the community where the project is located.
Priority
- Local support for the project and compliance with the community's
general plan
See Application Form - Criterion 6
Criterion 7. Whether the project protects against
the
loss of private property
ownership.
In addition to the limitations on purchase of fee title with money from the Fund
as described in Part IV, applicants should provide an analysis of any effects
the project may have on the loss of private property ownership.
Priority
- Local support for the project and compliance with the
community's general plan. (Include supporting documents from city, town,
county, special service districts, local legislators, others).
See Application Form - Criterion 7
VIII. Application Deadline
The application deadline is July 13, 2005. The Commission will review
applications and make preliminary allocations of funding. SUBSEQUENT
REQUIREMENTS MAY BE IMPOSED FOR EACH APPLICANT AND MUST BE COMPLETED PRIOR TO
AWARD OF FUNDS. See the
schedule for important dates for this application cycle.
Some funds may be reserved for urgent requests. Pre-applications for urgent
requests can be submitted at any time and will be reviewed by the Commission as
necessary.
IX. Award of Funds
Funds will be issued to successful applicants when actually needed. For example,
if the project involves the purchase of land or a conservation easement, funds
will be issued by the closing date.
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