17-229 C.M.R. ch. 106
SUMMARY: This chapter outlines the procedures and standards for establishing and administering the Maine Department of Transportation's Transportation Planning Incentive Funding Program pursuant to 23 M.R.S.A. §73-A.
The purpose of this Rule is to provide applicants for the Maine Department of Transportation (MaineDOT) Quality Community Program the procedures necessary to receive incentive bonus points pursuant to P.L. 2007, Chapter 208, "An Act to Promote Transportation Planning, Increase Efficiency and Reduce Sprawl," to further the purposes and policies of 23 M.R.S.A. §73 and Title 30-A, chapter 187, subchapter 2, to encourage sound transportation planning and to protect the integrity of regional transportation systems and thereby prevent or reduce the need for costly future capacity or retrofitting expenditures associated with unmanaged development along State transportation corridors.
This Rule applies to applicants for funding under MaineDOT's Quality Community Program.
1. Applicant. Applicant means one or more municipalities, an entity whose project is sponsored by and whose application is endorsed by a municipality or municipalities.
2. Community Transportation Plan. "Community Transportation Plan" means a transportation plan, developed by one or more municipalities along a State transportation corridor, designed to strengthen the functional viability and lengthen the long-term life of State transportation corridors and addresses the manner in which development along State transportation corridors in the municipality or municipalities is to occur. A Community Transportation Plan that is part of a comprehensive plan developed pursuant to 23 M.R.S.A. §73 and the associated rules may qualify as a Community Transportation Plan. A Community Transportation Plan should include estimates of transportation systems cost savings as a result of the approved Community Transportation Plan.
3. MaineDOT. "MaineDOT" means the Maine Department of Transportation.
4. Quality Community Program. "Quality Community Program" is a funding program designated biennially by MaineDOT. This program is a competitive program designed to make transportation-related improvements in communities by providing funding for improvements such as small harbors, bicycle and pedestrian facilities, transportation safety, the natural environment, or for scenic, historic, and other quality community
improvements. Municipalities are required to endorse applications.
5. Transportation Planning Incentive Funding. “Transportation Planning Incentive Funding” means funding available through MaineDOT’s Quality Community Program.
For a Quality Community Program application to receive the additional bonus points resulting from this Rule, the municipality is required to be listed on the MaineDOT list of municipalities with an approved Community Transportation Plan, and have adopted and implemented the Plan’s recommended land use development and transportation strategies, related policies, programs and ordinances.
A. For comprehensive plans developed in accordance with Title 30-A M.R.S.A. chapter 187, subchapter 2, municipalities must follow the practices already outlined in the comprehensive plan and ordinance submission procedures and rules of the State Planning Office.
B. For Community Transportation Plans developed in accordance with Title 23 M.R.S.A. §73, municipalities must submit transportation plans to MaineDOT’s Bureau of Transportation Systems Planning for review and approval.
C. In order to receive the bonus points under this Rule, a municipality must also submit adopted ordinances that incorporate land use development and transportation strategies, policies, and programs related to the Community Transportation Plan to MaineDOT’s Bureau of Transportation Systems Planning for review and approval. Upon receiving approval, the municipality will be placed on MaineDOT’s list of municipalities that have adopted ordinances that support the Community Transportation Plan.
1. For a project application to receive additional incentive bonus points described below, the municipality must be listed on the MaineDOT list of municipalities that have an approved Community Transportation Plan; and have adopted and implemented the Plan’s recommended land use development and transportation strategies, related policies, programs and ordinances.
2. Sensible Transportation Incentive Bonus Points
A. Quality Community Program applications will receive incentive bonus points if:
(1) the municipality has an approved adopted Community Transportation Plan; and
(2) the municipality has adopted ordinances that incorporate land use development and transportation strategies as outlined in the Community Transportation Plan; and
(3) the adopted plan and ordinances have met objectives outlined in the Sensible Transportation Policy Act.
A. Quality Community Program applications will receive additional incentive bonus points if the municipality is partnered with one or more municipalities, and all municipalities have:
(1) an approved adopted Community Transportation Plan; and
(2) adopted ordinances that incorporate land use development and transportation strategies as outlined in the Community Transportation Plan; and
(3) an adopted plan and ordinances that have met the objectives outlined in the Sensible Transportation Policy Act.
MaineDOT will award available Quality Community Program funds in a fair and equitable manner based on available funding, and the scoring criteria below.
The scoring criteria for Quality Community Program applications is as follows and will be scored on a system based on a 100 points, which will be published as part of the application:
A. Transportation Value. “Transportation Value” is the degree to which a project serves valid transportation purposes as opposed to recreational or other purposes. A project serves a valid transportation purpose if it serves as a connection between origins and destinations, increases safety, or enhances the use of the transportation system and the transportation environment.
B. Positive Impact on the Community. “Positive Impact on the Community” is one that makes a community a better place to live.
C. Regional Impact. “Regional Impact” is the project’s positive impact on the region in which it is located, and the degree to which it will serve users from beyond a single municipality.
D. Demonstrated Need. “Demonstrated Need” indicates how well a project serves important functions and accomplishes the project’s stated purpose.
E. State Planning Goals/Economic/Tourism Benefit. “State Planning
Goals/Economic/Tourism Benefit” indicates how well a project will enhance or enable a livable, compact community that has the potential to improve quality of life, thereby enhancing the economic vibrancy of a community or region.
F. Potential Safety Improvement. “Potential Safety Improvement” is a project that addresses existing or potential safety problems or issues.
G. New Opportunities. “New Opportunities” identifies how a project will create new improvements that do not exist or might not otherwise occur or that leverage additional investments.
2. Determining avoided costs
A. To be eligible for incentive bonus points, the amount of funding applied for in the application must be commensurate with the merits of a plan and related policies, programs and ordinances and for an amount that does not exceed the estimated cost of the specific investment proposal.
B. The projected transportation-related avoided costs from implementation of the Community Transportation Plan must exceed the amount of the funding as determined by the department in its rating system.
C. To determine the avoided costs, the municipality should clearly demonstrate that transportation related savings resulting from implementation of the Community Transportation Plan will exceed the amount of the funding applied for. These estimated cost savings should be taken directly from the approved Community Transportation Plan.
SECTION 8. ADMINISTRATION
1. Solicitation Process
On even numbered years, MaineDOT will send out municipal request packets asking all municipalities to reply with local transportation priorities and to indicate their potential interest regarding the Quality Community Program. Applications will be made available to municipalities that request them in early spring of even numbered years.
2. Application Process
Applicants will fill in all sections of the MaineDOT Quality Community Program application form and submit by the appropriate due date with all required signatures and commitments for local participation.
3. Selection Process
A review committee which may consist of representatives of MaineDOT representing planning, project development, traffic engineering, safety; other State and federal agencies; and individual(s) representing the public, will score eligible project applications based on the criteria outlined in this Rule. MaineDOT will award available Quality Community Program funds in a fair and equitable manner based on eligibility, available
funding and the scoring criteria.
A letter of notification is sent to all applicants following final approval of the MaineDOT capital work plan. Successful applicants are required to sign a letter of understanding which includes municipal responsibility for appropriate local financial participation, and other local commitments outlined in the application. Before any project funding is initiated, a final Local-State Agreement will be signed outlining all roles and responsibilities.
A municipality must pay back to the department any incentive funding provided by the department under this section if the municipality repeals or revises its community transportation plan or related ordinance provisions within 10 years of receipt of the incentive funding, unless the repeal or revision is approved by the department. The Department may decline to approve such repeal or revision and, if so, will seek to have an action brought by the Maine Attorney General to recover such funds.
STATUTORY AUTHORITY 23 M.R.S.A. §73-A; 23 M.R.S.A. §52; 23 M.R.S.A. §4206(5)
EFFECTIVE DATE:
January 11, 2011 – filing 2011-9