Attachment

CITY OF DOVER HISTORIC DISTRICT COMMISSION AGENDA THURSDAY, August 21, 2014 - 3:00 P.M. City Hall – Conference Room ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES OF MEETING on June 19, 2014 WELCOME 1. Appointments for Three (3) Year Terms to Expire July 26, 2017:  C. Terry Jackson, Resident  Ann Baker Horsey, Professional  Joseph McDaniel, Business Representative COMMUNICATIONS & REPORTS 1. Summary of 2014 Activity a. Summary of Applications 2014 and 2013 b. Summary of Architectural Review Certifications for 2014 2. Department of Planning & Inspections Update a. Draft Bicycle Plan and Pedestrian Plan for Dover b. Restoring Central Dover Community Plan c. Citywide Recreational Needs Assessment d. Delaware Downtown Development District program OLD BUSINESS 1. Update on Architectural Review Certification: a. HI-11-01 Building at 326 West Loockerman Street: Building Demolition – Revision to site stabilization activities to delete installation of fence. Associated with the Architectural Review Certificate that allowed Demolition of the existing commercial building at 326 West Loockerman Street. The property consists of one parcel of land zoned C-2 (Central Commercial Zone) and subject to the H (Historic District Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located on the southeast corner of West Loockerman Street and South Queen Street. The owner of record is Dover Realty I. The property address is 326 West Loockerman Street. Tax Parce1: ED-05-077.09-01-74.00-000. Council District 4. NEW BUSINESS 1. Review of Permits Referred to Commission 2. Update on Certified Local Government (CLG) Program Application NEW APPLICATIONS ADJOURN THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSION. Agenda Posted: August 13, 2014

CITY OF DOVER HISTORIC DISTRICT COMMISSION June 19, 2014 The Regular Meeting of the City of Dover Historic District Commission was held on Thursday, June 19, 2014 at 3:00 PM with Chairman Scrafford presiding. Members present were Chairman Scrafford, Mr. McDaniel, Mr. Fisher, Mr. Salkin and Mr. Jackson (arrived at 3:22pm). Planning Office Staff members present were Mrs. Melson-Williams, Bill Cook, and Mrs. Purnell. Also present was Intern Faith Spady. APPROVAL OF AGENDA Mr. McDaniel moved for approval of the agenda as submitted, seconded by Mr. Fisher and the motion was unanimously carried 4-0. (Mr. Jackson arrived at 3:22pm). ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION MEETING OF APRIL 17, 2014 Mr. Salkin moved to adopt the minutes of the regular Historic District Commission meeting of April 17, 2014, seconded by Mr. McDaniel and the motion was unanimously carried 4-0. (Mr. Jackson arrived at 3:22pm.) Mrs. Melson-Williams introduced Intern Faith Spady who is working in the Planning Office this summer. She is an Architectural major. COMMUNICATIONS & REPORTS Summary of 2014 Activity Mrs. Melson-Williams stated that included in the packet was a Summary of Applications from 2014 and 2013. For 2013, the Family Dollar project located at 300 W. Loockerman Street is well underway. The existing building has been demolished and the new building is starting to have walls. For the North Street Pocket Park located at 301 S. Governors Avenue permits were issued and the construction is underway. Applications for 2014 included the EZ-Pass sign that was resolved by Staff. Overall, Staff is working on the Administrative Site Plan to reconstruct the building at the Kirby & Holloway project site. They have recently filed a permit to start the rebuild which would include a Demolition Permit. 6 South State Street project was successful at the Planning Commission meeting and was granted the conditional approval of their Architectural Review Certification. Planning Commission let them keep the tenth parking space. There were some minor revisions to the sidewalk area or walkway area that is going to be at the head of the parking spaces. Originally, it was going to be asphalt, but further design and consideration of the site it will be done in concrete. Responding to Chairman Scrafford’s question if the footings with the block was part of the park, Mrs. Melson-Williams stated that it has a raised planter that could serve as seating located at the corner and in the center of the property.

CITY OF DOVER HISTORIC DISTRICT COMMISSION JUNE 19, 2014 Mrs. Melson-Williams asked if there were any other questions regarding the applications and their status. There was none. Summary of Architectural Review Certifications for 2014 Mrs. Melson-Williams stated that it is a summary of all the permit activities in the Historic District for the year. Out of all the permits through the end of May 2014, four (4) of them had some interaction with the Historic District Commission and the remaining ones were Staff approval only. There were eight (8) that did not need Architectural Review Certification because they were interior projects to existing buildings in the District. There are well over thirty (30) permits in the District to date. Mrs. Melson-Williams asked if there were any additional questions regarding the permits. There was none. Department of Planning & Inspections Update Bicycle & Pedestrian Sub-Committee Mrs. Melson-Williams stated that placed on the table was information regarding a Bicycle & Pedestrian Workshop that is upcoming. The City along with the Dover/Kent County MPO is sponsoring the Workshop that is scheduled for Thursday, June 26, 2014 at the library from 4:00pm-7:00pm. The MPO is working on two (2) planning documents; one is related to a Bicycle Plan and then a Pedestrian Plan. Since it is in a draft stage they are looking for public input on areas that have been identified for improvements. Responding to Mr. Salkin’s question if the Planning Office had received any information from DelDOT regarding the next phase of the bike path from Legislative Avenue to Loockerman Street, Mrs. Melson-Williams stated no. That was the second phase that came before the Historic District Commission as an introduction. Some crosswalk improvements were done. She was not sure if they would see the final version of the design. Mr. McDaniel stated that there was not much left to do. They will come behind the parking lot of the Archives Building. Responding to Mr. Salkin’s question if the Planning Office had seen a very specific plan or 30,000 foot view, Mr. McDaniel stated that he did not think it was a 30,000 foot view. The crosswalk that is currently there is at Martin Luther King Jr. Boulevard. Mrs. Melson-Williams stated that the crosswalk may have been part of the first phase. Mr. Salkin stated that he was not sure if the Historic District Commission saw the alignment. Mrs. Melson-Williams stated that they had somewhat of an alignment because they wanted some feedback on the retaining wall type element that was going to have to be implemented because of the grade. They presented three (3) different options. Chairman Scrafford also recalled the presentation and they voiced their opinion. Responding to Mr. Salkin’s question if voicing their opinion was the approval, Mrs. Melson-Williams stated that she was not sure if they saw a final version on the first phase which 2

CITY OF DOVER HISTORIC DISTRICT COMMISSION JUNE 19, 2014 included part of the Historic District area around the bridge. Responding to Chairman Scrafford’s comment of Court Street and East Loockerman, Mrs. Melson-Williams stated that it was the Phase 2 segment. It is a site type improvement and she is not sure it will be a formal application to the Historic District Commission. She will look into it. Central Dover Community Plan Mrs. Melson-Williams stated that the Central Dover Community Plan held their Open House in early May. The Central Dover Community Plan also referred to as the “Restoring Central Dover Plan.” She believes that the next step would be an issuance of some type of study plan report. She does not have any new information. Citywide Recreational Needs Assessment Mrs. Melson-Williams stated that the Citywide Recreational Needs Assessment is receiving some limited staff attention. There is nothing major to report. Mr. McDaniel stated that he attended the storefront workshop on the Central Dover Community Plan and they may do more workshops in the future. OLD BUSINESS Responding to Mr. Salkin’s question regarding when the Historic District Commission first reviewed the incomplete drawing for the North Street Pocket Park is Staff notified when there is a final drawing, Mrs. Melson-Williams stated yes. The North Street Pocket Park went through a Site Plan approval with the Planning Commission. The approval also carries with it conditions to finalize the Site Plan per any of the requirements by the Agency or Architectural Review Certification. The project engineer submits Check Prints for the Planning Office to check over the final plans to ensure they meet the technical requirements and any of the conditions of approval. There is ultimately a Final Plan of the project that needs to happen so that permits can be issued. In this case, permits were issued to do the construction. The Historic District Commission is a recommending body to the Planning Commission when the application needs to go before the Planning Commission. Mr. Salkin commented that the Historic District Commission does not always know the recommendation of what happens to the application once it goes before the Planning Commission. The Historic District Commission does not get a report for the results of their actions. Mrs. Melson-Williams stated that one of the purposes of the Summary of Applications Report is for that reason. Mr. Salkin commented that there is not a lot of detail in the Summary Report. Chairman Scrafford suggested reading the minutes from the Planning Commission meeting. The Historic District Commission would like to see closure on the applications that they had to take action on. 3

CITY OF DOVER HISTORIC DISTRICT COMMISSION JUNE 19, 2014 Mr. McDaniel and Mr. Fisher recalled some discussion regarding the benches, bike racks, and columns. Mrs. Melson-Williams stated that she will bring the Final Plans for the North Street Pocket Park at the next meeting. She can also look into some appropriate issues for closure of the applications reviewed by the Historic District Commission. NEW BUSINESS Review of Building Permits Referred to Commission HI-14-04 Sign Permit #14-279: Signage for Family Dollar at 300 West Loockerman Street – Referral by the City Planner to the Historic District Commission for Review of Architectural Review Certification for Sign Permit application #14-279 for two wall signs. The property is zoned C-2 (Central Commercial Zone) and is subject to the H (Historic District Overlay Zone). The property is located on the southwest corner of West Loockerman Street and South New Street. The owner of record is RO-Z Dover, LLC. Address: 300 West Loockerman Street. Tax Parcel: ED-05-077.09-01-69.00-000. Associated with Applications HI-13-02 and S-13-12. Mrs. Melson-Williams stated that originally a Sign Permit was submitted but was flagged with concerns of the presention of the lighting for the sign. Included in your packet was a copy of the original Sign Permit application and a letter from the City Planner informing them if they wished to pursue the internally lit sign they would need to be referred to the Historic District Commission. Initially back in May they stated to refer the Sign Permit to the Historic District Commission and then on Monday, June 16, 2014 they filed a new Sign Permit that utilizes the gooseneck lighting for lighting the signs that basically follows the format. We do not need to act on Permit #14-279 today because their new Permit #14-764 supersedes it and makes use of the gooseneck lighting which the Historic District Commission saw during the review process for the building and what the Planning Commission saw in the process for the building; the Planning Office can now approve. The size and the format of the sign itself basically remains the same; it is no longer internally lit. It is lit from above using the gooseneck lighting. The Historic District Commission does not need to take any action. Update on Certified Local Government (CLG) Program Application Mrs. Melson-Williams stated that the application process still needs to be completed. Staff time has been devoted to other much larger projects. It is an on-going project. Mr. Jackson arrived at 3:22pm. Responding to Mr. McDaniel’s question whether the Family Dollar project would be finished with any sort of permitting, Mrs. Melson-Williams stated that the Family Dollar project came before the Historic District Commission and a recommendation with conditions to the Planning Commission was made. The Planning Commission approved the Site Plan with conditions. The Family Dollar project has a Final Approved Plan that they should be building too. Responding to Mr. McDaniel’s question whether Mrs. Melson-Williams had all the items needed regarding the biographies for the Certified Local Government program, Mrs. Melson-Williams stated that it will need to be sorted through specifically. Then there is a question application that 4

CITY OF DOVER HISTORIC DISTRICT COMMISSION JUNE 19, 2014 gathers the rules and regulations of how the Commission is to exist and what rules should be followed as well as some name changes. There are several terms that will be finishing this month. The City Council has yet to move through the process of reappointments given the fact that they just had the Mayoral election earlier this week. A number of the appointments or reappointments would be scheduled in July. If your term is up let Staff know if you are interested in continuing or not continuing on the Commission. There will probably be some outreach directly to each individual whose term is expiring. Technically, a person will continue to serve until the reappointment takes place. Responding to Chairman Scrafford’s whether there was really a LED sign at the corner of State and Loockerman Street, Mr. McDaniel stated that there was a free-standing sign that is internally lit. Mrs. Melson-Williams stated that the sign has been there for quite some time. There is some signage in the District that has been there for a very long time that would not be allowed under the current Guidelines. NEW APPLICATIONS Mrs. Melson-Williams stated that there have been no new applications have been filed for the Historic District Commission to consider. The Sign Permit can be taken care of by Staff because they have submitted all items. Mr. McDaniel moved to adjourn the meeting; seconded by Mr. Salkin and unanimously carried 5-0. Meeting adjourned at 3:28 PM Sincerely, Maretta Savage-Purnell Secretary 5

City of Dover Historic District Commission Summary of Applications 2014 Updated thru August 7, 2014 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-14-01 Sign Permit #14- 22-24 West Sign Permit for two Permit #14-148 referred to HDC by City Staff worked with applicant to revised 148 Referral Loockerman Street - wall signs Planner for Architectural Review design and material of wall signs. Revised EZ Pass Offices Certification consultation;2/20/14 HDC concept approved and Permit issued. Meeting - no quorum present, Staff Signage installed. continued to work with applicant HI-14-02 Kirby & Holloway 656 North DuPont Consideration to 3/20/2014 HDC Consideration of status of Sign maintains its legal non-conforming Sign Highway determine pylon sign; HDC Determined Sign to be a status indefinitely and can remain in its historic/cultural or Historic & Significant Sign under the current form. aesthetic significance provisions of Zoning Ordinance, Article 5 of pylon sign Section 4.12 HI-14-03 Lands of Six South 6 South State Street Construction of 4/17/14 HDC Recommendation of Check Prints of Site Plan submitted; Review State, LLC: 6 parking lot off alley Approval of ArchRevCert with conditions. Comments issued 7/7/14 and 8/5/14. South State Street and other site Application S-14-11 reviewed by PC and Building interior work ongoing under permit improvements granted Approval of ArchRevCert with and exterior trimwork being painted. conditions on 5/19/2014 Landscape clean-up and select tree removal has occurred. HI-14-04 Sign Permit #14- 300 West Sign Permit for two Permit #14-279 referred to HDC by City Sign Permit #14-279 superseded by new 279 Referral Loockerman Street - wall signs Planner for Architectural Review revised Sign Permit #14-764. With Permit Family Dollar Certification consultation; scheduled for #14-764 Wall Signs to be externally lit by 6/19/2014 HDC Meeting. Revised Sign gooseneck lights in compliance with DS&G. Permit submitted to supersede Permit #14- Permit approval granted. 279; no action by HDC required.

City of Dover Historic District Commission Summary of Applications 2013 Updated thru August 7, 2014 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-13-01 Lands of Boyles: 527-529 South State Construction of 2/21/2013 HDC Check Print of Site Plan S-13-03 Parking Lot Street parking lot east of Recommendation of Approval of submitted 5/28/2013 for review Construction existing building ArchRevCert with conditions. and comments issued. Final Application S-13-03 reviewed by Plan submitted 8/22/2013 for PC and granted Approval of review. Final Plan Approval ArchRevCert with conditions. issued 11/6/2013. Project must apply for Building Permits prior to start of construction. HI-13-02 Family Dollar 300 West Demolition of existing 3/21/2013 HDC Check Prints of Site Plan S-13-12 Loockerman Street commercial building Recommendation of Approval of submitted 7/19/2013 for review (old NAPA) and ArchRevCert with conditions. and comments issued 8/22/2013. construction of 8,308 Application S-13-12 reviewed by Documentation of building S.F. retail building. PC and granted Approval of submitted 1/10/2014.Final Site ArchRevCert with conditions on Plan approval letter of 1/16/2014. 5/20/2013. Demolition Permit #13-1428 issued 2/4/2014. Pre- Construction meeting held 2/26/2014. Building Permit issued 2/28/2014. Construction underway. HI-13-03 Capital City Trail Between Martin Bike and Pedestrian Information Presentation Construction beginning for Phase Project: Phase 2 Luther King Jr. Improvements presented at HDC Meeting of 2. Construction of Phase 1 trail Boulevard (Court 3/21/2013 segment began in April 2013 and Street) and East is complete. Loockerman Street HI-13-04 Building Permits #13- 43 The Green Construction of Permit #13-260 referred to HDC Permit ready to be issued as of 260 Referral for John accessory structure by City Planner for Architectural 4/11/2013. Project not started Bell House: Replica (Outhouse) and Review Certification: 3/21/2013 yet. Outhouse & Rear Fence HDC Approval of ArchRevCert. Yard Fence Permit approved for issuance

City of Dover Historic District Commission Summary of Applications 2013 Updated thru August 7, 2014 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-13-05 North Street Pocket 301 South Governors Redevelopment of 7/18/2013 HDC Review by PRCE on 4/8/13 with S-13-10 Park Avenue vacant parcel as park Recommendation of Approval of recommendation. 4/22/13 City with paving and ArchRevCert with conditions. Council reviewed and referred landscape areas. Application S-13-10 reviewed by back to PRCE. Review by PRCE PC and granted Approval of on 6/10/2013. City Council ArchRev Cert with conditions on approved property use as a 8/19/2013. Pocket Park on 6/24/2013. Final Site Plan approval granted 3/28/2014. Pre-Construction meeting held 4/16/14. Permits #14-437 and 14-438 issued. Construction underway.

Summary of Permit Application with Architectural Review Certification 2014 - Updated Thru 8-7-2014 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 1/2/2014 13-1735 154 South Governors Sign Permit - Wall Sign Staff Approval Sign Installed. Avenue, Independent Resources Office 1/2/2014 13-1736 61 South Bradford Street Building Permit - Exterior & Staff Approval Project to repair exterior finishes Interior Renovations and stucco (after vehicle accident). 2/4/2014 13-1428 300 West Loockerman Demolition Permit - Existing HDC Recommendation on ARC: PC Documentation of existing building Street Commercial Building Approval of ARC; Applications HI-13- received as per condition of ARC. 02 and S-13-12; Staff issued Permit Associated with Permit #14-94. Demolition complete. 2/21/2014 13-1620 8 West Loockerman Street Building Permit - Interior Staff Approval. No ArchRevCert Permit issued. Renovations required for interior work. 2/7/2014 14-02 205 South State Street Roof Permit Staff Approval Project to replace existing cedar shake roof with new wood shingle roof and replacement of siding on gable end. Project complete. 2/19/2014 14-68 102 South Governors Building Permit -Exterior Staff Approval Rebuild front porch steps. Permit Avenue Renovations Issued 2/28/2014 14-94 300 West Loockerman Building Permit - New Retail HDC Recommendation on ARC: PC Permit issued. Pre-Construction Street, Family Dollar Building Approval of ARC; Applications HI-13- Meeting held with City 02 and S-13-12; Staff issued Permit Departments. Construction underway. 2/21/2014 14-136 134 West Loockerman Building Permit - Renovations Staff Approval Modifications to outdoor patio Street, Golden Fleece areas. Demolish fence and stairs; Tavern new railing for upper deck. Project underway.

Summary of Permit Application with Architectural Review Certification 2014 - Updated Thru 8-7-2014 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 2/25/2014 14-148 22-24 West Loockerman Sign Permit - Wall Signs Staff Referral to HDC for 2/20/2014 - Signs installed. Two wall signs Street lack of quorum at meeting. Staff placed in framed wall area continued to work with applicant to consisting of raised lettering and refine design to comply with DS&G. graphics applied to wall surface. Staff Approval of revised design. 3/10/2014 13-495 19 N American Avenue Fence Permit Staff Approval Replacement of fence at rear of lot with vinyl. Noted as not visible from public way. 2/6/2014 14-129 409 Federal Street - Biggs Temporary Sign Permit Staff Approval Sign installed 5/1-5/10/14 for Biggs Museum Gala event and removed. 3/14/2014 14-156 209 South State Street, Building Permit - Exterior Staff Approval Brick repair and repointing project Wesley United Methodist Renovations on front (west) façade of building. Church Project complete. 3/11/2014 14-191 33 South State Street, Sign Permit - Post sign Staff Approval Installation of Post Sign with three Offices hanging signs for office tenants. Sign installed. 3/27/2014 14-209 136 West Loockerman Sign Permit - Window Sign Staff Approval Permit issued for signage. Street, Shear Dreams Hair Salon 3/5/2014 14-211 315 South State Street Temporary Sign Permit Staff Approval Temporary Sign to be placed in window through 6/4/2014. 3/14/2014 14-237 123-127 West Loockerman Sign Permit - Wall Sign Staff Approval Wall sign installed in sign band area Street, Blue Hen Auctions for first floor tenant. 3/18/2014 14-241 304 South State Street, Sign Permit - Window Sign and Staff Approval Window sign and projecting sign Dale's Bail Bonds Projecting Sign installed for first floor office tenant. 3/31/2014 14-257 29 South State Street Building Permit - Interior & Staff Approval. No ArchRevCert Interior renovations to office space Exterior Renovations required for interior work. and replacement of front entry door. Project complete.

Summary of Permit Application with Architectural Review Certification 2014 - Updated Thru 8-7-2014 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 4/14/2014 14-283 134 West Loockerman Building Permit - Roof Repairs Staff Approval. No ArchRevCert Repairs and expansion of rear roof Street required due to limited visibility. over rear yard/patio area; limited visibility from public way. Project underway. 4/1/2014 14-289 207 West Loockerman Building Permit - Roof Repairs Staff Approval. No ArchRevCert Installation of rubber roof on flat Street required due to no visibility. roof area not visible from the public way. 4/25/2014 14-339 210-220 South Governors Building Permit - Exterior Staff Approval. Replace asphalt roof with metal Avenue Renovations, Roof roof, Front façade work: build pent Replacement roof overhang, replace 2 windows, replace aluminum siding with Hardie-board, clean brick (do not paint). Project not started yet. 4/24/2014 14-381 29 West Loockerman Street Building Permit - Exterior Staff Approval Replace pent roof wood shingles Renovations with new wood shingles, repair ceiling area and trimwork, paint first floor wall. Project not started yet. 4/17/2014 14-396 5 South State Street Building Permit - Roof Repairs Staff Approval Repair/replacement in-kind select painted wood roof shingles on mansard roof area. 5/5/2014 14-183 124 South State Street, Building Permit - Interior Staff Approval. No ArchRevCert Replacement of chillers and Diamond State Telephone Renovations required for interior work. mechanical work. 5/2/2014 14-327 300 South State Street Building Permit - Exterior Staff Approval Brick repair, repointing, painting, Renovations and window trimwork repair on west elevation. Existing brick is painted already. 5/15/2014 14-412 121 West Loockerman Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations adding wall Street Renovations required for interior work. partitions. Construction underway.

Summary of Permit Application with Architectural Review Certification 2014 - Updated Thru 8-7-2014 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 5/1/2014 14-437 301 South Governors Building Permit - Fence HDC Recommendation on ARC; PC Pre-Construction meeting held for Avenue, North Street approval of ARC; Applications HI-13- park project and coordination of Pocket Park 05 and S-13-10; Staff issued Permit landscaping. Project underway. per Approvals 5/1/2014 14-438 301 South Governors Administrative Building Permit HDC Recommendation on ARC: PC Pre-Construction meeting held for Avenue, North Street - Site Improvements Approval of ARC; Applications HI-13- park project and coordination of Pocket Park 05 and S-13-10; Staff issued Permit landscaping. Project underway. per Approvals 5/1/2014 14-510 501 South State Street, Temporary Sign Permit Staff Approval VBS Sign installed 5/2/2014- Christ Church 6/2/2014 and removed. 5/7/2014 14-533 6 South State Street Demolition Permit - Interior No Planning Staff Review occurred. Interior Work - Minor Preparation Interior work does not require for Renovation project. ArchRevCert. Construction underway. 5/29/2014 14-548 42 Kings Hwy NE, Murphey Building Permit - Accessory Staff Approval Relocation of pavilion (brick piers, School property Building columns support hipped roof). Previously located on property at rear of Woodburn. Project underway. 5/20/2014 14-561 54 South State Street, Temporary Sign Permit Staff Approval Feather banner for Church 300th Presbyterian Church of anniversary. Placement for limited Dover hours each week when staff on-site. 6/16/2014 14-654 147 S Governors Avenue, Sign Permit - Projecting Sign Staff Approval Sign Installed. Tiffanee & Co. 6/23/2014 14-702 25 Jerusalem Way, New Roof Permit Staff Approval Replacement of existing asphalt Jerusalem Baptist Church shingle roof with asphalt architectural shingles.

Summary of Permit Application with Architectural Review Certification 2014 - Updated Thru 8-7-2014 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 6/30/2014 14-703 108 West Loockerman Siding Permit - Fascia, siding Staff Approval subject to conditions Replacement of siding over plywood Street areas, and add new siding on rear of building on side of rear addition. Use of vinyl siding not approved; repair existing surfaces or use horizontal wood/fiber composite siding. Project started. 14-761 321 & 323 South Governors Building Permit - Foundations Staff Approval. Reinstall slab with footers under Avenue under Freezer/Refrigerator. mechanical items at rear of building. 6/18/2014 6/24/2014 14-796 54 South State Street, Temporary Sign Permit Staff Approval VBS Sign age (Banner & Sign) Presbyterian Church of installed 6/25/2014-8/11/2014. Dover 7/8/2014 14-511 6 South State Street Building Permit - Interior Staff Approval Permit for interior renovations and Renovations rear porch wall (not visible) to create accessible entry. Project under construction. Other Site Improvements are subject to separate Site Plan S-14-11 and ArchRevCert Review HI-14-03 and future permitting. 14-854 29 South State Street Sign Permit - Post Sign, Wall Staff Approval Post sign installed using existing 7/11/2014 Sign post with bracket arm. 7/17/2014 14-925 45 South State Street Administrative Building Permit No Planning Staff Review occurred. Install chainlink panels over stairwell.

Delaware Downtown Development District Program l Application Guidelines August 1, 2014

SPONSOR: Sen. Henry & Sen. Bushweller & Sen. Marshall & Rep. Keeley & Rep. Bolden & Rep. Scott Sens. Blevins, Ennis, McDowell, Sokola, Townsend; Reps. Bennett, Potter, Ramone, Spiegelman, Paradee, D. Short DELAWARE STATE SENATE 147th GENERAL ASSEMBLY SENATE BILL NO. 191 AN ACT TO AMEND TITLES 22, 29, 30, AND 31 OF THE DELAWARE CODE RELATING TO DOWNTOWN DEVELOPMENT DISTRICTS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 1 Section 1. Amend Title 22 of the Delaware Code by inserting a new Chapter 19 therein and by making deletions 2 as shown by strike through and insertions as shown by underline as follows: 3 Chapter 19. The Downtown Development Districts Act. 4 Subpart I. Establishment, Amendment, and Termination of Districts. 5 § 1901. Purpose. Healthy and vibrant downtowns are critical components of Delaware’s economic well-being and 6 quality of life. The purpose of this chapter is to leverage the resources of state government in a limited number of 7 designated areas in Delaware’s cities, towns, and unincorporated areas in a multifaceted effort: 8 (a) To spur private capital investment in commercial business districts and surrounding neighborhoods; 9 (b) To stimulate job growth and improve the commercial vitality of such districts and neighborhoods; 10 (c) To help build a stable community of long-term residents in such districts and neighborhoods by improving 11 housing opportunities for persons of all incomes and backgrounds; increasing homeownership rates; building a diverse 12 array of successful businesses; and reducing the number of vacant houses; and 13 (d) To help strengthen neighborhoods, while harnessing the attraction that vibrant downtowns hold for talented 14 young people, innovative small businesses, and residents from all walks of life. 15 § 1902. Definitions. As used in this chapter: 16 (1) “Committee” means the Cabinet Committee on State Planning Issues established pursuant to 29 Del.C. §§ 17 9101 et seq. 18 (2) “District Plan” means the strategic plan or other detailed description of the overall strategy for the development 19 of a proposed district submitted by the municipality or unincorporated area as part of its application for District designation. 20 (3) “DSHA” means the Delaware State Housing Authority. Page 1 of 9 SD : TGW : MMS Apr 03, 2014 3081470305

21 (4) “Downtown” means that portion of a city, town, or unincorporated area that traditionally comprises its 22 downtown or central business district, as determined by such city, town, or unincorporated area in accordance with 23 guidelines promulgated by the Office. 24 (5) “Downtown Development District” or “District” means an area within a municipality or unincorporated area 25 designated as a Downtown Development District in accordance with the provisions of this chapter. 26 (6) “Municipality” means any incorporated town or city of this State. 27 (7) “Office” means the Office of State Planning Coordination. 28 (8) “Unincorporated area” means an area of the State having a concentration of population that is not a 29 municipality and that is eligible to apply for and receive District designation in accordance with rules promulgated by the 30 Office. 31 § 1903. Applications for District designation. 32 (a) At the request of the Governor, the Office shall solicit applications from municipalities and unincorporated 33 areas to have an area designated as a Downtown Development District. Such application shall include a description of the 34 area to be included; the need for District incentives; the District Plan; local incentives offered; and such other information 35 as may be required by the Office. 36 (b) The Office of State Planning Coordination shall administer the application process and establish criteria to 37 determine what areas qualify as Downtown Development Districts. The Office is authorized to take such actions as may be 38 necessary or convenient to fulfill its responsibilities hereunder, including but not limited to promulgating rules and 39 regulations relating to the establishment, amendment, and termination of Districts and providing assistance to 40 municipalities and unincorporated areas in connection with the application process. 41 (c) The criteria for designating areas as Downtown Development Districts shall include: 42 (1) The need and impact of such a designation for such area, including but not limited to income, unemployment 43 rate, homeownership rate, and prevalence of vacant or abandoned housing units in such municipality or unincorporated 44 area. Need and impact factors shall account for at least 50 percent of the consideration given to applications for District 45 designation; 46 (2) The quality of the municipality’s or unincorporated area’s District Plan; 47 (3) The quality of the local incentives offered; and 48 (4) Such other criteria as may be determined by the Office. 49 § 1904. Review and approval of applications. Page 2 of 9 SD : TGW : MMS Apr 03, 2014 3081470305

50 (a) Applications for District designation shall be evaluated by the Cabinet Committee on State Planning Issues, 51 which shall recommend to the Governor those applications with the greatest potential for accomplishing the purposes of 52 this chapter. 53 (b) Upon receipt from the Committee of any recommended application, the Governor (i) may designate 54 immediately the recommended area as a District; (ii) may designate the recommended area as a District effective one year 55 from the date of such determination by the Governor; or (iii) may deny such application. 56 (c) The initial round of applications shall result in the immediate designation of at least one but no more than three 57 Districts. 58 § 1905. Designation, renewal, and amendment of Districts. 59 (a) No more than 15 Districts shall be designated at any one time. Designation of the first three Districts shall 60 include one District in each county. 61 (b) Districts shall be designated for an initial 10-year period. Upon recommendation of the Committee, the 62 Governor may renew Districts for up to two five-year renewal periods. Recommendations for renewals shall be based on 63 the performance of District responsibilities by the municipality (or county in the case of an unincorporated area); the 64 continued need for such a District; and its effectiveness in creating capital investment, increasing population, creating jobs, 65 improving housing stock, providing enhanced retail and entertainment opportunities, and otherwise improving the quality 66 of life within such District. 67 (c) Any municipality (or county in the case of an unincorporated area) having a District within its borders shall be 68 responsible for providing the local incentives specified in its application, providing timely submission of reports and 69 evaluations as required by rule or regulation, implementing an active local Development District program within the 70 context of overall economic and community development efforts, and fulfilling such other responsibilities as may be 71 required by law, rule, or regulation in connection with such District. 72 (d) Each District shall be required to submit regular reports and information to the Office as may be necessary to 73 evaluate such District’s effectiveness and compliance with this section. 74 § 1906. Local incentives. 75 (a) Any municipality or unincorporated area submitting an application for District designation shall propose local 76 incentives that address local economic and community conditions, and that will help achieve the purposes set forth in § 77 1901 of this chapter. Such local incentives may include but are not limited to a reduction in fees or taxes. In addition, the 78 application may also contain proposals for regulatory flexibility, which may include but are not limited to permit process 79 reforms, special zoning districts, or exemptions from local ordinances. Page 3 of 9 SD : TGW : MMS Apr 03, 2014 3081470305

80 (b) All incentives proposed in the application shall be binding upon the municipality (or county in the case of an 81 unincorporated area) upon designation of the District. The extent and duration of such incentives shall be consistent with 82 the requirements of the Delaware Constitution and the United States Constitution. 83 (c) A municipality or county may establish eligibility criteria for local incentives that differ from the criteria 84 required to qualify for the incentives provided in this chapter. 85 § 1907. Amendments to District boundaries and incentives. 86 A municipality or county may apply to the Office to amend the boundaries of the District or to amend one or more 87 District incentives, provided that any revised incentive proposed by the municipality or county shall be equal or superior to 88 the incentive for which the amendment is sought. All proposed amendments are subject to approval by the Committee. 89 § 1908. Formal Review and Termination of Districts. 90 (a) If a municipality (or a county in the case of an unincorporated area) fails to fulfill its obligations pursuant to § 91 1905 or as otherwise set forth in this Act, then the Office may recommend to the Committee that the District be placed 92 under formal review or that its District designation be terminated. 93 (b) Except in instances where a city, town, or municipality fails to provide local incentives in accordance with § 94 1906 hereunder, the Office (1) may not recommend placing any District under formal review for at least 2 years following 95 the initial designation of such District, and (2) may not recommend terminating the designation of any District for at least 1 96 year following the placement of the District on formal review by the Committee. 97 (c) In no event shall the Office recommend formal review or termination of any District without providing 98 sufficient notice and opportunity to be heard to such District. 99 (d) The Committee may approve any recommendation by the Office to place a District under formal review or to 100 terminate a District’s designation upon the affirmative vote of three-fifths of the members of the Committee. 101 (e) The Office may promulgate regulations to authorize the continuation of previously authorized District 102 incentives for a reasonable period following termination of the District; provided, however, that no new incentives shall be 103 authorized for any entity after the date of termination. 104 Subpart II. Downtown Development District Grants. 105 § 1921. Qualifications for Downtown Development District Grants. 106 (a) Subject to the limitations set forth in this subpart, any Qualified District Investor making a Qualified Real 107 Property Investment in a District shall be entitled to a Grant in an amount up to 20 percent of the Qualified Real Property 108 Investments made by such Qualified District Investor in excess of the Minimum Qualified Investment Threshold. 109 (b) For purposes of this chapter: Page 4 of 9 SD : TGW : MMS Apr 03, 2014 3081470305

110 (1) “DDD Grant” or “Grant” shall mean a Downtown Development District Grant as set forth in paragraph (a) 111 hereunder. 112 (2) “Facility” means a complex of buildings, co-located at a single physical location within a District, all of which 113 are necessary to facilitate the conduct of the same residential, trade, or business use. This definition applies to new 114 construction as well as to the rehabilitation and expansion of existing structures. 115 (3) “Minimum Qualified Investment Threshold” means the minimum level of Qualified Real Property Investments 116 required to be made by a Qualified District Investor in a building or facility in order to qualify for a DDD Grant, as 117 determined by DSHA. Notwithstanding the foregoing, for the fiscal year ending June 30, 2015, the Minimum Qualified 118 Investment Threshold shall be $25,000 with respect to a single residential or mixed-use building or a facility. No more 119 often than once per year, DSHA may amend the Minimum Qualified Investment Threshold with respect to uses (residential, 120 commercial, industrial, etc.), types of projects (rehabilitation, new construction, etc.), or other criteria determined by DSHA 121 to be necessary or convenient to accomplish the purposes of this chapter. 122 (4) “Qualified District Investor” means an owner or tenant of real property located within a District who expands, 123 rehabilitates or constructs such real property for residential, commercial, industrial or mixed use. In the case of a tenant, the 124 amounts of qualified real property investment specified in this section shall relate to the proportion of the building or 125 facility for which the tenant holds a valid lease. In the case of an owner of an individual unit within a common interest 126 community, as such term is defined in 25 Del.C. § 81-103(11), the amounts of qualified real property investments specified 127 in this chapter shall relate to that proportion of the building for which the owner holds title and not to common elements. 128 (5) “Qualified Real Property Investment” means the amount in excess of the Minimum Qualified Investment 129 Threshold that is properly chargeable to a capital account for improvements to rehabilitate, expand or construct depreciable 130 real property placed in service during the calendar year within a District. Specific inclusions and exclusions from the 131 definition of “Qualified Real Property Investments” shall be determined by DSHA, but such definition shall generally 132 include expenditures associated with (i) any exterior, interior, structural, mechanical or electrical improvements necessary 133 to construct, expand or rehabilitate a building or facility for residential, commercial, industrial, or mixed use; (ii) 134 excavations; (iii) grading and paving; (iv) installing driveways; (v) landscaping or land improvements; and (vi) demolition. 135 Notwithstanding the foregoing, no investment in the rehabilitation, expansion, or construction of any building or facility in 136 a District shall be a Qualified Real Property Investment unless it is performed in accordance with the District Plan. 137 § 1922. Limitations and Conditions. 138 (a) The availability of Downtown Development District Grants in any given year shall be subject to appropriation 139 by the General Assembly. Page 5 of 9 SD : TGW : MMS Apr 03, 2014 3081470305

140 (b) In addition to its other powers and responsibilities hereunder, DSHA is expressly authorized to establish such 141 other limitations and conditions with respect to Grants as may be necessary or convenient to accomplish the purposes of 142 this chapter, including but not limited to: 143 (1) Amending the Minimum Qualified Investment Threshold; 144 (2) Establishing caps or limits on DDD Grants available to any Qualified District Investor, alone or in combination 145 with other local, state, or federal incentives for any individual building or facility (including but not limited to State 146 Historic Preservation Tax Credits pursuant to Chapter 18 of Title 30); 147 (3) Establishing additional qualifying criteria with respect to uses (residential, commercial, industrial, etc.) or 148 types of projects (rehabilitation, new construction, etc.); 149 (4) Incentivizing particular types of uses or projects in one or more Districts; and 150 (5) Establishing such other limitations and conditions in one or more Districts as DSHA shall determine from time 151 to time. 152 (c) DSHA may establish or amend the foregoing limitations and conditions no more often than once per year. 153 § 1923. Policies and procedures for allocation of Downtown Development District Grants. 154 (a) Qualified District Investors shall be eligible to receive DDD Grant provided for in this chapter to the extent that 155 they apply for and are approved for grant allocations through DSHA. 156 (b) The accuracy and validity of information on Qualified Real Property Investments shall be subject to 157 verification procedures in accordance with rules promulgated by DSHA on forms supplied by DSHA and in accordance 158 with dates specified by DSHA. 159 § 1924. Administration. 160 (a) DSHA shall have the primary responsibility for administering the DDD Grant program. In connection 161 therewith, DHSA’s powers and duties shall include but not be limited to the following: 162 (1) Adopting such rules and procedures as may be necessary or desirable to effectuate the provisions of this 163 chapter; 164 (2) Administering, enforcing, and interpreting such rules and procedures; 165 (3) Allocating Grant funds in accordance with the provisions of this chapter; and 166 (4) Monitoring the implementation and operation of this subpart. 167 (b) Beginning no later than December 31, 2015, DSHA shall issue an annual report to the Governor and the 168 General Assembly evaluating the effectiveness of the Grant program established hereunder. Page 6 of 9 SD : TGW : MMS Apr 03, 2014 3081470305

169 (c) DSHA may delegate to, and receive assistance from, other entities including the Office, DEDO, and other state 170 agencies in carrying out its responsibilities hereunder. 171 Section 2. Amend Title 29, § 9101(a) of the Delaware Code by making deletions as shown by strikethrough and 172 insertions as shown by underline as follows: 173 § 9101 Cabinet Committee on State Planning Issues. 174 (a) A Cabinet Committee on State Planning Issues is established and shall serve in an advisory capacity to the 175 Governor. It shall be comprised of the following members or their respective designees: 176 (1) The Secretary of the Department of Natural Resources and Environmental Control. 177 (2) The Secretary of the Department of Transportation. 178 (3) The Secretary of the Department of Agriculture. 179 (4) The Director of the Delaware Economic Development Office. 180 (5) The Director of the Delaware State Housing Authority. 181 (6) The Secretary of the Department of Safety and Homeland Security. 182 (7) Such others as the Governor may designate. 183 Section 3. Amend Title 29, § 9101(c) of the Delaware Code by making deletions as shown by strikethrough and 184 insertions as shown by underline as follows: 185 (c) The Committee shall consider matters relating to the orderly growth and development of the State, including, 186 but not limited to: 187 (4) Recommendations on land use planning actions that are subject to review and comment pursuant to Chapter 92 188 of this title; and 189 (5) Preparing the Strategies for State Policies and Spending document and maps, which shall serve as the primary 190 policy guide that summarizes the State's land use goals, policies and strategies and directs state spending into investment 191 levels that support the most efficient use of state resources, be they physical, fiscal, or natural, except that county and 192 municipal governments shall retain their existing autonomy with respect to the land use designations set forth in their 193 proposed and/or adopted comprehensive plans. The Strategies for State Policies and Spending shall be updated at least 194 every 5 years, provided that the Governor may extend the deadline at his or her discretion.; and 195 (6) Performing such other duties and responsibilities with respect to Downtown Development Districts as set forth 196 in Chapter 19 of Title 22. 197 Section 4. Amend Title 29, § 9101(h) of the Delaware Code by making deletions as shown by strikethrough and 198 insertions as shown by underline as follows: Page 7 of 9 SD : TGW : MMS Apr 03, 2014 3081470305

199 The Office of State Planning Coordination shall render local planning technical assistance. The Office of State 200 Planning Coordination may serve as the lead agency to engage other state agencies, local governments, and other 201 governmental and nongovernmental organizations for the purposes of coordinating planning activities, promoting liaison 202 between various state agencies and local governments, building capacity through training and sharing of digital and other 203 information, developing infrastructure plans and master plans, addressing specific growth and design issues, and such other 204 actions as are appropriate to achieve the purposes of this chapter. The Office of State Planning Coordination shall develop 205 and promote cooperation and coordination among state agencies and local governments to ensure effective and efficient 206 planning and infrastructure investment. The Office of State Planning Coordination may make grants available to county and 207 municipal governments to assist them in achieving any of the objectives outlined in this section, provided that funded 208 activities and deliverables are in compliance and in harmony with the Strategies for State Policies and Spending. The Office 209 of State Planning Coordination shall further have such authority and responsibility with respect to Downtown Development 210 Districts as set forth in Chapter 19 of Title 22. 211 Section 5. Amend Title 30, § 1812(6) of the Delaware Code by making deletions as shown by strikethrough and 212 insertions as shown by underline as follows and renumbering the remaining sections accordingly: 213 (6) “Downtown Development District” means an area of a city or down that has been designated by the Governor 214 as a Downtown Development District in accordance with Chapter 19 of Title 22. 215 Section 6. Amend Title 30, § 1816(a) of the Delaware Code by making deletions as shown by strikethrough and 216 insertions as shown by underline as follows: 217 (a) The maximum amount of credit awards under this chapter in any fiscal year shall not exceed $5,000,000. One 218 hundred thousand dollars of the credit awards in a fiscal year must be reserved for distribution to qualified resident curators. 219 If in any fiscal year there are insufficient qualified resident curators to exhaust this allotment, the unused credit amount will 220 be available in the next fiscal year for award to persons qualifying under § 1813(a)(1) or (2) of this title. In any 1 one year, 221 $2,000,000 $1,500,000 of tax credits shall be reserved for projects receiving a credit of not more than $300,000. In 222 addition, in any one year, $1,500,000 of tax credits shall be reserved for projects located in Downtown Development 223 Districts, of which $500,000 shall be reserved for projects in such Districts receiving a credit of not more than $300,000. 224 On April 1 of each year, any unused balance of the $2,000,000 pool foregoing pools of tax credits shall be available to any 225 eligible project. However, should a credit award exceed the actual credit claimed, the amount of the excess credit award 226 shall not be available for a subsequent award. 227 Section 7. Amend Title 31, § 4002(a) of the Delaware Code by making deletions as shown by strikethrough and 228 insertions as shown by underline as follows: Page 8 of 9 SD : TGW : MMS Apr 03, 2014 3081470305

229 § 4002 Purpose. 230 (a) It is the purpose of this chapter that DSHA have the authority and capacity to: 231 (9) Advise and inform the Governor and the public on the affairs and problems relating to housing and community 232 development and revitalization, and make recommendations to the Governor for proposed legislation pertaining thereto; 233 and 234 (10) Administer such provisions of the Downtown Development District Act as set forth in Chapter 19 of Title 22; 235 and 236 (11) Operate DSHA’s financial affairs in a prudent and sound manner. 237 Section 8. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the 238 invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision 239 or application; and, to that end, the provisions of this Act are declared to be severable. SYNOPSIS Healthy and vibrant downtowns are critical components of Delaware’s economic well-being and quality of life. The Downtown Development Districts Act is intended to leverage state resources to spur private investment in commercial business districts and surrounding neighborhoods; to improve the commercial vitality of our downtowns; and to increase the number of residents from all walks of life in downtowns and surrounding neighborhoods. This Act establishes “Downtown Development Districts,” a small number of areas in our cities, towns, and unincorporated areas that will qualify for development incentives and other state benefits. Municipalities must apply for District designation. In the case of unincorporated areas, counties must apply. Applications will be evaluated by the Cabinet Committee on State Planning Issues, which will make recommendations to the Governor. Following the initial round of applications, the Governor must designate at least 1 but no more than 3 Districts. Designation of the first 3 Districts must include 1 District in each county. Under the Act, no more than 15 Districts may be designated at any one time. As part of the application process, municipalities or counties must offer local incentives. The factors to be considered by the Committee when evaluating applications include, among others, (1) the municipality’s or unincorporated area’s need for District designation; (2) the quality of the District Plan; and (3) the quality of the local incentives offered. The Office of State Planning Coordination will prepare applications, establish criteria to determine what areas qualify as DDDs, and provide assistance to municipalities and counties during the application process. Under the Act, investors (both non-profit and for-profit) who make qualified real estate improvements in a District would be entitled to receive Downtown Development District (DDD) Grants of up to 20 percent of their “hard costs” such as exterior, interior, and structural improvements. The incentive is modeled after a similar program in Virginia, which has been extremely successful in leveraging significant amounts of private capital in under-served areas. Investors would need to invest at least $25,000 in a building or facility to qualify, and the 20 percent incentive would only qualify with respect to investments above $25,000. For example, an investor making $45,000 worth of qualifying investments in a District would be entitled to a DDD Grant of up to $4,000 (i.e., 20% of $20,000). The Act gives DSHA the authority to cap the amount of Grants and to establish further conditions and limitations. In addition, because Delaware’s Historic Preservation Tax Credit Program has proven to be a powerful tool both in preserving important historic structures and revitalizing neighborhoods, the Act also provides that 30% of the state’s yearly allocation of HPTCs will be reserved for projects in Downtown Development Districts. If by April 1 of each year any such credits are not allocated to projects in DDDs, such credits will be made available to any eligible project statewide. Author: Sens. Henry & Bushweller & Marshall Page 9 of 9 SD : TGW : MMS Apr 03, 2014 3081470305

Downtown Development District Program Definitions Central Business District: The area around the downtown portion of the city or town allowing for higher intensity residential uses as well as commercial, office, personal services, governmental, and similar uses intended to serve the community and surrounding areas of the city or town. Charrette A multi-day, collaborative planning event that harnesses the talents and energies of all affected parties to create and support a feasible plan that represents transformative community change. DDD A Downtown Development District (District) established by a local government and designated by the Governor in accordance with the Downtown Development Districts Act of 2014. District Administrator An individual appointed or assigned by the local government to be to administrator of the DDD program for that community. The District Administrator will be the chief point of contact for the District and will be responsible for all record keeping and reporting that are required by the program. District Plan A plan that identifies the boundaries of a Downtown Development District and includes goals, objectives and strategies for redevelopment of the area. For purposes of the DDD program, the District Plan shall be prepared in accordance with the checklist and application form for the program. Enclave A parcel or group of parcels isolated and surrounded by lands that are included in the District. Local Government / Applicant Municipalities and counties are eligible to apply for Downtown Development District designation. Throughout the application the terms “local government” and “applicant” refer to either the municipality or county that is presenting the application. Key Priority Project A specific project identified in the District Plan that is considered to be a potential catalyst for other redevelopment activity and / or contribute to superior urban design or other benefits to the District. Population: The population of the municipality based on the 2010 US Census.

Downtown Development Districts Program Links to Additional Resources Delaware Economic Development Office (DEDO) http://dedo.delaware.gov/ Downtown Delaware http://dedo.delaware.gov/BusinessServices/DowntownDelaware/Downtow nDelaware.shtml?DowntownDelaware Delaware Office of State Planning Coordination http://stateplanning.delaware.gov/ Downtown Development Districts Program http://stateplanning.delaware.gov/ddd/ Delaware State Historic Preservation Office (SHPO) http://history.delaware.gov/ Tax Credit Program http://history.delaware.gov/preservation/taxcredit.shtml Delaware State Housing Authority http://www.destatehousing.com/

Delaware Downtown Development Districts Program Sample Plans Summary of Plan 1, Town of XYZ – The “Superior” Plan This is a summary of a hypothetical District Plan that includes the elements that would make such plan an example of a “superior” submission by a municipality or county. It serves to demonstrate how these elements may be combined in a District Plan. District Description The Town of XYZ identified a district centered on Main Street, the core of their traditional historic downtown CBD. The town has a population of 15,000 people, so they chose a district of 120 acres that includes their CBD and some adjacent residential areas and connected commercial properties. These areas are all in need of revitalization. The residential neighborhoods are among the poorest in the city and the buildings are mostly in need of repair, which the community feels is hampering economic development activities on the Main Street. The town has worked with the public through a variety of participation activities, including a charrette, to determine the boundaries of the area and the key objectives for redevelopment. The town has been working for years to redevelop a vacant commercial property that they own adjacent to Main Street. In their District Plan this property is identified as a Key Priority Project, and a key component of phase 1 of the plan is to attract a developer to construct the mixed use development on the parcel that they envision. The town used relevant data to support the need for the creation of the district. With Census and other data they were able to submit verifiable evidence that the proposed District has a high poverty rate, low homeownership, many vacant buildings and a high number of structures with code violations. The town was able to identify a variety of potential positive impacts, including economic development, increased services for residents, and jobs near transportation and neighborhoods. By attracting more residents the town hopes that more transit will be available downtown as density increases. They also feel that redevelopment of the downtown will increase pride in the community, and in turn, encourage more investment. Development / Redevelopment Strategy The District Plan clearly articulates several overarching goals and objectives that will guide the community as it implements the plan. For example, one goal is to increase home ownership and it is linked to the objective of coordinating homeownership incentives in the District between local incentives, DSHA programs, and the DDD funds. This town went further by specifying some key actions that will enable the community to achieve these lofty goals. One key action has been already completed. As a result of the charrette the town enacted a form based code and other land use regulation which allows for administrative review of development projects that meet the plan. These regulations greatly reduce the time for approval and do not require public hearings unless the development deviates from the approved development plan and regulations. The public was fully engaged in the development of the plan and regulations through the charrette, and is fully supportive. An example of another key action is that the town identified several specific projects that are either “shovel- ready” or are on the cusp on being redeveloped if the right incentives are available. In its application, the town described the efforts it would undertake to bring these projects to fruition, which included educating

stakeholders on all of incentives available, including local incentives and the DDD program. In addition, the Town identified their Key Priority Project as a future mixed use development that is ready to get started within 6 months. Since the Town controls the property, they will be able to work directly with the future developer to expedite the process. Of the 120 acres of the DDD, the Town selected a 60-acre area as the first phase. This phase contains the four most important blocks of the CBD, including the above mentioned specific properties and the Key Priority Project. The plan indicates that they intend to concentrate incentives in this area in hopes that new development here will catalyze other redevelopment activities throughout the District in future years. Local Incentives The town council has already amended the land use regulations in an effort to speed up the land use review process to allow administrative review available for projects that meet the plan. In addition, Council has introduced an ordinance that would waive building permit fees and allow for reduced sewer and water impact fees for projects in the District that are in conformance with the District Plan. The town has also committed to piloting a community policing program in the District and stepping up efforts to enforce code violations against problem landlords. Consistency with other Planning Documents The proposed District is in Level 1 in the State Strategies, and has been identified in The Town of XYZ’s comprehensive plan as a mixed use downtown area. Other chapters of their comprehensive plan address redevelopment in the downtown and correspond to the goals of the DDD Program. The Town has been in the process of implementing their comprehensive plan, which has included the charrette and the new form based code and land use regulations recently adopted. This District Plan is presented as an extension of the implementation of the Town’s comprehensive plan. Coordination The town has established a leadership role to guide the successful implementation of the comprehensive plan, and that team will continue their work by adding on the responsibilities of the DDD program. A key component of the town’s approach is working with other governmental organizations, businesses, and non-profits. They have signed agreements with the local Main Street group and a non-profit housing organization to coordinate efforts. In addition, the town has appointed its town planner to be an ombudsman to walk applicants through the development process in the proposed DDD. Other Town departments, such as public works, are actively involved and are working to realign the CIP to prioritize projects in the DDD that will compliment redevelopment efforts. Discuss Land Use and Urban Design Rules and Regulations In their application, the town included the text and maps from its comprehensive plan that identified the downtown area and set the goals for redevelopment. The town also provided the report written as a result of the charette process which detailed desired urban design features, and led to the new land use regulations that have already been adopted. Finally, the town presented the new regulations which are graphic in nature, and give a clear picture of the desired outcomes.

Public Comment and Council Approval The charrette process used to create the new land use regulations was really a detailed master planning exercise. It included widespread public outreach and many residents and business owners from the downtown participated. As evidenced by a resolution passed unanimously by town council in support of the plan and application, the town received significant “buy-in” with respect to its redevelopment strategy. Land use regulations passed without opposition. There were also public meetings as the District Plan and application were being prepared, and the community is excited to be included in the program and enthusiastically supports the application. Summary As you can see, the community is well aware of the difficulties faced in their downtown and has taken concrete steps over a period of time to reach solutions to these issues. The District Plan is an extension of these efforts and will add to efforts already underway. The District Plan contains not only goals and objectives backed up by data, but also some specific projects that members of the community have identified. In short, the Town of XYZ appears to be well positioned to provide leadership for redevelopment activities in their downtown and the DDD program will provide them additional incentives to help further their efforts.

Summary of Plan 2, Town of ABC – The “Less than Ideal” Plan This is a summary of an imaginary District Plan that does not include the elements envisioned by the DDD Program. Although the municipality has filled out the application and created a District Plan it appears that the community is not well positioned to successfully implement a downtown redevelopment program. District Description Even though the Town of ABC has only 9,100 residents, they have selected the maximum size for the District, 170 acres. They only chose to include a small portion of the traditional downtown area, although the rest of the downtown clearly could benefit from redevelopment activities. The boundaries do not have a regular shape, but rather they appear to be gerrymandered to include lower density residential neighborhoods and suburban style strip commercial areas that front the highway. The town’s overall goals and objectives were very general and it was not clear how, or if, these goals informed the creation of the proposed District. The positive potential impacts were similarly general, and the data did not support the need because the neighborhoods and commercial areas selected did not appear to be in need of redevelopment. Development / Redevelopment Strategy The overarching goals and objectives were very general, and the plan did not clearly and concisely describe actions and strategies. Although the goals and objectives were generally applicable to downtown redevelopment, it could not be determined from the application that they were relevant to this town or the areas selected. No specific parcels were identified as being “shovel ready” or otherwise poised to take advantage of the incentives offered under the DDD Program. The Town selected the maximum acreage, but did not propose any phasing or timing. There are no specific projects mentioned, and the Town is not involved in any specific redevelopment activities at the present time. Local Incentives In their application the Town of ABC indicated that they will be exploring a reduction in the building permit fee for projects in the proposed District. However, it is not clear if there is any council support for this proposal because no ordinances have been introduced yet and there is not even a draft ordinance available to attach to the application. The Town indicates that they are not considering reducing their sewer or water impact fees at this time. They did not mention land use regulations or the land use process in their application Consistency with other Planning Documents Most of the proposed District is in Level 1 of the State Strategies, and portion of the low density residential neighborhood is in Level 2. The Town’s comprehensive plan identifies these areas as low density residential and highway commercial. The small portion of the downtown CBD that is in the District is identified for commercial use. It is not clear from the application or the plan how these designations support compact, mixed use development. Coordination There are two downtown organizations and a non-profit housing group active within the identified district, all working on different projects. These groups work independently of one another. Although two of the groups

have town council members on their boards, the Town is not formally involved with any of these organizations. The application makes no mention of any attempt to coordinate their activities. Discuss Land Use and Urban Design Rules and Regulations The land use regulations support low density residential and highway commercial development, not the mixed use development that is discussed in the application. In fact, the small portion of the CBD included in the district is identified as “commercial” which does not allow for residential dwellings in either the plan or the current zoning ordinance. The zoning ordinance itself was last updated in 1973, and appears to be a traditional Euclidean ordinance that calls for a strict separation of uses. The application makes no mention of revising the ordinance. Public Comment and Council Approval It does not appear that the Town of ABC held any public workshops or other outreach efforts as they prepared their application. They did provide minutes to demonstrate that it was an agenda item at a regular council meeting, but there was no public hearing. The town’s application did not include a resolution evidencing the town council’s support of the plan and application. Summary It appears that The Town of ABC is not ready for the program. The area they chose was large, unfocussed, not phased, and included areas that do not appear to match the goals of the Downtown Development Districts Program. The goals and objectives are very general and not specific to the community. It does not appear that the Town is interested in or able to take a leadership role in coordinating with other groups involved in downtown redevelopment. Finally, the Town Council has not provided a resolution supporting the application or any evidence of a meaningful and compelling package of local incentives.

Downtown Development District Program District Plan Checklist Plan Elements1 Content District Description Describe: Citywide map with outlined district District map ‐ Districts must be contiguous, and be no more than 85 acres in area for local governments with a population under 9,000 and no more than 170 acres in area for local governments with a population between 9,000 and 30,000 and no more than 225 acres for local governments with a population over 30,001. If using the maximum acreage it is recommended that you identify phasing and prioritization of the area. Districts must include a traditional mixed‐use downtown area, commonly known as a Central Business 2 District (CBD) . The size and shape of the proposed District must make sense from an urban planning and revitalization perspective. The need for the Downtown Development District economic incentives must be documented with the use of relevant data and other methods as discussed in the application. Identify the potential positive impacts that are likely to accrue due to designation as a District. Development/ Describe overall goals and objectives for the selected area. Redevelopment The District Plan should clearly and concisely describe the key actions and strategies that are in place and Strategy / or will be used to guide growth and revitalization efforts in the proposed District. If proposing the maximum acreage, phasing and prioritization is preferable. Identify priority areas/sites. List any known projects that can be underway within 6 to 12 months Include an implementation timeline. Local Incentives What local incentives will be available to the district upon its designation (e.g., fee or tax reductions, permit or licensing reform …)? Describe how these incentives will work in concert with the Downtown Development District benefits. Consistency with other The most recently certified comprehensive plan; planning documents The State Spending Strategies. local and state land use regulations; other overlay district regulations (e.g., historic districts, BIDS, …) Discuss land use and Adequacy of current zoning urban design rules and Adequacy of current land use regulations regulations that will be Adequacy of current design standards such as historic review overlays, … applied to the district Map showing current zoning and land use regulations that apply Map showing proposed zoning and land use changes needed (if any) to accomplish goals and objectives Coordination Discuss how the local government envisions itself in a leadership role to guide the successful implementation of the District Plan If other governmental, non‐governmental and/or quasi governmental organizations are involved with revitalization efforts in the downtown area they must be identified and it must be demonstrated that coordination of all activities will be part of the District Plan. Public Comments How will public input be obtained? 1 More detailed information on the plan elements can be found in the application document. 2 Central Business District: An area around the downtown portion of the city or town allowing for higher intensity residential uses as well as commercial, office, personal services, governmental, and similar uses intended to serve the community and surrounding areas of the city or town.

Downtown Development District Program Response to Public Comments The DRAFT application and program guidelines booklet for the Downtown Development District Program were available for public review between July 2nd and July 25th, 2014. The following table summarizes the comments received and provides our staff response to each comment. Summary of Comment Staff Response Phasing of incentives is encouraged, but could preclude Phasing and / or prioritization of incentives within large Districts is market based redevelopment. The commenter wants to be encouraged in order to concentrate redevelopment activities. sure that State incentives will apply equally across the However, this is a recommendation and not a requirement. Local geographic area once the District is designated. governments are welcome to consider this approach as they prepare their District Plans and applications. State incentives will be available to the entire geographic area of the District unless the District Plan indicates otherwise. The language in the application has been edited to make it clear that phasing and / or prioritization of incentives is a recommendation and not a requirement. The application indicates that smaller Districts will be The intent was to encourage local governments to focus the prioritized over larger District proposals. The commenter incentives in the areas which are most in need of redevelopment. feels this will disadvantage larger municipalities which There was no intent to disadvantage larger municipalities, and we have downtowns that cover more acres, and thus need the do understand the desire to redevelop large areas that need it. maximum acreage allowable. Based on this comment, and others we have received, the application has been edited to remove the language about any additional consideration or “scoring” benefit to be derived from proposing a smaller District than the maximum. Based on this and other comments we have also increased the maximum acreage to 225 acres for larger jurisdictions (over 30,000 population). We have also added a question which requires the applicant to describe the rationale for choosing the boundaries. Suggests a text edit to correct an incomplete sentence on This sentence has been edited. page 2 of the application. Indicates that the jurisdiction will be combining two Yes, it is acceptable to submit a District Plan comprised of two (or existing planning documents with an overall summary to more) existing planning documents that already address downtown create the District Plan. The commenter wants to make redevelopment. sure that this is acceptable Has read the draft application and finds it easy and clear to Thank you for the feedback. No other response needed. follow. No questions at this time The maximum acreage requirement is a constraint for the We researched successful downtown redevelopment initiatives jurisdiction since the downtown is much larger than 170 before developing the DDD program. An important finding was acres that redevelopment activities were most successful when they were concentrated in a specific downtown area. It seems that key projects tend to catalyze other land owners to make similar investments as long as the properties are close enough geographically to benefit from one another. With this said, we do understand the unique needs of large municipalities with large downtown districts. After considering this comment and others received, we have decided to alter the maximum acreage to 225 acres for municipalities with a population over 30,000. Streets should not be included in the calculation of acres in The DDD program is not limited to the “real property grants.” a District so that more area can be included in the District. Streets, and other infrastructure, are integral parts of any downtown area. It is our desire that DDD boundaries be as simple and understandable as possible so that the program can be efficiently administered as time goes on. We have made no changes. Streets are counted in the acreage. We have increased the size for districts in large municipalities to help accommodate this issue for those jurisdictions. The requirement for contiguity impairs the jurisdiction’s We researched successful downtown redevelopment initiatives desire to redevelop “sub-zones” in different parts of the before developing the DDD program. An important finding was city. that redevelopment activities were most successful when they were concentrated in a specific downtown area. It seems that key

projects tended to catalyze other land owners to make similar investments as long as the properties were close enough geographically to benefit from one another. This finding led to the contiguity requirement, and also to the maximum size requirement. We have increased the maximum size of the District for large municipalities, but the contiguity requirement will not be changed. The inability to carve out “enclaves” that may include It is our desire that DDD boundaries be as simple and publically owned buildings limits the jurisdiction from understandable as possible so that the program can be efficiently extending the District to other areas in need of administered as time goes on. We have made no changes to the redevelopment program criteria. We are happy to consider District boundaries that avoid blocks containing large concentrations of government buildings, but allowing enclaves could lead to a District that looks like “swiss cheese” where every structure or parcel deemed unlikely to take advantage of the incentives could be removed from the boundary. Jurisdictions that wish to phase or prioritize the incentives for certain specific areas, building types, land uses, or economic development projects within the District are encouraged to propose this in the District Plan. Emphasis on GIS files may add cost to smaller OSPC will provide GIS assistance to small municipalities that municipalities. request it. Census data may be time consuming to gather. OSPC is the Census State Data Center. They will assist in collecting Census data if requested. The “suggested supplemental data” may be difficult to Each municipality is welcome to provide whatever data they have gather if not already being quantified. available and deem appropriate in order to make the case for the need for redevelopment incentives in their downtown.

Downtown Development District Program How to Use this Application Form This application is a Microsoft Word document that has been modified. The text in the document is “locked” meaning that you can’t edit it. The fields where you are supposed to enter information are “open” allowing you to type or paste information into these fields. The fields that can be edited are in gray. First, we recommend that you save this document with a unique file name that includes the name of your jurisdiction. An example would be “DDD-Application-Dagsboro.” Then you can work on the document without fear of overwriting it, and when you send it to us we will know who it came from (and we won’t be in danger of overwriting it). Some of the fields are informational in nature, such as places to type in the name and address of your jurisdiction. It should be relatively straightforward to type this information in and save it. Some of the fields are check boxes, which are similarly straightforward. Many of the fields are questions that ask you to respond in either 100 or 750 words. You might find it helpful to write and edit your responses in a separate Word document and then paste them in to the application once they are complete. The 100 word statement is to be used internally for review and in printed materials where we need a concise description of each proposed District. Almost all other questions are suggested to be no more than 750 words, which is about a page and a half of text (using 12 point font). In these responses it is important to clearly and concisely answer each question. Your District Plan can go into much more detail about each topic, and it is appropriate and expected that you will reference your District Plan in these 750 word responses. There is no penalty for exceeding 750 words, but if you find that you are writing much more than 750 words please consider putting the additional information in your District Plan. There are numerous attachments mentioned throughout this application. The most obvious one will be the District Plan. The application also asks for various maps, spreadsheets, letters of support, resolutions and data to be attached associated with particular questions. Please compile all of the attachments into one Adobe Acrobat (.pdf) document. It would be wonderful if you could include a table of contents, and organize these attachments in the order of the questions. It is likely that when you are done with the application form (Word document) and the attachments (.pdf document) the combination of both documents will be larger than 15mb, which is the limit for external email in the State system. In these cases, we will arrange for you to have access to a sftp file transfer site to upload your documents. Email the OMB Application Team at OMB_APP_Team@state.de.us to request an account and a password to upload the file. You must include the following information in your email in order for the OMB Application Team to process your account access: Name, Company, Email Address, and Phone Number. OSPC will provide technical assistance with Census data and GIS mapping if requested by local governments that can demonstrate the need for the assistance. We will provide assistance to all local governments on the technical aspects of completing this application and transmitting / uploading finished applications. To request assistance or if you have questions about any part of this application or the program in general please contact your Circuit Rider Planner at the Office of State Planning Coordination, (302) 739-3090.

Downtown Development Districts Application for Designation as a District Section I Completed applications will be General Guidelines considered by the Cabinet Committee on State Planning Issues (the Committee). The Committee will make The Downtown Development Districts recommendations to the Governor, who Act of 2014 (the Act) was enacted by the will then designate between one and General Assembly in order to: three Downtown Development Districts in the current program year. Additional • Spur private capital investment in Districts may be designated in future commercial business districts and program years. The number of Districts other neighborhoods; is limited to 15 at any one time. District • Stimulate job growth and designations last for 10 years, and the improve the commercial vitality Committee can consider up to two five of such districts and year extensions. neighborhoods; • Help build a stable community of Selection as a Downtown Development long term residents by improving District will entitle private construction housing opportunities; and projects within the identified District to • Assist local governments in receive grants to offset 20% of their strengthening neighborhoods capital construction costs. There are a while harnessing the attraction host of other benefits that will be that vibrant downtowns hold for described in more detail in other talented people, innovative small materials. Grant funds will be businesses and residents from all administered by the Delaware State walks of life. Housing Authority (DSHA). Local governments1 that wish to take Applications must be addressed to the advantage of this program must identify Office of State Planning Coordination as a downtown district in their community follows: and apply for designation. To make an application for designation this form Mrs. Constance C. Holland, AICP must be completed, supporting materials Director must be attached, and the entire packet Office of State Planning Coordination submitted to the Office of State Planning 122 Martin Luther King Jr. Blvd, S. Coordination as detailed herein in order Dover, DE 19901 for the request to be considered. 1 Municipalities and counties are eligible to Application Due Date for apply for Downtown Development District FY15 Cycle: designation. Throughout this document, the terms “local government” and “applicant” refer November 1, 2014 to either the municipality or county that is presenting the application. Released: August 1, 2014 2

Downtown Development Districts Application for Designation as a District plan and land use regulations support the Section II application for the District. Specific Requirements The Act identifies three components of Local governments must identify the application for designation as a proposed Downtown Development District: Districts in accordance with the Act. Districts must include a traditional • The need and impact of the mixed-use downtown area, commonly District designation; known as a Central Business District • The quality of the District Plan (CBD)2. Districts must be no more than • The quality of the local 85 acres in area for jurisdictions with a incentives offered population under 9,0003 persons, no more than 170 acres in area for Each of these components will now be jurisdictions with a population between described in more detail. 9,000 and 30,000 persons, and no more than 225 acres in area for jurisdictions Need and Impact: The applicant must with a population over 30,001 persons. describe the need for the economic Applicants are encouraged to incentives that will be available in geographically concentrate the designated District. The need must be incentives to the greatest extent possible. documented through the use of relevant data and other methods. The conditions The size and shape of the proposed of the local economy, income, poverty, District must make sense from an urban homeownership rates, prevalence of planning and revitalization perspective. vacant or abandoned buildings and other The applicant must fully describe the metrics may be used to make the case rationale for choosing the boundaries as that the proposed District is in need of a part of this application. Guidelines for the incentives. preparing District boundaries are found elsewhere in this application. In addition, the applicant must describe the potential positive impacts that are A map of the District is required as a likely to accrue due to designation as a part of this application. Local District. Applicants are encouraged to governments must also supply maps describe the impacts using both data and showing the future land use and zoning other methods. of the district area, and discuss how the The Need and Impact section will 2 Central Business District: An area around the account for 50% of the consideration downtown portion of the city or town allowing given to scoring each application. for higher intensity residential uses as well as commercial, office, personal services, governmental, and similar uses intended to serve District Plan – The local government the community and surrounding areas of the city must present a District Plan that will be or town. used to guide development activities and 3 Population to be based on the 2010 US Census. Released: August 1, 2014 3

Downtown Development Districts Application for Designation as a District revitalization efforts in the District. The Local Incentives – The local District Plan is to be a detailed government must detail a package of description of the overall strategy for the local development incentives that will development of a proposed district. apply within the proposed District. These incentives may include, but are The applicant must demonstrate that the not limited to, a reduction in fees or District Plan is consistent with the local taxes; regulatory flexibility; permit government’s certified Comprehensive process and licensing reform; special Plan and the Strategies for State Policies zoning districts; or exemptions from and Spending and any other local local ordinances. These incentives may planning documents or studies that are either be currently in place and in use by applicable. Additionally, if other the municipality or county or they may governmental, non-governmental and/or be proposed for implementation upon quasi governmental organizations are designation as a District. involved with revitalization efforts in the downtown area they must be identified Upon designation as a District the local and it must be demonstrated that government is required to implement the coordination of all activities will be part incentive package as described and of the District Plan. proposed for the duration of the District designation. Grant funds will not be The District Plan should clearly and available to projects until the incentive concisely describe the key actions and package is adopted by the local strategies that are in place and / or will government and made available to the be used to guide growth and project developer. Changes to the revitalization efforts in the proposed incentive package must be approved by District. The overall vision of the plan, the Committee. The District designation the clarity of actions to be taken, and may be rescinded by the Committee if proof of the ability and the will of the these conditions are not adhered to. municipality or county and other partners to implement the plan will be The quality of the Local Incentives will key considerations when evaluating this account for 20% of the consideration section of the application. given to scoring each application. Changes to the District Plan must be Section III reviewed by the Committee. District Application Instructions designation may be rescinded if the District Plan is not adhered to. Check List - self-explanatory. The quality of the District Plan will account for 30% of the consideration Information Sheet - The local given to scoring each application. government must supply the jurisdiction's name, mailing address, and phone numbers. The applicant must provide the date of the last update of the Released: August 1, 2014 4

Downtown Development Districts Application for Designation as a District comprehensive plan and briefly describe form, along with any relevant supporting the District being proposed. documentation. Map of the Proposed District – The Written Documentation from local government must submit a map of Supporting Organizations – The local the proposed District in sufficient detail government must supply written to clearly identify the boundaries of the documentation from other organizations District and calculate its area. Maps that will be relied upon to implement the should be created with GIS software, District Plan. The documentation must and the associated computer files should be attached to the “Summary of District be made available to aid our review of Plan” form. the proposal. Districts must be contiguous, and be no more than 85 Summary of Local Incentives – The acres in area for local governments with local government must complete this a population under 9,000 persons, no form to summarize the local incentive more than 170 acres in area for package to be made available within the jurisdictions with a population between District upon designation. The local 9,000 and 30,000 persons, and no more ordinances (or other regulations or than 225 acres in area for jurisdictions documentation) enabling and governing with a population over 30,001 persons. these incentives must be attached to this There are guidelines detailed elsewhere form, along with any relevant supporting in this application that must be followed documentation. In the case of incentives when preparing the proposed District proposed upon designation, the draft boundaries. Applicants must also supply ordinances must be attached. maps showing the future land use and zoning of the district area, and discuss Legislative Body Resolution – The how the plan and land use regulations local government must attach an adopted support the application for the District. resolution from the jurisdiction’s legislative body that indicates the local Summary of Need and Impact – The government’s desire to apply for local government must complete this designation as a District, and the local form to summarize the need for District government’s willingness to adhere to designation and the potential positive the District Plan and the Local impact of the district. Supporting Incentives for the duration of the District documentation should be attached to this designation. form. Summary of District Plan – The local government must complete this form to summarize the District Plan for the proposed District. Copies of the District Plan or Plans must be attached to this Released: August 1, 2014 5

Downtown Development Districts Application for Designation as a District Application Cover Sheet and Check List Jurisdiction Name: Date of Application Date Received Check List for Application Materials Application Cover Sheet and Check List. Information Sheet. Map of the Proposed District (GIS files encouraged). Map of Future Land Use in Proposed District (GIS files encouraged) Map of Zoning in Proposed District (GIS files encouraged) Summary of Need and Impact (with attachments). Summary of District Plan (with attachments). Written Documentation from Supporting Organizations. Summary of Local Incentives (with attachments). Legislative Body Resolution. Released: August 1, 2014 6

Downtown Development Districts Application for Designation as a District Information Sheet Municipality / County: ______________________________________________ Contact Person for Application Proposed District Administrator (if different) Name: Name: Address: Address: Phone: Phone: Email: Email: Signature Date Signature Date Date of certified Comprehensive Plan Population of the municipality or county (as per 2010 US Census) Population of proposed District (based on 2010 US Census Block data) Area of proposed District in acres Brief description of the proposed Downtown Development District (100 words or less) Note: this description will be used as a summary for internal review and in printed materials Released: August 1, 2014 7

Downtown Development Districts Application for Designation as a District Map of the Proposed Downtown Development District Instructions: Prepare a map of the proposed Downtown Development District. The map must clearly show the boundaries of the District. The area of the proposed District, in acres, must be calculated from the boundaries designated on the map. The following guidelines must be adhered to when preparing the boundaries of the proposed District: • The maximum size of the District is 85 acres for local governments with populations below 9,000, 170 acres for local governments with a population between 9,000 and 30,000, and 225 acres for local governments with populations over 30,001 (population as per the 2010 US Census). • Districts must be contiguous. • Districts must include the streets and right-of-ways within it. These count towards the maximum acreage. • Enclaves within District boundaries are not acceptable. • Prioritizing, phasing and /or timing of redevelopment activities in different geographic areas of the District is acceptable, and will be considered favorably when it can be demonstrated that this will concentrate the incentives to achieve specific revitalization goals. • If any portion of the proposed District is in the floodplain, the FEMA floodplain map must be included as a layer on the map. Contact OSPC for technical assistance if needed. Attach the map of the proposed Downtown Development District Attach a map showing the future land use in the proposed District from the municipality’s or county’s certified Comprehensive Plan. Attach a map showing the zoning or land use regulations that apply to lands within the District. Discuss how the plan and land use regulations support the application for the District. It is encouraged that the map(s) be created using GIS software. If the municipality or county is able to use this software, please submit digital files to our office to supplement the application and aid us in our review. Please contact OSPC if you need assistance and / or to arrange to electronically transfer the files. District Boundaries Map Attached GIS data is available and will be electronically transferred to OSPC Name of person who created the map: Phone Email Released: August 1, 2014 8

Downtown Development Districts Application for Designation as a District Map of the Proposed Downtown Development District - continued Describe the rationale for choosing the boundaries of the proposed District (please limit your response to 750 words or less). Attach a map showing the future land use of the District from the local government’s certified Comprehensive Plan. Map Attached GIS data is available and will be electronically transferred to OSCP Attach a map showing the zoning or land use regulations that apply to lands within the District Map Attached GIS data is available and will be electronically transferred to OSPC Released: August 1, 2014 9

Downtown Development Districts Application for Designation as a District Map of the Proposed Downtown Development District - continued Discuss how the plan and land use regulations support the application for the District (Please limit your response to 750 words or less). Are there other special overlays, districts, or areas that intersect the proposed District? Examples of such special areas include historic districts, BID taxing districts, etc. Please describe any of these special areas and how they will interact with the proposed Downtown Development District. Include maps, if applicable. (Please limit your response to 750 words or less). Released: August 1, 2014 10

Downtown Development Districts Application for Designation as a District Summary of Need and Impact 50% Instructions: Complete this form to document the need for the District designation and its potential to positively impact your community. Attachments of data and other documentation are required. There is no specific page or word limit on the information that can be attached, however please be aware that applications that provide clear and concise documentation that is directly related to the need and impact of the District proposal will be scored the highest. Please describe the need for the Downtown Development District designation in your community (please limit your response to 750 words or less). Released: August 1, 2014 11

Downtown Development Districts Application for Designation as a District Summary of Need and Impact – continued 50% Attach relevant data to that demonstrates and documents the need for the Downtown Development District designation. The following table summarizes the required data from the US Census. Input the data into the summary spreadsheet provided, and attach any other written documentation that can summarize the data. Contact OSPC for assistance with the Census data, if needed. Required Data from the US Census The municipality or county as a whole Median Income Poverty Rate Age of Structures % Homeownership % Rental Vacancy Median Home Value The Census Tract(s) that contains the proposed District Median Income Poverty Rate Age of Structures % Homeownership % Rental Vacancy Median Home Value % Low / Mod Income The Census Block(s) that most closely correspond to the proposed District Total Population % Homeownership % Vacancy Summary spreadsheet and other documentation attached Please provide any other data that support the municipality’s application for the District. The following table contains some suggested data sources that can serve to supplement the required data. Please attach any that apply, and any other data that is relevant. Cite the source for each dataset. Suggested Data from a Variety of Sources Blight Condemned Properties Code Violations Crime Statistics Economic Analysis CDBG Program Statistics Market Studies Redevelopment Authority Activities Public Works Projects Education Data Infrastructure Condition or Need Other Additional data and documentation attached Released: August 1, 2014 12

Downtown Development Districts Application for Designation as a District Summary of Need and Impact – continued 50% Describe how the attached data demonstrates the need for the Downtown Development District designation in your community (please limit your response to 750 words or less). Describe the potential positive impacts of the proposed Downtown Development District designation in your community. Impacts can include economic, social and / or cultural impacts among others. Attach supporting documentation if applicable (please limit your response to 750 words or less). Released: August 1, 2014 13

Downtown Development Districts Application for Designation as a District Summary of District Plan 30% Instructions: through this application the municipality or county will be presenting the District Plan that will guide future revitalization, growth and development activities in the District. Upon designation, the local government will be required to adhere to the District Plan in order to qualify for grants and other incentives. Attach the District Plan, and summarize the content, goals, and objectives in the space provided. The District Plan Checklist is provided as a separate document. The proposed District Plan must be prepared in accordance with the Checklist. Attach the District Plan. District Plan Attached. Summarize the content, goals and objectives of the District Plan. (please limit your response to 750 words or less). Released: August 1, 2014 14

Downtown Development Districts Application for Designation as a District Summary of District Plan – continued 30% Please summarize how the local government envisions itself in a leadership role to guide the successful implementation of the District Plan (please limit your response to 750 words or less). List key implementation strategies for the District Plan. Please also list any known projects or proposals that can be underway within six to twelve months of District designation. Key Priority Projects4 should be identified, if applicable. See the Checklist for more details (please limit your response to 750 words or less). 4 Key Priority Projects are specific projects identified in the District Plan that are considered to be potential catalysts for other redevelopment activity and / or contribute to superior urban design or other benefits to the District. Released: August 1, 2014 15

Downtown Development Districts Application for Designation as a District Summary of District Plan – continued 30% List any other governmental, quasi-governmental or non-governmental organizations that will be involved in the creation and / or implementation of the District Plan. A Main Street organization would be an example of such an organization. For each organization, describe how the local government will coordinate their activities to encourage revitalization and economic development in the District. Attach written documentation (in the form of letters of agreement, memorandums of understanding, board resolutions etc) from each of the above listed organizations indicating support for this application to be designated as a Downtown Development District and identifying a willingness to coordinate with the municipal government to implement the District Plan. Written documentation attached from all other organizations Released: August 1, 2014 16

Downtown Development Districts Application for Designation as a District Summary of District Plan – continued 30% Describe any actions your local government has taken to ensure energy efficient and environmentally sensitive development, and to prepare for flooding and sea level rise, if applicable. How will these efforts be implemented in the proposed District? (please limit your response to 750 words or less). Describe how the District Plan is consistent with your certified Comprehensive Plan and the Strategies for State Policies and Spending (please limit your response to 750 words or less). http://stateplanning.delaware.gov/strategies/ Released: August 1, 2014 17

Downtown Development Districts Application for Designation as a District Summary of Local Incentives 20% Instructions: The municipality or county must complete this form to summarize the local incentive package to be made available within the District upon designation. The local ordinances (or other regulations or documentation) enabling and governing these incentives must be attached to this form, along with any relevant supporting documentation. In the case of incentives proposed upon designation, the draft ordinances must be attached. Attach the Local Incentives. The following table includes suggested local incentives. Please attach any that are relevant, and others that have not been listed. Suggested Local Incentives Fee or Tax Reductions Regulatory Flexibility Permit or Licensing Reform Special Zoning Districts Exemptions from Local Ordinances Streamlined Permitting Other Written documentation attached for all Local Incentives List the Local Incentives that are already in place. Please detail the geographic extent of each incentive (i.e. is the incentive available throughout the entire jurisdiction, or only in certain geographic areas?) Local Incentive In effect since (approx.) Geographic area covered Released: August 1, 2014 18

Downtown Development Districts Application for Designation as a District Summary of Local Incentives - continued 20% List any of the existing Local Incentives that will be modified to have specific benefits to properties in the proposed District. Local Incentive How modified? Geographic area covered DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only List the Local Incentives that are new and will be available only in the proposed District. Local Incentive Date enacted (or Geographic area covered proposed date of adoption) DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only DDD Only Released: August 1, 2014 19

Downtown Development Districts Application for Designation as a District Summary of Local Incentives - continued 20% Please describe how each local incentive will be funded. If the incentive involves a reduction or waiver of taxes or fees, or in-kind services (for example, expedited permitting utilizing existing staff resources) please note that here. Local Incentive Funding Source For each Local Incentive to be provided, please describe the specifics of how the incentive works (details are needed), and how the incentive encourages economic development and revitalization in your community. Released: August 1, 2014 20

Downtown Development Districts Application for Designation as a District Summary of Local Incentives - continued 20% Summarize the package of Local Incentives, and describe how these incentives will work in concert with the Downtown Development District benefits to encourage revitalization and economic development in your proposed District (please limit your response to 750 words or less). Released: August 1, 2014 21

Downtown Development Districts Application for Designation as a District Legislative Body Resolution Instructions: Attach a resolution that has been adopted by the legislative body of your municipality or county. The resolution must affirmatively indicate that the legislative body supports the application for designation as a Downtown Development District and is willing to adhere to the District Plan and the Local Incentives for the duration of the District designation. Date of Resolution Resolution Number Resolution Attached. Released: August 1, 2014 22

Downtown Development District Application Census Data Spreadsheet Template Name of Town / City / County: City Tract(s) Block(s) Total Population Median Household Income Poverty Rate, All People % Housing Built 1949 or earlier % Homeownership % Rental % Vacant Housing Units Median Home Value % Low / Mod Income Census Tract Wo Total Population Median Income Poverty Rate Age of Structure % Homeownersh % Rental Vacancy Median Home V % Low / Mod Inc Census Block Wo Total Population Housing Units Ow Housing Units Re Housing Units Oc Housing Units Va

Census Tract (s) that include proposed District: Census Blocks that most closely correspond to proposed District: Census Tract Worksheet Tract # Tract # Tract # Totals Total Population Median Income Poverty Rate Age of Structures % Homeownership % Rental Vacancy Median Home Value % Low / Mod Income Census Block Worksheet Block # Block # Block # Totals Total Population Housing Units Owned Housing Units Rented Housing Units Occupied Housing Units Vacant

MEMORANDUM Department of Planning & Community Development P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7196 Fax (302) 736-4217 DATE: August 13, 2014 TO: Historic District Commission FROM: Planning Staff SUBJECT: HI-11-01 Building at 326 West Loockerman Street: Building Demolition Revision to Site Stabilization Activities The applicant has proposed a Revision to the site stabilization activities to delete the installation of a fence at 326 West Loockerman Street in Dover, DE. This property was the subject of Application HI-11-01 to the City of Dover Historic District Commission. The Historic District Commission in February 2011 granted approval of an Architectural Review Certificate for the Demolition of the Existing Building. See excerpt below from the Notice of Decision Letter dated March 1, 2011. At its meeting of February 17, 2011, the City of Dover Historic District Commission took action to grant approval of an Architectural Review Certificate for the Demolition of the building at 326 West Loockerman Street in Dover. The Architectural Review Certification approval is granted for the demolition of the existing masonry building on the property. The Historic District Commission voted 4-0 of the members present to grant approval of the Architectural Review Certificate subject to a series of conditions as noted below. 1. The Commission referenced the series of Staff recommendations found in the Architectural Review Staff Report for application HI-11-01 in reference to the details of the demolition activity. During the meeting discussion of the application, the Commission accepted the applicant’s description that the demolition would consists of the following: demolition /removal of the building down to the foundation/slab; other existing paving (concrete and asphalt) would remain on site with the eastern portion of the site continuing to be available for parking; and some areas of building footprint would be filled with soil and grass seeded due uneven remaining building foundations. 2. Site stabilization to be completed including: a. Installation of a low fence-like barrier on the perimeter of the property around the building footprint. In discussions, the Historic District Commission suggested a system of post with chain/roping for this fence. The method of installation of the posts is subject to approval from DNREC in relation to the environmental concerns on the property. b. Any depressed areas of the building foundation (due uneven heights between slab areas) are to be brought up to grade/ground level. 3. The Historic District Commission is not requiring any additional recordation or documentation of the building prior to demolition.

Memo on HI-11-01 326 West Loockerman Street Page 2 of 2 The Application HI-11-01 received a one year extension of approval on January 19, 2012 and as a result of the extension the approval was set to expire February 28, 2013. After completion of the environmental notifications, the building was demolished in late Winter – Spring 2012 under Demolition Permit #11-1511 (Permit issued 12/20/2011). The building footprint area was stabilized with a soil cap and grass planting as proposed due to the site’s environmental concerns. The final component was the installation of a fence (subject to a Fence Permit application). Due to the environmental concerns at this Brownfield site, specific procedures were required to be met with the installation of the post & chain fence. From 2012-2014, the applicant worked to design the fence specifications and to secure an appropriately certified contractor to complete the fence installation on this Brownfield site. See the following excerpt from a July 29, 2014 email regarding the fencing requirement. Dawn: Thank you for speaking with me earlier about 326 W. Loockerman Street. The Dover Historic District Commission approved the Architectural Review Certificate for the demolition of the building on this property at their meeting on February 17, 2011. According to the minutes, a provision of that approval was that “there be some sort of low fence like barrier along the perimeter of the property, around the building, and other areas determined by the owner and subject to the approval of DNREC.” The owner has been trying to secure a contractor to perform the fence installation for over a year at this point. The problem is that the contractor must have certain 40- hour OSHA training required by DNREC in order to handle the contaminated soils. At this point, neither of the contractors that the owner received bids from have the required certification (in both cases, they had the proper certification at one time, but the certification has lapsed and they are not interested in becoming recertified). We have reached out to other contractors and they have either expressed no interest in submitting a proposal to do the work, or are no longer are certified to do the work. At this point, the owner has spent many thousands of dollars preparing the fencing plans and the Request for Proposals to do the work, on engineering and environmental consultant fees, and legal fees to bid and install the fence to no avail. With this in mind, we would like to know what the process would be for the owner to request a set aside of the fencing provision. Please let me know. Stephanie L. Hansen Counsel Young Conaway Stargatt & Taylor, LLP

1 Delaware’s Certified Local Government (CLG) Program Guidelines Division of Historical and Cultural Affairs 21 The Green Dover, DE 19901 T: (302) 736‐7400 http://history.delaware.gov/

TABLE OF CONTENTS I. INTRODUCTION .......................................................................................................................... 3 II. BENEFITS OF CLG CERTIFICATION........................................................................................ 3 III. CLG PROGRAM REQUIREMENTS ............................................................................................ 4 IV. APPLYING FOR CLG CERTIFICATION .................................................................................... 6 V. DECERTIFICATION PROCESS................................................................................................... 7 VI. AMENDING THE CLG CERTIFICATION AGREEMENT ........................................................ 8 APPENDIX A ............................................................................................................................................. 9 APPENDIX B ...........................................................................................................................................11 ACKNOWLEDGMENT OF SUPPORT This publication has been financed in part with federal funds from the National Park Service, Department of the Interior. However, the contents and opinions do not necessarily reflect the views and policies of the Department of the Interior. NONDISCRIMINATION STATEMENT This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C Street, N.W., Washington, DC 20240. 2

I. INTRODUCTION The Certified Local Government (CLG) Program is a local, state, and federal partnership focused on promoting historic preservation at the grass roots level. Authorized as part of the 1980 amendments to the National Historic Preservation Act of 1966 (NHPA), the CLG Program provides local governments with a formally recognized role in the nation’s preservation program. The CLG Program is jointly administered by the Department of the Interior, through the National Park Service (NPS), and State Historic Preservation Offices (SHPOs) in each state. In Delaware, the SHPO is the Director of the Division of Historical and Cultural Affairs. The NPS is responsible for establishing the CLG Program’s broad regulations and standards, which are further defined by each SHPO to meet the needs and abilities of their local governments. In Delaware, local governments may include any of the counties or any municipality incorporated under the authority of the General Assembly. To participate in the CLG Program, which is an entirely voluntary commitment, the local government’s chief elected official (CEO) must first submit a signed application demonstrating that it meets the basic program criteria. It is important to consider that CLG certification encompasses the entirety of the local government, rather than simply the body designated to carry out preservation activities. Therefore, the local government’s CEO has a significant role in the CLG Program and possesses an independent voice in dealings with the SHPO. If approved, the CLG certification agreement functions as annually self-renewing unless, however, the local government voluntarily withdraws or fails to perform its necessary functions. This document outlines the benefits, requirements and management procedures of Delaware’s CLG Program. II. BENEFITS OF CLG CERTIFICATION  CLG Grants: CLGs are eligible to apply to the SHPO for grant funding to pursue a wide variety of preservation-related projects and activities, including (but not limited to): historic property surveys, nominations (or amendments) to the National Register of Historic Places, preservation planning assistance, public outreach, and training for members of the historic preservation review commission or CLG staff. Funding for CLG Grants is derived from the Historic Preservation Fund (HPF), which is awarded annually to the State. In turn, the State is required to allocate 10% of its HPF award to CLGs in the form of sub-grants. The CLG grants function on a 60/40 matching basis: the grant may constitute up to 60% of the project cost, while the applicant provides the remaining 40% through cash and/or donated services and materials.  Technical Assistance: The SHPO is committed to working closely with CLGs to support historic preservation efforts and address issues of concern. The SHPO or SHPO staff are available to provide ongoing technical assistance and may, upon request, attend a CLG meeting to conduct a presentation or workshop. 3

III. CLG PROGRAM REQUIREMENTS A. The local government must adopt and enforce a zoning ordinance for the designation and protection of historic properties located within its jurisdictional boundary. The following provisions must be included in either the zoning ordinance or implementing regulations: 1. A statement of purpose and definitions; 2. The establishment of an adequate and qualified historic preservation review commission (Commission); 3. An assignment of powers to the Commission to carry out the provisions of the zoning ordinance; 4. Procedures and locally-established criteria for the designation of local landmarks and/or local historic districts. [These local landmarks and local historic districts must not include properties listed on or eligible for listing in the National Register of Historic Places (National Register) unless already designated through the local designation process.]; 5. Procedures and standards for the review of demolitions, alterations, and other actions that may impact local landmarks and local historic districts. [The Commission’s recommendations pertaining to the protection of these properties must be consistent with the Secretary of the Interior’s Standards for Rehabilitation.]; 6. Procedures for enforcing the zoning ordinance and penalties for non-compliance with actions and determinations; 7. An appeal process for decisions rendered under the zoning ordinance; and 8. Procedures for public hearings and notification consistent with this document and the Delaware Freedom of Information Act (29 Del. C. §100). B. The local government must establish an adequate and qualified historic preservation review commission (Commission), which may consist of a board, council, or other similar collegial body. 1. The Commission must adopt and consistently adhere to by-laws or rules of procedures that are publicly-available and include a section prohibiting conflicts of interest. 2. Commission meetings must be scheduled at regular intervals and occur at least four (4) times per year; 3. Unless otherwise stipulated by the zoning ordinance, members of the Commission must be appointed by the local government’s chief elected official (CEO). 4. To the extent available in the community, appointees to the Commission must possess professional expertise in the disciplines of architecture, history, architectural history, planning, archaeology, or other historic preservation-related fields. At a minimum, all members of the Commission must possess a demonstrated interest, competence, or knowledge in historic preservation. 4

5. The Commission must have no fewer than five (5) members. 6. Vacancies in the Commission must be filled within ninety (90) calendar days of an expired term or receipt of a letter of resignation. 7. At least once annually, all members of the Commission must make a reasonable effort to participate in historic preservation training, which may consist of conferences, presentations, or workshops conducted by the SHPO or other preservation professionals, or web-based opportunities. The Commission chair should consult with the SHPO regarding the appropriateness and availability of training opportunities. The SHPO is responsible for providing the Commission with orientation materials and consulting with the Commission chair, or other designee, to determine training needs and requests. C. The local government must maintain a system for the survey and inventory of historic properties located within its jurisdiction. 1. The local government must maintain a publicly-available list and map of locally- designated landmarks and historic districts. 2. If a historic property survey is undertaken by the local government, it must be conducted in accordance with the most recent survey guidelines established by the SHPO. Upon completion of the survey, all forms and reports must be submitted to the SHPO. The SHPO will ensure that survey materials are publicly-accessible except as withheld in accordance with Section 304 of the NHPA, which allows for the restriction of sensitive information regarding the location, character, or ownership of a historic resource that may cause a significant invasion of privacy, risk or harm to the historic resource or impede the use of a traditional religious site by practitioners. D. The local government must provide for adequate public participation in the historic preservation program, including the process of recommending properties to the National Register. 1. All Commission meetings must be announced by public notice with an agenda, open to the public, and conducted in accordance with the Delaware Freedom of Information Act (29 Del. C. §100). 2. Adequate minutes of the Commission’s decisions and actions, including applicable standards and criteria for reaching such determinations, must be maintained and be publicly-available. 3. All of the Commission’s decisions and actions must be made in a public forum and affected applicants must be provided written notification of such determinations. 4. All policies, procedures, and guidelines used by the Commission must be readily accessible to the public. 5. To ensure that decisions regarding the National Register take into account local concerns, the local government must actively participate in the review of National Register nominations. i) For proposed National Register nominations located within the local government’s jurisdiction, the SHPO must provide a copy of the nomination 5

to the CEO and Commission chair at least sixty (60) calendar days prior to deliberation by the Delaware State Review Board for Historic Preservation. ii) When considering a National Register nomination, the Commission are encouraged to seek the expertise of persons meeting the Secretary of the Interior’s Professional Qualifications Standards (see Appendix A) in the discipline pertinent to the nomination. iii) Following a reasonable opportunity for public comment, the local government must submit to the SHPO a National Register nomination report with: (a) The recommendations of the Commission and CEO; and (b) Statements from the Commission and CEO evaluating the property in accordance with the National Register Criteria for Evaluation. iv) If either or both the Commission and CEO recommend that the property is eligible for nomination, the SHPO will place the nomination before the Delaware State Review Board for Historic Preservation in accordance with the procedures outlined in 36 CFR 60, and 36 CFR 61. v) If both the Commission and CEO recommend that the property is not eligible for nomination, the SHPO may not nominate the property unless an appeal is filed in accordance with Section 101(c)(2) of the NHPA, and 36 CFR 60. If such an appeal is filed, the SHPO may then place the nomination before the Delaware State Review Board for Historic Preservation in accordance with the procedures outlined in 36 CFR 60, and 36 CFR 61. E. The local government must submit to the SHPO on January 31 of each year, an annual historic preservation report which describes the Commissions activities and determinations for the period of the previous October 1 through September 30 (i.e. the federal fiscal year). The preferred method of submittal for this report is digitally on a CD, but a paper submittal is allowed. Appendix B contains an outline of the contents of this report. IV. APPLYING FOR CLG CERTIFICATION A. To apply for CLG certification, the local government’s CEO must submit to the SHPO an application with the following materials: 1. A request to participate in the CLG Program signed by the CEO; and 2. A copy of Delaware’s Certified Local Government Program Application with required attachments. B. The SHPO will review the application and may request additional information from the local government. Once sufficient information has been provided, the SHPO will notify the CEO of its decision within sixty (60) calendar days. C. If the certification request is denied, the SHPO will specify the cause(s). If the certification request is approved, the SHPO will prepare a certification agreement, which outlines the 6

responsibilities of the local government, and transmit it the CEO for signature. Upon receipt, the SHPO will then forward the application and signed certification agreement to the NPS for review. D. The NPS will provide a determination or request for additional information within fifteen (15) working days. If the NPS concurs with the certification request, the date of the NPS’ concurrence will be the effective date of certification. E. The certification agreement will function as annually self-renewing and may be terminated or amended as outlined below. V. DECERTIFICATION PROCESS A. A local government may be decertified from the CLG program either voluntarily or due to non-compliance. In either instance, open CLG Grants must be resolved. 1. Voluntary Decertification i) The local government’s CEO may, at any time, request decertification by notifying the SHPO in writing and indicating the reason(s) for seeking decertification. The SHPO will then notify the NPS, and the decertification process will be considered complete. 2. Decertification for Non-Compliance i) If, at any time, the SHPO determines that the local government is failing to meet the requirements of the CLG program, the CEO and Commission chair will be notified and provided with recommended corrective measures. ii) Upon receipt of the notification, the CLG will be allotted 120 calendar days to address any deficiencies. By the end of this 120 day period, the CEO must submit a letter to the SHPO documenting how such deficiencies were addressed or, if not successful, a summary of ongoing progress along with time extension request. Within thirty (30) calendar days, the SHPO will respond to the CEO and Commission chair and will either note that the CLG has made the necessary changes, grant the requested extension, or recommend decertification. iii) If the SHPO recommends decertification, the CLG has thirty (30) calendar days to appeal the decision. This appeal should provide clear justification as to why the decision should be overturned. After this time frame, the SHPO will transmit all pertinent documentation, including any appeal filed, to the NPS for review. If the Secretary of the Interior concurs with the SHPOs recommendation for decertification, the local government will be considered decertified at the time of the NPS letter. 3. Financial Closeout Procedures i) If at the time of decertification the local government is a grant recipient, the SHPO will conduct financial assistance closeout procedures. 7

VI. AMENDING THE CLG CERTIFICATION AGREEMENT A. For minor changes, technical corrections, and changes required by NPS policy directives, a written notification from the SHPO to all local governments will be considered sufficient. B. Any substantive change(s) will require an amendment to the Certification Agreement. 1. The SHPO must notify the affected CLGs and other potentially interested parties of the proposed amendment and allow sixty (60) calendar days for comment. 2. At the end of this period, the SHPO will submit a record of any comments received and the proposed amendment to the NPS for review. Upon receipt, the NPS will have forty-five (45) working days to respond to the SHPO. 3. If the NPS approves of the amendment, the SHPO must send amended certification agreements to each of the affected CLGs for signature and, once returned, forward them to the NPS within 120 calendar days. 8

APPENDIX A Secretary of the Interior’s Professional Qualifications Standards Throughout this Appendix, a year of full-time professional experience need not consist of a continuous year of full-time work, but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. I. History: The minimum professional qualifications in history are a graduate degree in history, or closely related field; or a bachelor’s degree in history, or a closely related field, plus one of the following: 1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. II. Archeology: The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field, plus: 1. At least one year of full-time professional experience or equivalent specialized training in archeological research, administration, or management; 2. At least four months of supervised field and analytic experience in general North American archeology, and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period; and a professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. III. Architectural History: The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with course work in American architectural history; or a bachelor’s degree in architectural history, art history, historic preservation, or closely related field, plus one of the following: 1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. IV. Architecture: The minimum professional qualifications in architecture are a professional degree in architecture, plus at least two years of full-time professional experience in architecture; or a State license to practice architecture. 9

V. Historic Architecture: The minimum professional qualifications in historic architecture are a professional degree in architecture; or State license to practice architecture, plus one of the following: 1. At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or 2. At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specification for preservation projects. 10

APPENDIX B Annual Historic Preservation Report The local government must submit to the SHPO on January 31 of each year, an annual historic preservation report which describes the Commissions activities and determinations for the period of the previous October 1 through September 30 (i.e. the federal fiscal year). The preferred method of submittal for this report is digitally on a CD, but a paper submittal is allowed. Below is an outline of the materials to be contained in this report. Historic Zoning Ordinance: 1. Copies of any new historic preservation zoning ordinances, amendments, regulations, by-laws, or guidelines implemented during the review period. 2. A total number of cases reviewed under the authority of the zoning ordinance during the review period. Local Historic Preservation Commission: 1. A list of all currently serving members of the Commission, any changes in membership during the review period, and resumes for any members of the Commission appointed during the review period demonstrating their interest, knowledge, or competence in historic preservation. [Please note whether any of the Commissioners meet the Secretary of the Interior’s Professional Qualifications Standards as outlined in Appendix A]. 2. Any vacancies on the Commission along with the duration of such vacancies. 3. Members of the Commission who participated in historic preservation training and a description of such training. 4. Any requests for technical assistance from the SHPO. Public Participation: 1. Total number of Commission meetings held during this period. 2. Copy of the minutes and agenda for all Commission meetings. 3. Documentation of any changes to the public notification procedures. 4. List of National Register nominations reviewed by the Commission. Local Survey and Inventory: 1. Names of new local landmark and local historic district designations and a map illustrating their locations. 2. Update on the status of historic property surveys in progress. [If completed but not submitted, a copy of the survey materials should be transmitted to the SHPO]. 11