KRS 154.21-035: Evaluation criteria -- Availability -- Developable property -- Zoning --

Transportation -- Utilities.

(1) The Kentucky Association for Economic Development shall evaluate each

applicant's eligible project according to the criteria describe d in this section and

KRS 154.21-040 for the purposes of compiling a recommendation and score for the

eligible project and project site pursuant to KRS 154.21-040.

(2) The Kentucky Association for Economic Development and the third -party

independent site s election consultant shall consider the requirements in the

following five (5) categories in the evaluation of proposed projects:

(a) Property availability as described in subsection (3) of this section;

(b) Property development ability as described in subsection (4) of this section;

(c) Zoning availability as described in subsection (5) of this section;

(d) Transportation accessibility as described in subsection (6) of this section; and

(e) Utility adequacy as described in subsection (7) of this section.

(3) The property that the eligible project occupies or is proposed to occupy shall be

available. Property shall be deemed available for the purposes of this program:

(a) If the property is publicly owned; or

(b) If the project's eligible use includes propert y acquisition or a due diligence

study. In this situation the application shall include one (1) of the following:

1. A legally binding letter of intent or option for the sale to an eligible

grant recipient; or

2. An agreement for the sale to an eligible recipient.

(4) The property that the eligible project occupies or is proposed to occupy shall be

developable. Property shall be deemed developable if:

(a) The acreage intended for development is clearly defined by either:

1. The grant applicant; or

2. An engineering partner during or after a site visit, if the applicant is

unable to define the developable acreage; and

(b) The property is free of impediments to development, or a known impediment

can be mitigated by a grant applicant. A property is free of impediments if it:

1. Is located outside of the one hundred (100) year and five hundred (500)

year flood zone;

2. Is free of recognized environmental conditions;

3. Is free of wetlands;

4. Is free of state and federally threatened and endangered species;

5. Is free of areas of archaeological or historical significance; and

6. Possesses soils compatible with the grant applica nt's intended

development.

(5) The property that the eligible project occupies or is proposed to occupy shall be

appropriately zoned for the intended use or shall be able to be rezoned within ninety

(90) calendar days. The properties surrounding the grant applicant's project site

shall be zoned so they are compatible with the grant applicant's intended

development and use of the project site.

(6) The property that the eligible project occupies or is proposed to occupy shall be

directly served by a road or r oads that are compatible with the intended use of the

property. Additionally, if the property is marketed as rail -served, the property shall

be deemed rail-served if:

(a) The grant applicant provides documentation from the rail provider that

evinces that r ail infrastructure exists and the rail provider actually provides

rail service; or

(b) If the rail service does not exist at the time of the grant application, the grant

applicant provides documentation from the rail provider that evinces that the

project site will be able to be rail-served within twelve (12) months.

(7) The property that the eligible project occupies or is proposed to occupy shall have

access to adequate utilities and shall be served or able to be served by the

following:

(a) Electric infrastructure;

(b) Natural gas or propane;

(c) Water infrastructure and a public water system;

(d) Wastewater infrastructure and a public wastewater treatment plant, excluding

a septic wastewater treatment system; and

(e) Fiber telecommunications infrastructure.