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Second Appeal Letter
PA ID# 031-UWQ4M-00; Northgate Homes Corporation
PW ID# NA; Private Nonprofit (PNP) Eligibility
March 28, 2011
Mr. Richard Muth
Governor’s Authorized Representative
Maryland Emergency Management Agency
5401 Rue Saint Lo Drive
Reisterstown, MD 21136
Re: Second Appeal-Northgate Homes Corporation, PA ID 031-UWQ4M-00, Private Nonprofit Eligibility, FEMA-1910-DR-MD
Dear Mr. Muth:
This letter is in response to a letter from your office dated December 28, 2010, which transmitted the referenced second appeal on behalf of the Northgate Homes Corporation (Corporation). The Corporation is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of its Request for Public Assistance (RPA).
Following the snow and severe winter storm disaster declaration FEMA-1910-DR-MD, the Corporation submitted a RPA to apply for reimbursement of snow removal costs. FEMA determined the Corporation was not an eligible applicant because FEMA Disaster Assistance Policy, DAP9521.3, Private Nonprofit (PNP) Facility Eligibility states that facilities maintained by property owners’ associations such as roads and recreational facilities are not eligible for assistance.
In its first appeal dated August 24, 2010, the Corporation asserted that during the declared event, its roads served as emergency facilities because they provided the only access for 1,149 properties in the community, and the roads allowed ingress and egress for emergency vehicles, public utilities, heating oil delivery companies and residents in need of emergency necessities. In addition, the Corporation stated that it provided services equivalent to governmental services evidenced by its participation in the Montgomery County Roadway Reimbursement Program. On September 20, 2010, FEMA denied the first appeal stating that the roads are not emergency facilities as defined at 44 CFR §206.221(e)(4), Definitions, Private nonprofit facility, Emergency facility.
In the Corporation’s second appeal dated December 1, 2010, it states that the roads, sidewalks, green spaces, playgrounds and forests within the property of the homeowners’ association provide access to the residents in the community and the general public. The Corporation reiterates that it is the only agency that provided services during the disaster. FEMA’s regulations at 44 CFR §206.222(b) require that a PNP organization own or operate a facility as defined in 44 CFR §206.221(e) to be eligible for FEMA assistance. The Corporation’s roads do not meet the definition of an eligible PNP facility in 44 CFR §206.221(e). Furthermore, section 7.B (5)(h) of FEMA’s Disaster Assistance Policy, DAP9521.3, Private Nonprofit Facility Eligibility, dated July 18, 2007, specifically designates roads maintained by property owners’ associations as ineligible PNP facilities. Therefore, the Corporation is not eligible to receive Public Assistance funding.
I have reviewed all of the information submitted with the appeal and determined that the first appeal decision was consistent with program statute and regulations. Accordingly, I am denying this appeal.
Please inform the Corporation of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
cc: Mary Ann Tierney
FEMA Region III