Projects do not infringe on communities

Scope

The Owner shall ensure that the physical presence of a project in any location respects community land rights, protects culturally significant areas, does not use natural resources in a manner that restricts or limits community use of resources, and does not cause or contribute to a negative change to the socio-economic condition of community members.

Requirements

Act to Avoid Harm

01.

Owner shall ensure construction or operations do not detrimentally affect the local community's cultural heritage, spiritual, or religious life.
02.

The project shall not limit or restrict access to public space, basic services, or natural resources.

Benefit Impacted Parties

03.

Project shall avoid, minimize, and mitigate the effects of noise, pollution, traffic congestion, and other disruptions in residential areas near the project’s location.
04.

If the project contains housing, Owner shall mandate that a minimum of 15% of new units be affordable for low-income residents, with clear eligibility criteria, or replace the same percentage of affordable units that existed on the property before re-development, whichever is higher.
05.

If the project is in a low socio-economic, marginalized, or underserved area, Owner shall research local, regional, state, and national programs for repair and upgrade programs and implement a communication and/or assistance program to ensure all community residents can participate.

Contribute to Solutions

06.

If the project is in a low socio-economic, marginalized, or underserved area, Owner shall advocate to establish public policies for property tax freeze or other tax relief to prevent displacement due to rising property taxes for established residents impacted by the project.
07.

If the project is in a low socio-economic, marginalized, or underserved area, Owner shall remediate loss of basic services (e.g., if project removes a discount supermarket serving the neighborhood through redevelopment, Owner can negotiate with future grocery tenant to provide “rewards card” to disadvantaged residents allowing for lower pricing.)

Indicators

The performance indicator is the percentage of adherence to community protection requirements according to the requirements. The first context indicator is the total number of households within the social area of influence (as determined in IAa1.5). The second context indicator is the number of households within the community on the project for which the progress score is 100% (used to track impact).

The percentage of adherence to community protection requirements is scored according to the following:

0%: Any household not satisfying requirements #1 and #2.
20%: Requirements #1 and #2 are satisfied.
40%: Addition of requirements #3, #4, and #5 are satisfied.
60%: Addition of requirement #6 is satisfied.
80%: All additional requirements are satisfied.
100%: All additional requirements are satisfied, and the Owner is successful in securing property tax freeze or other tax relief programs for established residents impacted by the project.

To calculate the performance indicator:

Determine the total number of households within the project area of impact.
Calculate progress as the weighted average across all households.

This is expressed mathematically as:

P = (0(H0%) + 0.2(H20%) + 0.4(H40%) + 0.6(H60%) + 0.8(H80%) + 1(H100%) / N) x 100

P =: percentage of adherence to community protection
Hx% =: number of households for which the progress score is x%
N =: total number of households

Scoring

Points assignment

Points	Percentage of Adherence to Community Protection
2 points	20% of adherence to community protection
3 points	40% of adherence to community protection
4 points	60% of adherence to community protection
5 points	80% of adherence to community protection
6 points	100% of adherence to community protection

Documentation

01.

List of financial, human, and material resources utilized for this activity.
02.

Historical land use records or studies to verify no historical precedent of contested land rights.
03.

Documentation of consultations with local communities or Indigenous peoples, including minutes of meetings, attendance lists, and any agreements made.
04.

Evidence of free, prior, and informed consent from communities, especially if the project is on or adjoining their land.
05.

Reports or assessments confirming that the project does not detrimentally affect the cultural, spiritual, or religious life of the local community.
06.

Documentation or studies confirming that the project does not limit or restrict access to public spaces, basic services, or natural resources.
07.

Reports detailing how the project avoids, minimizes, and mitigates disruptive or harmful activities in nearby residential areas, and any complaints from nearby residential areas received and how they were resolved.
08.

Documentation detailing the provision of affordable housing within the project (if applicable), especially if it's in a low socio-economic, marginalized, or underserved area.
09.

Community Assistance Program reports or plans (if applicable) detailing the research conducted on local, regional, state, and national programs for repair and upgrade and communication plans or outreach materials ensuring community residents are informed and can participate in these programs.
10.

Documentation or correspondence showing the owner's advocacy for property tax freezes or reductions and home repair programs for impacted residents (if applicable).
11.

Plans or agreements detailing remediation efforts for loss of basic services (e.g., agreements with future grocery tenants to provide rewards cards or other benefits to disadvantaged residents).
12.

Periodic reports detailing the ongoing monitoring of the project's impact on the community and any corrective actions taken.

Guidance

Additional Resources

USA.gov website: Repairing and Improving a Home – financial assistance programs for home repairs of modifications. Available online at https://www.usa.gov/repairing-home

Referenced Source

Universal Declaration of Human Rights (1948)
ILO Indigenous and Tribal Peoples Conventions (C169), 1989
International Covenant on Economic, Social, and Cultural Rights (1966)
UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage (1972)
UN Declaration on the Rights of Indigenous Peoples (2007)