Before the Planning Commission shall approve
any final plat of any subdivision and as a requisite for the approval
thereof:
A.
Completion of improvements. All required public and/or
private improvements shall be completed by the developer, with plan
review, inspections and approval by the County Engineer or Planning
Director in accordance with county regulations and/or construction
plans and drawings previously approved by the County Engineer or Planning
Director; or
B.
Subdivision improvement agreement. The applicant shall
enter into a written subdivision improvement agreement with the county
in a manner and form approved by the County Attorney wherein the applicant
shall agree:
(1)
To construct or cause to be constructed at his own
expense all required improvements shown on the final plat and approved
improvement construction plans and drawings. All improvements are
to be constructed in strict accordance with design and construction
standards approved by the county.
(2)
To maintain at his own cost said required public improvements,
until and if such time that the public improvements are accepted by
the county. Recording of the approved final plat by the applicant
shall not be deemed to constitute or effect an acceptance by the county
of the dedication of any road or other improvement shown on said plat.
(3)
To obtain the easements required when any road drainage
facility or other improvement traverses land of persons other than
the person holding legal title to the lands of the subdivision, at
his own cost.
(4)
To provide the County Commissioners of Dorchester
County with a document to be approved by the County Attorney which
effectively releases said county from any and all claims and responsibility
resulting from or incidental to the construction of the subdivision
and all required improvements.
C.
Agreement to run with the land. The subdivision improvement
agreement shall provide that the covenants contained in the agreement
shall run with the land and bind all successors, heirs and assignees
of the subdivider.
In order to assure the county that the required
improvements will be constructed and installed in accordance with
the final plat and subdivision improvement agreement, the applicant
shall furnish to the county escrow money, cash, letter of credit,
bond or other such surety as shall be acceptable to the county in
an amount sufficient to cover the cost of constructing said improvements.
The amount of the guaranty shall be determined by the County Engineer
or Planning Director and shall be at least 120% of the estimated construction
costs. If a portion of all the required improvements have been constructed
by the applicant and approval obtained prior to approval of the final
plat, the guaranty shall cover only the cost of constructing the remaining
required improvements.
The applicant may, with the approval of the
Planning Commission, phase the proposed improvement(s). When said
improvements are intended to constructed in phases, the applicant
shall furnish the County Commissioners with a schedule by which the
improvements are to be accomplished. An adequate surety must be posted
to coincide with the full term of the phasing schedule.
A.
Satisfactory completion of improvements. Prior to approval and/or acceptance of any roads of improvements by the county, said improvements must be inspected in accordance with § 140-41, and the County Engineer or Planning Director must be satisfied that the improvements have been satisfactorily completed.
B.
Release of surety. The surety and agreement shall
not be released until the required inspections are made and all requirements
are met.
(1)
For improvements intended to be given to the county,
the County Commissioners must accept these improvements before the
surety and/or agreement are released.
(2)
Where the agreement includes a phased construction
schedule, the County Engineer or Planning Director's recommendation,
County Commissioner's release and acceptance of the improvements by
the county, if applicable, may be phased in accordance with that schedule.
Upon receipt of the recommendation of the Planning Commission and
formal acceptance of the improvement, where applicable, the County
Commissioners may release the surety and/or agreement.
C.
Deed for property to be dedicated; acceptance of dedication
not required. Once a public improvement which is to be dedicated to
the county is given final approval by the County Engineer or Planning
Director, the applicant shall submit a deed for the property, in a
form approved by the County Attorney, to the County Commissioners.
The County Commissioners shall not be required to accept any road
or other improvement for county maintenance even though such improvement
may meet all county specifications and ordinances. The approval of
a final subdivision plat shall not be deemed to constitute or imply
acceptance by the county of any road or other improvement.
All required improvements shall be made by the
developer, at his/her expense, without reimbursement by the county
except that, as may be allowed under state law, the developer may
form or cause to be formed a special district or districts to construct
and finance the construction of required public improvements excluding
lot improvements on individual lots. If the subdivider does form or
cause to be formed a special district for the purposes identified
in this section, the county shall not release the subdivider from
his/her obligations under any subdivision improvement agreement nor
shall the county release any security, in whole or part, until the
special district has sold bonds or otherwise certifies to the satisfaction
of the county that it shall raise revenues sufficient to construct,
maintain and warrant the quality of the required public improvements.
In those cases where a subdivision improvement
agreement has been executed and security has been posted and required
private or public improvements have not been installed within the
terms of the agreement, the county may then:
A.
Declare the agreement to be in default and require
that all the improvements shall be installed regardless of the extent
of the subdivision development at the time the agreement is declared
to be in default.
B.
Suspend final subdivision plat approval until the
improvements are completed and record a document to that effect for
purpose of public notice.
C.
Obtain funds under the security and complete improvements
itself or through a third party.
D.
Assign its right to receive funds under the security
to any third party, including a subsequent owner of the subdivision
for which improvements were not constructed, in whole or part, in
exchange for that subsequent owner's promise to complete improvements
in the subdivision.
E.
Exercise any other rights available under the law.
A.
Improvements constructed prior to final plat approval.
For those required improvements that are constructed prior to the
Planning Commission's granting approval of the subdivision, the Commission
must be satisfied that the facilities are built in accordance with
the standards indicated. The Planning Commission shall require the
facilities to be inspected by its designee, including appropriate
agencies or entities that have jurisdiction over or knowledge in such
facilities. If the facility is such that there are no agencies or
entities available to perform the inspection, the Commission may employ
inspection services at the expense of the subdivider. The inspection
fee is to be paid prior to the inspection being performed. The Commission
must receive, in writing, a statement from the inspecting agency or
entity that the improvements have been built in conformance with the
required standards before the Planning Commission finally approves
the plat with its signature. For facilities intended to be dedicated
to the county, they must be inspected prior to acceptance of the ownership.
The Planning Commission may require reproducible, as-built drawings
to be deposited with it.
B.
Improvements to be constructed after plat approval.
(1)
Improvements subject to a subdivision improvement
agreement. For those required improvements that are to be constructed
after final plat approval and are subject to an agreement under this
article, the Planning Commission may designate entities or agencies
having jurisdiction over or knowledge in such facilities to perform
the inspections or may employ inspection services at the expense of
the subdivider should no agencies or entities be available. The inspection
fee is to be paid prior to the first inspection being performed. Inspections
shall follow the procedure listed below.
(a)
Preliminary inspection.
[1]
The applicant shall notify the Director of the
completion of the required improvements.
[2]
The inspector(s) designated by the Planning
Commission shall within 15 days:
[a]
Inspect the completed required
improvements only after an engineer registered in the State of Maryland
has certified that the work has been performed in accordance with
plans previously approved by respective regulatory authorities.
[b]
Submit, in writing, a report to
the applicant, Planning Commission and the Director indicating his
approval of the construction or specifying those items of construction,
material and workmanship which do not comply with the specifications
or the previously approved construction plans.
[3]
The applicant, upon notification of noncompliance
from the designated inspector(s), shall:
(b)
Final inspection.
[1]
Within 30 days of notification by the applicant,
the designated inspector(s) shall make a final inspection with the
applicant of all required improvements and notify the Planning Commission,
Director and applicant, in writing, of his approval or disapproval
of the required improvements. Upon receipt of the notice of final
approval from the designated inspector, the applicant, if he has specifically
been required by the Planning Commission to do so, shall then submit
two reproducible copies of the as-built drawings to the Commission.
[2]
After the receipt of the designated inspector's
approval and as-built plans, if required specifically, the Planning
Commission shall forward to the County Commissioners, in writing,
its approval of the improvements.
The developer shall be required to maintain
all required public improvements until acceptance of the improvements
by the County Commissioners. Following the acceptance of the dedication
of any public improvement by the county, the County Commissioners
may require the subdivider to maintain and warrant the material and
workmanship of the improvement for a minimum period of one year from
the date of acceptance. The county may also require that security
be posted by the developer for any public improvements accepted by
the county. The amount of security required to be posted may not exceed
10% of the final construction costs of the public improvement.
Whenever it is deemed necessary by the Planning
Director or County Engineer to defer the construction of any improvement
required under these regulations because of incompatible grades, future
planning, inadequate or nonexistent connecting facilities or for other
reasons, the subdivider shall pay his share of the costs of the future
improvements to the county prior to signing of the final subdivision
plat by the Planning Commission, or the developer may execute a separate
subdivision improvement agreement secured by a letter of credit guaranteeing
completion of the deferred improvements upon demand of the county.
