A. 
A public works agreement (PWA) is required for any development project where it is necessary for the developer/owner to construct roads, utilities or other facilities which will be conveyed to the City for ownership, operation and maintenance. The PWA must specify the necessary improvements and construction methods by reference to an engineering plan approved by the Director of Public Works and, if applicable, Director of Planning.
(1) 
The necessary roads, utilities and/or facilities must be located and built to specifications as required by the Directors of Public Works and/or Planning and approved by the Planning Commission.
(2) 
The necessary roads, utilities and/or facilities are first identified during the concept plan review meeting, if applicable, and further detailed as part of the site plan review process.
(3) 
After the final site plan is approved, the PWA is drafted by the Director of Public Works in consultation with the City Attorney and reviewed by the developer/owner.
(4) 
Prior to executing the PWA, the developer/owner must have:
(a) 
Final construction drawings approved by the City;
(b) 
A grading permit approved by the City;
(c) 
A stormwater management permit and maintenance agreement for private stormwater management systems (if applicable) approved by the City (the stormwater maintenance agreement must be entered in the Harford County land records);
(d) 
Sewer and/or water construction approved by the City and State of Maryland, if applicable;
(e) 
A cost estimate for the total scope of construction for public improvements approved by the City;
(f) 
All necessary easements, cross easements and other agreements with the City and/or third parties, signed and entered in the Harford County land records, as necessary;
(g) 
A properly executed payment and performance bond for the total cost of the construction; and
(h) 
The developer/owner must have satisfied any other requirements as previously determined by the Director of Public Works.
(5) 
The developer/owner must execute the PWA.
(6) 
No construction shall commence until after the Director of Public Works issues a written notice to proceed.
A. 
Substantial construction of the improvements covered by any site plan approval must be commenced within 12 months of the date upon which the approval was granted.
B. 
If construction has not been substantially commenced and substantially completed within the specified period, the approval will be deemed null and void in writing by the Director of Planning.
C. 
The applicant may request an extension of the approval deadline prior to the expiration of the period. Such request must be in writing to the Director of Planning and forwarded to the Planning Commission. The Commission may grant up to two one-year extensions of the site plan. When a site plan is administratively approved, the Director of Planning may also grant extensions.
D. 
The Directors of Planning and/or Public Works may require that any studies, such as a traffic impact analysis (TIA), be updated or revised prior to, or as a condition of, any extension.
A. 
The Department of Public Works may require the posting of an improvement guarantee in such amount and form as is reasonably necessary to ensure the proper installation of all off-site utility or road improvements required as conditions of approval.
B. 
Upon substantial completion of all required improvements, the developer must notify the Department of Public Works of the completion of improvements. City staff will inspect all improvements and file a report indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection.
C. 
If the improvements are approved by the City, the guarantee will be released. Where partial approval is granted, the developer will be released from liability only for that portion of the improvements approved.
Performance guarantees may be provided by a variety of means, including, but not limited to, the following which must be approved as to form and enforceability by the City Attorney and Director of Finance:
A. 
Security bond. The applicant may obtain a security bond from a surety bonding company authorized to do business in the state.
B. 
Letter of credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution.
C. 
Escrow account. The applicant may deposit cash, or other instruments readily convertible into cash at face value with the City.
[Amended 4-1-2024 by Ord. No. 1142]
Where an application proposes the construction of a building with more than 20,000 square feet of gross floor area, or 50,000 square feet of impervious surface, the owner/developer must submit a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These as-built plans must be submitted electronically and on paper plan set prior to the issuance of a certificate of occupancy.
Minor changes to approved plans necessary to address field conditions or other circumstances encountered during the development of a project may be approved by the Director of Planning, provided that any such change does not affect compliance with the standards or alter the intent of the proposal. The owner/applicant must submit a redline plan to the Director of Planning for review and approval of the proposed changes.
Approvals of site plans are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals, and supporting documents, except minor changes that do not affect approval standards, is subject to review and approval.