Before the Planning Commission approves a final plat of any subdivision (except in the case of minor subdivisions wherein the Commission imposes no condition or conditions for the plat), and as a requisite for signature approval of a final plat:
A. 
The owner of the land and the applicant shall enter into a public works agreement with the Town in the manner and form set forth by the Town Attorney where the owner/applicant shall agree:
(1) 
To construct or cause to be constructed, at his own expense, and under a surety bond, all streets, curbs, sidewalks, fire hydrants, street signs, monuments, water and sewerage facilities, all stormwater management facilities or features other than stormwater management facilities or features that serve only an individual lot where such eventual individual lot owner will be required, according to documents recorded in the Land Records of Talbot County, to establish such stormwater management facilities or features, and other improvements shown on or accompanying said final plat when required to do so by the Planning Commission following the final plats, as finally approved, and in strict accordance with the standards and specifications of the Town;
(2) 
To maintain at the applicant's/owner's own cost all streets, curbs, sidewalks, fire hydrants, street signs, monuments, water and sewerage facilities, all stormwater management facilities or features other than stormwater management facilities or features that serve only an individual lot where such eventual individual lot owner will be required, according to documents recorded in the Land Records of Talbot County, to establish such stormwater management facilities or features, and other improvements shown on or accompanying said final plat, until the Town accepts the same, and upon acceptance thereof, to post a maintenance bond to the Town for one year;
(3) 
To obtain the easements and releases required when any streets, curbs, sidewalks, fire hydrants, street signs, monuments, water and sewerage facilities, all stormwater management facilities or features other than stormwater management facilities or features that serve only an individual lot where such eventual individual lot owner will be required, according to documents recorded in the Land Records of Talbot County, to establish such stormwater management facilities or features, and other improvements shown on or accompanying said final plat wherein a subdivision abuts or traverses the land of persons other than the person holding legal title to the lands of the subdivision, at his own cost, and to obtain from the owner of the lands so abutted or traversed full releases from all damages which may change in grade, construction, or otherwise, and such releases shall inure to the benefit not only of the owner of the subdivision but to the Town as well.
B. 
An agreement or covenants and conditions recorded in the Land Records of Talbot County shall be completed for improvements that are not subject to a public works agreement. These improvements shall be subject to inspection and acceptance by the Town Engineer, the Zoning Inspector, and other proper authorities.
A. 
Performance bond. In order to assure the Town that all streets, curbs, sidewalks, fire hydrants, street signs, monuments, water and sewerage facilities, all public stormwater management facilities or features other than stormwater management facilities or features that serve only an individual lot where such eventual individual lot owner will be required, pursuant to documents recorded in the Land Records of Talbot County, to establish such stormwater management facilities or features, and other improvements shown on or accompanying said final plat will be constructed and installed in strict accordance with the plats, as finally approved and with the standards, regulations, and specifications of the Town, and will be maintained until accepted by the Town, the owner shall furnish to the Town a letter of credit or a bond in a form acceptable to the Town Attorney with such surety and in such form as the Town Commissioners shall approve, in an amount sufficient to cover 125% of the projected cost of the construction and installation of the aforesaid improvements, except for streets, roads and storm drainage facilities, which shall be in the amounts set forth in Subsection C below, as approved by the Town Engineer, until said improvements shall be accepted by the Town. The improvement guaranty secured by the performance bond shall be conditioned upon:
(1) 
The applicant/owner constructing and installing, or causing to be constructed or installed, in strict accordance with the final plat and accompanying submittals, as finally approved, and with the Town standards and specifications, the streets, roads, curbs, sidewalks, fire hydrants, drainage facilities, street signs, monuments, water, and sewerage facilities, and other improvements shown on or accompanying said final plat; and
(2) 
The applicant/owner maintaining at his own cost said streets, curbs, sidewalks, fire hydrants, street signs, monuments, water and sewerage facilities, all public stormwater management facilities or features, and all stormwater management facilities or features that serve other than an individual lot where such eventual lot owner will be required, according to documents recorded in the land records of Talbot County, to establish such stormwater management facility or feature, and other improvements shown on or accompanying said final plat, until the same are accepted by the Town for public use or dedicated/deeded to a homeowners' association or like entity; and
(3) 
Acceptance of title to said improvements; and
(4) 
The faithful performance by the applicant/owner of the public works agreement is required by § 110-59 of this article.
B. 
Maintenance bond. Concurrent with the Town's acceptance of the improvements, the applicant/owner shall provide a maintenance bond with a surety and in such form as the Town Attorney, and the Town Commissioners shall approve, or a letter of credit in such form as the Town Attorney shall approve and, in an amount sufficient to cover 25% of the projected total construction cost as approved by the Town Engineer, except for streets, roads and stormwater management facilities and features (other than stormwater management facilities and features on individual lots that are required under covenants or conditions recorded in the Land Records of Talbot County), which shall be in the amounts outlined in Subsection C below. The maintenance bond shall be conditioned upon:
(1) 
The absence of damages or injury caused to the improvements due to latent defects, defective construction or design, injuries caused by construction equipment and vehicles, and any other acts or admissions attributable to the owner or his agents, employees, contractors, or subcontractors; and
(2) 
The faithful performance by the owner of the public works agreement is required by § 110-59 of this article.
C. 
Street, road, and storm drainage bonding methods and amounts:
(1) 
For streets, roads, storm drainage facilities, and all improvements appurtenant to that, the applicant/owner may choose between either bonding method below for the performance bonds.
(a) 
Bonding method A. A cash or corporate bond equal to 25% of the base construction cost plus 125% of the surface construction cost, as estimated by the subdivider and approved by the Town Engineer, shall be furnished by the subdivider, conditioned upon satisfactory completion of all construction covered by the permit. Upon completion of the base road construction and all storm drainage construction and appurtenances and complete slope stabilization and other submittals deemed necessary by the Town Engineer, building permits will be issued.
(b) 
Bonding method B. A cash or corporate bond equal to 110% of the base construction cost plus 125% of the surface construction cost as estimated by the subdivider and approved by the Town Engineer, shall be furnished by the applicant conditioned upon satisfactory completion of all work covered by the permit. Upon submittal and approval of satisfactory bonding, public works agreement, and other submittals deemed necessary by the Town Engineer, building permits will be issued. Use and occupancy permits shall be released upon completion and acceptance of the base road construction (including a bituminous concrete base course).
(2) 
For streets, roads, and stormwater management facilities and features (other than stormwater management facilities and features on individual lots that are required according to covenants or conditions recorded in the land records of Talbot County), and all improvements appurtenant thereto, the owner (subdivider) shall post a maintenance bond in an amount equal to 10% of the surface construction cost, as approved by the Town Engineer.
D. 
The Town as sole oblige. Notwithstanding any other provision of these subdivision regulations, or any requirement that may be imposed by the public works agreement with the subdivider, the Town shall be the sole and exclusive oblige of the performance and maintenance bonds, and such bonds shall inure solely to the benefit of the Commissioners of St. Michaels and no other parties. The requirement that the applicant/owner provide performance or maintenance bonds is intended to secure the Commissioners of St. Michaels before and after accepting improvements for public dedication. It does not create, nor is it intended to create any third-party beneficiary rights.
Appeals from the Planning Commission's decisions under this article may be made to the Circuit Court of Maryland for Talbot County under Maryland law.