In addition to the definitions contained elsewhere in this Chapter
14:1, the following words have the meanings indicated:
AUTHORIZED SURETY
A performance guarantee and/or a maintenance guarantee in
a form required by this article and includes, to the extent authorized
by this article:
A.
A bond issued by a company authorized to provide
surety in Maryland;
B.
A letter of credit issued by a financial institution
authorized to do business in Maryland; or
REQUIRED IMPROVEMENTS
Includes required improvements and any other improvements, facilities or work for which a guarantee is given under this Chapter
14:1.
This article applies to any monetary guarantee, agreement or undertaking authorized or required by this Chapter
14:1 with respect to a required improvement.
Nothing in this article shall be construed to
obligate the County Commissioners of Queen Anne's County, the Planning
Commission, the Department of Planning and Zoning, or any officer,
employee, agent, or attorney of the County with respect to any aspect
of a required improvement or its construction. No person, including
a contractor, a subcontractor, or a person who supplies materials
with respect to a required improvement, shall have any interest in
any guarantee furnished under this article, as third party beneficiary
or otherwise.
The Planning Commission may adopt general rules and regulations, consistent with this Chapter
14:1, relating to its duties with respect to guarantees.
Whenever authorized surety furnished by an owner
or developer (including, in the case of a bond or letter of credit,
the company or institution which issued the authorized surety) shall
be deemed by the County to be insufficient or unsatisfactory, the
owner or developer, within 10 days after notice to that effect, shall
furnish and deliver new authorized surety to the County, in the same
penalty and on the same conditions and in a form satisfactory to the
County. This duty shall continue on the part of the owner or developer
whenever and so often as the County shall require new authorized surety.
If the owner or developer fails to furnish such authorized surety
within 10 days after said notice, no further work shall be performed
by the owner or developer and no inspections, approvals, or amendments
to plans shall be given by the Planning Director or Planning Commission
until satisfactory bonds have been furnished.
The developer, applicant or other person seeking
approval has sole responsibility for the preparation of covenants,
obtaining all required signatures and paying all costs of recordation.
After approval by the Planning Commission, the
Planning Director shall deliver the instrument containing the covenants
to the Clerk of the Circuit Court for Queen Anne's County, together
with the required fees furnished by the developer, applicant or other
person for whom the covenants were approved. The Planning Director
shall immediately notify such person in writing of such recording.