§ 32-4-303. COUNTY PARTICIPATION.

(a)

Authority. To encourage property development in the county, the county, may assist developers or other property owners in the construction of roads, drains, and other similar structures.

(b)

Form of assistance. The assistance authorized under this section:

(1)

May be in the form of a contribution of a part of the cost of the work or by the furnishing of labor to assist in the construction; and

(2)

In whatever form, may not exceed one-third of the total actual cost of construction.

(c)

Grading or engineering costs.

(1)

A contribution is not allowable for any grading or engineering costs.

(2)

Grading or engineering costs may not be considered in the grant of any assistance.

(d)

Application. Application for assistance under this section must be in writing addressed to the county and fully describing the nature of the project for which assistance is requested.

(e)

Approval. No assistance, in any form, shall be granted, except by and with the approval of both the Director of Public Works and the County Administrative Officer or designee.

(f)

Conditions.

(1)

This section may not be construed to require any contribution by the county to any person.

(2)

Any contribution allowed shall only be available in exact accordance with the terms and conditions of the grant and subject to the general rules and regulations as may be adopted by the county.

(g)

County Council - Approval required for participation in public improvement. Except as provided in subsection (h) of this section, upon approval of the County Council, the county may participate in providing the public improvements in accordance with this section.

(h)

Same - Exception. When required by the county as a condition of development, the requirement for County Council approval under subsection (g) of this section does not apply to county participation in the cost of construction of:

(1)

Any of the following major water facilities provided the facility is not required exclusively for the supply of water to the development:

(i)

A water main 16 inches or greater in diameter;

(ii)

A water pumping station; and

(iii)

A water storage tank; or

(2)

Any of the following major sewer facilities provided the facility is not required exclusively to service the development:

(i)

A sewer main with a county approved design flow of 2.3 million gallons per day or greater;

(ii)

A sewerage pumping station; and

(iii)

A sewerage holding tank.

(1988 Code, §§ 26-238, 31-1) (Bill No. 38-98, § 6, 6-20-1998; Bill No. 79-01, § 2, 7-1-2004; Bill No. 75-03, § 25, 7-1-2004)

  Annotation— Title 23, § 291(12), of the code (1948) applied in Inter-City Land Company v. Baltimore County, 218 Md. 80, 145 A.2d 266 (1958).