§ 32-4-304. PUBLIC WORKS AGREEMENTS.

(a)

In general.

(1)

Except as provided in subsection (e) of this section, the county shall require the applicant to execute a public works agreement to ensure the completion of the public improvement or private improvement.

(2)

The public works agreement shall delineate the applicant's obligations to:

(i)

Construct public improvements or private improvements; and

(ii)

Dedicate and convey to the county all necessary rights-of-way.

(b)

Submission of public works agreement. The applicant shall submit:

(1)

The public works agreement to the Department of Permits, Approvals and Inspections on a form approved by the Department Director and the Office of Law; and

(2)

All relevant information required by the Department of Permits, Approvals and Inspections.

(c)

Approval or rejection of public works agreement.

(1)

Within 20 business days after receiving the proposed public works agreement, the Department of Permits, Approvals and Inspections shall:

(i)

Approve the public works agreement; or

(ii)

Reject the public works agreement.

(2)

If the Director of Permits, Approvals and Inspections rejects the public works agreement, the Department shall provide the applicant with the reasons for its decision in writing.

(3)

An applicant may resubmit a proposed public works agreement after receipt of notice of the Department of Permits, Approvals and Inspections' decision to reject the proposed agreement.

(d)

Execution of agreement. After approval by the Department of Permits, Approvals and Inspections, the Department shall submit the public works agreement to the County Executive or the County Administrative Officer for execution.

(e)

Waiver. The Director of Permits, Approvals and Inspections may waive the requirement for a public works agreement if the Director determines that the public improvements are minimal public improvements, including:

(1)

Fire hydrants;

(2)

Water or sewer extensions;

(3)

Storm drain extensions;

(4)

Curb, gutter, or pavement projects;

(5)

Traffic control devices; or

(6)

Other similar improvements.

(1988 Code, §§ 26-239, 26-240) (Bill No. 38-98, § 6, 6-20-1998; Bill No. 79-01, § 2, 7-1-2004; Bill No. 122-10, §§ 12, 30, 1-16-2011)