§ 32-4-305. CONSTRUCTION OF IMPROVEMENTS.

(a)

Required agreements. Before commencement of construction of an improvement, the applicant shall:

(1)

Execute one or more of the following agreements with the county:

(i)

A utility agreement;

(ii)

A right-of-way improvement agreement; or

(iii)

An environmental agreement; and

(2)

Obtain a written notice to proceed from the county.

(b)

Performance security required.

(1)

(i)

Except as provided in paragraph (2) of this subsection, upon application for a grading permit, the applicant shall post performance security with the county in accordance with § 32-4-312 of this subtitle to ensure completion and stabilization of the grading in accordance with county standards.

(ii)

The amount of performance security may be reduced in accordance with § 32-4-313(b)(2) of this subtitle when the grading is completed as determined by the Department of Environmental Protection and Sustainability.

(2)

If the applicant requests a road only grading permit, then the applicant shall post security to ensure completion of all of the improvements in the environmental agreement in accordance with county standards.

(3)

The applicant shall post performance security with the county in accordance with § 32-4-312 of this subtitle to:

(i)

Ensure completion of the applicant's obligations in the environmental, right-of-way improvement, or utility agreements in accordance with county standards; and

(ii)

Provide for a maintenance period after approval of the work required in the environmental, right-of-way improvement, or utility agreements.

(4)

The applicant shall post the security required under this subsection when the applicant:

(i)

Executes the environmental agreement, right-of-way improvement agreement, or utility agreement, if no public works agreement is required by the county;

(ii)

Executes a public works agreement for any development that does not require the extension of public water or sewer service; or

(iii)

Applies for a building permit for any development that is the subject of a public works agreement and that requires the extension of public water or sewer service.

(c)

Stop work

(1)

Upon receiving a stop work order notice from a county official under this subsection, any work or activity covered by the notice shall immediately stop.

(2)

A county official may issue a stop work order if the county official determines:

(i)

That any work or activity covered by an environmental, right-of-way improvement, or utility agreement is being performed in violation of the code, county regulations, or county standards; or

(ii)

That any work or activity is being or has been performed in violation of this title.

(3)

A county official shall issue the stop work order in writing and deliver the order to the applicant, property owner, or the person performing the work.

(4)

The stop work order shall comply with the requirements of § 3-6-203 of the Code and include:

(i)

The conditions under which the work will be allowed to resume; and

(ii)

The corrective action, if any, to be taken.

(5)

This subsection may be enforced in accordance with the procedures under §§ 3-6-205 and 3-6-206 of the Code by:

(i)

The Department of Permits, Approvals and Inspections for work covered by the right-of-way improvement and utility agreements; or

(ii)

The Department of Environmental Protection and Sustainability for work covered by the environmental agreement.

(6)

(i)

The applicant or owner shall be subject to a civil penalty not to exceed $1,000 for each day the violation of the stop work order continues.

(ii)

An applicant or owner who receives a civil penalty may appeal the final order as provided for in Article 3, Title 6, Subtitle 3 of the Code.

(1988 Code, § 26-241) (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)