§ 18.1406. Conditions on approval.

(a)

Conditional Approval. If the Director conditionally approves a formal request, the County may begin to design and construct the improvements only after the conditions under this section have been satisfied.

(b)

Property Owner Participation. Subject to the provisions of subsection (c) of this section, as a condition of approval of a formal request, the owners of all property adjacent to proposed improvements shall agree in writing:

(1)

To reimburse the County for the costs of engineering services and construction of the improvements as provided in section 18.1407 of this subtitle;

(2)

To have a lien placed on the real property of the owners in the amount owed for reimbursement; and

(3)

To transfer to the County, at no cost to the County, fee simple title to the road right-of-way plus, where appropriate, an access, drainage, and/or maintenance easement for stormwater management facilities.

(c)

Other Conditions. If the owners of 100 percent of the property abutting the improvements do not agree to the conditions under subsection (b) of this section, the conditions on approval under subsection (a) of this section may be satisfied if:

(1)

The owners who did not agree to reimburse the County for costs of the improvements under subsection (b) of this section consent, in writing, to transfer to the County, at no cost to the County, fee simple title to the road right-of-way plus, where appropriate, a drainage or access easement for maintenance of stormwater management facilities; and

(2)

The County Council, by resolution, instructs the office of law to institute condemnation proceedings against any property:

(i)

That is necessary to complete the capital project; and

(ii)

Whose owner has not agreed to either the conditions under subsection (b) of this section or item (1) of this subsection.

(d)

One Hundred Percent of Property to Be Accounted For. The properties subject to the conditions under subsection (b) of this section, when combined with the properties that satisfy the conditions of approval by complying with subsection (c) of this section, shall equal 100 percent of the property necessary to complete the capital project.

(C.B. 4, 1997)