§ 18.202. Findings.

The subject property, right-of-way, road or other associated public improvement may be acquired for Howard County, if the Director of Public Works after considering the recommendations of the Public Works Boards shall affirmatively find after hearing:

(a)

That the subject right-of-way, road or other associated public improvement lies wholly within an approved subdivision.

(b)

That the subject road, right-of-way or associated public improvement is adequately described by metes and bounds and by recorded subdivision plat.

(c)

That the subject road, right-of-way or other public improvement is laid out and constructed in accordance with the approved subdivision plan, subdivision regulations of Howard County, and the design manual. However, the required sidewalks and stormwater management facilities need not be complete at the time of acceptance if they meet the criteria of the developer agreement for deferral of sidewalk and stormwater management improvements and surety has been posted with the Director of Public Works for completion of these items pursuant to the provisions of the developer agreement for deferred improvements. Further, the required stabilization, landscaping, and planting of street trees need not be complete at the time of acceptance, if surety has been posted with the Director of Public Works for completion of these items as provided in the developer agreement. The remaining sidewalks, stormwater management facilities, stabilization, landscaping, and planting of street trees shall be inspected and approved by the Department of Public Works prior to release of this surety.

(d)

That the acceptance of the property by Howard County at this time will be in the public interest.

(C.B. 5, 1969; C.B. 116, 1981; C.B. 70, 1988; C.B. 70, 1992)