Howard County Developer Agreements - Updated November 4, 2013
Howard County DPW, HBAM members, and the Office of Law have been working over the past several years to update the county’s developer agreements and securities.  Everything has been completed, reviewed by county staff and HBAM members, and is now being implemented effective December 2, 2013.  The following is an overview of some of the changes.
  1. One Developer Agreement*:
  • The existing roads, water and sewer and private storm water management developer agreements, which include the f-plans and SDP-plans, have now been combined into one agreement. 
  • The three (3) types of security, cash, bond and letter of credit, have been combined into the one agreement.  This revisions will allow a developer to change his mind about the type of security he is posting without this office having to retype the developer agreement.
  • New Insurance requirements have been added.
  • One reduction will be allowed; however, we have deleted the percentage of reduction.  The percentage of reduction will be set by the Director of Public Works.
  • The agreement will be recorded in the land records.
  • Only one performance, payment and maintenance security will be required.

*Please note that the Forest Conservation Agreement and Shared Septic Agreement will remain separate individual agreements. 

  1. Security:
  • Letter of Credit – over the last several years your banks have been asking for changes to the Letter of Credit relative to demand location.  We will still require a Maryland demand location; however, we have added language to the letter of credit that will allow the County to fax, e-mail and telephone an out of state bank with the demand information. Please be advised that the County is willing to e-mail this information to your bank so that they can cut and paste onto their letterhead to save time and hopefully cut down on errors.
  • Bonds – minor clean up to the language to match the new agreement.  We listened to the concerns of the bonding company regarding no longer using old fashion typewriters and have set the new bond forms up as pdf which will allow the bonding company to type directly into the form, print it and sign it.
  1. Effective Date:  The new developer agreement will be placed into use effective December 2, 2013.

Click the links below for a copy of the new Developer Agreement and Performance and Payment Letter of Credit.  Please feel free to share these documents with anyone else that may be interested.  Please refer questions and comments to HBAM by emailing Michael@homebuilders.org.  HBAM will consolidate any concerns raised and will schedule a meeting with DPW to discuss and resolve any issues prior to the implementation of the agreement.

DPW is making every attempt to make the developer agreement process more efficient, timely and less costly to each developer.  The new developer agreement, improved security forms and e-mailing information to the developer, bank and/or bonding company is a step forward.  DPW will continue to look at ways to streamline the preparation of the developer agreement process.  Any suggestions you may have are welcome. 

Links to Documents:

Developer Agreement - Final

Letter of Credit - Payment

Letter of Credit - Performance

October Update
  • Legislation:

The Council passed a Resolution sponsored by the County Executive and Councilmember Ball that adds flexibility to the County’s green neighborhood program.  The resolution allows builders and developers to access the green neighborhood allocations and build LEED or NGBS Silver certified or higher homes, and not be restricted solely to the County’s green building program as has been required.  Developers would still have to meet the green site development requirements to qualify for the green neighborhood allocations, but once the allocations are granted, builders could get permits by building a LEED or NGBS Silver home.  The Chapter supported this additional flexibility and believes it will lead to additional green building incentives.

  • Comp Plan Update
A group of local citizens is collecting signatures to send the comp plan to referendum on the 2014 ballot.  The group met their first deadline of 50% of the required signatures Oct 3 and have 30 days to collect the remainder. The County is holding implementation of the comp plan until this petition drive is over and they know if it will be on the ballot or not.  The Chapter is monitoring the issue.
HBAM Howard County Contact



Michael Harrison
Director of Policy for Government Affairs
410-265-7400, ext. 109
michael@homebuilders.org

Service Area: Baltimore, Carroll, Howard Counties and State Legislation