(a) Program established. There is an expedited review program that may be utilized in lieu of the review process provided in this article for engineered water and sewer, road, storm drain, stormwater management or grading plans outside the critical area overlay.
(b) Generally. A developer may elect to participate in the expedited review program and contract for private review of engineered water and sewer, road, storm drain, stormwater management or grading plans by reviewers certified by the County.
(c) Process and procedure. The Office of Planning and Zoning and the Department of Inspections and Permits shall adopt regulations, forms and compliance checklists to implement the expedited review program, which shall include the following provisions.
(1) All expedited reviews shall be at the sole cost of the developer.
(2) All potential certified reviewers shall meet minimum qualifications established by the Office of Planning and Zoning and the Department of Inspections and Permits.
(3) The Office of Planning and Zoning and the Department of Inspections and Permits shall maintain a rotation list of all certified reviewers and refer requests for review from the list of certified reviewers on a rotation. The Office of Planning and Zoning and the Department of Inspections and Permits shall determine which certified reviewers received the last request and refer the requesting applicant the names of the next three certified reviewers on the list to review the application. The applicant shall notify the Office of Planning and Zoning and the Department of Inspections and Permits of their selection of a certified reviewer within three days of execution of an agreement with a certified reviewer.
(4) Certified reviewers shall enter into an agreement to indemnify the County from any and all claims or liabilities arising out of negligent acts or omissions of the certified reviewer.
(5) All recommendations for plan approval by certified reviewers are subject to review by the Office of Planning and Zoning and the Department of Inspections and Permits.
(6) Notwithstanding a recommendation for plan approval by a certified reviewer, final plan approval authority remains solely with the Office of Planning and Zoning and the Department of Inspections and Permits.
(7) Certified reviewers may not have an interest, as that term is defined in § 7-1-101 of this Code, in any project in which they are retained to perform a review or have an interest in any other project or business entity of the developer who is requesting expedited review from the reviewer, or in any business entity in which the developer and the reviewer have a shared interest. Certified reviewers shall disclose any interest in projects or businesses as part of the qualification process and have an affirmative duty to update the disclosure annually.
(8) The program shall include a process to address complaints regarding certified reviewers and remedies, including de-certification.
(d) In lieu of County review. Expedited review under this section shall be in lieu of the County review process under Title 3 and Title 4 of this article, provided, however, that all plans recommended for approval by expedited review shall be reviewed by the Office of Planning and Zoning and the Department of Inspections and Permits for compliance with all applicable requirements of State and County law, and may not be approved until full compliance is confirmed.
(e) Time for final review. Final plan review by the Office of Planning and Zoning and the Department of Inspections and Permits of engineered water and sewer, road, storm drain, stormwater management or grading plans recommended for approval by a certified reviewer shall be completed no later than 10 days after certification and written request for approval from a certified reviewer.
(f) Reporting to County Council. No later than July 1 of each year, the Planning and Zoning Officer, through the Office of Planning and Zoning, the Department of Inspections and Permits, the Chief Administrative Officer, and the County Executive, shall submit an annual report to the County Council describing the operation of the expedited review program, including a summary of the program from the preceding year, the number of certified reviewers approved, the number of projects that elected and completed the expedited review process, the time frame for projects to complete the expedited review process, and any disciplinary actions.
(g) Disclosure of expedited review election. The Office of Planning and Zoning and Department of Inspections and Permits shall maintain a list on the County website of all projects for which a developer has opted for expedited review by a certified reviewer. The list shall include the date of request, type of review requested and the deadline for submission of the reviewed application to the Office of Planning and Zoning or Department of Inspections and Permits.
(Bill No. 23-16)