<?xml version='1.0' encoding='utf-8'?>
<section number="10-291" name="Community Benefit Agreements authorized" law="code" slug="sec-10-291" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV18COBERE_S10-291COBEAGAU">
  <level label="a">
    <text>On a case by case basis, as a condition of a public benefit, the County Executive may require the developer(s) of a County assisted development that is awarded a total public benefit of a value greater than Three Million Dollars ($3,000,000) to enter into a Community Benefit Agreement with the County.</text>
  </level>
  <level label="b">
    <text>A community coalition, comprised of stakeholder representatives of eligible community stakeholders selected by a resolution proposed by the County Executive to the County Council, shall negotiate a recommendation to the County Council for a Community Benefit Agreement with the developer(s) of a County assisted development. A recommended Community Benefit Agreement may be amended and must be approved by resolution of the County Council, signed by the County Executive, and signed by the developer(s) of a County assisted development in order to become a legally binding Community Benefit Agreement between the County and the developer(s).</text>
    <level label="1">
      <text>An eligible community stakeholder selected by County Council resolution under this Subsection is entitled to select only one (1) individual to be a stakeholder representative and member of the community coalition on its behalf. The eligible community stakeholder may replace or remove this stakeholder representative from the community coalition at any time.</text>
    </level>
    <level label="2">
      <text>A stakeholder representative shall only have one vote on any decision or action made by a community coalition.</text>
    </level>
    <level label="3">
      <text>Any vote or other action taken by a community coalition must be made at a public meeting of the community coalition, which shall not occur unless public notice of the meeting has been posted for at least five (5) calendar days.</text>
    </level>
    <level label="4">
      <text>An agreement between the developer(s) of the County assisted development and a majority of the community coalition shall be required in order to make a recommendation for a Community Benefit Agreement to the County Council.</text>
    </level>
    <level label="5">
      <text>A community coalition is a public body under the applicable laws of Prince George's County, Maryland.</text>
    </level>
    <level label="6">
      <text>Other procedures for the operation and function of a community coalition, including the selection and authority of officers of the community coalition, may be set forth in regulations as authorized in Section 10-293.</text>
    </level>
  </level>
  <level label="c">
    <text>A community coalition and the developer(s) with whom the coalition is negotiating under this Section shall recommend a Community Benefit Agreement within ninety (90) days of the effective date of the County Council resolution establishing the coalition's community stakeholders pursuant to Subsection (b) of this Section. In the event a community coalition and the developer(s) of a County assisted development subject to this Section do not recommend a Community Benefit Agreement to the County Council within this ninety (90) day period, the County Council may adopt a resolution establishing and approving the terms of the Community Benefit Agreement. Such an agreement must be signed by the County Executive and signed by the developer(s) of the County assisted development subject to this Section in order to become a legally binding Community Benefit Agreement between the County and the developer(s).</text>
  </level>
  <level label="d">
    <text>The aggregate monetary value of the community benefits required to be proffered in a Community Benefit Agreement by the developer(s) of a County assisted development subject to this Section shall be no greater than ten percent (10%) of the total value of the public benefit awarded to the developer(s) for the County assisted development, as valued by the County's Office of Management and Budget.</text>
  </level>
  <level label="e">
    <text>A violation of a Community Benefit Agreement by the developer(s) of a County assisted development subject to this Section may result in a fine of up to five percent (5%) of the monetary value of the received public benefit for each violation or, for repeated violations, a complete refund of the value of the received public benefit and cancellation of the remaining public benefit award, as determined by the County Executive or the County Executive's designee. Compliance with this Section shall be included as a condition of the Community Benefit Agreement or the agreement shall be void.</text>
  </level>
  <level label="f">
    <text>Nothing in this Section shall be interpreted to preclude the inclusion of a Community Benefit Agreement for a development or project not covered by the requirements of this Division.</text>
  </level>
  <level label="g">
    <text>Any County Council resolution enacted to establish a Community Benefit Agreement under this Section shall be proposed and adopted on the public record at a public hearing in compliance with Section 15-807 of the State Government Article of the Annotated Code of Maryland.</text>
  </level>
</section>
