# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 50. Subdivision of Land.

### Article Iv. Administration

#### Division 50.9. Waivers From This Chapter

**Section 9.1. Authority of Planning Board**

  The Board may grant a waiver from a requirement of this Chapter after making the required findings.

**Section 9.2. Application**

  A request for a waiver must be submitted to the Board in writing, stating all facts supporting approval of a waiver.

**Section 9.3. Findings**

  A.   To grant a waiver, the Board must find that:

    1.   due to practical difficulty or unusual circumstances of a plan, the application of a specific requirement of the Chapter is not needed to ensure the public health, safety, and general welfare;

    2.   the intent of the requirement is still met; and

    3.   the waiver is:

      a.   the minimum necessary to provide relief from the requirements; and

      b.   consistent with the purposes and objectives of the General Plan.

**Section 9.4. Conditions**

  The Board may condition the waiver approval.

**Section 9.5. Procedure for Granting Waivers**

  A.   Referral for recommendations. The Director must send a copy of each waiver request to the applicable Development Review Committee agencies for investigation, report, and written recommendation before acting on the request. For waivers requested as part of a preliminary plan or pre-preliminary plan, those agencies must submit any report and recommendation on the waiver in the timeframes required for those plans. For separate waiver requests, final recommendation must be provided to the Director within 30 days after receiving the request, or the recommendation must be treated as favorable.

  B.   The Director must publish a report and recommendation at least 10 days before the scheduled Board hearing. A waiver request filed under this Section may be used as grounds for a request to extend the time requirements in Sections 4.2 and 8.2.

  C.   Resolution. The Board must make its decision by resolution.

  D.   Non-waiver of other ordinances. When granting a waiver, the Board must not change any other requirement of law.