<?xml version='1.0' encoding='utf-8'?>
<section number="25-130" name="Waivers" law="code" slug="sec-25-130" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_25TRVE_DIV3TRCACOOR_S25-130WA">
  <level label="a">
    <text>An applicant may request a full or partial waiver from the requirements of this Division. To approve a full or partial waiver, the approving authority shall find that the application meets the following standards:</text>
    <level label="1">
      <text>Topography, site limitations, or other site conditions are such that the full compliance to the requirements are impossible or impractical to comply with the provision of tree canopy coverage on the site in accordance with this Division;</text>
    </level>
    <level label="2">
      <text>Provision of the full extent of the tree canopy coverage requirement cannot reasonably be expected because of a lack of rooting space and or soil volume to accommodate healthy tree growth.</text>
    </level>
    <level label="3">
      <text>The planting of additional trees will result in the need to remove existing pavement being used to meet other County Code requirements;</text>
    </level>
    <level label="4">
      <text>Existing or proposed parking and loading spaces are not in excess of the minimum necessary according to Subtitle 27 of this Code; and</text>
    </level>
    <level label="5">
      <text>The waiver is the minimum necessary based on the criteria above.</text>
    </level>
  </level>
  <level label="b">
    <text>A waiver request shall be accompanied by sufficient written, graphic, and/or photographic explanation and a statement of justification to enable an appropriate evaluation and decision regarding the request.</text>
  </level>
  <level label="c">
    <text>A waiver request shall be approved by the Planning Director, Planning Board, Zoning Hearing Examiner, and/or the District Council for applications heard by them. The appeal process for waiver requests is the same as the appeal process as articulated in the Prince George's County Code for the associated application types.</text>
  </level>
</section>
