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A. Land dedicated to the County for public use. When a record plat contains land dedicated to the County for public use, the dedication must be in perpetuity and must not be altered or taken for private use. However, the person who originally filed the plat, any successor in interest, or the County may petition to abandon any land dedicated under this Section. Abandonment of all or part of the dedicated land may be authorized by:
1. the Council under Section 49-63, if the land has been in public use; or
2. the Board under Section 49-68, if the land has not been in public use.
B. Land dedicated to other public entity. Land dedicated to a public entity other than the County, including the Commission, may be abandoned according to procedures adopted by or applicable to that public entity. (Mont. Co. Code 1965, §17-7; 1894, ch. 622, §60F; 1912, ch. 790, §404; 1970 L.M.C., ch. 7, §1; 1975 L.M.C., ch. 27, §1; 1982 L.M.C., ch. 46, §5; Ord. No. 16-05, §1; Ord. No. 18-19, §2.)
Editor’s note—In Welker v. Strosnider, 22 Md. App. 401, 323 A.2d 626 (1974), it was held that use of a dedicated roadbed as a bicycle path or pedestrian shortcut is not used by the public within the meaning of §§49-67 or 8.4 [formerly 50-15]. Section 8.4 [formerly 50-15] is described in Washington Metropolitan Area Transit Authority v. One Parcel of Land in Montgomery County, 413 F.Supp. 102 (D.Md. 1976). Section 8.4 [formerly §50-15 and, prior to that, §17-7] is interpreted in The Mayor and Council of Rockville v. Greereart, 261 Md. 709, 276 A.2d 642 (1971). Section 8.4 [formerly §50-15 and, prior to that, §17-7] is cited in Small v. State Roads Commission, 246 Md. 646, 229 A.2d 408 (1967). Section 8.4 [formerly §50-15] is also cited in Perlmutter v. Bacas, 219 Md. 406, 149 A.2d 23 (1959) and Nohowell v. Hall, 218 Md. 160, 146 A.2d 187 (1958).
ARTICLE IV. ADMINISTRATION
The Board may grant a waiver from a requirement of this Chapter after making the required findings. (Mont. Co. Code 1965, §104-27; Ord. No. 6-26; Ord. No. 6-123; Ord. No. 6-168; 1973 L.M.C., ch. 25, §8; Ord. No. 12-16, §1; Ord. No. 13-26, §1; Ord. 13-57, §6; Ord. No. 16-16, §1; Ord. No. 18-19, §2.)
A request for a waiver must be submitted to the Board in writing, stating all facts supporting approval of a waiver. (Mont. Co. Code 1965, §104-27; Ord. No. 6-26; Ord. No. 6-123; Ord. No. 6-168; 1973 L.M.C., ch. 25, §8; Ord. No. 12-16, §1; Ord. No. 13-26, §1; Ord. 13-57, §6; Ord. No. 16-16, §1; Ord. No. 18-19, §2.)
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. (Mont. Co. Code 1965, §104-27; Ord. No. 6-26; Ord. No. 6-123; Ord. No. 6-168; 1973 L.M.C., ch. 25, §8; Ord. No. 12-16, §1; Ord. No. 13-26, §1; Ord. 13-57, §6; Ord. No. 16-16, §1; Ord. No. 18-19, §2.)
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.
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. (Mont. Co. Code 1965, §104-27; Ord. No. 6-26; Ord. No. 6-123; Ord. No. 6-168; 1973 L.M.C., ch. 25, §8; Ord. No. 12-16, §1; Ord. No. 13-26, §1; Ord. 13-57, §6; Ord. No. 16-16, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §8.)
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