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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.)
The Board may adopt regulations and necessary procedures under Chapter 2A, Section 15, Method (2) to administer this Chapter. (Ord. No. 18-19, §2.)
A. Guarantee of completion of improvements before recording final plat.
1. Before plat recordation, the subdivider must demonstrate to the Board or the Director that the subdivider has obtained the necessary permits and bonds or provided other surety that ensures completion of all required public and private improvements on the land covered by the plat being recorded.
2. As an alternative to the requirements of Subsection 10.2.A.1, if approved by the applicable public agency, a public improvement agreement may be executed between the applicant and the agency to ensure completion of public improvements.
3. When the subdivider or developer is required by regulations of the WSSC to record a final plat dedicating public roads in excess of a current building phase to obtain installation of water and sewer to the site, surety as required by the Road Design and Construction Code for road improvements for such excess platting may be delayed under the approved timing sequence of the proposed development approved by the applicable County agency. (Mont. Co. Code 1965, §104-26; Ord. No. 7-41, §4; 1973 L.M.C., ch. 25, §8; Ord. No. 8-90, §1; Ord. No. 10-12, §3; Ord. No. 13-26, §1; Ord. No. 13-36, §1; Ord. No. 13-57, §5; Ord. No. 13-62, §1; Ord. No. 13-113, §1; Ord. No. 14-37, §1; Ord. No. 14-50, §1; Ord. No. 18-19, §2; Ord. No. 19-22, §9.)
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