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COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
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CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME WARRANTY AND BUILDER LICENSING - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Sec. 19-66. Enforcement, appeals, waiver.
   (a)    Enforcement agreement. Each final water quality plan must contain an enforceable agreement, including an approved financial security instrument, with the Planning Board and the DPS Director, requiring maintenance of all facilities required by the plan.  The financial security instrument may be combined with any other financial security instrument required by this Chapter.
   (b)    Transference of responsibility. Each approved final water quality plan for a residential project must provide that neither ownership nor maintenance of any feature of the water quality plan may be transferred to the County, a homeowners association, or any resident until the DPS Director or the Planning Board, depending on which is the lead agency to review the feature, finds that:
      (1)   each feature has been installed in accordance with the specifications shown on the approved plan;
      (2)   each feature has been verified, by inspection to have been operational and functioning as designed for a reasonable period of time after construction of all units and facilities associated with the last phase of the development project; and
      (3)   homeowners association documents include detailed instructions and a schedule concerning how the facilities and features operate and should be maintained, and assure adequate funding for routine and long term inspections, repair and maintenance of all features shown on the approved plan.
   (c)    Appeals.
      (1)   An aggrieved person may appeal a final decision by the Planning Board or the DPS Director concerning a final development approval or permit in which the provisions of this Article are applied.
         (A)   A final decision by the Planning Board occurs when a written opinion concerning a development approval which requires the implementation of a final water quality plan is mailed.
         (B)   A final decision by the DPS Director occurs when the Department has approved, rejected, issued, modified, or revoked a permit which requires the implementation of a final water quality plan.
      (2)   An appeal of a final decision by the Planning Board must be filed with the Circuit Court within 30 days after the written opinion is mailed.  The DPS Director may intervene as a party in any appeal involving the implementation of a final water quality plan. The Board of Appeals does not have jurisdiction to hear any appeal arising from a final decision by the Planning Board under this Article.
      (3)   An administrative appeal of a decision by the DPS Director must be filed with the Board of Appeals within 30 days after the decision is made.  The Planning Board may present evidence to the Board of Appeals concerning any element of a final water quality plan that relates to its lead agency authority, if relevant to the appeal.
   (d)    Event of default.
      (1)   Events of default are:
         (A)   Required stormwater management facilities, erosion and sediment control facilities, or other mitigation techniques have not been installed or maintained in a correct manner.
         (B)   An applicant has not complied with any other requirement of a water quality plan or this Article.
         (C)   Required fees have not been paid to support a stream monitoring program.
      (2)   If an event of default occurs, the Planning Board or the DPS Director, as applicable, may, in addition to any other remedy already permitted under this Chapter:
         (A)   issue an order prohibiting the applicant from performing any further land-disturbing activities on any developed or undeveloped phase of the project until the applicant is in compliance, or revoking or suspending a permit under Section 19-9.
         (B)   issue a citation for a Class A violation.  Each day a violation continues is a separate offense.
         (C)   take any legal action under Section 1-20 or Chapter 50.
   (e)    Waiver.
      (1)   Written request. An applicant may apply for a waiver from this Article or any regulation adopted under it if enforcement would result in undue hardship to the applicant.  The application must be directed to either the Planning Board or the DPS Director, as applicable.
      (2)   Review and action. After consulting reviewing agencies and holding a public hearing, the Planning Board or the DPS Director, as applicable, may waive any requirement if the applicant shows by clear and convincing evidence that:
         (A)   the application of some or all requirements of this Article would result in undue hardship to the applicant because of events or circumstances not caused or facilitated by the applicant;
         (B)   the applicant would still comply with all applicable federal, state, or County water quality standards; and
         (C)   the relief sought is the minimum needed to prevent hardship. (1994 L.M.C., ch. 32, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2013 L.M.C., ch. 9, § 1.)