Montgomery County                           2725

or his surety does not thereafter, within the time specified, complete
the construction according to the provisions of this Article, then the
County shall forthwith proceed to do whatever is necessary to cause
the construction to comply with this Article, and the permittee and
his bond shall thereupon be liable for any expense incurred thereby.
Any acceptance of a road by the County shall be in writing fully
identifying the road. Thereafter, the road shall be maintained at
County expense. Where cash has been deposited pursuant to subsec-
tion (c) of 103-18 of this Code and a road is not accepted, the County
may withhold any funds remaining in the cash deposit account until
compliance by the permittee with the provisions of this Article. If the
permittee does not comply, the County may declare a forfeit of such
amount as is required to effect compliance.

Sec. 49. Subsections (a) and (b) (9) of Section 103-20, Chapter
103, title "Streets and Roads," of the Montgomery County Code 1965,
as amended, are hereby repealed and re-enacted, with amendments,
to read as follows:

103-20. Waivers of requirements of Article.

(a)    The requirements of this Article for sidewalks, rights-
of-way widths, curbs and gutters, paving widths, grade percentages,
full-width grading, construction to intersection and the construction
of both roadways of a dual lane road or any one or a combination of
such items may be waived pursuant to the standards herein contained
by the County Executive after receiving recommendations thereon
from the Director of the Department of Public Works. Waivers
may be granted in such manner in the case of roads to be constructed
by the County as front foot benefit projects or otherwise and in the
case of roads to be constructed by permittees.

(b)    The following standards for the granting and denying

of waivers are hereby established:

* * *

(9) Moderate Price Development. Any provision of this
Road Construction Code may be waived in connection with a Mod-
erate Price Development as enunciated in the Subdivision Regula-
tions, Chapter 104 of the Montgomery County Code 1965, when in
the judgment of the County Executive it contributes to the objectives
and purposes of such a Development and will not substantially impair
the purposes of this Code.

Sec. 50. Severability.

The provisions of this Act are severable and if any provision,
sentence, clause, section or part thereof is held illegal, invalid or un-
constitutional or inapplicable to any person or circumstances, such
illegality, invalidity or unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, sentences,
clauses, sections or parts of the Act or their application to other per-