5241
MONTGOMERY COUNTY

FOLLOWING RECEIPT THEREOF. THE BOARD MAY, FOR GOOD CAUSE
SHOWN, EXTEND THE TIME FOR SUCH ACTION UNLESS SUCH
EXTENSION WOULD BE IN CONFLICT WITH ANY OTHER PROVISION
OF LAW. ACTION BY THE BOARD ON A PROPOSAL OR APPLICATION
SHALL BE IN ACCORDANCE WITH THIS SUB-CHAPTER, WITH ANY
OTHER APPLICABLE PROVISION OF LAW, AND WITH SUCH RULES
AND REGULATIONS AS THE COUNTY COUNCIL, SITTING AS THE
COUNTY BOARD OF HEALTH, MAY ESTABLISH AFTER A PUBLIC
HEARING THEREON. IN ACTING ON PROPOSALS AND APPLICATIONS
PURSUANT TO THIS SECTION, THE BOARD SHALL CONDUCT SUCH
PUBLIC HEARINGS AS MAY BE PRESCRIBED BY LAW OR BY RULE OR
REGULATION OF THE COUNTY COUNCIL, SITTING AS THE COUNTY
BOARD OF HEALTH.

(D)    AFTER REVIEW AND ACTION BY THE BOARD ON A
PROPOSAL OR APPLICATION SUBMITTED HEREUNDER, THE BOARD
SHALL FORWARD SUCH PROPOSAL OR APPLICATION, TOGETHER WITH
THE BOARD'S COMMENTS AND RECOMMENDATIONS THEREON, TO THE
COUNTY EXECUTIVE WITH A COPY TO THE COUNTY COUNCIL.
WITHIN FIFTEEN (15) DAYS FOLLOWING RECEIPT OF SUCH
PROPOSAL OR APPLICATION FROM THE BOARD, THE COUNTY
EXECUTIVE SHALL FORWARD THE PROPOSAL, OR APPLICATION WITH
OR WITHOUT HIS COMMENTS, TO THE COUNTY COUNCIL SITTING AS
THE COUNTY BOARD OF HEALTH, FOR ACTION. IN THE EVENT THE
COUNTY EXECUTIVE FAILS TO FORWARD THE PROPOSAL OR
APPLICATION WITHIN SUCH SPECIFIED TIME, THE COUNTY
COUNCIL, AT THE EXPIRATION OF SUCH TIME, MAY CONSIDER THE
PROPOSAL OR APPLICATION AS IF IT WERE FORWARDED BY THE
COUNTY EXECUTIVE WITHOUT COMMENT.

(E)    FOLLOWING RECEIPT OF THE PROPOSAL OR
APPLICATION FROM THE EXECUTIVE, OR IF THE EXECUTIVE FAILS
TO FORWARD SUCH PROPOSAL OR APPLICATION WITHIN THE TIME
SPECIFIED HEREIN, THE COUNCIL, SITTING AS THE COUNTY
BOARD OF HEALTH, SHALL ACT ON SUCH PROPOSAL OR
APPLICATION IN ACCORDANCE WITH STATE LAW AND IN
CONFORMANCE WITH SUCH PROCEDURES AS MAY BE ESTABLISHED BY
THE COUNCIL PURSUANT TO THIS SUB-CHAPTER.

Section 4. Severability.

The provisions of this Act are severable, and if any
provision, sentence, clause, section or part thereof is
held illegal, invalid or unconstitutional or inapplicable
to any person or circumstances, such illegality,
invalidity, 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 persons or circumstances. It is
hereby declared to be the legislative intent that this
Act would have been adopted if such illegal, invalid or
unconstitutional provision, sentence, clause, section or
part had not been included therein, and if the person or
circumstances to which the Act or any part thereof is