5337
MONTGOMERY COUNTY

held illegal, invalid, or unconstitutional or
inapplicable to any person or circumstance, such
illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the
remaining provisions, sentences, clauses, sections or
parts of this Act or their application to other persons
and 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 inapplicable had been
specifically exempted therefrom.

Sec. 3. Effective date.

The County council hereby declares that an emergency
exists and that this legislation is necessary for the
immediate protection of the public health and safety.
Therefore, this emergency legislation shall take effect
on the date on which it becomes law.

Chapter 17
Bill No. 3-72

AN ACT to add a new Chapter 25A, title "Housing,
Moderately Priced," to the Montgomery County Code 1972,
to provide that any applicant who applies for a building
permit for development or construction of 50 or more
dwelling units at one location shall, prior to being
issued a building permit, submit to the County Department
of Environmental Protection a written statement in which
the applicant shall agree that not less than fifteen
percent (15%) of the number of dwelling units covered by
a subdivision plat, by a plan of development or by a
building permit as defined in the Act, and twenty percent
(20%) of the number of dwelling units located in a Town
Sector or Planned Neighborhood Zone, shall be moderately
priced dwelling units; to define moderately priced
dwelling units and to provide for redefinition by written
regulation of the County Executive from time to time; to
provide for a waiver of such requirement by the
Montgomery County Planning Board or the Director of the
County Department of Environmental Protection in unusual
cases of hardship, or when prevented by law, or other
good cause; to provide for a procedure for sale or lease
of the dwelling units to good faith purchasers or renters
for their own residence; to grant an option for purchase
or rent of one—third of the units to the County Housing