The following words and phrases, as used in this chapter, have the following meanings.
APPLICANT. Any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities, and any transferee of all or part of the land at one location, who after this chapter takes effect:
(1) Submits for approval or extension of approval a preliminary plan of subdivision or site development plan, which plan provides for the development of a total of 25 or more dwelling units (on public water and sewer) at one location in one or more subdivisions, parts of subdivisions, resubdivisions, site development plans, or stages of development, regardless of whether any part of the land has been transferred to another party; or
(2) Submits to the Frederick County Planning Commission or to the Director of the Department of Planning and Development Review a plan of housing development for any type of site review or development approval required by law, which plan includes construction or development of 25 or more dwelling units (on public water and sewer) at one location.
AREA MEDIAN INCOME (AMI). The area median income as determined by the Department of Housing and Urban Development (HUD) for the area that includes Frederick County.
AT ONE LOCATION. All adjacent land of the applicant if:
(1) The property lines are contiguous or nearly contiguous at any point; or
(2) The property lines are separated only by a public or private street, road, highway or utility right-of-way, or other public or private right-of-way at any point; or
(3) The property lines are separated only by other land of the applicant which is not subject to this chapter at the time of any permit, site plan, development or subdivision application by the applicant.
AVAILABLE FOR BUILDING DEVELOPMENT. All land:
(1) Owned by, or under contract to, the applicant;
(2) Zoned for any type of residential development to which a density bonus provision applies;
(3) Which is already subdivided or is ready to be subdivided for construction or development.
CLOSING COSTS. Statutory charges for transferring title, fees for obtaining necessary financing, title examination fees, title insurance premiums, house location survey charges and fees for preparation of loan documents and deed of conveyance.
CONSUMER PRICE INDEX. That latest published version of the Consumer Price Index for All Urban Consumers (CPI-U) of the U.S. Department of Labor for the Washington Metropolitan area.
CONTROL PERIOD. The time an MPDU is subject to either resale price controls and owner occupancy requirements or maximum rental limits, as provided in § 1-6A-9. Except as provided in § 1-6A-5.2, the control period is 40 years for both sale units and rental units, and begins on the date of initial sale or rental. If a rental MPDU is sold to an eligible person within the control period, the unit must be treated as a new sale MPDU and a new control period must begin on the date of the sale.
COUNTY. Frederick County, Maryland.
DATE OF ORIGINAL SALE. The date of settlement for purchase of a moderately priced dwelling unit.
DATE OF ORIGINAL RENTAL. The date the first lease agreement for a moderately priced dwelling unit takes effect.
DENSITY BONUS PROVISION. Any increase in density in a zoning classification that allows residential development above the amount permitted in the base, standard method or maximum allowable densities per acre under zoning for PUD’s and other non-Euclidean zones.
DEPARTMENT. The Department of Housing and Community Development.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, dumping, extraction, dredging, grading, paving, storage of materials or equipment, land excavation, land clearing, land improvement, landfill operation, or any combination thereof. This term shall also include the subdivision of land as it applies to existing properties located totally within a designated floodplain.
DIRECTOR. Except as otherwise indicated, the head of the Department of Housing and Community Development, or the Director’s designee.
DWELLING UNIT. A building or part of a building that provides complete living facilities for 1 family, including at a minimum facilities for cooking, sanitation and sleeping.
ELIGIBLE PERSON. A person or household who qualifies to participate in the MPDU program.
FREDERICK COUNTY MEDIAN INCOME (FCMI). The median income for Frederick County only, as determined by the Director based on timely U.S. Census Bureau data, which may be a percentage of the AMI determined by HUD.
HOUSING INITIATIVE FUND. A fund established by the county to facilitate affordable housing.
MODERATE INCOME. Except as provided in § 1-6A-5.2, those levels of income, established by the Housing Director and approved by the county, which prohibit or severely limit the financial ability of persons to buy or rent housing in Frederick County.
MODERATELY PRICED DWELLING UNIT or MPDU. A dwelling unit which is:
(1) Offered for sale or rent to eligible persons through the Department, and sold or rented under this chapter, or
(2) Sold or rented under a federal, state or local government affordable housing program designed to assist the construction or occupancy of housing for families of moderate income, and designated by the Director as an MPDU.
PLANNING COMMISSION. The Frederick County Planning Commission.
PRIORITY MARKETING PERIOD. The period an MPDU must by offered exclusively for sale or rent to eligible persons, as provided in § 1-6A-8.
(Ord. 02-25-321, 11-21-2002; Ord. 14-23-678, 11-13-2014; Bill No. 15-06, 7-7-2015; Bill No. 22-27, 10-18-2022)