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   59-C-1.392. General Provisions.
      (a)   A development right shall be created, transferred and extinguished only by means of documents, including an easement and appropriate releases, in a recordable form approved by the planning board. The easement shall limit the future construction of one-family dwellings on a property in the RDT zone to the total number of development rights established by the zoning of the property minus all development rights previously transferred in accordance with this section, the number of development rights to be transferred by the instant transaction, and the number of existing one-family detached dwellings on the property.
      (b)   The transfer of development rights shall be recorded among the land records of Montgomery County, Maryland.
      (c)   The development density of a property under the TDR optional method may not be increased above the maximum density permitted in the zone (section 59-C-1.332(c)) nor beyond the density or number of dwelling units recommended for such property by the land use plan of the applicable master plan approved by the district council.
      (d)   A property developed with the transfer of development rights shall conform to the requirements of chapter 25A of the Montgomery County Code requiring MPDU's. The applicability of chapter 25A and the MPDU density increase provided by section 59-C-1.6 shall be calculated after the base density of a property has been increased by a transfer of development rights. The density increase provided by section 59-C-1.6 may be made without the acquisition of additional development rights.