59-C-1.393. Development Approval Procedures Under the Optional Method of Development.

      (a)   A request to utilize development rights on a property under the optional method must be in the form of a preliminary subdivision plan submitted in accordance with the subdivision regulations contained in chapter 50 of the County Code.

      (b)   Such a preliminary plan must include at least two-thirds of the number of development rights permitted to be transferred to the property under the provisions of the applicable master plan approved by the district council. However, upon a finding by the planning board that for environmental or compatibility reasons it would be desirable to permit a lower density, the two-thirds requirement may be waived.

      (c)   A site plan shall be submitted and approved in accordance with the provisions of division 59-D-3.

      (d)   The planning board must approve a request to utilize development rights if the request:

         (1)   Does not exceed the limitation on the density or number of dwelling units permitted in the zone and in the applicable master plan approved by the district council;

         (2)   Is in accordance with the provisions of this chapter;

         (3)   Is in accordance with chapter 50, title "Subdivision of Land;"

         (4)   Is consistent with other recommendations of the master plan approved by the district council; and

         (5)   Achieves a desirable development compatible with both site conditions and surrounding existing and future development.

      (e)   Prior to recordation of a final record plat for a subdivision using transferred development rights, an easement to the Montgomery County Government in the form required by Section 59-C-1.392(a) limiting future construction of dwellings on a property in the RDT zone by the number of development rights received must be recorded among the land records of Montgomery County, Maryland.

      (f)   A final record plat for a subdivision using transferred development rights shall contain a statement setting forth the development proposed, the zoning classification of the property, the number of development rights used, and a notation of the recordation of the conveyance required by Section 59-C-1.392(b).