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For approval of townhouses and one-family attached dwelling units, the procedure is as set forth in division 59-D-3. For approval of one-family detached and one-family semidetached dwelling units, there are 2 alternative procedures, as follows:
(a) Where one-family detached and one-family semidetached dwelling units are proposed in accordance with the setback, yard and minimum lot size requirements for moderately priced dwelling unit development of sections 59-C-1.623, 59-C-1.624 and 59-C-1.625, the procedure for approval is as set forth in division 59-D-3.
(b) Where one-family detached dwelling units are proposed in accordance with both the minimum lot size provisions for moderately priced dwelling units of section 59-C-1.625 and the cluster development setback and yard requirements of sections 59-C-1.534 and 59-C-1.535, the procedure for development is as set forth in section 50-39. The provisions for public posting set forth in section 50-39(c)(1)a do not apply. At the time of approval of the preliminary plan of subdivision, the Planning Board may require that, in order to resolve specific environmental or compatibility issues, certain of the detached dwelling units are subject to site plan approval, as set forth in division 59-D-3. Such dwelling lots must not be included in an application for record plat until a site plan is approved for those portions of the proposed development.
(Legislative History: Ord. No. 8-67, §§ 1--3; Ord. No. 10-10, §§ 3, 4; Ord. No. 10-13, § 6; Ord. No. 10-53, § 7; Ord. No. 11-34, § 2; Ord. No. 11-38, § 2; Ord. No. 11-39, § 2; Ord. No. 11-61, § 3; Ord. No. 11-62, § 4; Ord. No. 11-90, § 1; Ord. No. 12-1, § 1; Ord. No. 13-35, § 1; Ord. No. 13-112, § 1; Ord. No. 14-36, § 1; Ord. No. 14-49, § 1; Ord. No. 15-02, § 1; Ord. No. 15-37, § 1; Ord. No. 15-38, §1; Ord. No. 15- 75, § 1; Ord. No. 17-28, § 3.)
Editor's note-Section 59-C-1.6 [formerly § 59-44] is quoted in part in Kanfer v. Montgomery County Council 35 Md.App. 715, 373 A.2d 5 (1977). Section 59-C-1.6 [formerly §§ 111-9 and 111-10] is cited and interpreted in St. Luke’s House, Inc. v. Digiulian, 274 Md. 317, 336 A.2d 781 (1975), and is cited in Cohen v. Willett, 269 Md. 194, 304 A.2d 824 (1973). Section 59-C-1.6 [formerly §§ 59-41 and 59-42] is cited in Logan v. Town of Somerset, 271 Md. 42, 314 A.2d 436 (1974). Section 59-C-1.6 [formerly § 111-12] is quoted in F & B Development Corporation v. County Council for Montgomery County, 22 Md.App. 488, 323 A.2d 659 (1974) and Wahler v. Montgomery County Council, 249 Md. 62, 238 A.2d 266 (1968); is cited and described in O. F. Smith Brothers Development Corporation v. Montgomery County, 246 Md. 1, 277 A.2d 1 (1967); and is cited in Malasky v. Montgomery County Council, 258 Md. 612, 267 A.2d 182 (1970) and Bayer v. Siskind, 247 Md. 116,, 230 A.2d 316 (1967). Section 59-C-1.6 [formerly § 111-7(a)] is cited in Montgomery County Council v. Kacur, 253 Md. 220, 252 A.2d 832 (1969).