59-C-2.44. Special regulations for optional method development using transferable development rights.

      59-C-2.441. Applicability. The following procedures and regulations apply to the transfer of development rights from land classified in the rural density transfer zone (RDT) to land classified in the transferable development rights (TDR) zones.  The Planning Board may approve subdivision of such land at densities not to exceed the maximum density permitted in the applicable TDR zone and conforming to the guidelines contained in the applicable master or sector plan approved by the district council.  Any increase in density above the density applicable to the standard method of development must be based on a ratio of two multi-family dwelling units for each transferable development right (TDR), except within a designated Metro station policy area, where a ratio of three multi-family dwelling units for each TDR and two one-family detached units for each TDR applies.

      59-C-2.442. General provisions.

      (a)   A development right must 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 must 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 must 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-2.432) nor beyond the density or number of dwelling units recommended for such property by the land use plan of the applicable master or sector plan approved by the district council.

      (d)   A property developed with development rights must include Moderately Priced Dwelling Units (MPDUs) under Chapter 25A and may include workforce housing units under Section 59-A-6.18 and Chapter 25B.  The number of MPDUs and any resulting bonus density must be calculated after the base density of a property has been increased by a transfer of development rights.  The MPDU density bonus does not require the acquisition of additional development rights.

      59-C-2.443. 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 or sector 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 must 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 limitations on the density or number of dwelling units permitted in the zone and in the applicable master or sector plan approved by the district council;

         (2)   is in accordance with provisions of this chapter;

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

         (4)   is consistent with other recommendations of the master or sector 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 Planning Board approval of a final record plat for a subdivision using transferred development rights, an easement to the Montgomery County Government in the form required by subsection (a) above 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 must 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 this conveyance required by section 59-C-2.442(b).

      59-C-2.444. Development standards applicable to the optional method of development.

      (a)   Development under the TDR optional method density provisions of section 59-C-2.432(c) must conform to the development standards and permitted residential uses as indicated in section 59-C-2.445.

      (b)   The final density achieved for any property located in a TDR receiving area developed under the optional method procedures must be determined by the Planning Board at site plan and/or subdivision review and must conform to the site plan provisions (division 59-D-3 of the Zoning Ordinance) and subdivision regulations (chapter 50 of the Montgomery County Code).

      (c)   In making the determination as to the final density, the Planning Board will consider the following factors:

         (1)   provides an appropriate range of housing types;

         (2)   preserves environmentally sensitive and priority forest areas, and mitigates unavoidable impacts on the natural environment;

         (3)   facilitates good transit serviceability and creates a desirable and safe pedestrian environment;

         (4)   achieves compatibility with surrounding land uses; and

         (5)   conforms to the relevant master or sector plan approved by the district council.

      59-C-2.445. Special provisions for TDR developments. The following development standards for the development of a property under the optional method apply to the TDR density shown on the master or sector plan for that area.  Where moderately priced dwelling units are included in accordance with the requirements of chapter 25A of this Code, as amended, the MPDU development standards apply.  The increase in density must not exceed 22 percent of the TDR density.

Minimum Percentage Required1
TDR Density per Acre Shown on Master Plan	Size of Development3	One-Family Detached	One-Family Townhouse and Attached	Multiple Family2 Four-Story or Less4	Over 4-Story	Green Area (Percent of gross area)
16-30	Less than 200 units	P	P	P5	50	40
16-30	200 units or more	P	P	255	50	40
35-50	Less than 200 units	P	P	25	50	30
35-50	200 units or more	P	P	35	50	30
60-100	Less than 200 units	NP	P	P	P	30
60-100	200 units or more	NP	P	P	P	30

 

P   Permitted but not required.

( )    Maximum percentage permitted.

1   Upon a finding by the Planning Board that a proposed development is more desirable for environmental reasons or is more compatible with adjacent development than that which would result from adherence to these standards, the percentage requirements for one-family and multiple-family stated herein may be waived.

2   Permitted only where specifically recommended as type in the area master or sector plan for the receiving area.  In any instance where the minimum percentage requirement would yield a total of 150 multiple-family dwelling units or less, this requirement does not apply, and no such units will be required.  Whenever the minimum percentage would yield 151 units or more, the full number is required except in cases covered by footnote number 1.

3   Total number of dwelling units planned.

4   One-family attached may be substituted for all or part of this requirement.

5   The four-story height limit may be waived upon a finding by the Planning Board that a proposed development can achieve greater compatibility with adjacent development that would result from adherence to the standards.

(Legislative History: Ord. No. 8-54, § 5; Ord. No. 8-55, § 6; Ord. No. 8-58, § 6; Ord. No. 8-59, § 7; Ord. No. 9-40, § 1; Ord. No. 9-41, § 1; Ord. No. 9-74, § 5; Ord. No. 9-83, § 2; Ord. No. 10-6, § 3; Ord. No. 10-30, § 1; Ord. No. 10-31, § 4; Ord. No. 10-32, § 2; Ord. No. 10-53, § 10; Ord. No. 10-88, § 1; Ord. No. 11-38, § 4; Ord. No. 12-1, § 1; Ord. No. 12-71, § 2; Ord. No. 13-71, §§2 and 3; Ord. No. 13-103, § 1; Ord. No. 15-34, § 1; Ord. No. 15-77, § 3; Ord. No. 16-46, § 2.)