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59-C-9.581. Purpose.
The purpose of this zone is as described in 59-C-9.571 for the Rural Neighborhood Cluster zone.
59-C-9.582. Rural open space.
Rural open space is land that is managed or unmanaged as described in 59-C-9.572 for the Rural Neighborhood Cluster Zone.
59-C-9.583. Standard method of development.
Development under the standard method must comply with 59-C-9.573 of the Rural Neighborhood Cluster Zone.
59-C-9.584. Optional method of development using transferable development rights.
59-C-9.584.1. Applicability. The following procedure and regulations apply to the transfer of development rights from land classified in the Rural Density Transfer (RDT) Zone to land classified in the RNC/TDR Zone. A subdivision approved for development under the optional method must not exceed the maximum density permitted in the RNC/TDR Zone and must conform to the guidelines contained in the applicable master plan. Any increase in density above the density applicable to the standard method of development must be based on a ratio of one single-family dwelling unit for each transferable development right (TDR).
59-C-9.584.2. 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 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, except as required to provide MPDU’s.
(d) A property developed with the transfer of development rights must 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 59-C-9.574 must be calculated after the base density of a property has been increased by a transfer of development rights. The density increase provided by 59-C-9.574 may be made without the acquisition of additional development rights. The density of development, including the provision of MPDU’s must not exceed 1.22 dwelling units per gross acre.
59-C-9.584.3. Approval Procedures Under the Optional Method of Development.
(a) Standards for approval under the Optional Method are as provided in 59- C-9.574 for the Rural Neighborhood Cluster Zone. These standards include the minimum area of development, the standards for diversity of lot sizes and house sizes, development standards, common open space requirements, standards for the use of private streets, sewage treatment requirements, and rural open space guidelines.
(b) 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.
(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 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 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 in 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 the conveyance required by 59- C-9.584.2(b).
59-C-9.584.4. Reserved.
59-C-9.584.5. Reserved.
59-C-9.584.6. Off-street parking. Parking must be provided in accordance with the provisions of 59-C-9.75 for the Rural Neighborhood Cluster zone.
(Legislative History: Ord. No. 10-69, § 5; Ord. No. 11-70, § 3; Ord. No. 13-13, § 1; Ord. No. 13-45, § 1; Ord. No. 13-94, § 1; Ord. No. 15-31, §1; Ord. No. 15-38, § 2; Ord. No. 15-69, § 1; Ord. No. 15-73, § 1; Ord. No. 17-26, § 1.)