Sec. 25A-5A. Alternative payment agreement.

Applicant means any person, firm, partnership, association, joint venture, business entity, or any other entity or combination of entities, and any transferee of all or part of the land at one location.

Area median income means the median household income for the Washington, DC metropolitan area as estimated by the U.S. Department of Housing and Urban Development.

At one location means all adjacent land of the applicant if:

(1) The property lines are contiguous or nearly contiguous at any point; or

(2) The property lines are separated only by a public or private street, road, highway or utility right-of-way, or other public or private right-of-way at any point; or

(3) The property lines are separated only by other land of the applicant which is not subject to this Chapter at the time of any permit, site plan, development or subdivision application by the applicant.

Available for building development means all land:

(1) Owned by, or under contract to, the applicant;

(2) Zoned for any type of residential development to which an optional density bonus provision applies;

(3) Which will use public water and sewerage; and

(4) Which is already subdivided or is ready to be subdivided for construction or development.

Closing costs means statutory charges for transferring title, fees for obtaining necessary financing, title examination fees, title insurance premiums, house location survey charges and fees for preparation of loan documents and deed of conveyance.

Commission means the Housing Opportunities Commission of Montgomery County.

Consumer Price Index means the latest published version of the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any similar index selected by the County Executive.

Control period means the time an MPDU is subject to either resale price controls and owner occupancy requirements or maximum rental limits, as provided in Sections 25A-8 and 25A-9. The control period is 30 years for sale MPDUs and 99 years for rental MPDUs, and begins on the date of original sale or rental. If a sale MPDU is sold within 30 years after its original sale, and if (in the case of a sale MPDU that is not bought and resold by a government agency) the MPDU was originally offered for sale after March 1, 2002, the MPDU must be treated as a new sale MPDU and a new control period must begin on the date of the sale.

Date of original sale means the date of settlement for purchase of an MPDU.

Date of original rental means the date that MPDU rental covenants are recorded on the property.

Department means the Department of Housing and Community Affairs.

Designated agency means a non-governmental housing development agency or nonprofit business entity designated by the County Executive as eligible to purchase or lease MPDUs under Section 25A-8, following standards established in Executive regulation.

Director, except as otherwise indicated, means the head of the Department of Housing and Community Affairs, or the Director’s designee.

Dwelling unit means a building or part of a building that provides complete living facilities for one household, including at a minimum, facilities for cooking, sanitation and sleeping.

Eligible household means a household whose income qualifies the household to participate in the MPDU program, and who is eligible to buy or rent an MPDU during the priority marketing period.

Housing Initiative Fund means a fund established by the County Executive to achieve the purposes of Section 25B-9.

Low income means levels of income within the income range for “very-low income families” established from time to time by the U.S. Department of Housing and Urban Development for the Washington metropolitan area, under federal law, or as defined by executive regulations.

Moderate income means those levels of income, established in executive regulations, which prohibit or severely limit the financial ability of households to buy or rent housing in Montgomery County. Moderate income levels must not exceed the “low income” limits set by the U.S. Department of Housing and Urban Development to determine eligibility for assisted housing programs.

Moderately priced dwelling unit or MPDU means a dwelling unit which is:

(1) offered for sale or rent to eligible households through the Department, and sold or rented under this Chapter; or

(2) sold or rented under a government program designed to assist the construction or occupancy of housing for households of low or moderate income, and designated by the Director as an MPDU. When such a dwelling unit is designated as an MPDU, the income limits and other requirements of that particular housing program must apply during the compliance period for that program rather than the requirements set forth herein. If the compliance period for that program is shorter than the MPDU control period, the MPDU requirements must apply for the balance of the MPDU control period, unless the Director determines that the affordability term of the other program is equivalent to the MPDU requirement.

Multi-family dwelling unit means a dwelling unit in an apartment, condominium, or mixed-use building type.

Optional density bonus provision means any increase in density under Chapter 59, in a zoning classification that allows residential development, above the amount permitted in the base or standard method of development, whether by exercise of the optional provisions of Chapter 59 or by any special exception or conditional use.

Planning Area means one of 37 subareas of the County defined in the earliest planning documents by the Maryland-National Capital Park and Planning Commission and whose boundaries have not changed over time.

Planning Board means the Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission.

Priority marketing period is the period an MPDU must be offered exclusively for sale or rent to eligible households, as provided in Section 25A-8.

Single-family dwelling unit means a single-family detached dwelling unit or single-family attached dwelling unit, such as a townhouse or duplex. (1974 L.M.C., ch. 17, § 1; 1976 L.M.C., ch. 12, § 1; 1976 L.M.C., ch. 35, § 2; 1978 L.M.C., ch. 31, § 1; 1979 L.M.C., ch. 21, § 2; 1980 L.M.C., ch. 63, § 1; 1982 L.M.C., ch. 6, § 11; 1984 L.M.C., ch. 24, § 28; 1984 L.M.C., ch. 27, § 19; 1989 L.M.C., ch. 27, § 1; 1994 L.M.C., ch. 29; 1996 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14 , § 1; 2001 L.M.C., ch. 25, § 1; 2002 L.M.C., ch. 16, § 2; 2002 L.M.C., ch. 27, § 1; 2004 L.M.C., ch. 29, § 1; 2016 L.M.C., ch. 8 , § 1; 2018 L.M.C., ch. 3, §1; 2018 L.M.C., ch. 20 , §1; 2019 L.M.C., ch. 23, §1.)

2002 L.M.C., ch. 27, § 2, states: Applicability. The requirements of Chapter 25A, as amended by Section 1 of this Act, do not apply to any subdivision with more than 34 but fewer than 50 units at one location if the applicant applied for a preliminary plan of subdivision before this Act took effect [January 9, 2003], unless the applicant agrees that the requirements of Chapter 25A as amended should apply to that subdivision.

Sec. 25A-4. Household income and eligibility standards.

(a) The County Executive must set and annually revise standards of eligibility for the MPDU program by regulation. These standards must specify moderate-income levels for varying sizes of households which will qualify a person or household to buy or rent an MPDU. The Executive must set different income eligibility standards for buyers and renters. The Executive may set different income eligibility standards for buyers and renters of higher-cost or age-restricted MPDUs, as defined by regulation.

(b) In establishing standards of eligibility and moderate-income levels, the Executive must consider:

(1) income levels relative to area median income; and

(2) household size and number of dependents.

(c) A household that rents an MPDU and lawfully occupies it when the MPDU is offered for sale may buy the MPDU, regardless of the household’s income at the time of sale, if the household met all eligibility standards when the household first rented the MPDU.

(d) A household that rents an MPDU after meeting all eligibility standards may continue to occupy the MPDU for the term of the lease even if the household ceases to meet the income eligibility standards.

(e) A household that buys an MPDU after meeting all eligibility standards may retain ownership of the MPDU even if the household ceases to meet income eligibility standards during the time that the household owns the MPDU.

(f) To be eligible to buy or rent an MPDU other than an age-restricted unit, members of a household must not have owned any residential property during the previous five years. The Director may waive this restriction for good cause. (1989 L.M.C., ch. 27, § 1; 1994 L.M.C., ch. 29; 2004 L.M.C., ch. 29, § 1; 2005 L.M.C., ch. 4, § 1; 2018 L.M.C., ch. 20, § 1.)

Sec. 25A-5. Requirement to build MPDUs; payment to Housing Initiative Fund; agreements.

(a) The requirements of this Chapter to provide MPDUs apply to any applicant who:

(1) submits for approval or extension of approval a preliminary plan of subdivision under Chapter 50 which proposes the development of a total of 20 or more dwelling units at one location in one or more subdivisions, parts of subdivisions, resubdivisions, or stages of development, regardless of whether any part of the land has been transferred to another party;

(2) submits to the Planning Board or to the Director of Permitting Services a plan of housing development for any type of site review or development approval required by law, which proposes construction or development of 20 or more dwelling units at one location;

(3) submits to the Planning Board or to the Director of Permitting Services a plan to convert an existing property from non-residential use to residential use for any type of site review or development approval required by law, which results in the development of 20 or more dwelling units at one location; or

(4) with respect to land in a zone not subject to subdivision approval or site plan review, applies for a building permit to construct a total of 20 or more dwelling units at one location, including a conversion from non-residential to residential use.

(b) An applicant for an approval or permit identified in subsection (a) who proposes development of between 11 and 19 dwelling units is not required to provide MPDUs, but must make a payment to the Housing Initiative Fund, as provided by regulation.

(c) In calculating whether a development contains a total of 20 or more dwelling units for the purposes of this Chapter, the development includes all land at one location in the County available for building development under common ownership or control by an applicant, including land owned or controlled by separate business entities in which any stockholder or family of the stockholder owns 10 percent or more of the stock. An applicant must not avoid this Chapter by submitting piecemeal applications or approval requests for subdivision plats, site or development plans, floating zone plans, or building permits. Any applicant may apply for a preliminary plan of subdivision, site or development plan, floating zone plan, record plat, or building permit for fewer than 20 dwelling units at any time; but the applicant must agree in writing that the applicant will comply with this Chapter when the total number of dwelling units at one location reaches 20 or more.

(d) The minimum number of MPDUs required under this Chapter, as a percentage of the total number of dwelling units at that location, not counting any workforce housing units built under Chapter 25B, is:

(1) for development in a Planning Area designated by the Planning Board in which at least 45 percent of the United States Census Tracts have a median household income of at least 150 percent of the County-wide median household income, at the time the Planning Board accepts as complete the applicant’s application or plan under subsection (a), 15 percent; or

(2) for any other development subject to this Chapter, 12.5 percent. The Planning Board must update the Planning Area designations under this subsection at least annually.

(e) Any applicant subject to subsection (a), in order to obtain a building permit, must submit to the Department of Permitting Services a written MPDU agreement approved by the Director and the County Attorney. Each agreement must require that:

(1) a specific number of MPDUs must be constructed on an approved time schedule;

(2) in subdivisions with single-family dwelling units, each MPDU must have three or more bedrooms, unless this requirement is waived by the Director in a subdivision with only two-bedroom market rate units;

(3) in subdivisions with multi-family dwelling units, the bedroom mix of the MPDUs must match the bedroom mix of the market-rate units in the subdivision unless the Director approves an MPDU agreement that does not increase the number of MPDUs required, but approximates the total floor area for the MPDUs required, and alters the bedroom mix of the MPDUs or the number of MPDUs; and

(4) in subdivisions with both single-family and multi-family dwelling units, the ratio of single-family MPDUs to total MPDUs must not be less than the ratio of market-rate single-family units to total market-rate units in the subdivision, unless the Director finds that:

(A) offering more multi-family MPDUs in that subdivision would advance the purpose of the County housing policy and the objectives of any applicable land use plan, be consistent with local housing market conditions, and avoid excessive mandatory condominium or homeowners’ association fees or other costs that would reduce the affordability of sale MPDUs; and

(B) if rental MPDUs are proposed, the applicant has demonstrated that it is qualified to manage rental housing.

(f) When a development of 20 units or more at one location is in a zone where a density bonus is allowed under Chapter 59; and

(1) is covered by a plan of subdivision;

(2) is covered by a plan of development, site plan, or floating zone plan; or

(3) requires a building permit to be issued for construction,

the required number or residential floor area of MPDUs is a variable percentage that is not less than a base requirement of 12.5 percent or the higher base requirement under subsection (d), of the total number of dwelling units or residential floor area at that location, not counting any workforce housing units built under Chapter 25B. The Council may establish a higher base requirement, up to 15 percent of the total number of dwelling units or residential floor area at a location, as part of a master plan approval. The required number or residential floor area of MPDUs must vary according to the amount by which the approved development exceeds the normal or standard density for the zone in which it is located. Chapter 59 may permit bonus densities over the presumed base density where MPDUs are provided.

(g) The Director may determine whether an MPDU requirement may be satisfied by an alternative payment or location agreement, and may approve an MPDU agreement that:

(1) allows an applicant to reduce the number of MPDUs in a subdivision only if the agreement meets all requirements of Section 25A-5A for an alternative payment agreement; or

(2) allows an applicant to build the MPDUs at another location only if the agreement meets all requirements of Section 25A-5B for an alternative location agreement.

(h) (1) An applicant may satisfy this Section by obtaining approval from the Director to transfer land to the County before applying for a building permit.

(2) The Director may only approve a transfer of land under this subsection after making a written determination that the value of the land transferred is at least equal to the value of the MPDUs not constructed by the applicant.

(3) The Executive must establish procedures for transferring land under this subsection by method (1) regulation.

(4) When land is transferred to the County under this Section:

(A) the land must be used to produce or preserve MPDUs; or

(B) if sold, proceeds from the sale must be allocated to the Affordable Housing Acquisition and Preservation CIP portion of the Housing Initiative Fund; and

(i) The MPDU agreements must be signed by the applicant and all other parties whose signatures are required by law for the effective and binding execution of contracts conveying real property. If the applicant is a business entity, the agreements must be signed by the authorized signatories of the business entity individually and on behalf of the business entity. Partnerships, associations or business entities must not evade this Chapter through voluntary dissolution. The agreements may be assigned if the County approves, and if the assignees agree to fulfill the requirements of this Chapter.

(j) The Department of Permitting Services must not issue a building permit in any subdivision or housing development in which MPDUs are required until the applicant submits a valid MPDU agreement which applies to the entire preliminary plan or site plan, unless the property within the preliminary plan or site plan has multiple owners, in which case the development may have more than one MPDU agreement. The applicant must also file with the first application for a building permit a statement of all land the applicant owns in the County that is available for building development. In later applications, the applicant need only show additions and deletions to the original landholdings available for building development.

(k) The MPDU agreement must include the number, type, location, and plan for staging construction of all dwelling units and such other information as the Department requires to determine the applicant’s compliance with this Chapter. MPDUs must be reasonably dispersed throughout the development, and the MPDU staging plan must be consistent with any applicable land use plan, subdivision plan, or site plan. The staging plan included in the MPDU agreement for all dwelling units must be sequenced so that:

(1) MPDUs are built along with or before other dwelling units;

(2) no or few market rate dwelling units are built before any MPDUs are built;

(3) the pace of MPDU production must reasonably coincide with the construction of market rate units; and

(4) the last building built must not contain only MPDUs.

This subsection applies to all developments, including any development covered by multiple preliminary plans of subdivision.

(l) The MPDU agreement must provide for any requirement of age-restricted MPDUs to be offered for sale to be satisfied by a payment to the Housing Initiative Fund under Section 25A-5A(b).

(m) If an applicant does not build the MPDUs contained in the staging plan along with or before other dwelling units, the Director of Permitting Services must withhold any later building permit to that applicant until the MPDUs contained in the staging plan are built.

(n) The applicant must execute and provide to the Department in recordable form, covenants assuring that:

(1) The restrictions of this Chapter run with the land for the entire period of control;

(2) The County may create a lien to collect:

(A) that portion of the sale price of an MPDU which exceeds the approved resale price; and

(B) that portion of the foreclosure sale price of an MPDU which exceeds the approved resale price; and

(3) The covenants will bind the applicant, any assignee, mortgagee, or buyer, and all other parties that receive title to the property. These covenants must be senior to all instruments securing permanent financing.

(o) An applicant must not establish a condominium or homeowners’ association consisting solely of MPDUs.

(p) (1) In any purchase and sale agreement and any deed or instrument conveying title to an MPDU, the grantor must clearly and conspicuously state, and the grantee must clearly and conspicuously acknowledge, that:

(A) the conveyed property is an MPDU and is subject to the restrictions contained in the covenants required under this Chapter during the control period until the restrictions are released; and

(B) any MPDU owner, other than an applicant, must not sell the MPDU until:

(i) the owner has notified the Department under Section 25A-8 or 25A-9, as applicable, that the MPDU is for sale;

(ii) the Department and, where applicable, the Commission, have notified the owner that they do not intend to buy the MPDU; and

(iii) The Department has notified the owner of the MPDU’s maximum resale price.

(2) Any deed or other instrument conveying title to an MPDU during the control period must be signed by both the grantor and grantee.

(3) When a deed or other instrument conveying title to an MPDU is recorded in the land records, the grantor must cause to be filed in the land records a notice of sale for the benefit of the County in the form provided by state law.

(q) Nothing in this Chapter prohibits an applicant from voluntarily building MPDUs, as calculated under subsection (f), in a development with fewer than 20 dwelling units at one location, and in so doing from qualifying for an optional method of development under Chapter 59. A development with fewer than 20 dwelling units where an applicant voluntarily builds MPDUs must comply with any procedures and development standards that apply to a larger development under this Chapter and Chapter 59. Sections 25A-5A and 25A-5B do not apply to an applicant who voluntarily builds MPDUs under this subsection and in so doing qualifies for an optional method of development.

(r) Upon request by the applicant, the Director may provide an applicant and the Planning Board with a letter indicating the Director’s preliminary agreement on how the applicant will meet its MPDU requirements, including:

(1) the conditions of the agreement; and

(2) the time period that the agreement is valid. (1974 L.M.C., ch. 17, § 1; 1974 L.M.C., ch. 40, § 1; 1976 L.M.C., ch. 34, § 1; 1976 L.M.C., ch. 35, § 3; 1978 L.M.C., ch. 31, § 2; 1979 L.M.C., ch. 21, § 3; 1982 L.M.C., ch. 6, § 1; 1989 L.M.C., ch. 27, § 1; 1994 L.M.C., ch. 29; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2001 L.M.C., ch. 8, § 1; 2002 L.M.C., ch. 2, § 1; 2002 L.M.C., ch. 16, § 2; 2002 L.M.C., ch. 27, § 1; 2003 L.M.C., ch. 1, § 1; 2004 L.M.C., ch. 29, § 1; 2005 L.M.C., ch. 4, § 1; 2006 L.M.C., ch. 23, § 2; 2010 L.M.C., ch. 11, § 1; 2016 L.M.C., ch. 8, § 1; 2018 L.M.C., ch. 20, § 1; 2018 L.M.C., ch. 21, §1; 2019 L.M.C., ch. 23, §1.)

Editor’s note—2018 L.M.C., ch. 21, § 2, states: Effective Date.

(a) This Act takes effect on October 31, 2018, and except for an applicant who has submitted a sketch plan that the Planning Board has accepted as complete before October 31, 2018, applies to any submission or application under Section 25A-5(a) accepted as complete on or after that date.

(b) Unless an applicant elects to be reviewed under the standards and procedures of Chapter 25A in effect on or after October 31, 2018, any such application accepted as complete or approved before October 31, 2018 and any sketch plan accepted as complete before October 31, 2018, must be approved or amended in a manner that satisfies Chapter 25A as it existed on October 30, 2018. The approval of any of these applications, or amendments to these applications, will allow the applicant to proceed through any other required application or step in the process within the time allowed by law or plan approval, under the standards and procedures of Chapter 25A in effect on October 30, 2018.

2018 L.M.C., ch. 20, § 2, states: Regulations. The County Executive must submit the regulations required by Sections 25A-5, 25A-7, 25A-8, and 25A-9, as amended by this Act, to the Council for approval not later than October 15, 2018.

2018 L.M.C., ch. 20, § 3, states: Effective Date.

(b) Unless an applicant elects to be reviewed under the standards and procedures of Chapter 25A in effect on or after October 31, 2018, any such application accepted as complete or approved before October 31, 2018, and any sketch plan accepted as complete before October 31, 2018, must be approved or amended in a manner that satisfies Chapter 25A as it existed on October 30, 2018. The approval of any of these applications, or amendments to these applications, will allow the applicant to proceed through any other required application or step in the process within the time allowed by law or plan approval, under the standards and procedures of Chapter 25A in effect on October 30, 2018.

2006 L.M.C., ch. 23, § 3, amended by 2010 L.M.C., ch. 11, § 3, states: Effective date; Applicability; Expiration.

(a) This Act takes effect on December 1, 2006. The County Executive must submit all regulations necessary to implement Article V of Chapter 25B, inserted by Section 1 of this Act, to the Council by October 11, 2006.

(b) Article V of Chapter 25B, as inserted by Section 1 of this Act, does not apply to any development for which an application for a local map amendment, development plan, project plan, site plan, or preliminary plan of subdivision was filed before December 1, 2006, unless the applicant voluntarily includes workforce housing units in that development.

2004 L.M.C., ch. 29, § 2, states in part: “The amendments to Chapter 25A made by Section 1 of this Act which extend the control period for sale and rental MPDUs do not apply to any MPDU for which a sale contract or rental agreement was signed before April 1, 2005. The amendments to Section 25A-5 made by Section 1 of this Act which reduced the minimum size of a development where MPDUs must be located do not apply to any development for which a preliminary plan of subdivision was approved before April 1, 2005.”

Section 25A-5, formerly § 25A-4, was renumbered and amended pursuant to 1989 L.M.C., ch. 27, § 1.

The requirement of providing for moderately priced dwelling units contained in § 25A-5 is mentioned in connection with Montgomery County's growth policy in P. J. Tierney, Maryland's Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987) at pp. 236, 237.

Sec. 25A-5A. Alternative payment agreement.

(a) The Director may approve an MPDU agreement that allows an applicant, instead of building some or all of the required for-sale MPDUs in a proposed subdivision or conversion of existing property from non-residential use to residential use, to pay to the Housing Initiative Fund an amount computed under subsection (b) upon a finding that:

(1) either:

(A) an indivisible package of services and facilities available to all residents of the proposed subdivision would cost MPDU buyers so much that it is likely to make the MPDUs effectively unaffordable by eligible buyers;

(B) regulatory development constraints at a particular site would render the building of approved density and all required MPDUs at that site infeasible; or

(C) the public benefit of providing affordable housing throughout the County outweighs the value of locating MPDUs in each subdivision throughout the County; and

(2) accepting the payment will further the objective of providing a broad range of housing opportunities throughout the County.

(b) A payment under this section in full satisfaction of MPDU requirements must be three percent of the sale price of each market rate unit in the development. A payment made in partial satisfaction of MPDU requirements must be adjusted based on the percentage of required MPDUs provided.

(1) must not be used to reduce the annual County payment to the Fund;

(2) must be deposited in to the Affordable Housing Acquisition and Preservation CIP project; and

(3) must be used only to buy, build, or preserve more MPDUs, or more bedrooms in the same number or fewer MPDUs, in the same Planning Area as the development for which the payment was made unless:

(A) the payment is used in a Planning Area designated by the Planning Board in which at least 45% of the United States Census Tracts have a median household income of at least 150% of the County-wide median household income; or

(B) the Director first provides the Council with:

(i) notice of the intent to use the payment in a different Planning Area that does not meet the requirement in subparagraph (A);

(ii) good cause for the use of the payment in the different Planning Area; and

(iii) at least 30 days to comment.

(d) The Director must notify the Council in writing within ten days of approving an alternative payment agreement under this Section. ( 2004 L.M.C., ch. 29, § 1; 2005 L.M.C., ch. 4, § 1; 2018 L.M.C., ch. 20, §1; 2019 L.M.C., ch. 23, §1.)

Editor's note—2004 L.M.C., ch. 29, § 2, states in part: "The amendments to Chapter 25A made by Section 1 of this Act which extend the control period for sale and rental MPDUs do not apply to any MPDU for which a sale contract or rental agreement was signed before April 1, 2005." 2004 L.M.C., ch. 29, § 3, states: "Executive proposal. By April 1, 2006, the County Executive, after consulting the Planning Board and Housing Opportunities Commission, must propose to the Council legislation or a regulation to limit alternative payment agreements under Section 25A-5A, inserted by Section 1 of this Act, to: (a) senior citizens and special needs housing with unaffordable services and facilities; and (b) environmental constraints that would render the building of required MPDUs at a site economically infeasible."

Sec. 25A-5B. Alternative location agreement.

(a) The Director may approve an MPDU agreement that allows an applicant for development of a high-rise residential building, instead of building some or all of the required number of MPDUs on-site, to provide MPDUs at another location, only if the Director finds that:

(1) the public benefit of locating MPDUs at the proposed alternative location outweighs the value of locating MPDUs in each subdivision throughout the County;

(2) building the MPDUs at the proposed alternative location will further the objective of providing a broad range of housing opportunities throughout the County; and

(3) the alternative location agreement will increase:

(A) the number of MPDUs; or

(B) the number of bedrooms in the same number or fewer MPDUs, provided as a result of the development.

(b) The alternative location must be in the same Planning Area unless:

(1) the alternative location is in a Planning Area designated by the Planning Board in which at least 45% of the United States Census Tracts have a median household income of at least 150% of the County-wide median household income; or

(2) the Director first provides the Council with:

(A) notice of the intended alternative location in a different Planning Area that does not meet the requirement in paragraph (b);

(B) good cause for the alternative location in the different Planning Area; and

(1) build, or convert from non-residential use, the required number or percentage of residential floor area of new MPDUs at a site approved by the Director;

(2) buy, encumber, or transfer, and rehabilitate as necessary, existing market rate housing units that meet all standards for use as MPDUs; or

(3) return to MPDU use, and rehabilitate as necessary, existing MPDUs for which price or rent controls have expired.

(d) Each agreement under this Section must include a schedule, binding on the applicant, for timely completion or acquisition of the required number of MPDUs.

(e) The Director must notify the Council in writing within ten days of approving an alternative location agreement under this Section. (2004 L.M.C., ch. 29, § 1; 2018 L.M.C., ch. 20, § 1.)

Sec. 25A-6. Optional zoning provisions.

The County Council, sitting as a District Council for the Maryland-Washington Regional District within the County, to assist in providing moderately priced housing has enacted zoning standards in Chapter 59, establishing in certain zones optional density bonus provisions which increase the allowable residential density above the maximum base density of the zoning classification and permit alternative dwelling unit types other than those allowed under the standard method of development. Land upon which the applicant must build MPDUs may, at the applicant’s election, be subject to optional zoning provisions. If the applicant elects the optional density provisions, permitting the construction of an increased number of dwelling units or increased percentage of residential floor area, the MPDU requirement must apply to the total number of dwelling units or percentage of residential floor area as increased by application of the optional density provisions or by the approval of a special exception that increases the density above the otherwise permitted density of the zoning classification in which the property is situated. (1974 L.M.C., ch. 17, § 1; 1976 L.M.C., ch. 35, § 4; 1978 L.M.C., ch. 31, § 4; 1979 L.M.C., ch. 21, § 4; 1980 L.M.C., ch. 28, § 1; 1982 L.M.C., ch. 6, § 1; 1989 L.M.C., ch. 27, § 1; 1996 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2018 L.M.C., ch. 20, § 1.)

Editor's note—Section 25A-6, formerly § 25A-5, was renumbered and amended pursuant to 1989 L.M.C., ch. 27, § 1.

Sec. 25A-7. Maximum prices and rents.

MPDUs must not be sold or rented at prices or rents that exceed the maximum prices or rents established under this Section.

(a) Sales.

(1) The sale price of any MPDU, including closing costs and brokerage fees, must not exceed an applicable maximum sale price established from time to time by the County Executive in regulations adopted under method (1).

(2) The regulations adopted to implement this Section must allow the Director to:

(A) restrict those conditions of the design, construction, pricing, or amenity package of an MPDU project that will impose excessive mandatory homeowner or condominium fees or other costs that reduce the affordability of the MPDUs; and

(B) approve an increase of up to 10 percent over the base sale price of an MPDU upon a finding that the increase is justified to cover the cost of a modification of the external design of the MPDU necessary to reduce excessive marketing impact of the MPDU on the market rate units in the subdivision.

(b) Rents. The rent, including surface parking but excluding utilities when they are paid by the tenant, for any MPDU must not exceed a maximum rent for the MPDU set by Executive regulations. Different rents must be set for MPDUs when utility costs are paid by the owner and included in the rent. Different rents may be set for age-restricted MPDUs. Different rents also may be set for high-rise rental MPDUs. (1989 L.M.C., ch. 27, § 1; 2004 L.M.C., ch. 29, § 1; 2005 L.M.C., ch. 4, § 1; 2018 L.M.C., ch. 20, § 1.)

Editor’s note—2018 L.M.C., ch. 20, § 2, states: Regulations. The County Executive must submit the regulations required by Sections 25A-5, 25A-7, 25A-8, and 25A-9, as amended by this Act, to the Council for approval not later than October 15, 2018.

2004 L.M.C., ch. 29, § 2, states in part: "The amendments to Chapter 25A made by Section 1 of this Act which extend the control period for sale and rental MPDUs do not apply to any MPDU for which a sale contract or rental agreement was signed before April 1, 2005."

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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