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(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
(C) at least 30 days to comment.
(c) To satisfy the requirements of this Section, an applicant may:
(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.
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."