The County Commissioners intend to implement the County's housing policies set forth in the Comprehensive Plan by establishing the following moderately priced dwelling requirements.
This article will become fully applicable upon the Commissioners' adoption of the Moderately Priced Dwelling Unit (MPDU) Program and Regulations, as a separate part of the County Code. Prior to such adoption, the Charles County Commissioners may approve MPDUs, as provided in this article, with the density bonuses in § 297-243, as based on an agreement with an applicant. This interim process shall automatically be revoked upon adoption by the Commissioners of a Moderately Priced Dwelling Unit Program and Regulations as part of the County Code.
When an applicant, as defined in the MPDU Program, proposes a development at one location in the AC, RC, RR or RV Zones, the required number of moderately priced dwelling units is a minimum of 12% of the total number of dwelling units at that location. If the property is located in the RL, RM, RH, PRD, MX, CER, CRR, CMR, WC or AUC Zones, the required number of MPDUs is a minimum of 15% of the total number of units.
[Amended 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
The application for site plan or preliminary plan of subdivision must include the number, type, location and plan for staging construction of all dwelling units and such other information as may be required by the Department of Planning and Growth Management to determine the applicant's compliance with this section.
A required Master Plan or general development plan for a proposed development must contain the number of MPDUs that will be constructed and how the MPDUs are distributed and integrated throughout the development.
Prior to final subdivision or site plan approval for the development of 50 or more residential dwellings in one location as set forth in the MPDU Program, an applicant must submit to the Zoning Officer a written MPDU agreement approved by the Deputy County Administrator for Community Services and by the County Attorney that provides the required number of moderately priced dwelling units.
The staging plan for all dwelling units under the approved development plan must be so arranged that MPDUs will be built along with or before any other dwelling units.
If an applicant does not build the MPDUs contained in the staging plan along with or before other dwelling units, the Zoning Officer may withhold any later zoning permits to that applicant until the MPDUs contained in the staging plan are built.
Certified copies of the covenants reflecting the restrictions or elements of the MPDU agreement between an applicant and the County, which are required to be filed in the land records, shall be presented to the Zoning Officer prior to the approval of a final site plan or subdivision plat, or else such site plan or subdivision plat submittal shall be determined to be incomplete, and no further processing will be undertaken.
When the development at one location is in a residential zone in which a density bonus is provided and is covered by a plan of subdivision, is covered by a plan of development or a site plan or requires a building permit to be issued for construction, the required number of moderately priced dwelling units is a variable percentage that is not less than 12.5% of the total number of dwelling units at that location. With the exceptions contained in the MPDU Program regulations, the required number of MPDUs must vary according to the amount by which the approved development exceeds the base density for the zone in which it is located. Article V, § 297-75, permits bonus densities over the base density where MPDUs are provided. The amount of density bonus achieved in the approved development determines the percentage of total units that must be MPDUs, as follows:
The amount of the density bonus achieved shall be added to any other density bonuses achieved through other provisions of this chapter.