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.
A.
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]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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:
|
Achieved Density Bonus
|
MPDUs Required
| |
|---|---|---|
|
Zero
|
12.5%
| |
|
Up to 1%
|
12.6%
| |
|
Up to 2%
|
12.7%
| |
|
Up to 3%
|
12.8%
| |
|
Up to 4%
|
12.9%
| |
|
Up to 5%
|
13.0%
| |
|
Up to 6%
|
13.1%
| |
|
Up to 7%
|
13.2%
| |
|
Up to 8%
|
13.3%
| |
|
Up to 9%
|
13.4%
| |
|
Up to 10%
|
13.5%
| |
|
Up to 11%
|
13.6%
| |
|
Up to 12%
|
13.7%
| |
|
Up to 13%
|
13.8%
| |
|
Up to 14%
|
13.9%
| |
|
Up to 15%
|
14.0%
| |
|
Up to 16%
|
14.1%
| |
|
Up to 17%
|
14.2%
| |
|
Up to 18%
|
14.3%
| |
|
Up to 19%
|
14.4%
| |
|
Up to 20%
|
14.5%
| |
|
Up to 22%
|
15.0%
| |
|
Up to 100%
|
75.0% (with approval of project and density bonus by County
Commissioners)
|
B.
The amount of the density bonus achieved shall be added to any other
density bonuses achieved through other provisions of this chapter.
