Queen Annes County Unincorporated
City Zoning Code
City Zoning Code
PART 6
Development Alternatives and Bonuses
§ 18:1-96 Purposes.
The purposes of this Part 6 are to:
A.
Encourage and to provide flexibility in the protection of farmland and open space in conjunction with increased development intensities within designated growth areas where public services and facilities can be more efficiently provided;
B.
Encourage the creation of larger contiguous areas of protected lands and to provide flexibility in the protection of open space and farmland in resource conservation areas of the Chesapeake Bay Critical Area; and
C.
Encourage infill development with existing urbanized and growth areas.
§ 18:1-97 Scope.
§ 18:1-98 Application and standards.
A.
Development plan. A landowner or group of landowners whose lots are in Agricultural (AG) and/or Countryside (CS) Zoning Districts, but are not contiguous, may file a development plan under Part 7 of this Chapter 18:1 in the same manner as the owner of a single lot. The decision to use the noncontiguous development technique must be made at the time of the initial major subdivision application.
[Amended 9-7-2004 by Ord. No. 04-28; 8-9-2011 by Ord. No. 11-12]
B.
Open space.
(1)
The open space ratio of the appropriate district shall apply to all land within the overall development plan, rather than separately to the developed parcel and noncontiguous parcel.
[Amended 9-7-2004 by Ord. No. 04-28]
(2)
The minimum open space ratio for the developed parcel is .50.
(3)
Net buildable area and open space.
(a)
After the date of adoption of this Chapter 18, if a landowner proposes a noncontiguous development, pursuant to this article, the net buildable area and open space on the developed parcel may be identified and set aside only in accordance with the following two-step phasing schedule:
Developed Parcel — Net Buildable Area | Developed Parcel — Open Space | |
|---|---|---|
Phase 1 | Not to exceed 0.30 | Minimum of 0.50 |
Phase 2 | Not to exceed 0.50 | Minimum of 0.50 |
(b)
The open space provided on the developed parcel during Phase 1 of the development shall be labeled "Noncontiguous Open Space Phase 1" and may be reduced and administratively reconfigured during Phase 2 of the project as necessary.
C.
Base site area. For the purpose of computing base site area, the area of the noncontiguous parcel and the developed parcel shall be combined.
D.
Density and lot line setbacks.
(1)
The developed parcel shall use a density of no more than 0.9 of a dwelling unit per acre.
(2)
For any developed parcel 50 acres in area or less, all new lots shall be located at least 100 feet from the property lines of the developed parcel as they existed prior to submittal of the development plan.
(3)
For any developed parcel greater than 50 acres in area, all new lots shall be located at least 50 feet from the property line of the developed parcel as they existed prior to submittal of the development plan.
[Added 8-2-2005 by Ord. No. 05-12[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection D(3) as D(4), which follows.
(4)
All new lots on a developed parcel shall be located at least 100 feet from the nearest public road that exists prior to submittal of the development plan.
[Amended 8-2-2005 by Ord. No. 05-12]
E.
[2]Resource protection land. Natural resources shall be protected at the required percentage on the developed parcel and noncontiguous parcels.
[Amended 9-7-2004 by Ord. No. 04-28]
F.
Noncontiguous parcel.
(1)
May be less than all of a lot of record, however, the area of the noncontiguous parcel used must be at least 40 acres in size or constitute at least 1/2 of the total area of the lot of record, whichever is less.
(2)
Meets the following soils criteria as per the 1966 Soils Survey of Queen Anne's County:
[Amended 9-7-2004 by Ord. No. 04-29[
(a)
At least 50% of the land shall classify as Class I, II or III soils; or
(b)
If the land is wooded, 50% of the land is classified as woodland Group 1 or 2; or
(c)
If there is an insufficient percentage of Class I, II or III soils alone and there is an insufficient percentage of woodland Group 1 or 2 soils alone, the land must have a combination of the classifications that meets or exceeds 60%.
(3)
Plats of the noncontiguous parcel must provide the location of all existing buildings.
(4)
Upon approval of a development plan, the noncontiguous parcel:
§ 18:1-99 Requirements for approval; covenants.
A.
Duties of property owner. In addition to any other requirements of this Chapter 18, including those relating to required improvements, guarantees and other covenants, a property owner involved in an application shall, prior to any approval of a development plan, provide covenants by which land required to remain in open space is restricted to the uses allowed in § 18:1-12 of this Chapter 18:1.
§ 18:1-99.1 Scope.
This article applies only for properties adjoining those scenic corridors that are defined in this chapter and zoned AG and the noncritical area CS District and using single-family cluster or noncontiguous development techniques. The provisions of this article provide a residential development technique that encourages protection of scenic corridors.
§ 18:1-99.2 Application and standards.
A.
Development plan. A landowner whose property adjoins a scenic corridor and is zoned AG or noncritical area CS may file a development plan in accordance with the scenic corridor development technique. The decision to use the scenic corridor development technique must be made at the time of the initial major subdivision application.
B.
Density and lot line setbacks.
(1)
Scenic setback.
(a)
If a property owner is willing to offset the property line(s) of new residential lots by at least 500 feet from the right-of-way of identified scenic corridors the following bonus will be applied:
(b)
If a property owner is willing to offset the property line(s) of new residential lots by at least 1,000 feet from the right-of-way of identified scenic corridors the following bonus will be applied:
(2)
Open space and net buildable area. If a landowner proposes the scenic corridor technique pursuant to this article, the restrictions on the percent net building area and open space may be reduced to accommodate the access through the scenic setback and bonus lots awarded in accordance with Subsection B of this section, provided that an average net buildable area per lot for the entire subdivision is no more than:
C.
Upon approval of a development plan, the land located within the area of the scenic setback:
D.
Buffer requirements: A planted tree buffer of 50 feet in width adjoining the lots fronting the scenic corridor to screen the subdivision from the public view and protect the scenic vista is required and shall be located within the deed-restricted open space. This planted buffer area can be used to satisfy open space requirements and may be used in conjunction with meeting the requirements of Chapter 18:2, Forest Conservation.
§ 18:1-100 Right of transfer.
A.
In general. A development right of a transferor parcel may be transferred and used to increase residential or nonresidential development on a receiving parcel in accordance with the provisions of this article.
B.
For approved transfer of development rights prior to the 1994 Zoning Ordinance Update refer to § 18:1-7G.
C.
Limitations.
(1)
A development right may not be used in any manner inconsistent with the provisions set forth in this subsection.
(2)
A development right may not be used to increase residential density or nonresidential floor area or impervious area within the critical area unless the development right is derived from a portion of a transferor parcel that is located within the Critical Area Resource Conservation Area (RCA).
(3)
The use of a development right may result in the reduction of natural resource protection land required under this Chapter 18:1 on the receiving parcel, provided that natural resources are protected on the combined parcels overall based on the requirements set forth in Chapter 18:1, Part 4, Article XI.
(4)
A development right may not be used to increase density for receiving parcels located within the Critical Area Resource Conservation Area beyond the density allowed within the parcel's zoning district.
(5)
TDRs used on receiving parcels within the CMPD and TC Districts must be derived from eligible transferor parcels located within the Fourth (Kent Island) Election District.
(6)
TDRs used on receiving parcels within the Stevensville Growth Area must be derived from eligible transferor parcels located within the Fourth Election District of Queen Anne's County.
D.
Intermediate transfer. Subject to the provisions of this section, a development right may be transferred to a transferee prior to the time when its use for a specific receiving parcel has been finally approved in accordance with this article.
§ 18:1-101 Effect of transfer.
A.
After development rights have been transferred by an original instrument of transfer, the transferor parcel:
(1)
May not be subdivided or reconfigured;
(3)
May not be used in connection with any determination of site area or site capacity, except as may be necessary in determining the number of development rights involved in the transfer; and
(4)
A transferor parcel must be at least 24 acres or 1/2 of the size of the lot of record, whichever is less, and meet the following soils criteria as per the 1966 Soils Survey of Queen Anne's County:
[Amended 9-7-2004 by Ord. No. 04-29]
(a)
At least 50% of the land shall classify as Class I, II or III soils; or
(b)
If the land is wooded, 50% of the land is classified as woodland Group 1 or 2; or
(c)
If there is an insufficient percentage of Class I, II or III soils alone and there is an insufficient percentage of woodland Group 1 or 2 soils alone, the land must have a combination of the classifications that meets or exceeds 60%.
(d)
Plats of TDR parcels must provide the location of all existing buildings.
B.
A transferor parcel within the Chesapeake Bay Critical Area shall be at least 20 acres in size; and
C.
All development rights that are the subject of the transfer, and the value of such rights, shall be deemed for all other purposes, including assessment and taxation, to be appurtenant to the transferor parcel, until such rights have been finally approved for use on a specific receiving parcel and transferred to the County Commissioners.
§ 18:1-102 Certificate of Planning Director.
A.
General requirement. A transfer may not be recognized under this article unless the original instrument of transfer:
B.
Responsibility. The transferor and the transferee named in an original instrument of transfer shall have sole responsibility to:
C.
Application for certificate. An application for a certificate shall:
(1)
Contain information, prescribed by the Planning Director, as may be necessary to determine the number of development rights involved in the proposed transfer;
(2)
Include five copies of a plat of the proposed transferor parcel, prepared by a registered land surveyor on the basis of an actual on-site survey; and
(3)
Be accompanied by such fee as may be prescribed by the County Commissioners.
D.
Issuance of certificate.
(1)
On the basis of the information submitted, the Planning Director shall affix a certificate of the Planning Director's findings to the original instrument of transfer.
(2)
The certificate shall contain a specific statement of the number of development rights that are derived from the transfer parcel.
§ 18:1-103 Instruments of transfer.
A.
In general.
B.
Contents. In addition to the provisions in Chapter 18:1, Part 7, Article XXVII, an instrument of transfer shall contain:
(1)
The names of the transferor and the transferee;
(2)
A covenant that the transferor grants and assigns to the transferee and the transferee's heirs, personal representatives, successors, and assigns a specified number of development rights from the transferor parcel;
(3)
If the instrument is not an original instrument of transfer, a statement that the transfer is an intermediate transfer of rights derived from a transferor parcel described in an original instrument of transfer (which original instrument shall be identified by its date, the names of the original transferor and transferee, and the book and page where it is recorded among the land records of the County);
(4)
A specific statement of the number of development rights included within the transfer;
(5)
A covenant by which the transferor acknowledges that the transferor has no further use or right of use with respect to the development rights being transferred;
(6)
Except when development rights are being transferred to the County Commissioners in accordance with this article, a statement of the rights of the transferee prior to final approval of the use of those development rights on a specific receiving parcel, as provided in § 18:1-100 of this Chapter 18:1; and
(7)
Either:
(a)
A covenant that at the time when any development rights involved in the transfer are finally approved for use on a specific receiving parcel the rights shall be transferred to the County Commissioners for no consideration; or
(b)
In cases when development rights are being transferred to the County Commissioners after approval, a covenant that the rights are being transferred to the County Commissioners for no consideration.
§ 18:1-104 Original instruments of transfer.
A.
Contents of original instrument of transfer. In addition to fulfilling the requirements of § 18:1-103 of this Chapter 18:1, an original instrument of transfer shall also contain:
(1)
A metes and bounds description of the transferor parcel, prepared by a licensed surveyor named in the instrument;
(2)
A covenant that the development rights being permanently transferred represent all development rights with respect to the transferor parcel under the existing or any future zoning or similar ordinance regulating the use of land in the County;
(3)
A covenant that the transferor parcel may not be subdivided or reconfigured;
(5)
A covenant that all provisions of the instrument of transfer shall run with and bind the transferor parcel and may be enforced by the County Commissioners; and
(6)
The certificate of the Planning Director required by this article.
§ 18:1-105 Application for use on receiving parcel.
A.
Application. The owner of a proposed receiving parcel shall file with the Planning Director an application to use transferred development rights with respect to the development of the proposed receiving parcel.
B.
Contents. The application shall:
(1)
Contain information as may be prescribed by the Planning Director;
(2)
Include five copies of a plat of the proposed receiving parcel, prepared by a registered land surveyor on the basis of an actual on-site survey;
(3)
Be accompanied by such fee as may be prescribed by the County Commissioners; and
(4)
Be accompanied by:
(a)
Original or certified copies of a recorded original instrument of transfer involving the development rights proposed to be used and any intervening instruments of transfer through which the applicant became a transferee of those rights; or
(b)
A signed, written agreement between the applicant and a proposed original transferor that contains the plat of a proposed transferor parcel and other information required by § 18:1-102 of this Chapter 18:1 and in which the proposed transferor agrees to execute an original instrument of transfer from the proposed transferor parcel to the applicant at the time when the use of such rights on the proposed receiving parcel is finally approved.
§ 18:1-106 Consideration of application for use.
A.
Review of application. The Planning Director shall review the instruments of transfer or agreement submitted with the application and determine their sufficiency to fulfill the requirements of this article.
B.
Determination. The Planning Director shall:
(1)
Determine the number of development rights that are available for use under the terms of the instruments submitted with the application;
(2)
Determine the number of development rights that this Chapter 18:1 allows to be used on the proposed receiving parcel; and
(3)
Report the preliminary determination of the Planning Director in writing to the applicant within 30 days after all information necessary to make the determinations has been received.
C.
Residential density, open space, and net buildable area.
(1)
The following density, open space, and net buildable area standards shall be used in the application of residential TDRs for residential purposes.
(2)
For purposes of cluster and planned residential development outside the critical area in the E, SE, SR, UR, VC, GNC, SHVC, GVC, TC, and CS Districts:
(3)
For purposes of cluster and planned residential development inside the critical area in the E, SE, SR, UR, VC, GNC, SHVC, GVC, and TC Districts:
(4)
For purposes of cluster and planned residential development in the CS District located within the Critical Area Resource Conservation Area:
(a)
The maximum density permitted for a receiving parcel may be increased to one dwelling unit per five acres;
(c)
The receiving parcel shall maintain a minimum sixty-percent open space ratio, and the overall open space ratio for the receiving parcel and transferor parcel combined may not be less than 85%.
(5)
For purposes of single-family large-lot, cluster, and planned residential development in the NC District located within the Critical Area Resource Conservation Area:
(a)
The maximum density allowed for a receiving parcel shall be the base density as determined by the minimum lot size required for the district;
(c)
For cluster and planned residential developments in the NC-5, NC-2, and NC-1 Districts, a minimum forty-percent open space ratio shall be maintained; in the NC-20, NC-15, and NC-8 Districts, a minimum thirty-percent open space ratio for the receiving parcel shall be maintained; and the overall open space ratio for the receiving parcel and transferor parcel combined may not be less than 85%.
(6)
For the purposes of cluster and planned residential development in SMPD, CMPD, and GPRN Districts outside of the critical area:
(7)
For the purposes of cluster and planned residential development in SMPD, CMPD, and GPRN Districts inside the critical area:
D.
Nonresidential intensity and floor area.
(1)
The following intensity and floor area standards shall be used in the transfer of development rights for nonresidential purposes.
(2)
For purposes of nonresidential development in the VC, TC, SC, UC, and SI Districts and in the same zoning districts with a critical area (IDA) designation:
(3)
In the AG District, eight acres of land shall be permanently deed restricted as open space for each 200 square feet of floor area and 500 square feet of impervious area transferred to the receiving parcel.
(4)
In the CS District located within the Critical Area Resource Conservation Area, 20 acres of land shall be permanently deed restricted as open space, in accordance with § 18:1-12 of this Chapter 18:1, for each 1,000 square feet of floor area and 2,500 square feet of impervious area transferred to the receiving parcel.
§ 18:1-107 Final approval of use.
A.
When final. Transfer from a transferor parcel to a receiving parcel is final at the time when:
B.
Required instruments. Final approval may not be given to any site plan or subdivision plan that involves the use of development rights transferred under the provisions of this article until satisfactory evidence is presented that such of the following instruments as may be required to effect transfer of those rights to the County Commissioners have been approved as to form and legal sufficiency by the attorney to the Planning Commission and recorded among the land records of the County:
(1)
An original instrument of transfer to a transferee, other than the County Commissioners;
(2)
An instrument of transfer to the owner of the receiving parcel;
(3)
Instrument(s) of transfer between any intervening transferees; and
(4)
An instrument of transfer from the owner of the receiving parcel to the County Commissioners.
§ 18:1-108 Moderately priced dwelling units
A.
Purpose and intent.
(1)
The purpose of this article is to implement the housing goals of the Queen Anne's County Comprehensive Plan Land Use Policy 4A such that:
(a)
The development regulations are amended to include requirements for moderately priced dwelling units;
(b)
Private developers constructing moderately priced housing under this article have reasonable prospects of realizing a profit on the development;
(c)
Opportunities are retained for people that work in the County to live in the County;
(d)
Housing options are made available to moderate-income residents, and for special needs populations, including but not limited to the elderly.
B. APPLICANT AT ONE LOCATION(1) (2) (3) CERTIFICATE OF ELIGIBILITY CONSUMER PRICE INDEX CONTROL PERIOD DATE OF INITIAL RENTAL DATE OF ORIGINAL SALE ELIGIBLE PERSON(1) (2) (3) HOUSING DEPARTMENT MARKET RATE UNIT MODERATELY PRICED DWELLING UNIT(1) (2) (a) (b) (3) (4) (5) MODERATELY PRICED DWELLING UNIT AGREEMENT
Definitions. In this article, unless another meaning is plainly intended, the following words have the meanings indicated.
Any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities, who submits to the Planning Commission for site plan, subdivision, or building permit approval under Part 7 of this Chapter 18:1, and for which compliance is required by Subsection C of this section regardless of whether any land has been transferred to another party.
All adjacent land of the applicant if:
The property lines are contiguous or nearly contiguous at any point;
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
The property lines are separated only by other land of the applicant which is not subject to this Chapter 18:1 at the time of any permit, site plan, development, or subdivision application by the applicant.
A certificate issued by the Housing Department, and signed by the person seeking to own or rent an MPDU and the Director of the Housing Department, that certifies that the person is qualified to buy or rent an MPDU.
The latest published version of the Consumer Price Index for All Urban Consumers (CPI-U) of the U.S. Department of Labor for the Baltimore metropolitan area.
The time an MPDU is subject to either resale price controls and owner occupancy requirements or maximum rental limits. The control period is 15 years for sale units and 25 years for rental units, and begins on the date of original sale or initial rental. Except for bulk transfers as herein permitted, if a MPDU is sold to an eligible person during the control period, the unit must be treated as a new MPDU and a new control period must begin on the date of the original sale.
The date of the first lease agreement for a MPDU.
The date of settlement for purchase of a MPDU and includes the first as well as subsequent sales.
A person or household:
Whose household median income is 80% or less than the average household median income for the Baltimore MSA, with adjustments for household size, as reported by the United States Department of Housing and Urban Development (HUD);
Who holds a valid certificate of eligibility that entitles the person or household to buy or rent an MPDU; and
Who has not owned any residential property during the previous five years.
Queen Anne's County Department of Housing and Community Services.
A dwelling unit, the value of which is not controlled by provisions of this article.
A dwelling unit which:
Is offered for sale or rent to eligible persons or the Housing Department and sold or rented under this article;
Is offered for a maximum sales price based on number of bedrooms, to be determined by the Housing Department by:
First, calculating the amount of monthly income available for mortgage principal and interest by using the formula: (median income for three-person household) x (target income range) x (portion of household income available for housing) / (12 months) — (property taxes) — (hazard insurance);
Second, calculating a monthly payment for a thirty-year term mortgage at market interest rate, ensuring that the monthly payment is less than or equal to the calculation in Subsection (2)(a);
The sales price of which shall be recalculated each year by the Housing Department by taking the maximum base prices and adjusting them up or down according to changes in the CPI;
Is offered for a monthly rental price of:
The monthly rental price of which shall be recalculated each year by the Housing Department based on HUD's recalculation of fair market rents.
A written agreement from an applicant to provide MPDUs that is provided in a form and executed in manner consistent with regulations adopted to administer this article.
C.
Applicability. Compliance with the provisions of this article shall be required as a condition of approval for all residential development, including commercial apartments that:
[Amended 8-25-2005 by Ord. No. 05-07; 8-24-2010 by Ord. No. 10-05; 10-24-2017 by Ord. No. 17-12]
(1)
Are located within any districts except SI, SIBE, and LIHS.
(2)
In growth areas, consists of 20 or more lots or dwelling units; and outside of growth areas, consists of 60 or more lots; or dwelling units; and
[Amended 8-24-2010 by Ord. No. 10-05]
(3)
An applicant may not avoid this article by submitting or phasing new development in increments below the thresholds above, the first being after the effective date of this article. An applicant may submit a request for residential development below the thresholds set forth above, but the applicant must agree in writing that when unit thresholds are reached, the applicant will meet the requirements of this article.
D.
Compliance.
(1)
At least 10% of the units in a residential development subject to this article shall be designated as MPDUs and meet all requirements of this article.
(2)
Compliance with this section may be achieved through either of or a combination of the following options as prioritized below:
(a)
Constructing MPDUs. Compliance may be achieved by constructing MPDUs on the site where the residential development is to occur or off the site where the residential development is to occur if the Planning Commission has approved the off-site location based on the location's access to public amenities and compatibility of surrounding uses and densities.
(b)
Paying fees in lieu of constructing MPDUs.
[1]
Compliance with this section may be achieved by contributing to the Moderately Priced Housing Fund where the Planning Commission finds that:
[a]
In the project or subdivision originally proposed by the applicant, an indivisible package of residents and facilities to be provided to all households would cost the occupants of the MPDUs so much that it is likely to make the MPDUs effectively unaffordable by eligible persons; or
[b]
The dedication required by Subsection D(2)(b)[1][a] above is unsuitable or impracticable due to size, topography, drainage, site configuration, or other physical site characteristic; and
[c]
The public benefits of paying a fee outweigh the benefits of constructing MPDUs in each subdivision throughout the County, and acceptance of applicant's fee in lieu will achieve the objective of providing a broad range of housing opportunities throughout the County.
[2]
The amount of fees due under this section shall be calculated yearly by subtracting the maximum allowable price of an MPDU from the median price of the same size unit, with comparable number of rooms, sold in the County in the preceding year.
[3]
Payment of fees in lieu shall be made to the County according to the time schedule below.
Percentage of Market Rate Units | Percentage of Payment in Lieu |
|---|---|
Up to 30% | None required |
30% plus 1 unit | At least 10% |
Up to 50% | At least 30% |
Up to 75% | At least 50% |
75% plus 1 unit | At least 70% |
Up to 90% | 100% |
(c)
Donation of land to the County.
[1]
The County may accept donations of land in fee simple, on- or off-site, that the Housing Department determines are suitable for the construction of MPDUs. The value of donated land shall be equal to or be greater than the value of the fee-in-lieu payment required by this section. The Housing Department may require, prior to accepting land as satisfaction of the requirements of this article, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value. The land shall be donated into the Moderately Priced Housing Fund.
(d)
The procedures for considering and implementing alternatives other than constructing MPDUs on the site shall be established by the Planning Commission. To implement an alternative, the applicant must sign an agreement with the County not later than a time provided by the Planning Commission in its approval of the alternative.
(3)
Compliance with this article also shall require that:
(a)
The applicant provides covenants, recorded among the land records of the County, that states that the unit will continue to be a MPDU for the control period, in compliance with this article; and
(b)
The applicant sign a moderately priced dwelling unit (MPDU) agreement, which includes a calculation of MPDUs required to comply with this article in which the applicant agrees to meet the requirements of this article. This form shall be kept on file at the Planning Department.
E.
Adjustments for MPDU qualification.
(1)
If the Planning Commission finds that conditions of the design, construction, pricing, or amenity package of an MPDU project will lessen the ability of eligible persons to afford the MPDUs, the Planning Commission may eliminate or modify those conditions or other costs that reduce the affordability of the MPDUs.
(2)
If the County Commissioners find that impact fees required to be paid pursuant to Chapter 18:3 will substantially lessen the ability of eligible persons to afford the MPDUs, the County Commissioners, upon written petition, may subsidize, exempt or adjust such impact fees upon such terms and conditions as the County Commissioners, in their discretion, shall find necessary in order to implement the housing goals of the Queen Anne's County Comprehensive Plan Land Use Policy.
F.
Construction of MPDUs.
(1)
Integration.
(a)
MPDUs within market rate developments shall be integrated with the overall development plan and shall be generally consistent in exterior design and appearance with other units in the proposed development. The following criteria may be considered in determining whether the requirements of this subsection have been met.
[1]
Whether there are existing or proposed physical barriers between market rate units and MPDUs.
[2]
Whether the MPDUs are located within reasonable proximity of proposed market-rate units.
[3]
Whether the MPDUs of a particular housing type (e.g., multifamily or single-family) are reasonably blended with market rate units of the same type.
(b)
Consistent with the purpose and intent of this article, the Planning Commission may authorize an applicant to increase the sale price of a MPDU by no more than 10%. However, no increase shall be allowed unless the Planning Commission finds, in exceptional cases, that a price increase is necessary to achieve compliance with Subsection F(1) above.
(2)
Phasing. Where feasible, MPDUs shall be provided coincident to the development of market-rate units, but in no event shall the development of MPDUs be delayed beyond the schedule below.
Percentage of Market Rate Units | Percentage of MPDUs |
|---|---|
Up to 30% | None required |
30% plus 1 unit | At least 10% |
Up to 50% | At least 30% |
Up to 75% | At least 50% |
75% plus 1 unit | At least 70% |
Up to 90% | 100% |
G.
Certificate of eligibility.
(1)
The Housing Department shall grant a certificate of eligibility to any person who meets the definition of "eligible person."
(2)
The Housing Department shall monitor annually occupants of rental MPDUs created pursuant to this article. Where the Housing Department determines that an occupant no longer qualifies as an eligible person, the Housing Department shall notify the person that the rental MPDU shall be vacated within one year of notification in order to make the unit available to an eligible person.
H.
Payment of homeowners' association fees. Residents of an MPDU shall pay an equal share of homeowners' association fees or similar costs as non-MPDU units.
I.
Procedures for sale or rental of MPDUs.
(1)
Every MPDU required under this article must be rented or sold to eligible persons to be used for his or her own residence.
(2)
Before offering any MPDUs for first sale or initial rent, the applicant must notify the Housing Department of the proposed offering and the date on which the applicant will be ready to begin marketing to eligible persons. The notice must include:
(a)
Whether the units will be sold or rented in accordance with the MPDU agreement;
(b)
The number of units offered;
(c)
The number of bedrooms;
(d)
The floor area for each unit type;
(e)
A description of the amenities offered in each unit and a statement of the availability of each unit for sale or rent;
(f)
A vicinity map of the offering; and
(g)
Other information or documents as the Housing Director finds necessary to determine compliance with this section.
(3)
The Housing Department will maintain a list of eligible persons and must notify eligible persons in accordance with procedures established by the Department.
(4)
An applicant must not sell or lease any unit without first obtaining a certificate of eligibility issued by the Housing Department from the buyer or lessee, unless the buyer is the Housing Department. A copy of each certificate must be maintained on file by the Housing Department.
(5)
Ninety days after the start of the marketing period, the Housing Department may purchase an MPDU if no eligible person has entered into a purchase agreement or contracted to buy that MPDU. The Housing Department shall only rent or sell the MPDU to an eligible person.
(6)
Every eligible person buying or renting an MPDU must occupy the unit as his or her primary residence during the control period. Buyers of MPDUs, except for a housing agency, may not lease MPDUs to other parties unless the Housing Director finds sufficient cause to allow temporary rentals of such units under regulations, which may include maximum rental levels, adopted by the County Commissioners. If the Housing Director finds that an owner of an MPDU is not occupying the dwelling unit as his or her primary residence, except as herein provide, the Housing Director may assess a monthly fee equal to the HUD fair market rent for the MPDU.
(7)
Any rent obtained for a MPDU that is rented in violation of this section must be paid into the Moderately Priced Housing Fund by the owner within 90 days after the Housing Director notifies the owner of the rental violation. If rent remains unpaid 90 days after notification, the owner of the MPDU shall be liable for an additional assessment equal to the HUD fair market rent for the MPDU for each month, or part thereof, that the rent collected in violation of this section remains unpaid. The additional assessment shall be paid into the Moderately Priced Housing Fund.
J.
Restrictions on resale.
(1)
Subsequent sales price. During the control period, except for foreclosure proceedings, no MPDU shall be resold except as an MPDU as herein defined. An MPDU shall not be resold for a price greater than the original selling price plus:
(a)
A percentage of the unit's original selling price equal to the increase in the cost of living, as determined by the Consumer Price Index; and
(b)
The value of improvements made to the unit between the date of original sale and date of resale, as appropriately documented according to procedures adopted by the Housing Department; and
(c)
An allowance for closing costs which were not paid by the original seller, but which will be paid by the original buyer for the benefit of the later buyer; and
(d)
A reasonable sales commission if the unit is not sold within 90 days to an eligible person from the Housing Department's eligibility list.
(2)
Subsequent sale requirements. Any MPDU offered for resale during the control period must be first offered exclusively for 90 days through the Housing Department to eligible persons on the eligibility list and to the Housing Department which can also purchase the MPDU. After this ninety-day period expires, that unit may be offered for sale to the general public, though that unit will still remain as a MPDU until the expiration of the control period.
(3)
A person who rents a MPDU and lawfully occupies it when the unit is offered for sale will have first preference to purchase the dwelling unit, provided that such person is an eligible person.
K.
Restriction on resale after control period ends.
(1)
Payment to Moderately Priced Housing Fund.
(a)
If an MPDU is sold or resold after the expiration of the control period, the restrictions on resale in Subsection J no longer apply. However, for the first sale of an MPDU after the expiration of the control period, the seller shall pay to the Moderately Priced Housing Fund 1/2 of the excess of the total market rate resale price over the sum of the following:
[1]
The original selling price; and
[2]
A percentage of the unit's original selling price equal to the increase in the cost of living as determined by the Consumer Price Index; and
[3]
The value of improvements made to the unit between the date of original sale and date of resale, as appropriately documented according to procedures adopted by the Housing Department; and
[4]
A reasonable sales commission.
(b)
The Housing Department shall adjust the amount paid into the Fund in each case so that the seller retains at least $10,000 of the excess of the resale price over the sum of the items in Subsection K(1)(a)[1] through [4]. If there is no excess or the excess is not greater than $10,000, then the seller owes nothing to the Fund.
(2)
The Housing Department shall find that the price and terms of a sale covered by Subsection K(1) of this section are bona fide and accurately reflect the entire transaction between the parties so that the full amount required under Subsection K(1) of this section is paid to the Fund. The County shall terminate the MPDU controls and execute a release of the restrictive covenants upon receipt of the full amount required under Subsection K(1) of this section.
L.
Foreclosure regulations. The County may adopt written regulations dealing with foreclosure proceedings. If a foreclosure sale of an MPDU occurs during the control period, any price paid at the foreclosure sale that exceeds the price established under Subsection J(1), plus any reasonable costs and fees of foreclosure, shall be paid into the Moderately Priced Housing Fund. If an MPDU is foreclosed after the expiration of the control period, Subsection K applies. If the unit sold by foreclosure was originally constructed by the applicant as a rental unit and continued as a rental unit until the foreclosure, the Housing Department shall calculate the sale price that would have been permitted at the time of original rental as if the unit had been originally offered for sale. For any MPDU sold by foreclosure, the County shall terminate the MPDU controls and execute a release of the restrictive covenants if proceeds of the sale, if any, that shall be paid to the Moderately Priced Housing Fund in accordance with this section have been paid.
M.
Restriction on rent. During the control period, no MPDU shall be rented except as an MPDU herein defined.
O.
Waiver of requirements. The Housing Department may waive the restriction on the resale and re-rental prices for MPDUs if the Housing Department finds that the restrictions conflict with regulations of federal or state housing programs and thus prevent eligible persons from buying or renting units under the MPDU program.
P.
Bulk transfers. This section does not prohibit the bulk transfer or sale of all or some of the rental MPDUs in a development during the control period if the buyer is bound by all covenants and controls on the MPDUs.
Q.
Regulations and enforcement.
(1)
The County may adopt regulations necessary to administer this article, to promote compliance with this article, and prevent practices that evade controls on rents and sales of MPDUs.
(2)
This section applies to all agents, successors and assigns of an applicant. A building permit shall not be issued, and a site plan, or subdivision plan shall not be approved unless it meets the requirements of this article. The Planning Director may deny, suspend or revoke any building or occupancy permit upon finding a violation of this article. Any prior approval of a preliminary plan, site plan, or subdivision plat may be suspended or revoked upon the failure to meet any requirement of this article.