5341
MONTGOMERY COUNTY

REQUIRED BY LAW WHICH INCLUDES IN THE PLAN CONSTRUCTION
OR DEVELOPMENT OF 50 OR MORE DWELLING UNITS AT ONE
LOCATION; OR

(3) WITH RESPECT TO ALL LAND IN ZONES NOT SUBJECT
TO SUBDIVISION APPROVAL OR SITE PLAN REVIEW, SUBMITS AN
APPLICATION FOR A BUILDING PERMIT UNDER CHAPTER 8, TITLE,
"BUILDINGS, " OF THIS CODE, WHICH PERMIT IS FOR THE
CONSTRUCTION OF A TOTAL OF 50 OR MORE DWELLING UNITS AT
ONE LOCATION.

IN DETERMINING WHETHER OR NOT A TOTAL OF 50 OR MORE
DWELLING UNITS ARE INVOLVED FOR THE PURPOSE OF APPLYING
THE REQUIREMENTS OF THIS CHAPTER, ALL LAND AT ONE
LOCATION WITHIN THE COUNTY AVAILABLE FOR BUILDING
DEVELOPMENT UNDER COMMON OWNERSHIP OR CONTROL BY AN
APPLICANT, INCLUDING THAT LAND OWNED OR CONTROLLED BY
SEPARATE CORPORATIONS IN WHICH ANY STOCKHOLDER (OR FAMILY
OF THE STOCKHOLDER) OWNS 10 PERCENT (10%) OR MORE OF THE
STOCK, SHALL BE INCLUDED. AN APPLICANT SHALL NOT AVOID
THE INTENT OF THIS CHAPTER BY SUBMITTING PIECEMEAL
APPLICATIONS OR APPROVAL REQUESTS FOR SUBDIVISION PLATS,
SITE OR DEVELOPMENT PLANS OR BUILDING PERMITS. ANY
APPLICANT MAY SUBMIT A PRELIMINARY SUBDIVISION PLAT FOR
APPROVAL, SITE OR DEVELOPMENT PLANS FOR APPROVAL, OR
REQUEST FOR BUILDING PERMITS FOR LESS THAN 50 DWELLING
UNITS AT ANY ONE TIME PROVIDED SUCH APPLICANT MUST AGREE
IN WRITING THAT UPON THE NEXT SUCH APPLICATION OR REQUEST
THE APPLICANT WILL COMPLY WITH THE REQUIREMENTS OF THIS
CHAPTER WHEN THE TOTAL NUMBER OF REQUESTS AT ONE LOCATION
HAS REACHED 50 OR MORE DWELLING UNITS. ALL APPLICANTS
WITH RESPECT TO LAND TO WHICH THIS CHAPTER APPLIES ARE
HEREBY DEEMED TO HAVE LOCAL OFFICIAL APPROVAL TO
PARTICIPATE IN THE FEDERAL RENT SUPPLEMENT PROGRAM.

AT ONE LOCATION: THE PHRASE "AT ONE LOCATION" MEANS
ALL ADJACENT LAND OF THE APPLICANT, THE PROPERTY LINES OF
WHICH ARE CONTIGUOUS OR NEARLY CONTIGUOUS AT ANY POINT,
OR THE PROPERTY LINES OF WHICH 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 SEPARATED ONLY BY OTHER LAND OF THE APPLICANT,
WHICH SEPARATING LAND IS NOT SUBJECT TO THE REQUIREMENTS
OF THIS CHAPTER AT THE TIME OF ANY OF THE ABOVE-STATED
REQUESTS BY THE APPLICANT.

AVAILABLE FOR BUILDING DEVELOPMENT: THE PHRASE
"AVAILABLE FOR BUILDING DEVELOPMENT" MEANS ALL LAND OWNED
BY, OR UNDER CONTRACT TO, THE APPLICANT, ZONED FOR ANY
TYPE RESIDENTIAL DEVELOPMENT TO WHICH THE OPTIONAL ZONING
PROVISIONS REFERRED TO IN SECTION 25A-5(A) OF THIS
CHAPTER APPLY, WHICH WILL UTILIZE PUBLIC WATER AND
SEWERAGE, AND WHICH IS READY TO BE SUBDIVIDED FOR
CONSTRUCTION OR DEVELOPMENT.