5347
MONTGOMERY COUNTY

THE AGREEMENT SHALL BE SIGNED BY THE APPLICANT AND
ALL OTHER NECESSARY PARTIES WHOSE SIGNATURES ARE REQUIRED
BY LAW FOR THE EFFECTIVE AND BINDING EXECUTION OF
CONTRACTS DEALING WITH REAL PROPERTY. IF THE APPLICANT
IS A CORPORATION, THE AGREEMENT SHALL BE SIGNED BY THE
PRINCIPAL OFFICERS OF THE CORPORATION INDIVIDUALLY AND ON
BEHALF OF THE CORPORATION. IT IS THE INTENT OF THIS
REQUIREMENT TO PREVENT PARTNERSHIPS, ASSOCIATIONS, OR
CORPORATIONS FROM EVADING THE REQUIREMENTS OF THIS
CHAPTER THROUGH VOLUNTARY DISSOLUTION. THE AGREEMENT MAY
BE ASSIGNED, SUBJECT TO COUNTY APPROVAL, PROVIDED THAT
THE ASSIGNEES FULFILL THE REQUIREMENTS OF THIS CHAPTER.

THE APPLICANT SHALL ALSO FILE WITH THE FIRST
APPLICATION FOR A BUILDING PERMIT HEREUNDER A STATEMENT
OF ALL LAND OWNED BY THE APPLICANT AVAILABLE FOR BUILDING
DEVELOPMENT WITHIN THE COUNTY AS DEFINED IN SECTION 25A-3
HEREOF. FOR SUBSEQUENT APPLICATIONS, ONLY SUBMISSION OF
CHANGES IN OWNERSHIP SHALL BE REQUIRED SHOWING ADDITIONS
AND DELETIONS TO THE ORIGINAL STATEMENT OF LANDHOLDINGS
AVAILABLE FOR BUILDING DEVELOPMENT WITHIN THE COUNTY.

THE WRITTEN AGREEMENT SHALL INDICATE 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 ENVIRONMENTAL PROTECTION
FOR THE PURPOSE OF DETERMINING THE APPLICANT'S COMPLIANCE
WITH THE REQUIREMENTS OF THIS CHAPTER. THE STAGING PLAN
FOR ALL DWELLING UNITS UNDER THE BUILDING PERMIT SHALL BE
SO ARRANGED THAT MODERATELY PRICED DWELLING UNITS WILL BE
CONSTRUCTED ALONG WITH OR PRECEDING OTHER DWELLING UNITS,
IT BEING THE INTENT OF THIS PROVISION THAT ALL HIGHER
PRICED DWELLING UNITS SHALL NOT FIRST BE CONSTRUCTED
BEFORE THE APPLICANT CONSTRUCTS ANY MODERATELY PRICED
DWELLING UNITS.

IN THE EVENT THAT AN APPLICANT DOES NOT CONSTRUCT
THE MODERATELY PRICED DWELLING UNITS CONTAINED IN THE
STAGING PLAN ALONG WITH OR PRECEDING OTHER DWELLING
UNITS, THE DIRECTOR IS AUTHORIZED TO WITHHOLD THE
ISSUANCE OF SUBSEQUENT BUILDING PERMITS TO THAT APPLICANT
UNTIL SUCH TIME AS THE MODERATELY PRICED DWELLING UNITS
CONTAINED IN THE STAGING PLAN ARE CONSTRUCTED.

25A-5. OPTIONAL ZONING PROVISIONS; WAIVER OF
REQUIREMENT.

(A) OPTIONAL ZONING PROVISION. CONTEMPORANEOUSLY
WITH THE ENACTMENT OF THIS CHAPTER, THE COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND, SITTING AS A DISTRICT
COUNCIL FOR THE MARYLAND-WASHINGTON REGIONAL DISTRICT
WITHIN MONTGOMERY COUNTY, MARYLAND, HAS ENACTED OR WILL
ENACT REVISIONS TO THE TEXT OF THE ZONING ORDINANCE FOR
THE COUNTY TO PROVIDE IN CERTAIN ZONES OPTIONAL DENSITY