5348

COUNTY LOCAL LAWS

ZONING PROVISIONS PERTAINING TO MODERATELY PRICED
DWELLING UNITS. LAND UPON WHICH THE APPLICANT IS
REQUIRED TO CONSTRUCT MODERATELY PRICED DWELLING UNITS
MAY, AT THE APPLICANT'S ELECTION, BE SUBJECT TO SUCH
OPTIONAL ZONING PROVISIONS. IF THE APPLICANT ELECTS
OPTIONAL DENSITY PROVISIONS, PERMITTING THE CONSTRUCTION
OF AN INCREASED NUMBER OF DWELLING UNITS, THE REQUISITE
PERCENTAGE OF MODERATELY PRICED DWELLING UNITS SHALL
APPLY TO THE TOTAL NUMBER OF DWELLING UNITS AS INCREASED
BY THE OPTIONAL DENSITY PROVISIONS.

(B) WAIVER OF REQUIREMENT. ANY APPLICANT AS
DEFINED IN SECTION 25A-3(3) OF THIS CHAPTER, UPON
PRESENTATION OF SUFFICIENT EVIDENCE TO THE DIRECTOR IN
SUBMITTING AN APPLICATION FOR A BUILDING PERMIT, OR ANY
SECTION 25A-3(1) OR 25A-3 (2) APPLICANT, UPON PRESENTATION
OF SUFFICIENT EVIDENCE TO THE MONTGOMERY COUNTY PLANNING
BOARD IN SUBMITTING A PRELIMINARY OR FINAL PLAN OF
SUBDIVISION FOR APPROVAL OR REQUESTING APPROVAL OF A SITE
OR OTHER DEVELOPMENT PLAN, MAY BE GRANTED A WAIVER FROM
PART OR ALL OF THE REQUIREMENTS OF THIS CHAPTER IF THE
DIRECTOR OR BOARD, AS APPLICABLE, FINDS THAT BECAUSE OF
EXCEPTIONAL TOPOGRAPHICAL CONDITIONS OR OTHER
EXTRAORDINARY SITUATIONS OR CONDITIONS OF SPECIFIC
PARCELS OF LAND, THE STRICT APPLICATION OF THE
REQUIREMENTS OF THIS CHAPTER WOULD RESULT IN PECULIAR AND
UNUSUAL PRACTICAL DIFFICULTIES TO, OR EXCEPTIONAL OR
UNDUE HARDSHIP UPON, THE APPLICANT, OR BECAUSE THE
APPLICANT IS PREVENTED BY LAW OR OTHER GOOD CAUSE FROM
BEING ABLE TO USE THE OPTIONAL ZONING PROVISIONS OF THE
ZONING ORDINANCE FOR THE CONSTRUCTION OF MODERATELY
PRICED DWELLING UNITS. ANY WAIVER GRANTED HEREUNDER
SHALL BE STRICTLY CONSTRUED AND SHALL BE LIMITED TO A
MINIMUM.

25A-6. DISTRIBUTION OF UNITS; CERTIFICATES; GENERAL
PUBLIC; HOUSING AUTHORITY, AGENCY OR CORPORATION.

(A) SALE OR RENTAL TO GENERAL PUBLIC. SUBJECT TO
THE PROVISIONS OF THIS SUBSECTION, EVERY MODERATELY
PRICED DWELLING UNIT REQUIRED BY THIS CHAPTER SHALL BE
OFFERED TO THE GENERAL PUBLIC FOR SALE OR RENTAL TO A
GOOD FAITH PURCHASER OR RENTER TO BE USED FOR HIS OR HER
OWN RESIDENCE, WITH THE EXCEPTION OF UNITS OFFERED FOR
SALE OR RENT WITH THE ASSISTANCE OF, AND SUBJECT TO THE
CONDITIONS OF, A SUBSIDY UNDER A FEDERAL, STATE OR LOCAL
GOVERNMENT PROGRAM WHOSE PURPOSE IS TO PROVIDE HOUSING
FOR PERSONS OF LOW OR MODERATE INCOME.

WITH THE EXCEPTION OF THOSE MODERATELY PRICED
DWELLING UNITS COVERED BY THE OPTION UNDER SUBSECTION (B)
OF THIS SECTION, AT LEAST NINETY (90) DAYS PRIOR TO ANY
OFFERING TO THE GENERAL PUBLIC, OR AT THE TIME OF
ISSUANCE OF BUILDING PERMITS FOR SUCH UNITS, WHICHEVER