5423
MONTGOMERY COUNTY

directly attributable to the finishing of the moderately
priced dwelling unit lots, to the County or to the
County's designee, in order that the County might cause
moderately—priced dwelling units to be constructed on the
transferred land; and (2) by serving upon the Director of
the Department of Environmental Protection at least
ninety (90) days prior to the filing of such application
for a building permit, a written notice of the intent to
submit, in lieu of a written agreement to construct
moderately priced dwelling units, the written agreement
to transfer land,

BE IT ENACTED BY THE COUNTY COUNCIL FOR MONTGOMERY
COUNTY, MARYLAND, that

Sec. 1. Section 25A—4, title "Requirement," of
Chapter 25A, title "Housing, Moderately Priced,"
Montgomery County Code 1972, as amended, is hereby
amended to read as follows:

25A—4 Requirement,

(a)     Any applicant, as defined hereinbefore,   when
applying for a building permit, shall submit to     the
Department of Environmental Protection concurrently   with
his application for such permit, a written agreement   on a
standard form supplied by the Director, which has     been
approved by the Office of the County Attorney,      The
agreement shall provide

(1)    That not less than fifteen percent (15%)
of the total number of dwelling units at one location

(i) covered by a plan of subdivision
submitted by an applicant as defined in Section 25A—3(1)
of this Chapter, or

(ii) covered by a plan of development
or site plan submitted by an applicant as defined in
Section 25A-3(2), or

(iii) covered by a building permit
submitted by an applicant as defined in Section 25A—3(3),
shall be moderately priced dwelling units, or

(2)    That not less than twenty percent (20%)
of the total number of dwelling units covered by a
preliminary plan or site development plan in a Town
Sector or Planned Neighborhood Zone, shall be
moderately—priced dwelling units.

(b)    Notwithstanding and in lieu of paragraph (1)
of the preceding subsection, an applicant, as defined in
Section 25A—3(3) of this Chapter, may, at the applicant's