5424

COUNTY LOCAL LAWS

option, satisfy the requirement of this Chapter by
submitting, concurrently with the application for a
building permit, to the Montgomery County Department of
Environmental Protection a written agreement, as set
forth hereafter, in a form required by the Director and
approved by the Office of the County Attorney. A written
notice of the intent to submit such an agreement shall be
served upon the Director at least 90 days prior to the
filing of the application for a building permit. The
agreement shall covenant that so much of the land,
designated in the approved site plan as land to which the
optional zoning provisions for moderately priced dwelling
units apply, as is necessary in order to construct the
number of moderately priced dwelling units required by
subsection (a) of this Section, shall be transferred, as
finished lots, to Montgomery County, or to the County's
designee, prior to the issuance of such building permit,
in order that the County might cause moderately priced
dwelling units to be constructed on the transferred land.
After the submission of supporting documentation and
review and approval by the County, the applicant shall be
reimbursed by the County, or its designee, for the costs
actually incurred by the applicant in developing the
subdivision, which costs are directly attributable to the
finishing of the moderately priced dwelling unit lots so
transferred. Reimbursable costs shall include, but not
be limited to, the following; Subdivision planning and
engineering costs; clearing, grading, paving and cleaning
of sites and streets, including any required bonds and
permits; installation of curbs, gutters and sidewalks;
sodding of public rights—of—way; erection of barricades
and signs; installation of storm sewers and street
lighting; and park and other open space and recreational
development. No reimbursement shall be made for the cost
or value of the transferred lots themselves.

At any time that an applicant elects to transfer
land to the County under this subsection and no
appropriated funds exist for the purpose of reimbursing
the applicant for his finishing costs, the County may
elect to accept from the applicant undeveloped land,
rather than finished lots.

Notwithstanding any other provisions of this
subsection, the election by an applicant to transfer land
to the County may be rejected in whole, or in part, by
the County whenever the public interest would best be
served thereby. Any such rejection shall be taken into
consideration by either the Planning Board or the
Director when determining whether the applicant shall be
granted a waiver of the requirements of this Chapter
under Section 25A—5(b).

Any transfer of land to the County hereunder shall