Under certain conditions as specified in Chapter 25A, it may be possible to provide less than the required number of MPDUs on-site in any development.
4.1 MPDU Land Transfer Option.
(a) If an Applicant wishes to request a Land Transfer option to fulfill some or all of an MPDU requirement in accordance with Section 25A-5(g)(1), the Applicant must submit a written request to the Director to transfer land or Finished Lots to the County not less than 90 days prior to the submission of any building permit application for the development for which the Land Transfer option is being requested, and in any case before an Agreement to Build is executed. The Director must make a determination of whether the approval will be granted before the Applicant submits an application for a building permit for the development, and the Applicant must execute an Alternative Compliance Agreement with the Department in a form approved by the Department prior to the time that DPS approves a building permit for the development. The transfer request must include:
(1) Justification why the Applicant is requesting the Land Transfer and how the public benefit of granting the Land Transfer proposal outweighs the value of providing MPDUs in each subdivision throughout the County;
(2) A title report showing ownership, or a purchase contract signed by the Applicant for the land proposed to be transferred, and a description of the property;
(3) Preliminary subdivision plans or site plans, or record plats;
(4) Topographical maps, and soil tests if they have been performed;
(5) A Phase I Environmental Report; and
(6) An itemized statement of actual costs incurred or estimated costs to finish the lots on the property proposed to be transferred.
(b) Conditions for Transfer. Land offered to the County must meet the following minimum standards:
(1) The title must be good and marketable and the land must be transferred in fee simple by a special warranty deed;
(2) The land must be served by public water, sewer, and other necessary utilities, must be accessible from an improved public street; and the Department, in its sole discretion, must determine that development of the land into lots is economically feasible as an MPDU development;
(3) In single-family developments, the land may be transferred as individual scattered lots, as several groups of lots, or as a single subdivided parcel; and
(4) In multi-family projects, the land must be large enough to support the development of an independent rental or sales project including parking, open space, and amenities.
(c) Transfer Decision and Agreement. The decision to approve or deny a Land Transfer must be made by the Director taking into consideration how the public interest will best be served. Any decision regarding the transfer must be made in accordance with the following conditions:
(1) The Department must make a decision within 90 days of receiving the request and all required documents for the Land Transfer. A copy of the decision must be provided to the Applicant, the Planning Board, and DPS.
(2) The Department may only approve a Land Transfer under this subsection after making a written determination that the value of the land transferred is at least equal to the value of the MPDUs not constructed by the Applicant.
(3) The Department may reject any offer to transfer land, either in part or in whole, if the Director determines that the transfer will not serve the public interest or if no funds are available to reimburse the Applicant for the lot finishing costs.
(4) If the Department approves the transfer request, the Alternative Compliance Agreement must address compensation for the reasonable costs for Finished Lots.
(5) The Applicant is responsible for preparing and executing the necessary special warranty deed(s), arranging for settlement, ensuring that the deeds are properly recorded and delivering evidence of good title to the transferred lots or land.
4.2 Request to Provide MPDUs at an Alternative Location. If an Applicant wishes to provide some or all of the MPDUs for development of a High-Rise building at an Alternative Location under the provisions of Section 25A-5B, the Applicant must submit a written request to the Director not less than 90 days prior to the submission of any building permit for the development for which the Alternative Location approval is being requested, and in any case before an Agreement to Build is executed. The Director must make a determination of whether the approval will be granted before the Applicant submits an application for a building permit for the development, and the Applicant must execute an Alternative Compliance Agreement with the Department in a form approved by the Department prior to the time that DPS approves a building permit for the development.
4.3 Request to Make an Alternative Payment to the Housing Initiative Fund. If an Applicant wishes to make an Alternative Payment to the Housing Initiative Fund instead of building some or all of the required number of MPDUs in a proposed subdivision under the provision of Section 25A-5A, the Applicant must submit a written request to the Director to make an Alternative Payment to the Housing Initiative Fund not less than 90 days prior to the submission of any building permit for the development for which the payment option is being requested, and in any case before an Agreement to Build is executed. The Director must make a determination of whether the approval will be granted before the Applicant submits an application for a building permit for the development, and the Applicant must execute an Alternative Compliance Agreement with the Department in a form approved by the Department prior to the time that DPS approves a building permit for the development.
4.4 No Alternative Compliance if All Impact Fees are Waived. If an Applicant receives a waiver of all impact fees for a development in accordance with Section 52-41(g)(5) and Section 52-54(c)(5) of the Code, the Department must not approve a Land Transfer, an Alternative Payment or an Alternative Location for the development. The MPDUs must be provided on-site, and any for-sale MPDUs must be priced as provided in Section
25A.00.02.05.3 if the price calculated by that method is lower than the price calculated as provided in Section
25A.00.02.05.1.
