Sec. 13-251. Alternative Compliance
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Prince George's County, Md., Code § 13-251 (2026)
Sec. 13-251. Alternative ComplianceLinkCopy Citation
(a)
Alternative Payment Agreement.
(1)
Alternative Payment Authorized. The Director may approve an alternative payment agreement that allows the applicant, instead of building some or all of the required MPDUs in a proposed subdivision, to pay to the CHOICE Special Revenue Fund an amount computed under subsection (3) below.
(2)
Required Findings. The Director may only approve an alternative payment agreement upon finding that:
(A)
accepting payment will further the objective of providing a broad range of housing opportunities throughout the County; and
(B)
the required units will not be reasonably affordable to eligible purchasers under the program because of high common ownership community fees.
(3)
Alternative Payment Amount. The amount paid to the CHOICE Special Revenue Fund pursuant to this section shall be three percent (3%) of the sale price of each market rate unit in the development. A payment made in partial satisfaction of MPDU requirements must be adjusted based on the percentage of required MPDUs provided.
(4)
Council Notification. The Director must notify the Council in writing within ten (10) days of approving an alternative payment agreement under this Section.
(5)
Alternative Payment Uses. A payment to the CHOICE Special Revenue Fund must only be used to buy, build, or preserve MPDUs in the same Planning Area as the development for which the payment was made.
(b)
Alternative Location Agreement.
(1)
Alternation Location Authorized. The Director may approve an alternative location agreement that allows the applicant, instead of building some or all of the required MPDUs on-site, to provide MPDUs at another location.
(2)
Required Findings. The Director may approve an alternate location agreement only upon finding that:
(A)
the public benefit of locating MPDUs at the proposed alternative location outweighs the value of locating MPDUs in each subdivision throughout the County;
(B)
building the MPDUs at the proposed alternative location will further the objective of providing a broad range of housing opportunities throughout the County; and
(C)
the alternative location agreement will increase the number of MPDUs.
(3)
Location Requirements. The alternative location must be in the same Planning Area as the proposed market-rate units, unless the alternative location is in a Planning Area designated by the Planning Board in which at least 45% of the United States Census Tracts have a median household income of at least 150% of the County-wide median household income.
(4)
Production Schedule. Each alternative location agreement under this Section must include a schedule, binding on the applicant, for timely completion or acquisition of the required number of MPDUs.
(5)
Council Notification. The Director must notify the Council in writing within ten (10) days of approving an alternative location agreement under this Section.