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<section number="13-251" name="Alternative Compliance" law="code" slug="sec-13-251" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13HOPRST_DIV8MOPRHO_S13-251ALCO">
  <level label="a">
    <text>Alternative Payment Agreement.</text>
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>Required Findings. The Director may only approve an alternative payment agreement upon finding that:</text>
      <level label="A">
        <text>accepting payment will further the objective of providing a broad range of housing opportunities throughout the County; and</text>
      </level>
      <level label="B">
        <text>the required units will not be reasonably affordable to eligible purchasers under the program because of high common ownership community fees.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>Council Notification. The Director must notify the Council in writing within ten (10) days of approving an alternative payment agreement under this Section.</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <text>Alternative Location Agreement.</text>
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>Required Findings. The Director may approve an alternate location agreement only upon finding that:</text>
      <level label="A">
        <text>the public benefit of locating MPDUs at the proposed alternative location outweighs the value of locating MPDUs in each subdivision throughout the County;</text>
      </level>
      <level label="B">
        <text>building the MPDUs at the proposed alternative location will further the objective of providing a broad range of housing opportunities throughout the County; and</text>
      </level>
      <level label="C">
        <text>the alternative location agreement will increase the number of MPDUs.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>Council Notification. The Director must notify the Council in writing within ten (10) days of approving an alternative location agreement under this Section.</text>
    </level>
  </level>
</section>
