Workforce housing shall comply with all of the following requirements.
(1) The project shall consist of dwelling units of any type or mixture and requirements applicable to dwellings in commercial and mixed use zoning districts do not apply.
(2) The property shall be encumbered by recorded deed restrictions that:
(i) the units be restricted to occupancy by eligible households under this section for at least 10 years for home ownership units and at least 30 years for rental units, except that the deed restriction may be 15 years for “lease to purchase” rental units;
(ii) at least 40% of home ownership units be occupied by a household with an income that does not exceed 100% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development;
(iii) at least 60% of rental units be occupied by a household with an income that does not exceed 60% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development;
(iv) the initial transfer of a home ownership unit to the original buyer of that unit shall be accompanied by a certification from Anne Arundel County or its designee that the buyer’s household income does not exceed the maximum allowed for that unit; and
(v) if the original buyer of a home ownership unit transfers title to that unit within 10 years, the transfer shall be accompanied by a certification from Anne Arundel County or its designee that the transferee’s household income does not exceed the maximum allowed for that unit.
(3) Maximum density shall be 22 dwelling units per acre.
(4) (i) Except as provided in subparagraph (ii), maximum coverage by structures and parking may not exceed 65% of the gross area of the lot.
(ii) In R15, Commercial, and Industrial Zoning Districts, maximum coverage by structures and parking may not exceed 80% of the gross area of the lot.
(5) Setbacks and height requirements shall be governed by the bulk regulations for R22 zoning districts.
(6) Workforce housing shall be served by public water and sewer.
(7) In an R5 or R10 Zoning District, direct vehicular access shall be located on a collector or higher classification road.
(8) The initial allowable maximum rental rates for rental units shall be established by the developer and approved by Anne Arundel County or its designee after obtaining and considering information and data dealing with current general market and economic conditions and the current minimum rental rates of privately produced market priced housing.
(Bill No. 54-19; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 47-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 83-23)