3.1 Requirements of the Agreement to Build WFH Units.
(a) Once the Planning Board has set the WFH Unit requirements for the Workforce Housing Project, a Developer must enter into a written Agreement to Build WFH Units with Department in a form approved by the Department. This Agreement must be executed before any building permits may be issued by the Department of Permitting Services (DPS). This Agreement must contain at least the following information:
(1) The name of the project, the marketing name if different than the name submitted to the Planning Board, the apartment or condominium name, and the site plan, preliminary plan and project plan numbers, when applicable. A copy of the approved preliminary plan, site plan, project plan, or the record plat must be provided with the agreement.
(2) A plan for the staging of construction of all dwelling units that is consistent with Chapter 25B and any approved applicable land use, subdivision, or site plan.
(3) A copy of the applicable covenants, either rental or sales covenants.
(4) The Agreement must identify all land which is owned by or under contract of sale to the Developer, or, will be available, or is being processed for development and individually or collectively will be subject to Chapter 25B. For subsequent WFH Unit construction agreements, it will be necessary only to update this statement.
(5) A list showing the street addresses, unit numbers, and tax identification numbers, if known, for the WFH units, MPDUs, and market rate units.
(b) The Department must determine that the Agreement meets the requirements of Chapter 25B and these regulations. The Department will not enter into an agreement where the sizes of the individual WFH Units are less than 90% of the number of square feet of the average size of individual market rate units containing the same number of bedrooms.
(c) Any revisions to the Agreement must be requested in writing from the Developer, and if approved by the Department, the approval must be in writing from the Director and affixed to the Agreement as an amendment in a form approved by the Department.
(d) A copy of the executed Agreement must be submitted to DPS with the first building permit application for the project. DPS must not issue building permits in a project having a WFH Unit requirement unless those units are included in the signed Agreement.
(e) The Department may enter into and execute agreements to build WFH Units with Developers who are not required to build WFH Units, but who want to enter into such an agreement voluntarily.
3.2 Housing Programs Which Satisfy the WFH Unit Requirement. Federal, state, or local housing programs may be used to fulfill WFH Unit requirements. When federal, state or local housing programs are used to comply with the requirements of Chapter 25B, the following conditions must be met:
(a) Sales prices or rental rates must be affordable to households within the WFH Unit income ranges.
(b) The Director must determine that the controls on the sales prices and/or rents will contribute to the long term availability of WFH Units and that the covenants on these units contain provisions for the County’s recapture of excess profits realized by a WFH Unit owner as required in Chapter 25B.