§ 25B-25. Execution of agreement; building permit issuance.

(a) Agreement.

(1) After the developer of a housing project has obtained approval from the Planning Board of a site plan that includes the number of workforce housing units approved under any applicable provision of Chapter 59 and all other necessary regulatory approvals, the Director and the developer must execute an agreement assuring compliance with this Article by the developer and any successor in interest. The Director must attach a copy of the approved site plan to this agreement.

(2) The agreement must incorporate a staging plan for the construction of workforce housing units, the mix of dwelling unit sizes and types, and the maximum selling price or annual rent for each unit. The staging plan must require all workforce housing units to be built before or at the same time as the other dwelling units. Where appropriate, the agreement must reflect conditions required as part of other regulatory approvals.

(3) The agreement must require that the number of efficiency and one-bedroom workforce housing units each must not exceed the ratio that market-rate efficiency and one-bedroom units respectively bear to the total number of market-rate units in the subdivision. The Director must not approve an agreement that reduces the number of bedrooms required by this subsection in any workforce housing unit.

(b) Issuance of building permit. The Director of Permitting Services must not issue a building permit for any development where workforce housing units are approved under Chapter 59 until the agreement required by subsection (a) is executed. After an agreement is executed under subsection (a), the Director must certify to the Director of Permitting Services before a building permit is issued that all applicable requirements of this Article have been met. If all workforce housing units are not built before or at the same time as other dwelling units as required in the staging plan, the Director of Permitting Services may:

(1) withhold any later building permit for any part of the same development until all workforce housing units designated in the staging plan are built;

(2) issue a stop work order, effective until all workforce housing units designated in the staging plan are built; or

(3) withhold any use and occupancy permit for other units in the development until all workforce housing units designated in the staging plan are built. (, § 1; , § 2.)