3.1 Requirement for Payment to the Housing Initiative Fund. An Applicant for an approval or permit identified in Section 25A-5(a) who proposes development of between 11 and 19 dwelling units is not required to provide MPDUs, but must make a payment to the Housing Initiative Fund in the amount of one-half (0.5) percent of the Purchase Price of each dwelling unit, to be collected at settlement of each unit and forwarded to the County within three (3) business days of recordation of the deed. The payment must be accompanied by a copy of the signed settlement statement. Alternatively, the Applicant may provide MPDUs in the development in accordance with Chapter 25A.
3.2 Requirements of the Agreement to Build.
(a) Once the Planning Board has set the MPDU requirements for the subdivision, an Applicant must enter into a written Agreement to Build with the Department in a form approved by the Department. The Agreement to Build must be executed before any building permits within the subdivision may be issued by the Department of Permitting Services (DPS). The Agreement to Build must contain at least the following information:
(1) The name of the subdivision, the marketing name if different than the subdivision, and the apartment or condominium name, when applicable. A copy of the approved site plan, or the preliminary plan if no site plan is required, must be provided with the Agreement to Build.
(2) A plan for the staging of construction of all dwelling units that is consistent with Chapter 25A and any approved applicable land use, subdivision, or site plan.
(3) A draft copy of the applicable MPDU Covenants, either rental or sales.
(4) The Agreement to Build must identify all land at one location which is owned by or under contract of sale to the Applicant, or, will be available, or is being processed for development and individually or collectively will be subject to Chapter 25A.
(5) A specific listing of the MPDUs and market rate units, including development phase, lot, block, street address, number of bedrooms, and (for multi-family units) building designations and unit numbers. Property tax account numbers must be provided for the MPDUs, if available.
(6) For single-family dwelling units, a floor plan of each MPDU type with dimensions and square footage. For multi-family buildings, a floor plan of each MPDU type with dimensions and square footage, and a typical floor plan of the building(s) showing locations of MPDUs and market rate units on each floor, with a summary chart of location and bedroom compositions of the MPDUs and market rate units.
(b) The Department must determine that the Agreement to Build meets the requirements of Chapter 25A and this regulation. Any revisions to the Agreement to Build must be requested in writing by the Applicant, and approved in writing by the Director.
(c) A copy of the executed Agreement to Build must be submitted to DPS before the first building permit application in the subdivision is approved. DPS must not issue building permits in a subdivision having an MPDU requirement unless those units are included in the signed Agreement to Build. DPS must not issue a building permit for the final market-rate units in the subdivision until the building permit for the final MPDU in the subdivision has been issued.
3.3 Housing Programs Which Satisfy the MPDU Requirement. Federal, state, or local housing programs may be used to fulfill some or all of the MPDU requirements. When federal, state or local housing programs are used to comply with the requirements of Chapter 25A, the following conditions must be met:
(a) Sales prices or rental rates must be affordable to Eligible Households.
(b) The Director must determine that the controls on the sales prices or rents will contribute to the long term availability of moderately priced units and that the covenants on these units contain provisions for the County’s recapture of excess profits realized by an MPDU Owner as required in Chapter 25A.
(c) When a dwelling unit produced under an approved federal, state or local housing program is designated as an MPDU, the income limits and other requirements of that particular housing program apply during the compliance period for that program rather than the requirements set forth herein. If the compliance period for that program is shorter than the MPDU Control Period, the MPDU requirements must apply for the balance of the MPDU Control Period, unless the Director determines that the affordability term of the other program is equivalent to the MPDU requirement.
