Housing For All Calvert (HFAC)

 

Inclusionary Zoning Article

Submitted by HFAC, November 30, 2005

Revised:  March 24, 2006

Table of Contents

Table of Contents
Article 5-5. Inclusionary Housing

I. Introduction or Preambles………………………………………………………………………..3
5-5-01. Title.
5-5-02. Purpose and Intent.
5-5-03. Findings.
5-5-04. Definitions.

II. Affordable Housing Requirement…………………………………………………………….………. 6
5-5-05. Applicability.
5-5-06. Commercial Development.
5-5-07. Percentage of Affordable Dwelling Units Required in
Covered Residential Developments.

III. Occupancy Requirement…………………………………………………………....................7 5-5-08. Eligibility of Households for Affordable Dwelling Units.
5-5-081. Target Income levels for Affordable Dwelling Units.

IV. Cost Offsets. …………………………………………………………........................................8 5-5-09 Density Bonus/ Additional Cost Offsets.

V.Compliance/Administration…………………………………………….............9
5-5-10. Compliance Procedures.
5-5-11. Appropriate Rental and Sales Prices for Affordable Dwelling Units.
5-5-12. Integration of Affordable Dwelling Units.
5-5-13. Affordability Controls.
5-5-14. Alternatives to on-site Affordable Dwelling Units.

5-5-141. Developing Units off-site.
5-5-142. Payment of a Fee In Lieu.
5-5-143. Rehabilitating and Preserving.
5-5-144. Land Donation.

5-5-15. Enforcement.
5-5-16. Severable.
5-5-17. Effective Date.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY, MARYLAND

SECTION ONE: A new article of the Zoning Code of Calvert County is hereby created as follows:

Article 5-5. Inclusionary Housing Ordinance.

5-5-01. Title.

This Article 5-5, Sections 5-5-01 through 5-5-17 shall be entitled and referred to as the “Inclusionary Housing Ordinance”.

5-5-02. Purpose and Intent.

(A) Purpose:

(1) To promote the goal of increasing affordable housing as articulated in the 2004 Comprehensive Plan for Calvert County and as recommended by the Affordable Housing Task Force in their report to the Board of County Commisioners in 2004; and to:
(2) Encourage the availability of a variety of housing types to serve different age groups, family sizes, and incomes of Calvert County residents.
(3) Encourage a mix of family income ranges and a variety of housing types within new communities.
(4)Promote theintegration of housing and jobs available in the County.
(5) Ensure an adequate percentage of homes are affordable.

(B) Intent:

(1) To require developers of 10 or more Dwelling Units – excluding Legacy Lots – and Commercial Development to contribute a proportionate share of affordable housing, or fees in lieu thereof, to ensure that an adequate stock of affordable housing is available to residents of Calvert County.

5-5-03. Findings.

(A) The 2004 Report of the National Low Income Housing Coalition has determined that there is a shortage of affordable rental units in Calvert County for households earning up to 50% of the Area Median Income; and, there is a shortage of affordable owner-occupied units in Calvert County for households earning up to 80% of the Area Median Income.

(B) Based on statistics compiled by the National Low Income Housing Coalition, many public employees and key occupations that serve the community already cannot afford to live in Calvert County and this trend is accelerating.

(C) The National Low Income Housing Coalition has determined that an increasing number of persons in low and moderate income households devote an excessive percentage of their income to pay for housing;

(D) Based upon the review and consideration of reports and analyses of the housing situation in Calvert County, it is apparent that, with the exception of housing developed in partnership with local, state or federal subsidies, the privately developed new residential housing being built in Calvert County is generally not affordable to low- and moderate-income households.

(E) As a result, low and moderate income households are unable to live in many new neighborhoods, creating economic stratification in the County detrimental to the public health, safety and welfare

(F) As the County’s Comprehensive Plan illustrates, a limited amount of appropriate land remains for new residential development. Therefore, it is essential that a reasonable proportion of such land be developed into housing units affordable to low- and moderate-income households.

(G) The first recommendation of the Governor’s Commission on Housing Policy is for local jurisdictions to develop and enact housing plans that will equitably address affordability for all incomes, including workforce families/individuals, seniors, individuals with disabilities and the homeless. Delegates from Montgomery, Frederick and the Baltimore metropolitan region, are considering proposals that would mandate the creation of inclusionary zoning ordinances, in every county, state-wide. 

5-5-04. Definitions.

(A)For the purpose of administering this Article:

“ADMINISTRATOR” or “COMMISSIONER” means [head of or Executive Director of] the “Department”.

“AFFORDABLE HOUSING” means decent, safe, and sanitary housing that is affordable to Eligible Households as defined below. The cost of such housing shall not exceed 30% of the Qualified Household’s gross income (the total income of all adults over eighteen years of age in said household).

“AFFORDABLE DWELLING UNIT” means any unit of affordable housing built to satisfy the requirements of this chapter.

“AFFORDABLE HOUSING TRUST FUND” means the fund created by Calvert County  pursuant to the relevant codes.

“APPLICANT” means any “Developer” who applies to the “Department” to receive approval of a “Covered Development” pursuant to this Article.

“AREA MEDIAN INCOME” means the median income level for Calvert County, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, and adjusted for household size.

“CERTIFICATE OF QUALIFICATION” means a certificate issued by the Department establishing a Qualified Household’s eligibility to purchase or rent an Affordable Dwelling Unit. Certificates of Qualification shall be valid for six months.

“COMMERCIAL DEVELOPMENT” means the construction of any commercial or industrial project, as defined by the Zoning Code, for which a tentative site plan or building permit application was received after Janaury 1, 2006.

“CONSUMER PRICE INDEX” has the meaning in the “Consumer Price Index for All Urban Consumers” (U.S. City Average, All Items: Base 1982-84=100) as published by the United States Department of Labor, Bureau of Labor Statistics.

 “CONTROL PERIOD” means a 30-year period for owner-occupied housing and a 50-year period for rental housing during which the affordability restrictions imposed by this Article shall apply. The control period begins at the time of first occupancy of the affected unit. 

“COVERED DEVELOPMENT” means “Residential Development,” “Substantial Rehabilitation,” “Condominium Conversion”, or “New Use” including or resulting in 10 or more Dwelling Units on contiguous land under common ownership or control by an Applicant at one location within Calvert County. All developments, including phased developments, shall be subject to the provisions of this Article.

“DEPARTMENT” means, the Housing Authority of Calvert County or whichever entity is selected or created to administer this Article.

“DEVELOPER” means any person, firm, corporation, partnership, limited liability company, association, joint venture, or any entity or combination of entities that develops Dwelling Units, but does not include any governmental entity or a Housing Provider as defined herein.

“ELIGIBLE HOUSEHOLD” means, defined by the provisions of Section 5-5-09.

“FINANCIAL ASSISTANCE” means any financial assistance provided or made available by Calvert County including, but not limited to, grants, direct or indirect loans, tax increment financing, and allocation of tax credits for development of Dwelling Units, including whenever the County sells real property to any developer for the purpose of the development of 10 or more Dwelling Units, and the sale price is less than the fair market value of the property.

“HOUSING PROVIDER” means a non-profit entity designated by Calvert County. A Housing Provider must manage at least ten units of rental housing.

“INCLUSIONARY HOUSING PLAN” has the meaning set forth in Section 5-5-10 of this Chapter.

“MARKET RATE DWELLING UNITS” means all Dwelling Units in a Covered Development that are not Affordable Dwelling Units as defined herein.

“NEW USE” means the change of an existing building from non-residential to residential development.

“QUALIFIED HOUSEHOLD” means an Eligible Household that has received a Certificate of Qualification from the Department, as set forth in Section 5-5-08 herein.

“SUBSTANTIAL REHABILITATION” means the reconstruction, enlargement, installation, repair, alteration, removal and replacement, improvement or renovation of a building, structure, dwelling unit, or portion thereof requiring a permit issued by the County that results in a change of occupancy; provided the cost for the project must be $ 25,000 or more (to be readjusted annually in accordance with the Consumer Price Index) per rehabilitated Dwelling Unit, on an aggregate basis. Any rehabilitation in a building or structure performed within an twelve month period will be considered the same project for the purposes of this Article.

“RESIDENTIAL DEVELOPMENT” means new residential construction or new mixed-use construction with a residential component.

5-5-05. Applicability.

The provisions of this chapter shall apply to all development that result in or contain 10 or more residential dwelling units. The types of development subject to the provisions of this Article, include the following;

(A) A development that is a “Residential Development.”

(B) A development that involves “Substantial Rehabilitation.”

(C) A development that involves “New Use.”

(D) A development that involves a “Condominium Conversion.”

(E) The provisions of this chapter shall apply to all Commercial Development as defined herein.

(F) Exemption: This Article does not apply to the rehabilitation of any building or structure, all of or substantially all of which is destroyed or damaged by fire or other casualty or act of God; provided, however, no rehabilitation nor repair shall increase the density, bulk or size of any such building or structure which previously existed prior to the damage or destruction thereof without triggering the requirements of this Article.

5-5-06. Commercial Development.

(A) Approval of a site plan or building permit for Commercial Development requires the payment of an annual fee to the Affordable Housing Trust Fund for every fifteen employees within a 12-month period,  to be set by the Board of County Commissioners. The Board of County Commissioners may annually review the fee authorized by this Section, and may, based on that review, adjust the fee amount by resolution. For any annual period during which the County does not review the fee authorized by this subsection, fee amounts will be adjusted once by the Commissioners or their designated agent based on the appropriate cost index.

(B) Alternative Housing Proposal. In lieu of paying a fee to the Affordable Housing Trust Fund and to the extent permitted by the County’s Comprehensive Plan, zoning ordinance and other applicable laws, a Developer may propose an Alternative Housing Proposal to build Affordable Dwelling Units on the site of the Commercial Development or on another site sufficiently close to the Commercial Development site to serve the housing demand created by the development. Developers making an Alternative Housing Proposal must do so by submitting an Affordable Housing Plan and entering into an approved Inclusionary Housing Agreement as provided by Section 5-5-10(C).

5-5-07. Percentage of Affordable Dwelling Units Required in Covered Residential Developments.

(A) General requirement. Where a Covered Development does not receive Financial Assistance, 15% of the total number of Dwelling Units shall be Affordable Dwelling Units and shall be located on the site of the Covered Development. Exceptions to this general requirement are set forth in Section 5-5-14.  Where a Covered Development receives Financial Assistance, 20% of the total number of Dwelling Units shall be Affordable Dwelling Units and shall be located on the site of the Covered Development, or higher, if required by the assisting entity, unless overruled by their parameters. 

(B) Calculation. To calculate the number of Affordable Dwelling Units required in a Covered Development, the total number of proposed Dwelling Units shall be multiplied by 20% or 15% as required in Subsection A. In the event that such requirement results in a fraction of a unit, the fraction shall be rounded up to the nearest whole number.

5-5-08. Eligibility of Households for Affordable Dwelling Units.

(A) Eligibility for rental or purchase of Affordable Dwelling Units shall be based on household size and income. The Affordable Dwelling Units shall be restricted to occupancy by households whose household income does not exceed 80% of the Area Median Income. (B) An Eligible Household must receive a “Certificate of Qualification” from the Department to become a Qualified Household for Affordable Dwelling Units.

5-5-081. Target Income levels for Affordable Dwelling Units.

(A) Rental of Affordable Dwelling Units. In a Covered Development that contains rental Dwelling Units, (i) at least one and no fewer than 20% of the Affordable Dwelling Units shall be rented to households with gross incomes not exceeding 20% of the Area Median Income at a price, as determined pursuant to Section 5-5-11 of this Article, that, on average, is affordable to households with an annual income not exceeding 15% of Area Median Income; (ii) at least one and no fewer than 40% of the Affordable Dwelling Units shall be rented to households with gross incomes not exceeding 50% of the Area Median Income at a price, as determined pursuant to Section 5-5-11 of this Article, that, on average, is affordable to households with an annual income not exceeding 45% of Area Median Income; (iii) any remaining Affordable Dwelling Units shall be rented or leased to households with gross incomes between 51% and 80% of the Area Median Income at a price, as determined pursuant to Section 5-5-11 of this Article, that, on average, is affordable to a household with an annual income that is 65% of Area Median Income.

(B) Owner-Occupied Affordable Dwelling Units. In Covered Developments that contain for-sale Dwelling Units, (i) at least one and no fewer than 20% of the Affordable Dwelling Units shall be sold to Eligible Households with gross incomes not exceeding 30% of the Area Median Income at a price, as determined pursuant to Section 5-5-11 of this Article, that, on average, is affordable to a household with an annual income that is 20% of the Area Median Income; (ii) at least one and no fewer than 40% of the Affordable Dwelling Units shall be sold to Eligible Households with gross incomes not exceeding 50% of the Area Median Income at a price, as determined pursuant to Section 5-5-11 of this Article, that, on average, is affordable to a household with an annual income that is 45% of the Area Median Income; (iii) any remaining Affordable Dwelling Units shall be sold to households with gross incomes not exceeding 80% of the Area Median Income at a price, as determined pursuant to Section 5-5-11 of this Article, which, on average, is affordable to a household with an annual income not exceeding 70% of the Area Median Income.

5-5-09. Cost Offsets.

(A) Density Bonus: For all Covered Developments, a density bonus shall be provided equal to 1.5 Market Rate Dwelling Units for each Affordable Dwelling Unit required under this Article.

(B) Additional Cost Offsets: For all covered developments, an applicant may request and shall receive one or more of the following cost offsets. The goal of these cost offsets in conjunction with the density bonus in Subsection A is, to the extent feasible, to counterbalance the cost of providing affordable housing units required under this Article. Additional offsets may include but are not limited to:

(1) A waiver of all or some percentage of development, zoning, building permit, (including TDR’s) or other permit review or impact fees levied by Calvert County for the Affordable Dwelling Units in the Covered Development.

(2) A reduction in the minimum lot area per Dwelling Unit requirement by no more than 50%.  

(3) The ability to build accessory units on site.

(4) Streamlined permitting. Calvert County shall issue special permits that will be given priority processing to the maximum extent feasible consistent with the public health, safety and welfare.

5-5-10. Compliance Procedures.

(A) Application. For all Covered Developments, the Applicant shall file an application for approval on a form provided and required by the County. The application shall require, and the Applicant shall provide, among other things, general information about the nature and scope of the Covered Development, as well as other documents and information that the Department may require. The Application shall include, and the Applicant shall provide, the Inclusionary Housing Plan enumerated under Subsection (B) of this section.

(B) Inclusionary Housing Plan. As part of the approval of the Covered Development, the Applicant shall present to the Department for its approval an Inclusionary Housing Plan that outlines and specifies the Covered Development’s compliance with each of the applicable requirements of this Article. The Inclusionary Housing Plan shall specifically contain, at a minimum, the following information regarding the Covered Development:

(1) A general description of the Covered Development, including whether the Covered Development will contain rental Dwelling units or owner-occupied Dwelling Units, or both.

(2) The total number of Market Rate Dwelling Units and Affordable Dwelling Units in the Covered Development.

(3) The number of bedrooms in each Market Rate Dwelling Unit and each Affordable Dwelling Unit.

(4) The square footage of each Market Rate Dwelling Unit and each Affordable Dwelling Unit.

(5) The location within any multiple-family residential structure and any single-family residential development of each Market Rate Dwelling unit and each Affordable Dwelling Unit.

(6) The pricing schedule for each Market Rate Dwelling Unit and each Affordable Dwelling Unit.

(7) The phasing and construction schedule for each Market Rate Dwelling Unit and each Affordable Dwelling Unit.

(8) Documentation and plans regarding the exterior and interior appearances, materials, and finishes of the Covered Development and each of its Dwelling Units.

(9) A description of the marketing plan that the Applicant proposes to utilize and implement to promote the sale or rental of the Affordable Dwelling Units within the Covered Development.

(10) Any proposal to elect an Alternative to on-site Affordable Dwelling Units enumerated in Section 10-10-140 shall be described.

(C) Agreement

Prior to issuance of a building permit for any Covered Development, the Applicant shall have entered into an agreement with the County regarding the specific requirements and restrictions on the Covered Development. The Applicant shall agree to execute any and all documents deemed necessary by the County including without limitation, restrictive covenants and other related instruments, to ensure the continued affordability of the Affordable Dwelling Units in accordance with this Chapter. The Agreement shall set forth the commitments and obligations of the County and the Applicant, and shall incorporate, among other documents, the Inclusionary Housing Plan. The Agreement shall also contain the applicability of any one or more of the alternatives to the provision of on-site affordable housing units as set forth in Section 5-5-14 of this Article. The Agreement may be modified by mutual consent of the Applicant and the Department, as long as the modified agreement remains in conformity with this Article.

5-5-11. Appropriate Rental and Sales Prices for Affordable Dwelling Units.

(A) Pricing Schedule. The Board of County Commissioners, through the Housing Authority of Calvert County, shall publish a Pricing Schedule of rental and sales prices for Affordable Dwelling Units in accordance with the following provisions.

(1) In calculating the rental and sales prices of Affordable Dwelling Units, the following relationship between unit size and household size shall apply:

Efficiency units: 1 person household

One-bedroom units: 2 person household

Two-bedroom units: 3 person household

Three-bedroom units: 4 person household

Four-bedroom and larger units: 5 person household

 

(2) With respect to owner-occupied Affordable Dwelling Units, prices shall be calculated on the basis of:

(a) An available fixed-rate 30-year mortgage, consistent with the average rate published from time to time by Freddie Mac;

(b) A down payment of no more than 5% of the purchase price;

(c) A calculation of property taxes;

(d) A calculation of homeowner’s insurance; and

(e) A calculation of condominium or homeowner association fees.

(3) With respect to rental Affordable Dwelling Units, monthly rents will be calculated on the basis of 30% of gross monthly income, adjusted for household size, minus an allowance for the monthly cost of utilities.

5-5-12. Integration of Affordable Dwelling Units.

(A) Location of Affordable Dwelling Units. Affordable Dwelling Units shall be dispersed among the Market Rate Dwelling Units throughout the Covered Development.

(B) Phasing of Construction. The Inclusionary Housing Plan shall include a phasing plan that provides for the timely and integrated development of the Affordable Dwelling Units throughout the Covered Development. The phasing plan shall provide for the development of the Affordable Dwelling Units concurrently with the Market Rate Dwelling Units. Building permits shall be issued for the Covered Development based upon the phasing plan. The phasing plan may be revised by the Commissioner at the request of the Applicant when necessary in order to account for the different financing and funding environments, economies of scale, and infrastructure needs applicable to development of the Market Rate and the Affordable Dwelling Units. The phasing plan shall also provide that the Affordable Dwelling Units shall not be the last units to be built in any Covered Development.

(C) Exterior Appearance. The exterior appearance of the Affordable Dwelling Units in any Covered Development shall be visually compatible with the Market Rate Dwelling Units in the Covered Development. External building materials and finishes shall be substantially the same in type and quality for Affordable Dwelling Units as for Market Rate Dwelling Units.

(D) Interior Appearance and Finishes. Affordable Dwelling Units may differ from Market Rate Dwelling Units with regard to interior finishes and gross floor area provided that:

(1) The bedroom mix of Affordable Dwelling Units shall be in equal proportion to the bedroom mix of the Market Rate Dwelling Units.

(2) The differences between the Affordable Dwelling Units and the Market Rate Dwelling Units shall not include improvements related to energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems.

5-5-13. Affordability Controls.

(A) Control Period (or Period of Affordability): In covered developments that contain for-sale units, affordable dwelling units shall be resold to low- and moderate-income households for 30 years In covered developments that contain rental units, affordable dwelling units shall be rented to low- and moderate-income households for 50 years.

 (B) Initial Sale or Rental to General Public.

(1) Every Affordable Dwelling Unit required to be established under this Article shall be offered for sale or rental to a Qualified Household to be used for its own primary residence, except for units purchased by Housing Providers.

(C) Initial Sale or Lease to Housing Provider.
Housing Providers shall have a 30-day option to commence purchase of up to 15% of owner-occupied or lease up to 50% of rental of the Affordable Dwelling Units. Housing Providers shall receive advance notification of available Affordable Dwelling Units by the Department. An interested Housing Provider shall have the pre-emptive option and right, but not obligation, to purchase each of the for-sale affordable housing units prior to any sale of any such unit. Housing Providers, upon taking possession of an Affordable Dwelling Unit, may subsequently lease or re-sell the Affordable Dwelling Unit to Eligible Households only.

(D) Control of resale prices.

(1) The maximum sales price, with the exception of foreclosure sales, permitted on resale of an Affordable Dwelling Unit shall be the lesser of:

(a) The original purchase price plus an inflation adjustment of the original purchase price calculated in accordance with the Consumer Price Index (using the year of the prior sale as the base year) and allowances for closing costs and sales commissions not paid by the seller. OR

(b) The affordable sales price as determined by Section 5-5-11 of this Article.

(2) The owner of any Affordable Dwelling Unit shall notify the Department of his or her intent to offer the Affordable Dwelling Unit for resale 90 days before such offer is made. The Department shall determine the maximum allowable sale price of said Affordable Dwelling Unit, pursuant to Subsection D(1) of this Section. The Department shall then notify Housing Providers. The Affordable Dwelling Unit may be resold to any Qualified Household or Housing Provider.

(E) First sale after control period ends

(1) Upon the first sale of an Affordable Dwelling Unit after the Control Period ends, the seller shall pay to the Department a sum equal to half of the difference between the actual sales price and the affordable sales price as determined by the Department under Section 5-5-13 (C)(1). Such sums shall be deposited into the Affordable Housing Trust Fund.

(2) The Department shall reasonably determine whether the price and terms of a resale covered by the preceding paragraph are bona fide. Upon a finding of compliance, the Department shall instruct the County to terminate the affordable housing controls and execute a release of all applicable restrictive covenants.

(3) If an Affordable Dwelling Unit is sold through a foreclosure or other court-ordered sale, any remaining net proceeds shall be returned to the Department and deposited into the Affordable Housing Trust Fund.

5-5-14. Alternatives to on-site Affordable Dwelling Units.

In lieu of the provision of affordable housing on the site of the Covered Development as otherwise provided in Section 5-5-07, the Board of County Commissioners, following consideration by and a recommendation from the Housing Authority, may approve one or more of the three alternatives for affordable housing. Applicants may establish Affordable Dwelling Units either in combination with onsite Dwelling Units or as alternatives to onsite Dwelling Units by any combination of the following:

(A) Developing or otherwise producing 2 times the number of required Affordable Dwelling Units at a site within the County other than the site of the Covered Development pursuant to Section 5-5-141.

(B) Paying a fee in-lieu of developing Affordable Dwelling Units pursuant to Section 5-5-142 .

(C) Land Donation, pursuant to Section 5-5-143

5-5-141. Developing Units off-site.

Upon request, the Department may grant an Applicant the option to develop or otherwise produce 2 times the number of Affordable Dwelling units off-site. The Applicant must make the request in its Inclusionary Housing Plan submitted to the Department. To grant approval of this alternative, the Department must find that the Applicant has demonstrated that developing the Affordable Dwelling Units on-site would create a significant hardship or that the alternate means of compliance will further affordable housing opportunities in Calvert County to an equal or greater extent than compliance with the otherwise applicable on site requirements of this Article.

5-5-142. Payment of a Fee In-Lieu.

(A) As of right, the Applicant may pay a fee-in-lieu, as described herein Subsection B (1), of developing Affordable Dwelling Units when the Covered Development contains 20 or fewer Dwelling Units.

(B) Upon request, the Department may grant an Applicant the option to pay a fee in-lieu of developing Affordable Dwelling Units where Covered Developments contain greater than 20 Dwelling Units. The “Applicant” must make the request in its “Inclusionary Housing Plan” submitted to the “Department.” In granting such approval, the Department must find that the Applicant has demonstrated that developing the Affordable Dwelling Units on site would create a significant hardship or that the alternate means of compliance will further affordable housing opportunities in the County to an equal or greater extent than compliance with the otherwise applicable on site requirements of this Article.

(1) If an Applicant receives approval, the Applicant may pay a fee in-lieu of developing an Affordable Dwelling Unit. The fee shall be adjusted according to the Consumer Price Index on January 1 of each year. For 2006, the fee shall be $100,000 per affordable residential unit.

(C) Use of Fee in-lieu.

(1) All fees collected pursuant to Subsection A shall be deposited into the Affordable Housing Trust Fund.

 (2) Fees may be used by Housing Providers to purchase Affordable Dwelling Units.

(3) Up to one percent (1%) of the fees may be used to administer the Affordable Housing Trust Fund.

5-5-143. Land Donation.

(A) Applicant may propose to convey land to the County that is suitable in size, location and physical condition for the purpose of developing significantly the same or more Affordable Dwelling Units than possible on the site of the Covered Development. The land must be suitable in size, location and physical condition for residential development, as determined by the Hosing Authority of Calvert County or agency so appointed or created by the Board of County Commissioners.

5-5-15. Enforcement.

(A) The provisions of this chapter shall apply to all agents, successors and assignees of an Applicant.

(B) The Board of County Commissioners may institute injunction, mandamus, or any other appropriate legal actions or proceedings for the enforcement of this Article. In addition, any person, firm, or entity, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable for each offense by the payment of a fine of not more than $1,000 dollars per day. Such person, firm, or entity shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this Article is commenced, continued, or permitted by such person, firm, or entity, and shall be punishable as herein provided.

(C) An owner of an Affordable Dwelling Unit governed by this Article who does not occupy the unit as his or her primary residence shall be required to offer the unit for resale under the provisions of Section 10-10-130(C).

(D) A lessee of an Affordable Dwelling Unit governed by this Article who does not occupy the unit as his or her primary residence shall be required to vacate said unit.

5-5-16. Severable.

In the event any part or parts of this Ordinance shall be found to be unlawful or unconstitutional by a court of competent jurisdiction, such unlawfulness or unconstitutionality shall not affect the validity of the remaining parts of this Ordinance.

5-5-17. Effective Date.

This ordinance shall be in force and effect upon its passage by the Board of County Commissionersafter proper publication and public hearing, but shall not apply to any development agreement or other agreement specifically authorized by the County prior to the dateof passage.