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The director may authorize the issuance of building and related permits required for residential construction under this provision for up to six model homes/units on a single tract of land prior to obtaining final plat approval provided the following criteria are met:

A. The model homes/units will be constructed in compliance with the preliminary plat and BMC Title 20 on a tract of land that has valid preliminary plat and associated land use approvals; and

B. A public facilities construction agreement for all required public infrastructure necessary to serve the model homes/units, including a storm water permit, has been issued; and

C. A covenant, signed by all parties having an ownership interest in the property, is filed prior to building permit issuance that restricts the transfer of ownership and occupancy of those model homes/units and land until a final plat has been filed for record at the Whatcom County auditor’s office; and

D. The model homes/units are not occupied for habitable purposes until a final plat has been filed at the Whatcom County auditor’s office and each home has been issued a final building inspection. Building and related permits shall be issued only to the property owner or a licensed contractor acting on the owner’s behalf; and

E. A financial surety, acknowledged by all parties having an ownership interest in the property including beneficiaries of a deed of trust, is established to ensure the demolition of the model homes/units in the event the preliminary plat expires prior to filing a final plat. [Ord. 2018-12-036 § 2 (Exh. A)].