Prior to the issuance of a building permit for the construction of any dwelling unit within an affordable housing development, the owner shall execute and record in the Cumberland County Registry of Deeds a declaration of covenants encumbering the entire affordable housing development, in a form that has been reviewed and approved by the Town Attorney. This declaration of covenants must provide that for a period of at least 30 years after completion of construction of an affordable housing development, the occupancy of at least 51% of the dwelling units therein shall remain limited to households whose taxable income is at or below 80% of local area median income for rental housing (or 120% of local area median income for owned housing), at the time of initial occupancy. Such restrictive covenants shall be enforceable by the Town of Gorham or its designee.

For any affordable housing development where not all units are "affordable," the developer shall designate which units are "affordable" and which are "market rate."