Sec. 61. (a) A commission must make the following findings in the resolution adopting an age-restricted housing program under section 59 of this chapter:

(1) The program cannot be accomplished by regulatory processes or by the ordinary operation of private enterprise because of:

(A) the lack of public improvements;

(B) the existence of improvements or conditions that lower the value of the land below that of nearby land; or

(C) other similar conditions.

(2) The public health and welfare will be benefited by accomplishment of the purposes of the program.

(3) The accomplishment of the purposes of the program will be of public utility and benefit as measured by:

(A) an increase in the property tax base;

(B) encouraging an age-diverse population in the unit; or

(C) other similar public benefits.

(4) The program will enable the unit to encourage older residents to locate or relocate to the unit.

(5) The program will not increase the school-age population.

     (b) Any program for age-restricted housing established under this section and subject to the provisions of section 62 of this chapter may not require a developer, owner, or other interested party of any proposed or existing development to comply with any provisions of this section or the provisions of section 62 of this chapter unless the commission or its designated agent receives a notarized writing signed by the owner or owners of record of a development within the program area affirmatively indicating the owner’s or owners’ consent to comply. If the commission or its designated agent receives such a consent, the consenting party or the commission may terminate the application of this section to the proposed or existing development only if the commission and the consenting party agree to do so.

As added by P.L.7-2013, SEC.7.