§ 36-7-14-51 — Findings for age-restricted housing program

(a) A commission must make the following
findings in the resolution adopting an age-restricted housing program
under section 49 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 52 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 52 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.

Legislative History

As added by P.L.7-2013, SEC.3.