(a) Generally. Subdivision and site development plans consisting of adult independent dwelling units:
(1) may not be revised to permit any other classification of dwelling units on the site until a new application for subdivision or a new site development plan is filed and the new application is tested and approved for adequacy of public facilities as required by § 17-5-202 and a new record plat is approved by the Planning and Zoning Officer; and
(2) shall be located on land that is subject to a declaration of covenants, conditions, and restrictions, declaration of condominium, or other document that requires the occupied units to be occupied by at least one person who is 55 years of age or older and prohibits resident minor children, and such declaration or other document shall be in a form acceptable to the County Office of Law, recorded in the County land records and referenced on the record plat.
(b) Elimination of age restriction. Upon approval of an application for the subdivision, resubdivision, or development of land occupied by adult independent dwelling units, the developer shall provide:
(1) a proposed record plat identifying the property, signed by all owners of record and removing all references to age restriction;
(2) an amended declaration of covenants, conditions, and restrictions, declaration of condominium, or other document that removes the age limitation on use and occupancy of the land, and such declaration or other document shall be in a form acceptable to the County Office of Law and shall be recorded in the County land records as necessary; and
(3) school impact fees as required by Title 11, which shall be paid prior to record plat approval, except in instances where no residential dwelling units have been constructed and the required school impact fees may be collected upon issuance of a building permit.
(c) Minimum requirements. A residential subdivision that is subject to covenants, conditions, or restrictions imposing an age restriction on occupancy shall consist of no fewer than six lots with no fewer than six dwelling units.
(d) Prohibition. A residential subdivision containing adult independent dwelling units may not contain any other classification of dwelling units.
(e) Enforcement. The homeowners association, community association, council of condominium owners, or other appropriate private entity owning the site or the adult independent dwelling units shall publish and strictly enforce age restriction limitations on the use of property developed pursuant to this section, in accordance with 42 U.S.C. 3601, et seq.
(Bill No. 59-10; Bill No. 106-15)