(A) Purpose. To ensure the integrity of the development plan and guarantee that modifications in the plan do not adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, covenant, easement or otherwise, shall be subject to the following provisions.
(B) Modifications. All provisions of the development plan authorized to be enforced by the city under this section may be modified, removed, or released by the city, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions.
(1) No such modification, removal, or release of the provisions of the development plan by the city shall affect the rights of the residents of the PUD to maintain and enforce those provisions, at law or equity, as provided in this section.
(2) No modification, removal, or release of the provisions of the development plan by the city shall be permitted except upon the findings by the Plan Commission. These findings must indicate that the changes are consistent with the efficient development and preservation of the entire PUD, do not adversely affect the enjoyment of land abutting upon or across the street from the PUD or the public interest, and is not granted solely to confer a special benefit upon any person.
(3) Residents of the PUD may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove, or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the city to enforce the provisions of the development plan in accordance with the provisions of this section.
(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999