(A) Purpose. The purposes of these PRD provisions are:
(1) To encourage innovations in residential development and renewal so that demand for housing may be met by greater variety and maximum choice in the type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings;
(2) To provide, through such innovations, greater opportunities for better housing and recreation for present and potential residents of the county;
(3) To encourage a more efficient use of land and services and to reflect changes in the technology of land development so that the economies secured may enure to the benefit of those who need homes;
(4) To permit greater flexibility in the design of developments to conserve natural resources such as streams, lakes, floodplains, wetlands, wooded areas, steeply sloped areas, areas of unusual beauty and significant natural habitats;
(5) To make sure that the provisions of this chapter which are concerned with the uniform treatment of dwelling type, bulk, density and open space within each zoning district may be applied flexibly, in a manner which would not distort the objectives of this chapter, when dealing with the improvement of land by other than lot-by-lot development; and
(6) To establish a procedure which can relate the type, design and layout of residential development to the particular site and the demand for housing at the time of development, in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development established hereby is carried out following sound, expeditious and fair standards and procedures.
(B) Eligibility. A proposed development shall be eligible to use the provisions of this section only if all of the following requirements are met:
(1) Zoning districts. The proposed PRD is in the RD, LR2, LR1, TR or TC Districts.
(2) The proposed PRD shall consist of 1 or more contiguous parcels of land under ownership, purchase agreement, option to purchase, leasehold agreement or other similar legal agreement by a single legal entity to own and/or develop the land. One or more phases of a PRD may be transferred to and be developed by a separate legal entity provided that the originating legal entity first secures preliminary approval of the specific phase or phases to be developed. A subsequent legal entity may file an application for final approval provided that the final plan shall conform substantially to the preliminary approved plan.
(3) Minimum acreage. The proposed PRD shall contain a minimum number of contiguous acres in accordance with the following schedule:
(a) In the LR2 - Lake Residential 2 District: 30 acres.
(b) In the LR1 - Lake Residential District 1 or CR-2 Commercial Resort 2: 15 acres.
(c) In the TR - Town Residential District: 8 acres.
(d) In the TC - Town Center District: 5 acres.
(4) Utilities. All principal buildings within the proposed PRD shall be connected to county-approved central water and county-approved central sewage services. All new electric service and telephone lines shall be placed underground.
(C) Types and densities of land uses.
(1) Housing types. A PRD may contain more than 1 type of residential use, provided that such use(s) are otherwise permitted in the applicable Zoning District under § 157.024.
(2) Subject to the provisions of § 157.024, commercial uses may be permitted in a PRD to the extent that they are designed and intended to serve the daily and convenient shopping and personal service needs of the residents in the PRD and are compatible and harmoniously incorporated into the design of the PRD. A market feasibility study to show need shall be provided by the developer.
(3) If permitted, commercial uses shall not occupy more than 5% of the total PRD acreage, and no such areas shall be counted in measuring the total lot area of the PRD for the purpose of computing maximum residential densities.
(4) Maximum density. The maximum number of dwelling units for the total PRD, excluding permitted nonresidential uses, shall be determined based upon the maximum average number of dwelling units per gross acre as follows:
(a) In the LR2 district - 1 dwelling unit per 2 acres, regardless of the dwelling type, with an incentive of 1 additional dwelling unit for each 15 acres within the PRD;
(b) In the LR1 district - 1 dwelling unit per acre, regardless of the dwelling type, with an incentive of 1 additional dwelling unit for each 15 acres within the PRD;
(c) In the TR district - 9 multiple dwelling units or townhouses per acre or 5 dwelling units per acre for other permitted types of dwellings; and
(d) In the TC district - 10 multiple dwelling units or townhouses per acre or 5 dwelling units per acre for other permitted types of dwellings.
(5) The total percent of the PRD site which is to be covered by buildings, roads, parking areas and other impervious areas shall not exceed 30% of the total lot area.
(6) Minimum open space. The percent of the PRD site to be included within common open space shall be no less than 25% of the total lot area. Common open space includes recreation areas, pedestrian uses areas, steep slopes, floodplains and easements free of paving and structures, but does not include parking areas, roads and yard areas within 25 feet of any residential building.
(D) Natural features analysis. To determine which specific areas of the total PRD are best suited for higher density development, and which areas should be preserved in their natural state as open space areas, a thorough analysis of the natural features of the site shall be provided by the applicant and shall address the following subject areas, at a minimum:
(1) Hydrology. Analysis and mapping of natural drainage patterns and water resources including streams, natural drainage swales, ponds or lakes, wetlands, floodplain areas, permanent high water table areas and seasonal high water table areas throughout the site;
(2) Geology. Analysis of characteristics of rock formations underlying the site including mapping of aquifers (particularly those locally subject to pollution), shallow bedrock areas and areas in which rock formations are unstable;
(3) Soils. Analysis, based upon the Garrett County Soil Survey, of types of soils present in the site area including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion and soils suitable for development;
(4) Topography. Analysis of terrain of the site including mapping of contour lines at vertical intervals of not more than 2 feet for land with average natural slope of 10% or less, and at intervals of not more than 5 feet for land with average natural slope greater than 10%, and including the delineation of slope areas over 20%, between 10% and 20% and under 10%;
(5) Vegetation. Analysis of tree and plant cover of the site, including delineation of principal wildlife habitat areas.
(E) Community impact analysis.
(1) To determine the impact of the PRD upon the county, analysis of the potential effects of the PRD upon public facilities, utilities and roadway systems shall be submitted by the developer.
(2) A comparison of the costs to the county versus the tax revenues expected to be produced by the PRD shall be included in the analysis. Market analysis data which estimates potential market demand for various types of housing in the area of the proposed PRD site shall also be presented.
(F) PRD site design principles. Conventional siting practices as specified in §§ 157.040 et seq., such as the setback and orientation of buildings in relation to lot lines, roads and other buildings, may be varied to produce attractive and interesting arrangements of buildings, subject to the following general requirements:
(1) Residential structures shall be located and arranged to promote privacy for residents within the PRD and to maintain privacy for residents adjacent to the PRD.
(2) Residential and other structures located near the periphery of the PRD shall be designed to be harmonious with neighboring areas.
(3) Residential and other structures located within 200 feet of the perimeter of a PRD shall be setback by a distance sufficient to protect the privacy of adjacent existing uses; no structure shall be located within 50 feet from the perimeter boundary line of the PRD site.
(4) The natural features of the PRD site shall be a major factor in determining the siting of residential structures. In addition, the effects of prevailing winds, seasonal temperatures and daily hours of sunlight shall be considered in designing and siting dwelling unit structures.
(5) Residential structures shall be located and sited to facilitate pedestrian and visual access to common open space wherever possible.
(6) No structure shall be located within 20 feet of the right-of-way of any road or parking area within the PRD site.
(7) No structure shall be erected within a distance less than its height from any other structure.
(8) If permitted, commercial uses shall be located in not more than 2 areas of the PRD, 1 area of which shall consist of at least 2 contiguous acres.
(9) Off-road parking areas required, pursuant to §§ 157.090 et seq., in conjunction with permitted nonresidential uses, shall be located and designed to provide direct access to collector or arterial roads. Any such parking area that includes more than 100 parking spaces shall have access only to a collector road or roads.
(10) Signs for non-commercial uses shall be permitted pursuant to §§ 157.105 et seq. in the same manner as the underlying zoning district. Signs for commercial uses shall be regulated by the following requirements:
(a) Only 1 freestanding sign shall be permitted to advertise all commercial uses within the PRD. Such sign shall be limited to a height of 6 feet with a total sign area of 30 square feet.
(b) Signs for individual commercial uses shall be permitted if they are attached to the building and do not extend above the roof, Such individual signs may include only the name and/or symbol of the establishment, shall be a maximum of 30 square feet per establishment and shall be mounted flush on the building.
(G) PRD common open space.
(1) The location, shape, size and character of the required common open space shall be provided in a manner consistent with the objectives set forth for PRDs in this chapter, with natural features constraints determined through the site analysis procedure, with the plans for recreation and conservation set forth in the adopted Development Plan, and with floodplain conservation regulations.
(2) Wherever possible, common open space shall be provided in contiguous or connected areas for maximum visual and pedestrian accessibility by all residents of the PRD.
(3) The uses and facilities provided in the common open space shall be appropriate to the scale and character of the planned development, considering its natural features, size, land use intensity, potential population and the number and types of dwelling units to be developed.
(4) Significant natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings and scenic views shall be incorporated into common open space areas whenever possible; provided, however, that no less than 25% of the total common open space area shall be suitable for intensive use as an active recreation area or areas.
(H) PRD roads.
(1) The road system of the PRD shall be designed to relate harmoniously with land uses within and adjacent to the PRD.
(2) The road system of the PRD shall be designed as collector and local roads, to create a separation of automobile and pedestrian traffic through the coordinated design of roads, dwelling units, common open space areas and pedestrian walkways, to create efficient and safe connections with the existing public road system.
(3) The road system of the PRD shall be designed to prevent or minimize through traffic in residential areas.
(4) Cul-de-sac roads shall not exceed 1,000 feet in length, except when the County Planning Commission determines that the benefits for lengths in moderate excess thereof result in a project whose benefit to the public exceed the result of limiting the length of cul-de-sacs to the standard, such as reduced total area dedicated to roadways, or additional land preserved in a natural state. Cul-de-sac roads shall have a turning circle with a minimum right-of-way radius of 50 feet and an outer paved width of 40 feet radius.
(5) The design and construction of all roads within a PRD shall conform to Garrett County standards for public roads, whether such road is a public road or not, except that the County Planning Commission may approve modifications to standards for a road that will not be publicly maintained, provided such modifications are consistent with the Garrett County Subdivision Ordinance.
(I) PRD parking standards.
(2) Parking areas shall be screened from adjacent structures, access roads and traffic arteries, by hedges, dense planting, walls, earth berms or changes in grade. All parking areas shall be at least 20 feet from all structures.
(3) No more than 60 parking spaces shall be accommodated in any single parking area without being separated from other single parking areas by approved medians or landscaped areas.
(J) PRD water and sewage services. Water and sewage services shall comply with requirements of the County Health Department and the applicable supplier.
(K) PRD tree conservation and landscaping.
(1) Existing trees shall be preserved wherever possible. The protection of trees 6 inches or more in diameter (measured at a height 4.5 feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.
(2) Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, landscaping shall be provided to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen roads and parking areas, and enhance the privacy of dwelling units.
(3) Street trees shall be provided along all arterial and collector roads, unless the Planning Commission determines that existing trees to be preserved will serve the same purpose. A minimum of 2 trees with a minimum trunk width of 3-inches measured 1 foot above the ground shall be provided for each 50 feet of road perimeter. Such trees shall be planted at a distance from the road that is sufficient to avoid future conflicts with the road.
(L) PRD ownership, maintenance and preservation of common open spare.
(1) The developer shall make provisions which make sure that the common open space land continues as such and be properly maintained. The developer shall provide for and establish an organization for the ownership, maintenance and preservation of open space which shall conform to the following standards and procedures:
(a) The organization shall be established by the developer before sale or rental of dwelling units in the PRO.
(b) The form, financial capability, rules of membership and methods of cost assessment of the organization shall be devised to insure the successful fulfillment of the maintenance, preservation and improvement responsibilities of the organization.
(c) The organization responsible for maintenance, preservation and improvement of common open space areas shall be the sole owner of the common open space lands.
(d) The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
(e) In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after establishment of the PRD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the County may serve written notice upon the organization, or upon the residents and owners of the PRD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition and the notice shall include a demand that the deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place or a hearing thereon which shall be held within 14 days of the notice. At such hearing the county may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.
1. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within 30 days or any extension thereof, the county, to preserve the taxable values of the properties within the PRD and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of 1 year. The entry and maintenance shall not constitute a taking of the common open space, nor vest in the public any rights to use the same.
2. Before the expiration of the year, the county, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space shall call a public hearing upon notice of such organization, or to the residents and owners of the PRD, to be held by the county, at which hearing such organization or the residents and owners of the PRD shall show cause why such maintenance by the county shall not, at the option of the county, continue for a succeeding year.
3. Common open space in a reasonable condition, the county may, in its discretion, continue to maintain the common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the county in any such case shall constitute a final administrative decision subject to judicial review.
(f) The cost of such maintenance by the county shall be assessed ratably against the properties within the PRD that have a right of enjoyment of the common open space and shall become a lien on the properties. The county at the time of entering upon the common open space for the purpose of maintenance, shall file a notice of lien in the office of the Treasurer of the county, upon the properties affected by the lien within the PRD.
(M) PRD procedural requirements. The plans and other required supplementary data for a proposed PRD shall be submitted for review and approval in accordance with the requirements and procedures specified below:
(1) PRD pre-application consultation. Prior to preparing and submitting an application for tentative approval, the developer of a proposed PRD shall consult with the County Planning Commission. The purpose of the informal meeting is to discuss the general intent of the developer, to consider relationships to the County Development Plan, and to outline the approval process and the specific requirements for plan preparation and submission. It is strongly suggested that a sketch plan of the proposed development be submitted showing:
(a) Roads and other developments existing on and adjacent to the PRD tract.
(b) Significant natural features on the tract.
(c) Proposed general road layout, general land use pattern and general lot and building arrangement.
(2) Application for tentative PRD approval. The application for tentative approval of a proposed PRD shall be executed by or on behalf of the landowner and shall be filed with the County Planning Commission not less than 15 days before the regularly-scheduled meeting at which tentative approval is requested. The application for tentative approval shall include documentation illustrating compliance with all of the standards for PRDs herein specified in divisions (A) through (L) above, inclusive, and shall constitute a preliminary version of the development plan for the PRD. Application for the tentative approval shall comply with the submission requirements of the Subdivision Ordinance for preliminary plats and shall include the following plans and documents necessary to determine the adequacy of the proposals.
(a) A site map or maps drawn to an appropriate scale, showing hydrology, geology, soils, topography and vegetation of the site as required by division (D) above. The combined impact of the natural features upon the development potential of each specific area of the site shall be clearly illustrated on the map or maps.
(b) A site development plan or plans drawn to an appropriate scale showing the size, type and approximate location of all proposed roads and walkways; parking areas; buildings; common open spaces and facilities; sanitary sewer, water supply and storm drainage and other utility lines; and other proposed development features; and showing the relation of such proposed features to existing features of the same type on or adjoining the site.
(c) Preliminary profile drawings showing existing ground surface and proposed road grades, typical cross-sections of the proposed roadways and sidewalks; and preliminary profiles and plans of proposed sanitary and storm water sewers with grades and sizes indicated.
(d) Documents indicating the impact of the completed PRD upon public facilities, utilities, roadway systems and existing development. Projections of the number of school children in the PRD shall be included. Where connections to centralized water supply and sewer systems are contemplated, projections of the required water supply capacity and waste water volumes generated by the PRD shall be included. The projected governmental costs for services to the completed PRD shall be compared to projected County tax revenues from the PRD. Documentation shall also show the residential land use density of each area within the PRD and the average total residential density for the entire PRD.
(e) The proposed text of the deed restrictions or other legal documents relating to the ownership of the common open space areas, and summary information about the substance of covenants, grant of easements or other restrictions to be imposed upon the use of land, buildings and/or structures.
(f) A written statement by the landowner setting forth the reasons why, in his or her opinion, the PRD would be in the public interest and would be consistent with the county’s Comprehensive Plan.
(g) Such other information and documentation as may reasonably be required by the county Planning Commission to determine the adequacy of the proposed plans for the proposed PRD.
(3) Action by county’s Planning Commission. The County Planning Commission may, at its discretion, conduct a public hearing regarding the proposed PRD, giving notice of such hearing in the same manner as specified in § 157.188. At its next regular meeting following such hearing, or at its next regular meeting if no hearing is conducted, the County Planning Commission shall review the proposed PRD and shall either:
(a) Grant tentative approval of the development plan as submitted;
(b) Grant tentative approval subject to compliance with specified conditions; or
(c) Deny tentative approval to the development plan.
(4) Findings of Fact. The grant or denial of tentative approval by the County Planning Commission shall be stated in writing to the applicant, describing the reasons for the approval, with or without conditions, or for denial, and describing with particularly in what respects the development plan would or would not be in the public interest including but not limited to findings of fact and conclusions on the following:
(a) The extent to which the PRD is or is not consistent with the County Development Plan.
(b) The extent to which the development plan departs from zoning or other regulations applicable to the subject property, including but not limited to density, bulk and use and the reasons why departures are or are not deemed to be in the public interest.
(c) The purpose, location and amount of the common open space in the Planned Residential Development, the reliability of the proposals for maintenance and conservation of the common open space as related to the proposed density and type of residential development.
(d) The physical design of the development plan and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
(e) The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established.
(f) In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and the residents of the PRD in the completion of the development plan.
(5) Status of tentatively approved PRD plan. Tentative approval of a development plan shall not qualify a plat of the PRD for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval with conditions which have been accepted by the applicant (and provided that the applicant has not defaulted or violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the county pending an application or applications for final approval, without the consent of the applicant; provided, however, that the tentative approval of a plan shall not be valid for more than 12 months from the date thereof, unless an extension of time is granted in writing by the County Planning Commission.
(6) Application for final PRD approval. The application for final approval of a tentatively-approved plan shall be executed by or on behalf of the landowner and shall be filed with the County Planning Commission before the expiration of the tentative approval. The plan and other data submitted for final approval shall be submitted not less than 15 days before the regularly-scheduled meeting at which final approval is requested, and shall conform substantially to the tentatively-approved plan, except that it may include only that portion of the PRD that the applicant proposed to record and develop at that time. The application for final approval shall comply with the submission requirements of the Subdivision Ordinance for final plats and shall include copies of the following documents in the number specified by the County Planning Commission.
(a) The final plan of the PRD, drawn at a scale suitable for recording, and showing at least the following data:
1. North-arrow, date, written and graphic scales;
2. Accurate boundary lines of all lots, roads, right-of-way and common open space areas, with bearings, distances and curve data sufficient to permit all lines to be located by survey on the site, and with linear dimensions labeled to the nearest hundredth of a foot, and angular dimensions to the nearest 10 seconds of arc, and closing with an error of not more than 1 foot in 10,000 feet;
3. A listing of the total acreage of the PRD, the area within each lot or other parcel, the land uses in each area, the total number of dwelling units, number of each type of dwelling unit, the average total residential density and the total residential density in each section;
4. Locations and dimensions of all roads, including right-of-way and cartway lines, parking areas, pedestrian walkways, easements and permanent monuments and property line markers;
5. Building coverage lines accurately locating all dwelling units and nonresidential structures, giving dimensions of the structures, distances between the structures, distances to road lines and parking areas, with distances accurate to the nearest hundredth of a foot;
6. Location of common open space areas, specifically indicating those areas to be developed for active recreation, and showing the type of the exact location of structures and facilities to be developed in the common open space areas;
7. Name and address of the landowner and developer, identification of the deed or deeds giving title to the land within the PRD, and the election district and tax map numbers; and
8. Seal and signature of the registered engineer or registered land surveyor certifying the accuracy of the plan. Seal and signature of a registered land surveyor certifying the accuracy of the survey.
(b) The final plan of the PRD shall be accompanied by the following additional plans and information:
1. Final construction drawings for the installation of all site improvements required under this chapter or other county regulations, and including profiles and cross-section drawings for road, sanitary sewer, water supply and storm drainage systems.
2. Architectural drawings illustrating exterior designs and typical floor plans of typical dwelling units of each type and nonresidential structures to be constructed.
3. All covenants running with the land governing the reservation and maintenance of dedicated or undedicated common open space land. These covenants shall be subject to acceptance by the County Attorney as to their legal sufficiency.
4. Restrictions of all types which will run with the land and become covenants in the deeds of lots shown on the final plan.
5. Such certificates of approval by other authorities as required by this chapter or by law, including certificates approving the water supply system, the sanitary sewer system and the erosion and sediment control plan.
(c) To guarantee that the improvements required by this chapter or by law will be constructed by the developer and without cost to the county, the final plan shall be accompanied by one or a combination of the following documents:
1. A certificate from the applicant, signed by the County Commissioners certifying that cash in an escrow account, or certified check, bond or other acceptable security or combination thereof, payable to the County Commissioners of Garrett County and satisfactory thereto in form, sufficiency and legal execution, has been filed with the County Commissioners, The form of such escrow account, bond, certified check or other acceptable securities shall specify the time for the completion of the required improvements, and shall provide that, when the improvements have been completed and approved by the county, the guarantee shall be released and returned; it may also provide that as the required improvements progress and are approved by the county, a portion of the bond, monies or other security commensurate with the cost of the improvement may be released and returned to the applicant; or
2. A certificate from the applicant, signed by the County Commissioners certifying that all or the specified parts of the required improvements have been constructed, installed or completed in a manner acceptable to the county for compliance with this chapter.
(7) Action by the County Planning Commission on PRD.
(a) If the final plan and all supporting data comply with the provisions of this chapter and with the conditions, if any, specified in the grant of tentative approval, the Planning Commission shall approve the final plan at the regularly-scheduled meeting and shall certify its approval by the signatures of its chairperson and secretary.
(b) If the final plan is not in compliance as specified in division (M)(7)(a) above, the County Planning Commission may refuse to grant approval, in which case the applicant shall be notified in writing and explicitly advised of the reasons for the refusal and of the actions necessary to bring the plan into compliance to receive approval. The applicant may then correct such deficiencies and resubmit the plan for approval, or may appeal the Planning Commission’s decision to the Circuit Court of Garrett County as provided in Article 66B.
(8) Effect of final approval of PRD.
(a) Final approval of a plan shall constitute an irrevocable offer by the applicant to dedicate all roads, rights-of-way or other areas for public use so indicated upon the plan, but the final approval shall not be deemed to constitute or effect any acceptance by the County Commissioners or the public in general of any such area unless and until formally accepted in the usual legal manner for public use or ownership. The County Commissioners shall have the right at any time to accept the offer of dedication, in writing, either on the original recorded plan or by instrument recorded among the land records of Garrett County, incorporating same by reference designating the acceptance and approval.
(b) Every final plan approved by the Planning Commission shall, by virtue of such approval, be deemed to be an amendment of or an addition to or a detail of the legally-adopted Development Plan for Garrett County and shall constitute a part thereof.
(9) Recording of final PRD plan. A copy of the approved final plan bearing the signatures of the Planning Commission’s Chairperson and Secretary and all other required endorsements shall be filed among the land records in the office of the Clerk of the Circuit Court of Garrett County within 90 days after the date of approval by the Commission; if the plan is not thus filed, the Commission’s approval shall become null and void.
(10) Enforcement and modification of the PRD plan. To further the mutual interests of the residents in the PRD and of the public for the preservation of the integrity of the development plan, as finally approved, and to insure that modifications, if any, in the development plan, shall not impair the reasonable reliance of the residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
(a) The provisions of the development plan relating to 1) the use, bulk and location of buildings and structures; 2) the quantity and location of common open space, except as otherwise provided in this chapter; and 3) the intensity of use or the density of residential units, shall run in favor of the county and shall be enforceable in law or in equity by the county without limitation on any powers of regulation otherwise granted the county by law.
(b) All provisions of the development plan shall run in favor of the residents of the PRD but only to the extent expressly provided in the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or equity by said residents acting individually, jointly, or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the PRD except as to those portions of the development plan which have been finally approved and have been recorded.
(c) All those provisions of the development plan authorized to be enforced by the county under this section may be modified, removed or released by the county, 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 county shall affect the rights of the residents of the PRD to maintain and enforce those provisions, at law or equity, as provided herein;
2. No modification, removal or release of the provisions of the development plan by the county shall be permitted except upon a finding by the governing body or its designated agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this chapter, that the same is consistent with the efficient development and preservation of the entire PRD, does not adversely affect either the enjoyment of land abutting upon or across the road from the PRD or the public interest, and is not granted solely to confer a special benefit upon any person.
(Ord. —, passed 5-13-1997; Am. Ord. —, passed 8-8-2000; Am. Ord. —, passed 4-30-2002; Am. Res. 2010-7, passed 5-25-2010; Am. Res. 2014-12, passed 10-7-2014)