(a) To further the mutual interest of the residents of the planned residential development and of the public in 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 said residents upon the provisions of the development plan, nor results 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.
(b) 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 subchapter; and
(3) The intensity of use or the density of residential units;
shall run in favor of the Municipality and shall be enforceable in law or in equity by the Municipality, without limitation on any powers of regulation otherwise granted the Municipality by law.
(c) All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at 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 planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.
(d) All those provisions of the development plan authorized to be enforced by the Municipality under this section may be modified, removed, or released by the Municipality, 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 Municipality shall affect the rights of the residents of the planned residential development 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 Municipality shall be permitted except upon a finding by the Council or the planning agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this article, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect ether the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.
(e) Residents of the planned residential development 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 Municipality to enforce the provisions of the development plan in accordance with the provisions of this section.
(Ord. 5139. Passed 11-27-13.)