Enforcement and any modification of the development plan as finally approved shall be subject to the following:
A. The following provisions of the development plan shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law:
(1) The use, size and location of buildings and structures. (2) The quantity and location of common open space. (3) The density of residential units.
B. All other provisions of the development plan shall run in favor of the residents of the planned residential development in accordance with the terms of the development plan, whether recorded by plat, covenant, easement or otherwise. The provisions 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. However, no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development unless those portions of the development plan have been finally approved and recorded.
C. Grants or easements relating to the service or equipment of a public utility may not be modified, removed or released by the Township except by written authorization of the utility.
D. All provisions of the development plan authorized to be enforced by the Township under this Section may be modified, removed or released, subject to the following conditions:
(1) No such modification, removal or release of the provisions of the development plan by the Township 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 Township shall be permitted except upon findings by the governing body following a public hearing pursuant to public notice.
(3) Any modification removal or release of the development plan provisions shall:
(a) Be consistent with the efficient development and preservation of the entire planned residential development.
(b) Not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest:
(c) Not be 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 Township to enforce the provisions of the development plan in accordance with the provisions of this Section.
(Ord. 3/9/1993B, § 611)