A development plan, or any part thereof, which
has been given final approval shall be so certified without delay
by the approving body and shall be filed of record forthwith in the
office of the Recorder of Deeds before any development shall take
place in accordance therewith. Upon the filing of record of the development
plan, the zoning and subdivision regulations otherwise applicable
to the land included in such plan shall cease to apply thereto. Pending
completion, in accordance with the time provisions stated in Section
508 of the Pennsylvania Municipalities Planning Code, as amended, of said planned residential development or of that part
thereof, as the case may be, that has been finally approved, no modification
of the provisions of said development plan, or part thereof, as finally
approved, shall be made except with the consent of the landowner.
Upon approval of a final plat, the developer shall record the plat
in accordance with the provisions of Section 513(a) of the Pennsylvania
Municipalities Planning Code, as amended, and post financial security in accordance with Section
509 of the Pennsylvania Municipalities Planning Code, as amended. The enforcement and modification of the provisions of
the development plan as finally approved, and recorded 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; and
(2)
The quantity and location of common open space,
except as otherwise provided in this article.
B. 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 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, such as a homeowners' association; 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.
C. All those provisions of the development plan authorized
to be enforced by the Township under this section may be modified,
removed, or released by the Township, 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 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 a finding by the provisions of this article, that 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 either 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.
D. Residents who are members of the homeowners' association
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.