The developer shall demonstrate that a sufficient
market exists for the type, size and character of dwelling units proposed
for inclusion in the planned residential development.
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 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 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.
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 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.
C. 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 Borough Council, 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 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.