(1)To
further the mutual interest of the residents, occupants, and owners of a planned
unit development and of the public in the preservation of the integrity of the plan,
the provisions of the plan relating to the use of land and the location of common
open space shall run in favor of the county or municipality and shall be enforceable
at law or in equity by the county or municipality without limitation on any power or
regulation otherwise granted by law.
(2)All provisions of the plan shall run in favor of the residents, occupants,
and owners of the planned unit development, but only to the extent expressly
provided in the plan and in accordance with the terms of the plan, and, to that
extent, said provisions, whether recorded by plat, covenant, easement, or otherwise,
may be
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(1) To
further the mutual interest of the residents, occupants, and owners of a planned
unit development and of the public in the preservation of the integrity of the plan,
the provisions of the plan relating to the use of land and the location of common
open space shall run in favor of the county or municipality and shall be enforceable
at law or in equity by the county or municipality without limitation on any power or
regulation otherwise granted by law.
(2) All provisions of the plan shall run in favor of the residents, occupants,
and owners of the planned unit development, but only to the extent expressly
provided in the plan and in accordance with the terms of the plan, and, to that
extent, said provisions, whether recorded by plat, covenant, easement, or otherwise,
may be enforced at law or in equity by residents, occupants, or owners acting
individually, jointly, or through an organization designated in the plan to act on their
behalf. However, no provisions of the plan shall be implied to exist in favor of
residents, occupants, and owners except as to those portions of the plan which
have been finally approved.
(3) All those provisions of the plan authorized to be enforced by the county
or municipality may be modified, removed, or released by the county or
municipality, subject to the following:
(a) No modification, removal, or release of the provisions of the plan by the
county or municipality shall affect the rights of the residents, occupants, and
owners of the planned unit development to maintain and enforce those provisions
at law or in equity as provided in subsection (1) of this section.
(b) Except as otherwise provided in paragraph (b.5) of this subsection (3), no
substantial modification, removal, or release of the provisions of the plan by the
county or municipality shall be permitted except upon a finding by the county or
municipality, following a public hearing called and held in accordance with the
provisions of section 24-67-104 (1)(e) that the modification, removal, or release is
consistent with the efficient development and preservation of the entire planned
unit development, does not affect in a substantially adverse manner either the
enjoyment of land abutting upon or across a street from the planned unit
development or the public interest, and is not granted solely to confer a special
benefit upon any person.
(b.5) (I) Subject to the requirements of subparagraph (II) of this paragraph
(b.5), in the case of any land located within a planned unit development that has
been set aside for a governmental use or purpose as specified in the plan, the plan
agreement, or related documents, a governmental entity that holds legal title to the
land may, with the approval of the county or municipality in which the land is
located, as applicable, and following a public hearing called for and held in
accordance with the provisions of section 24-67-104 (1)(e), do any of the following,
singularly or in combination:
(A) Subdivide all or any portion of the land;
(B) Remove or release all or any portion of the land from any limitations on
its use or purpose by the governmental entity as specified in the plan, the plan
agreement, or related documents; or
(C) Sell or otherwise dispose of all or any portion of the land.
(II) Any action authorized in accordance with the requirements of
subparagraph (I) of this paragraph (b.5) shall only be undertaken upon a finding by
the county or municipality, as applicable, following the public hearing required
pursuant to subparagraph (I) of this paragraph (b.5) that all or any portion of the
land is not reasonably expected to be necessary for a governmental use or purpose
or that the governmental use or purpose will be furthered by disposal of the land.
Notwithstanding any other provision of this paragraph (b.5), where action has been
undertaken in accordance with the requirements of this paragraph (b.5), the future
use of all or any portion of the land shall in all other respects be consistent with the
efficient development and preservation of the entire planned unit development and
with the plan.
(c) Residents and owners of the planned unit development may, to the extent
and in the manner expressly authorized by the provisions of the plan, modify,
remove, or release their rights to enforce the provisions of the plan, but no such
action shall affect the right of the county or municipality to enforce the provisions
of the plan.