Piscataway City Zoning Code
§ 21-1011.7
Enforcement.
[1972 Code § 21-1011.7]
To further the mutual interest of the residents and owners of the planned residential development and of the public in the preservation of the integrity of the plan, as finally approved, and to insure that modifications, if any, in the plan shall not impair the reasonable reliance of the said residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plat, covenant, easement and modification of the provisions of the plan as finally approved, whether recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
a.
Enforcement by the Township. The provisions of the plan relating to (1) the use of land and the use, bulk and location of buildings, and structures, (2) the quality and location of common open space, and (3) the intensity of use of the density of residential units, shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers or regulation otherwise granted the Township by law.
b.
Deed restrictions limiting the use of open space and recreational areas shall be filed in the office of the County Clerk.
c.
Enforcement by the Residents and Owners. All provisions of the plan shall run in favor of the residents and owners of the planned residential 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 equity by said residents and owners, acting individually, jointly, or through an organization designated in the plan to act on their behalf; provided, however, that no provisions of the plan shall be implied to exist in favor of residents and owners of the planned residential development except as to those portions of the plan which have been finally approved and have been recorded.
d.
Modifications of the Plan by the Township. All those provisions of the plan authorized to be enforced by the Township 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 plan by the Township shall affect the rights of the residents and owners 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 plan by the Township shall be permitted except upon a finding by the Planning Board, following a public hearing called and held in accordance with the provisions of this chapter, 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 a street from the planned residential development or the public interest and is not granted solely to confer a special benefit upon any person.
e.
Modification by the Residents. Residents and owners of the planned residential development, may to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their right to enforce the provisions (of the plan), but no such action shall reflect the right of the Township to enforce the provisions of the plan in accordance with the provisions of this section.