The purposes of development plan review are to determine compliance with this Ordinance, to promote the orderly development of the city, the stability of land values and investments and the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures or additions thereto without proper attention to siting and appearance. It is further the purpose of this Article to require the gradual upgrade of existing sites that do not conform with current standards of this Ordinance and ensure that the arrangement, location, design and materials within a site are consistent with the character of the city and the goals and design guidelines in the comprehensive plan.

Prior to the erection, renovation, addition, or re-construction of any building or structure in any zoning district for any principal permitted use in the city, any land use requiring conditional use approval or any planned unit development, other than single-family detached residences and accessory buildings, structures, and uses thereto, the development plan review procedures set forth in the section shall be followed unless otherwise provided for in section 16.15, administrative review.

The building inspector may approve a development plan or sketch plan for the following uses, provided the development plan or sketch meets the application submittal requirements of sections 16.30, applications requirements, and complies with all other requirements and standards of this Ordinance.

A.

An increase in floor area of a building up to one thousand (1,000) square feet or five (5) per cent of the existing floor area, whichever is less, with no required increase in parking area (only if the total of expansions within the last five (5) years, as determined by the building inspector do not exceed this amount).

B.

A new use that is a principal permitted use in a given zoning district and requires no significant changes to the building footprint, facade, parking, landscaping, lighting, signs, or vehicular access.

C.

An expansion, replacing or alteration of landscaping areas consistent with the requirements of this Ordinance.

D.

Improvements or installation of walls, fences, lighting, or curbing consistent with the requirements of this Ordinance.

E.

Alterations to the off-street parking layout or installation of pavement or curbing improvements, provided the total number of spaces shall remain constant, and the construction plans and lot construction are approved by the city.

F.

Relocation of a waste receptacle to a more inconspicuous location, or the installation of screening, both consistent with the requirements of this Ordinance.

G.

Changes to a facade, architectural features or wall signs, provided such changes are consistent with the requirements of this Ordinance and do not significantly and materially change the appearance of the building. (An elevation plan showing changes and construction material is required).

H.

A change from a nonconforming use, building, or site to a more conforming situation consistent with the requirements of this Ordinance.

I.

Modifications to upgrade a building to improve barrier-free design, comply with Americans with Disabilities Act, or other federal, sate, or county regulations.

J.

Changes in use to another principal permitted use within a given zoning district, as defined in this Ordinance, that do not increase the gross floor area, provided all other improvements are consistent with the requirements of this Ordinance.

K.

Internal construction change in the floor plan for a conforming use that does not increase gross floor area, provided the construction cost over a twelve-month period does not exceed fifty (50) per cent of the building's state equalized value or affect parking requirements on a site.

L.

Repairing, resurfacing, re-striping, or curbing of parking lots.

M.

Construction or erection of signs, retaining walls, fences, waste receptacles, sidewalks, antennae lights, poles, cooling/heating or other mechanical equipment, telephone booths, newspaper boxes, landscaping, or similar structures which conform to the requirements of this Ordinance or other city standards, and where development plan review is not specifically required under other sections of this Ordinance.

The building inspector may require that any of the above mentioned uses shall require formal development plan approval by the planning commission as described within this section.

A.

Intent. The intent of this section is to permit submittal of a sketch plan in certain specific instances where a complete development plan is not considered essential to ensure compliance with the intent and standards of this Ordinance.

B.

Procedure. The process for administrative approval stated in section 16.15, above, shall involve submittal of a sketch plan and required application form and fee to the building inspector. The sketch plan shall be reviewed in the accordance with the same procedure, requirements, and standards used by the planning commission for a formal development plan. The building inspector shall make a report of the administrative reviews to the planning commission.

The sketch plan shall meet the requirements for a preliminary development plan as specified in subsection C., of this section. The building inspector retains the option to require additional information or a complete development plan for review by the planning commission, particularly for sites that do not comply with previously approved development plans, sites with parking deficiencies, sites abutting residential districts, or sites experiencing problems with drainage, traffic, noise, aesthetics, or other general health and safety issues. If a formal development plan is required, the building inspector shall inform the applicant in writing to submit a set of plans in accordance with this Article.

C.

Application Requirements. The sketch plan for administrative approval shall contain the following information unless the building inspector determines that some of the required information is not reasonably necessary:

1.

The legal description and dimensions of the parcel in question.

2.

The location of existing and proposed buildings and structures.

3.

The locations of drives, public or private roadways, sidewalks, easements, and parking areas.

4.

Location of existing and proposed utilities, water and sewage systems.

5.

Description of adjacent land uses.

6.

Location of existing natural and man-made site features including wetlands, streams, lakes, ponds, and similar environmental features.

7.

A description of any proposed change in grade or drainage system, except those changes to accommodate basement and driveway grading.

8.

Any other information required by the building inspector necessary to establish compliance with this and other ordinances of the City of Eaton Rapids.

D.

Eligibility. A sketch plan, rather than a complete development plan package, may be submitted for minor modifications to a legally existing and conforming use and building which is permitted in the zoning district, (conditional uses are not eligible) including alterations to a building or site that do not result in expansion or substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public infrastructure or services, significant environmental impacts, or increased potential for hazards.

E.

Planning Commission Review. The sketch plan may be referred to the planning commission for review when deemed necessary by the building inspector.

Prior to formal submittal of a development plans, the applicant is encouraged to schedule a pre-application conference with the city. The purpose of the conference is to review a generalized version of the development plan to discuss basic questions regarding use, density, integration with existing development in the area, and impacts on and the availability of public infrastructure. Also, the application may at this time be presented with the application procedures required by this section for approval of the proposed development and with any special considerations or steps that might have to be addressed or followed, such as variance requests to the zoning board of appeals. The conference may be scheduled by a prospective application with the building inspector and such other city representatives, as appropriate, including up to one (1) member of the planning commission.

Ten (10) copies of the development plan, at a scale of not less than one (1) inch equals twenty (20) feet for sites less than three (3) acres and at a scale of not less than one (1) inch equals one hundred (100) feet for sites of three (3) or more acres, including all items required therewith, shall be submitted to the building inspector. Unless waived by the building official, the development plan shall be submitted not less than thirty (30) days prior to the next regular or special scheduled planning commission meeting in order to be placed on the agenda for that particular meeting. The building official shall provide the development plan to the planning commission at least five (5) calendar days prior to the next regular or special scheduled planning commission meeting in order to be placed on the agenda for that particular meeting. The commission may from time to time prepare forms and require the use of such forms in development plan preparation.

The following information shall accompany all plans submitted for formal development plan review (preliminary plan, in the case of MHPD development), unless the building inspector determines that some of the required information is not reasonably necessary:

A.

In the cases of a development in a manufactured housing park district, a preliminary plan prepared in accordance with Section 11 of Public Act 96 of 1987, as amended; or

B.

A completed application form as supplied by the city, and an application fee as determined by the city.

C.

Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement, and a title search or other evidence of any applicable easements or deed restrictions.

D.

A narrative indicating the period of time within which the project will be completed.

E.

One (1) copy of the final development plan, reduced in size to eight and one-half (8½) by eleven (11) inches, on clear acetate or similar material suitable for use with an overhead projector.

F.

Sheet size of submitted drawings shall be at least twenty-four (24) inches by thirty-six (36) inches, with graphics at an engineers scale of at least one (1) inch equals twenty (20) feet for sites of less than three (3) acres and at a scale of at least one (1) inch equals one hundred (100) feet for sites of three (3) acres or more.

G.

A cover sheet providing the following:

1.

The applicant's name.

2.

The name of the development.

3.

The preparer's name and the professional seal of architect, engineer, surveyor, or landscape architect indicating license in the State of Michigan.

4.

The date or preparation and any revisions.

5.

A north arrow and graphic scale.

6.

Property lines and dimensions.

7.

A complete and current legal description and size of property in acres and square feet.

8.

Notation of any variances which have been or must be secured.

9.

Existing land uses and zoning classification of the subject parcel and adjacent parcels.

10.

A small location map of sufficient size and scale, showing the locations of the area in relation to surrounding properties, streets, schools, parks, and other significant features where appropriate.

H.

Plan sheet(s) indicating the following:

1.

The zoning and current land use of the applicant's property and all abutting properties and of properties across any public or private street from the site.

2.

Lot lines and all structures on the property and within one hundred (100) feet of the site's property lines.

3.

The location of any access points on both sides of the street within one hundred (100) feet of the site along streets where access to the site is proposed.

4.

Existing buildings and any public or private easements, noting those that will remain and which are to be removed.

5.

The layout and typical dimensions of the proposed lots, building footprints and dimensions of proposed buildings and structures, the uses contained therein, the number of stories, gross building areas, distances between structures and lot lines, and setback lines, with the acreage or area in square feet allotted to each use.

For residential developments, the number, type, and density of proposed housing units shall be included.

If a multi-phased development is proposed, identification of the areas included in each phase shall be included.

6.

Elevations showing height, materials, and colors for all proposed non-residential or multiple-family structures, shall be provided and considered part of the approved development plan. The building elevations must show all rooftop mechanical units along with the proposed method of screening.

7.

Building footprints, setbacks, typical floor plans and a sketch of any ground mounted equipment to scale along with required screening.

8.

The size, type, and location of proposed identification signs.

9.

Existing and proposed locations of utility services (with sizes), including storm drainage, retention or detention ponds, fire hydrants, and any public or private easements; notes shall be provided clearly indicating which existing services will remain and which will be removed.

10.

Location and type of existing vegetation, including location of all existing trees over five (5) inches in diameter.

11.

Locations of significant natural, historical, and architectural features, including landmark trees, that will be designated "to remain", and protected by a fence or barrier installed prior to site preparation, and/or as "areas not to be disturbed" and secured through installation of a snow fence, other fencing, or police line during the development of the site, and including acreage of the designated areas.

12.

The location and elevation of existing water courses and water bodies, including county drains and man-made surface drainage ways.

13.

Locations of any wetlands regulated by the Michigan Department of Environmental Quality, submission of a wetland delineation by a qualified wetland consultant and indication of the status of application for a wetland permit from the Michigan Department of Environmental Quality or a copy of the a permit received including description of any wetland mitigation required, and location of other significant nonregulated wetland areas over two (2) contiguous acres.

14.

Location and method of screening for all waste receptacles meeting the requirements of this Ordinance.

15.

Details of exterior lighting meeting the requirements of this Ordinance including location, height, method of shielding, and candle power measurements at the light locations and at the property lines (photometric plan).

16.

Location and dimensions of parking lots and spaces, and loading/unloading areas, and calculations to meet the requirements of this Ordinance.

17.

Lot lines and all structures on the property and within one hundred (100) feet of the site along streets where access to the site is proposed.

18.

Proposed water service including any proposed tap-ins, main extensions, or extensions for adequate fire hydrant spacing, and/or considerations of extensions to loop other public water mains.

19.

Proposed sanitary sewer facilities and locations of all existing utilities, easements, vacations, and the general placement of lines, manholes, tap-ins, pump stations, and lift stations.

20.

Location and detail of all soil erosion and sedimentation control measures.

21.

Location and specifications for any existing or proposed outdoor or below ground storage facilities as well as any screening or containment structures or clear zones required by governmental authorities.

22.

Size, location, and description of any proposed interior or exterior areas or structures for storing, using, loading, or unloading of hazardous substances. A listing of types and quantities of hazardous substances which will be used or stored on-site in quantities greater than one hundred (100) kilograms or twenty-five (25) gallons per month.

23.

Locations of any access points on both sides of the street within one hundred (100) feet of the site along streets where access to the site is proposed.

24.

Locations of all signs including:

a.

Location, type, height, and method of lighting for identification signs.

b.

Location and type of any directional or regulatory/traffic control signs, with details for any sign not conforming to the Michigan Manual of Uniform Traffic Control Devices.

25.

Details of site circulation and access design, including:

a.

Dimensions of existing and proposed right-of-way lines, including those abutting the site and names of abutting public streets.

b.

Indication of street, parking lot, and other surfaced areas pavement widths, pavement type, and curbing meeting requirements of this Ordinance.

c.

Street horizontal and vertical dimensions, including curve radii.

d.

Locations and dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersection streets, including those across a street.

e.

Parking areas, including the general layout and design of parking lot spaces.

f.

The location of existing sidewalks and the location and dimensions for proposed sidewalks.

I.

A landscape plan meeting the requirements of this Ordinance. Berms, retaining walls, screening walls, screening landscaping, or fencing shall be shown with elevations from the surrounding grade.

J.

A site grading plan for all development where grading will occur, with existing and proposed topography at a minimum of two-foot contour intervals and with topographical information extending a minimum of fifty (50) feet beyond the site in all directions and a general description of grades within one hundred (100) feet, and further where required to indicate stormwater runoff into an approved drain or detention/retention pond.

K.

A general description and location of stormwater management system shall be shown on the grading plan, including pre- and post-site development runoff calculations used for determination of stormwater management, and location and design (slope) of any retention/detention ponds. Stormwater outfall structures or basins constructed in a wetland regulated by the Michigan Department of Environmental Quality may require a wetland permit from the Department; and, if constructed below the ordinary high water mark of an inland lake or stream, will require a permit under the Inland Lakes and Streams Act, PA 346 of 1972, as amended. Status of permit application to the Department or copy of permit with attached conditions shall be provided as applicable.

L.

Written verification of access easements or agreements, if applicable.

M.

A note on each plan sheet stating: "Not to be used as construction drawings".

N.

Any additional graphics or written materials requested by the building inspector or the planning commission to assist the city in determining the compliance with the final development plan standards, such as aerial photography, photographs, conceptual as-built renderings, traffic impacts, and impact on significant natural features and drainage.

O.

The following information shall be submitted as part of an application for permission to commence any type of development within a flood hazard area as defined in the FEMA FIRM maps:

1.

The elevation in relation to mean sea level of the floor, including basement, of all structures.

2.

A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

3.

Proof of development permission from appropriate local, state, and, federal agencies as required by this Ordinance, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under authority of Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, the Floodplain Regulatory Authority.

4.

Base flood elevation data where the proposed development is subject to Act 288 of the Public Acts of 1967, the Subdivision Control Act, as amended, or greater than five (5) acres in size.

P.

Such other information as may be required by the city to assist in the consideration of the proposed development, including but not limited to an analysis of the planning implications of the proposed development including the methodology of how the planning implications were determined. The analysis shall be carried out by qualified individuals and shall include, but need not be limited to:

1.

Estimated population holding capacity of any residential land uses to be included in the proposed development and general impact on community facilities such as primary and secondary schools and parks.

2.

A traffic analysis which relates the trip generation of the proposed development to existing and projected traffic capacities, volumes, and patterns on surrounding streets.

3.

Impact of proposed land use on adjacent lands not within the city and proposed buffering from those lands.

(Ord. No. 2002-8, 8-26-02)

In order that buildings, open space, and landscaping will be in harmony with other structures and improvements in the area, and to ensure that no undesirable health, safety, noise, and traffic conditions result from the development, the planning commission shall upon review, determine whether or not the development plan meets the following criteria, unless the planning commission determines that one or more of such criteria are inapplicable, except that this section shall not apply to manufactured housing parks which shall only be required to conform to the applicable standards identified in this Ordinance and those identified in PA 96 of 1987, as amended:

A.

General. All elements of the development plan shall be designed to take into account the site's topography, the size and type of the plot, the character of the adjoining property, and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance, including those of applicable zoning district(s).

B.

Building design. The building design shall relate to the surrounding environment in regard to texture, scale, mass, and proportion. High standards of construction and quality materials will be incorporated into the new development. The building design shall meet the architectural and building material requirements of this Ordinance, if any.

C.

Preservation of significant natural features. Judicious effort shall be used to preserve the integrity of the land, existing topography, and natural, historical, and architectural features as defined in this Ordinance, in a particular wetlands designated/regulated by the Michigan Department of Environmental Quality.

D.

Streets. All streets shall be developed in accordance with the City of Eaton Rapids Subdivision Regulations, unless developed as a private road in accordance with the requirements of the city.

E.

Access, driveways, and circulation. Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, parking, and other elements shall be designed to promote safe and efficient traffic operations within the site and at its access points. All driveways shall meet the design and construction standards of the city. Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly left turns into and from the site. For uses having frontage and/or access on a major traffic route, as defined in the City of Eaton Rapids Comprehensive Plan, the number, design, and location of access driveways, and other provisions for vehicular circulation shall comply with the access management provisions of this Ordinance.

F.

Emergency vehicle access. All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as required by the fire department and police department.

G.

Sidewalks, pedestrian, and bicycle circulation. The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and sidewalks/pedestrian or bicycle pathways in the area. There shall be provided a pedestrian circulation system that is separated from the vehicular circulation system. In order to ensure public safety, special pedestrian measures, such as crosswalks, crossing signals, and other such facilities may be required in the vicinity of primary and secondary schools, playgrounds, local shopping areas, fast food/service restaurants, and other uses which generate a considerable amount of pedestrian or bicycle traffic.

H.

Barrier-free access. The site has been designed to provide barrier-free parking and pedestrian circulation.

I.

Parking. The number and dimensions of off-street parking spaces shall be sufficient to meet the minimum required by this Ordinance.

J.

Loading. All loading and unloading areas and outside storage areas, including refuse storage stations shall be screened in accordance with this Ordinance.

K.

Landscaping, screening, and open spaces. The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this Ordinance. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Landscaping, landscape buffers, greenbelts, fencing, walls, and other protective barriers shall be provided and designed in accordance with the landscaping provisions of this Ordinance.

L.

Soil erosion and sedimentation control. The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material.

M.

Utilities. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development, where such systems are available.

N.

Stormwater management. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater which complements the natural drainage patterns and wetlands, prevent erosion and the formation of dust. Sharing of stormwater facilities with adjacent properties shall be encouraged. The use of detention/retention ponds may also be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water. All such measures shall comply with any applicable county drain control ordinances.

O.

Lighting. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted. All proposed lighting shall be in conformance with the performance measures identified in Article XVIII of this Ordinance.

P.

Noise. The site has been designed, buildings so arranged, and activities/equipment programmed to minimize the emission of noise, particularly for sites adjacent to residential districts. All proposed uses shall be in conformance with the performance measures identified in Article XVIII of this Ordinance.

Q.

Mechanical equipment. Mechanical equipment, both roof and ground mounted, shall be screened in accordance with the requirements of this Ordinance.

R.

Signs. The standards and requirements stated in this Ordinance shall be adhered to.

S.

Hazardous materials or waste. For businesses utilizing, storing, or handling hazardous materials such as automobile service and automobile repair stations, dry cleaning plants, metal plating industries, and other industrial uses, documentation of compliance with state and federal requirements shall be provided.

T.

Other agency reviews. The applicant has provided documentation of compliance with other appropriate agency review standards, including but not limited to, the Michigan Department of Environmental Quality, Michigan Department of Transportation, County Drain Commission, County Health Department, and other federal, state, and local agencies, as applicable.

U.

Approval process. The development shall be reviewed by the planning commission. If the commission action is disapproval, the commission shall cite reasons for such disapproval. If the planning commission finds a development plan not in conformity with this section, it may, at its discretion, return the development plan to the applicant with a written statement of the modifications necessary to obtain approval. Upon resubmission of the modified development plan, the planning commission shall review the plan. The commission may approve, disapprove, or approve subject to compliance with such modifications and conditions as may be deemed necessary to carry out the purpose of this Ordinance.

Development plans shall be reviewed in accordance with the following procedures:

A.

Department review. The building inspector may secure comments from any of the city departments, boards, or commissions as well as the same from the state, county, or township, and shall forward all comments to the planning commission for its review. The planning commission may as part of the review of the development plan, solicit further comments from any engineer, planning consultant, agency, group, or person, as deemed appropriate.

B.

Development plan approval. The city planning commission is authorized to review and approve, with or without conditions or to review and deny approval of all development plans submitted under this Ordinance. When the commission approves a development plan with conditions, the building inspector shall require a revised development plan with a revision date, indicating said conditions on the development plan.

C.

Record of action. Each action taken with reference to development plan review and approval shall be duly recorded in the minutes of the City of Eaton Rapids Planning Commission. A final copy of the approved development plan shall be so marked and placed on file with the city clerk's office.

D.

Final development plan. When a development plan approval is required, no building permit shall be issued until three (3) copies of a final development plan, which includes all conditions of approval, a revision date, and notation of all variances has been signed by the chairperson of the planning commission, the building inspector, or their designees. Prior to the issuance of a building permit one (1) copy of the final signed plan shall be filed with each of the following: city clerk, building inspector, and the applicant.

If an applicant fails to secure a building permit within one (1) year of the date of approval of the development plan, the development plan shall be deemed expired and void, and is of no force or effect unless extended by the planning commission. Revocation of an approved development plan shall be communicated to the developer in writing.

Following approval of a development plan by the planning commission, the applicant shall construct the development plan improvements in complete conformity with the approved plan. Failure to do so, is considered a violation of this Ordinance and subject to the actions provided for in this Ordinance.

Upon completion of the installation of required improvements as shown on the approved development plan, the developer shall submit to the building inspector two (2) copies of an "as-built" development plan, certified by an engineer or architect at least one (1) week prior to the anticipated occupancy of any building. A certificate of occupancy shall be withheld by the building inspector in any case where the development plan and major conditions as approved by the planning commission have not been complied with. Minor variations may be approved by the building inspector and shall be reported within thirty (30) days to the planning commission after the issuance of the certificate of occupancy.

Once a development plan has been approved by the planning commission, changes to the approved development plan shall require a re-submission to the commission and payment of any associated fees, except that minor changes as defined below may be permitted by the building inspector:

A.

For residential buildings, the size of the structure may be reduced or increased by up to five (5) per cent, provided that the overall density of units does not increase.

B.

Square footage of nonresidential buildings may be decreased or increased by up to five (5) per cent.

C.

Movement of a building or buildings by no more than ten (10) feet.

D.

Designated "areas not to be disturbed" may be increased.

E.

Plantings approved in the final development plan landscape plan may be replaced by similar types and sizes of landscaping which provides a similar screening effect on a one-to-one or greater basis, provided they comply with the landscaping standards of this Ordinance.

F.

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc. which conform to the requirements of this Ordinance.

G.

Changes of building materials to another of higher quality.

H.

Changes in floor plans which do not alter the character of the use.

I.

Slight modification of sign placement or reduction in size.

J.

Relocation of sidewalks and/or waste receptacles.

K.

Internal rearrangement of parking lots that does not affect the number of parking spaces or alter access locations or design.

L.

Changes required or requested by the city for safety reasons.

In instances where specific requirements of this Ordinance are not satisfied on the development plan, a request for a variance to such specific requirement(s) may be initiated by the applicant to the zoning board of appeals, subject to planning commission recommendation on the proposed variance and prior to formal development plan approval. An appeal of a commission decision concerning a development plan shall be made to the circuit court.

It shall be the responsibility of the property owner for which development plan has been granted to maintain the property in accordance with the approved development plan on a continuing basis until the property is razed or until new zoning regulations supersede the regulations upon which development plan approval was based, or until a new development plan is approved. This requirement includes healthy landscaping, walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities, and all other elements of the site. Any property owner who fails to so maintain an approved site shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the same penalties appropriate for such a violation.

With respect to condominium projects, the master deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved development plan. The master deed shall further establish the means of permanent financing for required maintenance and improvement activities which are the responsibility of the condominium association. Failure to maintain an approved development plan shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the same penalties for such a violation.