The purpose of this Chapter is to provide adequate review of proposed developments in those zoning districts where the uses are of such a nature, because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety and general welfare of the community.

(Ord. 5-2005, passed 3-23-05)

   Review and approval of a general development plan and/or final development plan shall be conducted in compliance with the following prior to the issuance of a zoning certificate:

   (A)   General Development Plan. A general development plan that indicates the general concept of development for an entire site including the general location of use areas, open space and circulation pattern, shall be required for any project that includes phased development, which, at the option of the applicant, may run concurrent with the final development plan approval process. Applicants for other types of projects may but are not required to submit a general development plan.

   (B)   Final Development Plan. A final development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage areas shall be required for the following:

      (1)   All single-family residential developments not otherwise subject to the subdivision regulations.

      (2)   For any proposed development for which, according to division (A) above, a general development plan is required.

      (3)   New construction of all permitted uses in multi-family and business districts;

      (4)   New construction of all conditional uses;

      (5)   Any existing or previously approved development meeting the criteria of division (B)(2) through (B)(4) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; increasing the number of dwelling units in a multi-family development; or changing the use which requires an increase in the amount of parking or a change in the site's circulation, unless exempt from development plan review pursuant to § 150.1405.

      (6)   Any development not otherwise exempted in this code.

(Ord. 5-2005, passed 3-23-05)

   Applications for development plan review shall be filed by a property owner, designated agent or a lessee with formal and sufficient consent of the property owner.

   The applicant is encouraged to meet with the Zoning Administrator or the Planning Commission prior to submitting an application for general development plan review or final development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Zoning Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.

   When a minor alteration is proposed to an existing building, structure or site arrangement on a zoning lot or to an approved development plan prior to or during the time of construction, the Zoning Administrator may make a determination that such a proposal is not subject to development plan review.

   (A)   For the purposes of this section, a proposed development may be considered a minor alteration when it complies with both divisions (A)(1) and (A)(2) below:

      (1)   It is limited to the following:

         (a)   The construction, addition, or alteration of a principal or accessory structure permitted in the O, L-B, or G-B Districts, or a principal or accessory structure of a conditional use permitted in any district, excluding the OM District, that results in an increase in the building footprint of that principal or accessory structure by less than 25% but not more than 1,000 sq. ft, whichever is less.

         (b)   Any construction on a property in the O, L-B or G-B District, or a conditional use in any district, excluding the OM District, which results in an increase of the total impervious surface area on the lot up to 10% but not more than 2,000 square feet.

         (c)   Minor modifications to a landscape or lighting plan, provided that the plan remains in compliance with the requirements of Chapters 151.32 and 151.34 and does not significantly reduce the number of full shade trees or visual screening of the original approved plan.

         (d)   In any case, a proposed increase in the original building footprint of 500 square feet or less may be considered a minor alteration.

      (2)   The Zoning Administrator determines that the minor alteration will have no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

   (B)   The applicant shall submit a scaled drawing indicating the proposed minor alteration.

   (C)   The Zoning Administrator shall review the proposal to determine that it is appropriate and not contrary to this Zoning Code. In making such determination, the Zoning Administrator may consult with the Chair of the Planning Commission.

   (D)   In the event that the Zoning Administrator approves the proposal, he or she shall issue a Zoning Certificate to the applicant. If the Zoning Administrator denies the proposal, he shall notify the applicant and transmit his reasons for the denial. The Zoning Administrator shall complete his review and make a determination within 30 days of receipt of a complete application. The Zoning Administrator shall record his determination and report it to the Planning Commission at their next regularly scheduled meeting. If the Zoning Administrator denies the proposal, he/she shall notify the applicant and transmit the reasons for the denial. Denial of a minor alteration by the Zoning Administrator may be appealed to Planning Commission by the applicant, if a notice of appeal is filed with the Zoning Administrator within 14 days of the date the development plan is denied in writing.

   (E)   When the Zoning Administrator determines that a minor alteration proposed in the Heritage Overlay District is not subject to development plan review, according to the criteria outlined in Division (A) above, such proposal shall be reviewed by the Zoning Administrator in accordance with the procedures set forth in § 150.1207.

   (F)   All other requests for modifications that do not meet the criteria outlined in this section shall be submitted for approval in accordance with this Chapter.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 16-2013, passed 11-6-13)

   An application for general development plan review shall include a plan for the entire area of the proposed project. The application along with the application fee shall be submitted to the Zoning Administrator. The application shall include the map, plan, and supplementary documentation itemized below. A sufficient number of copies of the following items, as determined by the Zoning Administrator, shall be submitted with the application.

   (A)   A vicinity map showing the relationship of the site to existing development and including existing property lines, easements, utilities, and street rights-of-way of the subject property and property within 200 feet of the site, and zoning district boundaries.

   (B)   Verification of availability of all utilities, including water, sanitary sewer, gas, electric etc.

   (C)   The general development plan shall be drawn to an appropriate scale and shall indicate:

      (1)   The location of all existing structures and access points.

      (2)   The general location of existing buildings, parking areas and access drives on parcels within 200 feet of the site.

      (3)   The general location of all proposed construction including buildings and structures, parking areas, and access points.

      (4)   The location of existing and proposed topography, water courses, existing flood plains, major vegetation features, and wooded areas;

      (5)   The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets and pedestrian circulation.

   (D)   A summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and common open space, and the number of proposed dwelling units by type;

   (E)   If the property is to be developed in phases, a proposed development schedule shall be prepared and the plan shall identify the separate phases of the project.

   (F)   Other documentation needed as deemed necessary by the Zoning Administrator to evaluate the general concept of the proposed development.

(Ord. 5-2005, passed 3-23-05)

   An application for final development plan review shall be required for each phase of development. The application and the application fee shall be submitted to the Zoning Administrator. The application shall include the maps, plans, designs and supplementary documents itemized below, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and are waived in writing by the Zoning Administrator. Upon review by the Planning Commission, any information waived by the Zoning Administrator may subsequently be required. A sufficient number of copies of the maps, plans, designs and supplementary documents as determined by the Zoning Administrator shall be submitted with the application.

   (A)   An accurate, legal description and survey prepared or certified by a registered surveyor of the state;

   (B)   A vicinity map showing the relationship of the site to existing development and including existing property lines, easements, utilities and street rights-of-way of the subject property and property within 200 feet of the site, and zoning district boundaries.

   (C)   Verification of availability of all utilities, including water, sanitary sewer, gas, electric etc.

   (D)   The ownership interests of the subject property, including liens and easements, and the nature of the developer's interest if not the owner.

   (E)   A final development plan, prepared by a qualified professional such as a licensed architect, surveyor, engineer or landscaped architect, and drawn to an appropriate scale indicating the following:

      (1)   Use, location and height of existing and proposed buildings and structures;

      (2)   Location of all public rights-of-way and private streets;

      (3)   Location and configuration of vehicular circulation including off-street parking and loading areas; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;

      (4)   Location of proposed and existing structures including fences, walls, signs, and lighting;

      (5)   Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;

      (6)   Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;

      (7)   Dimensions of all buildings, setbacks, parking areas, drives and walkways;

      (8)   Location, size and character of any open space.

   (F)   Topographic maps showing existing and proposed grading contours, water courses, existing flood plains, and major vegetation features including existing trees with a caliper of four or more inches, wooded areas, wetlands and other environmental features;

   (G)   Proposed landscaping and screening plans indicating the preliminary description of the location and nature of existing and proposed vegetation and landscaping, including species, size at planting and separation, screening elements and any existing trees to be removed;

   (H)   Conceptual water management and sediment control plans in accordance with the Hamilton County Storm Water Regulations or similar method as approved by the City Engineer.

   (I)   Illumination plan, including, but not limited to, a photometric plan which shows maximum foot candles at the surface, light pole heights and locations, average foot candle calculations and location of house side shields.

   (J)   Preliminary architectural plans for the proposed development or use showing exterior elevations and building floor plans, and site construction materials prepared and certified by a professional engineer, architect, or surveyor.

   (K)   Signage plan, pursuant to Chapter 151.30.

   (L)   Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and open space, and the number of proposed dwelling units by type, building coverage, pavement coverage and acreage devoted to open space;

   (M)   Subdivision plat, if appropriate;

   (N)   The substance of covenants, grants of easements, or other restrictions which will be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities.

   (O)   A statement identifying any aspect of the plan in which the applicant is requesting an equivalency waiver, pursuant to Chapter 150.14 or for which a variance is required.

   (P)   Table of contents or other index indicating where each of the plan submission requirements is located within the application package (page number of narrative or drawing).

   (Q)   A list of all property owners lying within 300 feet of any part of the property, including their addresses and permanent parcel number, as shown on the current tax duplicate in the Office of the Hamilton County Treasurer.

   (R)   Other information necessary for the evaluation of the final development plan as deemed necessary by the Zoning Administrator.

(Ord. 5-2005, passed 3-23-05)

   Development plans, both general and final, shall be reviewed and distributed according to the following procedures.

   (A)   Review for Completeness. The Zoning Administrator shall review the submitted applicationfor completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and all applicable fees have been paid, the Zoning Administrator shall officially accept the application for consideration and place it on the Planning Commission's agenda.

   (B)   Distribution of Plans. Within 10 days after determining that an application is complete, the Zoning Administrator shall forward the application to the following for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within 60 days from the date that the application is deemed complete.

      (1)   All applications shall be transmitted to the appropriate City departments and professional consultants;

      (2)   Applications for listed landmark properties or involving sites located in the Heritage Overlay District shall also be transmitted to the:

         (a)   Landmarks Consultant, who shall then transmit his or her comments directly to the Landmarks Commission prior to the Landmarks Commission's review of the proposal.

         (b)   Landmarks Commission, who shall consider the Landmarks Consultant's recommendations.

   (C)   Transmission to the Planning Commission. The Zoning Administrator shall distribute the application for development plan review and any reports prepared by the individuals in division (B) above to the Planning Commission.

   (D)   Notification to Property Owners. Prior to the Planning Commission's formal review of a development plan application, written notice shall be given by first class mail to the applicant and the property owners within 300 feet of the property on which the use is proposed. Such notification shall be sent to the names and addresses of such owners appearing on the County Auditor's current tax list. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person or entity at the listed address and to the named owners at the street address of the property. Notices shall be made at least 7 days prior to the date of the Planning Commission meeting. Failure of delivery of such notice shall not invalidate action taken on such application. The Planning Commission may continue or defer its consideration and no further notice shall be required.

(Ord. 5-2005, passed 3-23-05)

   The Planning Commission shall review a development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff, consultants and the Landmarks Commissions when reviewing the application. In order to approve a general development plan, the Planning Commission shall determine that:

   (A)   The plan is consistent with the Comprehensive Plan and the applicable regulations set forth in this Code.

   (B)   The appropriate use and value of property within and adjacent to the area will be safeguarded.

   (C)   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

   (D)   The development will have adequate open spaces that meet the objectives of the Comprehensive Community Plan.

   (E)   The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Code.

(Ord. 5-2005, passed 3-23-05)

   The Planning Commission shall review a final development plan to determine if such application complies with the review criteria set forth below. In order to approve a final development plan, the Planning Commission shall determine that:

   (A)   The plan is consistent with any plan for the orderly development of the City and, when applicable, conforms in all respects to the approved or provisionally approved general development plan, provided however, that the Planning Commission may authorize plans as specified § 150.1414.

   (B)   The appropriate use and value of property within and adjacent to the area will be safeguarded.

   (C)   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

   (D)   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.

   (E)   The development will have adequate public service and open spaces.

   (F)   The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Code.

   (G)   The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity.

   (H)   The proposed signs:

      (1)   Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; that the base of ground-mounted signs are adequately landscaped;

      (2)   Adequately identify the use; and

      (3)   Are located so as to maintain safe and orderly pedestrian and vehicular circulation.

   (I)   The landscape plan will adequately provide the following:

      (1)   Enhance the principal building and site;

      (2)   Maintain existing trees to the extent possible;

      (3)   Buffer adjacent incompatible uses;

      (4)   Break up large expanses of pavement with natural material; and

      (5)   Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.

   (J)   Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Code and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters. The final water management and sediment control plan is subject to review and final approval by the City Engineer or consulting engineer.

   (K)   If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.

   (L)   The project complies with all other local, state and federal laws and regulations.

(Ord. 5-2005, passed 3-23-05)

   In their review of an application, the Planning Commission may request that the applicant supply additional information that the Commission deems necessary to adequately review and evaluate the proposed development.

(Ord. 5-2005, passed 3-23-05)

   If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Chapter 156. Preliminary development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.

(Ord. 5-2005, passed 3-23-05)

   (A)   For a general or final development plan, the Planning Commission shall either:

      (1)   Approve the development plan as submitted; or

      (2)   Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the yard layout, open space arrangement, on-site control of access to streets or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or

      (3)   Deny the development plan when the application does not demonstrate that the required standards have been met. Such denial may be appealed to Council by the applicant if a Notice of Appeal is filed with the Planning Commission and the Clerk of Council within 14 days of the date the applicant's development plan is denied in writing by the Planning Commission. Such appeal shall be heard as provided in § 150.1415.

   (B)   If the Planning Commission fails to act on the application within 120 days from the date the application was determined to be administratively complete, or an extended period as may be agreed upon, then the applicant may deem the development plan to be denied and such denial may be appealed to Council by filing a written Notice of Appeal with the Planning Commission and the Clerk of Council at anytime after the 120 day date, and before a final decision on such development plan is made by the Planning Commission.

(Ord. 5-2005, passed 3-23-05)

   In reviewing the application, the Planning Commission may find that a general or final development plan either adheres or is equivalent to the requirements of this Zoning Code.

   (A)   The Planning Commission may consider elements of a general or final development plan to be equivalent to a requirement if:

      (1)   The proposed general or final development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;

      (2)   Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and

      (3)   The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.

   (B)   It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this section have been satisfied. When evaluating the application with respect to this section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such finding, the Commission may approve the proposed application, including waivers from the numerical or dimensional standards herein, as if the application were in strict compliance with the standards and requirements in this Zoning Code. Any plan approval which includes an equivalency approved by the Planning Commission must be reviewed and confirmed by Council before finally approved for development.

   (C)   If the Planning Commission fails to find that an equivalency waiver is appropriate, Planning Commission shall complete its review, after which the applicant may apply for an appropriate variance from the Board of Zoning Appeals. The 120-day period for development plan review, as required in § 150.1413(B), shall be suspended during the Board of Zoning Appeals’ review of such variance request on a final development plan.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 6-2010, passed 7-7-10)

   (A)   Council shall hold a public hearing on any appeal brought before Council under § 150.1413(A) or (B), or to review and confirm a development plan with equivalencies approved by the Planning Commission pursuant to § 150.1414(B). Such public hearing shall be held within 30 days of the date the appeal is appropriately filed with both the Planning Commission and the Clerk of Council, or within 30 days of the Planning Commission's written approval of the equivalencies as provided in § 150.1414(B).

   (B)   Notice of such public hearing shall be given by first class mail to the applicant/appellant and to the property owners within 300 hundred feet of the property to which the appeal relates, or to the property to which the development plan relates for which such equivalencies were granted. Such notification shall be sent to the names and addresses of such owners appearing on the County Auditor's current tax list. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person, or entity at the listed address and to the named owners at the street address of the property. Further notice shall be given in one or more newspapers of general circulation in the City. Such written notice shall be mailed, and such publication shall be made, at least fourteen days before the date of said public hearing. All notices shall set forth the time, place and nature of the public hearing. Failure of the delivery of such notice shall not invalidate any action taken as a result of such public hearing. The Council may continue or defer its consideration and no further notice shall be required.

   (C)    Equivalencies Review. The purpose of Council's review of a development plan which contains equivalencies approved by the Planning Commission is to allow Council to confirm or deny the proposed equivalencies. In doing so Council shall rely upon the written findings of the Planning Commission granting such equivalency as required by § 150.1414(B) and such additional evidence as has been previously presented to the Planning Commission. Council shall accept no new evidence to support or oppose such equivalencies. At the public hearing the applicant shall be given an opportunity to make a statement in support of the equivalencies and Council may take further public comment concerning the recommendation of the Planning Commission and in support of or in opposition to the Planning Commission recommendation and the evidence considered. Within 30 days of the public hearing Council shall act upon the development plan according to the following:

      (1)   Council, by a majority vote, may confirm the recommended equivalency from the Planning Commission; or

      (2)   Council, by a majority vote, may remand the recommendation back to the Planning Commission for further study and review of items specified by Council. Any additional review must be completed by the Planning Commission within 30 days of its remand, after which a report of the Planning Commission's action shall be returned to Council. Council shall then act upon the return of the remand within 30 days, or

      (3)   Council, by five concurring votes, may approve a modification of the recommended equivalencies from the Planning Commission; or

      (4)   Council, by five concurring votes, may reject the recommended equivalencies from the Planning Commission.

   Council's failure to act within 30 days of the public hearing or within 30 days of the return of the remand to Council from the Planning Commission; whichever is later, shall be deemed a confirmation of the Planning Commission's recommended equivalencies.

   (D)   Appeal Under § 150.1413(A)(3). At a public hearing, upon any appeal brought before Council, under § 150.1413(A)(3), Council's review shall be limited to a review of the written findings from the Planning Commission denying such application and such other evidence as has been previously submitted to the Planning Commission for their consideration. Council shall accept no new evidence at such appeal hearing. At the hearing, Council shall allow the Applicant/Appellant the opportunity to comment upon the evidence and the decision of the Planning Commission and Council may take further public comments either in support of or in opposition to the denial by the Planning Commission and the evidence considered. Within 30 days of Council's hearing on such appeal, Council shall act according to the following:

      (1)   Council, by majority vote, may affirm the decision of the Planning Commission denying the site plan; or

      (2)   Council, by majority vote, may remand the appeal back to the Planning Commission for a further study and review of items specified by Council. Any additional review by the Planning Commission must be completed within 30 days of its remand, after which a report of the Planning Commission's action shall be returned to Council. Council shall act upon the return of the remand within 30 days; or,

      (3)   Council, by five concurring votes, may overrule the denial by the Planning Commission approving the application as submitted or with such additional modifications as Council may approve by five concurring votes;

   Council's failure to act within 30 days of the public hearing, or within 30 days of the return of the remand to Council from the Planning Commission, whichever is later, shall be deemed a denial of the appeal of the Planning Commission's decision.

   (E)   Appeal Under § 150.1413(B). At a public hearing upon an appeal brought before Council under § 150.1413(B), Council's review shall be limited to review of the evidence as has been previously submitted to the Planning Commission for their consideration and from which no action was taken by the Planning Commission in a timely manner. Council shall take no new evidence at such appeal hearing. Within 30 days of Council's hearing on such appeal, Council shall act according to the following:

      (1)   Council, by majority vote, may remand the appeal back to the Planning Commission for a further study and review of items specified by Council. Any additional review by the Planning Commission must be completed within 30 days of its remand after which a report of the Planning Commission's action shall be returned to Council. Council shall then act upon the return of the remand within 30 days.

      (2)   Council, by five concurring votes, may approve the development plan as submitted to the Planning Commission or as submitted to the Planning Commission with such additional modifications as Council may establish by five concurring votes. If the proposed plan includes any equivalencies, Council must find support for such equivalencies consistent with the standards set forth in § 150.1414(A)(1) - (A)(3). If Council fails to approve the development plan by 5 concurring votes, the proposed plan is then denied, unless Council by the affirmative vote of four or more members refers the appeal back to the Planning Commission as provided in division (1) above.

   Council's failure to act within 30 days of the public hearing or 30 days of the return of the remand to Council from the Planning Commission, which ever is later, shall be deemed a denial of the proposed plan.

(Ord. 5-2005, passed 3-23-05)

   An approved development plan shall become for the proposed development a binding commitment of the specific elements approved for development.

   (A)   The approved development plan may not be transferred by the applicant to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit, without the written approval of the Planning Commission. A request for such a transfer or change of ownership shall be presented to the Planning Commission and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original development plan.

   (B)   After the approval of the development plans, the applicant shall obtain a zoning certificate and building permit prior to construction.

   (C)   All construction and development under any building permit shall be in accordance with the approved plan. Any departure from such plan shall be cause for revocation of the Zoning Certificate.

   (D)   No certificate of occupancy shall be issued unless all facilities and improvements that are included on the approved plans are provided.

(Ord. 5-2005, passed 3-23-05)

   An approved development plan shall remain valid for a period of 12 months following the date of its approval. Two 6-month extensions may be granted by the Zoning Administrator. Any further extension requires written approval by the Planning Commission.

   (A)   General Development Plan. If, at the end of that time, a final development plan has not been submitted to the Zoning Administrator, then approval of the general development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with this Chapter.

   (B)   Final Development Plan. If, at the end of that time, construction of the development has not begun, then approval of such final development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this Chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.

(Ord. 5-2005, passed 3-23-05)