Making a development condition stick after the approval is granted.
Esshaki Legal Media TeamCurrent as of April 2026
Conditions attached to a land use approval are only as good as the mechanism for
enforcing them years later.
Record them. A recorded development agreement or a recorded resolution
describing the conditions, so that successors and their lenders take notice.
Conditions in minutes alone bind the applicant and not a subsequent owner.
Tie to the permit. Conditions should be stated as continuing obligations,
and the ordinance should provide that a violation is a violation of the zoning
ordinance enforceable by the ordinary mechanisms.
Financial assurance. Bonds, letters of credit or escrow for site
improvements, with a defined release schedule tied to inspection and a right to
draw on default. Letters of credit require attention to expiry and to evergreen
provisions.
Inspection and certification. As-built drawings, engineer certification, and
a final inspection before the certificate of occupancy.
Ongoing conditions — landscaping maintenance, hours of operation, lighting,
noise, screening — need a monitoring mechanism, since nobody will notice their
lapse.
Revocation. The ordinance should permit revocation of the approval for
violation after notice and hearing, which is a stronger remedy than a civil
infraction.
Amendment. A defined process for modifying conditions, so that reasonable
changes do not require a new approval.