(A) Within a reasonable time following the applicant's satisfaction of all requirements for secondary approval stated under § 152.125, the Plan Commission shall either grant, with or without conditions, or deny secondary approval of the development plan. If secondary approval is denied, the Plan Commission shall, within five days thereafter, furnish the applicant with a written list of the reasons for denial.
(B) Notwithstanding the requirements of this chapter for submission to the Plan Commission, the Commission may, upon written request by the applicant, supported by evidence that all submissions have been timely filed, grant secondary approval of a development plan although one or more approval(s) may not have been delivered to or received by the Commission. The Commission may grant secondary approval only when the applicant provides a written statement made under oath and approved by the Commission or the Commission staff, for recordation as a protective covenant or supplement thereto, stating that the applicant will cause to be provided at his cost all things necessary to attain or accomplish the delivery of the required approval(s) which shall then have been delivered to or received by the Commission. If the applicant does not then deliver the approval(s) in a timely fashion, the Commission is empowered to refuse to issue either improvement location permits or certificate of occupancy permits. Once the applicant has thereafter secured and delivered to the Commission the required approval(s), the Zoning Administrator shall then execute a recordable document, which shall be recorded by the applicant at his expense, rescinding the aforesaid recorded written statement.
(Ord. 466, § 2-13-7, passed 5-11-98)