(a) (1) The Planning Commission shall approve or disapprove the final plat within 30 days after it has been filed. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated for the records of the Commission and a copy of said record shall be forwarded to the subdivider. The Commission shall not disapprove the final plat if the developer has done everything that he was required to do and has proceeded in accordance with the conditions and standards specified in the approved preliminary plat. If disapproved, the subdivider shall make the necessary corrections and resubmit the final plat within 30 days to the Commission for its final approval.
(2) If a plat is refused by the Commission, the person submitting the plat which the Commission refused to approve may file a petition within ten days after such refusal in the court of common pleas of the county in which the land described in said plat is situated to reconsider the action of the Commission.
(b) Commercial and/or Industrial Subdivisions; Approval of Staged Construction.
(1) Staged construction. If development of the commercial subdivision is to be carried out in progressive stages, each stage must be planned so that the requirements and intent of these regulations shall be complied with fully at the completion of each stage.
(2) Action on final site plan; compliance with preliminary site plan. Not more than 30 days after receipt of a final site plan for the commercial subdivision or for any stage thereof, the Planning Commission shall determine whether such final plan is in compliance with the preliminary plan as approved by the Commission. If the final plan is determined to be in compliance and if all applicable requirements of this subsection also are complied with, the Planning Commission shall approve the final plan. In all other instances the Planning Commission shall disapprove the final plan and shall so notify the applicant, in writing. If the final plan is disapproved because of noncompliance with the preliminary plan, the final plan thereafter may be submitted to the Planning Commission as an amended preliminary plan. The procedure for the consideration of such amended preliminary plan shall be the same as that for the consideration of an original preliminary plan.
(3) Change of final site plan. If the applicant wants to make any amendment to an approved final plan, a written request shall be submitted to the Planning Commission. If, in the opinion of the Planning Commission, a requested change is substantial, the Planning Commission shall require the submission of an amended final plan. The procedure for the consideration of such written request or of such amended final plan shall be the same as that for the consideration of a final plan.
(Ord. 12-02. Passed 7-8-02.)