a. Administrative development plan review. An application shall be approved, denied, or approved with conditions within twenty-five (25) days of the certificate of completeness or within any further time that is agreed to in writing by the applicant and Administrative Officer. The Administrative Officer may refer the application to the Technical Review Committee for review and recommendation.
b. Formal development plan review. Preliminary plan. Unless the application is reviewed under unified development review, the Planning Board will approve, deny or approve with conditions, the preliminary plan within sixty-five (65) days of certification of completeness, or within any further time that is agreed to by the applicant and the permitting authority. The Planning Board shall hold a public hearing consistent with the notice requirements of § 320(A) of Chapter 152. The Administrative Officer shall refer the application to the Technical Review Committee for review and recommendation.
1. Final Plan. For formal development plan approval, the permitting authority shall delegate final plan review and approval to the Administrative Officer. The Officer will report its actions in writing to the Planning Board at its next regular meeting, to be made part of the record. Final plan shall be approved or denied within forty-five (45) days after the certification of completeness, or within a further amount of time that may be consented to by the applicant, in writing.
c. Failure to act. Failure of the permitting authority to act within the period prescribed constitutes approval of the preliminary plan and a certificate of the Administrative Officer as to the failure to act within the required time and the resulting approval shall be issued on request of the application.
d. Vested rights. Approval of development plan review shall expire two (2) years from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording. Validity may be extended for an additional period upon application to the Administrative Officer or permitting authority, whichever entity approved the application, upon a showing of good cause.
e. Modifications and changes to plans.
1. Minor changes to the plans approved at any stage may be approved administratively, by the Administrative Officer, whereupon final plan approval may be issued. The changes may be authorized without an additional Planning Board meeting, at the discretion of the Administrative Officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the Administrative Officer from requesting recommendation from either the Technical Review Committee or the (permitting authority). Minor changes shall include:
i. Changes to correct typographical errors
2. Denial of the proposed change(s) shall be referred to the permitting authority for review as a major change.
3. Major changes to the plans approved at any stage may be approved only by the permitting authority and must follow the same review and hearing process required for approval of preliminary plans. which shall include a public hearing. Major changes shall include any change not classified as a minor change.
4. The Administrative Officer shall notify the applicant in writing within fourteen (14) days of submission of the final plan application if the Administrative Officer determines that there has been a major change to the approved plans.
f. Appeal. A decision under this section shall be considered an appealable decision.