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(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)