1127.13  ACTION BY PLANNING COMMISSION. 
   (a)   The Planning Commission shall review the development plan according to the criteria in Sections 1127.19 and 1127.21, as applicable.
   (b)   Following its review, for a preliminary or final development plan, the Planning Commission shall:
      (1)   Approve the development plan as submitted; or
      (2)   Approve the development plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback 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.
   (c)   For a preliminary or final development plan, the Planning Commission may also postpone the development plan, providing guidance to the applicant regarding alterations to the proposed development plan that may address the concerns expressed by the Planning Commission.   
   (d)   The Village shall promptly furnish the applicant with its written report on the preliminary development plan or its decision on the final development plan. 
   (e)   Failure of the Planning Commission to Act.  Failure of the Planning Commission to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, shall be deemed a denial of the application.
   (f)   Re-application after Denial.  The Building Inspector shall accept no re-application for a development plan unless the re-application is based on a revised application that addresses the reasons for the denial of the initial application.  A re-application shall comply with all the requirements of this Chapter, including payment of the required fee.  If an application is denied as a result of sub-section 1127.13 (e), the Building Inspector shall accept a re-application for development plan review that has not been revised from the previous submittal.
   (g)   Issuance of Zoning Certificate.  If the final development plan is approved or approved with conditions, the Building Inspector shall issue a Zoning Certificate pursuant to Chapter 1129, Certificates.  However, the Zoning Certificate shall not be issued until:
      (1)   At the Building Inspector's discretion, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the Village a performance guarantee approved by the Village Engineer in the amount of the estimated cost of the required physical improvements as determined by the Village Engineer.  The agreement and the performance guarantee shall provide for completion of all work within a time specified to be determined by the Village Engineer or before occupancy is allowed in any structure, whichever shall occur first.
      (2)   The approval of the final development plan or the installation of improvements as required by this Planning and Zoning Code shall not obligate the Village to accept improvements for maintenance, repair, or operation.  Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
      (3)   Before a Certificate of Zoning Compliance may be issued, the property owner shall provide to the Building Inspector a statement that all phases of the facility, development, or structure have been constructed in conformance with approved plans, documentation, and specifications.
         (Ord. 2012-21.  Passed 7-11-12.)