1127.23 ACTION BY PLANNING COMMISSION.
   (a)   The Planning Commission shall review the development plan according to the applicable criteria in Section 1127.15 and Section 1127.17.
   (b)   Following its review, for a preliminary or detailed development plan, the Planning Commission shall:
      (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 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 detailed development plan, the Planning Commission may also postpone the development plan for the next scheduled Planning Commission meeting, demonstrating to the applicant an acceptable alternative plan.
   (d)   The City shall, by registered or certified mail, promptly furnish the applicant with its written report on the preliminary development plan or its decision on the detailed 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, the applicant may deem the application denied.
   (f)   Re-application after Denial. The Zoning Administrator shall accept no re-application for a development plan unless the re-application is based on a revised application that addresses the justification 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 1127.23 (e), Failure of the Planning Commission to Act, the Zoning Administrator 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 detailed development plan is approved or approved with conditions, the Zoning Administrator shall issue a Zoning Certificate pursuant to Chapter 1129, Zoning Certificates and Certificates of Zoning Compliance. However, the Zoning Certificate shall not be issued until:
      (1)   At the Zoning Administrator'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 City a security or performance guarantee approved by the City Engineer in the amount of the estimated cost of the required physical improvements as determined by the City Engineer. The agreement and the security shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
      (2)   The approval of the detailed development plan or the installation of improvements as required by this Development Code shall not obligate the City 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)   Prior to the issuance of a Zoning Certificate, the applicant shall furnish to the Zoning Administrator for his approval, a certificate establishing the name, address and registration number of the architect and/or engineer who, at the expense of the applicant, will be responsible for the inspection of the building or structure. Before a Certificate of Zoning Compliance may be issued, the supervising architect and/or engineer must provide to the Zoning Administrator a certificate that all phases of the facility or structure have been constructed in conformance with approved plans, documentation, and specifications.