(a) The Planning Commission shall determine if the preliminary site plan application is complete and ready for decision.
(b) If the Planning Commission requires the application to be revised, the Commission shall refer the applicant back to the Economic and Community Development Department. The applicant may resubmit the site plan application to the Economic and Community Development Department for its review and advice once the application has been revised to meet the Commission's recommendations. The Economic and Community Development Department shall then forward the revised application to the Commission for decision and action. If a referred application is not received by the Economic and Community Development Department within sixty calendar days after the referral to the Economic and Community Development Department, the application shall be deemed to be withdrawn.
(c) Within thirty calendar days after the revised application has been submitted to the Planning Commission, the Planning Commission shall render act by resolution. This time period may be extended upon the mutual consent of the Planning Commission and the applicant.
(d) ACTION BY RESOLUTION.
(1) The Planning Commission shall act by resolution to approve, approve with modifications, or disapprove the site plan application. All such resolutions shall be written decisions. A resolution of either approval or approval with modifications shall include authorization to the Planning Commission Chairman to stamp and sign the site plan upon the applicant’s compliance with the submission requirements stated therein.
(2) If the Planning Commission’s resolution includes a requirement that modifications be incorporated in the site plan, conformance with said modifications shall be considered a condition of approval and shall be satisfied prior to signing of the site plan.
(3) If the site plan is disapproved, the Planning Commission’s resolution shall state specific reasons for such decision. In such a case, the Planning Commission may recommend further study of the site plan and resubmission to the Planning Commission after it has been revised or redesigned.
(e) Every decision of the Planning Commission with respect to a site plan shall be filed in the Economic and Community Development Department after such decision is recorded.
(f) Upon approval, approval with modifications, or disapproval the Economic and Community Development Department shall mail to the applicant a copy of the written decision of the Planning Commission within five business days after such decision. A copy of the appropriate minutes may suffice for this notice.
(g) Upon approval or approval with modifications, the Planning Commission shall immediately endorse a copy of the site plan and forward it to the Building Department which shall then issue the appropriate permit if the project conforms to all other applicable requirements.
(h) Upon disapproval, the Planning Commission shall so inform the Building Department, which shall not issue a building permit or certificate of occupancy or of completion.
(i) All mailings shall be by ordinary first-class mail to the applicant and his attorney, if any, at the address given by the applicant on the application form.
(j) Specifications for all improvements shown on the site plan shall be those set forth in this local law and in other local laws, rules and regulations, or in construction specifications of the City of Wheeling.
(k) Failure on the part of the Planning Commission to act shall be deemed to constitute approval, unless the time limit is extended by stipulation with the applicant.
(l) SUBMISSION REQUIREMENTS FOR STAMPING. After receiving site plan approval, with or without modifications, from the Planning Commission, the applicant shall within six calendar months submit prints and reproducible mylars (or other reproducible originals) of the site plan to the Planning Commission for stamping and signature by the Chairman. The site plan submitted for stamping shall conform strictly to the site plan approved by the Planning Commission except that it shall further incorporate any revisions or other modifications required by the Planning Commission and shall be accompanied by the following additional information:
(1) A record of application for and approval status of all necessary permits from federal, state and county officials and agencies.
(2) Detailed sizing and final material specification of all required improvements.
(3) An estimated project construction schedule and, if a performance guaranty is to be provided by the applicant for all or some portion or the work, a detailed cost estimate for the installation and inspection of site improvements.
(m) EFFECT OF STAMPING BY PLANNING COMMISSION. Upon stamping and signature by the Chairman, the Planning Commission shall forward a copy of the approved site plan to the Building Department, Planning Administrator, Economic and Community Development Department, and the applicant. A building permit or certificate of occupancy, as applicable, may then be issued if the project conforms to all other applicable requirements, including the applicant’s presentation of documentation that all necessary permits and approvals from federal, state and county officials and agencies have been issued.
(n) The Building Inspector shall not issue a building permit, or where no building permit may be required, a certificate of occupancy or certificate of completion for all buildings or structures and outdoor uses of land, except upon authorization of, and in conformity with, the preliminary site plan approval by the Planning Commission, as per Section 1373.11(e).