(a) Council shall render its decision and communicate it to the applicant not later than ninety days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should such next regular meeting occur more than thirty days following the filing of the application, such ninety day period shall be measured from the thirtieth day following the day the application has been filed. Failure of Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. (Ord. 19-1991 §8. Passed 7-2-91.)
(b) When the plan is not approved in terms as filed, the decision shall specify the defects found in its application and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.
(c) From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in the Subdivision and Land Development Ordinance, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinance or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations. When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
(Ord. 12-1982 See. 3.90. Passed 11-3-82.)