Laserfiche WebLink
(1) Within sixty days following the close of the public hearing(s), or a <br /> longer time period as agreed to by the applicant, the commission <br /> shall either deny or approve the application. The decision, whether <br /> to grant or to deny the application, shall require a majority vote of <br /> the total membership of the Commission. In the event the <br /> Commission fails to render a decision to approve or deny within the <br /> prescribed time limit, the request shall be considered denied. <br /> The applicant may request the Commission to defer action on the <br /> application. A majority vote of the total membership of the <br /> Commission is required if applicant requests to defer action on the <br /> application. In the event the Commission fails to render a decision <br /> to defer action within the prescribed time limit, the request shall be <br /> considered denied. <br /> (2) Notice of Decision: Notice of the decision shall be promptly given <br /> to the applicant by delivery thereof or by mailing or electronically <br /> mailing the notice to the applicant's last known address. <br /> (3) Reconsideration: In the event an application is denied due to the <br /> Commission's failure to render a decision within the period <br /> prescribed by Section 9-11(f)(1) above, the applicant may, within <br /> ten calendar days after receipt of notice of the denial, request <br /> reconsideration of that decision.Upon such request,the Department <br /> shall place the application on the agenda of Commission for its <br /> reconsideration at the next meeting. In the event the Commission <br /> fails to render a decision by a majority vote of its total membership <br /> at the next meeting, the application shall be considered as denied. <br /> (4) Refiling: Whenever an application for a Special Management Area <br /> Use Permit has been denied, no new application for the same or <br /> similar development, covering all or any portion of the property <br /> involved in the application, shall be accepted by the Commission <br /> through the Director for a period of two years from the effective date <br /> of the denial of the application; provided, however, that upon <br /> showing of a substantial change of circumstances the Commission <br /> may permit the filing of a new application prior to the expiration of <br /> such a two-year period. <br /> (5) Appeals: <br /> (A) Any decision of the Commission so made within the context <br /> of this article shall be appealable to the Third Circuit Court. <br /> The notice of appeal shall be filed in the Third Circuit Court <br /> within thirty (30) days after the person desiring to appeal is <br /> 9-19 <br />