309 PROCEDURES Development Plan 20 Chapter Franklin Zoning Ordinance Effective July 1, 2024 neighborhood amenities that are necessary and desirable for residents of the project or that are of benefit to the City are constructed as early in the project phasing as is technically feasible. B. Recommendations and final action for a modification of standards shall be based on consideration of the following criteria: 1. The modification will enhance the design of the development more than if the standards were strictly adhered to; 2. The conditions upon which the request is based are unique to the design intent for the development and are not applicable generally to other property; and 3. The modification is consistent with the intent of Envision Franklin. C. Conditions of approval may be imposed to: 1. Secure the purposes of this Ordinance and protect the public health, safety, and general welfare; and 2. Ensure compatibility of development with surrounding land uses and buildings. 20.8.14 Effect of Approval on Project Entitlements and Design The project entitlements approved in the development plan shall be subject to the application of the development standards of this Ordinance, as may be modified by any MOS, and any conditions of approval. If, upon the application of the development standards, as may be modified by any MOS, and the conditions of approval, the applicant cannot achieve the maximum approved entitlements, the applicant shall be confined to the entitlements achieved from the application of the standards in this Ordinance, as may be modified by any MOS, and any conditions of approval. The applicant may not apply for a variance to achieve the maximum allowable entitlements after approval of the development plan. 20.8.15 Expiration of a Development Plan A. In accordance with T.C.A. § 13-4-310, development plans will expire three years after their approval date, corresponding to the expiration of their vesting. The approval date is the effective date of the resolution as voted on by the BOMA. B. To keep a development plan valid, an applicant must: 1. Secure the approval of a site plan (for purposes of T.C.A. in this instance is considered the final development plan); 2. Obtain necessary permits to start site preparation; and 3. Begin site preparation work, which includes any of the following activities: excavating, grading, demolition, removing excess debris to allow for proper grading, or providing a surface for a proper foundation, drainage, and settling for a development project, and physical improvements, such as water and sanitary sewer lines, footings, or foundations installed on the site for which construction permits are required. C. If all three requirements are met, a development plan will be valid for an additional two years. D. A development plan will then expire within five years (three years plus the additional two years granted) of the original approval date, unless the applicant commences construction. Construction, for purposes of
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