21 332 Chapter Procedure for Reduction or Release of Improvements PERFORMANCE AGREEMENTS Franklin Zoning Ordinance Effective July 1, 2024 21.4.4 Maximum Reductions for Landscape Improvements A. The reduction of the amount for landscape improvements shall not be reduced to less than 75 percent of its original amount, rounded up to the nearest thousand, irrespective of the estimated cost of completing the improvements. B. Costs incurred by the applicant associated with a request for the extension, reduction of the surety, or release of the performance agreement and surety (inclusive of landscape architect or engineering inspections fees, legal fees, and so forth) shall be borne by the applicant, regardless of whether the request is ultimately granted. 21.4.5 Release of Performance Each improvement may be released from performance: A. When a one-year maintenance agreement is established and surety is reduced accordingly; B. When each public improvement, private improvement, landscape improvement, or off-site improvement (as applicable) have been completed; and C. When the applicant has submitted all information necessary to adequately review the request. 21.4.6 Acceptance A. The release of performance shall constitute the acceptance of the improvements by the City, pursuant to Subsection 21.4.5, Release of Performance. B. Approval of a site plan or final plat shall not constitute acceptance. The Department of Planning and Sustainability may require the site plan or final plat to be endorsed with appropriate notes to this effect. 21.5 Procedure for Reduction or Release of Improvements 21.5.1 Submittal Requirements Any request for reduction or release of an improvement in performance shall be submitted in writing to the Department of Planning and Sustainability. The request shall include: A. A completed action request form, found on the City website; B. The percentage amount of completion of each required improvement; and C. A written statement from the engineer or landscape architect employed by the applicant, stating that the improvements have been installed in accordance with the approved plans and specifications. D. All stormwater infrastructure with a storm sewer size of 12 inches and larger shall be video-inspected to verify proper installation with the video recording and any associated inspection report submitted as part of a drainage as-built record. The professional preparing the video shall be certified by the NASSCO Pipeline Assessment Certification Program (PACP®). Video documentation shall be prepared in conjunction with preparation of drainage as-builts, shall be no more than 90 calendar days prior to a performance release request submittal and shall be submitted with the drainage asbuilts. Additional testing may be required if warranted by video inspection. E. Sanitary sewer infrastructure considered accepted City assets shall be videoinspected to verify proper installation and maintenance, with the video recording and any associated inspection report prepared and submitted between 60 and 90 calendar days prior to the end of the oneyear maintenance period, to be utilized
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