21 334 Chapter Procedure for Reduction or Release of Improvements PERFORMANCE AGREEMENTS Franklin Zoning Ordinance Effective January 1, 2023 minimum of six months and a maximum of one year to the next agenda date that occurs in the same month of the following year; or 3. Extend the improvements for a minimum of six months and a maximum of one year to the next agenda date that occurs in the same month of the following year. 21.5.4 Specific Procedures for Final Topping of a Street A. Final topping (lift) of a street may be permitted when at least 90 percent of the lots in the subdivision, or the section or sections thereof for which the performance agreement was established, have received certificates of occupancy for buildings located on the lots in question. The performance agreement for street improvements may be released when final topping is completed and accepted, provided that a maintenance agreement is established. Final topping of a street surface may be installed prior to issuance of 90 percent of certificates of occupancy under the following conditions: 1. The segment or sections of street have been in place for a period of not less than four years, unless otherwise determined by the Streets Department that installation of the final topping will preserve the structural integrity of the binder and base; 2. The base, binder, curb, gutter, and structures within the segment or sections of the street to be topped have been inspected and approved by the Streets Department; 3. Upon satisfactory installation and acceptance by the Streets Department of the final topping, the performance agreements for said street improvements may be released provided a maintenance agreement is established for a period that extends one year beyond the point in time 90 percent of the lots in the subdivision or the segment or sections thereof for which the performance agreement was established, have received certificates of occupancy for buildings located on the lots in question; and 4. Except as provided, the lots adjacent to the segment or sections of street accepted shall be subject to contractor’s security deposits pursuant to Title 12 of the Municipal Code. B. In developer/builder-controlled subdivisions, where the developer and builder are the same legal entity, contractors’ security deposits shall not be required until the maintenance agreement is no longer in effect as described above. C. Once such a written statement from the engineer or landscape architect has been received stating that the public improvements, applicable private infrastructure, or landscape have been installed in accordance with the plans and specifications approved by the appropriate City departments, an inspection by the relevant department shall be performed at no cost to the applicant. 21.5.5 Appeals Regarding Performance Agreements The applicant may, upon administrative disapproval of a request for extension, reduction, or release of a performance agreement, appeal the administrative decision to the FMPC. Appeals shall be filed within ten days of the adverse decision and shall be set for hearing on the next available FMPC agenda.
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