335 PERFORMANCE AGREEMENTS Maintenance Agreement 21 Chapter Franklin Zoning Ordinance Effective July 1, 2024 21.6 Maintenance Agreement 21.6.1 Establishment of a Maintenance Agreement A. Upon release of the performance agreement, the applicant shall be required to enter into a maintenance agreement for the completed improvements and required landscape covered by the performance agreement to ensure against defects in workmanship and materials. B. The Department of Planning and Sustainability shall prepare a maintenance agreement and the applicant shall fully execute the maintenance agreement with the City. The maintenance agreement shall comply with the following: 1. The maintenance agreement shall remain in effect for a period of one year or until final release of the maintenance agreement by the Department of Planning and Sustainability or other appropriate City departments, whichever period is longer; and 2. Street maintenance agreements shall meet Subsection 21.5.4, Specific Procedures for Final Topping of a Street. 21.6.2 Calculation of Maintenance Agreement Amounts The maintenance agreement shall be in an amount satisfactory to the appropriate City departments; however: A. Landscape improvements shall be no less than 25 percent of the original amount, rounded up to the nearest thousand, or $3,000.00, whichever is greater; B. All other improvements shall be no less than ten percent of the original amount or $2,500.00, whichever is greater. 21.6.3 Procedures A. Upon the request of the applicant, or automatically after a period of one year from the release of performance, whichever is greater, the Department of Planning and Sustainability shall consider the release of the maintenance agreement. B. The Department of Planning and Sustainability, upon the recommendation of the appropriate City department, may release or extend a maintenance agreement. C. Extensions of maintenance agreements shall be as determined by the appropriate City departments per Subsection 21.4.1, Extension Period. D. Prior to taking action on a request to release a maintenance agreement, the Department of Planning and Sustainability shall provide public notification of the decision on the City’s website at least seven days prior to taking action on the request. 21.7 Failure to Complete Improvements Where a performance agreement and/or maintenance agreement have been entered into and required improvements have not been installed and/or maintained within the terms of the agreement and the timeframe pursuant to Section 21.3, Performance Agreement Period, then: A. The Department of Planning and Sustainability may recommend to the FMPC of the need to call the agreement and surety. B. Following a recommendation, the FMPC may declare the agreement to be in default and authorize the calling of the agreement and surety and the completion of the improvements under the supervision of City departments.
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