Franklin Zoning Ordinance

317 PROCEDURES Vesting 20 Chapter Franklin Zoning Ordinance Effective December 30, 2019 20.19 Vesting 20.19.1 Initiation of Vesting A. In accordance with T.C.A. § 13-4-310, and subject to the exceptions set forth in said statute, vesting shall be initiated by the approval of a plan listed below on or after January 1, 2015, by the applicable review body: 1. Development plan; 2. Preliminary plat; or 3. Site plan that is not associated with an approved development plan or preliminary plat. B. For the remainder of this Section, these approved applications shall be referred to as “vested plan s”. 20.19.2 Vesting Periods A. The approval of a plan in accordance with Subsection 20.19.1, Initiation of Vesting, will initiate a vesting period, during which the development standards adopted by the City and in effect on the date of approval shall remain the applicable standards to the vested plan during its vesting period. B. The vesting period applicable to a vested plan shall be a period of three years and begins on the date of approval by the applicable review body, which is either: 1. The effective date of the BOMA resolution approving the development plan; 2. The meeting date of the FMPC meeting approving the preliminary plat or site plan (not associated with an approved development plan or preliminary plat); or 3. The date of the administrative agenda approving the preliminary plat or site plan (not associated with an approved development plan or preliminary plat. C. To keep a vested plan vested, an applicant must: 1. Secure the approval of a site plan (only applicable when a development plan or preliminary plat is the vested 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. D. Should the applicant meet the three requirements of Paragraph 20.19.2.C, the vesting period shall be extended an additional two years from the date of the expiration of the three-year period. During this additional time granted, the applicant shall commence construction and maintain any necessary permits in order to remain vested. Construction, for purposes of this Section, means that any foundations for a building are installed and the building has begun to be erected vertically. E. If construction commences, the vesting period shall be extended for a total of ten years from the date of approval of the vested plan, provided that the applicant maintains any necessary permits during the ten-year period. F. If the vested plan is identified with two or more sections/phases, then the vesting period shall be extended for total of 15 years from the date of approval of the vested plan, provided that the applicant