Franklin Zoning Ordinance

319 PROCEDURES Vesting 20 Chapter Franklin Zoning Ordinance Effective December 30, 2019 maintains any necessary permits during the fifteen-year period. G. In the case of developments which proceed in two or more sections or phases as described on the vested plan, there shall be a separate vesting period applicable to each section or phase. The development standards which are in effect on the date of approval of the vested plan for the first section or phase shall remain the development standards applicable to all subsequent sections or phases of the development; provided, that the total vesting period for all phases shall not exceed 15 years from the date of approval of the vested plan for the first section or phase, provided that the applicant maintains any necessary permits during the 15-year period. 20.19.3 Extension of Vested Rights A. An applicant may request an extension of their vesting period, which is subject to review and approval by the original review body; however, if the DRT was the original review body, the FMPC shall serve as the review body for the requested extension. B. The extension request shall be made prior to end of the vesting period. C. The extension request shall be provided in writing to the Department of Planning and Sustainability. The request shall provide rationale as to why the extension shall be granted, and how the extension of the vesting period is in the best interest of the community to allow the development to proceed under the existing plan while extending the vested property right. D. The extension request shall specify a new expiration of the vesting period. E. If the extension is not granted, the vested rights will terminate at the end of the original vesting period. 20.19.4 Revision of Vested Plans and Retention of Vested Rights A. Recommendations and final action on a revision to a vested plan shall be based on consideration of the following criteria: 1. Whether the proposed revision is consistent with all standards of the Ordinance and other applicable development standards in effect on the original approval date of the vested plan; and 2. Whether the proposed development meets all the requirements or conditions of any other applicable development approvals, such as a development plan or associated modification of standards. B. If a governing review body approves a revision to a vested plan , the vesting right is retained. C. A revision to a vested plan may be denied based on the following as it is deemed to affect vesting: 1. Alters the proposed use; 2. Increases the overall area of development; 3. Alters the size of any nonresidential structures included in the development plan; 4. Increases the density of the development so as to affect traffic, noise or other environmental impacts; or 5. Increases any local government expenditure necessary to implement or sustain the proposed use. D. If a revision to a vested plan is denied based on written finding of any of the items listed in Clause 20.19.4.C.1 through 5 above, the applicant has the following two options: