Franklin Zoning Ordinance

327 PERFORMANCE AGREEMENTS Procedure for Reduction or Release of Improvements 21 Chapter Franklin Zoning Ordinance Effective December 30, 2019 to approve or disapprove the request, or forward the request to the FMPC for review with a recommendation; and 3. Provide public notification of the decision on the City website at least seven days prior to taking action on the request. B. If the request is after seven years from the date of receipt of a fully executed performance agreement, the FMPC shall be the review body. C. When the FMPC or the Department of Planning and Sustainability reviews the request for a release, reduction, or extension of the performance agreement, the applicable review body shall decide to: 1. Release the performance agreement and establish a maintenance agreement; 2. Reduce the performance agreement and extend the improvements for a minimumof six months and amaximum 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 minimumof six months and amaximum 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 th e 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