Franklin Zoning Ordinance

21 328 Chapter Maintenance Agreement PERFORMANCE AGREEMENTS Franklin Zoning Ordinance Effective December 30, 2019 is no longer in effect as described above.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. 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 themaintenance 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.