Franklin Zoning Ordinance

325 PROCEDURES Vesting 20 Chapter Franklin Zoning Ordinance Effective December 8, 2020 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 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