Franklin Zoning Ordinance

335 PERFORMANCE AGREEMENTS Failure to Complete Improvements 21 Chapter Franklin Zoning Ordinance Effective December 8, 2020 21.6.3 Procedures A. Upon the request of the applicant, or automatically after a period of one year fromthe releaseof performance,whichever is greater, the Department of Planning and Sustainability shall consider the release of the maintenance agreement. B. The Department of Planning and Sustainability, upon the recommendation of the appropriate City department, may release or extend a maintenance agreement. C. Extensions of maintenance agreements shall be as determined by the appropriate City departments, but shall be for no less than six months or greater than one year. D. Prior to taking action on a request to release amaintenance agreement, the Department of Planning and Sustainability shall provide public notification of the decision on the City’s website at least seven days prior to taking action on the request. 21.7 Failure to Complete Improvements Where a performance agreement and/or maintenance agreement have been entered into and required improvements have not been installed and/or maintained within the terms of the agreement and the timeframe pursuant to Section 21.3, Performance Agreement Period, then: A. The Department of Planning and Sustainability may recommend to the FMPC of the need to call the agreement and surety. B. Following a recommendation, the FMPC may declare the agreement to be in default and authorize the calling of the agreement and surety and the completion of the improvements under the supervision of City departments.