2022 Franklin Zoning Ordinance

333 PERFORMANCE AGREEMENTS Procedure for Reduction or Release of Improvements 21 Chapter Franklin Zoning Ordinance Effective January 1, 2022 in conjunction with maintenance release inspection. The professional preparing the inspection reports, including but not limited to, video recordings and segment sheets, shall be certified by the NASSCO PACP®. Each segment shall be inspected for verification of proper installation, ovality, lack of deficiencies and absence of foreign materials, such as gravel, construction debris, etc. All deficiencies shall be subject to repair, and if warranted, additional testing and/or video recording may be required. Illegible information contained in the submittal shall be subject to additional video inspection requirements, based on PACP® guidelines. 21.5.2 Staff Review A. Following a complete submittal, the Department of Planning and Sustainability shall request the appropriate City departments to inspect the public improvements, private improvements, landscape improvements, and off-site improvements (as applicable) to determine compliance with approved plans. Inspections shall be performed at no cost to the applicant. Inspection periods shall be posted on the City website. B. Each appropriate City department shall submit a statement to the Department of Planning and Sustainability indicating whether the required improvements have been inspected and satisfactorily completed in accordance with approved plans. 21.5.3 Final Action A. If the applicant’s request is within eight years from the date of receipt of a fully executed performance agreement, the Department of Planning and Sustainability shall be the administrative review body and: 1. Review the request based on the recommendation from the inspecting department; 2. Make a decisionwithin 60 days whether 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 eight 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 sixmonths 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 sixmonths 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

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