20 356 Chapter Vesting PROCEDURES Franklin Zoning Ordinance Effective January 13, 2026 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 the submittal is determined to substantially comply, 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 the submittal is determined to substantially comply 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 the submittal is determined to substantially comply 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 original vesting period. 20.19.4 Revision of Vested Plans and Retention of Vested Rights A. Recommendations and final action on a revision to a vested plan shall be based on consideration of the following criteria: 1. Whether the proposed revision is consistent with all standards of the Ordinance and other applicable development standards in effect when the original submittal is determined to substantially comply; and 2. Whether the proposed development meets all the requirements or conditions of any other applicable development approvals, such as a development plan or associated modification of standards.
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