DATE: December 12, 2014
TO: Franklin Municipal Planning Commission
FROM: Catherine Powers, Director of Planning and Sustainability
Subject
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Vesting Rights
Consideration of Ordinance 2014-48, Amending the Zoning Ordinance to Add a New Section 1.7.4, to be Entitled "Amendment to Development Plans"; to Remove 2.4.2 (12), Entitled "Time Limit" and Replace with a New Section 2.4.2 (12), Entitled "Vesting Rights for Development Plans, Preliminary Subdivision Plats, Site Plans, Final Subdivision Plats, Infrastructure Construction Plan, and other Land Use Approvals After January 1, 2015"; to Remove 2.4.3 (7), Entitled "Time Limit" and Replace with Reference to 2.4.2 (12); and to Add Definitions to Section 8.3, Entitled "Definitions and Use Classifications Related to the Language Contained in the State of Tennessee Property Vesting Rights Acts of 2014."
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Purpose
The purpose of this memo is to provide information to the Franklin Municipal Planning Commission (FMPC) concerning an amendment to the Zoning Ordinance to comply with the Tennessee Vesting Rights Act of 2014.
Background/Staff Comments
The Tennessee Vesting Rights Act of 2014 is State legislation requiring that approvals of Development Plans, Site Plans, Preliminary Plats, Final Plats and other Land Development approvals be vested for a specific time limit not to exceed fifteen (15) years. Generally, the Development Plan is vested for three (3) years and if a Site Plan is submitted and certain activities take place, there is an extension of two (2) years for a total of five years. Once construction commences, the Vesting is extended to ten years, from the date of the Development Plan approval. In a multi-phased project, the Vesting period is separate for each phase, not to exceed fifteen years.
The project is vested to the Zoning Ordinance and Development Standards in place at the time of Development Plan approval.
The City of Franklin allows the Development Plan to b...
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