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HomeMy Public PortalAbout1955_07_11 • - 203 For the property on which the Fire House • Station of the Leesburg Volunteer Fire Department is now situated, and des- cribed in Paragraph (2), hereinabove .10,000..00 For both the properties described in Paragraph (1) and (2) above 40,000.00 (8) That immediately after the opening of said bids on July 11, 1955, as hereinabove provided for, objections, if- any, to said sale will be heard. -(9) That the Auditor-Treasurer of the Town of Leesburg, in -Virginia, is hereby authorized, instructed, directed and request- ed to publish this. Ordinance providing for the notice of sale of said property., for .two (2) consecutive weeks, commencing June 30, 1955, in the BLUE RIDGE HERALD, Purcellville, Virginia, and THE LOUDOUN TIMES MIRROR, Leesburg, Virginia, newspapers published • and having general circulation in Leesburg and in Loudoun ,County, . Virginia. - /S/. Horace M. Hallett Recorder I, HORACE M. HALLETT, Recorder- of the Town of Leesburg, Lees- burg, Virginia, do hereby certify that the foregoing is an exact copy of an Ordinance passed by the Town CoUncil of the Town of . Leesburg, in Virginia, at its meeting held in Council Chambers on the 27th day of June, 1955. /s/ Horace M. Hallett • Recorder . -( (SEAL) ) Mr. Vesey, the Towns Attorney, informed the Council` that Mr. Stilson H. Hall had requested that the Town of Leesburg turn back to Mr. Arthur Godfrey the property known as the, "Air Port Proper- ty". Council tabled this matter until a later date. Mayor Lowenbach informed the Council that there would be a - Special Meeting. of Council, Tuesday, July 5th, at 7:45 P. M. There bang no further business , upon motion dully made, second- ed nand carried, Council adjourned. Qe fMayor A-4"a if Recorderf r • REGULAR MEETING, JULY 11, 1955. At a r• egular meeting of the Mayor and- Council of the Town of Leesburg,. in Virginia, held- in the CoUncil Chamber, Monday, July 11th, at 7 :30 -c:0-clock P.- M. , there were present Maurice R. Lowen- bach, Jr.-, Mayor,- Horace M. Hallett, Recorder, George J. Durfey, ' _ Reginald K. Gheen-, -Howard--B. Gill, Emmerson H. James , Frank Raflo, and Morton Riddle,- III,--Councilmen. - Mauric• e Lowenbach .submitted -his resignation as Mayor of the Town of Leesburg-giving his -reason--that--since he had moved his residenca outside-of -the- corporate limits , he felt that he was not eligible to hold this position--any -longer. . And up• on motion-of Frank -Raflo;--seconded by Morton Riddle, III, and unanimously -carried, the following resolution was adopted: BE IT. RESOLVED; -by the Council of -the Town of- Leesburg, in Virginiar that--the -Council does hereby -accept -the resignation of Mayor Lowenbach--with deep regrets. - The Town' s attorney advised Council that in view of the fact 204 ' the Mayor had resigned, it was the duty of the Recorder to fill this position until such time as the Council had elected a Mayor to com- plete the unexpired term of Mayor Lowenbach, and upon motion of Reg- - inald K.. Gheen, seconded by Emmerson H. James, and carried by a vote of five to nothing, Gill, James , Durfey, Gheen and Riddle for, Raflo not voting, the following resolution was adopted : BE IT RESOLVED by the Council of the Town of Leesburg, in Vir- ginia, that Frank Raflo, be, and he is hereby elected to serve as Recorder -Pro-tem. The Recorder Pro-tem read the minutes of the meeting of June 13, 1955, the minutes of the Special meeting of June 20, 1955, and the minutes of the Special meeting of June 27, 1955, and upon mot- ion of Morton Riddle, III, seconded by Howard B. Gill, and unani- mously carried, the minutes were approved as read. The Auditor-Treasurer read his monthly report for the month of June, 1955, his quarterly report for the quarter ending June 30, 1955, and his annual report for the fiscal year ending June 30, 1955, and upon motion of Reginald B. Gheen, seconded by Morton Riddle, III, and unanimously carried, the following resolution was adopted : WHEREAS, the Auditor-Treasurer has this day presented to the Council of the Town of Leesburg, in Virginia, a quarterly report of all receipts , and an analysis of all disbursements for the months of April, May and June, 1955. NOW, THEREFORE, BE IT RESOLVED, .by the Council of the Town of Leesburg, in Virginia, that the said quarterly report of the Auditor-Treasurer, be, and it is hereby approved and accepted by the said Council. BE IT FURTHER RESOLVED, by the Council of the Town of Lees- burg, in Virginia, that the Auditor-Treasurer, be, and he is here- by authorized and instructed to have a copy of the said quarterly report published once in a newspaper published in the said Town, -and also, post a copy of said report in front of the Court House in the said Tawn. The Auditor-Treasurer presented his current bills and upon motion of. George J. Durfey, seconded by. Reginald B. Gheen, and unan- imously carried, the following resolution was adopted : BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the Auditor-Treasurer, be, and he is hereby author- ' ized and directed to pay the following bills : ' .-'Virginia Electric &_ Power Co. : Street Lighting 0178.00 White Way Lighting 18.80 Power (Pump House ) 42.25 Power (New Well) 25.20 Disposal Plant - - .10 Sireen, Mayor' s Office, Fire House 1.80 C & P Telephone Co. of Virginia 3.05 Frances M. Carnes 3.00 Loudoun .Times-Mirror (Printing) 20.60 Loudoun Times-Mirror (Advertising) - 41.60 . The. Blue Ridge Herald (Advertising) 28.60 . Mitchell' s . - 3.75 L. S. Hutchison Esso Stations - 8.18 Leesburg Service Station 4.80 Bishop''s Service Station 76.94 T. J. Hatcher 70.30 Mrs. Elinor Cunningham 7.50 Cuthbert P. Conrad 7.50 E. S. Dailey 7.50 Helen B. Roderick 7.50 . Joseph Zimmerman 7.50 William J. Harper 28.49 Millard C. Myers 9.25 C. R. Ahalt 7.92 Diamond Alkali Company . 16.50 205- Sydnor Pump and Well Company, Inc. $149.10 J. T. Hirst & Company, Inc. 4.07 Pifer Stationery & Office Supply . 2.70 Raymond, R. Roderick 101.22 Howard W. Vesey 684.70 Wilbur C. Hall 387.25 • Post Office, Leesburg, Va. (3000 Stamped, printed envelopes ) 87.02 Moore, Clemens & Co. 68.00 Total • The Acting Mayor informed Council that there had been action taken by the Council requesting the Board of Zoning Appeals to con- sider the rezoning of a tract of land on South King Street known as the Caviness property, and he also, read a letter from the said Board of Zoning Appeals in which they stated that on June 28, 1955, in a duly qualified meeting, a quorum being present, they-unanimously recommended the rezoning of the said tract of land from 'Residential No. 1" to "Business" . The Acting Mayor asked if there was anyone _ present who wished to speak in favor of the rezoining of the tract of land, either for it, or against it, and at 8 :00 o' clock P. M. , this appeal was again made to all citizens present. Mr. E. n. White, representing the purchasers of the said property presented to Council a proposed plan for the development of this area. Mr. White stated that should this building project be accepted and approved in this area, that the developers would be in favor of annexation of the said area. Mr. Wilbur C. Hall, representing the sellers of the said property requested Council, that since there was no objection to it, that they accept the recommondation of the Board of Zoning Appeals , and upon motion of Emmerson H. James , seconded by Reginald K. Gheen, and carried by a vote of five to nothing, Jamesi Gheen, Gill, Durfey and Raflo for, Riddle not voting, the following resolution was adopted : BE IT RESOLVED, by the •Council of the Town of Leesburg, in Virginia, that the Town Zoning Ordinance be, and it herebyis a- mended and changed to include "Business District" and remove from "Residential District I, " the following described tract of land: The tract of land situate, lying and being on the East .• side of South King Street in the Town of Leesburg, Loudoun County, Virginia, commencing- at the South property line of the John E. Caviness property, and running in a Southerly direction with said Street to the boundary line of the • • Corporation of Leesburg, and thence with the said boundary line and through the L. G. Caviness farm to Corporation Monument #1 ; thence in a Northerly direction to a point in the line of Monroe Manor Subdivision; thence in a West- erly direction to the Northeast corner of the John E. Caviness property ; thence in a Southerly direction to the Southeast corner of the John E. Caviness property; thence ' in a Westerly direction -to the point of beginning, contain- ing approximately 2* acres of land, and being all that portion of the L. G. Caviness farm located within the Cor- _ porate Limits of the Town of Leesburg. It being understood that the 'approval of this change in zon- ing does not commit the Town of "Leesburg, in Virginia, in any way to provide improvements on the said tract, including, but not li- mited, to streets, water and sewerage. Mr. Roland Flint, President• of the Leesburg Chamber of Commerce, appeared before Council and submitted a report of the Traffic and Parking Committee of the Chamber of Commerce, and a copy of the said report is on file in the Town Office. Namely, the report urged the • - Council to go ahead with the sale of the Town Hall, and to convert the money from the sale into additional parking through the' purchase of the Grimes property. -The report also urged that the present eighty-two space municipal parking lot be metered for all day park- ing. 206 • Q A letter from Robert .J. McLanahan was read also urging the sale of the .Town--Hall property-and .the purchase of the Grimes pro- perty for an additional municipal parking lot. The Town Attorney explained to- the-Council that the bid of Mr. Carleton Penn, 11, - 0f-035,000.00- was actually more_than 90% of the appraised value for the said .Town Hall property. The Auditor-Treasurer was asked if .any additional bids had been received in compliance with the public notice, and was in- formed there were none_other. than that of Mr. Carleton. ?enn, II, and upon motion of Frank Raflo, seconded by Morton Riddle, III, and unanimously carried, the following resolution was adopted. • BE IT RESOLVED, by the the Council of the Town of Leesburg, in Virginia, that the Council, does , and it hereby accepts the offer of $35,000.00 from Mr. Carleton Penn, IZe, for the purchase of the Town Hall property, and be it further resolved that the Town' s Attorney, be; and he is hereby authorized and requested to draw up the necessary agreement for the said sale and present .it to Council at its next regular meeting for approval. Mr. B. •Powell Harrison, Chairman of the Planning Commission, appeared before the Council and presented the proposed subdivision control ordinance. He explained the great effort and work on the part of the Planning Commission involved in bringing this control: ordinance into being, and on motion of Frank Raflo, seconded by Reginald K. Gheen, and unanimously carried, the following ordinance was adopted. ottuekk SUBDIVISION ORDINANCE An Ordinance establishing regulations governing subdivisions within the Corporate limits of the Town of Leesburg, in Virginia, and beyond, within a distance of two (2) miles from the Corporate limits of the Town of Leesburg, in Virginia, as provided for in Section 15-786 of the Code of Virginia, 1950, as amended, and pro- viding, among other things , for the size, scale and other details of the plat to be recorded for the harmonious and economic devel- opment of the Town of Leesburg, in Virginia, and its environs , for the co-ordination of streets within all subdivisions subject to this Ordinance, and with other existing or planned streets within the region in question, for widths , grades and drainage of streets, for adequate open spaces , for traffic, 'recreation, light and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity, and for the other purposes as hereinafter set forth; BE IT ORDAINED, by the Council of the Town of Leesburg, in Virginia, as follows : (I) That the within proposed Ordinance shall be published once a week .for two (2) successive weeks in THE BLUE RIDGE HERALD, a newspaper published in Purcellville, Loudoun County, Virginia, and having general circulation in the Town of Leesburg, and in Loudoun County, Virginia. (2) That such publication shall be in the form of the pro- posed subdivision ordinance, and, (3) That the publication of said notice of intention to adopt the proposed ordinance shall specify that a hearing shall be held in the Council Chambers 'of the Town Council *of the Town of Leesburg, in Virginia, at the corner of King and Loudoun Streets of said Town on August 8, 1955, at 7 :30 o' clock P. M. (EST), and, (4) That the publication of said proposed subdivision ordi- nance shall commence not later than the issue of THE BLUE RIDGE HER ALD of July 14,1955, and that at said hearing on August 8, 1955, an opportunity will be afforded to any person affected, who may appear - and present their views. (5) The Recorder of the Town of Leesburg, in Virginia, 'shall forthwith notify in writing the Clerk of the Board of Supervisors, 207- Loudoun County, Virginia, of the proposal of the Town of Leesburg, in Virginia, to adopt the within ordinance, by delivering a cer- tified copy of this ordinance to the said Clerk of the Board of Supervisors , and the Auditor-Treasurer in said writing shall re- quest the Board of Supervisors of Loudoun County, Virginia, to refuse and to approve or disapprove the same, all as provided by Section 15-786 of the Code of Virginia, 1950, as amended. (6 ) That the provisions of the within ordinance are hereby established on an interim -basis and shall be in full force and effect on and after July 11, 1955, and shall continue in effect until September 1, 1955, -unless disapproved by the Board of Supervisors of Loudoun County, Virginia, as provided for in Sec- tion 15-786 of the Code of Virginia, 1950, as amended, or amended by 'the Council of the Town of Leesburg, in Virginia, following the public hearing, after final publication as hereinabove provided for, and prior to final adoption. (7) That the provisions contained in any subdivision ordi- nance heretofore adopted by the Council of the Town of Leesburg, in Virginia, are hereby repealed from and after July 11, 1955. (8 ) That the repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the said July 11, 1955, nor shall it affect any prosecution, suit or preceeding pending, . or any judgment rendered' on or "prior to -the said July 11, 1955. (9 ) The Auditor-Treasurer of the Town of Leesburg, in Vir- ginia, is hereby requested, authorized and directed to file a copy of- this ordinance, including the within subdivision control ordinance, with the Clerk of the Circuit Court of Loudoun County, Virginia, • forthwith. • PROPOSED SUBDIVISIONREGULATIONS For Town of Leesburg, Virginia • Third Draft, Corrected (Corrections Inserted) • • Julian Tarrant, Consulting City Planner May 25, 1955 ' Section ' I Subdivison Control A. Subdivider shall prepare and record plat. B. Approval of plat required. Section II Plats A. . Preliminary Plat. B. Final Plat. • Section III Design Standards and Requirements. A. Streets and Alleys. B. Blocks and Lots. • Section IV Physical Improvements A. Improvements• Required. B. Plans and Approvals. " Section V Definitions 4 208 Section VI: Enforcement Section VII Service Fees Section'VIII Validity SECTIONI SUB D I V I S I. 0 N CONTROL ' A.- Subdivider shall prepare and record plat. From and after the effective date of this Ordinance, any owner or proprietor bf any tract of land in the incorporated area of the Town of Leesburg, in Virginia, or within two miles thereof, who subdivides the same as herein provided, shall cause a plat of such subdivision to be made in accordance with the regulations set forth in this Ordinance and - in the Virginia Land Subdivision Act, and a copy of said plat to be recorded in the office of the Clerk of the Circuit Court 'of Loudoun County, Virginia. B. Approval of Plat reauired. No such subdivision plat shall be recorded unless and until it shall have been submitted to and ap- proved by the Leesburg Town Planning Commission. C.: Transfers, Sales and Building Permits. No property in a sub- division created after the effective date of this Ordinance shall be transferred, or offered for sale, nor shall a building permit be issued fora structure thereon, until a Final Plat of such subdivi- sion shall have been recorded in accordance with this Ordinance. SECTIONII• PLATS • A. Preliminary Plat. Four black-line or blue-line copies of a Preliminary Plat shall first be submitted- for approval, at least two weeks prior to a regularly scheduled meeting of the Commission at which action thereon is desired. Such 'Preliminary Plat shall adhere to the following requirements. 1. It shall be drawn to a scale not smaller than 1 inch to 200 feet, and may be in pencil, on one or more sheets. 2. It shall contain the following information: (a) Name of the subdivision, its location, owner, subdivider, planner, and sources of data used. Sub- division names shall not duplicate nor too closely approximate those of existing subdivision in or near Leesburg. (b) Scale,' north point, key location map,, date, and number of sheets. (c) Names of adjoining land owners, subdivisions , streets , roads , munibipalities , or other pertinent references. (d) Boundary lines of the proposed subdivision (shown by heavy -line) , and the acreage therein; all existing property lines within the tract with the names of such owners. (e) All existing or platted streets , roads , other pub- lic spaces and easements, with their names and widths ; utilities , water courses , buildings , wooded areas, and any other significant features. (f) Topographic contours on at least 5-foot intervals, based on sea-level datum. • • 209- (g) Locations, dimensions , and names of all proposed streets, roads, alleys , easements , or other public ways or areas, with preliminary grades and profiles if required by the Commission because of topography. (h) Locations and assumed or approximate dimensions of pro- • posed lots , building sites , building lines , and easements, with tentative lot and block numbers. Proposed uses of lots shall be indicated, if other than residential, and proposed deed restrictions shall be outlined. (i) Locations 'and general descriptions of proposed utilities , including drainage facilities. Within 30 days after the receipt thereof, the Commission shall approve the Preliminary Plat if it finds it to conform to the re- quirements of this Ordinance ; otherwise it shall disapprove same, stating its reasons for disapproval. If only minor changes are required, a conditional approval may be granted, or an extended time may be given the subdividerfor submission of revised plans. Approval of a Preliminary Plat shall be valid for not more than one year, unless extended by the Commission for an additional year or less , upon application therefor. Before approving a Preliminary Plat, the Commission shall con- sult with the Department of Highways Engineer for Loudoun County and the County Health Officer. (It is suggested that before preparing a Preliminary Plat, each subdivider should first consult with the Town Planning Com- mission, or its designated representative, for preliminary infor- mation, advice, and suggestions. A rough- Sketch of his property, showing existing features and his ideas of development, will be ' helpful. He should also consult the County Health Officer regard- -II soil conditions and minimum permissible lot sizes , if sanitary sewers are not to be provided. ) No property shall be transferred, or offered for sale, nor shall a building permit be issued, on the basis of a Preliminary Plat. B. Final Plat. Following approval of the Preliminary Plat, the subdivider may proceed with the installation of improvements . and with preparation of the Final Plat. This Plat shall be pre- _ pared by a surveyor or civil engineer, as required in Section 15- 790 of the Land Subdivision Act. It shall be substantially in accordance' with the Preliminary Plat together with any changes or additions required by the Commission as a condition for its approval. A Final Plat may include all or any part of the area covered by the Preliminary Plat. It shall conform to the following requirements : 1. It shall be legibly and accurately drawn, to a scale of 1 inch to 100 feet', in India ink, on tracing cloth or paper, on sheets 16" X 24" in size. 2. It shall show the following title information: Subdivision name and location, names and addresses of owners and engineers, source of title, scale, date', true north point, and a key location map'. 3. It. shall show the following graphic information: (a) Boundaries of the subdivision with accurate dimen- sions and bearings, and the acreage included; also the boundaries and acreage of any separately-owned parcels comprising the land being subdivided. Boundary surveys shall close with arierror of not more than 1 in 10,000. • (b) True bearings and distances to the nearest recorded property corner's or other monuments. 210 • (c ) Names of adjoining property owners. • (d) Exact location, name and width of each street, alley, easement, or other public or private way, within or adjoining the plat, both existing and proposed, with the lengths and bearings of all tangents , lengths of acres , radii, internal angles , points of curvature, and any other necessary engineer- ing data. " (e ) Accurate location of each lot line within the plat, show- ing dimensions and bearings. (f) Building lines shown to scale, with their dimensions. (g) All block and lot numbers, and the area of each lot. (h) Accurate locations and discriptions of all monuments. (i) Indentification of any areas to be dedicated to or reserved far public use, pr for the common use of-property owners in the subdivision. ( j ) Purposes for. which lots are to be used if other than residential. (k) Accurate location of Town Corporate line, if within or closely related to the subdivision. 4. It shall include space for the following signatures and dates : (a) Declaration by the land owner, including dedication of land for public use,- with signatures notarized. (b) Certificate by the surveyor or civil engineer: (c ) Approval by the County Health Officer. (d) Approval by the Town Planning Commission, or appropriate agent of other jurisdiction where applicable. • 5. It shall contain or refer to an accompanying brief summary of the protective covenants. It shall contain in all cases the following covenant : (a) That not more than one principal building shall be per- mitted on any residential lot shown on the plat, and no such lot shall be resubdivided so as to produce a building site of less area or width than the minimum required herein, or other- wise specified by the County Health Officer. 6. It shall conform in all other respects to the requirements of the Virginia Land Subdivision Act. The original drawing and One blue-line or black-line print of the Final Plat shall be submitted to_ the Secretary of the Plan- ning Commission for checking of adequacy, and by him to the Planning Commission for final approval. Such approval shall be granted with- in 30 days, if the plat is found to conform to all the requirements herein, and all other requirements of law have been satisfied; and such approval shall be certified on the original drawing by the Chairman of the Commission or his deputy. The original draw- _ ing shall then be returned to the subdivider. Within 6 months thereafter, the subdivider must file for record in the office of the Clerk of the Circuit Court one durable black-line or blue- pring on cloth of the approved final plat, or otherwise said plat and its approval 'shall become vpid. At the same time , a similar ' print shall be furnished to them ' itor-Treasurer, and also to the Zoning Administrator of Loudoun County if the plat is located in any respect outside the Town Limits. 211 SECT I O N III DE ,S IGN STANDARDS AND REQU IREMENTS • In laying out subdivisions , the following design standards and requirements shall be observed, except that variations therefrom may be allowed by the Planning Commission., upon a majority vote of its members, where it deems them to be necessary or desirable because of peculiar conditions , provided such variations are in keeping with good subdivision practice and are not in conflict with the public interest. II A. Streets and Alleys 1. Streets shall conform to any official master plan of the ,Town or Adjoining County. .2. Streets shall connect with existing streets and shall provide access to possible adjoining subdivisions where needed. 3. Streets shall intersect as .nearly as possible at right angles , and jogs or offsets shall be avoided. 4. So far as possible, streets shall conform to natural contours and shall provide for good drainage. Grades shall not be less than one-half of one per cent, nor of more than 5 per cent unless approved by the Commission. • 5. Streets shall have at least the following minimum widths of right-of-way : (a) Local residential streets, 50 feet. (See definit- ion). (b) Other residential streets , all business streets, highways , etc. , 60 feet or more, according to potential traffic requirements , or as may be designated on any official master plan for the area concerned, or on any officially adopted highway widening plan. When a subdivision abuts on one side of a street or road which has been included in the State System of Highways , the subdivider shall not be required to dedicate more than one- half of the required rifht-of-way, and he shall not be res- ponsible for grading or surfacing said shall_ existinstreet. . 6. Dead-end streets over 600 feet long shall be avoided. All dead-end streets shall be provided with a turn-around at the end, having a radius at the property line of at least 40 feet. 7. Street names shall not duplicate nor be similar to the name of existing streets_ in-or near Leesburg, unless they are extensions thereof. All street names shall be subject to Planning Commission Approval. 8. Alleys should not be .provided in residential areas , but may-be-required in business areas. -Where provided, they shall be at least 20 feet wide. In the absence of alleys, utility easements shall be provided along rear or .side lot lines wherever and in such width as may be required, and utility poles and wires shall be located therein. B. Blocks and Lots 1. Residential blocks shall .not exceed 1200 feet in length. 2. Residential lots shall have at least the following minimum sizes, depending on whether or not they are or will .be served by municipal or other approved community water and sewer faci- lities : 212 With Water With Sewer . Lot Area Lot Width a. . yes yes 8,000 soy. ft. 60 ft. b. yes no 12,000* ' " 80 " c. no yea - 12,000 " " 80 " d. no no . 20,000* " " 100 " * Lots not served by sewers may be required to have larger than -minimum areas , if the need therefore is determined through soil percolation or other tests by the County Health Officer. • Corner lots shall have extra widths. to allow for extra side yeards on the street sides. • Lot widths shall be measured at the building line. 3. Lot lines should be perpendicular to the street lines. Double- frontage lots shall be avoided, except that lots may rear upon a main highway provided a separating buffer strip of land is provided, without the right of ac- cess across such strip. Lot depths normally shall not ex cepa 2Q times the width. Every lot shall front on an approved street. 4. Building -lines shall be established along all streets and shall be shown on the plat. For-residential lots, such lines shall be -not less than 35 feet back from the front property . line, or 25 feet from the side street line of a corner lot. For commercial or other non-residential lots , such lines shall be as determined in each case by the Planning Commission. In no case shall building lines be established less than re- quired by the Zoning Ordinance. • 5. Where a subdivision is traversed by a stream or other nat- • ural drainage way, the Planning Commission may require the subdivider to dedicate a suitable -right-of-way or easement for storm water drainage, or to construct adequate storm water drains. SECTION• IV PHYSICAL IMPROVEMENTS -A. Improvements Required. Before proceeding to prepare and sub- . mit his final plat for approval, the subdivider shall either : . 'a. Install all improvements required under these regulations, or- b. Furnish the Planning Commission a surety performance bond of a surety company, or a certified check payable to the Town Treasurer, guaranteeing the satisfactory and acceptable in- stallation of such improvements within a specified time. Such improvements shall include the following : 1. Monuments at all corners , angles and points of ourvature in the subdivision boundaries and in the right-of-way lines of all streets and other public spaces within the subdivis- ion. Such monuments shall be of 4" X 4" concrete stone or of iron pipe not less than 1" in diameter and 2 feet in length, set in concrete with the top not less than 1 inch nor more than 4 inches above finished grade. 2. Street improvements on any street not already in the State System of Highways , sufficient to qualify such street for acceptance into the State System. (See specifications. ) 3. Sidewalks on both side of each street, whether in the State 231 :1 ' • system or not, composed of concrete not less than 3 feet wide .and installed according to town specifications. 4. Drains , culverts, ditches , catch basins, or any other facilities for the proper drainage and disposal of surface waters from or across all streets and adjoining properties, as approved by the Resident Engineer, Department of Highways. 5. Street signs, of an approved design, at all street inter- sections. • 6. Water supply and distribution facilities, including fire hydrants, as approved by the Planning Commission and in accor- - dance with Town specifications , wherever required by the lot sizes or character of development. • 7. Sewers and sewage disposal facilities as approved by the Planning Commission and in accordance with Town specifications, where required by the lot sizes, character of development, or the County Health Officer. B. Plans and Approvals. Plans and specifications for all im- provements shall be submitted to the Planning Commission for approval by the Town Engineers , prior to construction. All work shall be subject to inspection and approval by the Town Engineers prior to final acceptance by the Town and release of any performance bond or check. In the absence of a per- formance bond or check, no Final Plat of a subdivision shall „be approved or recorded until the required improvements have been .properly installed and accepted. SECTIONV • - DEFINITIONS For the purpose of this .Ordinance, certain words and phrases are herewith defined as follows : 1. Subdivide : To divide the whole of any tract, parcel or lot of lancj(into two or more parts or lots , at one time or over an extended period of time, for the purpose of renting, developing, or transfering the ownership of any of said lots, whether immediate or future, except, however, any such division into lots or parcels of ten acres or more each, or the partition of any tract of land ordered by a court of .competent jurisdiction. 2. Subdivision: Land subdivided as defined herein and/or the process of subdividing ore re-subdividing. 3. Street : A public way for the passage of vehicles and pedestrians, and giving primary access .to abutting property. The term street shall include road, lane, drive, trail, court, place, terrace, avenue, highway, boulevard, or any other tho- roughfare for a similar purpose. • 4. Street, local : A. street giving access primarily to abutt- ing property, rather than to other streets or through traffic. 5. Alley : A narrow public way giving only secondary access to abutting property. • 6. Easement : A grant by a property owner of the use of land for a specific purpose or purposes , and running with the land. SECTION VI ENFORCEMENT It shall be the duty of the Town Auditor-Treasurer to enforce the provisions of this Ordinance. For this purpose he shall have authority, in the name of the Town of Leesburg, to invoke any legal measures as may be necessary to prevent, restrain, correct, or punish any violation hereof. 214 Any violation of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine of not more than $100.00, plus • $10.00 for every day after the first day that such violation shall continue after notification that is shall cease.SECTIONN VII S ERV I C E F E ES • The following service fees are hereby established and shall be collected by the Town Auditor-Treasurer, to compensate the town for the various .services rendered : • • A. For examining plats for conformity with applicable regu- lations, making investigations, consultations, studies , and other work incidental to the approval of plats, the follow- ing fees : 1. Upon submission of a Preliminary Plat, a fee of $1.00 per lot or 42.00 per acre, whichever is greater ; minimum fee, $20.00. 2. Upon submission of a Final Plat , a fee of 4.50 per . lot, or $1.00 per acre, whichever is greater; minimum fee, $10.00. - B. For engineering work required in connection with the pre- paration or approval of improvement plans and specifications, establishing gradelt Inspecting and accepting work, etc. , a fee equal to theAoia thereof incurred by the town. The cost of such engineering services shall be estimated in advance and a deposit shall be collected equal thereto. Upon com- pletion of the engineering work, the actual cost thereof shall be determined, - and if in excess. of the amount de- posited such excess shall be collected before the final plat shall be approved for recording. Any excessive deposit shall be refunded. SEC T I O N VIII VALIDITY . If any .section, sub-section, clause, sentence , or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. • Recorder • I, HORACE M. HALLETT, Recorder of the Town of Leesburg, . Leesburg, Virginia, •do 'certify that the foregoing is an exact. copy -of an Ordinance passed by the Town Council of the Town .of Leesburg, in Virginia, at its meeting held in Council Chambers on the 11th day of July, 1955. Recorder • Mr. Vesey informed the Council that he had received an offer from Mr. Kirpatrick for the purchase of the land and righty- . of-ways for the Town water tower and that the said' offer was in the form of $5,000.00 plus certain agreements. The Acting Mayor requested as many members of Council as possible meet with the Town' s Attorney and Mr. Kirpatrick on Tuesday, July 12th, at 5 :00 P. M. to see if a better price could • be arrived at and to report their findings to the Council at a later date. . On Motion of Reginald K. Gheen, seconded by Frank Raflo, and unanimously carried the following resolution was adopted. • 215 • BE IT RESOLVED, by the Council of the Town of Leesburg, in.Vir- ginia, that the notice of sale of the $160,000.00 general obligation water and sewer bonds of the Town of Leesburg be published in the BOND BUYER and THE BLUE RIDGE HERALD on August 9th, and that bids be opened, and the sale made at 11:00 A. M. (EST) on August 30th, pursuant to the Ordinances and Resolutions adopted by the Town Council on June 20th, the same being ratified and confirmed the same as if adopted at this time. Upon motion of Reginald K. Gheen, seconded by Morton Riddle, IIIII, and unanimously carried, the following resolution was adopted. BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that the State Auditing Department, be, and .they are here- by-requested to set up the necessary financial accounting .system for the disbursal of the bond issue funds , and that the Recorder, be, and he is hereby authorized and directed to submit .a copy of this resolution to the'Commonwealth of Virginia, the Auditing De- partment. Upon motion of George J. Durfey, seconded by Reginald K. Gheen, and unanimously carried, the following resolution was adopted. BE IT RESOLVED, by the Council of the Town of Leesburg, in Vir- ginia, tha the Auditor-Treasurer, be, and he is hereby authorized and directed_ to purchase a power take-off pulley for the bulldozer . to be used in connection with an auxilary pump for the Town water system providing it meets with the approval of the Town Engineer, Mr. -Warren C. Perron. Upon motion of Frank Raflo, seconded by Morton Riddle, III, and unanimously carried, the following resolution was adopted. • - WHEREAS, b. P. Conrad, Elinor Cunningham and E. S. Dailey, II Judges of the Town Election held .on June 14, 1955, have -certified that E. B. White received -289 votes for Mayor ; Horace M. Hallett received 329 votes for Recorder; George J. Durfey received 323 votes for Councilman; Reginald K. Gheen received 295 votes for Councilman; C. R. Lytle received 256 votes for Councilman; Howard B. Gill received 238 votes for Councilman; Thelma J. Smoot received 237 •votes for Councilman; -C. R. Hollandsworth received 232 votes for Councilan; Morton Riddle, III, received 215 votes for Council- man; Frank Raflo received 197 votes for Councilman and Nicholas Johnson received 142 votes for Councilman. - WHEREAS, it appears that from the report of the said Judges of Election that all candidates, except Morton Riddle, III, Frank Raflo and Nicholas Johnson were elected to the respective offices for which they were candidates : NOW, THEREFORE, BE IT RESOLVED, by the Council of the Town of •Leesburg, -in Virginia, that -the following persons be and they are hereby declared to have been duly elected for the term beginn- ing September 1, 1955, arid ending August 31, 1957; E. B: White, Mayor; Horace M. Hallett, Recorder; George J. .Durfey, Reginald K. Gheen; C. R. Lytle, Howard B. Gill, Thelma J. Smoot and C. R. Hollandsworth, Councilman: Upon motion of Morton Riddle, III, seconded by Howard B. Gill, II and unanimously carried, the following resolution was adopted : BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that George E. Ward, Auditor-Treasurer andRaymond L. Hough, Pumping Station Operator, be given two weeks vacation or pay at the regular rate in lieu thereof. • Upon motion of Reginald K. Gheen and seconded by Frank Raflo, and carried by a vote of five to nothing, Gheen, Raflo, Riddle, Durfey and Gill for, James not voting, the following resolution was adopted. BE IT RESOLVED, by the Council of the Town of Leesburg, in Virginia, that Emmerson H. James; be, and he is hereby duly elected R to serve as Mayor of the Council of the Town of Leesburg for the • 216 unexpired term of Maurice R. Lowenbach, Jr. Upon motion of Reginald K. Gheen, seconded by Frank Raflo, and unanimously carried, the Council adjourned at 10 :45 P. M. ' (For Specifications see page 216-A) .- iotAtece,'/Wc;447 Ac ing Mayor Recorder •Pro-tem • SPECIAL, JULY 25, 1955 - II; At a special meeting of the Mayor and Counceil of the Town Of Leesburg, in Virginia, held in the Council Chambers on Monday, July 25, 1955, at 2 :00 P. M. o' clock, there were present Emmer- son H. James, Mayor, Reginald K. Gheen, Howard B. Gill, George Jr. Durfey, and Frank Raflo, Councilmen. Due to the absence of the Recorder and upon motion duly made seconded and carried, Frank Raflo was elected to serve as - Recorder for the said meeting. • Mayor James read the following advertisement on notice to • - contractors : ADVERTISEMENT OR NOTICE TO CONTRACTORS • Sealed proposals will be received by the Town of Leesburg, Loudoun County, Virginia, in the Town Office .until 2 :00 P. M. , . E.S.T. , July 25, 1955, and there publicly opened and read immed • - iately •thereafter for the furnishing of all labor and material and -the construction of the following: A sanitary sewer with manholes and service connections con- sisting of approximately 1,300 L. Ft. of 8" main in Route No. 7 west of Parker Road and approximately 1,200 L. Ft. of 12" main in Parker Road south from Route No. 7. Plans and specifications are open to public .inspection at the Leesburg Town Office, the Builders Exchange of Richmond, and at the office of Perrow & Brockenbrough, Consulting Engineers, -1900 West Broad Street, Richmond, Virginia. Plans, specifications and other contract documents may be obtained from the Engineers upon deposit of 15.00 per set, all of which deposit will be refunded to unsuccessful actual bidders upon return .of such documents in good condition within ten days after receipt of bids. All bids must be accompanied by a certified check, or an accep- table bidders bond, in the amount of five percent of the .total bid, made payable to the Town Treasurer, Town .of Leesburg, Virginia. No bids .must be withdrawn for a period .of thirty days from date of bid opening. . The Owner reserves the right to reject all or any bids and to waive all informalities. . Bidders bidding in the amount of 420,000.00 or more shall indicate their Virginia Contractors Registration Number in space provided therefor in the Proposal Form. TOWN OF LEESBURG, VIRGINIA • By : Maurice R. Lowenbach, Jr. Mayor. Mayor James read the following bids : . Greene & Dyer Company $22,259.00 • J. S. McCanless 48,630.00. • Blackwell Engineering Company $18,893.75