HomeMy Public PortalAbout1981_01_14_O001 Amending the Subdivision and Land Development Regulations TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
PRESENTED January 14, 1981
ORDINANCE NO. 81-0-1 ADOPTED January 14, 1981:.
AN ORDINANCE: AMENDING CHAPTER 13 OF THE TOWN CODE.
WHEREAS, under Section 15.1-472 of the Code of Virginia, 1950 as amended,
this Council referred proposed amendments to the Subdivision and Land Development
Regulations by Resolution No. 80-92, and
WHEREAS, on September 18, 1980, the Commission held a public hearing re-
garding the proposed amendments; and
WHEREAS, the Leesburg Planning Commission on November 6, 1980, recommended
adoption of amendments to Sections 13-54, 13-56, 13-61, 13-64, 13-66, 13-68,
13-70, 13-71, 13-75, 13-80, 13-89, 13-93 and 13-97 of the Subdivision and Land
Development Regulations, and
WHEREAS, a public hearing was held by this Council as required by Sec. 15.1-
431 of the Code of Virginia on December 10, 1980, at which time interested persons
were invited to appear and present their views on the proposed amendments; and
WHEREAS, the Finance and Administration Committee on 3anuary 6, 1981 reported
the amendments, except amendments to Sections 13-64 and 13-89, for favorable
Council action;
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Sections 13-54, 13-56, 13-61, 13-66, 13-68, 13-70, 13-71, 13-75,
13-80, 13-93 and 13-97 of the Town Code are amended to read as follows:
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Sec, 13~54, Fees.
Fees and charges to be paid to the town for the review of plats and plans
for the inspection of facilities required to be installed by' this Article and
for variances ~hall be as follows:
(a) For preliminary plats and preliminary development plans, the fee shall
be ~0r00 $50.00 per acre, computed for each one-tenth (1/10) of an acre or
fraction thereof contained in the area to be subdivided or developed but not
less than ~Ov~ $50.00.
(b) For final plats and final development plans, the fee shall be 0.75 of
one percentum of the costs of all public improvements required to be installed
under the terms of con~racts and performance bonds executed and posted by the
subdivider or developer. Changes of les~ than ten percentum in the cost of
improvement after approval of original contracts shall be disregarded in the
calculation of fees.
(c) For inspections conducted as provided by Sections 13-77{b). and 13-89(b)
of this Article there shall be no fee.
(d) For reinspections of i~provements which upon original inspection
were ~our~d to be faulty or incomplete, the fee paid by the subdivider or
developer shall be a sum equal to two times the inspectors' regular compen-
sation for the time required for the reinspection, but not less than $5.00. ~
(e) For final inspections requested by subdividers and developers
for release of performance or maintenance bonds, there shall be no fee
unless the Director of Engineering finds that the improvements are not pre-
pared and ready for final inspection; in which case, the fee shall be a
sum equal to two times the regular compensation for the town employees'
time required for inspection above what would have been required had the
improvements been prepared and ready for final inspection but not less than
$25.00.
(f) For applications for variances filed under Sec. 13-9l, the fee
shall be $10.00.
Sec. 13-562 Filing of pr~liminpry subdivision pla.t..
Fol. lo~ing the pre-application conference, the applicant shall submit a
prelimina~ plat and application for approval of the proposed subdivision to
the Diractor of Engineering as set out below:
(a) Thr~:e copies of an application for preliminary plat approval in a
form approved by the Director of Engineering shall be submitted at least 21
days prior to the Co~mi~sicn meeting at which first consideration is desired.
(b) ~ne Fifteen copies each of the preliminary plat sh~ll be submitted
with the application.
(c) The applicant shall pay the fee required for filing preliminary
plat:~ when the application is submitted.
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Sec. 13-61. Required contents of subdivision plats.
(a) The preliminary plat shall provide all the facts necessary to show
conformance with this Article.
The Director of Engineering may authorize the ~iling of combined pre-.
liminary plans and preliminary plats if the plans for the proposed subdivision
can be clearly shown.
(b) Preliminary plat contents.
The preliminary plat shall be clearly and legibly drawn at a scale of
not less than 100 feet to the inch on numbered sheets 24 by 36 inches in size
and shall be clearly marked "preliminary plat" and shall include either on the
plat or accompanying documents the. following information within the proposed
subdivision, or development and for a disf.ance of 100 feet thereof:
(1) Proposed subdivision name.
(2) Location of existing property lines and easements.
(3) The names of all abutting subdivisions and the names of
owners of record of abutting property.
(4) Location, names and present width of existing and proposed
streets, highways, easements, alleys, parks and other public
open spaces within and immediately adjacent to subject sub-
division.
(5) Ali. parcels of land and easements proposed to be dedicated
for public use and the conditions of each dedication, includ-
ing temporary dedications for cul-de-sacs.
(6) Date, true north point, scale and a key map showing the
general location of the proposed subdivision in relation to
surrounding development.
(7) Deed description and map of survey of the boundary made and
certified by a state certified land surveyor..
(8) The zoning classification and proposed use for the area being
subdivided.
(9) The proposed lot and building lines with approximate dimemsions
and lot areas, and tentative lot numbers.
(10) Areas shown in the comprehensive plan as proposed sites for
schools, parks, bike paths, or other public uses, and flood
zones, which are located wholly or in part within the land pro-
posed to be subdivided.
(11) The names and addresses of the owner of record and the sub-
divider. "
(12) The name of the individual who prepared the plat.
(13) A blank space t~o by three inches in size on the first sheet
for use as a signature panel for approval.
(14) In all instances an outline of deed covenants proposed for
recordation.with the final plat.
(15) ;~ indication of sections within the proposed subdivision and
the order of development if the entire area within the pre-
liminary plat is not to be developed initially.
(16) If the proposed subdivision is outside the town, a statement by
the Virginia Department of Highways and Transportation Resident
Engineer that the s,.~bdivider has consulted with him as ~o the
preliminary plans and any special treatment which will be re-
quired for street cons~r~ction and drainage.
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(17) ~ topographic map~ indicating by whom and by what means it was
'~ade~ having, a countour interval of not greater than five feet
· related to United States Coast and Geodetic Survey seal level
datum and delineatin~ approximate 100 year flood zone limits for
the area within the proposed development and for a distance of
100 feet thereof.
(c) Final plat contents.
The final plat shall be drawn to'the scale of not less than 100 feet to
the inch on sheets ].8 by 24 inches in size and shall meet the following specifica-
tions or ha%e the following inclusions:
(1) The final plat original drawing shall be drawn with waterproof ink
on new linen tracing cloth, Mylar or similar durable material, with
the date, scale of the plat, the north point of the sheet, and the
number of the sheets clearly depicted on each map sheet. When
more than one sheet is involved, the relation of each sheet to the
remaining sheets shall be shown diagramatically. If plat is re-
duced for recording purposes, the type size after reduction shall
be no less than pica.
(2) Name of subdivision, town, county, state, owner and subdivider
and the names of any holders of easements or liens affecting the
property; north point; the scale and date of drawing; number of
sheets; and the name of the licensed professional surveyor or
engineer who prepared the plat.
(3) Location of proposed subdivision by an insert map at a scale of
not less than six inches equal one mile indicating thereon adjoining
roads and their names and numbers, town, subdivision and Dther
landmarks.
(4) Boundary survey, with an error or closure within the limit of one
in tan thousand, related to the true meridian. The survey may be
related to the U.S.C, and G.S. state grid north if the coordinates
of two adjacent corners of the subdivision are shown.
(5) Certificate signed, by a state certified land surveyor setting
forth the source of t~tle of the owner of the land subdivided and
the place of record of the last instrument in the chain of title.
(6) When the subdivision consists of land acquired from more than
one source of title, the outlines of the various tracts shall be
indicated by dash lines, and identifications of the respective
tracts shall be placed on the plat.
(7) The accurate location and dimensions by bearings and distances
with all curve data of all lot and street lines and center lines
of streets; boundaries, purposes, and widths of all easements,
boundaries of parks, school sites or other public areas; ghe
number and area of all lots; all existing an~ platted streets,
their names, numbers and widths.
(8) All dimensions sho%~ ~n feet and decimals of a foot to the' closest
'one-hundreth of a foot; all bearings in degrees, minutes and the
nearest ten seconds.
(9) The data for all curves along street frontage shall be shown in
detail at the curve or at a curve data table showing the following:
Delta, radius, arc, gangent, chord and chord bearing.
(10) All survey monuments and benchmarks, together with their descrip-
tion.
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(11)
~e accurate outline, dimensions and purposes of all
which is offered for dedication or is to be reserved for acquisition
for public use, or is to be ~reserved by deed covenant for the common
use of the property owners in the subdivision.
(12) Accurate location of To~ Corporate Line, if within the subdivision
or within 100 feet thereof and accurate locations of all existing
and recorded streets intersecting the boundaries of the tract shall~
be shown. ·
(13~ Total area within the final plat shall be indicated to the nearest
one-thousandth (1/lO00th) of an acre.
(14) Ail covenants and restrictions whic~ will run with the land by re-
citation or reference.
(15) 'Adjoining recorded subdivision plats and adjoining unplatted land
with owner's name.
(16) Street names which shall not duplicate existing or p~atted street
names unless the new street is a continuation of existing or
platted street.
(17) Signature panel in a form approved by the Director of Engineer-
ing to show ali .required approvals.
A statement in the covenants as follows: "Easements shall be kept
free of obstructions such as structures, trees, shrubbery and
fences. Removal of obstructions in easements by the town or a
~tility company does no~ make the town or utility company responsible
for restoring the obstruction to its original for~ or for damages."
(19) Temporary cul-de-sacs where needed. When one or more temporary
turn-arounds are shown, the following shall be included on the plat:
The area on this plat designated as a temporary turn-around will be
constructed and used as other streets in the subdivision until
(street name) is/are extended to (street nmme) at which time the
land in the temporary turn-around area will b~ abandoned for street
purposes and will revert to adjoining lot owners in accordance with
specific pzovisions in their respective deeds.
(20) The certificate of the Zoning Administrator that the proposed lots
comply with the zoning regulatfons.
(d) Every final plat, or the deed of dedication to which such plat is
attached, shall contain in addition to the engineer's or surveyor's certificate a
statement as follows: "~e platting or dedication of the following described land
(here insert correct description of the land subdivided) is with the free consent
and in accordance with the desire of the undersigned o~ers, proprietors and
trustees (if any)." The statement shall be signed by such persons and duly
acknowledgements of deeds. -',~'.~
SeC. 13-66. Filing of preliminary development plan.
Following the pre-application conference, the applicant shall submit a
preliminary development plan,'and the application for approval of the proposed
development to the Director of Engineering as set out below:
(a) ~"%~ree copies of an application for preliminary plan approval in a form
as approved by the Director of Engineering shall be submitted at least 21 days
prior to the Commission~meeting at which first consideration is desired.
(b) N~me Fifteen copies of each of the preliminary plan shall be sub-
mitted with the application.
(c) The applicant shall pay the fee required for filing prelminary plan
when the application is submitted.
Sec. 13-68. Filing of final development plan.
An application for approval of a final plan of a proposed development
shall be submitted to the Director of Engineering as set out below:
(a) Three copies of an application for final plan approval in a form as
approved by the Director of Engineering shall be submitted at least 21 days prior
to the Commission meeting at which first consideration is desired.
(b) Nine copies ~ each of the proposed final plan shall be submitted with
the application.
(c) The applicant shall pay the fee required for filing final plans when
the application is submitted.
(d) Before consideration of final plan approval by the Commission, the
applicant shall execute an agreement in a form approved by the Town Attorney for
compliance with this Article and installation of required improvements within two
years after final plan approval unless such period is extended by Council and shall:
(1) Have installed all improvements required by this Article in
accordance with construction plans approved by the Director of
Engineering in accordance with Sec. 13-69 and certify to the
Council that construction costs have been paid to the person
constructing such improvements; or
(2) Furnish a certified check payable to the Town of Leesburg in the
amount of the estimated cost of construction, as determined by
the Director of Engineering, which sum shall be returned by the
town only upon completion, approval and acceptance of the improve-
ments in strict conformity with the approved plans; or
(3) Furnish a bond by a surety company or other guarantee satisfactory
to the Council ~-~e~-§~m~ee in an amount sufficient to cover
the estimated costs of construction as determined by the Director
of Engineering and conditioned upon the construction of the re-
quired improvements in strict conformity with the plans.
Sec. 13-70. Required contents of p.reliminary development plans.
(a) Generally.
The preliminary plan shall provide all the facts necessary to show con-
formance with this Article. The Director of Engineering may authorize the filing
of combined preliminary and final development plans.
(b) Preliminary plan contents.
The preliminary plan shall be clearly and legibly drawn at a scale of
not less than 100 feet to the inch on numbered sheets 24 by 36 inches in size and
shall be clearly marked "Preliminary plan" and shall include the following infor-
mation for the proposed development:
(1) Proposed development name, which shall not duplicate or approxi-
mate other development names in Loudoun County.
(10)
~11)
(12)
(13)
(2) Location of property lines, existing easements, building,
water courses, existing utilities, culverts and drainage
outlets.
(3) The location and type of all existing trees eisht inch diameter
or ~reater; if the property is densely wooded in whole or in
part, the limits of such densely wooded areas may be shown on
the plan in lieu of locating individual trees within these areas.
(4) An indication of those trees which are to be removed and those
that are to be retained.
(5) Location, name and present width of existing streets or other
public ways.
(6) A topographic map, indicating by whom and by what means it was
made, having a contour interval of not greater than five feet
related to United States Coast and Geodetic Survey seal level
datum and delineating approximate 100 year flood zone limits for
the area within the proposed development and for a distance of
100 feet thereof.
(7) Name and address of record owner, and designer of preliminary
layout.
(8) Existing utilities.
(9) Preliminary layout plans of streets, sidewalks, sanitary sewers,
storm drains, water mains, curbs and gutters, and sizes and types
thereof; and the location of manholes and basins and underground
conduits.
Connections with existing sanitary sewers and existing water
supply.
Preliminary layout of provisions for collecting and discharging
surface drainage and preliminary designs for any bridges or
culverts which may be required; and provisions for facilities for
temporary storm drains terminating at the edge of the development.
If the proposed development is not to be served with a public
water supply and method of sewage disposal, a statement by the
Director of Health that requirements of the Health Department
have been or can be met.
Preliminary plans for erosion and sedimentation control measures.
Sec. 13-71. Required contents of final development plan.
(a) The final plan shall consist of construction drawings, notes and
specifications for public improvements required by this Article, substantially in
accordance with the approved preliminary plan and may include all or any part of
the area covered by the approved preliminary plan. Final plans shall be submitted
with:
(1) Water, sanitary sewer and storm drainage calculations with a state-
ment of the basis of design and drainage area map showing individual
and cumulative drainage areas tributary to each point of con-
centration.
(2) A detailed cost estimate of all public improvements and erosion
control measures in a form approved by the Director of Engineering.
(b) Following approval of the final plan, the developer shall submit
additional copies of final plan drawings if required for inspection.
(c) Final plan contents, generally.
The final plan shall be clearly and legibly drawn on numbered sheets
24 by 36 inches in size and shall include:
(1) Cover sheet showing vicinity map, subdivision name, cost
estimates and required signature approval blocks in a form
approved by the Director of Engineering.
(2) Street and utility improvement plans to consist of plan and pro-
file drawn to the scale of one inch to 50 feet horizontally and
one inch to five feet vertically. The plan portion of the streets
shall include in sufficient detail the location of all streets,
lots and storm drainage, sanitary sewerage, and water distribution
systems. The profiles shall show the existing and proposed street
profiles and profiles of all sanitary sewer and storm improvement.
Details of standard street sections and miscellaneous construction
items, including street name signs, shall appear on the sheets as
well as any construction notes pertaining to the proposed
improvements.
If outside the town, the plan shall be accompanied by certification
from the Virginia Department of Highways and Transportation,
Loudoun County Resident Engineer, stating that the streets and
drainage plans meet requirements of the department.
(3) Grading and drainage plans drawn at a scale of not less than 50
feet to the inch, and showing the proposed street and lot layout
including dimensions. The existing topography shall be shown at
not less than at two foot contour intervals; 25 and 100 year
flood zone limits shall be delineated.
Proposed grading shall be shown by either proposed contour lines
or sufficient spot elevations and drainage direction arrows. In
addition, proposed elevations of the finish grade at the building
and all lot corner elevations shall be shown. Storm drainage
pipes and structures and their sizes and elevations shall be
indicated.
(4) Erosion and sedimentation control plans, separate or included
with the grading and drainage plans, which are to include the
necessary control measures and specifications so as to comply
with the requirements of the erosion and sedimentation control
regulations.
(5) Street lighting plans showing the number, location and type of
street lights.
(6) A landscape plan showing location, number, type and size of plant
materials.
~me~u~e*
(7) Location, type and dimensions of vehicular ingress and egress to
the site.
(8) Location, type, size, and height of all fencing, screening and
retaining walls.
(9) All off-street parking and parking bays, loading spaces, walk-ways
and bike paths, indicating type of surfacing, size, angle of
stalls, width of aisles and a specific schedule showing the number
of parking spaces provided and the number required according to
the applicable zoning ordinance.
(10)
(11)
(12)
The number of floors, floor area, height, exterior dimensions,
location and proposed use of each building. If the building
contains multi-family units, the number and size of the dwelling
units shall be shown.
Proposed refuse storage container locations and their access.
A plan for symmetrical transition of pavement at intersections
with existing streets and road edges.
Sec. 13-75. Lots.
(a) Lot dimensions shall comply with the minimum requirements of zoning
regulations for area and width unless varied as authorized in Sec. 13-81.
(b) Side lot lines shall be generally at right angles or radial to street
right-of-way lines unless a variation from this rule will give a better street or
lot layout. Double frontage lots are permitted except that such lots which abut
a major or primary thoroughfare shall be provided with a separating buffer strip
of land at least two feet in width without the right of access across such strip.
Every residential lot shall front on an approved street.
Sec. 13-80. Water supply.
(a) The subdivider or developer shall install a water system for the sub-
division or development. A complete water main system shall be connected to a water
supply which is approved by the Director of Engineering and as necessary by the
County Health Department. Water lines serving cul-de-sacs shall be connected
back into the water distribution system. Fire hydrants with two, two' and one-half
inch outlets and one, four inch pumping connection shall be provided by the sub-
divider or developer in all subdivisions and developments. The hydrants shall be
located between property lines and curb and gutter. The type of hydrants, control
valves, and the location of the hydrant shall be approved by the Director of
Engineering. ¥~e-hy~mmes-s~e~-~e-spsee~-se-~mee~e~-m~-~-e~eee~-B88-~eeev
A two inch blow-off valve assembly shall be installed at th~ endY~f~all~dead~end
s~r~et~s wher~.nopermanent fire-hydrant is installed for the purpose of periodical
flushi~M)of~5 the water mains or wh e no %oop into t e water s stem is provided
The water system and aft serwce fines an~ appurtenancesexcept the '
water meter shall be completed in accordance with the plans and profiles prepared
for the subdivision or development by the Director of Engineering as meeting the
required specifications for water systems.
Sec. 13-93. Procedure for postin~ performance bond~ partial and complete
release of performance bond.
(a) The performance bond or other guarantee required by Sec. 13-58 ~)~B~
and Sec. 13-68 ~)~) shall be submitted to the Director of Engineering at least
10 days prior to the Council meeting at which first consideration is desired.
The Director of Engineering shall refer the proposed bond to the Town Attorney
for approval of the form and shall report in writing the acceptability of the bond
to the Council at its meeting.
(b) The Council may authorize the partial or complete release of any bond
or other 8uarantee within 30 days after receipt of written notice by the subdivider
or developer of completion of part or all of improvements required by this Article,
provided, however:
(1) No release shall exceed ninety percentum of the actual cost of the
improvements until such facilities have been completed and
accepted by the Council~
(2) No release shall be required if the Director of Engineering
notifies the subdivider or developer in writing of any specified
defects or deficiencies in the improvements prior to the expira-
tion of the 30 day period; and
(3) A certificate of partial or final completion of the improvements
from a resistered professional ensineer and approval by the
Director of Ensineerin~ shall be required before a release is
approved.
Sec. 13-97. Required approvals of final plan and final plat.
The following approvals shall accompany or be shown on a final plat and shall
be necessary for its approval:
(a) Certification by a registered surveyor that the final plat is correct.
(b) Certification by a registered engineer that the final plan has been
prepared in accordance with the requirements of this Article.
(c) Director of Engineering approval of the final plan and final plat.
(d) Commission approval of the final plan and final plat.
(e) Town Sttorney approval of the final plat.
(f) Agreement for public improvements authorized by Council and one of the
requirements of Sec. 13-58(d) e~mp~e~e~ and Sec. 13-68(d) completed.
SECTION II. If any section, subsection, sentence, clause of phrase of
this ordinance is, for any reason, held by a court of competent jurisdiction to
be invalid, the decision shall not affect the validity of the remaining portions
of the ordinance.
Section III. This ordinance shall be in effect within the Town after
12:01 a.m., January 14, 1981 and shall be in effect in the County of Loudoun
within one mile from the corporate limits after its approval by the Loudoun County
Board of Supervisors, as required by Sec. 15.1-467 of the Code of Virginia, or if
the County fails to notify this Council of its disapproval, 90 days after its
receipt by the Board, whichever shall first occur.
Section IV. The manager shall send a copy of this ordinance to the Loudoun
County Planning Commission and the Loudoun County Board of Supervisors and give
notice of the proposed amendments applicable beyond the town limits.
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PASSED this 14th day of January,
, 1981.
Town of Leesburg
ATTEST:
Clerk of C~ncil