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1984_08_22_O036The Town of Leesburg in Virginia PRESENTED August 22, 1984 ORDINANCE NO. 84-0-36 ADOPTED August 22, 1984 AN ORDINANCE: AMENDING ARTICLE IV, SUBDIVISION AND LAND DEVELOPMENT, CHAPTER 13, OF THE TOWN CODE TO REVISE REGULATIONS APPLICABLE TO CLUSTER SUBDIVISIONS WHEREAS, proposed amendments to Article IV, Subdivision and Land Development, Chapter 13, of the Town Code to revise regulations applicable to cluster subdivisions were initiated by the Council on February 15, 1984; and WHEREAS, a joint public hearing of Council and the Planning Commission on the proposed amendments was advertised and held pursuant to Section 15.1-431 of the Code of Virginia, as amended; and WHEREAS, the Planning Commission considered amendments to the Subdivision and Land Development Regulations regarding cluster subdivisions; and WHEREAS, this Council finds that such revised regulations are required by the public necessity, convenience and general welfare; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Sections 13-57 and 13-59 of Article IV, Subdivision and Land Development, Chapter 13, of the Town Code are amended to read as follows: Sec. 13-57. Approval of preliminary subdivision plat. (a) The Director of Engineering shall review the application and pre- liminary plat of the proposed subdivision. One copy each of the plat shall be delivered to the: Zoning Administrator, Director of Community Development, Loudoun County Director of Health, Loudoun County Superintendent of Schools, Loudoun Soil and Water Conservation District, Loudoun County Engineer, Leesburg Board of Architectural Review (when applicable) and the Leesburg Fire Marshal. The Director shall report in writing corrections or additions deemed necessary by him and other officials or agencies interested in the application to the Commission and to the applicant prior to the Commission's first consideration of the application. The Commission shall act to approve, conditionally approve or disapprove the application and preliminary plat within 45 days from the date the applica- tion was first considered. -2- CLUSTER ORDINANCE (b) Approval of an application and preliminary plat shall ]be valid for one year from the date of Commission action and may be extended ]by the Commission upon application. The Commission may grant conditional approval of an application and preliminary plat if corrections or additions to the application or plat are needed and the applicant agrees to make the correc- tions or additions required by the Commission. Conditionally approved applications and plats are valid for one year from the date the applicant submits the required number of documents to the Director of Engineering with all corrections or additions made. The Director of Engineering shall return to, the applicant one copy each of the Commission approved application and preliminary plat within 14 days of approval. (c) The Director of Engineering shall return to the applicant one copy each of an application and preliminary plat which has been disapproved by the Commission noted with the reasons for the disapproval and non- conformance with this Article. The applicant shall be advised of the date for second or subsequent consideration by the Commission and shall submit additions or corrections to the application and plat to the Director of Engineering at least seven days prior to the date specified. (d) Preliminary plat approval does not authorize construction of improvements within the subdivision or development. (e) Notwithstandin~ any other provision of this Article to the contrary~ all preliminary cluster subdivision plats~ and any amendment or time extension of such plats, shall be approved, conditionally approved or disapproved under these regulations by the Council. The Director of En~ineerin~ shall review preliminary plats of cluster subdivisions and report the results of his review to the Council which shall act to approve, conditionally approve or disapprove the preliminary plat within 60 days from official submission to the Director of Engineering. In the event~ of conditional approval or disapproval; the proposed preliminary ~lat shall be returned to the applicant with the reasons for disapproval or conditional approval noted and the applicant shall be advised of the date for a second or subsequent consideration by the Council. Sec. 13.-59. Approval of final subdivision plat. The Director of Engineering shall review the application, final plat and construction plans of the proposed subdivision and shall report in writing corrections or additions deemed necessary by him or other officials or agencies interested in the application for compliance with this Article to the Commission, Council and applicant prior to the Commission's first consideration of the application. (a) The Commission shall act to approve, conditionally approve or disapprove the application and final plat within 45 days from the date the application was first considered. The Commission may grant approval of an clusteral -3- CLUSTER ORDINANCE application and final plat if corrections or additions thereto are needed and the applicant agrees to make the corrections or additions required by the Commission. Conditionally approved applications and final plats are approved when the applicant submits the required number of documents to the Director of Engineering with all corrections or additions made. (b) The Director of Engineering shall act to approve or disapprove the construction plans within 30 days from the date first submitted. (c) The Director of Engineering shall return to the applicant one copy each of the approved application, final plat and construction plans within 14 days of approval. (d) The Director of Engineering shall return to the applicant one copy each of an application and final plat which has been disapproved by the Commission noted with the reasons for the disapproval and non-conformance with this Article. The applicant shall be advised of the date for a second or subsequent consideration which shall be within 35 days of the date the additions or corrections to the application and plat are submitted to the Director of Engineering. (e) Notwithstandin~ any other provisions of this Article to the con- trary} all final cluster subdivision plats and any amendment or time ex- tension of such plats, shall b__e approved, conditionally approved or dis- approved under these regulations by the Council. The Director of Engineering shall review final plats of cluster subdivisions and report the results of his review t__~o the Council which shall act t_~o approve, conditionally approve or disapprove the final plat within 60 days from official submission to the Director of Engineering. In the event of conditional approval or dis- approval, the proposed final plat shall be returned to the applicant with the reasons for disapproval or conditional approval noted and the applicant shall be advised of the date for a second or subsequent consideration by the Council. SECTION II. Ail prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. PASSED this 22nd day of August ATTE ST ~ Clerk of~ouncil/~ ~.~ , 1984. Robert E. Sevtla, Mayor Town of Leesburg clustera2