Loading...
1984_11_14_O047The Town qf Leesburg in Virginia PRESENTED November 14, 1984 ORDINANCE ~ NO. 84-0-47 ADOPTED November 14, 1984 AN ORDINANCE: AMENDING ARTICLE IV, CHAPTER 13, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS OF THE TOWN CODE REGARDING LAND DEVELOPMENT OFFICIAL WHEREAS, proposed amendments to Article IV, Subdivision and Land Develop- ment, Chapter 13, of the Town Code to revise regulations regarding the Land Development Official were initiated by the Council on September 2~$, 1984; and WHEREAS, a joint public hearing of Council and the Planning Commission on the proposed amendments was advertised and held on October 24, 19134, 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 the Land Development Official; 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 13-55, 13-56, 13-57, 13-58, 13-59, 13-60, 13-61, 13-63.1, 13-64, 13-65, 13-66, 13-67, 13-68, 13-69, 13-70, 13-71, 13-77, 13-86, 13-88, 13-89, 13-90, 13-91, 13-93, 13-97 and 13-99 of Article IV, Subdivision and Land Development, Chapter 13 of the Town Code are amended to read as follows: Section 13-55. Preapplication procedure. Prior to submission of a preliminary plat, the applicant should meet with the Di~=~tur~ of ~n~i~eri~ ~,,d Co--~i~ De~=lopm~n[ Land Development Official to present a concept plan of the proposed subdivision and to participate in an informal conference regarding plans for development; however, representations concerning plans do not bind the Commission or the subdivider. Section 13-56. Filin~ of preliminar~ subdivision plat. Following the pre-application conference, the applicant shall submit a pre- liminary plat and application for approval of the proposed subdivision to the Diz=~t~ of ~a~i.,earin~ Land Development Official as set out below: ldo -2- LAND DEVELOPMENT OFFICIAL (a) Three copies of an application for preliminary plat approval in a form approved by the ~i~v~ of ~mgin~i~g Land Development Official shall be sub- mitted at least 21 days prior to the Commission meeting at which first con- sideration is desired. (b) ~i-f~e~Twenty-seven copies each of the preliminary plat shall be sub- mitted with the application. (c) The applicant shall pay the fee required for filing preliminary plats when the application is submitted. Sec. 13-57. Approval of preliminary subdivision plat. (a) The ~ ....... D ......... gn&ia~i~& Land Development Official shall review the application and preliminary plat of the proposed subdivision. One copy each of the plat shall be delivered to the Zoning Administrator, Director of: C~i[~ ~a=~En~ineering, Loudoun County Director of Health, Loudoun County Superintendent of Schools, ~dv~,, ~ ' - ~,.o~ ........ ~ ...... ~du~a C~mL~ g~i,~, and the Leesburg Board of Architectural Review (when applicable) ~,,g ~i,~ La~b~ ;i,~ ~,o~,~i. Seven copies of each plat shall be delivered to the Loudoun Count~ Department of Plannin~ Zonin~ and Community Development to be distributed as follows: Parks and Recreation (one copy); Loudoun County Engineer (one copy); Department of Natural Resources (two copies); Fire Marshall (one copy); Zoning (one copy); Plannin~ (one copy) and three copies shall be delivered to the Virginia Department of Highways and Transportation. The ~ Official 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 application was first considered. (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 corrections 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 ~i,~z ~f Zmgin~zia~ Land Development Official with all correc- tions or additions made. The ...... ~,=~, o, ~ngineeri~g Land Development Official shall return to the applicant one copy each of the Commission approved applica- tion and preliminary plat within 14 days of approval. (c) The gire~oz of ~agia~ezing Land Development Official 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 ~r~ct-~t-~ ~~r'~r~ Land Development Official at least seven days prior to the date specified. ldol -3- LAND DEVELOPMENT OFFICIAL (d) Preliminary plat approval does not authorize construction of im- provements within the subdivision or development. Section 13-58. Filin~ of final subdivision plat. An application for approval of a final plat of a proposed subdivision shall be submitted to the Dir~o~ of ~n~in~ring Land Development Official as set out below: (a) Three copies of an application for final plat approval in a form as approved by the Di~=u~o~ vf ~i~==~i.m Land Development Official shall be sub- mitted at least 21 days prior to the Commission meeting at which first considera- tion is desired. (lb) No change (c) No change (id) No change Section 13-59 Approval of final subdivision plat. The Di~to~ of ~m~iae~ri~ Land Development Official shall review the applica- tion, final plat and construction plans of the proposed subdivisions 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 dis- approve the application and final plat within ~ 60 days from the date the application was first ~, received by the Land Development Official. The Commission may grant conditional approval of an 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 9{-~~ Land Development Official with all corrections or additions made. (b) No change (c) The Di.=~'~o. of Ra~i.e~ri,~ Land Development Official shall return to the applicant one copy each of the approved application, final plat and construction plans within 14 days of approval. The Dir=ctv~ of ~n~ia==~i~g Land Development, Official shall return to the applicant one copy each of an application and final plat which has been dis- approved 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 ......... f ~n~ine=rin~ Land Development Official. LDO2 -4- LAND DEVELOPMENT OFFICIAL Sec. 13-60. Recordin$ of final subdivision plat. Delete Dire~to~ of E~gine=ring; insert Land Development Official. Sec. 113-61. Required contents of subdivision plats. Delete Diz=~tof of ~ngine~ing; insert Land Development Official. Sec. 13-63.1 Adjustment of Boundary Lines. Delete D~.=~ .... f ~-mgi~,~=~i,,~; insert Land Development Official Sec. 13-64. Land development~ generally. Delete : ..... · D~=~o~ o~ ~gi~=~in~; insert Land Development Official Sec. 13-65. Preapplication procedure Land Development Official. Sec. 13-66. Filin~ of preliminary development plan. Delete~=~o~~- ~ - uf gn~in=¢ring; insert Land Development Official; delete F-i-ftee~: insert Twenty-seven. Sec. 13-67. Approval of preliminary development plan. (a) The Di~=~[o~ of ~a~ia==~ia~ Land Development Official shall review the application and preliminary plan of the proposed development. One copy each of the preliminary plan shall be delivered to the Zoning Administrator, of Cvs. Ally De,=lo~mea~ Director of Engineering, Loudoun County Director of Health, Loudoun County Superintendent of Schools, L~do~,, 3~ii ,,~d W~[=~ =~,~o ........ ~, L~,do~% u~ .... ~ 2~i~==~ and the Leesburg Board of Architectural Review (when applicable) ~d [:,= L==~b,z~ Ui~= M~hal. Seven copies of each plan shall be delivered to the Loudoun County Department of Plannin~ and Community Development to be distributed as follows: Parks and Recreation (one copy)~ Loudoun Count~ Engineer (one copY); Department of Natural Resources (two copies)~ Fire Marshall (one copy)} Zoning (one ~op~); Plannin~ (one copy) and three copies to the Virginia Department of Highways and Transportation. He 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 con- sideration of the application. The Commission shall act to approve, con- ditionally approve, or disapprove the application and preliminary plan within 45 days from the date the application was first considered. (b) Delete Di~=~tu~ uf gn~i,=~rif, g; insert Land Development Official. (c) Delete .... . ~=~u~ u~ Ea~ia=erin~; insert Land Development Official (d) No change ldo3 LAND DEVELOPMENT OFFICIAL -5- Sec. 13-68. Filin~ of final development plan. An application for approval of a final plan of a proposed development shall be submitted to the DiL~u~ vf R~i~eri~ Land Development Official as set out below: (a) Delete ..... r ..L~u~u~ v. ~n~in6erin~; insert Land Development Official. (b) No change (c) No change (d) No change Sec. 13-69. Approval of final development plans. The Di~=~tu~ uf En~ia==~in~ Land Development Official shall review the applica- tion and final plan of the proposed development and shall in writing report 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. (ia) Delete ~- ~ ~f r . D~L~ .... a~ia~[i~s; insert Land Development Official (b) No change. (c) Delete D~£~ uf ~,~i~e~i~s; insert Land Development Official. The Di~L uf ~mmia~fi,,~ Land Development Official shall return to the applicant one copy each of an application and final plan which has been dis- approved 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 plan are submitted to the Dir~[u~ uf ~n~i~,~ri~ Land Development Official. Sec. 13-70. Required contents of preliminar~ development plans~ Delete Director uf ~n~in~=~in~; insert Land Development Official. Sec. 13-71. Required contents of final development plans. Delete Director uf ~a~iaee~in~; insert Land Development Official. Sec. 13-77. General. (a) Delete.~=~~-- ~ ~f ~n~i~=eri~; insert Land Development Official. (b) No change Sec. 13-86. Landscapin~ and Tree Cover. Delete ~ .... . -.~=~uL ~f ~ngi~ee[in~; insert Land Development Official ldo4 -6- LAND DEVELOPMENT OFFICIAL Sec. 13-88 Street Lights. Delete Di~o~ of ~a~ia~e~ing; insert Land Development Official. Sec. 13-89. Di~=~to~ of ~nAine=zig~ Land Development Official., Delete D ..... vL vf 2a~in=6~in~; insert Land Development Official. Sec. 13-90. Commission. Delete .......... .......... ~n nearing; insert Land Development Official. Sec. 13-91. Variances. Delete Di~e~L of 2m~i~==~i~; insert Land Development Official. Sec. 13-93. Procedure for postin8 performance.bond; partial and complete release of performance bond. (a) Delete Di~=~Lur uf g~,~i~e=~i~; insert Land Development ~Official. (b) (2) Delete Di~tu~ uf gn~i~==~im~; insert Land Development Official. Sec. 13-97. Required approvals of final plan and final plat. Delete Di~=u~u~ uf Ea~in==~i,m; insert Land Development Official. Sec. 13-99. Definitions and rules of construction. (c) as used in this article, the following terms or words shall have the meanings given below: "Land Development Official"~ shall mean the Town Manager or his designee. SECTION II. SECTION III. PASSED this Ail prior ordinances in conflict herewith are repealed. This ordinance shall be in effect upon its passage. 14th day of November ATTE ST ? , ~ ~. ,¢ '.// Cl~rk of -~cil , 1984 R~ber~t E; $~'vila, Mayor Town of Leesburg