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HomeMy Public PortalAbout1993_01_26_O005 Amending the SLDR regarding TEC EasementsThe Town of .buirg' rg nia ORD~[ANOE NO. AN OIi~INANCE: PRESENTED January 26: 1993 93-05 ADOPTED January 26, 1993 AMENDING THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS TO REVISE AND DELETE REQUIREMENTS CONCERNING TELEPHONE, ELECTRIC, AND CABLE TELEVISION EASEMENTS WHE~, Section 1~76(a) of the Subdivision and Land Development Regulations requires telephone, electric and cable television easements to be located along rear property lines; and WHEREAS, the Planning Commission has received and granted numerous requests for variation from t~LiS requirement; and '~VHEREAS, good zoning practice requires that regulations be designed so as to pre4~ude the need for frequent and recurring exceptions; and WHEREAS, on October 13, 1992 the Council initiated consideration of an amendment to the cited provision of the Subdivision and Land Development Regulations; and WHE~, the Planning Commission has held a public hearing and made its recommendation to Council; and WHEREAS, the Council has conducted a public hearing pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia as amended, and has duly considered the proposed amendment: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Section 13-76(a) of the Subdivision and Land Development Regulations is hereby SECTION I. amended as follows: (a) Easements shall be provided where necessary for sanitary sewer, water mains, gas mains, electric lines, telephone lines, cable television lines and other necessary services. V!a~cr, ~--: ............. ~ --~ ~: ....... ~" ~*~ v,~in The location o~ "--]-! =-~'~5 ex~st~ng easements of record and easements created ~n -2- AMEN. DING THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS TO REVISE AND DELETE REQUIREMENTS CONCERNING TELEPHONE, ELECTPJC, AND CABLE TELEVISION EASEMENTS conjunction with plat approval shall be indicated on final subdivision plats, as provided in Section 13-62. Construction drawings for subdivisions or development plans shall show existing easements of record and easements being created, and shall also indicate the proposed location of electric~ gas, telephone and cable television easements in order to avoid conflicts with town utilities, town right-of-wa.y, or the placement of street trees. SECTION H. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of compet~nt jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Subdivision and Land Development Regulations. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 26th day of January , 1993. ATTES.r: James E. Clem, Mayor Town of Leesburg ~lerl~ of' Cour~cil ?'