HomeMy Public PortalAbout1994_08_09_O028 Amending the SLDR to provide extension of Plat, PlanThe Town of
Leesburg,
Virginia
ORDINANCE NO. 94-0-28
PRESENTED August 9~ 1994
ADOPTED Ausust 9, 1994
AN ORDINANCE: AMENDING THE LEESBURG SUBDMSION AND LAND DEVELOPMENT
REGULATIONS REGARDING EXTENSION OF PRELIMINARY PLAT AND
PLAN APPROVALS AND PRELIMINARY DEVELOPMENT PLAN PRO-
CESSING
WHEREAS, on September 2, 1993, the Leesburg Planning Commission request~i the Town
Council to consider changes to the Subdivision and Land Development Regulations regarding extensions
of preliminary plat and plan approvals and preliminary development plan processing;, and
WHEREAS, on October 12, 1993, Council forwarded Resolution #93-195 to the Planning
Commission for consideration of these amendments; and
WHEREAS, on November 18, 1993, the Planning Commission held a public hearing on these
proposed amendments and subsequently forwarded a positive recommendation to Council to consider a
modified version of the amendments; and
WHEREAS, on July 12, 1994, the Town Council held a public hearing on these proposed
amendments; and
WHEREAS, revisions have been incorporated into the draft amendment es recommended by the
Planning and Zoning Committee of the Council:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in 'virginia as follows:
SECTION I. The Town of Leesburg Subdivision and Land Development Regulations are hereby
amended es follows:
Adding a new Section 13-54 (b) and changing the designation of the existing (b) to (c)
SECTION 13-54. FEES
(b) For extensions of a preliminary plat approval, the fee shall be $200 for ax, administrative approval
and an additional $150 if Planning Commission action is required.
AMENDING THE ORDINANCE REGARDING PRELIMINARY PLATS AND PLANS 2
Amending Section 13-57 by amending subsection (g) and adding a new sub~.tion (h) as
shown below:.
SECTION 13-57. REVIEW AND APPROVAL OF PRELIMINARY SUBDMSION PLAT
(g)
Skmificance of Preliminary Plat AODr0Val; Expiration of Preliminary Plats.
Preliminary plat approval is tentative and does not authorize the construction of any
improvements within the subdivision.
Approval of a preliminary plat shall be valid for a period of c---c t~hree year!_ from the date of
.... ~'~ c.~.~=!~.,d by *~'~ '~--~:~:~- ;.; it: '" .... ":-- ' '
Commission action. --~
If a developer records a final plat, which may be a section of a subdivision, as shown on an
approved, unexpired preliminary plat and furnishes to the governing body a certified check, cash
escrow, bond, or letter of credit acceptable to the town in the smount of the estimated cost of
construction of the facilities to be dedicated within said section for public use and maintained by
the locality, the Commonwealth, or other public use and --------~--':--'~:--'~J I....j +i.~. 1~.~1:4....~;, +i.~__.
.. ' ' --1~+ .~.. ~....~:n .--n the developer
shall have the right to record the remaining sections shown on the pre~minary plat for a period
of five years from the recordation date of the first section, subject to the terms and conditions
of this subsection and subject to engineering and construction standards and zoning requirements
in effect at the time that each remaining section is recorded.
(h) One Year Extensions of Preliminary Plat Approval.
An aoolicant may request a one year extension of preliminary plat approval. The Town will not
be responsible to n0tifv aoolicants of the expiration date of an approved preliminary plat. No
more than two extensions will be considered in cases where ~n appli~nt has not recorded a final
plat for any section of the preliminary plat. The procedure to extend a preliminary plat approval
is as follows:
A preliminary plat extension application and the assodated vrocessing fee must be
submitted ot l~t 45 calendar days, prior to the expiration date of a preliminary plat.
An extension request will not be considered after the expiration Qf the plat.
Administrative approvals of extension aoDlications will be granted provided the applicant
submits a written azreement that the construction drawings and final plats will comply
with all Town Ordinances in effect at th.~ time of the reauested extension, and no
revisions to the aDoroved preliminary plat will be necessa .ry to meet the current
reaulations.
Staff will review the plat to certify if the plat is in compliance with the current
ordinances and that revisions to the plat are not necessary.
AMENDING THE ORDINANCE REGARDING PRELIMINARY PLATS AND PLANS 3
Following staff review, and within 15 working days of the date of submission, the
Land Development Official shall notify the applicant that the extension has been
granted or that further processing is required due to conflict with the current
ordinances. The decision of the Land Development Official shall be reported to
the Planning Commission at its next regularly scheduled meeting.
If an administrative approval cannot be considered, or a request is received[ less than 45
calendar days from the date of plat expiration, the additional processing fee will be
required. The extension application will then be placed on the next work session agenda
of the Planning Commission for consideration.
Preliminary plats that have been approved or conditionally approved prior to the adoption
of this amendment shall be treated as follows:
Preliminary plats which have already received extensions of approval are eligible
for further one year extensions provided that a preliminary plat may not be valid
for more than five (5) years.
In addition, prelimina .fy plats which have already received extensions of approval,
and whose original date of prelimina .ry plat approval is before June 1, 1991~ are
eligible for a maximum of two additional one year extensions.
Adding a new item ((k)) to Section 13-62 (b)(1)
SECTION 13-62. REQUIRED CONTENTS OF SUBDIVISION PLATS
((k)) Include the following note on the Plat:
Prelimina .ry plat approval is initially valid for a period of three years.
One-year extensions of this approval will be considered annually. No
more than two extensions will be considered in cases where an applicant
has not recorded a final plat for any section of the prelimina .fy plat. The
applicant will not receive any notification from the Town of this plat's
expiration. The applicant is responsible for filing an extension request
in accordance with the Town's ordinance in effect on the date of
application.
EXTENSIONS FOR DEVELOPMENT PLAN APPROV.ZL~q
Adding a new Section 13-54 (b) and changing the designation of the ex:sting (b}, to (c) etc.:
Section 13-54. FEES.
(b) For extension of a preliminary development plan approval, the fee shall be $200 for ~n
administrative approval and an additional $150 if action by the P]8oninE Commi.qsion is
required.
AMENDING THE ORDINANCE REGARDING PRELIMINARY PLATS AND PLANS 4
Amending Section 13-66 as shown belows.
SECTION 13-66
FILING OF PRELIMINARY DEVELOPMENT PLAN
Following the pre-application conference, the applicant :?..!! is authorized to submit eL preliminary
development plan, and the application for approval of the proposed development to the Land Development
Official .,~z =ct out bolo':::. Preliminary development plan applications shall include the following:
(a)
w~.....w ...... ~..~.:"~ v. ^~ ~."~ application for preliminary plan approval, in a form em approved, by the Land
iDevelopment Official, ~" ~ .... ~:~ ^~- ~- o~ ~cy ' ~
Co)
T'::c:'.~' ~"'^ Five (5) copies of the preliminary plan .~.n ~ .... ~:~ ..~,~ +~ ..... ]:~..:~
.Additional copies may be required due to the number of agencies reviewing the application.
(c)
The application ~ppl:.cz.=t =?..!! p~y thc fee required for filing th___q preliminary plan '::~.cn thc
SECTION 13-67
REVIEW AND APPROVAL OF PRELIMINARY DEVELOPMENT PLAN
Review for Completeness and Technical Accuracy.
'rhe Land Development Official shall conduct an initial review of the application and pr~liminsry
,development plan for completeness and technical accuracy. Within fifteen (15) working days of
application submittal, the Land Development Official shall notify the applicant as to, whether the
lplan has been accepted or rejected based on significant deficiencies in the proposed preliminary
.plan application. Applications for preliminary development plan ap0rcval which are deemed
Jincomplete shall not be accepted until the deficiencies have been properly addressed.
Referral of an Application to Review Agencies.
Upon acceptance of a complete application the Land Development Official shall request addition~l
.copies of the complete application from the applicant and, upon receipt~ shsll forward the plsn
and related information to the following review agencies as necessary:
[1~_ Department of Engineering and Public Works
J:2) Fire Marshal
AMENDING THE ORDINANCE REGARDING PRELIMINARY PLATS AND PLANS 5
Leesburg Volunteer Fire Company
Loudoun County Department of Environmental Resources
Applicable utility companies
Virginia Department of Transportation, when such application affects a road maintained
by the Commonwealth of Virginia
Any other Federal, State, Town or Coun .ty agency which may have cause to review the
application
iDetailed Staff Review of Application.
~The Land Development Official shall coordinate the review by referral agencies. The official
shall report in writing those corrections or additions deemed necessary, by him and other officials
,or agencies interested in the application as soon as the comments are available.
Planning Commission Review and Action.
'The Planning Commission shall act on the application within sixty. (60) calendar days of the time
the Land Development Official determines that the application is complete. The Planning
,Commission shall act to approve the plan, approve the plan with revisions agreed to in writing
by the applicant, or disapprove the plan. ff the plan is disapproved, the Land Development
Official shall notify the applicant of such disapproval and shall set forth in writing the reasons
for the Planning Commission's disapproval and shall further specify the corrections or
:modifications that would permit approval by the Planning Commission. This time period for
action may be extended by mutual agreement of both the town and the applicant.
iResubmittal of Preliminary Plans not Approved by the Commission.
'The applicant may revise and resubmit an application and fee for preliminary plan approval, after
!said plan has been disapproved by the Planning Commission. The resubmitted preliminary plan
!application shall be reviewed and processed in accordance with the procedures established in
Section 13-67 of these regulations.
Significance of Preliminary Development Plan Approval; Expiration of Preliminary Plans
Preliminary development plan approval is tentative and does not authorize the construction of
any improvements within the development.
,Approvals or conditional approvals of an -"-~!:'~..ficn an~ _a preliminary plan shall be valid for cnc
ycc. r three .gem from the date of Commission action. The Commission may grant conditional
approval of an ~:~: .... '~ pl
~. ........... a preliminary an ~ .... '~: ...... nn:+:^~ +~ +~ .... ~:~:~
~:nd~,.~.. ~ ........ ~. ~ ..~'~'~ ~,~'~ _if the applicant a~m'cc~, provides a written agreement to make the
corrections or additions required by the Commission on the final development plan.
The Land Development Official shall return to the applicant one copy of an ap]~lication and
preliminary plan which as 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
tbr second or subsequent consideration by the Commission and shall submit additions or
corrections of the application and plan to the Land Development Official at least seven days prior
t~) the date specified.
AMENDING THE ORDINANCE REGARDING PRELIMINARY PLATS AND PLANS 6
The Planning Commission shall approve any development plan that generally conforms with the
preliminary development plan, and conforms to the Subdivision and Land Development
iRegulations, the Zoning Ordinance and the Leesburg Design and construction Standards Manual,
latest edition and if nothing has come to the attention of the Commission that is materially
adverse or contrary to the requirements or purpose of these regulations, the location and
alignment of public facilities may be changed if necessary as the result of final engineering design
'between the preliminary plan approval and the final plan submission. Prclim"nc:~' plan ........ '
(i) iExtensions of Preliminary Development Plan Approvals
.An applicant may request a one year extension of prelimina ,ry plan approval. The Town will not
'be responsible to no~y applicants of the expiration date of an approved preliminary plan. No
:more than three extensions will be considered for any plan. The procedure to extend a
preliminary plan approval is as follows:
A written request to extend the preliminary plan approval and the associated fee must
be submitted at least 45 calendar days, prior to the expiration date of a preliminary plan.
An extension request will not be considered after the expiration of the plan.
12_.
Administrative approvals of extension requests will be granted, provided 'the applicant
submits a written agreement that the final development plan will comply with all Town
Ordinances in effect at the time of the requested extension, and no revisions to the
approved preliminary plan will be necessary to meet the current regulations.
Staff will review the plan to certi .fy if the plan is in compliance with the current
ordinances and that revisions to the plan are not necessary.
Following staff review, and within 15 working days of the date of submission, the
Land Development Official shall noti .fy the applicant that the extension has been
granted or that further processing is required due to conflict with the current
ordinances. The decision of the Land Development Official shall be reported to
the Planning Commission at its next regularly scheduled meeting.
ff an administrative approval cannot be considered, or a request is received less than 45
calendar days from the date of plan expiration, the additional processinl~ fee will be
required. The extension application will then be placed on the next work session agenclA
of the Planning Commission for consideration.
Preliminary plans that have been approved or conditionally approved prior to the
adoption of this amendment shall be treated as follows:
(fa))
Prelimina .ry Plans which have already received extensions of approw~l are eligible
for further one year extensions provided that a prelimina .~ plan may not be valid
for more than five (5) years.
((b))
In addition, preliminary plans which have already received extensions of
approval, and whose original date of preliminary plan approval is before June 1,
1991, are eligible for a maximum of two additional one year extensions.
AMENDING THE ORDINANCE REGARDING PRELIMINARY PLATS AND PLANS
Adding a new item ((k)) to Section 13-70(b)(1)
',SECTION 13-70. REQUIRED CONTENTS OF PRELIMINARY DEVELOPMENT PLAN
((k)) Include the following note on the plan:
Prelimina .fy plan approval is initially valid for a period of three years. One-year
extensions of this approval will be considered annually for two successive years.
The applicant will not receive any notification from the Town of this plan's
expiration. The applicant is responsible for filing an extension request in
accordance with the Town's ordinance in effect on the date of app][ication.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any
remaining provisions of the zoning ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
iPASSED this 9th day of August , 1994.
"James E. Clem, Mayor
Town of Leesburg
ATTEST:
Clerk of Council
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