HomeMy Public PortalAbout1997_10_14_O035 Amending the SLDR regarding Vacation of Boundary LinesThe Town of
Leesburg,
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PRESENTED October 14, 1997
ORDINANCE NO. 97-0-35
ADOPTED October 14, 1997
AN ORDINANCE:
AMENDING SECTION 13-55.3 OF THE LEESBURG SUBDIVISION AND
LAND DEVELOPMENT REGULATIONS REGARDING THE VACATION OF
BOUNDARY LINES
WHEREAS, on July 1, 1997, the Virginia General Assembly, in regular session, mended Section
15.1-483.1 of the Code of Virginia as it pertains to the vacation of boundary lines to give localities authority to
vacate certain boundary lines administratively without requiting a public hearing and/or Council resolution; and
WHEREAS, to ensure consistency with the Code of Virginia, the Town of Leesburg Subdivision and
Land Development Regulations should be likewise amended; and
WHEREAS, on August 7, 1997 the Planning Commission held a public hearing on the proposed text
amendments and forwarded to Council a recommendation to adopt Resolution 97-164; and
WHEREAS, on October 14, 1997, Council held a public hearing on these proposed amen&ments; and
WHEREAS, these amendments to the subdivision ordinance serve the public interest by simplifying the
procedure to consolidate parcels.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Subdivision and Land Development Regulations are hereby amended as
follows:
SECTION 13-55.3 BOUNDARY LINE ADJUSTMENTS/VACATIONS
The Land Development Official may approve the vacation, relocation or alteration of the: boundary of
any lot or parcel of land, which was established as part of an otherwise valid and properly recorded plat
of subdivision or resubdivision and properly executed by the owner(s) of such land and approved as
provided in this ordinance or properly recorded prior to the applicability of a subdivision ordinance, if
such vacation, relocation or alteration does not create any additional lots or involve the relocation or
alteration of streets, alleys, easements for public passage, or other public areas; and pro,tided further,
that no easements or utility fight-of-way shall be relocated or altered without the express consent of all
persons holding interest therein. A boundary line adjustment/vacation shall result in lots which conform
to the requirements of the Zoning Ordinance, or in the case of existing non-conforming lots, does not
increase the extent of non-conformance. The plat approving the boundary line adjustment/vacation shall
be in a form approved by the Land Development Official and shall be executed by the ovmer or owners
of such land as provided in Section 15.1-477 of the 1950 Code of Virginia, as amended and shall bear
the seal and signature of a certified land surveyor, and the approval signatures of the Land Development
Official and Zoning Administrator. The subdivider or developer shall record the boundary line
adjustment/vacation plat in the land records of Loudoun County within six months of approval. Any
plat not so recorded shall be deemed null and void.
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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.
PASSED this 14th day of October, 1997.
Clerk of Council
Clem, Mayor
Leesburg