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HomeMy Public PortalAbout1997_10_14_O035 Amending the SLDR regarding Vacation of Boundary LinesThe Town of Leesburg, rg ma 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. -2- 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