HomeMy Public PortalAbout2004_08_10_O009 Amending the SLDR for Minor Sub, BLA, etc.The Town of
Leesburg,
Virginia
ORDINANCE NO. 2004-0-9
AN ORDINANCE:
PRESENTED August 10, 2004
ADOPTED August 10, 2004
AMENDiNG THE SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS REGARDiNG PURPOSE AND INTENT, MINOR
SUBDIVISION, BOUNDARY LiNE ADJUSTMENTS, CLUSTER
SUBDIVISION PROCESS, PRELIMiNARY DEVELOPMENT PLAN
PROCESS, AND LARGE LOT SUBDIVISIONS
WHEREAS, amendments to the Subdivision and Land Development Regulations were
initiated by the Town Council on May 27, 2004, to modify the purpose and intent, minor
subdivision notification, definition of boundary line adjustment, review process for preliminary
development plans, cluster subdivisions, and large-lot subdivisions, as well as, clarity who can
prepare development plan applications; and
WHEREAS, on June 3, 2004, the Planning Commission held a public hearing on the
proposed text amendments and forwarded to Council a recommendation to adopt the majority of
the proposed amendments as initiated by council; and
WHEREAS, on July 27, 2004, the Town Council held a public hearing on the proposed
text amendments; and
WHEREAS, these amendments to the subdivision ordinance serve the public interest.
THEREFORE, ORDAiNED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The L¢¢sburg Subdivision and Land Development Regulations are hereby
amended as follows:
SECTION 13-55 Purpose and Intent
The purpose of these subdivision regulations is to ensure the appropriate division of land wit5
~a ..... , .... t.~;~ c~;~;,;~ within the Town of Leesburg, in a manner consistent with ~
Plan sections 15.2-2241 thru 2245 of the State Code. t-Ms4m:da~ In particular, it is the intent of
these regulations to encourage the development of safe and attractive residential neighborhoods
and nonresidential developments; ensure the provision of appropriate public street access
between and among adjacent properties; ensure adequate provision for drainage and appropriate
arrangements of buildings and parking areas on the site and with nearby properties; obtain public
right-of-way, easements and other public land dedications, consistent with the Town Plan;
maintain appropriate buffers between potentially incompatible uses; discourage development on
steep slopes and in floodplains; and encourage preservation of historical, archeological, and/or
natural significant features and landmarks.
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AN ORDINANCE: AMENDING SUBDIVISION & LAND DEVELOPMENT REGULATIONS
steep slopes and in floodplains; and encourage preservation of historical, archeological, and/or
natural significant features and landmarks.
SECTION 13-55.2 Minor Subdivision
For the purpose of this division, a minor subdivision shall be defined as the creation of no more
than five lots of record, which do not require the extension of any public utility main. Minor
subdivisions shall not include those divisions of land, which create either pipestem lots or cluster
subdivisions. APplications qualifying as minor subdivisions need not include the submittal of
preliminary plat information, but need only submit the materials necessary for final plat
approval. The Land Development Official shall review minor subdivisions in the same manner
as final plats, as specified in Section 13-60 of these regulations. ~'~ mn~:~ r~^~:~: ..... ;.
1~ ~'~'~ ~": ~' .... ~'~;~ ~'~' ~: ...... ~"~"'~:~ ~"* "~'~ there shall be a minimum one-
year separation for the submission of minor subdivision applications on the same tract of land.
SECTION 13-55.3 Boundary Line Adjustments
This section pertains to property boundaries, not corporate limit line boundaries
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 re-subdivision 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 ~
any a~d!tiona! lot: shall not result in the creation of additional buildable lots and shall represent
the same general lot relationships as shown in the plat prior to the boundary line adjustment or
involve the relocation or alteration of streets, alleys, easements for public passage, or other
public areas; and provided further, that no easements or utility right-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 (see section '10.4.4.E of the zoning ordinance). 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 owner or owners of such land as provided in Section 15.2-2264 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.
SECTION 13-57 Review and Approval of Preliminary Subdivision Plat
(f)
Cluster Subdivisions: Town Council Planning Commission Action of Plat.
The Council Planning Commission may approve a preliminary cluster subdivision plat
which varies the area, yard and lot width requirements of the Zoning Ordinance, as
provided below.
(1) Criteria for Review and Approval of Cluster Subdivisions.
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AN ORDINANCE: AMENDING SUBDIVISION & LAND DEVELOPMENT REGULATIONS
In reviewing requests for cluster subdivision approval, the Co'.'.nci! Planning
Commission shall review the plat based on the following:
((a)) An overall plat of the entire tract showing streets, lot areas, easements,
covenants and other relevant data shall be submitted in accordance with
Divisions 2, 4, and 5 of this Article and the Leesburg Design and
Construction Standards Manual, latest edition.
((b)) Overall density shall not exceed that of the zoning district in which the
proposed subdivision is located. The houses in the proposed subdivision
shall be grouped in clusters to preserve open space. The minimum lot area
shall satisfy all Zoning Ordinance standards for cluster subdivisions.
((c)) The balance of the land in a proposed subdivision that is not contained in
lots or within street rights-of-ways shall be contiguous, and shall be of
such condition, size and shape as to be usable for recreation. Such land
shall be held in corporate ownership by the owners of lots within the
development, and the subdivider shall incorporate into the deeds of all
property within the development a clause giving to the owners an interest
in such open land, which shall be used for recreational purposes only. No
structure except those incidental to the principal use shall be permitted
thereon.
((d)) Common areas shall be a minimum of one and one-half acres and shall be
subject to taxation. In the case of larger common areas, the subdivider or
developer may petition the Town Council to accept dedication of the land
to be used in perpetuity as public open space.
((e)) The Cc',:nci! Planning Commission shall further make a determination
that:
(1) The cluster subdivision is compatible with adjacent properties to the
extent possible given the existing zoning and land use;
(2) The creation of the cluster subdivision is consistent with the goals and
objectives of the Town Plan, the purpose and intent of the Leesburg
Zoning Ordinance, and good planning practice.
' ~ '~'"'"' "" '*'"'""*" * '~ '""'"'"'""'"'" "'"' "'*'"~' *"'"'" ............ ~'"'"",l~ ..... ,t",t
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AN ORDINANCE: AMENDING SUBDIVISION & LAND DEVELOPMENT REGULATIONS
SECTION 13-60 Review and Approval of Final Subdivision Plat
(e) Cluster Subdivisions, Tawn Ce'an:i! Action on Plat.
For cluster subdivisions, the procedure for review and approval of final plats shall be the
for entional bdi isio
sameas conv su v ns; ....... ~ ~ ,..........~ .......................... .
SECTION 13-64 Pu~ose and Intent
The pu~ose of these regulations is to ensure the appropriate development of land within the
Town of Mesburg, in a manner consistent, section 15.2-2246 of the State Code. In p~icul~, it
is the intent of these regulations to encourage the development of safe and attractive residential
neighborhoods and nonresidential developments; ensure ~ adequate provision for &ainage and
appropriate public street access between and mong adjacent properties; ensure the provision of
appropriate ~angements of buildings and pghng geas on the site and with ne~by propeaies;
obtan public right-of-way, easements and other public land dedications, consistent with the
Town Plan; maintain approPriate buffers between potentially incompatible uses; discourage
development on steep slopes and in floodplans; and avoid disturbance of historical,
~cheological, an~or natural significant features and landm~ks.
SECTION 13-67 Approval of Prelimin~y Development Plan
(d) Land Development Offici~ m~..;.~ ~:~:~_ Review ~d Action.
(Added 9/8/94)
The Land Development Official Planning Cc~i::ian shall act on the application within
sixty (60) calend~ days of the time the Land Development Official detemnes that the
application is complete. The Land Development Official shall act to approve the plan,
approve the plan with revisions agreed to in writing by the applicant, or disapprove the
plan. If 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
C:~2::icn's disapproval and sh~l further specify the comections or modifications that
would pemt approval ~-'
~J .............. o ............ n. This time period for action may be
extended by mutual agreement of both the town and the applicant.
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AN ORDINANCE: AMENDING SUBDIVISION & LAND DEVELOPMENT REGULATIONS
(e)
(f)
(g)
(h)
(i)
Resubmittal of Preliminary Plans not approved by the Cc:rzrJa:icn Land Development
Official (Added 9/8/94)
The applicant may revise and resubmit an application and fee for preliminary plan
approval, after said plan has been disapproved by the Planning Ccmmk:icn. The
resubmtted preli~n~y plan application shall be reviewed and processed in accordance
with the procedures established in Section 13-67 of these regulations.
Significance of Pmli~n~y Development Plan Approval; Expiration of Prelimingy
Plans.
Preliminary development plan approval is tentative and does not authorize the
construction of any improvements within the development.
Approvals or conditional approvals of a prelimn~y plan shall be valid for three yegs
from the date of ~1~;~- action..h~ ~;~; .......... * ~:+;~""' approval ~
(Amended 9/8/94)
Thc Land Development Official shall mtu~ to thc applicant one copy of an application
and prelimin~y plan which has been disapproved ~"~ *~...~ ~*~;~;~"~,,,,,,~,~,. noted With the
reasons for the disapproval and non-cOnfo~ce with this ~icle. ~ .... ';-~-' ~"~"
Official "* 1~* ...... ~ ..... ~ *~ *h~ ~.* ..... 1~;~
The Land Development Official Planning Co~2:aion shall approve any development
plan that gener~ly confo~s with the preli~n~y development plan, and confoms to the
Subdivision and Land Development Regulations, the Zoning Ordnance and the Mesburg
Design and Construction Stand,ds Manual, latest edition and if nothing has come to the
attention of the Land Development Official Cam~Jaaicn that is materially adverse or
contr~y to the requirements or pu~ose of these regulations. The location and alignment
of public facilities may be changed if necess~y as the result of final engineering design
between the preli~n~y plan approval and the final plan sub~ssion.
(Amended 9/8/94)
Extensions of Preli~n~ Development Plan ApproVes. (Added 9/8/94)
An applicant may request a one ye~ extension of preli~n~y plan approval. The Town
will not be responsible to notify applicants of the expiration date of an approved
prelimin~y plan. No more than three extensions will be considered for any plan. The
procedure to extend a prelimin~y plan approval is as follows:
(1) A written request to extend the prelimin~y plan approval and the associated fee
must be submitted at least 45 c~end~ days, prior to the expiration date of a
prelimin~y plan. An extension request will not ~ considered after the expiration
of the plan.
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AN ORDINANCE: AMENDING SUBDIVISION & LAND DEVELOPMENT REGULATIONS
(2) Ad .............. 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.
((a)) Staff will review the plan to certify if the plan is in compliance with the
current ordinances and that revisions to the plan are not necessary.
((b)) 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.
......................
(3)
(3) ~w//tt~ Preliminary Plans which have already received extensions are eligible for
further one year extensions provided that a preliminary plan may not be valid for
more than five (5) years.
Amendments to set,on 13-75(~)(2)((d)) regarding common parking coups is deferred until
assoc~ted amendments to the Design and Cons~uc~on Standards Manual can be drafted and
reviewed at the ,ame ~me.
SECTION 13-89 Land Development Official
(b) The Land Development Official shall have the responsibility of acting on behalf of the
Co~ssion in m~ng dete~nations that a pa~icul~ subdivider or developer has or
has not complied with the requirements of this A~icle and shall perform the following
functions:
(4) Make recommendations in writing for action to the Commssion on all
pre]i~n~y subdivision plats._~--~ ~ ~ .... .~.~v_.~..~ ..... · v....~.-~"~ ce~ifying those which ~e
in full compliance with the provisions of this A~icle.
SECTION 13-90 Planning Co~ssion
The Commission shall:
(a)
Review the preliminary plat,..,~n"'4 r-----~- submitted by a subdivider or developer and either
approve, conditionally approve or disapprove the preliminary plat or plan.
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AN ORDINANCE: AMENDING SUBDIVISION & LAND DEVELOPMENT REGULATIONS
(b) Evaluate the recommendation of the Land Development Official relative to subdivision
~"'~ '~ .... ~ ..... * applications.
SECTION 13-99 Definitions and Rules of Construction
(c) As used in this Article, the following terms or words shall have the meaning given below:
Subdivision shall mean the division of a parcel of land into two or more
lots "~' ~ ,u~ · .......... u for the purpose of transfer
of ownership or building development, or, if the division or
allocation of land for the opening, widening or extension of
any street is involved in such division, any division of land,
the term includes resubdivision and, when appropriate to
the context, shall relate to the process of subdividing or to
the land subdivided. (Portion of this definition deleted
10/26/83).
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. Any new development for which the Town Land Development Official
has accepted for review a complete application for a final plat or final plan or minor subdivision
plat or preliminary plat or preliminary development plan prior to the effective date of this
ordinance shall be vested in the subdivision and land development regulations of the Town
effective at the time the aforementioned plat or plan was filed. Any redevelopment or new
construction, not proposed on the vested plat or plan shall be governed by the then current
subdivision and land development regulations of the Town.
SECTION IV. 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 subdivision and land development regulations.
SECTION V. This ordinance shall be in effect upon its passage.
PASSED this l0th day of August, 2004.
A EST: ,
lerkof Council
O:SLDRAM04-01
Kriste~n C. U~stattd, Mayor
Town of Leesburg