HomeMy Public PortalAbout2008_08_12_O21 - Amending the SDLR, 2, 3, 5, 6
The Town of
Leesburg,
Virginia
ORDINANCE NO. 2008-0-21
PRESENTED: August 12.2008
ADOPTED: August 12.2008
AN ORDINANCE: AMENDING THE SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS FOR DIVISION 2 SUBDIVISION; DIVISION 3
DEVELOPMENT; DIVISION 5 REQUIRED INSTALLATION
OF PUBLIC IMPROVEMENTS; DIVISION 6
ADMINISRTATION AND ENFORCEMENT; AND DIVISION 7
GLOSSARY
The Town Council of Leesburg, Virginia, ordains:
SECTION I. That the following sections of the Subdivision and Land
Development Regulations of the Town of Leesburg, Virginia, 2007, as amended, are and
the same is hereby amended to read as follows:
Division 2: Subdivision
1. 13-55.1 General Criteria for Review & Approval of Subdivisions
The Leesburg Planning Commission shall review and have the authority to approve preliminary
plats and the LaRd DevelopmeRt Offieial Chief of Plan Review shall review and have the
authority to approve final plats, as defined by these Subdivision and Land Development
Regulations. In approving such subdivisions, the Planning Commission and Laad DeveloflmeRt
Offieial Chief of Plan Review shall be provided with suitable information in order to make a
determination that the proposed plat provides . . .
2. 13-55. 2 Boundary Line Adjustments and Vacations
This section pertains to property boundaries, not corporate limit line boundaries
The Land Developmeet Offieial Chief of Plan Review may approve the vacation 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 this ordinance, if such vacation or alteration shall not result in the creation of
additional buildable lots and shaH 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 or 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 lOAA.E of the zoning ordinance). The plat
approving the boundary line adjustment or vacation shaH be in a form approved by the LaRd
DeyelopmeRt Offieial Chief of Plan Review and shaH in addition to the approval signatures of the
Laad De';elopmeRt Offieial Chief of Plan Review and Zoning Administrator and seal and
signature of a certified land surveyor contain a statement as follows: "The platting or dedication
of the following described land (here insert a correct description of the land subdivided) is with
the free consent and in accordance with the desire of the undersigned owners, proprietors, and
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SUBDIVISION AND LAND DEVELOPMENT REGULATIONS
trustees, if any." The statement shall be signed and duly acknowledged before an officer
authorized to acknowledge deeds. The applicant shall record the boundary line adjustment or
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.
3. 13-55.3 Pre-Application Conference Requirement
Prior to submitting an application for preliminary subdivision plat approval, the applicant shall
meet with representatives of beth the PlassiRg aea ERgiseerisg DepartHlests Department of Plan
Review to review a sketch plan of the proposed subdivision. Representatives of the PlaRRisg aRd
Esgiseerisg DepartHlests Department of Plan Review may require up to ten (10) working days
from the date ofthe applicant's initial request to schedule the pre-application conference.
4. Sec. 13-56 Filing of Preliminary Subdivision Plat
Prior to submitting an application for preliminary subdivision plat approval, the applicant shall
meet with representatives of beth the Plll8Risg ana Esgiseeriag DeflartHleRts Department of Plan
Review to review a sketch plan of the proposed subdivision. Representatives of the Plannieg asd
ERgiaeerisg DepartmeRts Department of Plan Review may require up to ten (10) working days
from the date of the applicant's initial request to schedule the pre-application conference.
(a) A completed application form for preliminary plat approval, in a form approved by the
Laea Develepmeat Offieial Director of Plan Review.
(b) At least five (5) copies of the proposed preliminary plat. Additional copies of the plat
may be required by the LaRd Developmest Offieial Director of Plan Review, when
necessary due to the number of agencies involved in the review ofthe application.
(c) The application fee required for filing the preliminary plat.
(d) A request for approval of street names, in a form approved by the Lasa De','elopmeat
Offieial Director of Plan Review. The proposed street names shall not duplicate existing
or platted names unless the new street is a continuation of an existing or platted street.
5. Sec. 13-57 Review and Approval of Preliminary Subdivision Plat
(a) Review for Completeness and Technical Accuracy.
The Land Deyelopmellt Official Director of Plan Review shall conduct an initial
review of the application and preliminary plat of the proposed subdivision for
completeness and technical accuracy. Within 10 working days of application
submittal, the LlHld Deyelopment Offieial Director of Plan Review shall notify the
applicant as to whether the plat has been accepted or rejected based on significant
deficiencies in the proposed preliminary plat application. Applications for
preliminary plat approval, which are deemed incomplete shall not be accepted
until the deficiencies have been properly addressed.
(b) Referral of Application to Review Agencies.
Upon acceptance of a complete application, the LaRa Dl:welapmeat Offieial Director of
Plan Review shall request 20 copies of the complete application from the applicant and,
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upon receipt, shall forward the plat and related information to the following review
agencies:
(I) Department of ERgieeerieg aRa P1:lalie Works Plan Review
(2) ZORiRg '^1amiftistflltor Department of Utilities
(3) Department of Public Works Transportation Engineer
(4) Loudoun_County Fire Plan ReviewerlInspector
(5) Loudoun County Office of Mapping & Geographic Information
(6) Applicable utility companies
(7) Loudoun County School Board
(8) Virginia Department of Transportation, when such application affects a road
maintained by the Commonwealth of Virginia
(9) Any other Federal, State, Town or County agency which may have cause to
review the application
If state agency approval of a feature or features of the preliminary plat is necessary, the
Llmd DeveleflmeRt Offieial Director of Plan Review shall forward the preliminary plat to
the appropriate state agency or agencies for review within 10 business days of receipt of
the complete application.
(c) Detailed Staff Review of Application
The Lima DeveloflmeBt Offieial Director of Plan Review shall coordinate the review by
referral agencies and compile their comments. The offieial director shall report in writing
those corrections or additions deemed necessary by him and other officials or agencies
interested in the application to the Commission as soon as the comments are available.
6. Sec. 13-58 Review and Approval of Construction Drawings: Submission
of Final Plat Application
Upon approval of a preliminary subdivision plat, the applicant is authorized to submit the
application and fees for final plat approval, as well as the construction drawings for the public
improvements necessary for the recordation of such lots. The final plat shall be reviewed and
approved in compliance with the procedures of Section 13-60 of these Subdivision and Land
Development Regulations. The construction drawings shall be reviewed and approved in
compliance with the requirements of this section and the Leesburg Design and Construction
Standards Manual, latest edition. Plats and construction drawings may be submitted for either the
entire property, which received preliminary plat approval, or for individual sections within the
subdivision plat, unless a modification in the phasing is approved by the LaRd De'/eloflmeRt
Offieial aaa the Director of.ERgiReeriRg aRa P1:lalie '.varks Plan Review. Each section for which
construction drawings are submitted shall satisfY the required specifications of the Town of
Leesburg. The drawings shall include all information and details required by these Subdivision
and Land Development Regulations and the Leesburg Design and Construction Standards
Manual, latest edition.
(a) Initial Review of Construction Drawings for Completeness and Technical Accuracy.
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An application and fee for approval of construction drawings shall be filed with the baOO
De',elOflmeBt Omeial Director of Plan Review, along with a minimum of six (6) sets of
the construction drawings. Additional sets of the construction drawings may be required
by the Director of Eagiaeeriag aRa Publie Works Plan Review, if necessary for the
review. The LaRa Develoflmeat Offieial aRa the Director of Eagiaeeriag aRd Puslic
Wefks Plan Review shall complete an initial review of the construction drawings for
completeness and technical accuracy.
(b) Review of Construction Drawings.
Upon acceptance of a complete set of construction drawings, the Laea De'/eloflmeat
Official Director of Plan Review shall request additional copies of the complete plans
and, upon receipt, shall forward the plans to the Direetor ef Eagiaeeriag aaa Puslio
Werks and any other applicable referral agencies for review and comment. The Director
of Eftgieeerieg aad_Puslie Werks Plan Review shall review the construction drawings to
make certain that said drawings comply with the most recent version of the Leesburg
Design and Construction Standards Manual, latest edition. In reviewing such
construction drawings, the Director of Eagi8eeriag aaa Puslie Works Plan Review shall
consider the general criteria established below.
( I ) '.vater Systems.
Coaaeetioas to the TowR of Leessurg '.vater S1:lflply shall se required, ia
aaeordaaae '.vith Seetiea 19 1 ef the To''va Coae. Puslie water systems shall be
desigaea aRa eoestruetea ia eomflliaftee ',yitfi the "Leessurg Water aRa Sewer
Master Phm", latest editioa aad the Leessurg Desiga B.8d Ceastructieft StlHldards
Maaual, latest editiea, aed may Bead to se "oyersized", as flT€lyided ia Seetioa
13 84 ef these Susdi',isiea aRd LaRd Develeflmeat ReguIatiefts aRd the Leesbl:lrg
Desiga aad Coastruetiea StandaFds MaRual, latest editieft.
(2) Saaitary Sewer Systems.
Coefteatioas te the Te'N8 ef Leesbl:lrg saaitary sewer system shall be reql:lired,
pursuaat to Seetiea 15 4 ef tfie T e'N8 Code. Puslic slHlitary se'.ver systems shall
be desigaed aRa eeastruetea in aemflliaaee with tfie "Leessurg Water aea Se'Ner
Master Plaa", latest editiea aRa Leessurg Desiga aRd COflstruatiea Stanaards
Maaual, latest eaitioe.
(6) Coordination ofGthef Public Improvements.
The Direator ef Engiaeeri8g aad Puslia '.Yorks Director of Plan Review shall
review the construction drawings to ensure that all utilities are installed
underground in accordance with Section 13-83 of these Subdivision and Land
Development Regulations, and further that all utilities are suitably located, so as
not to interfere with other public improvements.
fJ1 Water Systems.
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SUBDIVISION AND LAND DEVELOPMENT REGULA nONS
Connections to the Town of Leesburg water supply shall be required. in
accordance with Section 19-1 of the Town Code. Public water systems
shall be designed and constructed in compliance with the "Leesburg
Water and Sewer Master Plan", latest edition and the Leesburg Design
and Construction Standards Manual. latest edition, and may need to be
"oversized". as provided in Section 13-84 of these Subdivision and Land
Development Regulations and the Leesburg Design and Construction
Standards Manual. latest edition. The proposed water system must be
approved by the Director of Utilities
(41 Sanitary Sewer Systems.
Connections to the Town of Leesburg sanitary sewer system shall be
required. pursuant to Section 15-4 of the Town Code. Public sanitary
sewer systems shall be designed and constructed in compliance with the
"Leesburg Water and Sewer Master Plan", latest edition and Leesburg
Design and Construction Standards Manual. latest edition. The proposed
sanitary sewer system must be approved by the Director of Utilities.
(8) Implications for Maintenance of Improvements.
The Director ofERgiHeeriHg arul P1:lelie 'Horks Plan Review, in coordination with
the Director of Utilities and the Director of Public Works. shall review
construction drawings to make certain that the proposed improvements can be
properly and reasonably maintained. Easements shall be of appropriate size to
facilitate the maintenance and repair of all public improvements.
(c) Director of EHgiReeriHg aDd P1:lblie Works Plan Review and the Director of Utilities
Action on Construction Drawings.
If state agency approval of a feature or features of the construction drawings is necessary,
the Director of ERgiReerieg aHe P1:lelie 'Narks Plan Review shall forward the construction
drawings to the appropriate state agency or agencies for review within 10 business days
of receipt of the complete application.
If the construction drawings have been submitted to a state agency or agencies for
review, the state agency or agencies shall complete the review within 45 days of receipt
of the construction drawings. After receipt of approvals from all state agencies that have
reviewed such construction drawings, the Director ofERgiReeriRg aDd P1:lelie Works Plan
Review shall act upon such construction drawings within 35 days. However, in no event
shall the Director of ERgiReeriRg aae P1:lelie '}.Tarks Plan Review be required to approve
construction drawings in less than 60 days from the date of original submission of the
complete application.
If state agency review of the construction drawings is not necessary, within 60 days of the
acceptance of the construction drawings the Director of EftgifteeriHg aRe P1:lblie Works
Plan Review shall review the drawings, as well as comments from all review agencies,
and take action on the construction drawings. The Director of ERgiReeriRg aRe P1:lelie
Wefks Plan Review may approve or disapprove the construction drawings. This review
period may be extended by mutual agreement of the applicant and the Director of
EagiReeriHg and P1:lelie Works Plan Review. The applicant's agreement shall be
signified in writing.
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The Director of Utilities shall be responsible to take action as listed above for the portion
of the construction drawings associated with public water and sanitary sewer service.
(d) Review of Re-submitted Construction Drawings.
If the construction drawings are not approved, the Director of BegiHeeriHg aHa PUBlic
Wer=ks Plan Review shall notify the applicant in writing that the plans are disapproved
and specify the deficiencies in the construction drawings. The applicant may resubmit
revised construction drawings indicating how all deficiencies have been corrected. The
Director of BHgiHeerieg ana PUB lie Werks Plan Review shall review and act upon the
revised drawings that modify and correct any deficiencies within 45 days of acceptance
of the resubmitted drawings and any applicable resubmission fee.
The Director of Utilities shall take action on the portion of the resubmitted construction
drawings associated with public water and sanitary sewer in the same manner as listed
above.
7. Sec. 13-59 Review and Approval of Rough Grading Plans
Upon acceptance of the construction drawings for detailed review by the Director of EHgiHeeriHg
aHa PUB lie Works Plan Review, the applicant may request zoning clearance for rough grading
operations. Rough grading plan approval shall include a plan, which meets the requirements of
the Leesburg Design and Construction Standards Manual, latest edition.
The Director ofBHgiHeeriHg ana Pub lie Works Plan Review shall review the rough grading plan
and issue a Rough Grading Permit. For the purposes of these Subdivision and Land Development
Regulations, "rough grading" shall be limited to clearing trees, grubbing of roots, cut but not fill
for roadways and overlot grading.
8. Sec. 13-60 Review and Approval of Final Subdivision Plat
Upon approval of construction drawings, the applicant shall submit a final version of the final plat
reflecting all modifications necessitated by the approved construction drawings. The final plat
and application shall contain all information required by these Subdivision and Land
Development Regulations.
(b) Submission of Final Subdivision Plat.
An application for approval of a final plat of a proposed subdivision shall be submitted to
the LllHd Deyelef)mellt Offieial Director of Plan Review and shall include the following:
(1) An application for final plat approval in a form approved by the Lana Develol3meRt
Offieial Director of Plan Review.
(2) Five (5) copies of the proposed final plat. (Amended 4/9/96)
(3) The fee for final plat approval.
( 4) Any agreements guaranteeing the installation of public improvements, as shown on
the approved construction drawings.
(c) Review for Completeness and Technical Accuracy.
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The Lana Development Offieial Director of Plan Review shall review the plat for
compliance with the approved preliminary plat, approved construction drawings, the
Zoning ordinance and all applicable provisions of this ordinance. The applicant shall,
within 15 working days of the submission of the final version of the record plat, be
notified as to whether the final plat has been accepted or rejected, based on whether or
not deficiencies have been corrected.
(d) Laea Development Omeial Director of Plan Review Review and Action on Final Plat.
If a final plat is submitted prior to the approval of the construction drawings the final plat
will be reviewed concurrently with the review of the construction drawings and the I:,aftEI
Deyelopmeat Offieial Director of Plan Review shall take action to approve or disapprove
the final plat within 60 days of the time the final plat is accepted. If a final plat is
submitted after approval of the construction drawings the LaBa Development Offieial
Director of Plan Review shall take action within ten (10) working days of acceptance of
the final plat. If the final plat is disapproved, the Lana Development Offieial Director of
Plan Review shall notify the applicant, in writing, stating the reasons for the disapproval
and indicating the modifications or corrections necessary for approval of the final plat.
The applicant may resubmit the final plat, indicating how the deficiencies have been
corrected. If a disapproved final plat is resubmitted with modifications and corrections,
the LaBa Developmeat Offieial Director of Plan Review shall act on the plat within 45
days after it has been accepted.
(Amended 4/9/96)
9. Sec. 13-61 Recordation of Final Plat
The applicant shall file or record the approved final plat with the Clerk of Circuit Court of
Loudoun County within six (6) months of the date of final approval by the Land Developmeat
Offieial Director of Plan Review and shall also furnish the Lana Develepment Offieial with the
following:
(a) Proof of recordation of the final plat, in a fonn approved by the Lana De';elo13meat
Omeial Director of Plan Review; and
(b) Six prints and one reproducible copy of the executed final plat, and three copies and the
original of the associated deed. The applicant shall also submit one copy of the final plat
to the Loudoun County Commissioner of Revenue. If the applicant fails to file or record
the final plat and provide the copies as required above, final plat approval shall be
withdrawn by the Lana De';elo13meat Offieial Director of Plan Review and the applicant
shall be notified that the final plat has been marked "void" and subdivision has been
vacated.
10. Sec. 13-62 Required Contents of Subdivision Plats
(a) Required Contents of Plats, Generally.
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SUBDIVISION AND LAND DEVELOPMENT REGULA nONS
All preliminary and final plats shall provide all the facts necessary to show compliance
with these Subdivision and Land Development Regulations. The LaRa Develepment
Offieial Director of Plan Review shall have the authority to waive certain submittal
requirements for plats, if it is determined such information is not necessary for the review
and approval of the plat and that not providing the information will in no way affect any
public improvements, adversely affect adjoining properties, or conflict with any other
requirements of the Zoning Ordinance or the Subdivision and Land Development
Regulations. Such waivers must be approved prior to submission of the plat.
(c) Final Plat Contents.
Unless a waiver is approved, as authorized in Section 13-62(a) herein, all applications for
final plat approval shall be accompanied by the following information:
(5) Other Information.
((b)) A signature line for the LaRd Development Offieial Director of Plan
Review to certify that the proposed lots comply with the Subdivision and
Land Development Regulations.
Division 3: Development
11. Sec. 13-64.3 Site Plan Waiver
W A land development application for the Site Plan Waiver shall be submitted to the
Land Development Offieial the Department of Plan Review and be accompanied by
the required fee, a statement describing the proposed use, and four (4) copies of the
plan. The application shall be referred to the Zoning Administrator and t8e
Department of Engineering & Pl:lblie Works for review.
12. Sec. 13-65 Preapplication Procedure
Prior to submission of a Final Site Plan or a Minor Site Plan, the applicant should meet with the
LaRa Development Offieial Director of Plan Review to present a concept plan of the proposed
development and to participate in an informal conference regarding plans for development;
however, representations concerning plans do not bind the Town or applicant.
13. Sec. 13-66 Filing of Final Site Plan
(d) Before consideration of Final Site Plan approval by the LaRd DevelopmeRt Offieial
Director of Plan Review, the applicant shall execute an agreement in a form approved by
the Town Attorney for compliance with this Division and installation of required
improvements within two (2) years after Final Site Plan approval unless such period is
extended by the Town Council and shall:
(Amended 4/9/96)
(I) Have installed all improvements required by this Division in accordance with
construction plans approved by the Director of ERgiBeering aRa Pl:lblie ',v0Tks
Plan Review in accordance with Section 13-67 and certify to the Town Council
that construction costs have been paid to the person constructing such
improvements; or
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(2) Furnish a certified check payable to the Town of Leesburg in the amount of the
estimated cost of construction, as determined by the Director of Engiaeering aad
PHelie Works Plan Review, which sum shall be returned by the Town only upon
completion, approval and acceptance of the improvements in strict conformity
with the approved Final Site Plans; or
(3) Furnish a bond by a surety company or other guarantee satisfactory to the Town
Council in an amount sufficient to cover the estimated costs of construction as
determined by the Director of Eagieeeriag liRa PHelie Works Plan Review and
conditioned upon the construction of the required improvements in strict
conformity with the approved Final Site Plans.
14. Sec. 13-67 Approval of Final Site Plans
(b) Referral of an Application to Review Agencies.
Upon acceptance of a complete application the Laaa Developmeat Offieial Director of
Plan Review shall request additional copies of the complete application from the
applicant and, upon receipt, shall forward the plan and related information to the
following review agencies as necessary.
(I) Department of PlliRniag, Zoaiag IiRd Deyeloflmeat Plan Review
(2) DeflartmeRt of Eagiaeering IiRd PHblie 'Horks Department of Public Works
Transportation Engineer
(3) Department of Utilities
(4) Loudoun County Fire Plan Reviewer/Inspector
(5) Loudoun County Erosion and Sediment Control Program Manager (6)
Applicable utility companies
(7) Virginia Department of Transportation, when such application affects a road
maintained by the Commonwealth of Virginia
(8) Any other Federal, State, Town or County agency, which may have cause to
review the application.
(c) Detailed Staff Review of Application.
The Land Deyeloflment Offieial Director of Plan Review 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.
(d) Laad Develoflment Offieial Director of Plan Review/Director of Eagiaeering aad Pl:lblie
Wefks Utilities Action.
If the Final Site Plan has been submitted to a state agency or agencies for review, the
state agency or agencies shall complete the review within 45 days of receipt of the Final
Site Plan. After receipt of approvals from all state agencies that have reviewed such plan,
the Laaa De'lelopmeRt Offieial Director of Plan Review shall act upon such final site
plan within 35 days. However, in no event shall the LaRa Deve1E)flmeRt Offieial Director
of Plan Review be required to approve a Final Site Plan in less than 60 days from the date
of original submission of the complete application.
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If the Final Site Plan has not been submitted to a state agency or agencies for review, the
LaRd Developffi6Rt Offieial Director of Plan Review shall act on the application within
sixty (60) days of receipt of the complete application for review. The Director of
ERgiaeeriRg aRa Pl:lhlie Warks Utilities shall take action on the associated construction
drawings for public water and sanitary sewer service within this same time frame. 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 his disapproval. The Director of
ERgiReeriRg aaa Pl:lhlie Works Plan Review shall notify the applicant of such disapproval
of the associated construction drawings in the same manner. If a Final Site Plan
and/or the associated construction drawings are disapproved, the applicant may resubmit
a complete application that has been modified and corrected, and the Laad Developm6Rt
Offieial Director of Plan Review and Director of ERgiReeriRg aRd Pl:lblie Works Utilities
shall have forty-five (45) days from receipt of such Final Site Plan and/or the associated
construction drawings to act.
15. Sec. 13-68 Filing of Minor Site Plan
(d) Before consideration of Minor Site Plan approval by the Laaa De'/elopffieRt Offieial
Director of Plan Review, the applicant shall execute an agreement in a form approved by
the Town Attorney for compliance with this Division and installation of required
improvements within two (2) years after final approval of the Minor Site Plan unless such
period is extended by the Town and shall:
(I) Have installed all improvements required by this Division in accordance with the
Minor Site Plan approved by the Director ofERgieeeriag aRa Puhlie Works Plan
Review in accordance with Section 13-69 and certify to the Town Council that
construction costs have been paid to the person constructing such improvements;
or
(2) Furnish a certified check payable to the Town of Leesburg in the amount of the
estimated cost of construction, as determined by the Director of ERgiReeriag afld
Pub lie Works Plan Review, which sum shall be returned by the Town only upon
completion, approval and acceptance of the improvements in strict conformity
with the approved Minor Site Plan; or
ill Furnish a bond by a surety company or other guarantee satisfactory to the Town
Council in an amount sufficient to cover the estimated costs of construction as
determined by the Director of ERgiReeriRg afld Pl:lhlie Works Plan Review and
conditioned upon the construction of the required improvements in strict
conformity with the approved Minor Site Plan.
16. Sec. 13-69 Approval of Minor Site Plans
(a) Review for Completeness and Technical Accuracy.
The Lana De','elo}'JmeRt Offieial Director of Plan Review shall conduct an initial review
of the application and Minor Site Plan for completeness and technical accuracy. Within
ten (IO) working days of application submittal, the Laaa Devel0}'JffieRt Offieial Director
of Plan Review shall notify the applicant as to whether the plan has been accepted or
rejected based on significant deficiencies in the proposed Minor Site Plan application.
Applications for Minor Site Plan approval which are deemed incomplete shall not be
accepted until deficiencies have been properly addressed.
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(b) Referral of an Application to Review Agencies.
Upon acceptance of a complete application the Land Development Official shall request
additional copies of the complete application from the applicant and, upon receipt, shall
forward the plan and related information to the following review agencies as necessary.
(1) Department of PIlH'..BiRg, ZaRieg aRa DevelaflmeRt Plan Review
(2) DeflartmeRt afERgiReeriRg &Ba Pl:lblie Work
(c) Detailed Staff Review of Application.
The Land DeyeloflmeRt Offieial Director of Plan Review 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.
(d) LaRa DeyelopmeRt Offieial Director of Plan ReviewIDirector of EegiReeriRg aRa Pl:lblie
Wefks Utilities Action.
The L&Ba DevehlflmeRt Offieial Director of Plan Review shall act on the application
within sixty (60) days of receipt of the complete application for review. The Director of
ERgiReeriRg &Ba Pl:lhlie Works Utilities shall take action on the associated construction
drawings for public water and sanitary sewer service within this same time frame. If the
plan is disapproved, the L&Ba DevelaflmeBt Offieial Director of Plan Review shall notify
the applicant of such disapproval and shall set forth in writing the reasons for his
disapproval. The Director of ERgiReeriRg aRa Pl:lhlie Warks Utilities shall notify the
applicant of such disapproval of the associated construction drawings in the same
manner. If a Minor Site Plan and/or the associated construction drawings are
disapproved, the applicant may resubmit a complete application that has been modified
and corrected, and the LaRa Deveh)flmeRt Offieial Director of Plan Review and Director
of EagiReeriRg and Pl:lhlie Works Utilities shall have forty-five (45) days from receipt of
such Minor Site Plan and/or the associated construction drawings to act.
Division 5: Required Installation of Public Improvements
17. Sec. 13-77 General
(a) Required specifications for design and construction of public improvements shall be
included in the Leesburg Design and Construction Standards Manual, latest edition and
shall be available for reference in the office of the LaRa De'lelopmeRt Offieial Director of
Plan Review.
(b) Installation of public improvements required by this Division shall be carried out under
Town inspection. The applicant shall submit necessary construction details, shop
drawings, and cut and fill construction sheets for approval to the Director of ERgiaeeriRg
aa4-Public Works and secure all required permits in advance of construction. Inspection
costs shall be paid by the applicant as provided in Section 13-54. The installation of
public improvements may not proceed until the Director of ERgiReeriag &Bd Public
Works has been notified of the applicant's intention to proceed. The applicant, however,
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shall notify the Director of Engineering and Public Works at least 24 hours in advance of
carrying out the required public improvement. Failure of the applicant to do so may be
interpreted by the Town as a lack of readiness on the part of the applicant. The applicant
shall notify the Director of Eegineering aAd Public Works of the time and date he will be
available for inspection, and failure to keep such an appointment or failure to have work
for which inspection was requested completed, shall make the applicant liable for a re-
inspection fee. The applicant shall be notified in writing by the Director of Engineeriag
afld Public Works or his agent no later than 72 hours after each inspection of the results
of that inspection; however, such notice does not constitute final approval for acceptance
of public improvements.
18. Sec. 13-78 Streets, Street Curb, and Gutter
(b) Streets and street curb and gutter shall be completed in accordance with the plans and
profiles prepared for the subdivision or development by a registered professional
engineer or a licensed 3(b) land surveyor and approved by the Direetor of ERgiReering
ana PHslie Wertes Land Development Official as meeting the required specifications for
streets and street curb and gutter.
19. Sec. 13-79 Sidewalk
(b) Sidewalks shall be completed in accordance with the plans and profiles prepared for the
subdivision or development by a registered professional engineer of a licensed 3(b) land
surveyor and approved by the Director ofEAgineeriRg aHe PHslie Wertes Plan Review as
meeting the required specifications for sidewalks.
20. Sec. 13-80 Water Supply
(a) The applicant shall install a water system for the subdivision or development in
conformance with the Leesburg Design and Construction Standards Manual, latest
edition. A complete water main system shall be connected to a water supply, which is
approved by the Director of EegiReering aRe PHblie Works Utilities and as necessary by
the Virginia Department of Health.
(b) The water system and all service lines and appurtenances except the water meter shall be
completed in accordance with the plans and profiles prepared for the subdivision or
development by a registered professional engineer or licensed 3(b) land surveyor and
approved by the Director of ERgieeerieg and Publie Works Utilities as meeting the
required specifications for water systems; provided, however, a licensed 3(b) land
surveyor may not design pressure hydraulic systems.
21. Sec. 13-81 Sanitary Sewers
(b) Sanitary sewers shall be designed and completed in accordance with the Leesburg Design
and Construction Standards Manual, latest edition and the plans and profiles prepared for
the applicant by a registered professional engineer or a licensed 3(b) land surveyor and
approved by the Director of ERgieeering aRe PHblie '.VarIes Utilities as meeting the
required specifications for sanitary sewer improvements. However, a licensed 3(b) land
surveyor may not design pressure hydraulic systems.
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22. Sec. 13-82 Storm Drainage; Erosion and Sedimentation Control; Flood
Zone Management and Control
(a) Provision for disposition of storm, subsurface and surface water with on-site and off-site
underground facilities to carry such waters to the nearest overland stream approved by
the Director ofERgiHeering aHa Puslie Wedes Plan Review shall be made as follows:
(d) Storm drainage and erosion and sedimentation controls shall be completed in accordance
with plans and profiles prepared for the applicant by a registered professional engineer or
a licensed 3(b) land surveyor and approved by the Direetor of EHgiHeering aHd PubliC)
Weffis Land Development Official. However, a licensed 3(b) land surveyor may not
design pressure hydraulic systems.
23. Sec. 13-85 Off-Site Improvements
(b) Pro Rata Road Reimbursement Districts
D. Initiation of Pro Rata Road Reimbursement Districts.
A Pro Rata Road Reimbursement District may be initiated pursuant to this
Section either by motion of the Town Council or by the filing of a petition with
the Director, DeflartmeHt of EegiHeering and Public Works and a copy with the
Director, DeflartmeBt of PlaHRiag and Zoning of Plan Review and the Director
of Planning and Zoning by an applicant who has constructed substantial public
road improvements under permits issued after January 1, 2006, which serve an
area having related traffic needs. If initiated by motion of the Town Council, the
initial applicant who would receive the pro rata road reimbursement payments
should a district be adopted shall provide staff with the Submission Requirements
contained in subsection F.
G. Calculation of pro rata road reimbursement payments.
(h) Cost of Construction of Public Road Improvements.
(I) The cost of construction of public road improvements for which pro
rata reimbursement may be required shall mean the cost of construction
of such improvements as such costs were represented by the petitioner to
the Director of EHgieeeriHg ana Public Works at the time petitioner
sought approval of the public improvement bonds and agreements
required prior to the construction of such public road improvements. The
sum total of such costs as reflected on the submitted Surety Value
Estimates shall be increased by a factor of fifteen percent (15 %) in order
to cover related costs, including, but not limited to, a proportionate cost
of engineering expenses. Costs of construction shall also include
petitioner's cost of acquiring real property interests from others, which
real property interests are necessary in order to construct the public road
improvements and the dedication of which does not result in the grant of
advanced density credit to the petitioner. The foregoing costs shall be
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adjusted annually from the date of approval of the public improvement
bonds and agreements to incorporate the lesser of the following amounts:
1. Payment of pro rata road reimbursements.
(g) In order to be entitled to continue to receive pro rata road reimbursement
payments, the initial applicant must give written notice by certified mail to the
Directors of the Department of Engiaeering &Ad Public Works and the
Department of Planning and Zoning of any change in his mailing or street
addresses from the date of adoption of the District. If the initial applicant has
designated an agent for the purposes of receiving pro rata road reimbursement
payments and signing notarized certifications pursuant to paragraph (b) above,
then either the agent or the initial applicant must give such written notice of any
change in the mailing or street addresses of the agent from the date of adoption of
the District. Failure to give the written notice as required herein within thirty (30)
days of such change may cause the initial applicant to forfeit pro rata road
reimbursement payments collected or due after such change.
24. Sec. 13-86 Landscaping and Tree Cover
(b) Street trees and other plant materials may be planted within public ways and places in
accordance with plans approved by the LaRa Development Offieial Director of Plan
Review to meet required specifications for landscaping in the Leesburg Design and
Construction Standards manual, latest edition and the Leesburg Zoning Ordinance.
25. Sec. 13-88 Street Lights
(b) Street lights shall be completed in accordance with plans prepared for the applicant and
approved by the Director of Eagineering aRd Publie Works Plan Review and meeting the
standards for street lighting contained within the Leesburg Design and Construction
Standards Manual, latest edition and the Leesburg Zoning Ordinance.
Division 6: Administration and Enforcement
26. Sec. 13-89 Lan" De'Jelopment Official Director of Plan Review
(a) The LaRd Development Offieial Director of Plan Review shall make and enforce
reasonable rules and regulations necessary and appropriate for the administration of this
Article and file such rules and regulations with the Clerk of Council.
(b) The Laad Development Offieial Director of Plan Review shall have the responsibility of
acting on behalf of the Commission in making determinations that a particular applicant
has or has not complied with the requirements of this Article and shall perform the
following functions:
(1) Establish that all the requirements of this Article have been fully met by the
applicant.
(2) Make certain inspection of improvements with proposed subdivisions and
developments maintaining a vigil on the quality of the improvements and the
adherence of the applicant's work to the timetables specified in this Article.
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(3) Distribute copies of all plans and plats to appropriate officials and agencies for
their study and review comments.
(4) Determine instances of non-compliance with this Article on the basis of an
interpretation of this Article and review comments of officials and agencies to
whom review copies of the plan and plat were sent.
(5) Make recommendations in writing for action to the Commission on all
preliminary subdivision plats, certifying those which are in full compliance with
the provisions of this Article. (Amended 8/10/04)
(6) Review final subdivision plats and site plans, check that the final plat is in
accordance with the preliminary plat, check that the final site plan is in
accordance with this Article and such standards for design and construction as
Council may adopt, determine that the requirements of this Article have been
met, and either approve or disapprove the final plat or plan.
(Amended 4/9/96)
(7) Issue orders for compliance to applicants including orders to discontinue work in
instances of non-compliance with this Article.
27. Sec. 13-90 Commission
The Commission shall:
(a) Review the preliminary plat submitted by an applicant and either approve or disapprove
the preliminary plat. (Amended 8/10/04)
(b) Evaluate the recommendation of the LaRd Developmeat Offieial Director of Plan Review
relative to subdivision applications.
(Amended 8/1 0/04)
(c) Make recommendations to the Council concerning the need for, and type of,
amendments to this Article.
28. Sec. 13-91 Variation
(c) In deciding an application for variation, the Planning Commission shall be guided by its
findings with regard to the preceding test, together with the following items and any other
such pertinent information as is necessary for the Commission to make its findings:
(I) The construction drawing reflecting the requested variation is approved by the
Director of ERgiReeriag aRd Pub lie Works Plan Review;
(f) Applications for variation may be made by any applicant. Once the application has been
determined to be complete by the LaRa Develof>HleRt Offieial Director of Plan Review,
the application and accompanying maps, plans or other information shall be transmitted
promptly to the Commission for consideration and action. The LaRa DevelepmeRt
Offieial Director of Plan Review shall also transmit a copy of the application to the Town
Council.
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29. Sec. 13-92 Bonding of Required Improvements
(a) The purpose of the bonding process is to obtain guarantees acceptable to the Town
insuring the timely and proper installation of required development and subdivision
improvements. Bonds shall be posted to guarantee the installation of improvements for
all developments described below:
(2) All other improvements required by the Zoning Ordinance and Subdivision and
Land Development Regulations and also as specified in Section 15.2-2241.5 of
the Code of Virginia, as amended and as determined by the Land DevelopmeRt
Offieial Director of Plan Review.
30. Sec. 13-93 Procedure for Establishing a Bond Agreement
(a) To establish a bond agreement with the Town of Leesburg the following forms shall be
executed:
(1) Performance Agreement
(2) Estimate of improvements
(3) Bond guarantee, as described in Section 13-94
(4) Water Extension Permit, if applicable
(5) Sanitary Sewer Extension Permit, if applicable
The bond agreement forms must be filed with the Director of EagiaeeriRg and Public
Works. The Town Attorney shall review the bond agreement forms and provide the
Director of Eagiaeeriag and Public Works with a recommendation.
(b) Any improvement in a proposed subdivision or development may be bonded in sections
provided that these sections are indicated on the approved subdivision or development
plans and the Director of Eagiaeerieg aRe Public Works has found that provisions have
been made to insure that these improvements can be enjoyed without undue risk to public
safety. Improvements such as temporary cul-de-sacs and traffic barricades will be
included in the estimate of improvements. Where possible, sections shall begin and
terminate at street intersections or other logical points.
31. Sec. 13-94 Bond Guarantee
(b) The following bond guarantees are acceptable provided they are consistent with the
regulations below:
(2) Irrevocable letters of credit from financial institutions are acceptable provided
they are approved by the Town Attorney and the following conditions are met:
((c)) The financial institution must notify the Director of EagiaeeriRg aad
Public Works in writing at least one month in advance of any
cancellation including normal expiration of term. Failure to do so will
automatically extend the letter of credit for an additional three months.
32. Sec. 13-95 Extensions and Reduction of Performance Bonds
(a) Performance agreements may be extended for one year periods or less. Any request
for extension shall be accompanied by an estimate of the remaining work and a
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timetable for the completion of the improvements. Upon recommendation of the
Director ofEHgieeering aad Public Works, Council shall act within 30 days of any
written request to extend a performance agreement.
(b) The amount of bonded improvements may be reduced by action of the Town
Council. Upon recommendation of the Director of EHgiHeeriHg aHa Public Works,
the Council shall act within 30 days of the receipt of any written request for a bond
reduction. If any deficiencies in completed improvements remain, the Director of
EHgineering afld Public Works shall transmit a list of the deficiencies to the applicant
within 30 days of the reduction request. Council shall act or respond within thirty
days of any request for an extension or reduction of a performance bond.
33. Sec. 13-97 Acceptance of Improvements and Release of Performance
Agreement
(a) Within their authority as described in section 13-92, the Town Council or Town Manager
shall accept public improvements installed by an applicant which meet the following
conditions:
(4) All final inspections required by this Article have been completed by the Town
and the bonded improvements were found to be acceptable by the Director of
EHgiHeeriHg and Public Works.
34. Sec. 13-98 Required Approvals of Final Site Plan and Final Plat
The following approvals shall accompany or be shown on a final site plan, minor site plan, or
final plat and shall be necessary for its approval:
(c) Laad Devolopmeat Offieial Director of Plan Review and Zoning Administrator approval
of the final site plan, minor site plan, and final plat.
(d) Direetor of EHgifteeriHg aaa Publie Works Director of Utilities approval of the
construction drawings for public water and sanitary sewer service associated with the
final site plan, minor site plan and final plat.
Division 7: Glossary
35. Sec. 13-99 Definitions and Rules of Construction
(c) As used in this Article, the following terms or words shall have the meaning given below:
Land Development An appointed Town official who serves as the Director of
Offisial Director of Plan PlaaniHg, ZOfliHg aad DenlopmeHt Plan Review, charged with
Review the interpretation, administration, and enforcement of this
Article for Leesburg, Virginia, or his/her designee.
SECTION II.. All prior ordinances in conflict herewith are hereby repealed.
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SECTION III. Severability. If a court of competent jurisdiction declares any
provision of this ordinance invalid, 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 and shall apply
after the effective date..
PASSED this 12th day of August 2008.
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Town of Leesburg
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