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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 -2- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG 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, -3- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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. -4- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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. -5- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG 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. -6- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULA nONS 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. -7- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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. -8- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG 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 -9- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS (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. -10- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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. -11- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS (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, -12- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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. -13- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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 -14- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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. -15- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS (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. -16- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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 -17- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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. -18- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 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. ~~~ Town of Leesburg ATTEST: