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2011_11_15_O020 Amendments to Division 3 SLDRThe Town of Virginia ORDINANCE NO: 2011 -0 -020 PRESENTED: November 15, 2011 ADOPTED: November 15, 2011 AN ORDINANCE: TO REVISE DIVISION 3 - SECTIONS 3�8 and 3.09 OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS (SLDR) OF THE TOWN OF LEESBURG VIRGINIA, October 10, 1990, AS AMENDED; The Town Council of the Town of Leesburg, Virginia, ordains: SECTION I. That Division 3 - Sections 3.08 and 109 of the SUBDIVISION AND LAND DEVELOPMENT REGULATIONS (SLDR) OF THE TOWN OF LEESBURG, VIRGINIA, October 10, 1990, as amended, be and the same hereby is amended to read as follows: See Attachment 1: Division 3 - Sections 3.08 and 3.09 of Ithe SUBDIVISION AND LAND DEVELOPMENT REGULATIONS (SLDR� of THE TOWN OF LEESBURG, VIRGINIA, October 10, 1990, AS AMENDED. SECTION II. This Ordinance shall become effective undn the date and at the time of its final passage. SECTION III. Any Mini Site Plan application that now qualifies for a Site Plan Waiver -or- any Site Plan Waiver Application that no longer requires an official I Land Development Application, submitted between June 30, 2011 and adoption of this Ordinance Town fees paid as applicable. SECTION IV. If any provision of this Ordinance is not affect the validity of the Ordinance as a whole or any PASSED this 15" day of November, 2011. Town of AT S Clerk of Coun P: \Ordinances\2011 \1 115 TLOA 2011 -0006 Text Amendments to the SLDR.doc be refunded any difference in invalid, the decision shall provisions of the Ordinance. Mayor Division 3 1 Development (1) New Construction or Re- construction of Public Facilities and / or Residential, Commercial, Retail, Office, Industrial or Institutional uses with less than 7,500 square feet of gross floor area that do not require the approval of VDOT, FEMA, The Virginia Health Department and /or other State or Federal agencies and where the Applicant can verify to the Director that the bonded value of the proposed public facilities is less than $100,000; or (3) Development or land disturbing activities where a,county building permit is not required, public facilities are not required or proposed but where the land disturbing (grading) activities involve more than 5,000 square feet of disturbance (including but not limited to parking lots, rough grading plans, grading of open areas for the sole purpose of bringing the land to a grade compatible with the surrounding area, etc.); or (4) Expansion of existing structures within Residential, Commercial, Retail, Office, Industrial or Institutional uses with less than 7,500 square feet of gross floor area proposed and where the Applicant can verify to the Director that the bonded value of the proposed public facilities is less than $100,000 and does not require the approval of VDOT, FEMA, The Virginia Health Department and /or other State or Federal agencies. Approval of any Minor Site Plan within the Historic District (H -1 and /or H -2) does not relieve the Applicant from obtaining all required approvals from the Board of Architectural Review (BAR). Further, any approvals granted by the BAR do not relieve the 'Applicant from obtaining all required Minor Site Plan approvals. Sec. 3.08 Mini Site Plan (a) This Section shall apply to certain types of development and land disturbing activities not requiring a Final Site Plan or Minor Site Plan as defined in (b) below. Public improvements and such rights -of -way and easement dedications required by this Division shall be completed by the applicant. No zoning permit shall be issued by the Zoning Administrator and no water or sewer extension permit shall be issued by the Town Manager for any development unless the requirements of this Division are met. (b) "By- Right" Development and Land Disturbing Activities with the following features are governed by this Division: (1) Overlot Grading plans for up to two Residential lots of record associated with a previously approved set of Construction Drawings that currently has an active public improvements bond associated with it and does not require the approval of VDOT, FEMA, The Virginia Health Department and /or other State or Federal agencies; or (2) Overlot Grading plans for up to two Residential lots of record not associated with a previously approved set of Construction Drawings where the Applicant can verify to the Director that the bonded value of the proposed public facilities is less than $50,000 and does not require the approval of VDOT, FEMA, The Virginia Health Department and /or other State or Federal agencies; or 28 Town of Leesburg Division 3 1 Development (3) New Construction or Re- construction of Public Facilities and ' ^r- Resident Commercial, Retail, Office, Industrial or Institutional uses or accessory uses permitted by the Zoning Ordinance betweeH 151 squaize feet a up to 3,500 square feet of gross floor area that do not require the approval of VDOT, FEMA, The Virginia Health Department and /or other State or Federal agencies and where the Applicant can verify to the Director that the bonded value of the proposed public facilities is less than $50,000; or (4) Development or land disturbing activities where a county building permit is not required, public facilities are not required or proposed but where the land disturbing (grading) activities involves more than 1000 square feet up to 5,000 square feet of disturbance (including but not Limited to new parking lots, redesigning existing parking lots or placing g hard surface on existing Grassed or 2raveled parking areas, rough grading plans, grading of open areas for the sole purpose of bringing the land to a grade compatible with the surrounding area, etc.); or (5) Expansion of existing structures within Residential, Commercial, Retail, Office, Industrial or Institutional uses or accessory uses permitted by the Zoning Ordinance up to 3,500 square feet of gross floor area proposed and where the Applicant can verify to the Director that the bonded value of the proposed public facilities is less than $50,000 and does not require the approval of VDOT, FEMA, The Virginia Health Department and /or other State or Federal agencies. (6) Any maintenance to Hot Spots such as re- paving, hank replacements, addition of or replacement of oil water separators, etc. Other categories noted above shall apply to any other new infrastructure, buildings, building additions, public improvements, etc. related to Hot Spot properties. Houses. (c) A Final Site Plan or Minor Site Plan application, as the case may be, will be required in accordance with the criteria set forth in sections 3.06 and 3.07 if all conditions and restrictions set forth in this section cannot be met. Approval of any Mini Site Plan within the Historic District (H -1 and /or H -2) does not relieve the Applicant from obtaining all required approvals from the Board of Architectural Review (BAR). Further, any approvals granted by the BAR do not relieve the Applicant from obtaining all required Mini Site Plan approvals. Sec. 3.09 Site Plan Waiver (a) The following land development applications shall not be subject to the Final Site Plan or Minor Site Plan or Mini Site Plan process and can be processed as a Site Plan Waiver: (1.) In- ground swimming pools; (2.) 250 square feet to 4—,0 0 5,000 square feet of land disturbance on existing "Residential" lots of record for uses such as but not limited to patios, hot tub, reali ►nment of or improvements to existing driyeways, terracing or re- grading Subdivision and Land Development Regulations 29 Division 31 Development of yards, and other types of improvements where a Site Plan Waiver plan is deemed necessary by the Director ete. (3.) Expansion of existing structures (excluding elevated structures such as but not limited to decks & porches) on existing; "Residential" lots of record, as permitted by the Zoning Ordinance, for additions with a building footprint over 200 square feet. (4.) trade). (b) Prior to submission of a Site Plan Waiver Application the applicant shall meet with the Director to discuss the proposed improvements to determine if the plan will need to be (C) V with public utilities or public facilities. (e)(d) A land development application for the Site Plan Waiver shall be submitted to 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. If applicable, the application shall be referred to the Zoning Administrator for review. (d)JeJ Unless the Director determines otherwise, the plan shall be sealed by a licensed Virginia Professional Engineer, Surveyor, Architect, or Landscape Architect and include the following information, unless 4-4-, the Director determines such information is not necessary for the review and approval of the plan and that not providing the information will in no way adversely affect any public improvements or adjoining properties: (L) Existing topography with 2 -foot contour intervals; (2.) Property boundaries with dimensions; (3.) Proposed topography with 2 -foot contour intervals and applicable spot shots; (4.) All existing on -site easements; (5.) Setbacks of existing and proposed buildings to each property line; (6.) Existing drainage structures and drainage divides; (7.) Existing facilities, such as buildings, driveways, and fences; (8.) Storm, water and sanitary sewer profiles as applicable; (9.) Stormwater management and BMP controls, if applicable; and (10.) Proposed improvements (11.) 'The Applicant shall verify to the Director th#t the bonded value of any associated proposed public facilities is less than $50,000 and the proposed improvements do not require the approval of YDOT, FEMA, The Virginia Health Department and /or other State or Federal agencies. (e4CtJ A Final Site Plan or Minor Site Plan or Mini Site Plan application, as the case may be, will be required in accordance with the criteria set forth in sections 3.06 and 3.07 and 3.08 respectively if all conditions and restrictions set forth in this section cannot be met. 30 Town of Leesburg