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HomeMy Public PortalAbout2013_01_08_O005 Amending the SLDR for Crescent Design DistrictThe Town of Leesburg, Virginia PRESENTED: January 8, 2013 ORDINANCE NO. 2013 -0 -005 ADOPTED: January 8, 2013 AN ORDINANCE: TO AMEND LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS DIVISIONS 2,3 AND 5 TO ESTABLISH CONSISTENCY WITH THE CRESCENT DESIGN DISTRICT The Council of the Town of Leesburg in Virginia hereby ordains: SECTION I. That the Leesburg Subdivision and Land Development Regulations are hereby amended by the adoption of revisions to Divisions 2, 3 and 5 as set forth in Attachment 1 hereto. SECTION II. All prior ordinances in conflict herewith are hereby repealed. 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 Leesburg Subdivision and Land Development Regulations. SECTION IV. This ordinance shall be effective March 1, 2013. PASSED this 8th day of January, 2013. I Agst C. mstattd, Mayor Town of Leesburg � I P: \Ordinances\2013 \0108 Crescent Design District SLDR Amendments. doc SLDR AMENDMENTS Division 2 I Subdivision Division 2 1 Subdivision Sec. 2.01 Purpose and Intent The purpose of these Subdivision and Land Development Regulations is to ensure all types of construction drawings are designed to meet the minimum standards set forth by the applicable Town Codes and Ordinances to support and promote the health safety and welfare of the general public and to ensure the appropriate division of land within the Town of Leesburg. In particular, it is the intent of these Subdivision and Land Development Regulations to encourage the development of safe and attractive Public Improvements, residential neighborhoods and nonresidential developments; ensure the provision of safe and appropriate public street access between and among adjacent properties; ensure adequate provision for drainage and appropriate arrangements of buildings and parking areas on the site and with nearby properties; obtain public right -of -way, easements and other public land dedications, consistent with the Town Plan; maintain appropriate buffers between potentially incompatible uses; discourage development on steep slopes and in floodplains; and encourage preservation of historical, archeological, and/or natural significant features and landmarks. Sec. 2.02 General Criteria for `Review & Approval of Subdivisions The Director of Plan Review shall review and have the authority to approve preliminary plats and final plats, as defined by these Subdivision and Land Development Regulations. In approving such subdivisions, the Director of Plan Review shall be provided with suitable information in order to make a determination that the proposed plat provides; (a) For the minimum graphic and information requirements of these Subdivision and Land Development Regulations; (b) For the coordination of streets within and contiguous to the subdivision with other existing or planned streets within the general area as to location, widths, grades and drainage, including the coordination of such streets with existing or planned streets in existing or future adjacent or contiguous to adjacent subdivisions; (c) For adequate provisions for drainage and flood control and other public purposes, and for light and air, and for identifying soil characteristics; (d) For the extent to which and the manner in which streets shall be graded, paved, or otherwise improved and waterline and storm and sanitary sewer and other public utilities or other community facilities are to be installed; (e) For the acceptance of dedication for public use of any right -of -way within any subdivision or section thereof which has constructed or proposed to be constructed within the subdivision or section thereof any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvement dedicated for public use, and maintained by the Town, Commonwealth, or other public agency, and for the provision of other required site - related improvements for vehicular ingress and egress, including traffic signalization and control, for public access streets, structures necessary to ensure stability of critical slopes, and stormwater management facilities, financed or to be financed in whole or in part by private funds only if the owner or applicant provides a guarantee for said improvements in compliance with Sections 6.04 through 6.07 of these Subdivision and Land Development Regulations, Bonding of Required Improvements; ATTACHMENT 10 Subdivision and Land Development Regulations Division 2 1 Subdivision (f) For conveyance to the Town of common or shared easements for cable television and public service corporations furnishing cable television, gas, telephone, and electric service to the proposed subdivision; (g) For monuments of specific types to be installed establishing street and property lines; (h) For payment by an applicant of his pro rata share of the cost of providing reasonable and necessary water, sewerage and drainage facilities, located outside the property limits of the land owned or controlled by him but necessitated or required, at least in part, by the construction or improvement of his subdivision or development, as provided in Section 5.10 of these Subdivision and Land Development Regulations, Off -Site Improvements. (i) For voluntary funding by an applicant of road improvements located outside the property limits of the land owned or controlled by the applicant and needed because the construction or improvement of the subdivision substantially generates and reasonably requires such road improvements. Q) For payment by an applicant of a pro rata share of the cost of reasonable and necessary road improvements located outside the property limits of the land owned or controlled by the applicant but serving an area having related traffic needs to which such subdivision or development will contribute, as reimbursement to an initial applicant who has advanced such costs or constructed such road improvements, as provided in Section 5.10 of these Subdivision and Land Development Regulations, Pro Rata Road Reimbursement Districts. (k) For disclosure and remediation of contamination and other adverse environmental conditions of the property. In addition to the above informational requirements, the plat shall be reviewed for compliance with the design standards of these Subdivision and Land Development Regulations and Leesburg Design and Construction Standards Manual, latest edition. Sec. 2.03 Inactive Applications (a) An application shall be deemed inactive if processing is suspended by request of the applicant, or no contact or activity occurs in regards to the application by the applicant for a period of One (1) year sip— months from the date of the last formal written (consolidated) comment letter that was provided to the applicant by the Department of Plan Review. (b) The Director of Plan Review may, upon an applicant's written request accompanied by a plan reactivation fee, extend the resubmission date an additional One (1) year -S (6) rnrerrtlrs. (c) No more than (-5) Four 4 standard extension requests shall be granted during the complete review and approval process (first cycle submission through signature) of an application. Any projects deemed inactive either by not requesting an extension or by exceeding the permitted number of extensions will be deemed terminated, and the applicant must re -file a new application. (d) Comments issued fop finy applioatimi pFief to the adoption of this reYiSed-0Fd1---- 4 Town of Leesburg Division 2 1 Subdivision Sec. 2.16 Required Contents of FhW Subdivision Plats (a) Required Contents of Plats, Generally. (b) All preliminary and final plats shall provide all the facts necessary to show compliance with these Subdivision and Land Development Regulations. The 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 Leesburg Zoning Ordinance or the Subdivision and Land Development Regulations. Such waivers must be approved prior to submission of the plat. (Amended 08/12/08) Preliminary Plat Contents. Unless a waiver is approved, as authorized in paragraph (a) above, all applications for preliminary plat approval shall be accompanied by the following information: (1) General Information. ((a)) Name of the proposed subdivision, which shall not duplicate or closely resemble that of any existing subdivision in the Town. ((b)) Proposed use(s) of the property. ((c)) Names and addresses of owner(s) of record and applicant. ((d)) Names, addresses, signatures, and registrations of professionals preparing the plat. ((e)) Deed reference, Property Identification Number (PIN). ((f)) Date plat was drawn and dates of any revisions. ((g)) Vicinity map. ((h)) Existing zoning, including any proffers associated with the property. ((i)) Names and addresses of all adjoining property owners, including proof that all such property owners have been notified in writing by the applicant that the subject property is to be subdivided. Such notification shall be in a form approved by the Land Development Official. Notice sent by certified mail to the last known address of such owners as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement. ((j)) Proof of any approved special exceptions, variances or waivers necessary for the subdivision. ((k)) Include the following note on the plat: Preliminary plat approval is initially valid for a period of five (5) years, provided the applicant submits a final subdivision plat for all or a portion of the property within one (1) year of such approval and thereafter diligently pursues approval of the final subdivision plat. "Diligent pursuit of approval" means that the applicant has incurred extensive obligations or substantial expenses relating to the submitted final subdivision plat or modifications thereto. However, no sooner than three (3) years ATTACHMENT 10 Subdivision and Land Development Regulations 17 Division 31 Development Sec. 3.01 Land Development, Generally The purpose of these regulations is to ensure all types of construction drawings are designed to meet the minimum standards set forth by the applicable Town Codes and Ordinances to support and promote the health safety and welfare of the general public and to ensure the appropriate development of land and control of land disturbing activities within the Town of Leesburg. In particular, it is the intent of these regulations to encourage the development of safe, viable and attractive Public huprovennents, residential neighborhoods and nonresidential developments; ensure adequate provision for drainage and appropriate public street access between and among adjacent properties; ensure the provision of safe and appropriate arrangements of buildings and parking areas on the site and with nearby properties; obtain public right -of -way, easements and other public land dedications, consistent with the Town Plan; maintain appropriate buffers between potentially incompatible uses; discourage development on steep slopes and in floodplains; and avoid disturbance of historical, archeological, and/or natural significant features and landmarks. (Amended 08/10/04) Sec. 3.02 Inactive Applications (a) An application shall be deemed inactive if processing is suspended by request of the applicant, or no contact or activity occurs in regards to the application by the applicant for a period of One (1} year sii eNths from the date of the last formal written (consolidated) comment letter that was provided to the applicant by the Department of Plan Review. (b) The Director of Plan Review may, upon an applicant's written request accompanied by a plan reactivation fee, extend the resubmission date an additional mertt4s. (c) No more than (45) Four 4 standard extension requests shall be granted during tine complete review and approval process (first cycle submission through signature) of an application. Any projects deemed inactive either by not requesting an extension or by exceeding the permitted number of extensions will be deemed terminated, and the applicant must re -file a new application. (d) Goinitients issued ffiffaft" 114H.1-1 Sec. 3.03 Expiration of Approved Site Plans, Minor Site Plans, Mini Site Plans or Site Plan Waivers Construction of the improvements set forth in the approved Site Plan, Minor Site Plan, Mini Site Plan or Site Plan Waiver shall commence within Five (5) years from the date the approved Site Plan, Mitior Site Plan, Mini Site Plan or Site Plan Waiver is signed by the Director. Thereafter, if construction has not commenced, or if construction activity has been abandoned for ninety or more days, the Site Plan, Minor Site Plan, Mini Site Plan or Site Plan Waiver approval shall expire and become null and void, unless a written request for extension is received by the Director at least thirty days prior to such expiration or abandonment. ATTACHMENT 10 28 Town of Leesburg Division 5 1 Public Improvements Sec. 5.01 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 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 Public Works and secure all required permits in advance of construction. Inspection costs shall be paid by the applicant as provided in Section 1.04 of these Subdivision and Land Development Regulations. The installation of public improvements may not proceed until the Director of Public Works has been notified of the applicant's intention to proceed. The applicant, however, shall notify the Director of 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 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 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. Sec. 5.02 Floodplain Utility Installations General Policies (a) All utilities such as gas lines, electrical, telephone, and cable TV systems being placed in flood - prone areas should be installed to minimize the chance of impairment of both facilities and the flood zone during a flooding occurrence. (b) All water and sewer facilities (public and private) are to be designed and constructed to prevent infiltration of floodwaters and exfiltration of potable water and sewage. (c) All storm drainage facilities shall be designed to convey the flow of surface waters without damage to person or property. The system shall provide drainage away from buildings and on- site waste disposal sites. The Town may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. (d) Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage structures shall be required to sufficiently discharge flood flows without unduly increasing flood heights. Subdivision and Land Development Regulations 63 ATTACHMENT 10 Division 5 1 Public Improvements Sec. 5.08 Underground Utilities Required New electric, telephone, communication, and cable television service utility facilities shall be installed in accordance with the provisions of Article V, Chapter 30 of the Town Code. Sec. 5.05 Reimbursements Policy The improvements required by Sections 5.05 through 5.07 of these Subdivision and Land Development Regulations shall be designed and completed in accordance with required specifications including the standards of the Leesburg Design and Construction Standards Manual, latest edition and to such sizes and capacities as prescribed by master plans for waterworks, sewer works and storm drainage. Whenever public improvements required herein are installed to such size which is required for the benefit of property owners in addition to the applicant, the Town shall enter into agreements with the applicant to require reimbursement of the extra costs thereof to the applicant by the benefited property owners when such improvements are utilized by such property owners. Such agreements shall meet the requirements of the Leesburg Design and Construction Standards Manual, latest edition, in a form approved by the Town Attorney. Sec. 5.10 Off -Site Improvements (a) Pro Rata Share for Necessary Waterline, Sewerage and Drainage Facilities An applicant shall pay a pro rata share of the cost of providing reasonable and necessary waterline, sewerage, and drainage facilities, located outside the property limits of the land owned or controlled by him, but necessitated or required, at least in part, by the construction or improvement of this subdivision or development. Determination of the appropriate pro rata share shall be made in accordance with the Leesburg Design and Construction Standards manual, latest edition. Unless specified within the State Code or other approved State legislative action all Pro Rata Share contributions shall be paid at the time specified within the Town Council Resolution that created the specific Pro Rata Share District If no time period is specified by the State or by Council Resolution as to when the Pro Rata Share payment is to be made, it shall be paid in full prior to issuance of the first zoning permit associated with the property assigned a specific Pro Rata Share amount (b) Pro Rata Road Reimbursement Districts An applicant may be required to pay a proportionate, fair share of the cost of construction of certain reasonable and necessary public road improvements located outside the property limits of the land owned by him, which improvements have been constructed by an initial applicant and which serve an area having related traffic needs to which his subdivision or development will contribute. Such pro rata reimbursement payments shall be made as provided herein to an initial applicant by each subsequent applicant within an area having related traffic needs if such area has been designated by the Town Council as a Pro Rata Road Reimbursement District. 66 Town of Leesburg