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Home My Public Portal About2020_05_26_R065 Application for Water and Sanitary Sewer Service Extension Approval to Tuscarora Crossing - Landbay 2The Town of Leesburg, Virginia RESOLUTION NO. 2020-065 PRESENTED: May26, 2020 ADOPTED: May26, 2020 ARESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER EXTENSIONS TO TUSCARORA CROSSING LAND BAY 2 WHEREAS, Capretti Land, Inc., on behalf of DMM Tuscarora LLC, (the "Applicant") requests approval of Town water and sanitary sewer extensions to Landbay 2, a portion of one (1) 35.65 acre parcel ofland (PIN: 191207875); PIN: 191207875 is part of the proposed development known as Tuscarora Crossing("Tuscarora Crossing"); and WHEREAS, the proposed development of Landbay 2 consists of 64 total residential lots ( 40 single family detached and 24 single family attached); and WHEREAS, Tuscarora Crossing is located outside the Town's corporate limits but within the Town's and County's Joint Land Management Area (JLMA); and WHEREAS, Landbay 2 is in the Lower Sycolin sewer shed and the Sycolin water pressure zone; and WHEREAS, the Town's Lower Sycolin pump station and forcemain have capacity and are available to serve Lower Sycolin sewer shed; and WHEREAS, the Town's Route 643 water main, booster station and storage tank have capacity and are available to serve the Sycolin water pressure zone; and WHEREAS, other existing and proposed Town water and sanitary sewer infrastructure are located within the vicinity of Tuscarora Crossing, Landbay 2; and WHEREAS, existing water and sanitary sewer pro-rata agreements under Town Code sections 34-30 and 34-128 identify Tuscarora Crossing as a benefitted parcel and/or a named property and therefore the Applicant is responsible for water and sewer pro-rata payments due under these agreements; and - 2 - A RESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER EXTENSIONS TO TUSCARORA CROSSING LAND BAY 2 WHEREAS, the Town Council adopted Resolution No. 2015-039; dated March 24, 2015, which designates the Tuscarora Crossing property as a benefitted parcel and assigns certain costs to the Tuscarora Crossing property for purposes of future pro-rata payments; and WHEREAS, the Town Council adopted Resolution No. 2005-172, dated November 8, 2005, which designates the Tuscarora Crossing property as a benefitted parcel and assigns certain costs to the Tuscarora Crossing property for purposes of future pro-rata payments; and WHEREAS, providing water and sanitary sewer service to the designated 64 residential units in Landbay 2 will not have any adverse effect on the Town's ability to provide planned service in other portions of the JLMA; and WHEREAS, the development of the proposed 64 residential units in Landbay 2 IS consistent with the land use approvals by Loudoun County; and WHEREAS, the development of the proposed 64 residential units in Landbay 2 IS consistent with the Town Plan; and WHEREAS, the Director of Utilities recommends approval of the extensions of Town water and sanitary sewer services for Tuscarora Crossing Landbay 2 so long as the conditions set forth in this Resolution are met by the Applicant. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I.· The extensions of municipal water and sanitary sewer services for Tuscarora Crossing Landbay 2 are approved in accordance with Sections 34-25 and 34-123 of the Town Code provided the Applicant satisfies the following conditions: 1. Water and sewer design and development of Tuscarora Crossing Landbay 2 shall not encroach upon the Town's existing water, reclaimed water and sanitary sewer easements located within the boundaries of Tuscarora Crossing Landbay 2. - 3 - A RESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER EXTENSIONS TO TUSCARORA CROSSING LANDBA Y 2 2. The Applicant shall pay the cost of constructing facilities and improvements needed to connect to the Town's water and sanitary sewer systems to serve the Landbay 2 area. 3. The Applicant shall pay all water and sewer connection, availability, sanitary sewer pro- rata share, water pro-rata share and any other applicable fees for water and sanitary sewer services prior to the issuance of any Building Permit issued by Loudoun County. 4. The average daily water demand and sanitary sewer flow from Tuscarora Crossing Landbay 2 shall not exceed 21,200 gallons per day (gpd) consisting of 40 single family detached units and 24 single family attached units. 5. Unless and until the Town Council approves a subsequent Resolution pursuant to Town Code Sections 34-25 and 34-123 for increased water demand and/or sanitary sewer flow capacities over and above the quantities set forth in this Resolution, the Town will not extend water or sewer service to areas within the 35.65 acre parcel ofland (PIN: 191207875) outside ofLandbay 2, nor will the Town extend water or sewer service within any other remaining portions or parcels of the 233.92 acre Tuscarora Crossing development (PINs: 191207875 150151774, 150456472, and 150479920). Nothing in the Resolution shall obligate the Town to provide water or sanitary sewer service to any area or property other than for the proposed 64 residential units in Landbay 2. 6. In the event that any proposed water and/or sanitary sewer utility plan design for Tuscarora Crossing Landbay 2, or any other portion of the Tuscarora Crossing property, exceeds the average daily water demand and sanitary sewer flow amounts set forth in paragraph 3 above, the Applicant shall submit such plan design to the Town for approval pursuant to Town Code Sections 34-29(g) and 34-127(g) prior to any implementation of such plan. Any additional water or sanitary sewer service provided to Landbay 2 or any other portion of the Tuscarora Crossing property shall be subject to the payment of connection, availability, sanitary sewer pro-rata, water pro-rata, and any other applicable fees for water and sanitary sewer service. 7. The Applicant shall pay the sewer pro rata share assigned to the Tuscarora Crossing property as a benefitted parcel in Resolution No. 2015-039 and as stated on the final PFP issued by the Town. 8. The Applicant shall pay the water pro-rata share assigned to the Tuscarora Crossing property as a benefitted parcel in Resolution No. 2005-172 and as stated on the final PFP issued by the Town. 9. Based on the extensions of Town water and sanitary sewer service to serve part of PIN: 191207875, the Town anticipates that the Landbay 2 portion of PIN: 191207875 will be incorporated into the Town boundaries in the future, either by Boundary Line Agreement or by Annexation as provided for in the Town Plan. 10. Nothing herein shall be deemed a "holding out" by the Town as the sole water and sanitary sewer provider outside its boundaries in this vicinity nor shall it operate as a commitment to provide such services to any party other than the Applicant or for any purpose other than the purposes stated herein. SECTION II. The Town shall not provide water and sewer service to the Tuscarora Crossing Landbay 2 until all conditions set forth in Section I above are met. - 4 - A RESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER EXTENSIONS TO TUSCARORA CROSSING LANDBA Y 2 SECTION III. The approval of extensions of water and sewer services and the accompanying conditions shall apply to any subsequent purchaser of the parcels listed in this Resolution, and/or successor or assignee of the Applicant, and this Resolution shall be recorded in the Loudoun County Circuit Court Land Records to ensure notice of the conditions to subsequent purchasers, successors or assignees of the Applicant. PASSED this 26th day of May, 2020. ATTEST: ~~'de,:; Clerk of Council LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0526 Application for Water and Sanitary Sewer Service Extension Approval to Tuscarora Crossing -Landbay 2 COMMONWEALTH OF VIRIGINIA, COUNTY OF LOUDOUN, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Kelly Burk, as Mayor of the Town of Leesburg, Virginia, whose name is signed to the foregoing Resolution, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this J.. ~ L~~ day of _~K_kl/l~>-------·' 2020. \ N otfilil5ublic My commission expires: ---~--'2--~_{_,_2--_L{_· _____ _ Registration Number: __ L_la_l_{_~-~-3~----- ~·''"""'"'''' "'''"' ~l\RIE s_''''''" flli,, .. ..!!!...~ •••••••••• ~:"' ~ J .. ··:Cly p;:··. ,_.._~~ t '~~,.,... v~,.-, ~ § !;? 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