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HomeMy Public PortalAbout1979_09_12_R125 TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA RESOLUTION NO. 79-125 A RESOLUTION: PRESENTEDSept~ 12, 1979 ADOPTED Sept. 12, 1979 ADOPTING MINIMUM STANDARDS FOR CONSTRUCTION AND MAINTENANCE OF ENTRANCES TO TOWN STREETS. WHEREAS, Section 16-3 of the Town Code requires a permit before any entrance is constructed to the town streets; and WHEREAS, standards are needed for the issuance or denial of permit applici- cations: THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. The manual of "Minimum Standards of Entrances to State Highways, Virginia Department of Highways and Transportation, Traffic and Safety Division, 1979", is adopted and shall apply within the town except as revised herein and except as incompatible or inconsistent with ordinances orregulations of the town. SECTION II. The following regulations shall apply within the town in lieu of the "general rules and regulations" for entrances found on pages 9, 10 and 11 of the manual: Section 1. Definitions: When used in these Rules and Regulations, (a) COUNCIL means the Leesburg Town Council. (b) MANAGER means the Leesburg Town Manager. (c) TOWN means the Town of Leesburg in Virginia. (d) DEPARTMENT means the Town Department of Engineering. (e) STREET shall mean "streets" as defined in Sec. 1-2 of the Town Code. Section 2. No work of any nature shall be performed on any real property under the ownership, control or jurisdiction of the Town until written permission is first obtained from the Manager. Written permission, under this section, is granted by way of permit except that the letting of a contract by and between the Town and any other party grants to the party an automatic permit within the area under contract, unless otherwiSe provided in the contract. -2- Section 3. All permits, except as hereinafter provided, must be in writing and signed by the person duly authorized by the Manager. Except as hereinafter provided, application for all permits shall be made through the Director of Engineering. Section 4. A permit may be denied any applicant and all permits issued by the Manager may be revoked whenever in the opinion of the Manager safety, use, or maintenance of the street so requires. Section 5. No zoning permit shall be issued until the applicant has complied with the restrictions, specifications, and fee requirements of the Town Code and the Manual of Minimum Entrance Standards to State Highways, when applicable. Section 6. Permit holders shall at all times indemnify and save harm- less the Town and its employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in in such permit. Section 7. Any structure placed upon or within a street shall be re- located or removed whenever ordered by the Manager. Such relocation or re- moval shall be accomplished at no expense to the Town unless the Council agrees otherwise. Section 8. No person, firm, or corporation shall use or occupy any street for any purpose except travel thereon except as may be authorized by the Manager or as provided by law. Section 9. No person, firm, or corporation shall without the consent of the Manager remove, injure, destroy, break, deface, or in any way tamper with any property, real or personal, which is growing or has been placed on any street within the Town. Section 10. No person, firm, or corporation may cause water from any source to flow upon any street nor shall any person, firm, or corporation cause any increase of the water at present lawfully on any street or concen- trate the flow of water upon any street in the Town without the written consent of the Manager. Section 11. No entrance of any nature shall be made, built, or con- structed upon any street within the Town until the location has been determined by the Manager to be acceptable from a public safety standpoint and all other requirements of these regulations are met. The design and construction of entrances approved by the Manager shall comply with this resolution and the Manual of Minimum Entrance Standards to State Highways. Section 12. If any object or objects are placed on, above, or under any street in violation of these regulations and the owner, after ten days notice, refuses to remove the object or objects, the Manager may cause same to be removed at owner's expense. This shall not be interpreted to prevent -3- the Manager from immediately removing any object or objects which in his opinion must be removed for public safety, use, or maintenance of any street within the Town. Removal in this instance shall also be at owner's expense. SECTION III. Ail applications for permits shall be made through the Director of Engineering on forms provided for that purpose by the Director of Engineering. The applicant shall submit plans for proposed installations in sufficient time to permit the Director of Engineering to review them and make any necessary studies. The plans shall include detailed information concerning the proposed work on the street. Complete information concerning the location of the work, the type pavement, the roadway geometrics and other facts about the street shall be included. Ail permits shall be issued to the owner of the adjoining property. SECTION IV. Application fora permit to provide entrances to large commercial and industrial sites and other businesses which will generate considerable volumes of traffic and therefore causes a major impact on the road network need special evaluation. Among these are trucking terminals, large shopping centers (more than 15,000 square feet of floor space) and large industrial sites. Applications for permits for entrances to these types of development shall be reviewed by the Director of Engineering and forwarded with his comments and recommendations to the Council for final approval. SECTION V. The Manager shall not issue any permit for construction of any street entrance within a street which in his opinion will constitute an undue safety hazard. In determining whether or not a proposed entrance would be an undue safety hazard, the Manager shall consider the following: (a) The extent of sight distance obstruction by topography or structures in the vicinity of the entrance. (b) The transportation plan element of the Comprehensive Plan. (c) The proximity of intersecting streets and other driveway connections. (d) The length of off-set from driveway or street connections on the opposite side of the street from the proposed entrance. (e) Other traffic conditions. -4- SECTION VI. The Town is responsible for maintenance of that portion of entrances within the normal shoulder of streets without curbs and gutters. The property owner is responsible for maintenance of the remainder of the entrance. In streets with curbs and gutters and sidewalks, the Town is responsible for main- tenance of the entrances to the back edge of the sidewalk. PASSED this 12th day of September , 1979. Attest: Clerk of Cou{~ffl - Kenketh B. Rollins, Mayor Town of Leesburg