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HomeMy Public PortalAbout1984_09_26_R161The Town of Leesburg in Virginia RESOLUTION NO. 84-161 PRESENTED ADOPTED September 26, 1984 September 26, 1984 A RESOLUTION: INITIATING AMENDMENT OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS WHEREAS, administrative responsibility for the Subdiv~ion and Land Develop- ment Regulations has been transferred from the Department of Engineering to the Assistant Manager for Planning and Development; and WHEREAS, amendment of the Leesburg Subdivision and Land Development Regulations is necessary to eliminate conflicts between the regulations and their administration: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. 13-60, 13-61, 13-77, 13-86, Amendments to Sections 13-55, 13-56, 13-57, 13-58, 13-59, 13-63.1, 13-64, 13-65, 13-66, 13-67, 13-68, 13-69, 13-70, 13-71, 13-88, 13-89, 13-90, 13-91, 13-93, 13-97 and 13-99 of Article IV, Subdivision and Land Development, Chapter 13 of the Town Code are initiated to read as follows: Section 13-55. Preapplication procedure. Prior to submission of a preliminary plat, the applicant should meet with the Di~ctv~ vf ~a~i~ezi~g ~,~d Com~ai~j Dev~iv~n~ Land Development Official to present a concept plan of the proposed subdivision and to participate in an informal conference regarding plans for development; however, representations concerning plans ~o not bind the Commission or the subdivider. Section 13-56. Filing of preliminary subdivision plat. Following the pre-application conference, the applicant shall submit a preliminary plat and application for approval of the proposed subdivision to the Direct~z ~f ~n~in==.i.m Land Development Official as set out below: (a) Three copies of an application for preliminary plat approval in a form approved by the ......... D ......... Emgin~zing Land Development Official shall be sub- mitted at least 21 days prior to the Commission meeting at which first con- sideration is desired. amend -2- INITIATING AMENDMENTS RE LAND DEVELOPMENT OFFICIAL (b) ~-~z~rr Twenty-two copies each of the preliminary plat shall be sub- mitted with the application. (c) The applicant shall pay the fee required for filing preliminary plats when the application is submitted. Sec. 13-57. Approval of preliminary subdivision plat. (a) The ~ g ........ f ~nginaaring Land Development Official shall review the application and preliminary plat of the proposed subdivision. One copy each of the plat shall be delivered to the Zoning Administrator, Director ~'~mpm~ff~En~ineerin~, Loudoun County Director of Health, Loudoun County Superintendent of Schools, L~udo~ oval ~,,d ,aL=, - Lvudo~,% Co~,~ty ~nmiaa~r, and the Leesburg Board of Architectural Review (when applicable) ~nd ti,= L~&burg Pir~ Ma~oL&I. Seven copies of each plat shall be delivered to the Loudoun County Department of Planning~Zoning and Community Development to be distributed as follows: Parks and Recreation (one copy); Loudoun County Engineer (one copy)~ Department of Natural Resources (two copies)~ Fire Marshal (one copy)~ Zonin~ (one copy)~ Plannin~ (one copy) and three copies shall be delivered to the Virginia Department of Highways and Transportation. The ~ Official shall report in writing corrections or additions deemed necessary by him and other officials or agencies interested in the application to the Commission and to the applicant prior to the Commission's first consideration of the application. The Commission shall act to approve, conditionally approve or disapprove the application and preliminary plat within 45 days from the date the application was first considered. (b) Approval of an application and preliminary plat shall be valid for one year from the date of Commission action and may be extended by the Commission upon application. The Commission may grant conditional approval of an application and preliminary plat if corrections or additions to the application or plat are needed and the applicant agrees to make the corrections or additions required by the Commission. Conditionally approved applications and plats are valid for one year from the date the applicant submits the required number of documents to the ........~~ ~ ~in~i~g Land Development Official with all correc- tions or additions made. The Di,=ctof of Eh~in~in~ Land Development Official shall return to the applicant one copy each of the Commission approved applica- tion and preliminary plat within 14 days of approval. (c) The Dir~ctu~ ~f E~min==,in~ Land Development Official shall return to the applicant one copy each of an application and preliminary plat which has been disapproved by the Commission noted with the reasons for the disapproval and non-conformance with th~s Article. The applicant shall be advised of the date for second or subsequent consideration by the Commission and shall submit additions or corrections to the application and plat to the ~ ~ Land Development Official at least seven days prior to the date specified. (d) Preliminary plat approval does not authorize construction of im- provements within the subdivision or development. amendl -3- INITIATING AHENDMENTS RE LAND DEVELOPMENT OFFICIAL Section 13-58. Filin~ of final subdivision plat. An application for approval of a final plat of a proposed subdivision shall be submitted to the ~iz4cto~ of ~ngin~azing Land Development Official as set out below: (a) Three copies of an application for final plat approval in a form as approved by the ~iz~to~ of ga~i~e~Li,,~ Land Development Official shall be sub- mitted at least 21 days prior to the Commission meeting at which first considera- tion is desired. (b) No change (c) No change (d) No change Section 13-59. Approval of final subdivision plat. The Di~c~v~ vf ~mi~Li~,m Land Development Official shall review the applica- tion, final plat and construction plans of the proposed subdivisions and shall report in writing corrections or additions deemed necessary by him or other officials or agencies interested in the application for compliance with this Article to the Commission, Council and applicant prior to the Commission's first consideration of the application. (a) The Commission shall act to approve, conditionally approve or dis- approve the application and final plat within ~ 60 days from the date the application was first ~a~i~d. received b~ the Land Development Official. The Commission may grant conditional approval of an application and final plat if corrections or additions thereto are needed and the applicant agrees to make the corrections or additions required by the Commission. Conditionally approved applications and final plats are approved when the applicant submits the required number of documents to the Di~ uf gu~i~c~i~ Land Development Official with all corrections or additions made. (b) No change (c) The ~i~Lo~ of gu~iu~in~ Land Development Official shall return to the applicant one copy each of the approved application, final plat and construction plans within 14 days of approval. The Di~o~ ~f gngin~i~,~ Land Development Official shall return to the applicant one copy each of an application and final plat which has been dis- approved by the Commission noted with the reasons for the disapproval and non- conformance with this Article. The applicant shall be advised of the date for a second or subsequent consideration which shall be within 35 days of the date the additions or corrections to the application and plat are submitted to the Di~c~ of ~gi~ia~ Land Development Official. amend2 -4- INITIATING AMENDMENTS RE DEVELOPMENT OFFICIAL Sec. 13-60. Recording of final subdivision plat. Delete Di~=~tur -~ ~ngineering; insert Land Development Official Sec. 13-61. Required contents of subdivision plats. Delete ~ .... ~ ........ u, Ensia=ering; insert Land Development Official. Sec. 13-63.1 Adjustment of Boundary Lines. Delete ~- .L __ = ~=~ o~ ~ngine~i~g; insert Land Development Official. Sec. 13-64. Land development} generally. Delete ~ .... ........ u~ ~ngineezin~; insert Land Development Official. Sec. 13-65. Preapplication procedure Delete,~=~o~'- -~ -- ~f Ea~ia==~ing and Commanity D=%=lo~ment; insert Land Development Official. Sec. 13-66. Filing of preliminary development plan. Delete Di~cctu~ uf ~a~in==~ia~; insert Land Development Official; delete F-i-f~z~-~: insert Twenty-two. Sec. 13-67. Approval of prelminary development plan. (a) The Di~=~Lu~ uf ~a~ia==~in~ Land Development Official shall review the application and prelminary plan of the proposed development. One copy each of the prelminary plan shall be delivered to the Zoning Administrator, ~ 6f Co~nity D=,=lopment Director of Engineering, Loudoun County Director of Health, Loudoun County Superintendent of Schools, L~J~,~ S~il o~d W~=~~,~ -- ................. L~do~,u Co~ty ~ngi~ and the Leesburg Board of Architectural Review (when applicable) ~,~d ti,= La6&b~zg ~= ........... ~,o~o,.o~. Seven copies of each plan shall be delivered to the Loudoun County Department of Planning and Community Development to be distributed as .follows: Parks and Recreation (one copy)~ Loudoun County Engineer (one copy); Department of Natural Resources (two copies); Fire Marshal (one copy); Zoning (one copy); Planning (one copy) and three copies to the Virginia Department of Highways and Transportation. He shall report in writing corrections or additions deemed necessary by him and other officials or agencies interested in the application to the Commission and to the applicant prior to the Commission's first con- sideration of the application. The Commission shall act to approve, con- ditionally approve or disapprove the application and prelminary plan within 45 days from the date the application was first considered. (b) Delete Directo~ ~f ~nmina6rin~; insert Land Development Official. (c) Delete Director of ~ngineering; insert Land Development Official. (d) No change amend3 -5- INITIATING AMENDMENTS RE LAND DEVELOPMENT OFFICIAL Sec. 13-68. Filin~ of final development plan. An application for approval of a final plan of a proposed development shall be submitted to the ":,~L=~LvL .... uf Engineering Land Development Official as set out below: (a) Delete,~-ector of ~ngineering; insert Land Development Official. (b) No change (c) No change (d) No change Sec. 13-69. Approval of final development plans. The DiL==~uL uf g,mi.==~in~ Land Development Official shall review the applica- tion and final plan of the proposed development and shall in writing report corrections or additions deemed necessary by him or other officials or agencies interested in the application for compliance with this Article to the Commission, Council and applicant prior to the Commission's first consideration of the application. (a) Delete Director ~f ~imeezimg; insert Land Development Official. (b) Delete Director uf ~ngimeering; insert Land Development Official. (c) Delete Director ~f Ra~iaeezin~; insert Land Development Official. The .......... ~gi~ee~i~ Land Development Official shall return to the applicant one copy each of an application and final plan which has been dis- approved by the Commission noted with the reasons for the disapproval and non- conformance with this Article. The applicant shall be advised of the date for a second or subsequent consideration which shall be within 35 days of the date the additions or corrections to the application and plan are submitted to the Di~ec~u~ of En~i~e=~i~ Land Development Official. Sec. 13-70. Required contents of preliminar~ development plans. Delete Director of ~mgineeri~g; insert Land Development Official. ,p_ec. 13-71. Required contents of final development plans. Delete Dir=~tv~ ~f En~iaeezin~; insert Land Development Official. Sec. 13-77. General. (a) Delete Di~=~to~ of Ea~ineering; insert Land Development Official. (b) No change amend4 -6- INITIATING AMENDMENTS RE LAND DEVELOPMENT OFFICIAL Sec. 13-86. Landscaping and Tree Cover. Delete Di~=~tv~ of En~i~=~rin~; insert Land Development Official. Sec. 13-88 Street Lights. Delete "~ ....... .......... ~ngineering; insert Land Development Official. Sec. 13-89. Diractor of Zngina~rinA Land Development Official. Delete Di~=ctor of Rnmin~arin~; insert Land Development Official. Sec. 13-90. Commission. Delete Dir=~tu~ uf En~i~,e=~in~; insert Land Development Official. Sec. 13-91. Variances. Delete Di~=cto~ ~f En~ine~zia~; insert Land Development Official. Sec. 13-93. Procedure for posting performance bond~ partial and complete release of performance bond. (a) Delete Di~t~ of En~in==rin~; insert Land Development Official. (b) (2) Delete Di~ctu~ of Engim==~i~; insert Land Development Official. Sec. 13-97. Required approvals of final plan and final plat. Delete Di~=~tu~ vf En~ia=arin&; insert Land Development Official. Sec. 13-99. Definitions and rules of construction. (c) as used in this article, the following terms or words shall have the meanings given below: "Land Development Official", shall mean the Town Manager or his designee. SECTION II. A public hearing at which persons affected or interested in the amendments proposed above may appear and present their views shall be held beginning at 7:30 p.m. or as soon thereafter as the matter may be reached,on October 24 , 1984, in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia. This hearing shall be a joint public hearing of both Planning Commission and Council, as provided in Section 15.1-431 of the Code of Virginia, as amended. The clerk shall give notice of this amend5 -7- INITIATING AMENDMENTS RE LAND DEVELOPMENT OFFICIAL hearing and the Council's intention to adopt the amendments on October 4 1984 and October 11 , 1984 and advise the Planning Commission of the purpose, time and date of the hearing. PASSED this 26th day of September ATTE ST Clerk of ~uncil , 1984, R[b~rt E. Serifa, Mayor Town of Leesburg amend6