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HomeMy Public PortalAbout1986_02_12_R025 The Town ofLeesburgin Virginia PRESENTED February 12~ 1986 RESOLUTION NO. 86-25 ADOPTED February 12, ~986 A RESOLUTION: INITIATING AMENDMENTS OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING BONDING REQUIREMENTS WHEREAS, Sections 13-92 through 13-98 of the Subdivision and Land Development Regulations regulate the bonding of required improvements in subdivisions and developments; and WHEREAS, the Town Council has found it necessary to amend those regulations to clarify and strengthen bonding requirements; and WHEREAS, The Town Council desires to broaden the applicability of guarantees to include proffered improvements as part of zoning map amend- ments and applications to the Board of Zoning Appeals: THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows: SECTION I. Amendments to Chapter 13, Article IV, Division 6 of the Town Code, titled, "Administration and Enforcement" are initiated to read as follows: DIVISION 6. ADMINISTRATION AND ENFORCEMENT Sec. 13-89. Land Development Official. (a) The Land Development Official shall make and enforce reasonable rules and regulations necessary and appropriate for the administration of this Article and file such rules and regulations with the Clerk of Council. (b) The Land Development Official shall have the responsibility of acting on behalf of the Commission in making determinations that a particular sub- divider or developer ha~ or has not complied with the requirements of this Article and shall perform the following functions: (1) Establish that all the requirements of Divisions 2,3,4,5 and 6 have been fully met by the subdivider or developer. BONDING LEGISLATION (2) Make certain inspections of improvements with proposed subdivi- sions and developments maintaining a vigil on the quality of the improve- ments and the adherence of the subdivider or developer's work to the time- tables specified in this Article. (3) Distribute copies of the preliminary plan and plat to appropriate officials and agencies for their study and review comments. (4) Determine instances of non-compliance with this Article on the basis of an interpretation of this Article and review comments of officials and agencies to whom review copies of the preliminary plan and plat were sent, (5) Make recommendations in writing for action to the Commission on all preliminary and final subdivision plats and development plans, cer- tifying those which are in full compliance with the provisions of this Article. (6) Receive, review, file, forward, and maintain records of prelimi- nary and final subdivision plats and development application forms and other required submissions under the terms of this Article. (7) Issue orders for compliance to subdividers and developers includ- ing orders to discontinue work in instances of non-compliance with this Article and recommend to the Manager the initiation of legal proceedings as necessary to secure compliance with the Article. Sec. 13-90. Commission. The Commission shall: (a) Review the preliminary plat and plan submitted by a subdivi.der or deve- loper and either approve, conditionally approve or disapprove the preliminary plat or plan. (b) Evaluate the recommendation of the Land Development Official relative to subdivision and development applications. (c) Review the final plat or plan submitted by the subdivider or deve- loper, check that the final plat is in accordance with the preliminary plat, check that the final plan is in accordance with this Article and suc'h standards for design and construction as Council may adopt, determine that the require- ments of Divisions 2,3,4,5 and 6 have been met, and either approve, conditional- ly approve or disapprove the final plat or plan. (d) Make recommendations to the Council relative to the approval of con- tracts for public improvements to be contained within the particular subdivision or development. (e) Make recommendations to the Council concerning the need for, and type of, amendments to this Article. BONDING LEGISLATION Sec. 13-91. Variances. (a) The Commission may authorize upon appeal or original application in specific cases such variance from the terms of this Article as will not be con- trary to the public interest, when, owing to special conditions a literal en- forcement of the provisions will result in unnecessary hardship; provided that the spirit of the Article shall be observed and substantial justice done as follows: When a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this Article or where by reason of exceptional topographic conditions or other extraordianry situation or condition of such piece of property, or of the use of development of property immediately adjacent thereto, the strict application of the terms of this Article would effectively prohibit or unreasonably restrict the subdivision or development of the property or where the Commission is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this Article. (b) No such variance shall be authorized by the Commission unless it finds that the strict application of the Article would produce undue hardship and that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the vicinity will not be changed by the granting of the variance. (c) No variance shall be authorized unless the Commission finds that the condition or situation of the property concerned is not of so general or re- curring a nature as to make reasonably practicable the formualtion of a general regulation to be a~opted as an amendment of this Article. (d) In authorizing a variance the Commission may impose such conditions regarding the location, character and other features of the proposed subdivision or development as it may deem necessary in the public interest, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. (e) Applications for variances may be made by any property owner, tenant or town officer. Such application shall be made to the Land Development Official in accordance with rules adopted by the Commission. The application and accompanying maps, plans or other information shall be transmitted promptly to the Secretary of the Commission who shall place the matter on the docket to be acted upon by the Commission. The Official shall also transmit a copy of the application to the Council. BONDING LEGISLATION 4 Sec. 13 ~79__2. Required approvals of final plan and final plat. The following approvals shall accompany or be shown on a final plat and shall be necessary for its approval. (a) Certification by a registered surveyor that the final plat is correct. (b) Certification by a registered engineer or a licensed 3(b) land surveyor that the final plan has been prepared in accordance with the requirements of thia Article. (c) Land Development Official approval of the final plan and final plat. (d) Commission approval of the final plan and final plat. (e) Town Attorney approval of the final plat. (f) Agreement for public improvements'authorized by Council and. one of the requirements of Sec. 13-58(d) and Sec. 13-68(d) completed. Sec.13-93. BondinK of Required Improvements (a) The purpose of the bondinK process is to obtain Kuarantees acceptable to the Town insuring the timely and proper installation, of re- quired development and subdivision improvements. Bonds shall be posted to guarantee the installation of improvements for all developments described below. (1) Ail improvements described in Section 15.4-466(f) of the Code of Virginia, as amended~ that will be accepted for public use and public maintenance by the Town of Leesburg. (2) Ail other improvements required by the Zoning Ordinance and Subdivision and Land Development Regulations and also specified in Section 14.1-466(f) of the Code of Virginia, as amended and as determined by the Land Development Official. (3) Improvements proffered as part of any zoning map amendment application and required by the Zoning Administrator in accordancm with Section 15.1-491.3 of the Code of Virginia, as amended. (4) Improvements offered as part of any variance or special exception application or required by the Board of ZoninE Appeals in accordance with Sections 15.1-495(a)(3) and (f) of the Code of Virginia~ as amended. (b) Ail improvements proffered during the rezoning process shall bm bonded at the time the first development plan or subdivision plat is approved. BONDING LEGISLATION (c) These bonding procedures shall not apply to the following developments: (1) Developments that only require the installation of entrances to public streets. All such improvements shall be guaranteed through the issuance of a right-of-way permit. (d) The Town Council shall have the authority to: (1) Review and approve~ disapprove and modify performance agree- ments. (2) Accept public improvements which have been installed in accordance with final plans; subject to the requirements of Section 13-97. (3) Release subdividers and developers from obligations under contracts for installation of public improvements and release perform- ance bonds posted to guarantee such contracts as described in Section 13-97. Section 13-94. Procedure for establishing a bond agreement. (a) To establish a bond agreement with the Town of Leesburg the following forms shall be executed: (1) Performance Agreement (2) Estimate of improvements (3) Bond guarantee~ as described in Section 13-94 (4) Water Extension Permit, if applicable (5) Sewer Extension Permit, if applicable The bond agreement forms must be filed with the Land Development Official at least ten days prior to the Council meeting at which first consideration is desired. The Director of Engineering shall provide the Town Council with a recommendation in regards to the estin~ted cost of the bonded improvements. The Town Attorney shall review the bond agreement document and provide the Town Council with a recommendation. (b) Any improvement in a proposed subdivision or development may be bonded in sections provided that these sections are indicated on the approved subdivision or development plans and the Director of Engineering has found that provisions have been made to insure that these improvements can be enjoyed without undue risk to public safety. Improvements such as temporary cul-de-sacs and traffic barricades will be included in the estimate of improvements. Where possible~ sections shall begin and termin- ate at street intersections or other logical points. Section 13-95. Bond Guarantee. (a) The purpose of the bond guarantee is to provide the Town with a source of funds to complete the required improvements if the developer is in default of the performance agreement as described in Section 13-96. BONDING LEGISLATION 6 (b) The following bond guarantees are acceptable provided they are consistent with the regulations below: (1) Cash escrow may be posted to guarantee any performance agreement. The funds on deposit shall bear an interest rate of seven percent per annum. Interest will be available to the Town in the case of default or breach of the performance agreement. If the improvements are successfully completed this interest shall be refunded to the developer. (2) Irrevocable letters of credit from financial institutions are acceptable provided they are approved by the Town Attorney and the following conditions are met: ((a)) Ail letters of credit shall conform to the letter of credit form provided by the Town or be approved by the Town Attorney. ((b)) Letters of credit shall extend at least three months beyond the expiration date of the performance agree- ment. ((c)) The financial institution must notify the Land Develop- ment Official in writing at least one month in advance of any cancellation including normal expiration of term. Failure to do so will automatically extend the'~tter of credit for an additional three months. ((d)) The financial institution issuing the letter of credit shall be insured by the Federal Depository Insurance Corporation and be chartered in the State of Virginia or shall have a designated agent in Virginia. Corporate surety bonds are an acceptable method of guaranteeing performance agreements provided the following conditions are met: ((a)) All corporate surety bonds shall conform to the form provided by the Town. ((b)) Bonds shall be furnished by an insurance company licensed to transact fidelity and surety insurance in Virginia. ((c)) The surety shall hold a certificate of authority to act as surety from the Federal Government to act as surety on Federal projects or have a rating of XV or better as evaluated by Best's Key Rating. These lists will be maintained by the Director of Finance. Section 13-96. Extensions and Reduction of Performance Bonds. (a) Performance agreements may be extended for one year periods or less. Any request for extension shall be accompanied by an estimate of the BONDING LEGISLTATION remaining work and a timetable for the completion of the improvements. Upon recommendation of the Land Development Official~ Council shall act within 30 days of any written request to extend a performance agreement. In considering an extension of the performance agreement, the Council should consider the following factors: (1) Current rating of corporate surety and status of the financial institution. (2) Progress in completing development plan or subdivision. (3) Complaints received about nuisances resulting from development of the property. (4) Estimate costs of completing the subdivision. (b) The amount of bonded improvements may be reduced by action of the Town Council. Upon recommendation of the Land Development Official, the Council shall act within 30 days of the receipt of any written request for a bond reduction. If any deficiencies in completed improvements remain, the Land Development Official shall transmit a list of the deficiencies to the applicant within 30 days of the reduction request. Council shall act or respond within thirty days of any request for an extension or reduction of a performance bond. Section 13-97. Establishment of a Maintenance Agreement. A maintenance agreement shall be executed for the repair or replace- ment of defective materials and workmanship within the required public improvements for a period of time extending for one year from the actual date of Council acceptance of such improvements. A maintenance bond conforming with requirements of Section 13-94 shall be submitted with the maintenance agreement. The maintenance bond shall equal five percent of the total cost of the improvements in the subdivision or development. Section 13-98. Acceptance of Improvements and Release of Performance Agreement. (a) The Council shall accept public improvements installed by a subdivider or developer which meet the following conditions: (1) The design standards of Division 4 have been adhered to. (2) Public improvements have been completed in accordance with the requirements of Division 5. (3) Installation of public improvements has been completed in accordance with required specifications. (4) All final inspections required by this Article have been carried out by the town and public improvements were found to be acceptable by the Director of Engineering. BONDING LEGISLATION (5) The subdivider or developer shall have prepared and submit- ted one reproducible set and two sets of prints of plans accurately showin~ the complete public improvements as actually built. (6) The subdivider or developer, by appropriate instrument in a form approved by the Town Attorney, has conveyed to the Town ~ood title free of all liens to all public improvements for which the town is to be responsible for operation and maintenance; both within and without the town. (b) The Council shall release developers from performance a~reements when the subdivisions are vacated pursuant to Section 15.1-481 of the Code of Vir~inia; as emended. SECTION IV. The proposed amendments shall be referred to the Planning Commission for hearing and report and the Planning Commission shall report its recommendation to the Town Council within 60 days of its public hearing. PASSED this 12th day of ATTEST: Clerk of C~ncil February , 1986. Robert E. S~vil~, ~ayor ' Town of Leesburg