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