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222 <br /> MINUTES OF SPECIAL MEETING OF LEESBURG TOWN COUNCIL, JANUARY 12, 1976 . <br /> A special meeting of the Leesburg Town Council was held in the <br /> Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on Janu- <br /> ary 12, 1976 at 7 : 30 P.M. The meeting was called to order by the <br /> Mayor, who announced that the purpose of this meeting is to discuss <br /> with the builders the lifting of the sewer moratorium and the pay- <br /> ment of availability fees. It is noted that this meeting was set <br /> by the Mayor at a regular meeting of the Town Council on December <br /> 10, 1975. Present were: Mayor G. Dewey Hill , Councilmen Charles E. <br /> Bange, James H. Chamblin, Mary Anne NINmanAORIArQgKndM t in <br /> Terry Titus; also Acting Town Manager rWes y 66ve 87 d irector <br /> of Community Development Robert C. Forbes . Absent from the meeting <br /> was Councilman James A. Rock. <br /> Mr. Forbes explained the procedures to be followed from the <br /> submiaion of a preliminary subdivision plat by a subdivider to the <br /> approval and recording of the final plat, as well as the procedures <br /> for submission of a site plan to final approval. He said that there <br /> are many instances where a preliminary subdivision plat or a site plan <br /> may run into problems. Also, it is possible to be in the process of <br /> subdividing and having a site plan approved simultaneously - this <br /> speeds up the process, especially for the developer of townhouses. <br /> Mr. Fred Spain explained that the problem being encountered by <br /> builders, if and when the sewer moratorium is lifted, lies in the <br /> fact that the Town now requires the payment of availability and con- <br /> nection fees for water and sewer service prior to the issuance of a <br /> zoning certificate. This is a hardship on the builder, who must, in <br /> the case of one who is building several houses in a subdivision at <br /> one time, pay all of these fees "up front. " He suggested, as an <br /> alternative, the possibility of paying ten per cent of these fees <br /> at the time of the issuance of a zoning certificate, with the bal- <br /> ance to be paid before water and/or sewer are connected to the <br /> property. He asked that Council modify its position concerning the <br /> time of payment of these fees. <br /> Mr. Bernard Carlton felt that, once the Town has approved the <br /> final site plan or subdivision plat, it is committed to serve that <br /> property with water and sewer, regardless of whether the availability <br /> fees are paid "up front" or if they are deferred. <br /> Mr. John A. Wallace felt that, if the State Water Control Board <br /> desires to cut off water and sewer capacity, it will make no differ- <br /> ence as to whether or not it has been paid for, except to the builder. <br /> He did not believe this would happen in the future. What happened in <br /> the past was the result of knowingly allowing infiltration to over- <br /> load the system. This has now been partially overcome and the Town <br /> is still working on it. He felt that the Town should know how many <br /> taps will be coming into the system as final plats and plans are ap- <br /> proved. The Town knows its capacity and there is no point in issuing <br /> anything beyond its capability. The biggest problem is the payment <br /> of this "up front" money - there is no way that a lending institution <br /> will go along with this requirement. He felt that they would release <br /> such money at the end or perhaps in the middle of the draw, but cer- <br /> tainly not at the beginning. He urged Council to consider having <br /> these fees payable at the time the meter is set. Mayor Hill asked <br /> Mr. Wallace if there is any "up front" money involved in rental <br /> property. Mr. Wallace said all that is required is a one-month se- <br /> curity deposit. He did not consider this ' up front" money. }tasked <br /> why the Town wants this money in the beginning. Mayor Hill said that, <br /> once the site plan or subdivision plat is approved, the Town is com- <br /> mitted to this project - capacity has been reserved, so why shouldn' t <br /> it be paid for. He cited an example of an apartment house project, <br /> where the meter was set and the apartments occupied for quite some <br /> while before the Town even knew it . The "up front" money would <br /> have prevented this. <br /> Mr. Bernard Carlton said he would consider the money put up for <br /> physical improvements , all to be turned over to the Town, sufficient <br /> deposit. <br /> Mr. Lester Sorensen, Jr. felt that the proposed policy would <br /> present a problem to the builders, as well as to the Town. Under <br /> the presently proposed system, they would be unable to record the <br /> entire Andover Meadow subdivision at one time. They would probably <br /> have to have the engineer redraw it and submit five 8-lot units. <br /> This would put a burden on the Council - they would have more work <br /> involved, more meetings of the Planning Commission, etc. He felt <br />