HomeMy WebLinkAboutSUB201900106 Correspondence 2019-08-07COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Phone (434) 296-3088 Charlottesville, Virginia 22902-4596
Fax (434) 972-4126
Date: August 7, 2019
Mr. Andy Herrick
County Attorney's Office
401 McIntire Road, Charlottesville, VA 22902
Regarding:
Project Names: (Draft) Maintenance Agreements for 1.) Road Plans for the Lewis & Clark Drive
project (SUB201800171) and 2.) Road Plans for the UVARP Loop Road project (SUB201900049)
Date Submitted: August 5, 2019
Attached are (draft) maintenance agreements for the road plans referred to above, which were formatted
by the University of Virginia Foundation (UVAF) to be included within their (draft) "Codes, Covenants,
Restrictions, and Easements" document for the University of Virginia Research Park (UVARP).
Regarding the enclosed documents and the associated projects, please note the following:
A maintenance agreement checklist is also attached for your reference.
Neither Road Plan application (SUB201800171 or SUB201900049) has received final approval.
Please contact me with any questions or requests for assistance.
Mr. Todd Marshall, Senior Real Estate Project Manager for the UVAF, provided the following
information:
"...[W]e have included specific sections that address the County's concerns: Section 10.4 and
14.3. S Landscaping; and Section 10.3 Roads. Please be sure to focus on them in terms of
meeting what you all are looking for in terms of meeting the intent of the agreements. "
Please contact me with any questions or requests for assistance.
Thank you,
Tim Padalino, AICP
Senior Planner
x. 3088
Review of Private Improvement Maintenance Instrument
(Albemarle County Code § 14-317)
TO: Andy Herrick (for review)
RE: SUB201800171 and SUB201900049
The instrument required by Albemarle County Code � 14-317 for this subdivision:
NO
1. Identify the plat to which the instrument applies; if the plat has been recorded, the
identification shall include a deed book and page number.
YES (10.3) and
NO (10.4.2)
2. State that the improvement will be maintained in perpetuity.
YES (?)
3. State that the improvement will be maintained to a standard that, at a minimum,
ensures
that it will remain in substantially the condition it was in when approved by the county if
the improvement was installed to
prior the agent signing the plat or the condition it is to be
in when the surety was released as provided in section 14-436; for
a private street, shared
driveway, or alley, the instrument also shall state substantially as follows: "The travelway
shall at all times be maintained it is
so that safe and convenient for passenger automobiles
and emergency vehicles at all times except in severe temporary weather conditions."
YES (?)
4. If the instrument pertains to the maintenance of one or more private streets, alleys or
shared driveways, it shall define "maintenance"
by stating substantially as follows: "For
purposes of this instrument, `maintenance' includes the maintenance of the private streets
or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and
other private street improvements,
and the prompt removal of snow, water, debris, or any
other obstruction so as to keep the private street or alley reasonably open for usage by all
vehicles, including emergency services vehicles."
NSA
5. Describe the condition of the improvement when it was approved by the county if the
improvement
was installed prior to the agent signing the plat or the condition it is to be in
when the surety was released as provided in 14-436.
section
NO (?)
6. Identify the timing or conditions warranting maintenance of the improvement.
YES (?)
7. State a means to collect funds necessary for the cost of maintaining the improvement; at a
minimum, the means stated shall include the right of any landowner subject to the
instrument
to record a lien against a non-contributing landowner, to bring an action at law
to collect the funds, or both.
YES (?) 8. Describe how maintenance costs will be prorated among the landowners subject to the
instrument (e.g., "equally," or on a percentage basis); if any lot within the subdivision may
be further divided, the instrument shall also describe how maintenance costs will be
prorated among the landowners after division.
YES 9. State substantially as follows: "No public agency, including the Virginia Department of
Transportation and the County of Albemarle Virginia, will be responsible for maintaining
any improvement identified herein."
Completed by CDD-Planning staff
for reference by County Attorney's Office
Date