HomeMy WebLinkAboutSUB200500372 Checklist 2006-01-11Checklist for Maintenance Agreements
File # SUB - 2005 -372 Project Name: Ed Pierce Final Plat
14 -317 Instrument evidencing maintenance of certain improvements.
If the subdivision will contain one (1) or more improvements that are not to be maintained by the county or any authority or
other public agency, the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the
improvement, as follows:
A. The instrument shall, at a minimum:
❑ (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.
❑ (2) State that the improvement will be maintained in
perpetuity.
❑ (3) State that the improvement will be maintained to a
standard that, at a minimum, assures that it will remain in
substantially the condition it was in when approved by the
county; for a private street, shared driveway, or alley, the
instrument also shall state verbatim: "The travelway shall at all
times be maintained so that it is safe and convenient for
passenger automobiles and emergency vehicles at all times
except in severe temporary weather conditions."
❑ (4) If the instrument pertains to the maintenance of one
or more private streets, alleys or shared driveways, it shall
define "maintenance" by stating verbatim: "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."
❑ (5) Describe the condition of the improvement when it
was approved by the county.
❑ (6) Identify the timing or conditions warranting
maintenance of the improvement.
❑ (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.
❑ (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.
Comments
❑ Paragraph I
❑ Paragraph 4 Item 3
❑ Needs to be stated verbatim in Paragraph 4 Item
3
❑ Needs to be stated verbatim in Paragraph 4 Item
3
❑ Paragrqph 4 Item 3
❑ Paragraph 4 Item 4
❑ Paragraph 4 Item 6
❑ Paragraph 4 Item 2 need to state that the lots
cannot be further divided as identified on the
plat
❑ (9) State verbatim: "No public agency, including the
Virginia Department of Transportation and the County of
Albemarle, Virginia, will be responsible for maintaining any
improvement identified herein."
❑ Needs to be stated verbatim in Paragraph 4 Item
2
B. The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so
that it may be recorded in the office of the clerk of the circuit court of the county. The agent may require that the
instrument be on a form prepared by the county attorney.
C. For purposes of this section, the term "to maintain," or any derivation of that verb, includes the maintenance,
replacement, reconstruction and correction of defects or damage.
D. Nothing in this section shall affect the rights of the county reserved under section 14 -440.