HomeMy WebLinkAboutSUB202000116 Checklist 2021-04-20OPENSPACE/HOA
Review of Private Improvement Maintenance Instrument
(Albemarle County Code S 14-317)
RE: SUB
The instnunent required by Albemarle County Code § 14-317 for this subdivision:
is approved.
is not approved because it fails to satisfy one or more of the following requirements (number references are to
Albemarle County Code § 14-317(A)):
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.
Not recorded yet
2. State that the improvement will be maintained in perpetuity.
Declaration/HOA in effect for 20-years, auto renewal for 10-years provides after. See section 14.1 pg.30
3. State that the improvementwill be maintained to a standard that, at a minimum, ensures that itwill
remain in substantially the condition it was in when approved by the county if the improvementwas
installed prior to 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 so thatit is safe and
convenient for passenger automobiles and emergency vehicles at all times except in severe temporary
weather conditions."
N/A no improvements/openspace defined. Section 4.1.1, Pg.4/ common elements defined 1.7, Pg 2
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."
N/A
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 section 14-436.
N/A
6. Identify the timing or conditions warranting maintenance of the improvement
N/A, When declaration is recorded
7. State a means to collect funds necessary for the cos t of maintaining the improvement; at a minimum,
the means stated shall include the right of any landowner subject to the instrument to record alien
against a non-contributing landowner, to bring an action at law to collect the funds, or both.
Assessment for HOA, Article VII, Pg.9
8. Describe how maintenance costs will be prorated among the landowners subject to the instrument
(zg, "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.
Per assessment, Article VII, Pg.9 (Equally)
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." N/A, only open space reserved/instrument related to HOA Responsibilities
Greg Kamptner
Deputy County Attorney