HomeMy WebLinkAboutSUB202100082 Correspondence 2021-10-15 (3)Review of Private Improvement Maintenance Instrument
(Albemarle County Code § 14-317)
RE: SUB -2o DC)09'Z
Identify the specific provision(s) of the proposed Private Improvement Maintenance Instrument that meet
each of the following requirements of illliewarle Caawlr Code C 14-317(11):
LIdentify the plat to which the instrument applies; if the plat has been recorded, the
identification shall include a deed book and page number.
Oocseq: fka� "C,ave(Wel !;>G3 Lkqu-) V. 133
2.State that the improvement will be maintained in perpetuity.
?Xe C`# 3. State that the improvement will be maintained to a standard that, at a minimum, ensures that it
5 7C will remain in substantially the condition it was in when 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; 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 that it is safe and convenient for passenger automobiles and
emergency vehicles at all times except in severe temporary weather conditions."
M� 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."
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.
�66.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
�n funds, or both. � r" /. L) z 0 'N ,t IA VOCf 0
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
C, among the landowners after division. 5W,
1 ` Spe 5
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."