HomeMy WebLinkAboutSUB201300170 Review Comments 2013-11-25 'rn%
Review of Private Improvement Maintenance Instrument
(Albemarle County Code § 14-317)
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The instrument required by Albemarle County Code § 14-317 for this subdivision:
is approved. i/h ebrieftlOicf ] MP GCG 1 c)
is not approved because it fails to satisfy one or more of the following requirements (number references are to
Albemarle County Code 5 14-317(A)):
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1. ✓Identify the plat to which the instrument applies;`4f the plat has been recorded, the identification shall
include a deed book and page number.
2. 'ate that the improvement will be maintained in perpetuity.
3. Mate 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 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.”
4. i f 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.
6. 4dentify 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.
9. ,,/Mate 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."
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Greg 0 poi er'
De. ,tv .0 ty torney
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County of Albemarle
Department of Community Development
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To: David Linke (landcraft @embargmail.com)
From: Megan Yaniglos- Senior Planner
Division: Planning Services
Date: December 20, 2013
Subject: SUB- 2013 -170- Evans- Two Lot Division
The Planner for the Zoning & Current Development Division of the Albemarle County
Department Community Development will recommend approve the plan referred to above
when the following items have been satisfactorily addressed. (The following comments are
those that have been identified at this time. Additional comments or conditions may be added
or eliminated based on further review.) [Each comment is preceded by the applicable reference
to the Albemarle County Code.]
1. [14 -302 (A)(3)] Existing or platted streets. Provide the right of way information for
Rockfish River Road.
2. [14 -404 (A)] Single point of access required. Provide a shared driveway for the use of
both lots as required by this section. This access needs to also meet the standards set
forth in section 14 -412. "14 -404- A: Each lot, other than a corner lot within the
development areas, shall have reasonable access to the building site from only one
street, shared driveway or alley established at the same time as the subdivision;
provided that, if the subdivision is in the rural areas, each lot created from the
subsequent division of any lot within the subdivision shall enter only onto such
street(s) established at the same time as the original subdivision and shall have no
immediate access onto any other public street. "
3. [14 -302 (A)(6)] Alleys and shared driveways. Show the location and dimensions of all the
easements required by comment #2 above.
4. [14 -302 (A)(9)] Building sites on proposed lots. The building site must meet the
requirements set forth in the Zoning Ordinance under 4.2.1. Revise to meet this
requirement, the drainfields must be located within a building site. "Each building site
for a dwelling unit shall have an area of thirty thousand (30,000) square feet or
greater and shall be of such dimensions that no one dimension exceeds any other
by a ratio of more than five (S) to one (1) as described by a rectangle inscribed within
the building site. The building site shall have adequate area for locating two (2)
subsurface drainfields approved by the Virginia Department of Health if the lot will be
served by a conventional onsite sewage system."
5. [14 -302 (A)(10)] Right of further division of proposed lots. The division rights note is
incorrect. The residue can be further divided, as the original property has 5 theoretical
division rights. Revise the note to state this information.
6. [14 -302 (13)(7)] Reservoir watershed; agricultural forestal district. This property does not
lie in a reservoir watershed district. Revise the note to state the correct information.
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7. [14 -303 (R)] Parent parcel access. Provide the following statement on the plat: "All
subsequent divisions of the residue shall enter only onto such street(s) shown on the
approved final plat and shall have no immediate access onto any public street."
8. [14 -212 (C); 14 -316] Approval of entrance on public streets. VDOT approval is required.
Provide a statement from VDOT granting their approval.
9. [14 -309; 14 -310] Soil evaluations; Health Director approval of wells and /or septic
systems. Provide soils work for review and approval from the health department.
10. [14 -371] Instrument evidencing maintenance of certain improvements. Provide an
instrument to be reviewed and approved by the County Attorney for the maintenance
of the shared driveway. This will need to be recorded with the plat.
Please contact Megan Yaniglos at the Department of Community Development 296 -5832 ext.
3004 for further information.
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