HomeMy WebLinkAboutSUB200700133 Review Comments Final Plat 2008-06-03c��pF AL &FA9'P
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County of Albemarle
Department of Community Development
Memorandum
To: Dustin Greene
From: Francis MacCall, Senior Planner
Division: Zoning and Current Development
Date: June 3, 2008
Subject: SUB 2007 — 000133 Rolling Meadows Final Subdivision Plan.
The County of Albemarle Division of Zoning and Current Development will grant or recommend
approval of the final subdivision plat referred to above once the following comments have been
addressed: [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning
Ordinances unless otherwise specified.]
[14 -302 A 10] Right of further division of proposed lots. The development right note needs to be
corrected in a way similar to what is below. From what I can tell the property has 5 development
rights. The fifth development right needs to be assigned to either lot 2, 3, or 4. The note below is
an example of how the note should read. It is up to you to decide which of the three lots gets 2
development rights.
"Lots 1, 2 and 3 are each assigned 1 development right and may not be further divided. Lot 4 is
assigned 2 development rights and may be further divided."
2. [14 -317] Instrument evidencing maintenance of certain improvements.
A maintenance agreement is needed for the private road. Feel free to use the template below.
Please contact Francis MacCall at the Division of Zoning and Current Development at 296 -5832 ext.
3418 for further information.
Prepared by ATTORNEY OR FIRM
Albemarle County Tax Map 00000 -00 -00 -00000
DECLARATION
The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement ") is
made this day DAY of MONTH YEAR, by OWNER1 and OWNER2 (hereinafter, the "Declarant "),
whose address is ADDRESS.
WHEREAS, the Declarant(s) is /are the owner(s) of a parcel of land known as Albemarle
County Tax Map MAP # Parcel PARCEL # pursuant to the plat/deed in Deed Book BOOK #, Page
PAGE #; and
WHEREAS, Tax Map MAP # Parcel PARCEL # will be subdivided by the Declarant into
Lots # or LETTER and # or LETTER, containing # and # acres respectively, as shown and described
on a plat by SURVEYOR NAME, dated DATE, a copy of which is hereto attached and made part of
this Agreement (hereinafter, the "Plat "); and
WHEREAS, the access easement shown on the Plat will be a new or existing # of FEET
WIDE foot non - exclusive ingress and egress easement (hereinafter, the "Street ") for the use and
benefit of Lots # or LETTER and # or LETTER (or all lots) shown on the Plat.
NOW, THEREFORE, for and in consideration of the premises and the undertakings contained
herein, the Declarant hereby imposes upon Lots # or LETTER and # or LETTER a Street to be
maintained as follows:
MINIMUM STANDARD: The Street shall be maintained with a minimum # of FEET (describe the
standard that the street will be constructed to. Example — a "X feet" wide base of gravel or a
superior surface as agreed to in the future via supplemental declaration), and maintained in
perpetuity to substantially the same condition it was in when approved by the County. 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.
MAINTENANCE: 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. The term "to maintain," or any derivation of that verb, includes the
maintenance, replacement, reconstruction and correction of defects or damage.
COST OF MAINTENANCE: The owner(s) of Lots # or LETTER and # or LETTER shall be
equally responsible for the cost of the maintenance of, and or repair to the Street, from LOCATION X
to LOCATION Y. Any further division of Lots # or LETTER and # or LETTER shall require the
reassessment of cost to be equally shared by all owners using of the Street. No public agency,
including the Virginia Department of Transportation and the County of Albemarle, Virginia,
will be responsible for maintaining any improvement identified herein.
2
WHEN TO MAINTAIN: After the initial construction of the Street, any further construction,
maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in
the event that one of the owners determines that the Street is not safe and convenient for passenger
automobiles and emergency vehicles at all times except in severe temporary weather conditions and
such owner gives 30 days prior written notice to all other owners using the Street, such owner may
commence or contract for maintenance or repair to bring the Street to the minimum standard and the
charges therefore shall be the responsibility of all owners using the Street.
DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate share of the
costs of maintenance or repair for which he /she is responsible, as provided hereinabove, any other
owner not in default, or the person or corporation performing such maintenance, may after 30 days
written notice to the defaulting parcel owner(s) bring an action of law against each defaulting parcel
owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court
of Albemarle County, a Notice of Lien against all of the said defaulting parcel owners to secure the
payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or
repair. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate
provided by law from the date of completion of the maintenance; and the delinquent Owner shall be
liable to pay all costs of collection, including reasonable attorney's fees.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its
behalf by its duly authorized agent.
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STATE OF VIRGINIA AT LARGE
OWNER
CITY /COUNTY OF , to -wit:
The foregoing Declaration was acknowledged
before me this day of , 2002, by OWNER.
Notary Public
My commission expires: DATE