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County of Albemarle
Department of Community Development
Memorandum
To: Steve Driver
From: Francis H. MacCall, Senior Planner
Division: Zoning & Current Development
Date: 7/15/08
Subject: SUB - 2008 -00167 King
The Planner for the Current Development Division of the Albemarle County Department
Community Development has reviewed the above - referenced plat and will grant approval when the
following comments have been addressed satisfactorily:
The checklist that was used is incorrect. This plat cannot qualify as a family division per the
current ordinance. Thus remove note #11. Please review 14 -212. Attached is a revised checklist
for family subdivisions.
This plat can qualify as a 2 lot subdivision but the checklist for final plats needs to be used.
Attached is that checklist. There are a number of notes that need to be revised or removed.
See the following comments.
2. Remove note #4. It is no longer a current note regarding private streets per the checklist.
Remove note #5. It is no longer a current note regarding private streets per the checklist.
4. [14 -302A (10)] Please provide a development right note to read as follows: "Lot 2 is assigned 1
development right and may not be further divided. The residue of Tax Map/Parcel 114/46A (Lot 1)
retains 1 development right may not be further divided."
The information under note #11 must be revised with the note above.
5. [14- 302.B(1)] Provide the number of sheets to the plat. "Sheet 1 of 1"
6. [14- 302.B(5)] Provide the zoning classification.
7. [14- 302.B(7)] Provide a notation on the plat as to whether or not the subject property is
located within an Albemarle County and/or Charlottesville City water supply watershed or an
agricultural- forestal district.
[14- 302.B(8)] Show that the setback from the access easement is 25'
9. [14- 303.S] Provide at least four (4) control points that are evenly distributed across the
property and located at surveyed property corners.
10. [14 -309 and 14 -310] Soils evaluations are required for each parcel and Health Department
approval of those soils evaluations is required.
11. [ 14 -316] The entrance onto Route 795 is required to be approved by VDOT.
12. [14 -317] A maintenance agreement is required for the private street. This will be reviewed
by the County approval. Please see the template below.
Please contact me at your earliest convenience if you have questions or require additional
information.
Copy: SUB - 2008 -00167
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.
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.
Im
OWNER
STATE OF VIRGINIA AT LARGE
CITY /COUNTY OF , to -wit:
The foregoing Declaration was acknowledged
before me this day of , 20029 by OWNER.
Notary Public
My commission expires: DATE