HomeMy WebLinkAboutSUB200800178 Review Comments Private road request 2008-08-13Review of Private Improvement Maintenance Instrument
(Albemarle County Code § 14 -317)
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RE: SUB
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The instrument required by Albemarle County Code § I4 � 17 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 § 17 -31 "(A)):
l . Identify the plat to which the instrument applies; if the plat has been recorded, the identification
shall include a deed book and page number.
_1 State that the improvement will be maintained in perpetuity.
411. State that the improvement will be maintained to a standard that, at a minimum, assures that it will
remain in substantially the condition it was in when approved by the county; for a private street,
shared driveway, or alley, the instrument also shall state verbatim: "The travelway shat I 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. If the instrument pertains to the maintenance of one or more private streets, alleys or shared
driveways, it shall define "maintenance" by stating verbatim: "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."
_/,s_5. Describe the condition of the improvement when it was approved by the county.
_6. Identify the timing or conditions warranting maintenance of the improvement.
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.
0-Describe how maintenance costs will be prorated among the landowners subject to the instrument
,V (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. State verbatim: `'No public agency, including the Virginia Department of Transportation and the
County of Albemarle, Virginia, will be responsible for maintaining any improvement identified
herein."
V. t Date:
Greg K net: I'
Deput C 1111 .lAttoiney