HomeMy WebLinkAboutSUB201400084 Review Comments 2014-07-24 Review of Private Improvement Maintenance Instrument
Ti Albemarle County Code §14-317)
TO: V J NGc J15errci
RE: SUB 20[4 —E?D6 Ty- ■J istex rYl bt r
The � ent required by Albemarle County Code 14-317 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 14-317(A)):
1. Identify the plat to which the instrument applies;if the plat has been recorded,the identification shall
include a deed book and page number.
2. State that the improvement will be maintained in perpetuity.
3. State 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. 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.
6. 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 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. 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
•• provement identified herein."
All/_ iI...At Date: 1 -/2t/ j J /
Gr-t. r .�ptn:,
D. q .u rney
The Planner will recommend approval of the plat 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.)
Planning
1. [Section 14- 302(A)(10)] Please revise Note 13 to read "Parcel 1B is assigned 1 development right and may be
further divided and when further divided these rights shall be used within their 1980 boundary. Lot A may not be
further divided."
2. [General Comment] If it's anticipated that the new Parcel 1B will utilize its remaining development to create an
up to 6.077 acre parcel from the remaining acreage of the original 1B, then you may want to shift the corner of the
building site shown on the revised 1B to lie outside of the 1980 boundary.
3. [Section 14- 302(B)(6)] Please revise the "INST. # XXXX" for Parcel 1B and Parcel 1C.
4. [Section 14- 302(B)(8)] Please revise the front setback for Parcel 1B to be 25'.
5. [Section 14- 303(A)] Please revise the statement under the Owner's Approval to match the language in this
section.
6. [Section 14 -309 and 14 -310] Soils information was forwarded to the Health Department on 5/29/14. I received
approval from the Health Department on 7/3/2014.
7. [Section 14 -316] Please submit evidence of approval for the entrance from VDOT.
8. [Section 14 -317] Please revise and resubmit the private street maintenance agreement based on comments from
the County Attorney's office.
Please contact J.T. Newberry at 434 - 296 -5832, ext. 3270 or jnewberrykalbemarle.org for further information about the
comments above.
�'I1�SL�14`
County of Albemarle
Department of Community Development
Memorandum
To:
Steve Driver (sdriver&terraengineering.net)
CC:
Theodore S. Thomas (tsthomas51@gmail.com)
From:
J.T. Newberry (jnewberry&albemarle.org)
Division:
Planning
Date:
July 3, 2014
Subject:
SUB201400084 Westerman Division — Final
The Planner will recommend approval of the plat 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.)
Planning
1. [Section 14- 302(A)(10)] Please revise Note 13 to read "Parcel 1B is assigned 1 development right and may be
further divided and when further divided these rights shall be used within their 1980 boundary. Lot A may not be
further divided."
2. [General Comment] If it's anticipated that the new Parcel 1B will utilize its remaining development to create an
up to 6.077 acre parcel from the remaining acreage of the original 1B, then you may want to shift the corner of the
building site shown on the revised 1B to lie outside of the 1980 boundary.
3. [Section 14- 302(B)(6)] Please revise the "INST. # XXXX" for Parcel 1B and Parcel 1C.
4. [Section 14- 302(B)(8)] Please revise the front setback for Parcel 1B to be 25'.
5. [Section 14- 303(A)] Please revise the statement under the Owner's Approval to match the language in this
section.
6. [Section 14 -309 and 14 -310] Soils information was forwarded to the Health Department on 5/29/14. I received
approval from the Health Department on 7/3/2014.
7. [Section 14 -316] Please submit evidence of approval for the entrance from VDOT.
8. [Section 14 -317] Please revise and resubmit the private street maintenance agreement based on comments from
the County Attorney's office.
Please contact J.T. Newberry at 434 - 296 -5832, ext. 3270 or jnewberrykalbemarle.org for further information about the
comments above.
Review of Private Improvement Maintenance Instrument
(Albemarle County Code § 14 -317)
TO: I W(v/
RE: SUB O t I"vw
The instrument required by Albemarle County Code § 14 -317 for this subdivision:
is approved.
Z' is not approved because it fails to satisfy one or more of the following requirements (number references are to
Albemarle County Code § 14- 317(A)):
1. Identify the plat to which the instrument applies; if the plat has been recorded, the identification shall
include a deed book and page number.
2. State that the improvement will be maintained in perpetuity.
3. State 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. 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. Q, G125G 1'b2 the I�dfh antl 5vrfrCe 'I Iie, �
ayPhwl t, ef� .
6. 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 funds, or both.
8. Describe how maintenance costs will be prorated among the landowners subject to the instrument
(eg., "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 substantially as follows: "No public agency, including the Virginia Department of
Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any
Otovement identified herein." / /
Date: ,Oli /Z�//
Gre a to r
Dep u At rney
Prepared hy
William D. Tuchm Iff J 12360
T'ueker-Gr. Wbz:Barnes.:.P-.0
301 Westi-Rio'Road
Oiarloftesville; VA 2.2901
Ajb emir le C'ounh; Tax j. V ap.1 -.9
1.0040-00401B
DE'CLARA-110N.
The PRINATES' -MAINTENANCE AGREEENT (hereinafter7 th-e
of June,.2014.1�v THEIODORE S. THON"I.-A-S
"At
greemenf ') is made this day
mid ROSALIND E. W..L-'T;E-RM.,k-1\7,.Ikiisband..a.nd "-fle, (hereffizcftur, the "-Declaranf'),
whose address :is 2449*:Dudicy'—Nlountiiin:.Road, Nortb (3iarden., VA 22959.
NN'T IFR EAS, the Declarant is the ow-ner of -a Parcel of land nw;-v known as
Albemarle Cotmtv Tax Mali 1-01- IB (hercinafter.the "Property-) having acquired the
T-Ihe.Circuit-C ourt of'Albeniarle
said Pyopery bv, Deeds Tecorded in the Clerk's Offize o
.C'ounty, Vim fiiia in. Deed Book. 71o,.page 195 anti Deed Book'3858, P-%1�yl 40.6; and
-WHEREAS, the Propnety will he subdivided by tae .declarant into Lol A
containjagy 5;.670 acms, more or less,(hereindi--'ter "Lot A") and Parcel IB, containin g
31.24 Lacrvs, more hereinafter "Parcel I.B").,. botb. Lot A and. Parcel IR.arc
sil
desexibedou.,a. Subdivision Plat bv
dated copy of which -is recorded immediately priorAiereto
,hereinafter, the "Plat''') and
NVflE,-R-L�'jkS,-a.certain nor-exnlusive access easement for ingress :and eg gress f rom
State Route 706 for -the uselmd.beriefit of Llot A and Parcel 1-B is shown. and described
on.-the Flat as the "New.Private Street Easement" (hercinafties. the'"Street")
'NOW,,F.H,I.,7R.L.-'�l'O.T.t.F-.for:and inconsideration of -the promises and the
u --by imposes upop Lots Aand'Parcel 11.1
ndertakb�g
socontained,-berein the Declarant here
-MINIMIMSTANDARD: 71711e :Street shall be mwatainedin its pros ent condition and
y,
iNridth:a&Lnst6lled,,and maintained inpem, ejuity to. substanfially the, same pondition it Was
in, when,ap roved-bylbe-Cowity. j.,11. s.tT.ee e . aint�i i e ot
tshaft.a. all b m i i d s hat it is
p
safe mid zonvenient -for passenger automobiles and ernerg npy:-vel icles at all times
Lle
:except. in severe temporaq Nk, eafffier coacbtions mid sliallnot be deerned necessary,
maintenance as contemplated herein-Nflaintenance grid repair , s1l ia ll .i -
nclude the roadb-d
and surface.-antl::dr.a*,,,na�c:ctilver. s used -di.tobes,
ownenofeither: P arcel. cmi require maintenance to be perfornied.1 onakitaill' 'the Street in
tyood:condition. If thereare.More than.two imlyrovedparcels-i 4 1,11ajonty of,owncrs:of
imps wed parcels sha:be required to d6termine-the standard:of maititemance.and initiate,
Tep�li rS: as
NVOINITENANCE. Tear purpose s 0!^this instrLmient, `maintenance', includes-flie
mainterauice, of the Streel, and all curbs, curL i.,ld.gulte 8,
dams, bridges and oft- Ppxivate street impravaments, an: d the ,prompt t removal.of sllom,.,
water, debris,orany.other obstruction -so as to keep, the Street reaso.nably open. 1.`or us�ge
by all vehiclas hicluding - emerge -11c y- service.,-, vehicles. The terin. "to mainuilm,"or my
derivation of that verb, includes:,the maintenance,replacement, reconstruction and
correction ofdofects aor -daniage-if the.-Streat is ,,u.t7jected:t.o.extT.ao.r.diti<iTg, wear and tear
or:darngge:anti auchaxtraordinaiN wear and tear and.d.miage is caused by theacti-011 of
e -1 hen. the
parcel. owner or his :or her .1guests, tenants, em ployces, a- I ts 0 r C( nt ractors, t
parx,Tl ommer vvho causes si,ich,extraordinary -wear and tear .or darnage to thelStrect.:.shall
bearall.costs,to restore the lStre I at to its installed condition. ..prior to the .occurrence DI'suoh
extraordinary ,A ear aiid.:tear...c).T:.dzim.ap-e,
COSI OF MAIN TE Cl: . The owners of Lot A and :PaTeel I'B.:shallb-.eqa,
responsible for the cost of the maintenance of :anal or repair to flm. Streel.,ftonn. State
Route 7.06 to the I and T?arcel. 13, .(between segment I aj-.id.J
as shown on the:Plaf). The mmers of Parcel I B shall be s<Aely responsibledbr:the cost
of mintenance of. andor reps drAo the Street, vyli
.ich is located exclusively on Pareel:
lef.a., aLu
An-v further :division Lot A and/or.Paroel IB shall require the rekissessrnent. of costs-to
including1he
be equal lysivared by - 411. mv.n.ers..Using: . ffic Str.eat. No. public Agen Y
VirginiaDepar,tmentiof T raimportation and the County o�f,AI.I)einarle,'Y.irginia!-tvil-I
-be responsi,ble:for- maintaining auy-mimprovement: identifiedIere.
t. re , my � ilherz
WHE T'T 0:MAINTAIN: After the initial constMetio". U"the .-St e,-,, fu
cons air, -- with th-1 m Mutt] - conse nt of'
shallbeundertakenonl�
all.O'Wners,.p,r(wide(itaiat:iin-ti.ic.eventthat- one of the wAmers determines that1be Street is
notsafe,and converii ent for passenger automobiles,and. .emergency vehicles at.aII time-,
except. weather coriditions and such owmer gives thirty (30) days
prior wri tter) notice to all other owners lising t1i e Strcet.:such.ow ner i � v. co n In
ence or
contraz.t fear -.niaintenaii.ce:or repair to king the Street to the minirrium. standard-andthe
charges therefore shall be the :-responsibil it)y of all owners using th.e. -Street
DEF,AULTING OWNE'U4S): If.anv owners I -./lier: proportionate
hall to pay. his
share of the costs. Of Main-teriance.:-or xepair for which: he /she is repponsible. as:provided
hereimtbove,,any other owner not in. default, or the person or:c.oTpor.ati.oii.,v.erformin&I such
m - - (30) .days written notic.e.tothe dcfaulth _g parcel ow, net(s)
...aintellance. may �ifterthirty
bring-an,action of:lav�.a ,iinst:e�icli def.-aultingpaTe.eI uwner in a court ofcoinp oterit.
jurisdiction and/Dr.nitty record:in t Pw Clerk's Office ofth.e:Circuit Court of Albemarle
Counq.,,, a Notice of Li-en ainst alloof-the said Aefaulting. parcel ov"'nersto secure the
41 V
payment of she- Issessment.of a. parcel faifip.g ice pay his; herpruportTonal share of
mainterianceorrepair.
maximuinjuda ent,ratc.provideel by ftotn t.lie.date.:()f:coniplcl.ioi3.:kjf the
P3
v all -.costs of collection.,
inainte-riance; md,Lhe.delinquent ovnier: shall be liable -toi ay.,
P
including reasonable. attorneys -fees
SURVIVIAL This Agreament shall run :kv.,jth.:-the land:and -shall inure tea 1b.-I
benefitof and shall b-bindin I
g:upoii parties. hereto, their iospectiw heirs successors
and a s.c 3 i tr; i i s -
I-,N WITNESS NNJI'AEREOF, :Che Declarant h&s caused. this Declaration to b-v
e"KeCuLed on its bobalf b.y. its duly authorized, 4-gent,
BY:
By:
THEODOR-ES. THOMAS
ROSALLND E. WEST.E.RMAN
ST' :0 G. ,
ATE. F VIR(H.-NIIA AT LAR El
..TTY/COUNTY OF
The foregoin.g Declaration:-was aol-knowledged. befiDrre me this day of .. . .. ............. . .......... . .... .......
2014, -by • ITIE.O.D.O.RF-S, THOMAS atlid ROSALIND E.IWESTERUAIN -
Not'any Public
14y commissiDII -c%pires:
v Reggistration.. -number:
0 1111 IIII�.
R �
u� S1
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia .22902 -4596
Phone (434) 296 =5832 Fax (434) 972 -4126
Date: June.23, 2014
Greg Kamptner
County Attorney's Office
401 McIntire Road
Charlottesville, VA 22902
Regarding:
Project Name: SUB201400084 Westerman Two -lot Division Plat
Date Submitted: 06/21/2014
Dear Mr. Kamptner:
COUNTY OF ALBEMARLE
JUN 33 2014 0
ATTORNEY'S OFFICE
The applicant has prepared and submitted a Private Street Maintenance Agreement for the above
named project. At your earliest convenience, please review this document.
Thanks,
J.T. Newberry
Planner
Ext. 3270