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HomeMy WebLinkAboutSUB201400103 Review CommentsReview of Private Improvement Maintenance Instrument (Albemarle County Code § 14 -317) TO: RE: SUB The ins • anent required by Albemarle County Code 5 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 5 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 tinning 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. 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 im roveme //ntidentifiedherein." a14 r/ Date: Greg a tne Deputy n Att ey Review of Private Improvement Maintenance Instrument (Albemarle County Code § 14 -317) TO: R�C��g1,Sfe�� nn RE: SUB ©l - O© O The instrument required by Albemarle County Code § 14 -317 for this subdivision: is approved. V! 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)): 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." V 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. See- cttC-(-cVLC-C) , 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 improvement identified herein." Date: Gre K t Dep jatj� ty Jorney _ I I MINIMUM STANDARD: The Road shall be maintained with a minimum of 14 feet wide base of gravel or a superior surface as agreed to in the future supplemental declaration, and maintained in pe6etuity to substantially the same condition it was in when approved by the County. The travel way shall at all times be maintained so that it is safe and convenient for 1 .