HomeMy WebLinkAboutSUB201400123 Review Comments Review of Private Improvement Maintenance Instrument
(Albemarle County Code§14-317)
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The instrument required by Albemarle County Code 14-317 for this subdivision:
-7is 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
improvement identified herein."
Date:
Greg Kamptner
Deputy County Attorney
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
March 18, 2014
Roger Ray, LS
Roger W. Ray &Assoc
1717— 1B Allied Street
Charlottesville, Va. 22903
RE: Albemarle County Subdivision Ordinance, 14-207
Dear Mr. Ray:
I have reviewed your letter of March 11, 2014, a copy of which is attached. After reviewing your
interpretation and conferring with staff at the County, I am offering my concurrence, as the Agent for the
Albemarle CountySubdivision Ordinance, with this interpretation. While I am uncertain this was an
intended consequence of the recent ordinance change, I believe this is the correct interpretation of the
words on the page.
Respectfully,
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Mark B Graham, PE
Director of Community Development
Attachment
Cc: Francis MacCall, Albemarle County
J T Newberry, Albemarle County
David Benish, Albemarle County