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Home My WebLink AboutSUB201600227 Action Letter Review of Private Improvement Maintenance Instrument (Albemarle County Code§ 14-317) TO: �� -- RE: SUB , I �— The instrument required by Albemarle County Code § 14-317 for this subdivision: Vis approved. is not approved because it fails to satisfy one or more of the following requirements(number references are to Albemarle County Code § 17-317(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,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 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 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." 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. 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 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." Date: John C. Blair, II Deputy County Attorney Johnathan Newberry From: Lindsey Munson <lindsey.munson12@gmail.com> Sent: Thursday,January 12, 2017 4:36 PM To: Johnathan Newberry Cc: Cameron Langille; Gwen Lacy; Roger W. Ray&Assoc.,Inc. Subject: Re: Comments on SUB201600227:James and Lindsey Munson - Final Thanks for your help-we will get the signatures notarized asap. Lindsey Munson Sent from my iPad On Jan 12, 2017, at 4:32 PM,Johnathan Newberry<jnewberry@albemarle.org>wrote: Hi Lindsey, We received County Attorney's office approval of the attached version of the road maintenance agreement this afternoon. Please submit signed and notarized copies of the plat and road maintenance agreement.The plat and maintenance agreement will be ready for recordation at the Circuit Court after the County has signed the plat. Thanks, J.T. Newberry Senior Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 From:Johnathan Newberry Sent: Friday,January 06, 2017 1:46 PM To: 'Lindsey Munson'<lindsey.munson12@Rmail.com> Subject: RE:Comments on SUB201600227:James and Lindsey Munson- Final Thanks. I will drop-off this draft with the County Attorney's office today. From: Lindsey Munson [mailtodindsey.munson12 WRmail.com] Sent: Friday,January 06, 2017 12:12 PM To:Johnathan Newberry<jnewberry@albemarle.org> Subject: RE: Comments on SUB201600227:James and Lindsey Munson - Final See attached- Hopefully I have made the necessary changes. I also changed "Street" to "Driveway" throughout the document to more clearly define the use. Let me know if there are other changes that I need to make. Thanks Lindsey Munson 1 From: Johnathan Newberry [mailto:jnewberry@albemarle.org] Sent: Thursday, January 05, 2017 5:58 PM To: Lindsey Munson Cc: Cameron Langille Subject: RE: Comments on SUB201600227: James and Lindsey Munson - Final Hi Lindsey, Thank you for providing the draft of the Private Street Maintenance Agreement. Before our office sends the draft to the County Attorney's office for final review/approval,there are just two minor edits needed: 1. Please modify recital #4 to indicate the access easement will be "new." It currently states that it will be "new or existing." (Checklist Item#5) 2. Please specify the minimum standard under recital#6 (Checklist Item#5).The attached template mentions"gravel" as an example, but you can insert whatever description is applicable. <image001.jpg> With these edits, we can forward it to the County Attorney's office. Thanks, J.'1'. Newberry Senior Planner County of Albemarle, Planning Division 434-296-5832, ext. 3770 From: Lindsey Munson [mailto:lindsey.munsonl2@gmail.com] Sent:Tuesday, December 27, 2016 1:04 PM To:Johnathan Newberry<inewberry@albemarle.org> Subject:Comments on SUB201600227:James and Lindsey Munson- Final Attached you will find the Private Street maintenance Agreement. Please let me know if you have any questions or edits. Thanks Lindsey Munson <Driveway Aggreement.docx> 2 0 N„.OM 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: January 6, 2016 John Blair County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: Project Name: SUB201600227 James H. and Lindsey Munson- Final Date Submitted: 12/27/16, 1/6/17 Dear Mr. Blair: The applicant has prepared and submitted a Private Street Maintenance Agreement for the above named project. Please review this document at your earliest convenience. Thanks, d J.T. Newberry Senior Planner Ext. 3270