§ 19-506. Road maintenance agreements.

(a)

Any proposed large lot subdivision shall be depicted on a plat prepared, approved and recorded in accordance with requirements of this chapter.

(b)

All large lot subdivision lots and private rights-of-way serving such lots recorded after the adoption date of this chapter shall be subject to the provisions of a perpetual road maintenance agreement or obligation as hereinafter set forth which obligations are hereby made legally binding upon the owners of such large lot subdivision lots. The maintenance agreement shall be recorded with and take effect with the recording of any large lot subdivision plat when and in the event that three (3) or more large lots are served by a private right-of-way. The fact that only one (1) or two (2) large lots are initially served by a private right-of-way shall in no way exempt or exclude such lots from the provisions and obligations of the road maintenance agreement or obligation and such obligations shall fully and in all ways apply to such lots when a private right-of-way begins to serve the third or more lots in addition to the original one (1) or two (2) hereinabove referenced.

(c)

Each lot owner whose land is served by such private street or right-of-way shall pay his/her pro rata share of the reasonable costs of upkeep, repair and maintenance of said private street/road. The share of each lot may be determined by the total reasonable costs being divided by the total number of lots (each lot pays the same amount) or by prorating the cost for each lot based on the length of the road required to serve each lot (lots at the rear would pay more than lots at the front). Should the same person own more than one (1) lot, he/she shall be responsible for more than one (1) pro rata share which is determined on a per lot basis. If the subdivider does not determine the method of proration of the costs a majority of the lot owners shall be able to do so.

(d)

"Reasonable costs of upkeep, repair and maintenance" shall include measures necessary to keep the road in usable condition, including (but not necessarily limited to) the costs of snow removal, minor grading, ditching, application of gravel or stone, roadside soil stabilization and installation of drainage pipe as may be necessary to prevent continuing damage to the right-of-way. Private roads which existed prior to the enactment of the provisions of this chapter are not subject to the road maintenance agreement requirement, but nothing in this article shall preclude lot owners on existing private roads which are being extended from participating in the road maintenance agreement.

(e)

Existing private roads (through adjacent properties) with previously recorded rights-of-way of less than fifty (50) feet which serve the subject property being subdivided may be used. However, the minimum right-of-way width for private roads created after the effective date of this article and for any existing private road within the bounds of the subject property being subdivided shall be fifty (50) feet. When newly created lots abut on both sides of the right-of-way, the centerline of the right-of-way shall be the property line between lots. The fifty (50) foot right-of-way shall be designated as both a private access and utility easement.

(f)

Prior to approval of the plat for any large lot subdivision of three (3) or more large lots served by a private road, the owner of property shall either present a valid commercial entrance permit for the entrance of the private road serving the large lot subdivision onto the state maintained highway, or present a letter from the VDOT Resident Engineer/Administrator recommending approval of a waiver of the requirement for a commercial entrance.

( Ord. of 05-12-2019(1) , 5-21-19)

( Ord. of 05-12-2019(1) , 5-21-19)