(A) Except in the case of family subdivisions, if the subdivision will contain one or more private roads, alleys, or any water system, sewerage system, storm water management facility, BMP, systems or structures for stabilization of critical slopes or shoreline, open space, common area, street or road sign, or other improvement, individually and collectively referred to herein as the "improvement," which are not to be maintained by Northampton County or any authority or other public agency, the subdivider shall submit with the record plat an instrument, providing for the continuing maintenance of the improvement, as provided herein.
(B) The instrument shall, at a minimum:
(1) Identify with specificity the improvement.
(2) Identify the plat to which the instrument applies.
(3) Have a statement that no public agency, including the Virginia Department of Transportation and Northampton County, will be responsible for maintaining the improvement.
(4) Have a statement that the improvement shall be maintained in perpetuity to assure that it remains in substantially the condition it was in when approved by Northampton County.
(5) State that the subdivider, its assigns and successors in title, will perpetually maintain at its sole expense, the improvement and identify the standard to which the improvement will be maintained.
(6) If the subdivider is to assign its obligations to a homeowners association or property owners' association, that association shall be a Virginia nonstock corporation, which association shall be subject to restrictive covenants and easements approved by the subdivision agent and recorded with the record plat. The covenants and restrictions of the homeowners' association shall ensure the continued maintenance of any improvements.
(7) Identify the timing or conditions warranting maintenance of the improvement.
(8) State a method for prorating expenses among the lot owners, including if and when there is further division of any lot or the number of units per lot increases.
(9) State that the county, its agents, employees and contractors shall have the perpetual right of ingress and egress over the property and the right to inspect the condition of improvement in order to insure that it is properly maintained and functioning.
(10) State that if the subdivider, its assigns and successors in title fail to correct or provide a plan of action which will remedy any non-compliant situation or condition within 60 days of a notice and demand to do so, the county may enter the property to perform all maintenance, construction and reconstruction that the county deems necessary, and that the county shall then assess the subdivider, its heirs, assigns, and successors in title for the cost of the work, both direct and indirect. Said assessment shall be a lien against all properties described within this maintenance agreement and may be placed on the property tax bills of said properties and collected as ordinary taxes by the county.
(11) State that the subdivider, its assigns and successors in title shall indemnify, save harmless and defend the county from and against any and all claims, demands, and payments, including attorneys' fees, claimed or made against the county that are alleged or proved to result or arise from the construction, maintenance, or use of the improvement.
(12) State that the terms of the maintenance contained herein shall run with the land and the subdivider further agrees that whenever any lot in the subdivision shall be sold or conveyed, it shall be subject to the covenants, stipulations, agreements and provisions of the maintenance agreement, which shall apply to, bind and be obligatory upon the all present and subsequent owners of the property.
(C) If the instrument pertains to the maintenance of one or more private roads or alleys, it shall contain, in addition to the contents required by division (B) of this section, a statement that for purposes of the instrument, maintenance shall include maintenance of the roads, alleys, curbs, gutters, drainage facilities, utilities or other road improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the road or alley reasonably open for usage by all vehicles, including emergency services vehicles.
(D) The instrument shall be subject to review and approval by Northampton County Attorney and shall be in a form and style so that it may be recorded in the office of the Clerk of the Circuit Court of Northampton County.
(E) Maintenance of improvements shall include replacement, reconstruction and the correction of defects or damage.
(Ord. passed 11-15-2006; Am. Ord. passed 11-10-2020; Am. Ord. passed 12-8-2020)