(A) If one or more public roads within a subdivision are proposed for dedication or have been dedicated for public use and the road or roads, due to factors other than quality of construction, is or are not acceptable into the secondary system of state highways, the subdivider shall, prior to approval of the plat or prior to the record release of surety as provided in § 156.123, provide surety for the maintenance of the road or roads as provided herein.
(B) The subdivider shall furnish to the subdivision agent a certified check, bond with surety satisfactory to Northampton County, or a letter of credit satisfactory to Northampton County, in an amount sufficient for and conditioned upon the maintenance of the road or roads until it is accepted into the secondary system of state highways, and the Virginia Department of Transportation assumes the subdivider's liability for maintenance of the road or roads. The form and the type ofthe surety shall be to the satisfaction of and be approved by Northampton County Attorney.
(C) For purposes of this section, the term "maintenance" means maintenance of the roads, curb, gutter, drainage facilities, utilities or other road improvements, including the reconstruction and repaving of any public road or private road which is required by the Virginia Department of Transportation before the road is accepted into the secondary system of state highways, and the correction of defects or damage, and the removal of snow, water or debris so as to keep the road reasonably open for public usage.
(Ord. passed 11- 15-2006; Am. Ord. passed 11-10-2020; Am. Ord. passed 12-8-2020)