§ 54-253. Surety for maintenance of roads until accepted into state system.  


Latest version.
  • 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 not acceptable into the secondary system of state highways, the subdivider shall, prior to approval of the final plat or prior to the final release of surety as provided in this article, provide surety for the maintenance of the road or roads as provided herein:

    A)

    The subdivider shall furnish to the agent a certified check, bond with surety satisfactory to the county, or a letter of credit satisfactory to the county, or collaterally assign funds in a manner satisfactory to the county, in an amount established by the Virginia Department of Transportation sufficient for and conditioned upon the maintenance of the road or roads until it is accepted into the secondary system of state highways, and assume the subdivider's liability for maintenance of the road or roads. The form and the type of the surety shall be to the satisfaction of and be approved by the county attorney.

    B)

    For purposes of this section, the term "maintenance" means maintenance of the roads, curb, curb and gutter, sidewalks, drainage facilities, utilities or other road improvements, including the reconstruction and repaving of any road which is required by the Virginia Department of Transportation before the road may be 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.

    (Res. No. 10-01, § c, 6-14-2011, eff. 8-1-2011)

(Res. No. 10-01, § c, 6-14-2011, eff. 8-1-2011)