2020 has included multiple interactions between LJCA, LJRC, and PWC.
Below you will find information shared throughout the year.
Posted 9/25/2020
ROAD MAINTENANCE AGREEMENT INFORMATION
Three sections are included: Section 1 is a letter from the Road Committee; Section 2 is a summary of the comments from owners after receiving post card post cards regarding revision of the road maintenance agreement and; 3. Proposed Revised Road Maintenance Agreement.
Section I: Letter from the Road Committee
Dear Marc Aveni and Jim Trengrove:
The Lake Jackson Sanitary District Advisory Committee (The Road Committee) has reviewed the comments provided by residents and property owners in the Lake Jackson community, as a result of the post card mailing by Prince William County regarding the subject draft Agreement. We have also read comments posted on the Lake Jackson Facebook account and participated in the discussion on the subject during the Lake Jackson Citizen Association July 28, 2020 zoom Meeting.
We note that the Association and County have revised the initial draft agreement to remove the proposed $3,000 fee associated with potential damage to roads that property owners and/or developers would have to pay the County to develop their property. Also, the revised draft contains additional language to clarify what is meant by “reasonable passable condition” in reference to road maintenance.
The Road Committee endorses the current draft agreement. The Committee believes it will formalize the road maintenance procedures, standards and inspections. It would also allow the County to move forward with road enhancements, such as upgrading gravel roads to tar and chip.
The Road Committee recommends that the County and the Lake Jackson Citizen Association conclude negotiation and sign the Agreement.
Agreed to by the Lake Jackson Sanitary District Advisory Committee Members (The Road Committee)
Michael Trentacoste, Chair
Bill Berry
Eve Shelton
Howard Smith
Cc: Supervisor Vega
Fred Cooper
Section 2: Road Maintenance Agreement: Summary of Post Card comments
1. Question why agreement is needed now, in light of the fact the County is already maintaining the roads.
2. Question whether County will stop maintaining/plowing roads without an agreement.
3. Many questions regarding why Association pays for liability insurance and why County staff needs to be included.
5. Concern regarding paying $3,000 fee for road damage to develop property.
6. Concern that the roads on platted, but unbuilt areas would need to be 20ft and to 25 mph speed and concern that there may be pressure to expand existing roads and take private property in the process.
Q&As
Q. Under the proposed Agreement, would the County have the ability to spend all the Lake Jackson Service District (LJSD) tax revenues?
A. The County currently has the ability to spend any and all LJSD tax revenues that are approved in the Prince William County approved budget. The LJSD Advisory Committee "provide[s] advice and recommendations." Under the proposed draft Agreement, the County would continue to have that authority, but “shall” consider input from both the LJCA and LJSD Advisory Committee. The normal budget process requires a proposal from DPW, publication by the county, consideration by the BOCS, public hearing, and a vote on a budget resolution. The budget resolution can include all the funds collected through taxes.
Q. Under the proposed Agreement, would the County have the ability to use funds beyond what is available through tax revenues and have the County get reimbursed from future year tax revenues?
A. Yes; the County currently has this capability to spend funds beyond those currently available and have the County get reimbursed from future year tax revenues, using the procedure stated above. The Agreement specifies that this power would only be used if a “Road becomes an imminent threat to public safety.” County action would only occur after considering input from the LJCA and LJSD Advisory Committee.
An example of such a need would be an incident, such as major rain event, that washed out Cobb Road by the flood house and prevented movement of traffic and emergency vehicles into the community. Instead of the BOCS trying to pass an emergency tax on Lake Jackson property owners, the County would be able to use its funds then determine repayment and tax implications in the future year. In both the current case and under the service agreement, the DPW’s capability to overspend its authorized budget is strictly limited by County budget practices, which require BOCS resolutions and hearings.
Q. Why does the LJCA now need to have an Agreement with the County for Road Maintenance?
A. Due to the lawsuit filed against LJCA and Prince William County concerning a tree that fell and seriously injured a person, the Dept. of Public Works, acting as agent for the Board of County Supervisors in executing the LJ Sanitary and Service District provisions, and with the strong encouragement and assistance of the County’s Legal Office, wants to have a more clearly defined and formal arrangement for having its staff and contractors enter LJCA properties. The County has had such an Agreement with the Bull Run Mountain Service District (the only other Road Maintenance purpose service district in the County) for years. The Agreement, which was initially proposed by the County in 2006, would provide clear terms for the Association and the Advisory Committee’s dealings with the County/Dept. of Public Works on maintenance of the roads.
Q. Would the proposed Agreement reduce the influence of LJCA on maintenance of its roads?
A. No, it would not. According to existing ordinances, there is no formal requirement for inclusion of LJCA input. The proposed Agreement would actually provide clear terms and a formal voice for the Association’s involvement in determining the maintenance level of its roads. Currently, the LJCA, as well as non-member property owners, provide input to the LJSD Advisory Committee which in turn provides recommendations to the County. This would continue; the Association Is encouraged to nominate residents from the district to the Advisory Committee.
Q. How is the Association represented on the LJSD Advisory Committee (Road Committee)?
A. Currently, there are four members on the Advisory Committee; three are LJCA members. The Advisory Committee can have up to 12 members.
Q. Would the Agreement enable the County to unilaterally increase (or decrease) the Service District tax rate?
A. The County already has the authority and responsibility through the County’s budget processes to modify the tax levy. However, this process requires notice of any proposed change, and opportunity for public input, before the Board of County Supervisors changes the tax rate. The Agreement does not create any new powers in that regard.
Q. How can the opinions regarding road maintenance of the many property owners and residents who are “not” LJCA members be heard?
A. As defined in the BOC Supervisor resolution creating the LJSD Advisory Committee (Road Committee), one of the Committee’s responsibilities is to obtain and consider the opinions of all property owners and residents, whether or not LJCA members. The current Road Committee has initiated means to obtain input from all residents and taxpayers through road posting of Committee meetings and by working with the County to send notifications to all LJ property owners. The proposed Agreement strengthens the LJSD Advisory Committees role in seeking all citizen input by specifying that “LJSDAC shall seek information about … the desires of the residents regarding road maintenance and levels of service."
Q. Under the proposed Agreement, could the County/DPW unilaterally decide to use tax revenues for such things as cutting back trees to create expanded sight distances and other relatively minor purposes?
A. No. The County/DPW currently has the authority to ensure road safety, including tree and brush clearing on LJCA road rights-of-way property. The Agreement would not extend maintenance rights on private properties. Furthermore, the Agreement would require, as it has traditionally done, that DPW inform the Road Committee of any future maintenance at least quarterly. Thus, the Road Committee would have opportunity to seek input on any tree and brush clearing. The current practice includes a great deal of interaction that the County could unilaterally curtail at any time. The draft Agreement would solidify LJCA and Advisory Committee roles by requiring notice and advice from the community.
Q. Could the draft Agreement lead to the County increasing its access to the Lake and opening it to public access?
A. No; the draft Agreement specifically states that: “None of the provisions of this agreement stated herein shall have any application to, or affect in any way, the access rights to waterbody known as Lake Jackson or the access rights of those who own docks, slips, ramps or other access points to Lake Jackson.” Of course, fire and police access to the Lake would continue for any emergency response.
Q. Would LJCA be stuck with the Agreement forever?
A. No; the term of the Agreement would be “one year” and shall be automatically extended for successive annual terms. Modifications can be made to the Agreement when signed by all parties.
Q. Would the Agreement require a property owner who seeks to develop his/her property that is on a plated, but unbuilt road, to pay for construction of a 20-foot road built to 25 MPH standards?
A. The draft Agreement would require such property owners to build and pay for new road access to their development. The design speed, however, “shall be less than twenty-five (25) miles per hour. (Underscore added). The desire is for new roads to fit with the general look of community roads, but built to a higher quality standard to improve safety and minimize maintenance costs. The roads could still be gravel, but greater width and depth of gravel would enable proper grading and ditch construction which is a problem on many existing roads and causes drainage problems and high maintenance costs.
Q. Would the Agreement require a property owner who seeks to develop his/her property, to pay a fee for use of Lake Jackson roads by construction equipment?
A. No; the initially proposed $3,000 “road maintenance assessment” or fee for issuance of a building permit for new home construction in the Service District on lots which are not entirely upon a state-maintained road has been deleted from the Agreement.
Q. Does the proposed Agreement require that the Association retain a liability insurance policy and specifically cover County staff and contractors.
A. The Association already has liability insurance at the $1 million level; the Agreement would not increase that coverage. As the corporate owner of the Lake Jackson roads, the Association needs to protect itself against law suits. Since the County staff and its contractors are performing road maintenance at the request of and on behalf of the Association, it is appropriate for those parties to be sited in the policy. Specifically including mentioning of the County does not increase the premiums of the policy.
Q. If the Association does not sign the Agreement, will the County stop maintenance of Lake Jackson roads including snow plowing?
A. There is no requirement for the County to oversee the maintenance of Lake Jackson roads. Managers at the Dept. of Public Works and the County’s legal office have strongly sought execution of the formal Agreement over the last two years. DPW has indicated that without a signed Agreement, they would have no requirement to continue its oversight role.
Section 3: Revised Agreement
LAKE JACKSON SANITARY DISTRICT/SERVICE DISTRICTROAD MAINTENANCE AGREEMENT
THIS AGREEMENT made this __ day of ____________, 2020, by and among the Board of County Supervisors acting as the governing body of the Lake Jackson Sanitary District and the Lake Jackson Service District (hereafter collectively the “Service District”) and the Lake Jackson Citizens Association, Inc. (hereinafter “Citizens Association”).
WITNESSETH:
WHEREAS, the majority of the roads in the Lake Jackson Hills subdivision were originally owned and maintained by the developer, Lake Jackson Hills, Inc., and are open to the public, but do not meet the construction standards and are not a part of the Secondary Road System maintained by the Virginia Department of Transportation; and
WHEREAS, the Lake Jackson Sanitary District was duly created by an Order entered on May 30, 1991 by the Circuit Court of Prince William County pursuant to a petition filed by the citizens of the Lake Jackson Hills subdivision, with the concurrence of the Board of County Supervisors of Prince William County and the owners of Lake Jackson Hills, Inc., for the purpose of providing an entity that could levy a tax and issue bonds within the Lake Jackson Hills subdivision to provide funds to maintain the existing non-state maintained roads to a reasonably passable standard; and
WHEREAS, the Board of County Supervisors established the Lake Jackson Sanitary District Advisory Committee (the “LJSDAC”) pursuant to Res. No. 92-369 to gather input from the community and provide advice to the Board of County Supervisors regarding maintenance of roads within the Lake Jackson Hills subdivision;
WHEREAS, the Lake Jackson Service District was established pursuant to Va. Code §15.1-18.2, now § 15.2-2400 et seq., by ordinance duly adopted by the Board of County Supervisors of Prince William County on April 7, 1997 for the purpose of providing an additional entity that could levy a tax within the Lake Jackson Hills subdivision to provide funds to maintain the existing non-state maintained roads to a reasonably passable standard; and
WHEREAS, the boundaries of the Lake Jackson Sanitary District and the Lake Jackson Service District are identical and are essentially identical to those of the Lake Jackson Hills subdivision; and
WHEREAS, the Board of County Supervisors, acting as the governing body of the Service District as provided for in Va. Code § 15.2-2400 et seq., has levied Service District taxes within the Lake Jackson Hills subdivision and has used those funds to provide repairs, maintenance, and improvements to the existing non-state maintained roads and has created an advisory committee of citizens residing in the Lake Jackson Hills subdivision to provide recommendations and advice with respect to the road maintenance; and
WHEREAS, Lake Jackson Hills, Inc., has conveyed title to the roads to the Citizens Association by quitclaim deed dated August 27, 2003, recorded on December 29, 2003 among the land records of Prince William County and the Citizens Association desires to establish procedures governing its relationship with the Service District with respect to the non-state maintained roads;
NOW THEREFORE, in consideration of the foregoing, and the mutual promises contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
Maintenance of Roads and Provision of Services
1. The Citizens Association understands, agrees and acknowledges that the roads in Lake Jackson Hills subdivision are open to public use but are privately owned and are not a part of the State Secondary Road System maintained by the Virginia Department of Transportation. The Citizens Association further understands, agrees and acknowledges that the roads in Lake Jackson Hills subdivision are not built to state standards with respect to construction, right-of-way, grade, sight distance, etc., and cannot reasonably be improved and brought into the State Secondary Road System. The Citizens Association, as the record owner of the subject roads which are not a part of the State Secondary Road System desires the Service District to continue to maintain those roads to a reasonably passable standard and acknowledges that the Service District has the right to do so to protect the health, safety and welfare of the public as provided by law.
2. To the extent permitted or required by law, the Citizens Association hereby assigns to the Service District the right to maintain all of the existing, non-state maintained roads in the Lake Jackson Hills subdivision. For purposes of this agreement, the existing roads that will be maintained by the Service District are those roads that are currently in active use as roads by the residents of the Lake Jackson Hills subdivision and the traveling public. Roads that have been shown on a plat but are currently unbuilt, and roads, or portions of roads, that, though shown on a plat, are not currently maintained and serve only as a “driveway” to a single property owner shall not be maintained except as provided herein. The roads that are currently in existence and that will be maintained by the Service District are listed on Attachment A by length and type. Additional roads may be added to the roads that will be maintained by the Service District as hereafter provided.
3. Such maintenance shall be sufficient to maintain the roads in a reasonably passable condition that permits the roads to be open to vehicular traffic, taking into consideration public safety, the limitations on the amount of the levy funds available for that purpose, and the desires of the community. The Service District shall have the ultimate responsibility for the allocation and use of the Service District tax levy funds available for road maintenance, but shall take into consideration the desires of the Citizens Association and the LJSDAC with respect to levels of service and priority of roads to be maintained. In the event the condition of any road becomes an imminent threat to public safety, the Service District may expend any and all funds available to it to improve that condition. In addition to the use of available Service District funds, the Service District may, but is not obligated to, use other County funds, or any other source available, to be repaid out of the next year’s service district levy.
4. The parties agree that the Service District may, in its sole judgment, contract with the Department of Public Works of Prince William County, or third party contractors, or both to perform the road maintenance contemplated hereunder.
5. The Citizens Association agrees that, for the duration of this Agreement, the Service District shall be solely responsible for providing road maintenance as contemplated herein on the existing non-state maintained roads within the Service District. In order not to interfere with that responsibility, the Citizens Association shall not perform, or contract for the performance of road maintenance on any existing non-state maintained road within the Service District without the express, prior written approval of the Service District or its agent.
6. The obligation of the Service District to perform road maintenance on the non-state maintained roads in the Lake Jackson Hills subdivision shall be specifically limited by the funds that are made available to it from the special tax levied on real property within the Lake Jackson Hills subdivision. Neither the Service District, nor the Board of County Supervisors acting as the governing body of Prince William County shall have any obligation to expend other funds for the maintenance of the non-state maintained roads within the Lake Jackson Hills subdivision., Nothing in this agreement shall be construed to prohibit the use of Transportation and Roadway Improvement Program (TRIP) funds for road improvements within the Lake Jackson Hills subdivision.
7. Notwithstanding the limitations on the responsibility of the Service District to perform road maintenance on the non-state maintained roads within the Lake Jackson Hills subdivision contained herein, the Service District may, but shall not be obligated to, perform additional road maintenance at the request of the Citizens Association, the LJSDAC, or any individual property owner within the Service District provided the entire cost of such additional road maintenance, including any administrative expenses, is paid by the Citizens Association or the property owner.
8. None of the provisions of this agreement stated herein shall have any application to, or affect in any way, the access rights to waterbody known as Lake Jackson or the access rights of those who own docks, slips, ramps or other access points to Lake Jackson.
1. The Department of Public Words, or other appropriate County Agency, shall seek input from the LJSDAC in formulation of future year road maintenance budgets and the corresponding Service District tax levy, and shall provide the LJSDAC with actual and proposed road maintenance expenditures and seek committee advice on future maintenance as needed or at a minimum quarterly.
Term The term of this Agreement shall be one year which shall begin on the date this agreement is signed by all parties. This Agreement shall be automatically extended for successive annual terms thereafter unless otherwise terminated as provided herein.
LJSDAC Role
1. The Board of County Supervisors, as the governing body of the Service District, will continue to appoint the members of the LJSDAC, whose role is to provide advice and recommendations with respect to the amount of the special tax levy to be imposed in the Service District, the level of road maintenance desired by the Lake Jackson Hills residents, the priority to be assigned to the various maintenance projects, and on such other matters as the Board of County Supervisors may desire. The Citizens Association shall, at such times as the Board of County Supervisors may request, nominate citizens residing within the Lake Jackson Hills subdivision for appointment to the LJSDAC. Such nominees shall reside in and be broadly representative of the various areas within the Lake Jackson Hills subdivision; such nominees may be, but are not required to, be members or officers of the Citizens Association.
2. The LJSDAC shall appoint from among its membership a chairman, and an individual to serve as the point of contact and county liaison. The LJSDAC shall adopt such rules of procedure as it deems appropriate. All meetings of the LJDAC shall be open to the public and reasonable notice of such meetings shall be posted and included in any newsletter that may be published by the Citizens Association.
3. The LJSDAC shall seek information about the condition of the roads, the recommendations of the Citizens Association, the desires of the residents regarding road maintenance and levels of service, the costs of any proposed maintenance projects, the amount of funds generated by the Service District levy, and any other information that it deems relevant with respect to the maintenance of the roads. The LJSDAC shall formulate recommendations for the maintenance of the roads for the following year which shall be submitted no later than August 30th to the Service District’s point of contact in the Prince William County Department of Public Works and to the Citizens Association. Those recommendations, together with any additional comments and recommendations from the Department of Public Works and/or the Citizens Association shall be submitted to the Board of County Supervisors as a part of the County’s annual budget process.
The Board of County Supervisors, acting as the governing body of the Service District, will consider all of the recommendations that it receives, together with any other information that it knows or could have known, in determining the maintenance to be performed in the coming year, whether the work should be performed by the Department of Public Works or some other entity, and the rate of the Service District levy to be imposed.
Lot Development and Maintenance of Platted but Unbuilt Roads
The parties hereto hereby enact and adopt the “Lake Jackson Service District Policies Relating to Lot Development and Road Maintenance”, which policies are attached hereto as Attachment B, and are incorporated herein by reference. These policies apply to the construction of new residences on existing roads maintained by the Service District and to the construction of new residences on platted but unbuilt roads within the Service district. The policies provide for the bonding required, the road maintenance assessment and design standards for new road construction in the Service District.
Requests for Abandonment and/or Vacation of Platted but Unbuilt Roads
The parties hereto hereby enact and adopt the “Lake Jackson Service District Policies Relating to Abandonment and Vacation of platted but Unbuilt Roads”, which policies are attached hereto as Exhibit C, and are incorporated herein by reference.
Modifications or Changes to this Agreement
All modifications and changes to this agreement shall be in writing and signed by all parties
Termination for Non-Appropriation of Funds
If the Service District does not impose its annual tax levy upon the residents of the Service District or if it does not otherwise collect a tax from the residents for a particular fiscal year, the obligations of the parties under this agreement shall cease until such time as a levy is imposed.
Breach of Agreement
The Citizens Association hereby agrees to indemnify and hold harmless the Service District, Prince William County, Virginia, its officers, agents and all employees and volunteers, from any and all injuries, damages and losses however or by whomever sustained, including cost of investigation, all reasonable attorneys fees, and the cost of appeals arising out of negligent acts or negligent omissions of the Citizens Association in relation to its maintenance of the property of the Citizens Association.
Insurance
The Citizens Association will obtain, maintain, and provide proof of, an insurance policy with an A+ insurer, with a minimum $1,000,000 (one million dollar) coverage, to insure against all claims against it arising from its ownership of the land upon which the roads identified on Attachment A, as it may be amended, reside. This policy shall list the Service District and the County as additional insured.
Third Party Beneficiary
This Agreement is not intended to and shall not be construed to give any Third Party any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
Designated Representatives
The parties hereby designate the following individuals to receive any notice or other communication permitted or required by this Agreement. Such designation may be changed by a party at any time by written notice to the other party.
If to the Service District:
Lake Jackson Service District
County Executive of Prince William County 1 County Complex CourtPrince William, VA 22192
With a copy to:County Attorney 1 County Complex Court Prince William, VA 22192
And
Director of Public Works
5 County Complex Suite 260
Prince William, VA 22192
If to the Citizens Association:
______________________, President
Lake Jackson Citizens Association
____________________________
____________________________
With a copy to:
Michael J. Coughlin
4310 Prince William Parkway, Suite 300
Woodbridge, VA 22192
[email protected]
Entire Agreement
This Agreement constitutes the whole agreement between the parties. There are no promises, terms, conditions or other obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, whether written or verbal, between the parties hereto.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by officers duly authorized to so act, on the date and year first above written.
LAKE JACKSON CITIZENS ASSOCIATION, INC.
By: ____________________________
President
BOARD OF COUNTY SUPERVISORS, Acting as the Governing Body of the
LAKE JACKSON SERVICE DISTRICT
And the
LAKE JACKSON SANITARY DISTRICT
By: ____________________________
Chairman
ATTACHMENT A
Lake Jackson Service District
Road name Length-LF Type T&C-LF
Cobb Road - Short to end 1825 gravel
Linda Place 320 gravel
Short Street - Cobb to Waterside tar&chip 800
Scenic View 265 gravel
Waterside Drive tar&chip 940
Jacqueline Ave. - Stanbaugh to end 640 gravel
Stanbaugh Lane 415 gravel
Lovers Lane 310 gravel
Mastbrook Lane 1515 gravel
Jacqueline - Cobb to Stanbaugh tar&chip 1360
Cobb Road - Rt. 234 to Jacqueline Ave. tar&chip 2150
Foneswood Lane 410 gravel
Kid Place 350 gravel
High Street 200 gravel
Longtree Road 230 gravel
Point View Drive 200 gravel
Moffitt Lane
Laurel Lane 600 gravel
Pappas Drive 635 gravel
Barron Street tar&chip 754
Depot Place tar&chip 800
Hogan Place 610 gravel
Hickory Hill Drive 535 gravel
Fox Street tar&chip 1300
Temple Loop 775 gravel
Temple Loop-Fox to Big Beach tar&chip 365
Temple Loop pipestem 165 gravel
Waterview Drive-230' paved VDOT
Haire Street 870 tar&chip 870
Piney Avenue 260 gravel
Alpaugh Street 385 gravel
Highview Street 210 gravel
Damview Place 330 gravel
Harton Street 1225 gravel
Middle Avenue 450 gravel
Kimberly Street 150 gravel
Lenore Street 400 gravel
Sals Place 275 gravel
Thunder Drive 1125 gravel
North Point Road. 2950 tar&chip 2950
Lake Shore Drive 985 gravel
Hara Street 250 gravel
Abbie Lane 400 gravel
Sunderman Place 150 gravel
Mullen Street 275 gravel
Rebecca Street 740 gravel
Robert Place 505 gravel
Geller Circle 605 gravel
Cecil Road 950 gravel
Purse Drive 875 tar&chip 875
Cecil off of Purse 295 gravel
Luther Drive 675 gravel
Jansen Street 1000 gravel
Margarite Street tar&chip 1250
Brunger Street 700 gravel
Pearl Street 235 gravel
Elizabeth Street-675' by property owners concrete
Maya Lane 835 gravel
Mandy Lane 315 gravel
Kathy Street 425 gravel
Happy Place 315 gravel
Manning Road tar&chip 1885
Charles Wack Street 950 gravel
Patricia Street 750 gravel
Mandy Lane 1225 gravel
Coleman Street north to Elaine tar&chip 350
Coleman Street south 560 gravel
Elaine Avenue 715 gravel
Mente Road tar&chip 2075
Lester Road - Hilltop to Mente tar&chip 2495
Lester Road connector from Mente to Hilltop 500 gravel
Songer Lane 450 gravel
McGrath Road (after Coleman) tar&chip 1160
Round Top Road 1040 gravel
Hilltop Drive tar&chip 1190
Hunt Road - off of Hilltop 300 gravel
Hilltop Drive - Lester to end 500 gravel
Christine Place tar&chip 700
Shirley Avenue tar&chip 800
Helen Street tar&chip 500
Carol Avenue 970 gravel
Lester Road from Mente Road 735 gravel
Evelyn Road 890 gravel
Potter Drive 550 gravel
Mente South End at Boat Ramp tar&chip 600
Gravel> 39295 Tar&chip> 26169
65104 60% 40%
ATTACHMENT B
Lake Jackson Service District Policies
Relating to Lot Development and Road Maintenance
Development of existing subdivided lots within the Service District results in adverse impacts to existing roads maintained with Service District revenue. Such development also may necessitate the construction of platted, unbuilt roads in the Service District, the maintenance of which roads is thereafter funded with Service District revenue. In order to mitigate the adverse impact of lot development on the existing roads, and to ensure that the new roads are built to a minimum standard before being accepted for maintenance, these regulations shall apply to all new home construction in the Lake Jackson Service District (the “Service District”).
A. Design Standards for new road construction
As a condition of permit approval for new construction upon a lot which fronts on an unbuilt platted road within the Lake Jackson Service District, the developer agrees to build the portion of the platted road from the point where such platted road intersects with an existing Service District maintained road to the lot in accordance with the following design standards:
1. Design speed standards
The design speed shall be less than twenty-five (25) miles per hour.
2. Lane width
The lane width shall be nine (9) feet to the center line of the road. The total roadway width shall be eighteen (18) feet.
3. Shoulders
All shoulders shall be one (1) foot on each side where possible. Total width of gravel surface shall be twenty (20) feet.
4. Road Ditches
All shoulders of a ditch type shall consist of a 2:1 slope, and sized to handle normal drainage flow.
5. Grade or crown of street
The grade or crown for streets shall be 1/2”:1’ as graded from the center line.
6. Roadway intersection culverts
On all new roadways which intersect an existing roadway, an appropriately-sized culvert shall be installed for purposes of handling water flowing in the open ditch, if deemed necessary by the Director of the Department of Public Works.
7. Driveways
Driveways shall not sheet water flow onto the roadway. Off-site drainage entering the right-of-way must be routed to roadside ditches. Provisions must be made to accommodate adequate flow in all drainage systems.
8. Roadway base material
Roadway base shall consist of eight (8) inches of “21a” material placed on a stable base.
9. Plan required
A plan depicting the proposed road construction in accordance with the Service District design standards shall be required as an attachment to the lot grading plan.
B. Road Maintenance Assessment
A road maintenance assessment shall meet the following requirements:
1. A non-refundable road maintenance fee shall be assessed to the developer upon issuance of a building permit for new home construction in the Service District.
2. The road maintenance assessment shall be in the amount of $3,000. for purposes of repairing or reconstructing roads in the Service District as needed due to use and damage related to new construction traffic.
3. The road maintenance assessment shall be reviewed annually for the sufficiency of the amount and the status of the roads in the Service District.
4. Permits for new construction on lots which front entirely upon a state-maintained road in the Service District shall not be subject to the road maintenance assessment.
BC. Subdivision
In the event land in the service district is subdivided, all parcels in the subdivision shall be subject to all provisions and design standards of these regulations.
ATTACHMENT C
Lake Jackson Service District Policies Relating to Requests for the Abandonment / Vacation of Platted but Unbuilt Roads
Any request for the abandonment/vacation of any portion of a platted but unbuilt road within the Lake Jackson Hills subdivision shall be made simultaneously to the Citizens Association and to the Director of Public Works of Prince William County. Such request shall state the reason therefore and shall be accompanied by a plat, map or sketch in sufficient detail as to clearly show the portion of the platted road that is proposed to be abandoned and its location with respect to other platted existing and/or unbuilt roads in the neighborhood; the name and address of each property owner that abuts the road that is proposed to be abandoned/vacated; and the name and address of any property owner that may be directly and adversely affected by the proposed abandonment/vacation.
The Citizens Association shall adopt such procedures as it deems appropriate to review the request and conduct such investigation as it deems necessary to determine whether the proposed abandonment/vacation of the platted but unbuilt road will have an adverse impact on any property owner or on the circulation of traffic within the Lake Jackson Hills subdivision. The Citizens Association shall provide a recommendation on the proposed abandonment/vacation to the Director of Public Works who shall include that recommendation in any staff report to the Board of County Supervisors regarding the proposed abandonment/vacation.
The Director of Public Works shall cause the request for abandonment/vacation to be reviewed in the same manner as requests for abandonment and/or vacation are reviewed in other locations in the County and shall consider the recommendation of the Citizens Association in formulating his recommendation to the Board of County Supervisors.
The Board of County Supervisors will hear the request for the abandonment/vacation of a platted but unbuilt road in the manner provided by law, and will consider the recommendations of its staff, the Citizens Association and any public testimony. Any individual aggrieved by the decision of the Board of County Supervisors may appeal to the Circuit Court of Prince William County as provided by law.
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August 11, 2020
As lawyers for Prince William County and LJCA consider possible revisions to a proposed Road Maintenance Agreement, here is a list of often asked questions concerning the agreement in its current form and answers as provided by the Lake Jackson Road Committee.
Q. Under the proposed agreement, would the County have the ability to spend all the Lake Jackson Service District (LJSD) tax revenues?
A. The County currently has the ability to spend any and all LJSD tax revenues that are approved in the Prince William County approved budget. The LJSD Advisory Committee "provide[s] advice and recommendations." Under the proposed draft Agreement, the County would continue to have that authority, but “shall” consider input from both the LJCA and LJSD Advisory Committee. The normal budget process requires a proposal from DPW, publication by the county, consideration by the BOCS, public hearing, and a vote on a budget resolution. The budget resolution can include all the funds collected through taxes.
Q. Under the proposed agreement, would the County have the ability to use funds beyond what is available through tax revenues and have the County get reimbursed from future year tax revenues?
A. Yes, the County has this capability now using the procedure stated above, and would continue to be able to spend funds beyond those currently available and have the County get reimbursed from future year tax revenues. The agreement specifies that this power would only be used if a “Road becomes an imminent threat to public safety.” County action would only occur after considering input from the LJCA and LJSD Advisory Committee.
An example of such a need would be an incident, such as major rain event, that washed out Cobb Road by the flood house and prevented movement of traffic and emergency vehicles into the community. Instead of the BOCS trying to pass an emergency tax on Lake Jackson property owners, the County would be able to use its funds then determine repayment and tax implications in the future year. In both the current case and under the service agreement, the DPW’s capability to overspend its authorized budget is strictly limited by County budget practices, which require BOCS resolutions and hearings.
Q. Why does the LJCA now need to have an agreement with the County for Road Maintenance?
A. Due to the past lawsuit filed against LJCA and Prince William County concerning a tree that fell and seriously injured a person, the Dept. of Public Works, acting as agent for the Board of County Supervisors in executing the LJ Sanitary and Service District provisions, and with the strong encouragement of the County Legal Office, wants to have a more clearly defined arrangement for having its staff and contractors enter LJCA properties for maintenance of its roads. The County has had such an agreement with the Bull Run Mountain Service District (the only other Road Maintenance purpose service district in the County) for years. The proposed Agreement would provide clear terms for the Association and the Advisory Committee’s dealings with the County/DPW on maintenance of the roads.
Q. Would the proposed Agreement reduce the influence of LJCA on maintenance of its roads?
A. No, it would not. Currently, there is no formal role nor requirement for inclusion of LJCA input according to existing ordinances. The proposed Agreement would actually provide clear terms and a formal voice for the
Association’s involvement in determining the maintenance level of its roads. Currently, the LJCA provides input to the LJSD Advisory Committee which in turn provides recommendations to the County. This would continue; the Association Is encouraged to nominate residents from the district to the Advisory Committee.
Q. How is the Association represented on the LJSD Advisory Committee (Road Committee)?
A. Currently, there are four members on the Advisory Committee; three are LJCA members. The Advisory Committee can have up to 12 members.
Q. Would the agreement allow the County to unilaterally increase (or decrease) the Service District tax rate?
A. The County can today, through the regular process of advertisement and hearings, raise or lower the tax rate to respond to the requirements of the annual budget that DPW generates. This agreement does not create any new powers in that regard.
Q. How can the opinions regarding road maintenance of the many property owners and residents who are “not” LJCA members be heard?
A. One of the responsibilities of the LJSD Advisory Committee (Road Committee) as defined in its enabling BOC Supervisor resolution, is to obtain and consider the opinions of all those property owners and residents. The current Road Committee has initiated means to obtain input from all residents and taxpayers through road posting of Committee meetings and by seeking to send notifications to all LJ property owners using the real property mailing lists from the County. The proposed agreement strengthens the LJSD Advisory Committees role in seeking all citizen input by specifying that "LJSDAC shall seek information about ... the desires of the residents regarding road maintenance and levels of service.
Q. Under the proposed Agreement, could the County/DPW unilaterally decide to use tax revenues for such things as cutting back trees to create expanded sight distances and other relatively minor purposes?
A. Legally, there is no current requirement for the BOCS and DPW to follow requests by LJCA or LJSD Advisory Committee regarding how funds are spent. There is also no requirement for them to inquire about the importance of projects. The LJSD Advisory Committee cannot approve or disapprove DPW actions, although the County has traditionally sought Advisory Committee advice. The current practice includes a great deal of interaction that the County could unilaterally curtail at any time. The draft Agreement would solidify LJCA and Advisory Committee roles by requiring notice and advice from the community.
Q. Could the draft Agreement lead to the County increasing its access to the Lake and opening it to public access?
A. The draft agreement specifically states that: “None of the provisions of this agreement stated herein shall have any application to, or affect in any way, the access rights to waterbody known as Lake Jackson or the access rights of those who own docks, slips, ramps or other access points to Lake Jackson.” Of course, fire and police access to the Lake would continue for any emergency response.
Q. Would LJCA be stuck with the Agreement forever?
A. The term of the Agreement would be “one year” and shall be automatically extended for successive annual terms. Modifications can be made to the Agreement when signed by all parties.
Q. Would the Agreement require a property owner who seeks to develop his/her property that is on a platted, but unbuilt road, to pay for construction of a 20 foot road built to 25 MPH standards?
A. The draft Agreement would require such property owners to build and pay for new road access to their development. The design speed, however, “shall be less than twenty-five (25) miles per hour. (Underscore added). The desire is for new roads to fit with the general look of community roads, but built to a higher quality standard to improve safety and limit increased maintenance costs. The roads could still be gravel, but greater width and depth of gravel would enable proper grading and ditch construction which is a problem on many existing roads and causes drainage problems and high maintenance costs.
Q. Would the Agreement require a property owner who seeks to develop his/her property, to pay a fee for use of Lake Jackson roads by construction equipment?
A. Yes, a “road maintenance assessment” of $3,000 would be assessed to the developer upon issuance of a building permit for new home construction in the Service District on lots which are not entirely upon a state- maintained road. This assessment is for repairing or reconstructing roads in the Service District due to use by the construction traffic.
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Thanks to all who attended the March 12 Town Hall with Supervisor Vega, The Citizens Association, PWC Department of Public Works and the Road Committee.
Review the RC's and the PWC DPW's presentations:
Lake Jackson Service District Presentation March 12
Department of Public Works Presentation March 12
Below you will find information shared throughout the year.
Posted 9/25/2020
ROAD MAINTENANCE AGREEMENT INFORMATION
Three sections are included: Section 1 is a letter from the Road Committee; Section 2 is a summary of the comments from owners after receiving post card post cards regarding revision of the road maintenance agreement and; 3. Proposed Revised Road Maintenance Agreement.
Section I: Letter from the Road Committee
Dear Marc Aveni and Jim Trengrove:
The Lake Jackson Sanitary District Advisory Committee (The Road Committee) has reviewed the comments provided by residents and property owners in the Lake Jackson community, as a result of the post card mailing by Prince William County regarding the subject draft Agreement. We have also read comments posted on the Lake Jackson Facebook account and participated in the discussion on the subject during the Lake Jackson Citizen Association July 28, 2020 zoom Meeting.
We note that the Association and County have revised the initial draft agreement to remove the proposed $3,000 fee associated with potential damage to roads that property owners and/or developers would have to pay the County to develop their property. Also, the revised draft contains additional language to clarify what is meant by “reasonable passable condition” in reference to road maintenance.
The Road Committee endorses the current draft agreement. The Committee believes it will formalize the road maintenance procedures, standards and inspections. It would also allow the County to move forward with road enhancements, such as upgrading gravel roads to tar and chip.
The Road Committee recommends that the County and the Lake Jackson Citizen Association conclude negotiation and sign the Agreement.
Agreed to by the Lake Jackson Sanitary District Advisory Committee Members (The Road Committee)
Michael Trentacoste, Chair
Bill Berry
Eve Shelton
Howard Smith
Cc: Supervisor Vega
Fred Cooper
Section 2: Road Maintenance Agreement: Summary of Post Card comments
1. Question why agreement is needed now, in light of the fact the County is already maintaining the roads.
2. Question whether County will stop maintaining/plowing roads without an agreement.
3. Many questions regarding why Association pays for liability insurance and why County staff needs to be included.
5. Concern regarding paying $3,000 fee for road damage to develop property.
6. Concern that the roads on platted, but unbuilt areas would need to be 20ft and to 25 mph speed and concern that there may be pressure to expand existing roads and take private property in the process.
Q&As
Q. Under the proposed Agreement, would the County have the ability to spend all the Lake Jackson Service District (LJSD) tax revenues?
A. The County currently has the ability to spend any and all LJSD tax revenues that are approved in the Prince William County approved budget. The LJSD Advisory Committee "provide[s] advice and recommendations." Under the proposed draft Agreement, the County would continue to have that authority, but “shall” consider input from both the LJCA and LJSD Advisory Committee. The normal budget process requires a proposal from DPW, publication by the county, consideration by the BOCS, public hearing, and a vote on a budget resolution. The budget resolution can include all the funds collected through taxes.
Q. Under the proposed Agreement, would the County have the ability to use funds beyond what is available through tax revenues and have the County get reimbursed from future year tax revenues?
A. Yes; the County currently has this capability to spend funds beyond those currently available and have the County get reimbursed from future year tax revenues, using the procedure stated above. The Agreement specifies that this power would only be used if a “Road becomes an imminent threat to public safety.” County action would only occur after considering input from the LJCA and LJSD Advisory Committee.
An example of such a need would be an incident, such as major rain event, that washed out Cobb Road by the flood house and prevented movement of traffic and emergency vehicles into the community. Instead of the BOCS trying to pass an emergency tax on Lake Jackson property owners, the County would be able to use its funds then determine repayment and tax implications in the future year. In both the current case and under the service agreement, the DPW’s capability to overspend its authorized budget is strictly limited by County budget practices, which require BOCS resolutions and hearings.
Q. Why does the LJCA now need to have an Agreement with the County for Road Maintenance?
A. Due to the lawsuit filed against LJCA and Prince William County concerning a tree that fell and seriously injured a person, the Dept. of Public Works, acting as agent for the Board of County Supervisors in executing the LJ Sanitary and Service District provisions, and with the strong encouragement and assistance of the County’s Legal Office, wants to have a more clearly defined and formal arrangement for having its staff and contractors enter LJCA properties. The County has had such an Agreement with the Bull Run Mountain Service District (the only other Road Maintenance purpose service district in the County) for years. The Agreement, which was initially proposed by the County in 2006, would provide clear terms for the Association and the Advisory Committee’s dealings with the County/Dept. of Public Works on maintenance of the roads.
Q. Would the proposed Agreement reduce the influence of LJCA on maintenance of its roads?
A. No, it would not. According to existing ordinances, there is no formal requirement for inclusion of LJCA input. The proposed Agreement would actually provide clear terms and a formal voice for the Association’s involvement in determining the maintenance level of its roads. Currently, the LJCA, as well as non-member property owners, provide input to the LJSD Advisory Committee which in turn provides recommendations to the County. This would continue; the Association Is encouraged to nominate residents from the district to the Advisory Committee.
Q. How is the Association represented on the LJSD Advisory Committee (Road Committee)?
A. Currently, there are four members on the Advisory Committee; three are LJCA members. The Advisory Committee can have up to 12 members.
Q. Would the Agreement enable the County to unilaterally increase (or decrease) the Service District tax rate?
A. The County already has the authority and responsibility through the County’s budget processes to modify the tax levy. However, this process requires notice of any proposed change, and opportunity for public input, before the Board of County Supervisors changes the tax rate. The Agreement does not create any new powers in that regard.
Q. How can the opinions regarding road maintenance of the many property owners and residents who are “not” LJCA members be heard?
A. As defined in the BOC Supervisor resolution creating the LJSD Advisory Committee (Road Committee), one of the Committee’s responsibilities is to obtain and consider the opinions of all property owners and residents, whether or not LJCA members. The current Road Committee has initiated means to obtain input from all residents and taxpayers through road posting of Committee meetings and by working with the County to send notifications to all LJ property owners. The proposed Agreement strengthens the LJSD Advisory Committees role in seeking all citizen input by specifying that “LJSDAC shall seek information about … the desires of the residents regarding road maintenance and levels of service."
Q. Under the proposed Agreement, could the County/DPW unilaterally decide to use tax revenues for such things as cutting back trees to create expanded sight distances and other relatively minor purposes?
A. No. The County/DPW currently has the authority to ensure road safety, including tree and brush clearing on LJCA road rights-of-way property. The Agreement would not extend maintenance rights on private properties. Furthermore, the Agreement would require, as it has traditionally done, that DPW inform the Road Committee of any future maintenance at least quarterly. Thus, the Road Committee would have opportunity to seek input on any tree and brush clearing. The current practice includes a great deal of interaction that the County could unilaterally curtail at any time. The draft Agreement would solidify LJCA and Advisory Committee roles by requiring notice and advice from the community.
Q. Could the draft Agreement lead to the County increasing its access to the Lake and opening it to public access?
A. No; the draft Agreement specifically states that: “None of the provisions of this agreement stated herein shall have any application to, or affect in any way, the access rights to waterbody known as Lake Jackson or the access rights of those who own docks, slips, ramps or other access points to Lake Jackson.” Of course, fire and police access to the Lake would continue for any emergency response.
Q. Would LJCA be stuck with the Agreement forever?
A. No; the term of the Agreement would be “one year” and shall be automatically extended for successive annual terms. Modifications can be made to the Agreement when signed by all parties.
Q. Would the Agreement require a property owner who seeks to develop his/her property that is on a plated, but unbuilt road, to pay for construction of a 20-foot road built to 25 MPH standards?
A. The draft Agreement would require such property owners to build and pay for new road access to their development. The design speed, however, “shall be less than twenty-five (25) miles per hour. (Underscore added). The desire is for new roads to fit with the general look of community roads, but built to a higher quality standard to improve safety and minimize maintenance costs. The roads could still be gravel, but greater width and depth of gravel would enable proper grading and ditch construction which is a problem on many existing roads and causes drainage problems and high maintenance costs.
Q. Would the Agreement require a property owner who seeks to develop his/her property, to pay a fee for use of Lake Jackson roads by construction equipment?
A. No; the initially proposed $3,000 “road maintenance assessment” or fee for issuance of a building permit for new home construction in the Service District on lots which are not entirely upon a state-maintained road has been deleted from the Agreement.
Q. Does the proposed Agreement require that the Association retain a liability insurance policy and specifically cover County staff and contractors.
A. The Association already has liability insurance at the $1 million level; the Agreement would not increase that coverage. As the corporate owner of the Lake Jackson roads, the Association needs to protect itself against law suits. Since the County staff and its contractors are performing road maintenance at the request of and on behalf of the Association, it is appropriate for those parties to be sited in the policy. Specifically including mentioning of the County does not increase the premiums of the policy.
Q. If the Association does not sign the Agreement, will the County stop maintenance of Lake Jackson roads including snow plowing?
A. There is no requirement for the County to oversee the maintenance of Lake Jackson roads. Managers at the Dept. of Public Works and the County’s legal office have strongly sought execution of the formal Agreement over the last two years. DPW has indicated that without a signed Agreement, they would have no requirement to continue its oversight role.
Section 3: Revised Agreement
LAKE JACKSON SANITARY DISTRICT/SERVICE DISTRICTROAD MAINTENANCE AGREEMENT
THIS AGREEMENT made this __ day of ____________, 2020, by and among the Board of County Supervisors acting as the governing body of the Lake Jackson Sanitary District and the Lake Jackson Service District (hereafter collectively the “Service District”) and the Lake Jackson Citizens Association, Inc. (hereinafter “Citizens Association”).
WITNESSETH:
WHEREAS, the majority of the roads in the Lake Jackson Hills subdivision were originally owned and maintained by the developer, Lake Jackson Hills, Inc., and are open to the public, but do not meet the construction standards and are not a part of the Secondary Road System maintained by the Virginia Department of Transportation; and
WHEREAS, the Lake Jackson Sanitary District was duly created by an Order entered on May 30, 1991 by the Circuit Court of Prince William County pursuant to a petition filed by the citizens of the Lake Jackson Hills subdivision, with the concurrence of the Board of County Supervisors of Prince William County and the owners of Lake Jackson Hills, Inc., for the purpose of providing an entity that could levy a tax and issue bonds within the Lake Jackson Hills subdivision to provide funds to maintain the existing non-state maintained roads to a reasonably passable standard; and
WHEREAS, the Board of County Supervisors established the Lake Jackson Sanitary District Advisory Committee (the “LJSDAC”) pursuant to Res. No. 92-369 to gather input from the community and provide advice to the Board of County Supervisors regarding maintenance of roads within the Lake Jackson Hills subdivision;
WHEREAS, the Lake Jackson Service District was established pursuant to Va. Code §15.1-18.2, now § 15.2-2400 et seq., by ordinance duly adopted by the Board of County Supervisors of Prince William County on April 7, 1997 for the purpose of providing an additional entity that could levy a tax within the Lake Jackson Hills subdivision to provide funds to maintain the existing non-state maintained roads to a reasonably passable standard; and
WHEREAS, the boundaries of the Lake Jackson Sanitary District and the Lake Jackson Service District are identical and are essentially identical to those of the Lake Jackson Hills subdivision; and
WHEREAS, the Board of County Supervisors, acting as the governing body of the Service District as provided for in Va. Code § 15.2-2400 et seq., has levied Service District taxes within the Lake Jackson Hills subdivision and has used those funds to provide repairs, maintenance, and improvements to the existing non-state maintained roads and has created an advisory committee of citizens residing in the Lake Jackson Hills subdivision to provide recommendations and advice with respect to the road maintenance; and
WHEREAS, Lake Jackson Hills, Inc., has conveyed title to the roads to the Citizens Association by quitclaim deed dated August 27, 2003, recorded on December 29, 2003 among the land records of Prince William County and the Citizens Association desires to establish procedures governing its relationship with the Service District with respect to the non-state maintained roads;
NOW THEREFORE, in consideration of the foregoing, and the mutual promises contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
Maintenance of Roads and Provision of Services
1. The Citizens Association understands, agrees and acknowledges that the roads in Lake Jackson Hills subdivision are open to public use but are privately owned and are not a part of the State Secondary Road System maintained by the Virginia Department of Transportation. The Citizens Association further understands, agrees and acknowledges that the roads in Lake Jackson Hills subdivision are not built to state standards with respect to construction, right-of-way, grade, sight distance, etc., and cannot reasonably be improved and brought into the State Secondary Road System. The Citizens Association, as the record owner of the subject roads which are not a part of the State Secondary Road System desires the Service District to continue to maintain those roads to a reasonably passable standard and acknowledges that the Service District has the right to do so to protect the health, safety and welfare of the public as provided by law.
2. To the extent permitted or required by law, the Citizens Association hereby assigns to the Service District the right to maintain all of the existing, non-state maintained roads in the Lake Jackson Hills subdivision. For purposes of this agreement, the existing roads that will be maintained by the Service District are those roads that are currently in active use as roads by the residents of the Lake Jackson Hills subdivision and the traveling public. Roads that have been shown on a plat but are currently unbuilt, and roads, or portions of roads, that, though shown on a plat, are not currently maintained and serve only as a “driveway” to a single property owner shall not be maintained except as provided herein. The roads that are currently in existence and that will be maintained by the Service District are listed on Attachment A by length and type. Additional roads may be added to the roads that will be maintained by the Service District as hereafter provided.
3. Such maintenance shall be sufficient to maintain the roads in a reasonably passable condition that permits the roads to be open to vehicular traffic, taking into consideration public safety, the limitations on the amount of the levy funds available for that purpose, and the desires of the community. The Service District shall have the ultimate responsibility for the allocation and use of the Service District tax levy funds available for road maintenance, but shall take into consideration the desires of the Citizens Association and the LJSDAC with respect to levels of service and priority of roads to be maintained. In the event the condition of any road becomes an imminent threat to public safety, the Service District may expend any and all funds available to it to improve that condition. In addition to the use of available Service District funds, the Service District may, but is not obligated to, use other County funds, or any other source available, to be repaid out of the next year’s service district levy.
4. The parties agree that the Service District may, in its sole judgment, contract with the Department of Public Works of Prince William County, or third party contractors, or both to perform the road maintenance contemplated hereunder.
5. The Citizens Association agrees that, for the duration of this Agreement, the Service District shall be solely responsible for providing road maintenance as contemplated herein on the existing non-state maintained roads within the Service District. In order not to interfere with that responsibility, the Citizens Association shall not perform, or contract for the performance of road maintenance on any existing non-state maintained road within the Service District without the express, prior written approval of the Service District or its agent.
6. The obligation of the Service District to perform road maintenance on the non-state maintained roads in the Lake Jackson Hills subdivision shall be specifically limited by the funds that are made available to it from the special tax levied on real property within the Lake Jackson Hills subdivision. Neither the Service District, nor the Board of County Supervisors acting as the governing body of Prince William County shall have any obligation to expend other funds for the maintenance of the non-state maintained roads within the Lake Jackson Hills subdivision., Nothing in this agreement shall be construed to prohibit the use of Transportation and Roadway Improvement Program (TRIP) funds for road improvements within the Lake Jackson Hills subdivision.
7. Notwithstanding the limitations on the responsibility of the Service District to perform road maintenance on the non-state maintained roads within the Lake Jackson Hills subdivision contained herein, the Service District may, but shall not be obligated to, perform additional road maintenance at the request of the Citizens Association, the LJSDAC, or any individual property owner within the Service District provided the entire cost of such additional road maintenance, including any administrative expenses, is paid by the Citizens Association or the property owner.
8. None of the provisions of this agreement stated herein shall have any application to, or affect in any way, the access rights to waterbody known as Lake Jackson or the access rights of those who own docks, slips, ramps or other access points to Lake Jackson.
1. The Department of Public Words, or other appropriate County Agency, shall seek input from the LJSDAC in formulation of future year road maintenance budgets and the corresponding Service District tax levy, and shall provide the LJSDAC with actual and proposed road maintenance expenditures and seek committee advice on future maintenance as needed or at a minimum quarterly.
Term The term of this Agreement shall be one year which shall begin on the date this agreement is signed by all parties. This Agreement shall be automatically extended for successive annual terms thereafter unless otherwise terminated as provided herein.
LJSDAC Role
1. The Board of County Supervisors, as the governing body of the Service District, will continue to appoint the members of the LJSDAC, whose role is to provide advice and recommendations with respect to the amount of the special tax levy to be imposed in the Service District, the level of road maintenance desired by the Lake Jackson Hills residents, the priority to be assigned to the various maintenance projects, and on such other matters as the Board of County Supervisors may desire. The Citizens Association shall, at such times as the Board of County Supervisors may request, nominate citizens residing within the Lake Jackson Hills subdivision for appointment to the LJSDAC. Such nominees shall reside in and be broadly representative of the various areas within the Lake Jackson Hills subdivision; such nominees may be, but are not required to, be members or officers of the Citizens Association.
2. The LJSDAC shall appoint from among its membership a chairman, and an individual to serve as the point of contact and county liaison. The LJSDAC shall adopt such rules of procedure as it deems appropriate. All meetings of the LJDAC shall be open to the public and reasonable notice of such meetings shall be posted and included in any newsletter that may be published by the Citizens Association.
3. The LJSDAC shall seek information about the condition of the roads, the recommendations of the Citizens Association, the desires of the residents regarding road maintenance and levels of service, the costs of any proposed maintenance projects, the amount of funds generated by the Service District levy, and any other information that it deems relevant with respect to the maintenance of the roads. The LJSDAC shall formulate recommendations for the maintenance of the roads for the following year which shall be submitted no later than August 30th to the Service District’s point of contact in the Prince William County Department of Public Works and to the Citizens Association. Those recommendations, together with any additional comments and recommendations from the Department of Public Works and/or the Citizens Association shall be submitted to the Board of County Supervisors as a part of the County’s annual budget process.
The Board of County Supervisors, acting as the governing body of the Service District, will consider all of the recommendations that it receives, together with any other information that it knows or could have known, in determining the maintenance to be performed in the coming year, whether the work should be performed by the Department of Public Works or some other entity, and the rate of the Service District levy to be imposed.
Lot Development and Maintenance of Platted but Unbuilt Roads
The parties hereto hereby enact and adopt the “Lake Jackson Service District Policies Relating to Lot Development and Road Maintenance”, which policies are attached hereto as Attachment B, and are incorporated herein by reference. These policies apply to the construction of new residences on existing roads maintained by the Service District and to the construction of new residences on platted but unbuilt roads within the Service district. The policies provide for the bonding required, the road maintenance assessment and design standards for new road construction in the Service District.
Requests for Abandonment and/or Vacation of Platted but Unbuilt Roads
The parties hereto hereby enact and adopt the “Lake Jackson Service District Policies Relating to Abandonment and Vacation of platted but Unbuilt Roads”, which policies are attached hereto as Exhibit C, and are incorporated herein by reference.
Modifications or Changes to this Agreement
All modifications and changes to this agreement shall be in writing and signed by all parties
Termination for Non-Appropriation of Funds
If the Service District does not impose its annual tax levy upon the residents of the Service District or if it does not otherwise collect a tax from the residents for a particular fiscal year, the obligations of the parties under this agreement shall cease until such time as a levy is imposed.
Breach of Agreement
The Citizens Association hereby agrees to indemnify and hold harmless the Service District, Prince William County, Virginia, its officers, agents and all employees and volunteers, from any and all injuries, damages and losses however or by whomever sustained, including cost of investigation, all reasonable attorneys fees, and the cost of appeals arising out of negligent acts or negligent omissions of the Citizens Association in relation to its maintenance of the property of the Citizens Association.
Insurance
The Citizens Association will obtain, maintain, and provide proof of, an insurance policy with an A+ insurer, with a minimum $1,000,000 (one million dollar) coverage, to insure against all claims against it arising from its ownership of the land upon which the roads identified on Attachment A, as it may be amended, reside. This policy shall list the Service District and the County as additional insured.
Third Party Beneficiary
This Agreement is not intended to and shall not be construed to give any Third Party any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
Designated Representatives
The parties hereby designate the following individuals to receive any notice or other communication permitted or required by this Agreement. Such designation may be changed by a party at any time by written notice to the other party.
If to the Service District:
Lake Jackson Service District
County Executive of Prince William County 1 County Complex CourtPrince William, VA 22192
With a copy to:County Attorney 1 County Complex Court Prince William, VA 22192
And
Director of Public Works
5 County Complex Suite 260
Prince William, VA 22192
If to the Citizens Association:
______________________, President
Lake Jackson Citizens Association
____________________________
____________________________
With a copy to:
Michael J. Coughlin
4310 Prince William Parkway, Suite 300
Woodbridge, VA 22192
[email protected]
Entire Agreement
This Agreement constitutes the whole agreement between the parties. There are no promises, terms, conditions or other obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, whether written or verbal, between the parties hereto.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by officers duly authorized to so act, on the date and year first above written.
LAKE JACKSON CITIZENS ASSOCIATION, INC.
By: ____________________________
President
BOARD OF COUNTY SUPERVISORS, Acting as the Governing Body of the
LAKE JACKSON SERVICE DISTRICT
And the
LAKE JACKSON SANITARY DISTRICT
By: ____________________________
Chairman
ATTACHMENT A
Lake Jackson Service District
Road name Length-LF Type T&C-LF
Cobb Road - Short to end 1825 gravel
Linda Place 320 gravel
Short Street - Cobb to Waterside tar&chip 800
Scenic View 265 gravel
Waterside Drive tar&chip 940
Jacqueline Ave. - Stanbaugh to end 640 gravel
Stanbaugh Lane 415 gravel
Lovers Lane 310 gravel
Mastbrook Lane 1515 gravel
Jacqueline - Cobb to Stanbaugh tar&chip 1360
Cobb Road - Rt. 234 to Jacqueline Ave. tar&chip 2150
Foneswood Lane 410 gravel
Kid Place 350 gravel
High Street 200 gravel
Longtree Road 230 gravel
Point View Drive 200 gravel
Moffitt Lane
Laurel Lane 600 gravel
Pappas Drive 635 gravel
Barron Street tar&chip 754
Depot Place tar&chip 800
Hogan Place 610 gravel
Hickory Hill Drive 535 gravel
Fox Street tar&chip 1300
Temple Loop 775 gravel
Temple Loop-Fox to Big Beach tar&chip 365
Temple Loop pipestem 165 gravel
Waterview Drive-230' paved VDOT
Haire Street 870 tar&chip 870
Piney Avenue 260 gravel
Alpaugh Street 385 gravel
Highview Street 210 gravel
Damview Place 330 gravel
Harton Street 1225 gravel
Middle Avenue 450 gravel
Kimberly Street 150 gravel
Lenore Street 400 gravel
Sals Place 275 gravel
Thunder Drive 1125 gravel
North Point Road. 2950 tar&chip 2950
Lake Shore Drive 985 gravel
Hara Street 250 gravel
Abbie Lane 400 gravel
Sunderman Place 150 gravel
Mullen Street 275 gravel
Rebecca Street 740 gravel
Robert Place 505 gravel
Geller Circle 605 gravel
Cecil Road 950 gravel
Purse Drive 875 tar&chip 875
Cecil off of Purse 295 gravel
Luther Drive 675 gravel
Jansen Street 1000 gravel
Margarite Street tar&chip 1250
Brunger Street 700 gravel
Pearl Street 235 gravel
Elizabeth Street-675' by property owners concrete
Maya Lane 835 gravel
Mandy Lane 315 gravel
Kathy Street 425 gravel
Happy Place 315 gravel
Manning Road tar&chip 1885
Charles Wack Street 950 gravel
Patricia Street 750 gravel
Mandy Lane 1225 gravel
Coleman Street north to Elaine tar&chip 350
Coleman Street south 560 gravel
Elaine Avenue 715 gravel
Mente Road tar&chip 2075
Lester Road - Hilltop to Mente tar&chip 2495
Lester Road connector from Mente to Hilltop 500 gravel
Songer Lane 450 gravel
McGrath Road (after Coleman) tar&chip 1160
Round Top Road 1040 gravel
Hilltop Drive tar&chip 1190
Hunt Road - off of Hilltop 300 gravel
Hilltop Drive - Lester to end 500 gravel
Christine Place tar&chip 700
Shirley Avenue tar&chip 800
Helen Street tar&chip 500
Carol Avenue 970 gravel
Lester Road from Mente Road 735 gravel
Evelyn Road 890 gravel
Potter Drive 550 gravel
Mente South End at Boat Ramp tar&chip 600
Gravel> 39295 Tar&chip> 26169
65104 60% 40%
ATTACHMENT B
Lake Jackson Service District Policies
Relating to Lot Development and Road Maintenance
Development of existing subdivided lots within the Service District results in adverse impacts to existing roads maintained with Service District revenue. Such development also may necessitate the construction of platted, unbuilt roads in the Service District, the maintenance of which roads is thereafter funded with Service District revenue. In order to mitigate the adverse impact of lot development on the existing roads, and to ensure that the new roads are built to a minimum standard before being accepted for maintenance, these regulations shall apply to all new home construction in the Lake Jackson Service District (the “Service District”).
A. Design Standards for new road construction
As a condition of permit approval for new construction upon a lot which fronts on an unbuilt platted road within the Lake Jackson Service District, the developer agrees to build the portion of the platted road from the point where such platted road intersects with an existing Service District maintained road to the lot in accordance with the following design standards:
1. Design speed standards
The design speed shall be less than twenty-five (25) miles per hour.
2. Lane width
The lane width shall be nine (9) feet to the center line of the road. The total roadway width shall be eighteen (18) feet.
3. Shoulders
All shoulders shall be one (1) foot on each side where possible. Total width of gravel surface shall be twenty (20) feet.
4. Road Ditches
All shoulders of a ditch type shall consist of a 2:1 slope, and sized to handle normal drainage flow.
5. Grade or crown of street
The grade or crown for streets shall be 1/2”:1’ as graded from the center line.
6. Roadway intersection culverts
On all new roadways which intersect an existing roadway, an appropriately-sized culvert shall be installed for purposes of handling water flowing in the open ditch, if deemed necessary by the Director of the Department of Public Works.
7. Driveways
Driveways shall not sheet water flow onto the roadway. Off-site drainage entering the right-of-way must be routed to roadside ditches. Provisions must be made to accommodate adequate flow in all drainage systems.
8. Roadway base material
Roadway base shall consist of eight (8) inches of “21a” material placed on a stable base.
9. Plan required
A plan depicting the proposed road construction in accordance with the Service District design standards shall be required as an attachment to the lot grading plan.
B. Road Maintenance Assessment
A road maintenance assessment shall meet the following requirements:
1. A non-refundable road maintenance fee shall be assessed to the developer upon issuance of a building permit for new home construction in the Service District.
2. The road maintenance assessment shall be in the amount of $3,000. for purposes of repairing or reconstructing roads in the Service District as needed due to use and damage related to new construction traffic.
3. The road maintenance assessment shall be reviewed annually for the sufficiency of the amount and the status of the roads in the Service District.
4. Permits for new construction on lots which front entirely upon a state-maintained road in the Service District shall not be subject to the road maintenance assessment.
BC. Subdivision
In the event land in the service district is subdivided, all parcels in the subdivision shall be subject to all provisions and design standards of these regulations.
ATTACHMENT C
Lake Jackson Service District Policies Relating to Requests for the Abandonment / Vacation of Platted but Unbuilt Roads
Any request for the abandonment/vacation of any portion of a platted but unbuilt road within the Lake Jackson Hills subdivision shall be made simultaneously to the Citizens Association and to the Director of Public Works of Prince William County. Such request shall state the reason therefore and shall be accompanied by a plat, map or sketch in sufficient detail as to clearly show the portion of the platted road that is proposed to be abandoned and its location with respect to other platted existing and/or unbuilt roads in the neighborhood; the name and address of each property owner that abuts the road that is proposed to be abandoned/vacated; and the name and address of any property owner that may be directly and adversely affected by the proposed abandonment/vacation.
The Citizens Association shall adopt such procedures as it deems appropriate to review the request and conduct such investigation as it deems necessary to determine whether the proposed abandonment/vacation of the platted but unbuilt road will have an adverse impact on any property owner or on the circulation of traffic within the Lake Jackson Hills subdivision. The Citizens Association shall provide a recommendation on the proposed abandonment/vacation to the Director of Public Works who shall include that recommendation in any staff report to the Board of County Supervisors regarding the proposed abandonment/vacation.
The Director of Public Works shall cause the request for abandonment/vacation to be reviewed in the same manner as requests for abandonment and/or vacation are reviewed in other locations in the County and shall consider the recommendation of the Citizens Association in formulating his recommendation to the Board of County Supervisors.
The Board of County Supervisors will hear the request for the abandonment/vacation of a platted but unbuilt road in the manner provided by law, and will consider the recommendations of its staff, the Citizens Association and any public testimony. Any individual aggrieved by the decision of the Board of County Supervisors may appeal to the Circuit Court of Prince William County as provided by law.
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August 11, 2020
As lawyers for Prince William County and LJCA consider possible revisions to a proposed Road Maintenance Agreement, here is a list of often asked questions concerning the agreement in its current form and answers as provided by the Lake Jackson Road Committee.
Q. Under the proposed agreement, would the County have the ability to spend all the Lake Jackson Service District (LJSD) tax revenues?
A. The County currently has the ability to spend any and all LJSD tax revenues that are approved in the Prince William County approved budget. The LJSD Advisory Committee "provide[s] advice and recommendations." Under the proposed draft Agreement, the County would continue to have that authority, but “shall” consider input from both the LJCA and LJSD Advisory Committee. The normal budget process requires a proposal from DPW, publication by the county, consideration by the BOCS, public hearing, and a vote on a budget resolution. The budget resolution can include all the funds collected through taxes.
Q. Under the proposed agreement, would the County have the ability to use funds beyond what is available through tax revenues and have the County get reimbursed from future year tax revenues?
A. Yes, the County has this capability now using the procedure stated above, and would continue to be able to spend funds beyond those currently available and have the County get reimbursed from future year tax revenues. The agreement specifies that this power would only be used if a “Road becomes an imminent threat to public safety.” County action would only occur after considering input from the LJCA and LJSD Advisory Committee.
An example of such a need would be an incident, such as major rain event, that washed out Cobb Road by the flood house and prevented movement of traffic and emergency vehicles into the community. Instead of the BOCS trying to pass an emergency tax on Lake Jackson property owners, the County would be able to use its funds then determine repayment and tax implications in the future year. In both the current case and under the service agreement, the DPW’s capability to overspend its authorized budget is strictly limited by County budget practices, which require BOCS resolutions and hearings.
Q. Why does the LJCA now need to have an agreement with the County for Road Maintenance?
A. Due to the past lawsuit filed against LJCA and Prince William County concerning a tree that fell and seriously injured a person, the Dept. of Public Works, acting as agent for the Board of County Supervisors in executing the LJ Sanitary and Service District provisions, and with the strong encouragement of the County Legal Office, wants to have a more clearly defined arrangement for having its staff and contractors enter LJCA properties for maintenance of its roads. The County has had such an agreement with the Bull Run Mountain Service District (the only other Road Maintenance purpose service district in the County) for years. The proposed Agreement would provide clear terms for the Association and the Advisory Committee’s dealings with the County/DPW on maintenance of the roads.
Q. Would the proposed Agreement reduce the influence of LJCA on maintenance of its roads?
A. No, it would not. Currently, there is no formal role nor requirement for inclusion of LJCA input according to existing ordinances. The proposed Agreement would actually provide clear terms and a formal voice for the
Association’s involvement in determining the maintenance level of its roads. Currently, the LJCA provides input to the LJSD Advisory Committee which in turn provides recommendations to the County. This would continue; the Association Is encouraged to nominate residents from the district to the Advisory Committee.
Q. How is the Association represented on the LJSD Advisory Committee (Road Committee)?
A. Currently, there are four members on the Advisory Committee; three are LJCA members. The Advisory Committee can have up to 12 members.
Q. Would the agreement allow the County to unilaterally increase (or decrease) the Service District tax rate?
A. The County can today, through the regular process of advertisement and hearings, raise or lower the tax rate to respond to the requirements of the annual budget that DPW generates. This agreement does not create any new powers in that regard.
Q. How can the opinions regarding road maintenance of the many property owners and residents who are “not” LJCA members be heard?
A. One of the responsibilities of the LJSD Advisory Committee (Road Committee) as defined in its enabling BOC Supervisor resolution, is to obtain and consider the opinions of all those property owners and residents. The current Road Committee has initiated means to obtain input from all residents and taxpayers through road posting of Committee meetings and by seeking to send notifications to all LJ property owners using the real property mailing lists from the County. The proposed agreement strengthens the LJSD Advisory Committees role in seeking all citizen input by specifying that "LJSDAC shall seek information about ... the desires of the residents regarding road maintenance and levels of service.
Q. Under the proposed Agreement, could the County/DPW unilaterally decide to use tax revenues for such things as cutting back trees to create expanded sight distances and other relatively minor purposes?
A. Legally, there is no current requirement for the BOCS and DPW to follow requests by LJCA or LJSD Advisory Committee regarding how funds are spent. There is also no requirement for them to inquire about the importance of projects. The LJSD Advisory Committee cannot approve or disapprove DPW actions, although the County has traditionally sought Advisory Committee advice. The current practice includes a great deal of interaction that the County could unilaterally curtail at any time. The draft Agreement would solidify LJCA and Advisory Committee roles by requiring notice and advice from the community.
Q. Could the draft Agreement lead to the County increasing its access to the Lake and opening it to public access?
A. The draft agreement specifically states that: “None of the provisions of this agreement stated herein shall have any application to, or affect in any way, the access rights to waterbody known as Lake Jackson or the access rights of those who own docks, slips, ramps or other access points to Lake Jackson.” Of course, fire and police access to the Lake would continue for any emergency response.
Q. Would LJCA be stuck with the Agreement forever?
A. The term of the Agreement would be “one year” and shall be automatically extended for successive annual terms. Modifications can be made to the Agreement when signed by all parties.
Q. Would the Agreement require a property owner who seeks to develop his/her property that is on a platted, but unbuilt road, to pay for construction of a 20 foot road built to 25 MPH standards?
A. The draft Agreement would require such property owners to build and pay for new road access to their development. The design speed, however, “shall be less than twenty-five (25) miles per hour. (Underscore added). The desire is for new roads to fit with the general look of community roads, but built to a higher quality standard to improve safety and limit increased maintenance costs. The roads could still be gravel, but greater width and depth of gravel would enable proper grading and ditch construction which is a problem on many existing roads and causes drainage problems and high maintenance costs.
Q. Would the Agreement require a property owner who seeks to develop his/her property, to pay a fee for use of Lake Jackson roads by construction equipment?
A. Yes, a “road maintenance assessment” of $3,000 would be assessed to the developer upon issuance of a building permit for new home construction in the Service District on lots which are not entirely upon a state- maintained road. This assessment is for repairing or reconstructing roads in the Service District due to use by the construction traffic.
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Thanks to all who attended the March 12 Town Hall with Supervisor Vega, The Citizens Association, PWC Department of Public Works and the Road Committee.
Review the RC's and the PWC DPW's presentations:
Lake Jackson Service District Presentation March 12
Department of Public Works Presentation March 12