Continued maintenance of private roads shall
be the responsibility of the property owner(s) served by the roads.
Private roads shall be maintained in a condition suitable for travel
at the design speed, as determined by the Township Engineer, and passable
for emergency vehicles, as determined by the Township Fire Chief.
Prior to issuance of construction permits, said property owner(s)
shall enter into a legally binding easement maintenance agreement,
which shall be subject to review and approval by the Township Attorney.
A. The easement maintenance agreement shall acknowledge
that the road surface and easement area are privately owned and therefore
all construction and improvements within the easement will be contracted
and paid for by the signatories to the agreement.
B. The agreement shall describe the method by which maintenance
costs and costs of improvements will be apportioned among the original
users.
C. The agreement shall describe the method for apportioning
new users for a proportionate share of the maintenance costs and costs
of improvements. The agreement shall indicate that the method of apportioning
costs applies whether the new users are a result of:
(1) Extension of the private road or driveway beyond its
initial length; or
(2) Connection to another private road; or
(3) Division of property that is served by the private
road or shared driveway.
D. The agreement shall outline a maintenance schedule
indicating intervals for road inspection. Such inspection shall be
accomplished by a licensed civil engineer and be the responsibility
of the signatories to the agreement. The results of the road inspection
shall be submitted to the Township for review. The Township may require
maintenance as described above.