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.