Township of Freehold, NJ
Monmouth County
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Table of Contents
Table of Contents
[Adopted by Ord. No. O-92-20 (§ 16-4 of the Revised General Ordinances)]

§ 300-25 Purpose.

The governing body having been advised that it has the discretion to maintain private roads within the Township if, in its opinion, such maintenance is necessary to protect the health, safety and welfare of residents of the Township and if travel along such private roads is sufficient to warrant such action, it is the purpose of this article to set forth the policy, criteria and standards for such action.

§ 300-26 Declaration and determination.

It is the opinion of the Township Committee of the Township of Freehold, as to the private roads eligible for maintenance hereunder, that the expenditure for the maintenance described in § 300-28 is warranted because:
A. 
Travel along such roads is sufficient.
B. 
The health, safety and welfare of sufficient residents and members of the public may be advanced.

§ 300-27 Eligibility.

A road within the Township not dedicated to and accepted by the Township as a public road shall be eligible for maintenance as described in § 300-28 by the Township, provided that:
A. 
It has a minimum road width of 10 feet.
B. 
It has four or more dwelling units existing on it within 1,000 feet which use such private road exclusively for ingress and egress to a public road, in which case it will be qualified for Level 2 service pursuant to § 300-28B.
C. 
It has fewer than four dwelling units existing on it within 1,000 feet which use such private road exclusively for ingress and egress to a public road, in which case it will be qualified for Level 3 service pursuant to § 300-28C.
D. 
The dwelling units referred to in Subsections B and C above are not located on lots which are adjacent to a public road, unless access to the public road is unavailable by virtue of the existence of wetlands.

§ 300-28 Maintenance.

The level of maintenance to be given to the private roads shall be under Subsection B or C as follows:
A. 
Level 1: grading to be done as needed with a minimum of once a year, snow plowing, and road overlay pursuant to determination of the Township Committee. Such level of service shall apply to public rights-of-way, and not to private roads.
B. 
Level 2: snow plowing when accumulation has approximated 12 inches or more; grading as needed pursuant to determination of Road Superintendent; such other minimum maintenance as shall be reasonable and necessary in the opinion of the Road Superintendent to prevent damage to emergency equipment.
C. 
Level 3: grading as needed pursuant to determination of Road Superintendent, such other minimum maintenance as shall be reasonable and necessary in the opinion of the Road Superintendent to prevent damage to emergency equipment.

§ 300-29 Nonexclusive control.

Nothing herein shall be deemed as effecting exclusive control in the Township over such eligible private roads. Others may undertake any action in maintaining and/or improving such private roads. The Township assumes no liability for any injury or damage resulting from the use of such private roads. Nothing herein shall be deemed to constitute acceptance of any private roads by the Township. The Township will cease all maintenance activity relating to such private roads in the event that those with the legal right to exercise control over the private road forward written requests to the Township Clerk and a copy to the Department of Public Works and Automotive Services that no further maintenance activity is desired.

§ 300-30 Assumption of risk.

Those choosing to use the eligible private roads for any purpose whatsoever shall do so at their own risk.