[Adopted by Ord. No. O-92-20 (§ 16-4 of the Revised General
Ordinances)]
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.
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 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.
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.
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.
Those choosing to use the eligible private roads for any purpose whatsoever
shall do so at their own risk.
