When a subdivider does not offer or intend to dedicate a public
highway in connection with subdivision approval, the provisions of
this article shall govern the construction and maintenance of a private
road.
Application. The application for preliminary plat approval shall
include the proposed design and construction specifications for the
private road as required by this article.
Construction specifications for a private road shall be prepared
by an Engineer and shall take into account the terrain, location and
manner in which the private road will be utilized, including the prospective
traffic.
The design and construction specifications shall take into account
the underlying soil type, terrain, safety factors, subbase course
materials, base course material and soil stabilization fabric when
required because of soil type, wet areas or other conditions, and
driving surface course materials.
The design and construction specifications shall address the
location and manner in which the private road will intersect with
the public highway. Such access shall not be greater than 60 feet
onto the public highway.
The private road design must be of a sufficient width and suitable
grade and location to accommodate the prospective traffic and to facilitate
ingress and egress of fire trucks, ambulances, police cars and other
emergency vehicles.
The application shall also include the proposed instrument or
other provisions, in recordable form, which provide for use, maintenance,
repair and replacement of the private road, and an equitable method
for apportioning the costs among the lots utilizing the private road,
including the payment of any taxes assessed on such private road.
Such instrument must contain a provision providing for the common
use of the private road in accordance with the purpose for which it
is intended, without hindering the exercise of or encroaching upon
the rights of others to use such private road.
Consultation with Town Engineer. After consultation and review by
the Town's Engineer, and upon compliance with the requirements of
this article, the design and construction specifications and maintenance
arrangements for a private road may be approved by the Planning Board.