Any provisions of Article
I of this chapter to the contrary notwithstanding, private streets shall be permitted in the borough in the circumstances and subject to the conditions hereinafter set forth in this article.
[Amended 6-7-1999 by Ord. No. 15-99]
Except as may be required by N.J.S.A. 40:67-23.2
et seq. for a qualified private community, on private streets, no
municipal services other than police, fire and first aid protection
shall be provided by the Borough of Mendham. This shall be considered
as a restriction on and a condition of approval on any subdivision
containing a private street, and a statement to this effect shall
be placed upon the subdivision plan thereof before final approval
is given.
All private streets, whether existing or hereafter
established, shall be maintained in a condition that will permit the
safe passage of police, fire, first aid or other emergency vehicles.
This requirement shall be noted on the final plat and shall be stipulated
in any deed of conveyance of title to property served by a private
street, including the proportionate allocation of cost of maintenance
for each property with respect to all properties so served. If, in
the opinion of the Borough Council, after a report from the Borough
Engineer, any private street is not maintained in such safe condition,
after written notice to the owners and a hearing by the Borough Council,
said private street may be repaired at the Borough Engineer's direction
and the owner(s) specially assessed for the cost thereof.
[Added 6-7-1999 by Ord. No. 15-99; amended 4-2-2007 by Ord. No. 3-07]
Any violation of the provisions of this article shall be punishable, upon conviction, according to the penalties provided in §
1-15 of this Code.