A private road easement agreement in recordable
form shall be required. It shall meet the following minimum requirements:
A. Legal description. A detailed legal description of
the private road easement shall be submitted with its application.
B. Emergency and public vehicle access. The easement
shall provide for unrestricted access for emergency and public vehicles
used in the performance of necessary public services.
C. Future connections. The terms of the easement shall
provide that the Township Board may require that future abutting private
roads or public roads shall be connected to the existing private road.
D. Utilities. Below-ground utilities may be located within
the private road easement.
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.
The easement maintenance agreement shall contain
a provision to permit the Township Board to authorize the repair of
any private road which is not being maintained adequately to permit
safe access by users and emergency vehicles, and to assess the cost
of such repair, including the costs of engineering and administration,
to the signatories to the agreement on an equitable basis. The decision
to authorize repair of a private road shall be at the Township Board's
sole discretion in accordance with its legislative powers.
All road easements and road easement maintenance
agreements shall be recorded by the applicant at the office of the
Wayne County Register of Deeds and proof of their recording shall
be submitted to the Township prior to any construction work on the
private road.