(A) The applicants/owners of the private road shall be responsible for maintaining the private roads at all times to the standards required by this subchapter and all other applicable laws. The reasonable maintenance shall include, but not be limited to, plowing snow and removing ice in the winter so that firefighting and emergency vehicles can access all portions of the private road at all times, grading, lighting and any other general maintenance.
(B) (1) The applicant/owners of the private road shall provide the township with a recordable private road maintenance or restrictive covenant agreement between the applicant/owners of the private road and any other parties having any interest therein or lots whereon or other documentation satisfactory to the township which shall provide for and assure that the private road shall be regularly maintained, repaired and snow plowed so as to comply with this subchapter and to assure that the private road is safe for travel at all times and that the costs thereof will be paid for by the applicants/owners of the private road. The applicants/owners of the private road agree that, by filing an application for and receiving approval for a private road and by utilizing the private road, they will assure that any buildings or lots thereafter created or constructed adjacent to the private road shall also be subject to the road maintenance or restrictive covenant agreement and that the agreement shall be recorded, shall run with the land and shall bind all lots and properties benefitted by the private road. The agreement shall also indicate that the owners of all lots and properties benefitted by the private road may improve any portion of the private road and shall be jointly and severally liable and responsible for maintaining the entire length of the private road so that it is, at all times, in compliance with this subchapter and all applicable township standards and requirements. The agreement shall provide that it is enforceable by the township at its option.
(2) Additionally, the agreement shall provide that, if the private road is not maintained to the requirements of this subchapter, all of the owners of lots or properties utilizing or benefitting by the private road shall be deemed to have consented to a special assessment district being created by the township to maintain or upgrade the private road. The agreement shall also provide that, alternately, the Township Board, at its option, may improve and maintain the private road so that it meets the requirements of this subchapter and the township may charge the owners of all lots that utilize and or will be benefitted by the private road for the costs thereof, and the costs shall be secured by either placing a lien on the benefitted lots and properties or by placing the costs thereof on the tax roll.
(C) (1) The applicant for a private road approval, all owners of the private road and lots thereon, all those who utilize the private road, and all persons securing a building permit to construct a building served by the private road all agree that, by applying for and securing a permit for a building that utilizes the private road and by utilizing the private road, they shall indemnify and will save and hold the township (as well as its officers, agents and employees) harmless for, from and against any and all claims, causes of action, costs and damages for personal injury and/or property damage arising out of the use of the private road or the failure to properly construct, maintain, repair and/or install the private road any appurtenances thereto.
(2) The applicants/owners of the private road shall inset the above language into the maintenance agreement (or other approved document) and it shall run with the land and shall bind all purchasers of properties benefitted by the private road.
(D) (1) All maintenance agreements for private roads shall be submitted to the township for review and approval prior to the maintenance agreement being recorded and prior to any construction on the private road.
(2) Each maintenance agreement shall also contain the following statement: "The road is private and it is not required to be maintained by the Saginaw County Road Commission or any governmental unit".
(Ord. 06-01, passed 3-21-2006) Penalty, see § 91.99