TOWNSHIP OF WHITE v. CASTLE RIDGE DEVELOPMENT CORPORATION
A-2790-09T3
We interpret a provision in a developer's agreement to impose a maintenance obligation, including snow and ice removal, on the developer for a development roadway not yet dedicated to or accepted by the township.
We also reject the developer's argument that such a provision is void for public policy because the township is collecting property tax revenue on the completed houses in the development. Prior to accepting dedication of the road pursuant to a municipality's zoning ordinance, and unless a "private community" is involved, N.J.S.A. 40:67-23.3, the road remains the private property of the developer and the township has no responsibility for the maintenance of private property. 3-11-11
