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Residents press Montague committee to address private-road snow removal; attorney flags liability questions
Summary
Residents asked the township to adopt an ordinance allowing as‑needed snow removal on private roads; committee members debated oversight and liability, and Attorney Frankenburger said oversight should be performed by someone with technical expertise. No ordinance was adopted; committee and attorney will follow up.
A group of residents and committee members pressed the Montague Township Committee on Jan. 27 to address snow and ice removal on private roads after recent winter storms highlighted gaps in service.
Ms. Holstein reopened the matter (tabled from Jan. 13), citing a West Milford ordinance and N.J.S.A. 40:67-23.1 as possible legal authority for township action. She urged the committee to adopt an ordinance that would permit the township to plow private roads on an “as needed” basis and to specify which streets might be included.
Attorney Frankenburger told the committee that whoever oversees authorization to plow needs to be technically qualified to assess road conditions and vehicle access, to minimize liability; he said the township should avoid delegating that judgment to someone without sufficient technical expertise. Ms. Holstein said she opposed giving sole authority to the Township Engineer and sought an alternate oversight approach.
Residents who spoke during the public portion said volunteer clearing during the storm was unsustainable. Kyle Rutledge of Fawn Run said he and neighbors opened roads during the storm but that maintaining access alone was not feasible for a neighborhood of more than 30 homes. Troy Finegan of Fawn Run asked about previous discussions of property-owner responsibilities and was told Attorney Frankenburger would review options, including special assessments suggested by committee members.
The committee did not adopt an ordinance at the meeting; members agreed to further review, with counsel tasked to research authority, liability, and possible assessment mechanisms. Mayor Zitone said that for the township to plow a private road, the road would need to be accepted by the township—requiring reassessment and infrastructure upgrades to meet township standards.
Why it matters: private-road snow removal affects emergency access and resident safety; adoption of any ordinance would require the township to define which private roads qualify, how oversight would occur, and how costs would be allocated.
What’s next: Attorney Frankenburger and staff will follow up on legal authority and potential implementation models; no vote or deadline was set at the Jan. 27 meeting.
