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Private Ways with Winter Maintenance
The information on this webpage is to assist our residents and Road Associations or Home Owners Associations (HOA's) in creating a solution to the long practice of the Town providing winter maintenance on certain Private Ways. There are a series of links below with summaries describing the information for each link.
We recommend you start with the Town Q and A, then look at the appropriate summaries and links for your needs.
The short summary of this problem is that the Town entered in agreements to plow certain private roads many years ago. Those agreements over the years have not been renewed and are now expired. The Town under Maine law cannot provide public assistance on a private road. To correct this past practice and in fairness to the residents and Town, a solution is needed. The Town needs a mechanism which balances the solution and involves a private and special law allowing public vehicles on certain private ways and a local ordinance to regulate the oversight. The Town sought this special and private legislation to accomplish this task on these certain roads.
- Public Easement Deed Language
- Public Easement for Individual Signers -PDF/ Word Version (View a completed sample)
- Public Easement for Multiple Signers-PDF/ Word Version (View a completed sample)
- Public Easement for Non-Profit Corporation with Ownership of Road-PDF / Word Version (View a completed sample)
- If the association does not own the road, 67% of property owners that abut the designated private way must sign an easement, for winter maintenance services to continue for the 2023-2024 winter season.
- Please note that Associations must attach a document to the signed easement describing the "Easement Area" and label the document Exhibit A. A map depicting the road(s) with start and end points(s) is sufficient. You may use a tax map to highlight the road section that your association is responsible to maintain and indicate the area the Town currently plows.
- Please print the easement document single-sided and note the document recording requirements we must follow at the Registry of Deeds
- Correspondence to Property Owners
- Follow up letter informing of final and approved Private & Special Law L.D. 1975 (5/19/2022)
- Initial letter from the Town Manager summarizing the issue, state legislation requirements and next steps. (11/4/2021)
- The Town Q and A
- Provides a broad overview of the history, problem, data on the number of streets, affected parcels, challenges of solution and what the timeline needs to be.
- The Q & A document was revised to include comments, questions and answers from the special meeting of December 7, 2021. Please refer to the December 7th meeting agenda and video to learn more.
- Revised May 16, 2022 to incorporate changes when law was amended by the state legislative committee and signed by the Governor (L.D. 1723 was renumbered to L.D. 1975 when signed and effectively became law)
- Private and Special Law for Windham
- Provides the language presented to the Maine Legislature requesting a Private and Special bill to enable Windham to develop a solution that conforms to Maine Law. The Town Council requested assistance from our legislative delegation to have this Private and Special Law.
- Governor signed private and special law April 4, 2022
- Local Ordinance for the Winter Maintenance of Designated Ways
- Article III Winter Maintenance of Designated Ways ordinance, of Chapter 204 the Streets & Sidewalks Ordinance, was approved by the Council on October 26, 2021. Please refer to the following Council meeting agendas, videos and minutes to learn more:
- March 23, 2021 - Council Order 21-069 (Authorized Town Manager and Attorney to work with Legislators)
- August 10, 2021 - Council Discussion CD 21-101 (State Legislation, Draft Local Ordinance and Public Information)
- September 14, 2021 - Council Discussion CD 21-127 (Draft Local Ordinance and Public Information)
- September 28, 2021 - Council Discussion CD 21-135 (Draft Local Ordinance, Inspection List and Q & A)
- October 12, 2021 - Council Order 21-190 (Public Comment Local Ordinance - action postponed to 10/26/21)
- October 26, 2021 - Council Order 21-190 (Public Comment continued & vote which approved the ordinance)
- January 11, 2022 - Council Order 22-007 (Public Hearing and Action on amendment to section 210-25)
- May 24, 2022 - Council Discussion 22-73 (Law Approval - Required amendments to sections 210-25 and 210-26)
- June 16, 2022 - Council Order 22-107 (Public Hearing and Action on amendments to sections 210-25 and 210-26)
- Please note that the Town's ordinances were recently codified (resorted and alphabetized) which resulted in new chapter numbers being assigned. The Streets & Sidewalks ordinance was renumbered to Chapter 204.
- Sample of an Inspection Checklist to be utilized by Road Commissioner.
- The Public Works Director and Town Engineer are driving down all designated private ways and performing inspections now. Reports will be provided this summer so that affected residents and associations have an idea of maintenance items they may need to address and within what timeframe.
- Article III Winter Maintenance of Designated Ways ordinance, of Chapter 204 the Streets & Sidewalks Ordinance, was approved by the Council on October 26, 2021. Please refer to the following Council meeting agendas, videos and minutes to learn more:
- Windham Road Classification Map , Abutter Information and Resources
- Listing of streets with current abutters and addresses as of September 2021
- Secondary or subsidiary roads off of town-plowed private ways are also included with abutter lists
- Search the Town of Windham Online Assessment Database for property and owner information
- Cumberland County Registry of Deeds Record Search and Recording Requirements
- Resource binder materials - referenced in the Q & A; includes sample letters, forms and resources to aid in establishing a new road association
This is an excellent quick summary:
- Road Associations – Maine Department of Environmental Protection (MDEP)
- The MDEP provides an excellent summary why a Road Association and a “Guide to forming Road Associations”. This is one of the better sites to become educated on Road Associations or HOA’s with what they offer and several “How To” resources.
- The Online Appendices to the Guide contains sample association agreements, meeting notices, warranties, etc.
- Related Maine Statutes and Resources
- Private Way Law
- Maine Nonprofit Corporation Act – Maine Secretary of State
- Forming a Corporation – Maine Secretary of State
- Non-Profit Corporations – Maine Secretary of State
- Non-Profit Corporation Resources – Maine Secretary of State
- Maine Department of Transportation - Maine Local Roads Center Events and Road Ranger assistance
- Maine Department of Environmental Protection - Camp Roads, Road Association, and Certified Contractors
- Maine Alliance for Road Associations (MARA) and MARA Resource List
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