Developers Must Maintain Roads for Three Years

Fayette County Commissioners approved a new rightof- way maintenance policy for subdivision developers who build new public roads in the unincorporated areas of Fayette County.

Developers will now be required to maintain new roads they build for three years before the County takes over maintenance. In addition, developers must post a bond equal to 10 percent of the construction cost, payable to the County, in case the developer is unable to maintain the road during the three-year period.

In 2018, the Commissioners Court passed a regulation that stipulated all new tracts of land must have exclusive access to a public road. The rule was intended to stop the creation of private roads. In some cases, long-established private roads have led to disputes about maintenance between the property owners who use them. In some other cases, poorly-maintained private roads have hampered fire departments, EMS or law enforcement responding to emergencies.

The rule has led to new public roads popping up all over the county as developers split larger tracts into homesites. Developers must build the roads according to the County’s specifications. Previously, the County required a one-year warranty period before the County takes over maintenance on the road.

Several months ago Pct. 4 Commissioner Drew Brossmann raised a concern about the old policy. Brossmann said the old policy was adequate as long as the homesites sold and developed quickly. When the homes are built, the roads experience traffic from gravel and cement trucks. Brossmann said the roads proved their quality if they held up to the heavy construction traffic. But with a recent slowdown in home construction, Brossmann said many of the new lots sit undeveloped for more than a year. In one case, Brossmann said, the warranty period for a new county road expired before any homes were built in the subdivison. If the road fails, County taxpayers will be on the hook for repairs.

Since then, the Commissioners Court tasked County Inspector Clint Sternadel with formulating a new policy.

“Our intention is to take the burden of all the new development off the taxpayers, and the labor to do that off the commissioners, and to put that onus on the developers,” Sternadel said.

Sternadel recommended that the County extend the maintenance period from one to three years. He also recommended that the County require developers to post a bond equal to 10 percent of the cost of construction. The bond would cover maintenance and repairs in the event the developer was unable to meet their obligations.

Sternadel said he researched the policies of other surrounding counties. He said many counties require only a one-year maintenance period. Sternadel said he modeled his recommendations on the policies of Bastrop County. He said Bastrop County has experienced more development than other surrounding counties.

Developers will also be required to mow the road ditches during the three year maintenance period.

Commissioners unanimously approved Sternadel’s recommendations.