Residential Private Eyebrows General Information

Overview

The City of Fishers Department of Engineering sees the need to establish a policy for the dedication and acceptance of privately owned residential “eyebrow” roads within the City of Fishers.

Scope

Privately owned residential “eyebrow” roads currently owned and maintained by neighborhood Homeowners Associations/Property Owners Associations or property owners adjacent to the “eyebrow” are included within the guidelines of this policy.

Policy

The City of Fishers (“City”) will accept dedicated privately owned residential “eyebrow” roads within the City by way of approval at the Board of Public Works and Safety. The approval will be subject to satisfaction of conditions being met, and an onsite assessment by the Department of Engineering.

Procedure/ Conditions

Neighborhood Homeowners Association/Property Owners Association or adjacent property owners responsible for the “eyebrow” shall complete and submit a request form to dedicate their privately owned residential roads, at no cost to the City. All “eyebrows” located in the
neighborhood must be submitted for dedication before the City will continue the review of the request. The City will not accept any par al dedications of the “eyebrows”.

Department of Engineering will perform onsite assessment of current condition, PASER rating, and needed maintenance of each “eyebrow”. The Department of Engineering will determine, based on these criteria, whether or not the request will proceed to the Board of Public Works
and Safety for consideration.

The Department of Engineering will notify the requester if the request will proceed to the Board of Public Works and Safety for consideration and the meeting date that the request will be heard.

If the Department of Engineering determines that the City should accept a dedication of the “eyebrow”, survey work must be completed to establish a legal description of the privately owned residential “eyebrow” road/s to be dedicated. Any costs associated with the legal
description of the roadway will be the responsibility of the Homeowners Association/ Property Owners Association or the property owners responsible for the maintenance of the “eyebrow”.

The legal description and dedication will exclude any common area or landscaped area adjacent to the private residential “eyebrow” road/s to be dedicated. The City will not maintain any common areas or landscaped areas that are located in the “eyebrow”.

The legal description will be added to the City provided roadway dedication document which must be signed by the Homeowners Association/Property Owners Association or the proper designee. The Homeowners Association/Property Owners Association shall ensure that they have the authority in its covenants or bylaws to sign real estate documents and to complete a real estate transaction of this kind.

The Homeowners Association/Property Owners Association or the property owners shall be responsible for the costs associated with recording the Dedication with the Hamilton County Recorder’s Office.

Responsibility

If the City of Fishers Board of Public Works and Safety agrees all conditions have been met and approves the acceptance of the privately owned residential “eyebrow” road/s, the City of Fishers will permanently assume all responsibility for the ongoing maintenance of those roadways. This will include maintenance to the roadway surface, pavement markings, curb, standard signage, and winter maintenance operations. Any landscaped or common area adjacent to the dedicated road will remain under ownership and the responsibility of the Homeowners Association/ Property Owners Association or adjacent property owners. The roads will be subject to all applicable City ordinances including but not limited to speed limits, stop conditions, and parking restrictions.