Title III - Public and Private Ways

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Article

Article

Article 1: Public Ways

Article 3: Repairs To Private Ways

Article 2: Fire Lanes

Article 4: Damage To Ways, Liability Bond

 ARTICLE 1
PUBLIC WAYS

Section 1. Use of Streets for Construction or Demolition Materials

Any person intending to erect, repair, or demolish any building on any land abutting on any street or way which the Town is required to keep in repair, and who desires to make use of any portion of said street or way for the purpose of placing thereon building materials or rubbish, shall give notice thereof to the Board of Public Works. The Board of Public Works may grant a written permit to occupy a portion of said street or way subject to the following conditions in each case, and to any others that in the judgment of the said Board may seem necessary.

A. Duration of Permit No permit to remain in force more than ninety days.

B. Warnings During the period beginning one half hour after sunset to one half hour before sunrise such material or rubbish shall be sufficiently illuminated and indicated so as to effectually warn persons using such street or way.

C. Safety A substantial railing or guard shall be maintained around such material or rubbish as long as it remains an obstruction.

D. Temporary Walk If such material or rubbish remains as an obstruction for a period of more than one week a good temporary walk shall be built around said obstruction and upon the removal of the material and temporary walk, the street or way shall be restored to the satisfaction of the Board of Public Works.

E. Bond Requirements A written agreement or bond, in the discretion of the Board of Public Works, shall be executed by the party to whom the permit is issued to indemnify and save harmless the Town against and from all damage, cost or expense it may suffer or be put to, by reason of any claim for damages or by reason of any proceeding, on account of the existence of such obstruction.

Section 2. Permit Required

No person shall use any portion of any street or way as described in the preceding without the written permit of the Board of Public Works; or having such a permit, without complying with its provisions.

Section 3. Moving Buildings

No person shall move or assist in moving any building more than ten feet high and fifteen feet wide over any street or way which this town is obliged to keep in repair without the written permit of the Select Board first being obtained, or having obtained such permit, without complying with the restrictions and provisions thereof. This section shall not apply to the transportation of small or portable type buildings, when carried upon trucks or other suitable vehicles provided the weight is not sufficient to cause damage to said street or way, or the height of such building above the ground when loaded such as to cause damage to or interference with the overhead property of any person, firm or corporation if the same is being lawfully maintained.

Section 4. Animals

No person shall permit any horses, cattle, swine, sheep or goats under their care to feed by the roadside, to go upon any sidewalk, or to run at large.

Section 5. Vehicles on Sidewalk

No person shall operate any vehicle excepting children's carriages and tricycles upon any sidewalk.

Section 6. Disorderly Conduct

No person shall behave themself in a rude or disorderly manner, or use any indecent, profane or insulting language in any public place in the Town, or near any building therein, or remain upon any sidewalk, or upon any part of another's property to the annoyance or disturbance of any person.

Section 7. Horses

No person shall intentionally frighten a horse on any public way.

Section 8. Games and Thrown Items

No person shall throw snow balls, stones or other missiles, play at any game in which a ball is used, or fly a kite in the public ways of the Town.

Section 9. Loitering and Bonfires

(ART. 25, ATM – 04/25/89)
No person shall loiter in any street, or on any sidewalk or in any other public place in the Town after being directed by a police officer to move on, nor shall obstruct the free use of any public way or sidewalk, nor shall build a bonfire thereon.

Section 10. Minuteman Bikeway Hours

The Minuteman Bikeway shall be open to the use of the public between the hours of 5:00 A.M. and 9:00 P.M. Anyone found on said premises between the hours of 9:00 P.M. and 5:00 A.M. shall be considered trespassers and subject to a fine of up to $20.

Section 11. Motorized Vehicles on Minuteman Bikeway

No person shall operate on the Town portion of the Minuteman Bikeway any motorized vehicle including but not limited to any automobile, snowmobile, moped, motorbike or motorcycle. Violators shall be subject to a fine not to exceed $200.

Section 12. Posting of Bills

No person shall post, affix, or in any way attach any poster, handbill, notice, advertisement or placard to or upon any post, wall, fence, building or structure without the permission of the owner or their agent.

Section 13. Writing Along Public Ways

No person shall write, paint, mark, stamp or cut any symbol, notice or advertisement upon or into any wall, fence, post, sidewalk, tree, building or structure without the permission of the owner or their agent.

Section 14. Leaving Items on Public Ways

No person shall place or cause to be placed anything in or upon any public way or sidewalk and allow it to remain for more than fifteen minutes after being notified by a police officer to remove same, except as provided in Section 1 of Title III, Article 1.

Section 15. Inhibiting Snow Removal

No person shall place or cause to be placed any vehicle which shall interfere with the removing or plowing of snow, or the removing of ice, in any way of the Town, and Superintendent of Streets or other officer in charge of ways for the time being, for the purpose of removing or plowing snow, or removing ice, from any way, is hereby authorized and empowered to remove, or cause to be removed, to some convenient place, including in such term a public garage, any vehicle interfering with such work and the owner of such vehicle shall be liable for the cost of such removal, and the storage charges, if any, resulting therefrom.

Section 16. Skating

No person shall coast or skate on any street or sidewalk where same has been forbidden by the Select Board.

Section 17. Trees

No person shall fasten any animal to any tree standing in any public way or place, or allow an animal under their care to in any way injure such tree.

Section 18, Street Performances

(ART. 14, ATM, - 04/30/14)
A. Purpose

The existence in Arlington of street performers provides a public amenity that enhances the character of the Town, and the Town seeks to encourage such performances on Town public ways to the extent that they do not interfere with the reasonable expectations of (1) residents to the enjoyment of peace and quiet in their homes; and/or (2) business owners to public access to and effective conduct of their business. It is the intention of this bylaw to balance the interests of the performers with those of the residents and businesses of the Town.

B. Definitions

1. Perform – Includes, but is not limited to, the following activities: acting, singing and playing of musical instruments, pantomime, juggling, magic acts, dancing, reading and reciting of literary works, puppetry, sidewalk art working with non- permanent, water-soluble media (i.e., chalk, pastels, watercolors directly on the pavement), conducted live and in-person, but shall not include presentations of audio/visual reproductions of such activities or the production of items for sale.

2. Performer – An individual artist, member of an ensemble, or sponsor of a street fair or public festival, who has obtained a permit pursuant to this bylaw and Select Board regulations and is responsible for compliance with such provisions.

3. Public Ways – Any Town way or in any place to which the public has a right of access, is dedicated for public access, or upon any way or in any place to which members of the public have access as invitees or licensees, consistent with this Article’s definition and use of the term “public Ways”, which includes, but is not limited to Town public sidewalks and streets, but does not include Town parks and recreation areas or Town school property.

C. Permit Required and Regulations

No person shall perform in or on a public way as defined under this article without a permit issued by the Select Board. The Select Board shall draft and promulgate appropriate procedures and regulations for the issuance of permits consistent with the provisions of this article.

Permit holders shall comply with all regulations and conditions of permits. Failure to comply with regulations and permits shall, at a minimum, render any and all permits held by a performer under this bylaw void.

Section 19. Awnings

No person shall establish or maintain in any part of any public way any awning or shade, the lowest part of which is less than seven feet above such public way.

Section 20. Excavations in Streets and Sidewalks

(ART. 30, ATM – 05/02/90) (ART. 27, ATM – 05/03/93)
A. Permit Required No person or Town department, except the Director of Public Works or the Director’s designees in the performance of their duties, shall break or dig up, or cause to be broken or dug up, the pavement within the limits of any public street, or any paved sidewalk or curbing in any public street, without the permission in writing of the Board of Public Works (or the Town Engineer in the event that the Board of Public Works delegates such authority thereto) or having obtained such permission, shall fail to comply with the conditions thereof. The Board of Public Works may give such permission following the commencement of any excavation required by an emergency and made by a person engaged in the manufacture, transmission, or distribution of gas, electricity, or intelligence transmitted by electricity or other means. In such case, the rights granted by and conditions contained in such permission shall apply to all acts of such person whether performed before or after having received such written permission following emergency excavation.

Any person who excavates without prior written approval of the Board or its designee, or who fails to comply with the conditions of such approval, or who commences same due to a perceived emergency and subsequently requests, but is denied permission from the Board, shall reimburse the Town, in addition to any fines provided for in this Bylaw, for all expenses and damages which the Town may suffer or be compelled to pay by reason of such unauthorized excavation or any failure to comply with said conditions.

B. Definition of Person For purposes of this Bylaw, the term "person" shall mean any natural person, corporation, partnership or other legal entity performing such excavation or directing same.

C. Permit Fee There shall be a fee charged for any excavations made in conjunction with this Bylaw.

The Board of Public Works shall establish said fee in each instance which shall be directly proportional to both the fraction of the street's useful life that would have remained had no excavation occurred and to the square foot area excavated.

The purpose and amount of the fee will be calculated on the basis of reimbursing the Town for any funds necessary to recoup the costs of resurfacing streets whose useful life have been reduced by reason of such street excavations and/or to fund the costs of any repairs required by improper resurfacing or patching performed by the excavator.

D. Power to Promulgate Rules The Board of Public Works is further empowered to promulgate Rules and Regulations so as to regulate properly the excavation and restoration of the public ways of the Town. Said Rules and Regulations shall include, but not necessarily be limited to, matters relating to insurance, plans, scheduling of work, emergency excavation, traffic control, protection of other utility equipment, notification of other utilities, protection of adjoining property, clean up, dust control, noise abatement, backfilling control, testing of the work, and prompt and workmanlike completion of the work.

E. Enforcement
(ART. 45, ATM – 05/12/97)
Any violation of this Bylaw shall be punishable by a fine
of $300.00. Each day in which a violation occurs shall be considered as a separate offense. The Select Board is authorized to promulgate rules and regulations consistent with this section relative to the ticketing procedures to be utilized.

Section 21. Littering Prohibited

Except as otherwise provided by statute, by law, or department regulation, no person shall, in any manner, place or cause to be placed in or upon any public way, public place or body of water within the Town, rubbish, waste material, filth, snow or discarded substance of any kind.

Section 22. Placing of Rubbish for Removal

(ART. 45, ATM – 05/12/97) (ART. 10, STM – 5/9/12)
No person shall place on the Public Way or Private Way or any land abutting and within 15 feet of the Public Way or Private Way, or cause to be placed, any rubbish or other refuse intended to be removed by the Town before 6:00 P. M. on the date before the date appointed for pick-up of same if residential, or 6:00 A. M. of the date appointed for pick-up of same if commercial or industrial. Any uncollected rubbish or recyclable material must be removed by 9:00 P.M. of the first date after the date appointed for pick-up.

Violations of same shall be punishable by a fine of $20.00. The Select Board is authorized to promulgate rules and regulations consistent with this section relative to the ticketing procedures to be utilized.

Section 23. No Garbage Picking

No person, except an officer or employee of the Town shall disturb, over haul, or, interfere with the contents of any barrel or other receptacle containing ashes or other refuse material which has been set out to be carried away by an employee of the Town.

Section 24. Snow Removal - Residences

(ART. 19, ATM – 04/28/04) (ART. 45, ATM – 05/12/97)
(ART. 23, ATM – 04/27/11)
The owner or occupant of any residentially zoned land abutting a paved sidewalk in the Town shall cause all snow and ice to be removed from said sidewalk by plowing, shoveling, scraping or otherwise so as not to damage such sidewalk, and within eight hours between sunrise and sunset after such snow and ice have come upon the sidewalk. Only so much of said sidewalk that shall afford a space wide enough to accommodate the passage of two pedestrians shall be required. Violations of this section shall be punishable by a fine of $25 per day that the snow and ice are not so removed. The Select Board is authorized to promulgate rules and regulations consistent with this section relative to the ticketing procedures to be utilized; the Board is also authorized to exempt citizens upon petition showing demonstrable extreme hardship due to a combination of health and financial duress. Failure to comply with the requirements of this section may result in the Town causing removal of snow and ice at its expense and assessing the cost of that removal against the owner or occupant who failed to comply, in addition to or in place of any applicable fines.

Section 25. Snow Removal - Apartments / Condominiums

(ART. 20, ATM – 04/28/04) (ART. 45, ATM – 05/12/97)
(ART. 23, ATM – 04/27/11)
The owner of any residential property utilized for apartment house or multi unit condominium use that abuts a paved sidewalk in the Town shall cause all snow and ice to be removed from the entire width of such sidewalk by plowing, shoveling, scraping or otherwise so as not to damage such sidewalk, and within the first three hours between sunrise and sunset after such snow and ice have come upon such sidewalk. Violations of this section shall be punishable by a fine of $50 for each day the snow and ice are not so removed. The Select Board is authorized to promulgate rules and regulations consistent with this section relative to the ticketing procedures to be utilized. Failure to comply with the requirements of this section may result in the Town causing removal of snow and ice at its expense and assessing the cost of that removal against the owner or occupant who failed to comply, in addition to or in place of any applicable fines.

Section 26. Snow Removal – Businesses

(ART. 11, STM – 01/25/88) (ART. 21, ATM – 04/28/04)
(ART. 45, ATM – 05/12/97) (ART. 23, ATM – 04/27/11)
The owner or occupant of any land abutting upon a sidewalk of a public way in this Town, which said property is used for business purposes other than farm business, shall cause all snow and ice to be removed from such sidewalk. Such snow and ice shall be so removed by ploughing, shoveling, scraping or otherwise so as not to damage such sidewalk, and within the first three hours between sunrise and sunset after such snow and ice has come upon such sidewalk.

Violation of this section shall be punishable by a fine of $50 per day that the snow and ice are not so removed. The Select Board is authorized to promulgate rules and regulations consistent with this section relative to the ticketing procedures to be utilized. Failure to comply with the requirements of this section may result in the Town causing removal of snow and ice at its expense and assessing the cost of that removal against the owner or occupant who failed to comply, in addition to or in place of any applicable fines.

Section 27. Curbings for Parking Lots

No person, partnership, firm, or corporation maintaining a parking lot for automobiles or trucks abutting a public sidewalk shall permit the trucks or automobiles to extend into the public way over a sidewalk or street. To prevent any vehicle from extending from private property into a public way, the property owner shall install a curbing or bumpers on the private property to prevent the vehicle from extending into a public way and blocking a sidewalk or street. Owners of property abutting a public way maintaining an off street parking lot, truck storage area, or sales area displaying vehicles for sale abutting a public way shall install the required concrete curbing or bumpers within six months of the effective date of this By-Law, and further whoever violates a provision of this By-Law shall be punished by a fine of not more than $50.00 with each day of violation being considered a separate offense.

Section 28. Alcoholic Beverages Prohibited

No person shall drink any alcoholic beverage as defined in Chapter 138, Section 1 of the General Laws, while on, in or upon any public way, or upon any way to which the public has a right of access, or any place to which the public has access as invitees or licensees, park or playground or private place without the consent of the owner or person in control thereof.
Whoever violates this By Law may be arrested without a warrant by an officer authorized to serve criminal process if they are unknown to the officer. All alcoholic beverages being used in violation of this By Law shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned into court, at which time they shall be returned to the person or persons entitled to lawful possession. Anyone found guilty of the violation of this By Law shall be punished by a fine of not over two hundred dollars ($200.).

Section 29. Barbed Wire

Barbed wire is prohibited on that part of a structure or fence which is facing and within ten (10) feet of a public way, excepting those areas where its presence is deemed necessary for public safety by the Director of Community Safety.

Section. 30. Discharge of Water on Public Ways

(ART. 56, ATM – 05/19/97)
No person shall cause to be discharged any water on public ways of the Town if in so doing ice is formed in such a manner as to make unsafe the passage of vehicles or persons on such public way.

Section 31. Newsracks

(ART. 16, ATM –05/17/99) (ART.17, ATM – 04/30/12)
A. General Purpose.

The proliferation of newsracks in Arlington sometimes impedes access to crosswalks and handicapped ramps and unreasonably impedes access for the use and maintenance of utility poles, traffic signals and signs, hydrants, and mailboxes, obstructs the flow of sidewalk and vehicular traffic, obstructs access to bus stops, taxi stands, loading zones, and fire lanes, impedes snow removal and creates a visual blight due to their disarray and these newsracks are often not properly maintained and frequently collect trash and become covered with graffiti. The purpose of this provision is to regulate but not to prohibit the use of such newsracks.

B. Definitions.

When used in this bylaw, unless the context otherwise requires, the following terms shall have the following meanings:

1. Director shall mean the Director of the Public Works Department of the Town of Arlington or such person as said Director may designate from time to time.

2. Newsrack shall mean any type of self service device for the vending or free distribution of newspapers, periodicals, or printed material of whatever nature.

3. Certificate of Compliance shall mean the Certificate of Compliance issued by the Director to the Certificate Holder in accordance with the provisions of this bylaw.

4. Certificate Holder shall mean the holder of a Certificate of Compliance issued by the Director in accordance with the provisions of this bylaw.

5. Operator shall mean any natural person or other legal entity including, but not limited to, corporations, partnerships, joint ventures and the like who either own, operate or otherwise are in control of a newsrack.

6. Public Way shall mean any public highway, private way laid out under authority of statutue, way dedicated to public use, or way under control of park commissioners or other body having like power.

C. Certificate of Compliance/Application Process
(ART. 17, ATM – 5/30/12)

1. No person shall place or affix, erect, or maintain or continue to maintain newsracks in any Public Way of the Town without first obtaining a Certificate of Compliance from the Director.

2. The Director shall be the issuing authority and coordinator of the application process and administrator of this bylaw and the Director of their designee shall review and approve for compliance with Subsection C, entitled Certificate of Compliance and, Section D, entitled Standards.

3. Applicants must complete a written application on a form provided by the Director and returned to the Director’s office.

4. The application must contain the name, address, and telephone number of the applicant in addition to the name, address, and phone number of a natural person whom the Director may notify concerning the applicant’s newsracks.

In addition, the application shall describe in sufficient detail the number, location, and type of newsracks for which the Certificate of Compliance is sought.

5. If such a Certificate is issued, the applicant shall file with the Town Counsel a Certificate of Insurance naming the Town as an additional insured party in an amount sufficient in the opinion of the Town Counsel to indemnify the Town from any and all property damage and personal injury including death to which the Town may be exposed by reason of placement of such newsracks.

6. The Director shall issue the Certificate upon the Director’s finding that the applicant is in compliance with the provisions of this bylaw. The Director shall issue a Certificate within ten (10) days of the Director’s receipt of the completed application.
The Director shall issue a partial Certificate of Compliance upon a finding that some of the newsrack locations are in compliance with the provisions of this bylaw.

In the event a partial Certificate of Compliance is issued, the Director shall notify the applicant in writing of the locations not in compliance and the reason(s) for the non-compliance. The applicant shall have the right to move said newsracks or adjust them within ten (10) days from receipt of the notice to rectify the non-compliance.
Upon correction of the noncomplying locations, the Director shall issue a Certificate of Compliance replacing the partial Certificate of Compliance. The issuance of a Certificate of Compliance or a Partial Certificate of Compliance shall designate the applicant as the Certificate Holder.

7. If an application for a Certificate of Compliance is denied or the Director issues a partial Certificate of Compliance, the Director shall notify the applicant within ten (10) days of the Director’s receipt of the completed application. The Director shall state the specific reasons for the denial or the partial Certificate of Compliance. An applicant who has been denied a Certificate or granted a partial Certificate of Compliance may appeal within thirty (30) days of denial by requesting in writing to the Director an appearance before the Director to review said denial or partial Certificate of Compliance. The appeal shall be heard within 10 days of the receipt of the appeal. The decision of the appeal shall be sent to the applicant within five (5) days after the hearing.

8. Certificates of Compliance must be renewed annually in accordance with renewal procedures adopted by the Director.

D. Standards.

No newsrack(s) shall be fixed, erected, installed, placed, used, or maintained:

1. At any location whereby the clear space for the passage of pedestrians is reduced to less than seven (7) feet in width or if the location is less than seven feet wide, then the clear space for the passing of pedestrians shall not be less than four (4) feet; and

2. Within five (5) feet of any marked or unmarked crosswalks or handicapped ramp; and

3. Within five (5) feet of any fire hydrant, fire land, fire call box, mail box, telephone booth or bus stop.

4. If same remains empty of the contents for which it was intended for a period in excess of thirty-one (31) days.

E. Enforcement Procedures.

1. Any newsrack which does not have a Certificate of Compliance issued or for which an Application is not pending review or whose placement is not in compliance with the standards set forth in Section D, may be removed by the Director after ten (10) days written notice to the owner thereof unless same is brought into compliance before the expiration of the ten (10) day period.

2. Enforcement of the provisions of this bylaw shall be carried out by the Director. Upon determination that a violation of any provision of this bylaw exists, the Director shall notify the Certificate Holder of the violation in writing by first class mail.

If the Director is without knowledge as to the address of the owner of the newsracks the Director shall be entitled to rely upon whatever information is on the outside thereof if any.
The notice shall include:

1. The date and location of the incident or other cause giving rise to the incident; and

2. A brief and concise statement of the facts causing the violation.

3. The notice shall inform the Certificate Holder that at the expiration of ten (10) days from receipt of the violation notice, the newsrack will be removed by the Director, unless the violation is corrected.

4. Upon removal of the newsrack, the Director shall send, by first class mail, written notice of such removal to the Certificate Holder.

5. Notwithstanding the provisions of the foregoing paragraphs, the Director may order the immediate removal of any newsrack(s) that the Director determines presents an imminent threat or peril to public safety, provided the Certificate Holder shall be notified of such removal as soon as practicable thereafter, and further provided that any newsrack so removed shall be stored for a period of thirty (30) days in order to allow the Certificate Holder to retrieve the newsrack. If the Director removes a newsrack under this paragraph 5 which does not have a certificate of compliance, the Director may dispose of the newsrack at the end of the thirty day period.

F. Severability.

The provisions of this bylaw shall be severable, and if any part thereof shall be held invalid by any court of competent jurisdiction, then the decision of the court shall not effect or impact any remaining provisions.

Section 32. Overgrowth of Trees and Shrubs

(ART. 26, ATM – 05/09/01)
No person owning property abutting a public way shall permit the growth of trees, shrubs or other plant life over the public ways of the Town that inhibits safe travel for pedestrians.

Section 33. Prohibition Against Obstructing Public Ways

(ART. 22, ATM –0 4/28/04)
No person, except an officer or employee of the Town shall place or throw or cause to be placed or thrown on to any public sidewalk, street, fire hydrant, or highway any snow, dirt, leaves, gravel or foreign substance or material. Violations of this section shall be punishable by a fine of $25.00 per day if the material is not removed.

The Select Board is authorized to promulgate rules and regulations consistent with this section relative to the ticketing procedures to be utilized; the Board is also authorized to exempt citizens upon petition showing demonstrable extreme hardship due to health and/or financial duress.

ARTICLE 2
FIRE LANES

Section 1. Fire Lanes at Housing Authority Property

The leaving of vehicles unattended is prohibited within the limits of private ways under the jurisdiction of the Arlington Housing authority which furnish means of access for fire apparatus to any building.

Section 2. Rules with Respect to Private Ways

A. Preventing Fire Apparatus Access - Fire Regulations: It shall be unlawful to obstruct or block a private way with a vehicle or any other means so as to prevent access by fire apparatus or equipment to any multiple family building, stores, shopping centers, schools and places of public assembly.

B. Fire Lanes - Fire Lanes: It shall be unlawful to obstruct or park a vehicle in any Fire Lane, such Fire Lanes to be designated by the Head of the Fire Department and posted as such. Said Fire Lanes to be a distance of twelve (12) feet from the curbing of a sidewalk in a shopping center, apartment complexes and similar locations. Where no sidewalk with curbing exists, the distance shall be twenty (20) feet from the front wall of the building.

C. Removal of Object in Fire Lane - Any object or vehicle obstructing or blocking any Fire Lane or private way, may be removed or towed by the Town under the direction of a Police Officer at the expense of the owner and without liability to the Town of Arlington.

D. Posting of Signs for Fire Lanes - The owner of record of any building affected by these sections shall provide and install signs and road markings as provided, in Paragraph (b) of this section. Said signs shall be no less than 12" x 18" and shall read "Fire Lane No parking Tow Zone."

E. Enforcement - Any person violating any of the foregoing sections shall, for each offense be punished by a fine of fifty ($50.) dollars. Each day that such violation continues shall constitute a separate offense.

ARTICLE 3
REPAIRS TO PRIVATE WAYS

Section 1. Classification

The Town Engineer and the Director of Public Works upon request of the Select Board acting in its capacity as the Board of Public Works shall recommend the classification of private ways in the Town according to the state of their construction and repair. The Board may then adopt such classifications with any modifications it may deem appropriate.

Section 2. Definition and Authorization

(ART. 20, ATM –05/04/92) (ART. 23, ATM – 04/28/04)(ART. 12, ATM – 04/23/18)
A. The private property owners abutting private ways are responsible for the maintenance of such ways, which must be maintained so that there are no defects to impede the safe passage of emergency vehicles. This bylaw provides a means by which the Town may assist in the maintenance of such ways, primarily by providing a mechanism for private way abutters to fund repairs known as a “betterment.”

B. The Board may vote to direct the Town Manager to make temporary repairs to private ways at the request of the Director of Public Works as provided below. Temporary repairs shall be limited to the filling of potholes and temporary patching.

C. The Board may authorize a temporary or extensive repairs to private ways by abutter petition for a betterment. Extensive repairs shall include, but not be limited to, skimcoating, armor coating, drainage work, and grading of gravel roadways. For all extensive repairs the petitioners agree to enter into a contract with a private contractor to repair and pave the roadway forthwith.

Section 3. Criteria

(ART. 35, ATM – 05/18/05; ART. 12, ATM 04/23/18)
A. Abutter Criteria

The Board shall in making its determination as to the advisability of making temporary or extensive repairs by abutter petition take into consideration the following factors:

1. The accessibility of the properties on the private ways to emergency vehicles such as police, fire and rescue.

2. The volume of traffic that utilizes the private way i.e. deadend as opposed to feeder or connecting streets.

3. The percentage of abutters on the particular private way petitioning the Board for the repairs.

4. The number of years that the way shall have been open to public use.

5. Such other considerations that the Board deems appropriate.

6. Public Safety.

B. Town Criteria

The Board may authorize temporary repairs at the request of the Town whenever the Director of Public Works so advises the Board that repairs are required to abate an immediate hazard caused by a defect necessary for the safe passage of public safety vehicles.

Section 4. Petition

(ART. 12, ATM 04/23/18)
The Select Board shall consider any private way or portion thereof for temporary or extensive repairs after having been petitioned to do so by at least two-thirds of the total number of abutting property owners on the Private Way who directly abut the portion to be considered for temporary or extensive repairs. The Town shall only be considered an abutter for the purposes of this section, and assessment of costs in Section “6,” to the extent a private way is substantially used by Town staff or the public for the specific purpose of utilizing an abutting Town parcel.

The Select Board may after careful consideration, elect to do the entire portion which was petitioned for, or a lesser portion, provided at least two-thirds of the abutting property owners on the lesser portion to be done are in favor of such action. The Select Board shall upon receipt of a petition with at least two-thirds of the abutters' signatures affixed thereto shall hold a public hearing on the advisability of ordering the repairs and the kind and extent thereof. All abutters shall be given written notice of the hearing not less than seven (7) days prior thereto.

Section 5. Alternate Petition

Notwithstanding the provisions of Section 4 above, the Board may also consider a number of private ways for repair as a whole project when these private ways are ways where a majority of abutters are members of an association of abutters whose major purpose has been the maintenance and repair of those ways upon which these members' properties abut.

The Select Board may only consider these private ways to be repaired as a whole project when having been petitioned by two-thirds of the total number of abutters who abut all of the ways represented by the association. The Select Board upon receipt of such a petition shall hold a public hearing on the advisability of ordering the repairs and the kind and extent thereof. All of the abutters on all of the ways represented shall be given written notice of the hearing not less than seven days prior thereto.

Section 6. Assessment of costs

(ART. 23, ATM – 04/28/04) (ART. 35, ATM – 05/18/05) (ART. 12, ATM 04/23/18)
The costs of all labor and materials and processing shall be assessed equally to all abutters on the private way, or portion thereof (except with respect to Town property as set forth in Section 4), or if the Select Board votes to order any repairs pursuant to a petition filed under Section 5 all the abutters on all the private ways to be repaired without regard to linear frontage.

A one-third deposit of the total estimated cost of the completion of the repair project shall be required before any work can be commenced. All remaining costs shall be apportioned, assessed and collected on a per-property basis pursuant to the procedures provided in Chapter 80 of the General Laws, the Betterment Act, including the placing of liens on the affected property and the collection of apportioned costs by means of property tax collection.

Any and all such deposits shall be deducted from the equalized share of the property owners actually paying.

Section 7. Collection of Apportioned Share

(ART. 35, ATM – 05/18/05)
The Select Board before authorizing any repairs shall adopt a formal Betterment Order which shall require each abutter to pay their property's unpaid apportioned share of the repair cost over a five-year period to include interest at 5 percent or 2 percent above the cost
(including Town oversight and administration costs) of any bond issued to fund the repair in question. The Assessors in conjunction with the
Town Tax Collector will commit such amount to the respective abutter's property tax bill and the Engineering Division of the Public Works Department will cause same to be recorded at the Registry of Deeds so that same runs with the land.

Section 8. Liability

(ART. 35, ATM – 05/18/05) (ART. 19, ATM – 05/04/92) (ART. 11, ATM 04/23/18)
There shall be a limitation of liability on the Town of Five Hundred ($500.00) Dollars for any damages arising from any negligent repair of the private way which shall include damage from surface water run-off.

No repair shall be commenced until all the petitioners have signed an agreement with the Town holding the Town harmless from any additional damages arising from any negligent repair and providing evidence of insurance to the satisfaction of the Town. However, nothing in this paragraph shall excuse the Town from damages to property caused by the Town or agents thereof, during the repair process.

Temporary repairs made at the request of the Director of Public Works necessary to abate an immediate hazard caused by a defect shall not be considered as maintenance of the private way, nor shall the way be considered a public way. The Town shall not be liable for any damage incurred by the defect, subsequent repair or failure to make repairs to private ways.

ARTICLE 4
DAMAGE TO WAYS, LIABILITY BOND

(ART. 12, ATM –0 4/24/00)
Any person or entity seeking to develop any property in the Town shall be required to post with the Inspector of Buildings, with the application for a building permit, a liability bond in an amount satisfactory to the Inspector of Buildings to ensure against damage to the public or private ways of the Town or abutting properties caused by heavy equipment used in such development.