[Adopted 4-13-1998 ATM by Art. 48, approved 7-31-1998]
This article is adopted to implement Chapter 237 of the Acts of 1995, to provide for the permanent repairs on private ways.
The following shall govern any repairs made pursuant to this article:
A. 
The Select Board is hereby authorized to make provision for permanent repairs on private ways and roads within the corporate limits of the Town, including improvements to grading, drainage, paving, resurfacing and curbing.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B. 
The Select Board shall make a determination that such repairs are required by public convenience and necessity before the repairs may be undertaken.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
C. 
Such repairs shall be made only if the Select Board receives a petition signed by abutters who own cumulatively at least 50% of the linear footage of such way/road. The petition shall be accompanied by written proof evidencing ownership of the linear footage of each abutter.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
D. 
The Town shall have no liability as a result of undertaking any such repairs to private ways or roads, except as may be provided by law, and shall be held harmless on account of any damages whatever caused by such repairs by agreement executed by the abutters who petitioned therefor.
E. 
The private way/road shall have been opened to the public to use for two years or more prior to the undertaking of such repairs.
F. 
The Select Board shall determine the scope of repairs, including whether and to what extent any of the following shall be undertaken: grading, paving, resurfacing, scraping and filling of holes and impressions with sand, gravel or other suitable materials. Drainage repairs shall be included to the extent required by public convenience and necessity, as determined by the Select Board, upon advice and costs estimates from the Director of Public Works.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
A. 
The costs of the repairs and of borrowings undertaken by the Town pursuant to Chapter 237 of the Acts of 1995 shall be apportioned to and among the benefited property owners along the road so repairedlimproved as a betterment pursuant to MGL c. 80. Benefited property owners shall be those who utilize the repairedlimproved road(s) to access their property. Unless otherwise required by any applicable law, the formula to be used for such assessments shall be to equally apportion such costs to each owner as listed in the records of the Board of Assessors directly abutting along and/or adjacent to the road to be repaired/improved, whether or not such owners property directly faces or is located along the road where the specific location of the repairs undertaken pursuant to this article, on the basis of the total costs of such repairs and borrowings.
[Amended 4-14-2005 ATM by Art. 55, approved 8-5-2005]
B. 
The Board of Assessors of the Town is authorized to set the number of years a betterment may be assessed for, for any period up to but not including 20 years. The Town shall accept settlement in cash of the full amount within 30 days or shall bill the property owner for the total cost to be divided over a period of years established pursuant to Chapter 237 of the Acts of 1995 and this section, with interest to be computed at a rate established by the Select Board on recommendation of the Town's Finance Director, such rate to be at a minimum rate of 2% above the rate of interest charged said Town on any funds borrowed by the Town for this purpose. The Finance Director shall take appropriate steps to ensure that the Town shall record appropriate orders to secure payment in the same manner as the Town acquires a lien for a betterment assessment pursuant to MGL c. 80.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]