[HISTORY: Adopted by the Town of Webster 1-13-2020 STM by Art. 12. Amendments noted where applicable.]
A. 
Pursuant to MGL c. 40, § 6N, the Board of Selectmen is hereby authorized to make temporary repairs on private ways which have been open to public use for a period of six consecutive years or more, provided the repairs are for the protection of the health and safety of the general public using such private ways, subject to the provisions of this bylaw.
B. 
No repairs shall be made on private ways that have not been released from covenant and/or bond.
A. 
The Town may make minor temporary repairs upon a private way in the Town. Such repairs shall be made only after the Board of Selectmen determines that, based on recommendation from the Highway Superintendent, the repairs are required by public necessity. No petition by abutters shall be necessary for the Town to make such minor repairs.
B. 
Minor temporary repairs shall include the filling of holes in the subsurface of such ways and repairs to the surface materials thereof. Materials for such repairs, where practical, should be the same as, or similar to, those used for the existing surfaces of such ways, but may include surfacing the ways with, bituminous materials, including but not limited to bituminous concrete.
C. 
Minor temporary repairs shall be limited to minor work such as filling, patching and not more than grading or scraping twice per year. Such repairs shall not include surfacing, resurfacing, installation of drainage of any kind or the original construction of sidewalks, curbing, street construction, or brush cutting and tree removal.
D. 
The cost of such minor temporary repairs shall be borne entirely by the Town, subject to funds being available through an appropriation voted by the Town; no betterment charges shall be assessed against the abutters; and, no cash deposit shall be required for minor temporary repairs.
A. 
The Town may make major temporary repairs on a private way in the Town. Such repairs shall be made only after a petition has been filed in the office of the Board of Selectmen. Such petition shall identify the repairs to be made and shall be signed by the owners of more than 50% of the primary lineal frontage of said way. Where a property is owned by more than one person or entity, each such person, and where appropriate, each trustee and/or representative, must sign the petition in order for that property's frontage to count towards the frontage percentage. Following the submission of said petition, the Board of Selectmen shall conduct a public hearing, at which hearing interested persons may present evidence relative to the petition. No repairs shall be made until the board, by a majority vote of its members, and following such hearing, determines that such repairs are required by public necessity, and until the town meeting has appropriated funds for such repairs.
[Amended 10-19-2020 FATM by Art. 12]
B. 
Following such determination by the board that said repairs are a public necessity, the owners of land abutting such public way who derive benefit from said repairs shall be assessed betterment charges by the board. Betterment charges, in an amount of 100% of the aggregate cost to plan, prepare, and repair the private way shall be assessed on the proportion of the lot frontage on the way or portion of the way to be repaired to the frontage of said repaired way or other proportional method as may be required by the Board of Selectmen. A cash deposit in the amount of two hundred fifty dollars ($250) shall be required.
C. 
Drainage easements, if necessary, shall be the responsibility of the petitioners.
A. 
Except as herein otherwise provided, the provisions of MGL c. 80, as it relates to public improvements and assessments therefor, shall apply to major temporary repairs, as defined in this bylaw, to private ways where such repairs are ordered to be made under authority of this bylaw.
B. 
Any assessment made in accordance with the provisions of this bylaw upon the owner of an estate shall be paid within six months of the date that such assessment is levied, where the total assessment is less than two hundred dollars ($200).
C. 
Where the total assessment amounts to two hundred dollars ($200) or more, the owner of the estate may divide the payment of such assessment into not more than 10 equal payments, the final installment payment to be made not later than five years from the date of the levy of the assessment.
D. 
Assessments made under this bylaw shall constitute a lien upon the land assessed in accordance with the provisions of MGL c. 80, § 12.
A. 
The Town, in making repairs under this section shall not be liable for any damages to persons or property caused by negligent repair or maintenance of the private way.
B. 
The Town shall not be liable or accountable for any damage caused by repairs made pursuant to this bylaw. This bylaw does not confer any obligation or duty on the Town or its agents to either initially place or thereafter maintain and repair said private ways so that they are reasonably safe and convenient for travel by being free from defects or want of repair. The making of such temporary repairs to private ways, no matter how often or to what extent, does not constitute an acceptance by the Town of such private ways as public ways, nor does it constitute a way being "maintained and used as a public way" under the Massachusetts Subdivision Control Law.[1]
[1]
Editor's Note: See MGL c. 41, §§ 81k through 81gg.