[Adopted 11-4-1999 by Ord. No. 395-99]
This article is adopted pursuant to the provisions
of MGL c. 40, § 6N, to provide by ordinance for making temporary
repairs on private ways. Said temporary repairs shall include grading
and/or the filling of holes or depressions, as the Commissioner of
Public Works may deem suitable from time to time to make the way passable,
but in no event shall such temporary repairs include extensive construction,
reconstruction or installation of drainage.
A.
Procedure. A petition signed by at least 3/4 of the
abutters on a private way within the City of Fitchburg requesting
that temporary repairs be made to said way shall first be presented
to the Council and shall be forwarded by it to its Committee on Public
Works. Said petition shall contain the names and addresses of the
petitioners. The Committee on Public Works, upon consideration of
any petition referred to it by the Council for making temporary repairs
on private ways, shall report to the Council whether in its judgment
the common convenience and public necessity require that temporary
repairs should be made in such street. A copy of the petition upon
its referral to the Committee on Public Works shall be directed to
the Mayor with a request that the Mayor direct the Commissioner of
Public Works to prepare a report evaluating the petition on the following
points:
(1)
The type and extent of repairs needed and an estimate
of cost thereof.
(2)
Whether the way or ways in question are opened to
public use and for how long said way or ways have been so opened.
(3)
Whether City water or sewer lines exist in said way.
(4)
Whether said private way(s) were established as part
of a subdivision of land for which a developer may be responsible
for the repair of said ways, or for which a bond or surety may be
available for repair of the way.
(5)
Upon a determination by the Commissioner as to the
estimated cost of the work proposed by the petition, the matter shall
be reviewed with the Mayor, who shall make a determination as to whether
there are sufficient funds available to finance the proposed work,
or whether the financing of same requires an appropriation, or borrowing.
If the Mayor determines sufficient funds are available he or she may
so recommend to the Council. The Mayor shall have, consistent with
her authority and duties under MGL c. 43, § 55B, the sole
prerogative to determine whether to submit an order for the appropriation
or for borrowing of funds for the project.
[Amended 6-3-2014 by Ord. No. 100-2014]
(6)
Whether the proposed work can be accomplished without
interfering or detracting from the existing priorities set by the
Department of Public Works under the direction of the Mayor.
B.
The Committee on Public Works shall not vote as to
its recommendation to the Council on the petition until it has received
and considered the Commissioner's favorable report or six months have
elapsed since the petition was filed. The Committee shall also request
and receive a report by the Planning Board relative to the petition,
prior to its vote.
A.
After having reviewed the report of the Commissioner
and any other reports requested by the Committee, the Committee shall
vote on its recommendation to the Council. If the petition is recommended
by the Committee, the Committee's report shall include a determination
of the following:
B.
Provided nonetheless that the Committee shall not
report favorably on the petition unless it determines in addition
to the above matters that the temporary repairs are necessary for
common convenience and a public necessity in the best interest of
the City, that the ways are opened to the public and have been opened
to the public for no less than six years and that there is no individual
or entity existent who is responsible for the repair of said way(s).
The City Council shall hold a public hearing with notice as provided in § 157-9 before voting on a petition for making temporary repairs in a private way(s).
Upon adoption of an order, the order shall be
directed to the Public Works Department. The Commissioner shall request
a release from all abutting owners for the area of the private way
to be repaired; provided, however, that the lack of a release shall
not prevent repairs from being made.
The City shall have no liability for any damages
arising out of its repairs of said way.
