These definitions are for the purposes of this
article only and shall have the following meanings indicated:
HIGHWAY SUPERINTENDENT
The person responsible and having charge of the maintenance
and repair of public ways in the Town of Sunderland.
PUBLIC WAY
A public or private way that is maintained by a public agency.
ROAD SURFACE CUT
Any construction through a public way which will disturb
the surface of the way.
To provide for the orderly control and regulation
of road surface cuts within public ways by enforcing standards for
the repair of road surfaces affected by such actions.
Any person or entity doing work which requires
a road surface cut in a public way must first obtain a written permit
from the Highway Superintendent.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
If the road surface cut permit is denied, an
appeal may be made within twenty (20) days to the Selectboard. Said
appeal shall include the following:
A. The date of submission of the application and a copy
of the same.
B. A copy of the Highway Superintendent's denial of the
application.
C. The reasons setting forth why the appellant feels
the permit should not have been denied.
The standards of this article may be waived for road surface cuts required for noncontinuous year-round uses such as agriculture, forestry and such other uses; however, such accessways will be subject to more general standards based on general safety considerations and the need for the protection of public ways. Any access from a public way which does not serve a building and is not used continuously on a year-round basis, such as access for agriculture, forestry and other uses, must apply for a permit under this article but may, in addition, apply for a waiver of the standards set forth in §
106-7.