[HISTORY: Adopted by the Board of Selectmen of the Town of
Orleans 1-28-1988; (This legislation also included a number of forms. Said forms are
on file in the Town Offices and may be examined there during regular
office hours.) amended in its entirety 10-24-1989. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Public ways — See Ch. 174.
The closing date for the filing of road petitions with the Selectmen
is prior to November 30 in each year.
Notice for said closing date for filing of road petitions is
to be published in local newspapers by October 15 of each year.
Petitions must be signed by at least seventy-five percent (75%)
of those owners of properties abutting the road. Property owned by
more than one (1) owner must be signed by all owners recorded on the
deed.
The notice for the closing date shall set out where the petitions
can be obtained, e.g., Selectmen's office.
The Assessor's office shall be responsible for checking
and attesting to the owners of said property on the petitions.
The town shall hire a private engineering firm to inspect each
petitioned road to determine the condition of the road in order to
make an estimate of the cost to improve the road to town standards.
These items of cost shall include but shall not be limited to required
easements; drainage construction; water main installation; any paving
required; grading, sloping, loaming and seeding of shoulders; road
bounds; and all engineering and legal costs. All costs connected with
said engineering work shall be born by the petitioners.
The Assessors shall provide the names, addresses and deed references
of each owner of each parcel of such road for the notifications required
by the Massachusetts General Laws and the Betterments Act.
The engineering firm shall prepare a preliminary draft set of
plans for each road estimating cost of each parcel on a per lot basis;
per foot basis; and in total.
The Selectmen shall publish in the local newspapers the list
of roads to be accepted for preliminary road hearings at least two
(2) weeks in advance of said hearing. Notice shall be mailed to each
abutter by regular mail.
Each owner shall be mailed a sheet with his/her estimated cost
for improvement of the road and a request to return a signed portion
stating agreement or disagreement regarding payment of his/her share.
Included in the formal mailing packet shall be a brochure prepared
by the Assessors explaining to the property owners the procedures
and alternatives regarding payment of the betterment assessment.
Seventy-five percent (75%) of the abutting owners must agree
to accept the cost, and return the signed papers at least three (3)
days prior to a preliminary hearing. In the event seventy-five percent
(75%) of the abutting owners fail to agree to accept the cost, the
betterment process will be discontinued and all costs incurred by
the town for engineering, legal and other expenses incurred to date
will be apportioned to the signers of the original petition.
The Selectmen shall hold preliminary road hearings at a specially
scheduled meeting. The engineering firm shall give a report on each
road including but not limited to the condition of the surface; drainage
problems; condition of the shoulders and abutting property; and estimated
costs including legal fees, as a total, a per lot cost and a per foot
cost. The engineering firm will also provide information on the extent
of development within the subdivision, namely, the percentage of lots
built upon. Special lots reserved for any purpose such as conservation,
recreation or drainage shall also be identified. The total number
of individual roads to be considered for acceptance shall be limited
to a specific number per year, e.g., three (3) or in order of submittal,
whichever limit is more restrictive. Roads will be considered in order
of submittal. Each road considered must also be able to be reached
directly by other existing town roads.
The engineering firm shall prepare draft final plans and estimates,
incorporating responses to concerns expressed at the preliminary road
hearing, as appropriate.
The Selectmen shall set a final road hearing. Notice shall be
advertised in local papers at least two (2) weeks in advance and owners
on each road shall be sent notices by registered mail.
A final hearing shall be held by the Selectmen at a regular
or special meeting. The engineering firm shall report on each road
with estimated costs based on draft final plans. The Selectmen shall
be made aware of the percentage of owners of property abutting the
way that have agreed to accept the estimated costs to be apportioned
to each abutter. The Selectmen shall not recommend acceptance of a
road layout by the Town Meeting unless the owners of seventy-five
percent (75%) of the properties abutting the way have agreed to accept
the estimate of costs to be apportioned to each abutter, or unless
the Selectmen shall determine by vote of a majority of their Board
that a compelling public need exists for acceptance of a particular
way.
Final plans for improvements of roads and the Selectmen's
reports have to be filed with the Town Clerk's office at least
seven (7) days prior to Annual Town Meeting. Town Meeting action shall
either accept the road or not accept the road.
Title examinations on each parcel on each road accepted at the Annual Town Meeting shall be done by Town Counsel or his agent for up-date of ownership. Prior to the adoption of the Order of Taking under the provisions of § 170-18 herein, releases, in a form satisfactory to Town Counsel, must be executed by all abutters to the proposed public way, releasing any claims against the town arising out of laying out the proposed public way.
An Order of Taking shall be prepared for each road accepted
and shall be signed by the Selectmen. Any changes in ownership must
be made on the final plans to be consistent with the Order of Taking.
The Order of Taking and the plan shall then be recorded in the Barnstable
County Registry of Deeds and or the Land Court Section. The above
steps must be completed within one hundred twenty (120) days of the
Town Meeting action of each road.
The construction of improvements shall be advertised for bids
and contracts awarded for such improvements. The costs of construction
will be included in the overall cost of accepting the road (engineering,
legal, administrative, etc.).
Each abutting owner shall be billed for the actual cost of accepting
the road, not the estimated costs, unless the actual costs exceed
the estimated costs by more than twenty-five percent (25%), in which
case the town shall make up the difference.
