[Amended 11-17-2014 ATM
by Art. 18]
The Director of Public Works shall act as the Superintendent
of Streets and shall be responsible to the Town Manager for the efficient
administration of all matters relating to any public way of the Town.
Notice of intention to lay out, alter or relocate a Town way
shall, in addition to the notice required by law, be published once
each week for two successive weeks in a newspaper having a general
circulation in the Town, the last publication to be not less than
seven days prior to the day of hearing.
No person or utility shall make any excavation, modify, or fill
any excavation within the limits of any public way without first obtaining
a Street Opening Permit to do so from the Director of Public Works.
Any excavation within the Town's streets, sidewalks, or other
public Right of Way shall only be permitted in accordance with the
current Town of Dedham, Street Opening Regulations. The granting of
such permit shall require all such activities to conform to the current
Town of Dedham, Street Opening Regulations.
The Director of Public Works or the Chief of Police may, to
facilitate the removal of snow or ice from any public way in the Town,
remove or cause to be removed from the public way any vehicle which
interferes with such work. The vehicle may be removed to and stored
in any convenient place, including a public garage, and the cost of
removal and storage charges, if any, shall be imposed upon the owner
of such vehicle.
[Amended 5-19-2014 ATM
by Art. 33]
The Director of Public Works may, at his discretion, undertake
such action as may be necessary to keep private ways which have been
open to public use for a period in excess of 10 years passable for
emergency vehicles.
This by-law shall not be construed so as to allow complete repaving
or rebuilding projects for any private way, nor shall any such repairs
exceed in cost the amount of $1,500 for any given private way in any
given fiscal year.
The liability limit of the Town for any claim arising from any
such work on any private way shall be $5,000.
[Added 5-19-2014 ATM
by Art. 33]
Owners of land abutting any private way that is open to public
use may petition the Board of Selectmen to lay out and accept such
way as public and improve such way to standards acceptable to the
Board of Selectmen. The Board may determine to approve such petition
and establish standards for the improvement of such way in accordance
with a policy implemented by said Board after due notice and hearing.
The following conditions shall be met:
A. One hundred
percent of the owners of land abutting on the private way or who otherwise
own any part of the way shall agree to the laying out and acceptance
of the way as public and the construction of such improvements to
the way as the Board of Selectmen shall determine.
B. One hundred
percent of said owners shall agree to pay such portion of the cost
of laying out and improving the private way as the Board of Selectmen
may determine to assess as a betterment, which assessment may be up
to and including 100% of such costs. Such costs shall include the
costs to the Town of ascertaining ownership of the way and related
properties and obtaining such property rights as are necessary to
public use and maintenance of the way. Said betterment assessment
shall be equally assessed on all benefited properties if all benefited
properties are existing or potential single family lots and otherwise
shall be assessed proportionately pursuant to G.L. c.80, and pursuant
to G.L. c.80, § 13, interest shall be at a rate equal to
2% above the rate of interest chargeable to the Town for the project
to which the assessments relate, as determined by the Town Treasurer.
All improvements and/or assessments shall be in accord with applicable
Massachusetts General Laws.
C. Prior to
any expenditure by the Town on construction, said owners and all others
specially benefited by such layout and improvement or owning property
in which rights must be acquired by the Town for use and maintenance
of such ways shall, as applicable: (i) release the Town from all liability
in connection with the project; (ii) agree to indemnify and hold harmless
the Town from all claims of injury or damage by third parties; (iii)
grant to the Town and its agents, contractors and employees a license
to enter the way to perform the project; (iv) agree to provide for
the ongoing maintenance and repair of said way unless and until said
way shall be accepted as a public way; (v) waive rights to appeal
the amount of the betterment assessment pursuant to G.L. c.80, §§ 5-10A;
and (vi) waive claims for damages from any taking of land or easements
for public way purposes in connection therewith, such agreement to
be acknowledged by a notary public and to be binding upon successors
and assigns of such property owners.
D. Upon completion
of the layout of the way as a public way by the Board of Selectmen,
including referral of such layout to the Planning Board for its recommendation
and filing of the layout plan with the Town Clerk pursuant to G.L.
c.82, §§ 21-24, such private way shall be submitted
to the next Annual Town Meeting for acceptance by the Town as a public
way.