[Adopted 5-3-2012]
A.
The owners
abutting private ways are responsible for the maintenance of such
ways. Constructed private ways must be maintained so that there are
no defects to impede the safe passage of emergency vehicles.
B.
The Town
may perform temporary repairs to private ways if such repairs are
determined by the Director of Public Works to be required for public
safety vehicles. Said repairs shall be considered necessary to abate
the immediate hazard caused by the defect and shall not be considered
as maintenance of the private way nor shall the way be considered
a public way. The Town shall not be liable for any damage incurred
by the defect, subsequent repair or failure to make repairs to private
ways. Defects, such as potholes, shall be repaired with materials
similar to the road surface and base.
C.
If more
extensive repairs beyond grading, patching, or layering of gravel
are requested or if a direct abutter desires repairs for pedestrian
and/or bicycle safety, then a petition must be signed by a minimum
of 51% of the direct abutters to the unaccepted portion of the way.
The petition shall be delivered to the Select Board office and copied
to the Director of Public Works. Upon approval of the Select Board,
repairs will be completed and all abutters to the unaccepted way will
bear the cost of the improvements through betterment charges as defined
in the bylaw. Unpaid betterments will be liened by the Tax Collector/Treasurer.
Scheduling of said repairs will be done by the DPW and will be based
on availability, weather, and available funding.
[Amended 3-27-2019 ATM by Art. 34]
After receiving a complaint regarding a defect within a private
way, the Town will investigate to determine the type of repair necessary
for safe passage of emergency vehicles.
This policy shall take effect 90 days from the date of approval.
