[Adopted 10-2-1989 STM by Art. 4 (Art. 38 of the 1922 Bylaws)]
Pursuant to the provisions of MGL c. 40, § 6N, the Easton Department of Public Works is authorized hereunder to make necessary temporary repairs to private ways, in accordance with the procedures set forth in this article.
For the purposes of this article, the following terms shall have the meanings indicated:
PRIVATE WAY
A way existing in the town for at least five years, which has not been legally laid out by the Select Board as a public way or which has not been accepted by Town Meeting action, and which has been opened to public use for the purposes of travel by permission or license of the owners thereof.
[Amended 5-20-2019 ATM by Art. 21]
A. 
The type and extent of temporary repairs as referred to under the provisions of this article shall be as follows:
(1) 
Grading.
(2) 
Patching with cold mix bituminous concrete.
(3) 
Clearing of roadside vegetation.
(4) 
Trimming of trees.
(5) 
Cleaning of catch basins.
(6) 
Adjusting and resetting of catch basins.
B. 
Temporary repairs made under authority of this article shall not include the installation or maintenance of drainage systems.
Prior to making any such repairs, it shall be determined by the Easton Department of Public Works that they are necessitated to ensure the public welfare and safety.
[Amended 5-20-2019 ATM by Art. 21]
The actual owner (or owners) of such ways and at least 90% of the abutting landowners shall file a petition with the Select Board describing the necessity for and the extent of such temporary repairs and obtain the approval of the Board prior to any such repairs being made by the Easton Department of Public Works.
[Amended 5-20-2019 ATM by Art. 21]
The estimated cost of making any such necessary temporary repairs of a private way shall be made by the Easton Department of Public Works, and a cash deposit in such amount shall be delivered to the Select Board to be applied against the actual cost of making such repairs, with such cash deposit to be made up of payments from the abutting landowners made on a pro rata basis depending on the amount of frontage each of such landowners has on the private way in question.
[Amended 5-20-2019 ATM by Art. 21]
The Town of Easton shall not be liable on account of property damage or personal injuries caused by such temporary repairs in excess of the sum of $500, with the amount of such damages, if any, to be determined by the Select Board, and any payments made hereunder to be approved by the Board.