[HISTORY: Adopted by the Town Meeting of the Town of North Andover. Amendments noted where applicable.]
No snow or ice shall be deposited upon any portion of a way open to public travel for the safe maintenance of which the Town is responsible, except by Town employees acting in the proper performance of their duties. This provision shall not prohibit an occupant of premises abutting upon such a way from clearing snow or ice from a sidewalk in front of such premises, or from that part of any driveway or other means of access from such premises to the way, provided that such clearing does not result in a narrowing of the traveled portion of the way as defined by prior snow removal procedures performed by Town employees.
No person shall make any excavation or other substantial change in a Town way open to public travel without first obtaining a permit therefor from the Director of Public Works. Such a permit shall be granted only upon a written application therefor, which shall contain such information as to the proposed excavation change as the Director of Public Works may require, and the permit may contain any reasonable requirements, including the applicant's procurement of an adequate performance bond assuring his compliance with such requirements, the amount of such bond to be set by the Director of Public Works. In the event that such excavation cannot be completed within 12 hours, the Director of Public Works shall forthwith make all necessary repairs. The applicant shall be responsible to the Town for the incident expenses.
No driveway or other means of access to privately owned property from any public way or any way maintained by the Town or shown on an approved subdivision plan shall be constructed unless a permit for its entry into said way shall first have been issued by the Director of Public Works.
No leaves shall be raked, swept, or deposited into piles curbside or on any property other than the owner's without permission. Any violation of this section will be punishable by a fine of $200 or any amount set by the Board of Selectmen.
The enforcement agent for purposes of this bylaw shall be the Police Chief or his designee.
In accordance with the provisions of MGL c, 40, § 6N, the Town may make temporary repairs on private ways under the following conditions:
The type and extent of the repairs authorized by this bylaw shall be any and all repairs, including drainage work, necessary for safe and convenient travel by the public, up to and including work that would be required to make the private way suitable to be accepted as a public way.
The Director of Public Works, with the approval of the Board of Selectmen, shall authorize such repairs, and shall determine whether the repairs are required by public necessity.
No petition by abutters shall be required for such repairs.
No betterment charges shall be assessed, and no cash deposits shall be required.
The Town shall not be liable in any manner or amount on account of any damages caused by such repairs.
Such repairs shall be performed only on ways that have been open to public use for at least six years, as determined by the Board of Selectmen.
No repairs or improvements shall be done on any private ways where the owners of the private way or their successors have agreed by covenant, Planning Board decision, or any other form of agreement that the Town shall not provide street repair or improvement services.
The Town Meeting may vote under a single article in the warrant to accept streets as public ways. Such article shall be submitted by the Board of Selectmen and shall contain a listing of the names, locations and descriptions of all streets to be laid out by the Board of Selectmen at a meeting held for that purpose pursuant to statute prior to the Town Meeting. The Town Meeting may vote to remove or reject any street or streets from the article by amendment prior to the vote on the entire article. The representative of the owner of any street listed in the article shall be present at the Town Meeting for purposes of addressing the question should the need arise.