The purpose of this Bylaw is to provide a mechanism for the
application by Town officers, boards, committees and commissions of
security posted by applicants in connection with their obtaining licenses,
permits, approvals, authorizations and contracts. This Bylaw is adopted
pursuant to the home rule authority of the Town and the authority
conferred by G.L. c. 44, § 53G1/2.
It is the intent of this Bylaw to govern as broad a range of
situations as possible in which Town officers, boards, committees
and commissions require some form of security from applicants, provided
only that this Bylaw shall not apply to deposits or other financial
surety received under G.L. c. 41, § 81U. Without limiting
the generality of the foregoing, this Bylaw shall apply to surety
required by (a) the Board of Selectmen to secure performance under
any contract which such board is authorized to execute by general
or special law or by any of the General Bylaws; (b) the Board of Selectmen
to secure performance of any condition for the issuance by such board
of any license, permit or approval including, without limitation,
a street opening permit or drain connection permit; and (c) the Conservation
Commission to secure performance of any obligation undertaken by an
applicant for an order of conditions or other approval granted by
such commission.
If any term, condition or provision set forth in this Bylaw
should be found by a court of competent jurisdiction to be illegal,
invalid or unenforceable as applied under particular circumstances,
such term, condition or provision shall not be deemed stricken from
this Bylaw but rather shall be, to the greatest extent possible, deemed
applicable only to such circumstances as will not support a finding
of such illegality, invalidity or unenforceability. The illegality,
invalidity or unenforceability of any term, condition or provision
of this Bylaw shall not affect the legality, validity or enforceability
of any other term, condition or provision of this Bylaw.