For the purpose of enabling safe and convenient passage for
public safety vehicles and the public over private ways open to and
serving the general public, The Selectmen may designate for temporary
repairs in a given year certain private roads that are open to the
public, and Town Meeting may appropriate funds for said purpose, subject
to the conditions set forth herein. No temporary repair may be made
unless the Selectmen have previously determined that such repair is
required by public necessity and an appropriation therefore is available.
The Selectmen may adopt regulations for the general administration
of this bylaw and prescribing deadlines and procedures for submission
of petitions, including official forms for petitions and indemnification,
and may determine therein or by vote from time to time which, if any,
private ways open to the public may receive temporary repair, and
to the extent and types of repairs that may be made, subject to the
availability of appropriation. Any private way that receives repairs
pursuant to this bylaw must remain continuously open and available
for public use.
Temporary repairs are limited to those as are determined by
the Selectmen to be required as a public necessity, including but
not limited to, minor grading and patching, resurfacing, installation
and repair of drainage, not to exceed $100,000 in value. "Temporary
repairs" does not include new construction of sidewalks or streets.
At a minimum, each private road shall meet the following requirements:
A. Opened to and used by the public for a term of five or more years;
B. With a traveled and improved width of at least 14 feet wide, clear
of overhanging branches or other obstructions for at least such width,
to a height of at least 14 feet;
C. Serving as access to 10 or more residences or businesses.
The Selectmen may assess betterments, according to the circumstances
of each private way, including but not limited to consideration of
the use of the road by the public.
A. When all estimated costs associated with the temporary repairs are
less than $400 per abutter, the total amount of the repair must be
furnished prior to the start of any work. When the total costs exceed
$500 per abutter, a betterment will be assessed.
B. If the project is approved after the public hearing, the Selectmen
will approve the certified abutters list, adopt an order of assessment
and estimate of betterments in accordance with MGL c. 80.
C. After approval of the warrant article at Town Meeting, the Town Treasurer
shall record the Order of Assessment and Estimate of Betterments at
the Barnstable County Registry of Deeds.
D. Within six months of the completion of the project, the DPW will
provide the Town Assessor with the final costs of the project in order
to assess the betterment for each property. Betterments will be assessed
on a per-lot (parcel) basis shall constitute a lien, and be assessed
in accordance with MGL c. 80, § 12.
E. Repayment will occur in accordance with the following schedule:
(1) Prior to construction: $0 to $499.
(2) Within five years of when assessment is levied: $500 to $1,999.
(3) Within 10 years of when assessment is levied: $2,000 or greater.
The Town shall not be liable for any damage to persons or property
caused by such repairs, nor for a claim of public road status on account
of such repairs. Massachusetts General Law Chapter 84, § 25
shall not apply to the repairs. Any future maintenance or necessary
repairs shall be the sole responsibility of the abutters.