[Adopted as Ch. 10, § 10-5, of the General Bylaws]
The Town of Groveland may make temporary repairs on private
ways which have been opened to public use for a period of six years
or more, provided the repairs are for the protection of the health
and safety of the general public using such roads.
Such repairs shall include the filling of holes in the subsurface
of such ways and repairs to the surface material thereof. Materials
for such repairs, where practical, should be as, or similar to, those
used for the existing surfaces of such ways, but may include surfacing
with bituminous materials, including but not limited to bituminous
concrete.
[Amended 4-24-2023 ATM by Art.
16]
Drainage improvements, as determined by the Highway Superintendent
to be necessary as a result of the repairs, may also be done. Drain
repairs shall be made only if petitioned for by all the abutters who
own frontage on such ways and with the approval of the landowner,
if necessary, and if the Board of Selectmen declares that it is required
by the public necessity and convenience to make such repairs based
on an advisory opinion of the Highway Superintendent. Drainage easements
shall, if necessary, be the responsibility of the petitioners. The
cost of such repairs shall be paid by the abutters by a cash deposit
as herein provided.
[Amended 4-24-2023 ATM by Art.
16]
No repairs shall be commenced unless and until a cash deposit
equal in amount to the estimated cost of such repairs, as determined
by the Highway Superintendent, is paid to the Town and the Board of
Selectmen has given its approval for the project. No betterment charges
shall be assessed for such repairs.
The Town shall not be liable on account of any damage whatsoever
caused by such repairs. The Board of Selectmen may require an indemnity
agreement executed by the petitioning abutters, indemnifying the Town
for all claims and damages which may result from making such repairs.
[Amended 4-24-2023 ATM by Art.
16]
The Town may, subject to the approval of the Board of Selectmen
and based on the advisory report of the Highway Superintendent, make
temporary minor repairs to private ways not to exceed $500 in total
or aggregate per way in any one calendar year, provided the private
way has been open to public use for a period of six years or more.
The repair shall be limited to minor work such as filling, patching,
and not more than grading or scraping twice per year. No such repairs
shall be done unless there is unanimous agreement by all abutters
that the work shall commence and the Town of Groveland shall be held
harmless from any and all damages or claims arising out of such repairs.
