[HISTORY: Adopted by the Town Meeting of the Town of Plymouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-16-1974 ATM by Art. 58 (Ch. 162, Art. I, of the 1999 Code)[1]]
[1]
Editor's Note: Original § 162-1 of the 1999 Code, Coasting and other street games, was repealed 10-18-2025 ATM by Art. 10.
[Amended 5-20-2006 ATM by Art. 32; 10-18-2025 ATM by Art. 10]
A. 
Public shade trees; definitions. All trees within a public way or on the boundaries thereof, including trees planted in accordance with the provisions of MGL c. 87, § 7, shall be public shade trees; and when it appears in any proceeding in which the ownership of or rights in a tree are material to the issue that, from length of time or otherwise, the boundaries of the highway cannot be made certain by records or monuments, and that for that reason it is doubtful whether the tree is within the highway, it shall be taken to be within the highway and to be public property until the contrary is shown.
B. 
Powers of the Tree Warden. The Tree Warden may appoint and remove Deputy Tree Wardens, and each shall receive such compensation as the Town determines or, in default thereof, as the Select Board allow. The Tree Warden shall have the care and control of all public shade trees, shrubs and growths in the Town, except those within a state highway, and shall have care and control of the latter, and shall enforce all the provisions of law for the preservation of such trees, shrubs and growths. He shall expend all money appropriated for the setting out and maintenance of such trees, shrubs and growths, and no tree shall be planted within a public way without the approval of the Tree Warden, until a location therefor has been obtained from the Select Board. The Tree Warden may make regulations for the care and preservation of public shade trees and establish fines and forfeitures of not more than $500 in any one case for violation thereof; which, when posted in one or more public places, and when approved by the Select Board, shall have the effect of Town bylaws.
No person shall place or cause to be placed upon any footpath, sidewalk or street any wood, coal, lumber, iron, trunks, bales, boxes, crates, casks, barrels, packages or other things after being notified by a constable or police officer not to so place the same, and the owner of or any person who may have placed any of said articles upon any footpath, sidewalk or street shall remove the same within 60 minutes after being notified by a constable or police officer to remove the same.
[Amended 10-18-2025 ATM by Art. 10]
A. 
Any person who intends to erect, repair or take down any building on land abutting on any way which the Town is obliged to keep in repair and desires to make use of any portion of said way for the purpose of placing thereon building materials or rubbish shall give notice thereof to the Select Board, and thereupon the Select Board may grant a permit to occupy such a portion of said way to be used for such purpose as in their judgment the necessity of the case demands and the security of the public allows, such permit in no case to be in force longer than 90 days and to be on such conditions as the Select Board may require, and especially, in every case, upon condition that during the whole of every night, from twilight in the evening until sunrise in the morning, lights shall be so placed as effectually to secure all travelers from liability to come in contact with such building materials or rubbish.
B. 
In case any person shall use any portion of such way for the purposes mentioned in Subsection A without the permit, in writing, of the Select Board, as therein provided, or for a longer time than so permitted or shall fail to comply with the requirements of Subsection A, the party so in default shall reimburse the Town all expenses, by way of damages or otherwise, which the Town may be compelled to pay by reason of the way being encumbered.
No person shall erect or maintain any sign over any street or sidewalk in the Town of Plymouth without first having obtained a permit, in writing, from the appropriate board and without first having furnished a surety bond providing indemnity in a sum not less than $1,000 for the purpose of protecting travelers on the sidewalks and highways.
A. 
No awning which is made to roll over a framework of iron or other material or to fold close to or against a building shall be erected or maintained over a sidewalk unless its lowest part is a least seven feet six inches above the sidewalk, nor shall it project beyond the width of the sidewalk. No person shall install an awning or other similar structure without first having obtained a permit, in writing, from the Select Board, and, if the Board so orders, the application for a permit shall be accompanied by detail plans made to scale showing the character of the construction of the same, and the applicant may be required to provide satisfactory bond, if the Select Board so requests.
B. 
No air conditioner which shall project over a street shall be installed in a building unless its lowest part is at least seven feet six inches above the street.
A. 
The owner or his or her agent having charge of any building or lot of land bordering on any street or public place within one mile from the shoreline from Jabez Corner to the Kingston line, where there is any improved sidewalk in front of the same, shall, after the ceasing to fall of any snow, within 24 hours, cause a passable path or track to be cleared, made or beaten through the snow, and wherever within said limits there may be a paved sidewalk, the same shall be cleared within six hours of daylight after the ceasing to fall of any snow, so that not more than one inch of ice or snow remains thereon.
B. 
The Select Board may, from time to time, for periods of not more than one year, grant, in writing, exemptions from the operation of this section for such places as they may think proper.
Owners of buildings along the line of public ways shall have such buildings numbered in accordance with plans approved by the Select Board and in a manner acceptable to said Board.
[Adopted 4-8-1976 ATM by Art. 18; amended in its entirety 5-20-2006 ATM by Art. 34 (Ch. 162, Art. II, of the 1999 Code)]
[Amended 10-18-2025 ATM by Art. 10]
As used in this bylaw, the following terms shall have the meanings indicated:
ABUTTER
An owner of property whose property adjoins or touches a road at any point.
AVERAGE DAILY TRIPS (ADT)
Average number of motorized vehicles using any road each day.
COLLECTOR ROAD
Road that serves to connect to other roadways.
DEPARTMENT/DIRECTOR
The Director of Public Works or designee thereof.
GRADING
A form of temporary repair of an unpaved road limited to the leveling and restoration of the surface.
GRAVEL ROAD STANDARD
Description of design, construction and maintenance standards for roads having a permeable travel surface, generally consisting of an excavated base, graded and crowned subsurface, and stabilized travel surface. This standard may be further specified in regulations of the Director.
LOCAL ROAD
Road used primarily by abutting landowners, not serving as a collector road, with ADT of fewer than 200. This standard may be further specified in regulations of the Director.
MAJOR COLLECTOR
Road used by general traffic that connects a minor collector or local road to a principal arterial road, with a traffic count in the range of 1,000 to 5,000 ADT.
MINOR COLLECTOR
Road used by general traffic to connect neighborhoods, or connect a local street to a major collector, with a traffic count in the range of 200 to 1,000 ADT.
MINOR COLLECTOR OF SPECIAL CHARACTER (MCSC)
A type of minor collector road, having recognized environmental, historic and/or scenic characteristics, that is subject to public review through the road review process prior to modification of layout, design or surface material, with the exception of upgrades to gravel road standard, in accordance with standards in this bylaw developed and administered by the Select Board and Planning Board, with input from the Director and the Roads Advisory Committee.
PAVING
Application of an impermeable surfacing material, including, but not limited to, bituminous asphalt.
PRINCIPAL ARTERIAL ROAD
A road that directly connects to a state road or serves as a major connector to neighboring towns, with a traffic count of over 5,000 ADT.
PRIVATE ROAD
A road that has not become public by action of Town Meeting, the Commonwealth of Massachusetts or the County of Plymouth, or by dedication or prescription.
PRIVATE ROAD MANAGEMENT POLICY
A written policy that shall be developed by the Director analyzing and identifying those private roads the temporary repair of which is deemed to serve the general public interest.
ROAD CLASSIFICATION
A system for categorizing roads pursuant to regulations of the Select Board consistent with this bylaw, based upon network hierarchy, traffic count (ADT), and other characteristics, where major road categories include, but are not limited to, the following: State Road, Principal Arterial Road, Major Collector, Minor Collector, Local Road, MCSC and RCR. This term applies to the addition of any road to, removal from, or change in any MCSC or RCR classification.
ROAD IMPROVEMENT, MAJOR
Construction or reconstruction, paving of previously unpaved surfaces, widening, straightening, clearing of substantial amounts of vegetation.
ROAD IMPROVEMENT, MINOR
Repair, grading or other minor alteration to roadway surface within the existing layout, and minor drainage or safety improvements, not having the effect of altering the road so as to allow for a significant increase in ADT or speed of vehicular travel.
ROAD REVIEW
Public process involving the Select Board, Planning Board, and Roads Advisory Committee for the purpose of assisting the Director in the management of road classification, improvement, management, and betterment issues for MCSC and RCR, and other such matters as the Select Board may request, in accordance with the improvement provisions for MCSC and RCR in § 270-10, road review and classification provisions in § 270-11 and § 270-12, and betterment provisions in § 270-13.
ROADS ADVISORY COMMITTEE
The Select Board shall appoint a Roads Advisory Committee of such number and composition as the Select Board shall determine appropriate. The Committee shall include at least one member each from the Select Board and Planning Board, or their designees, and shall be responsible to the Select Board for review and recommendations concerning:
A. 
Classification or reclassification of gravel or private roads;
B. 
Requests for paving of an MCSC;
C. 
Requests for upgrading to gravel road standard and paving of an RCR;
D. 
Road management issues;
E. 
Betterment assessment issues; and
F. 
Other road-related issues at the request of the Select Board.
RURAL CONSERVATION ROAD (RCR)
A low traffic road, whether or not currently paved, that traverses land significant to the environmental, historic, and/or scenic heritage of the neighborhood in which it is located and/or the Town, the character of which is threatened by significant unplanned and undesired traffic growth as a result of nearby development or overall Town growth.
STATE ROAD
A regional connector road owned or controlled by the Commonwealth of Massachusetts, including, but not limited to, Routes 3, 3A, and 44.
TEMPORARY REPAIR OF PRIVATE ROAD
Minor corrective or restorative work done on a private road, such as grading, partial base reconstruction or minor drainage improvement.
The Town may expend funds for construction, maintenance and repair of accepted Town ways and for temporary repair of any private road, only in compliance with this bylaw. Other than temporary repair to a private way open to the public, as may be authorized by the Select Board consistent with this bylaw, the Town shall do road improvement or other work only on roads which:
A. 
Have been accepted by the Town, or have become public by dedication or other statutory means, by prescription; or
B. 
Are shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, MGL c. 41, §§ 81K through 81GG, having no outstanding bonds or covenants requiring completion of those roads; or
C. 
Provide access to Town facilities, in which case, work done under this subsection shall be limited to providing minimum access for Town equipment to such facilities only, and shall not be construed as maintenance and use as a public way within the meaning of MGL c. 41, § 81L; or
D. 
Have been certified as maintained and used as a public way by the Town Clerk, pursuant to MGL c. 41, § 81L and have been open to the public for a period of six or more years.
A. 
Minor collector of special character road (MCSC). Minor collector of special character road(s) may be (a) upgraded to gravel road standard without seeking approval through the public review process described in § 270-11; and (b) paved, in accordance with the public review process, also described in § 270-11. These improvements may be funded through any combination of general funds, betterments, gifts, or payments by benefited parties. Unpaved MCSC roads may not be paved without first being upgraded to gravel road standard.
B. 
Rural conservation road (RCR). Rural conservation road(s) may be (a) upgraded to gravel road standard subject to the public review process described in § 270-11; and (b) paved, also subject to the public review process described in § 270-11. These improvements may be funded through any combination of general funds, betterments, gifts, or payments by benefited parties. Unpaved RCR roads may not be paved without first being upgraded to gravel road standard.
[Amended 10-18-2025 ATM by Art. 10]
A. 
The following process applies to:
(1) 
Inclusion, removal, reclassification of MCSC and RCR;
(2) 
Requests for paving of an MCSC;
(3) 
Requests for upgrading to a gravel road standard and paving of an RCR;
(4) 
Road management issues related to MCSC and RCR;
(5) 
Betterment assessments related to MCSC and RCR; and
(6) 
Other road-related issues at request of Select Board.
B. 
Road review process.
(1) 
Matters subject to the road review process may be generated by:
(a) 
A petition to the Select Board from 75% of abutters;
(b) 
The Select Board;
(c) 
The Planning Board; or
(d) 
The Director of Public Works.
(2) 
Prior to consideration by the Select Board, the Director shall conduct an assessment of the following: whether improvement or paving of the road is consistent with the Director's Road Management Program; whether the road has been previously improved to gravel road standard; whether, under the circumstances of traffic demand, road design and other safety considerations, upgrading or paving of the roadway is warranted; whether there has been any prior public input to the Director on that matter and to what effect; and the estimated costs of road preparation and other work. The Director shall also evaluate comparative costs, if any, of requested actions to users of the road and to the Town. This report shall be delivered to the Select Board and Roads Advisory Committee.
(3) 
The Planning Board shall conduct a public hearing to obtain comment on the above petition and recommendations, and, after consultation with the Director of Public Works and the Director of Planning and Development, shall submit a written report with recommendations to the Select Board, copied to the Roads Advisory Committee.
(4) 
The Roads Advisory Committee shall submit a written report with recommendations to the Select Board.
(5) 
The Select Board shall review the recommendations and act on said petition. If public funds are to be used to achieve all or part of the Board's decision, the funds will be subject to Town Meeting appropriation.
A. 
The change in classification of any road classified as MCSC or RCR in the Road Improvement Regulations of the Select Board dated April 18, 2006, or the addition to or removal from said classifications of any road, shall be made only in conformance with regulations of the Select Board adopted pursuant to this bylaw.
B. 
In addition to the general characteristics contained in the definitions of MCSC and RCR, the following specific environmental, historic, scenic and/or geometric attributes must be established for inclusion in the MCSC or RCR categories:
(1) 
Proximity to surface water so as to be within the jurisdiction of the Conservation Commission pursuant to state or Town law;
(2) 
Existence of rare or endangered species;
(3) 
Proximity to historic attributes, including, but not limited to, ancient cemeteries, publicly recognized historic structures and monuments;
(4) 
Special landscape or scenic features, including, but not limited to, trees and canopies, scenic vistas, stone walls or other distinguishing constructed elements;
(5) 
Abutting land designated conservation land, state or Town forest;
(6) 
Proximity of residences within 50 feet of the traveled road edge, which would be significantly impacted by changes to the road; and/or
(7) 
Presence of or suitability for pedestrian or bicycle use that may be threatened by proposed changes.
In addition, inclusion must be consistent with the Town's Master Plan.
A. 
Assessment for the cost of improvements to any public road, or to the upgrade of a MCSC or RCR, or for temporary repair to any private way pursuant to this bylaw shall be made upon the several parcels of land receiving direct or indirect benefit, the amount thereof to be determined by one or a combination of the following methods:
(1) 
A fixed uniform rate based upon the estimated average cost of said work according to the frontage of such land on any way in which work is done; or
(2) 
According to the area of such land within a fixed depth from such a way; or
(3) 
According to valuation for purposes of taxation in the last annual assessment; or
(4) 
According to the developable residential units of the benefited land; or
(5) 
According to trip generation projections using Institute of Traffic Engineers (ITE) guidelines; or
(6) 
According to two or more or all of such measures; or by any other reasonable method.
B. 
The donation of land or easements directly related to said improvements may be considered in lieu of monetary considerations.
C. 
Once a project is approved, at least 75% of abutters must agree to acceptance of the betterment and all its obligations prior to expenditure of Town funds or commencement of work.
D. 
In making such assessment, the Select Board may, as it determines appropriate, consult with and/or request a report from the Director of Public Works containing a recommendation on the proposed work, its nature and detailed cost estimate, and/or consult with the Roads Advisory Committee.
Local streets may be upgraded to gravel road standard or paved, or receive temporary repair of a private road, by petition of 75% of abutters and owners, pursuant to the following process. Costs may be borne by betterment, payment by other benefited parties, gifts or otherwise.
A. 
Petition: 75% of the fee owners of and abutters to any private local road that has been open to the public for vehicular travel for a period of at least the prior six years may petition the Select Board for authorization of temporary repair by the Town to such private road, subject to the provisions of this bylaw.
B. 
Procedure. Upon receipt of said petition, the Select Board may, but is not obligated to, request the Director of Public Works to provide a report and recommendation thereon, including recommendations as to the necessity for any temporary repair and identification of any public good to be achieved thereby, the nature of any recommended repair, including limitations thereon, and an estimate of the cost of such temporary repair, and any betterments to be assessed.
C. 
The Director shall meet with petitioners and outline optional solutions, relative cost estimates and possible sources of funding for each option.
D. 
If 75% of abutters agree to an option and assume the financial and other obligations connected with said option, the Town may proceed with the legal, engineering and other work required to make the road improvement.
E. 
The Town shall not undertake to make any local road improvement unless 75% of abutters to the road shall first agree in writing, pursuant to § 270-16, to release the Town from any claim of public way status or liability, and agree to indemnify the Town and to pay any betterment assessment in excess of the amount, as estimated by the Director.
The Town shall make temporary repair of private roads only as to such roads as are actually open to public use, and as authorized and approved by the Select Board; and provided that Town Meeting has appropriated money therefor in a general fund or special article for repairs on private ways, or there is available another source of funding of all related costs, whether by betterment, payment by benefited parties, gifts or otherwise.
A. 
The Town shall not be liable for any damages to persons or property caused by such repairs, nor for any claim of public road status pursuant to MGL c. 84, § 25, on account of such repair.
B. 
The Select Board shall require an indemnity agreement to be executed by the petitioners indemnifying the Town for all claims and damages which may result from making such repairs, including a waiver of any claim of public road status pursuant to MGL c. 84, § 25 on account of such repair. Such agreement shall be acknowledged before a notary public, be recorded with the Plymouth District Registry of Deeds and be binding upon successors and assigns of affected property owners.
A. 
The Select Board shall adopt Road Classification Regulations for the purpose of identifying roads classified as MCSC and RCR and for otherwise managing road classification in a manner consistent with this bylaw. At a minimum, the Road Classification Regulations shall be amended from time to time to indicate additions to, removal from, or changes in the classification of any road, consistent with this bylaw.
B. 
The Director of Public Works may also, at the request and approval of the Select Board, adopt regulations in furtherance of the purpose and administration of this bylaw.