The Town may make temporary minor repairs to private ways that have been open to public use for at least 10 years, if required for public safety or the public convenience or necessity. As used in this article, the term "private way" shall mean a way that has not been accepted as a public way by the Town but is open, dedicated or available for use by the general public for travel purposes.
[Adopted5-15-2024 ATM by Art. 27]
Temporary minor repairs may include filling or patching of potholes or cracks, but shall not include drainage, tree maintenance, or extensive roadway repairs including but not limited to repaving, reconstruction, and addition of materials such as gravel or stone.
The Director of Public Works, in their discretion, may authorize the Department of Public Works to make temporary minor repairs to eligible private ways; provided, however, that the cost of all such temporary minor repairs made to a single private way shall not exceed $1,000, including labor, in any fiscal year, unless authorized by the Select Board.
The Select Board may vote to authorize temporary minor repairs exceeding $1,000 to eligible private ways if: The Director of Public Works petitions the Select Board to make such repairs, and the record owners of a majority of the lots abutting the portion of the private way to be repaired have assented to the repairs in writing; or the record owners of at least a majority of the lots abutting the portion of the private way to be repaired petition the Select Board, and the Director of Public Works determines that public safety, public convenience or necessity require such repairs; or, an emergency involving public safety requires such repairs.
The Select Board may authorize temporary minor repairs exceeding $1,000 only if the necessary funds therefor have been appropriated or are otherwise available to the Town. Betterments shall not be assessed by the Town for such temporary minor repairs. No cash deposit shall be required by the Town for such temporary minor repairs.
All temporary repairs to private ways made pursuant to this article shall be performed in accordance with standards established by the Department of Public Works. No such temporary repair shall be deemed to impose a duty or obligation on the Town to maintain or further repair the private way thereafter.
No temporary repair to a private way made pursuant to this article shall be deemed to constitute an acceptance by the Town of the way as a public way.
The Town shall not be liable for any claim, damage, loss, cost, liability, or expense, of any name, nature or description, including attorney's fees and costs, arising out of or as a result of the repairs performed on any private way by the Town or any damage resulting therefrom, including that to third parties. The Select Board or the Director of Public Works may require the owners of the properties abutting the way to execute an agreement pursuant to which all such owners agree to save, indemnify and hold harmless the Town from any and all such claims, damages, losses, costs, liabilities or expenses, including attorney's fees, arising out of or as a result of such repairs, reconstruction or improvements.