[Adopted 5-24-1993 ATM, Article 40[1] ]
The Town of Georgetown may make temporary repairs
on private ways which have been opened to public use for a period
of six years or more, provided that 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.
Drainage improvements, as determined by the
Highway Surveyor 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 land owner, if necessary, and if the Board of Selectmen declares
that they are required by the public necessity and convenience to
make such repairs based on an advisory opinion of the Highway Surveyor.
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.
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 Surveyor, 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.
The Town may, subject to the approval of the
Board of Selectmen and based on the advisory report of the Highway
Surveyor, make temporary minor repairs to private ways not to exceed
$500 in total or aggregate per way in any one calendar year, provided
that 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 Georgetown
shall be held harmless from any and all damages or claims arising
out of such repairs.
