[R. O. 1947, ch. 25, § 1; Ord.
No. 1158, § IV, 9-29-2015]
Every petition for laying out, widening, altering or discontinuing
any street or way presented to the City Council shall be referred
to the Committee on Public Services.
[R. O. 1947, ch. 25, § 2; Ord.
No. 1092,[1] § IX, 11-25-2014; Ord. No. 1165, § I, 2-9-2016]
The Committee on Public Services shall not report favorably on any petition referred to in Section 20-31 until the petitioners shall have furnished to such Committee a plan of the street prayed for, showing the lands, if any, to be taken, the names of the owners thereof, and the width of the proposed street; also an agreement referring to such plan signed by all parties who either claim no damage, or will accept specific damages, stating the amount thereof; and also giving the names of all parties who decline to release or state their prospective damages.
[1]
Editor's Note: Section IX of this ordinance changed "Commissioner
of Public Works" to "Commissioner of Public Services."
[R. O. 1947, ch. 25, § 3; Ord.
No. 1092, § X, 11-25-2014[1]]
The Committee on Public Services shall appoint a time and place
for hearing all persons and corporations interested, and shall give
notice thereof at least three days before the time fixed for such
hearing by mail to each petitioner, and by publication in one or more
newspapers printed in the City. Such Committee shall view the premises
and submit a report to the City Council, which report shall state
whether public convenience and necessity require that such street
be laid out, widened, altered or discontinued; the boundaries, measurements
and grade of the street, as proposed to be laid out, widened, altered
or discontinued; the names of all owners of land included therein,
and of such of them as claim damage by the laying out, widening, altering
or discontinuing such street as proposed, with the amount of damage,
if any, proper and reasonable to be awarded to each of such owners.
[1]
Editor's Note: Section X of this ordinance changed "Commissioner
of Public Works" to "Commissioner of Public Services."
[R. O. 1947, ch. 25, § 4]
No petition for the alteration in grade of a street, involving
damage to any real estate, or affecting the convenient use and enjoyment
of any interest in such real estate, shall be favorably acted upon
unless like proceedings are had with regard to notice, hearing, report
and determination thereon, as are provided in this article in the
case of laying out streets.
[R. O. 1947, ch. 25, § 1; Ord. No. 1068, § 1,
6-27-2013]
With the exception of South Atlantic Street, no street or highway
constructed prior to August 16, 1946, shall be laid out or accepted,
the width of which is less than 40 feet, except such streets or highways
as were constructed prior to the year 1891.
[R. O. 1947, ch. 25, § 5]
Except as otherwise provided in sections 20-37 and 20-38 establishing a procedure for the laying out and acceptance of streets under chapter 80 of the General Laws, referred to in such section as the "Betterment Act," no street or way constructed on private lands by any person other than the city shall be hereafter recommended by any committee or officer of the city government to the city council for the purpose of being laid out or accepted as a street of the city, nor shall such street or way be laid out or accepted as such public street:
(a)
Unless previously constructed and completed in accordance with the
requirements promulgated by the Community Development Board, or
[Ord. No. 1250, § I, 6-28-2022]
(b)
Unless previously constructed or completed in accordance with the
specifications hereinafter set forth:
(1)
Plan and profile to be filed. A plan and profile of the street
to be laid out or accepted shall be filed in the office of the Commissioner
of Public Services. Such plan shall show among other things the profile
of the center line of the roadway and the profile of the edge of the
sidewalk or the ground at the side lines of such highway, and all
underground drains or structures for the carrying off of surface water.
It shall also show the location of bounds at all corners and angle
points, and the beginning and end of all curves, with sufficient data
so that all side lines, elevations and so forth may be readily determined
on the ground without reference to other data, documents or records.
Such plan shall also show cross sections sufficient to indicate,
in detail, the construction of the street.
[Ord. No. 1092, §§ XI—XII, 11-25-2014]
(2)
Street area to be cleared. The entire area of such street shall
be cleared of all trees, brush, stumps, roots, or encroaching structures,
except those trees which are to be preserved as shade trees, or shrubs
retained or planted for ornamental purposes.
(3)
Loam, top soil, etc., to be removed. All loam, top soil, peat
or unstable material within the area of such street shall be excavated
and removed from the limits of the street, to such depth as may be
directed by the Commissioner of Public Services.
[Ord. No. 1092, §§ XI—XII, 11-25-2014]
(4)
Grading operations. All grading operations in construction of
such street shall be as follows: [Ord. No. 1092, § XIII,
11-25-2014]
BOUNDS. Permanent bounds to city standards shall be set as shown
on the plan.
ROADWAY. Within the roadway area all excavations or embankments
shall be brought to a subgrade not less than 12 inches below, or such
greater depth as shown on the plan, and parallel to, the finished
surface as shown on the cross section.
SIDEWALKS, TREE BELTS AND SIDE SLOPES. Grading operations under
sidewalk, tree belt and side slope areas shall be brought to a subgrade
parallel to, and not less than six inches below, the finished cross
section surface, unless hard-surfaced walks are installed, in which
case the depth of subgrade below finished surface of the walks shall
be as directed by the Commissioner of Public Services. Side slopes
in excavation or embankment shall not be steeper than a ratio of two
horizontal to one vertical. No trees shall be planted unless approved
by the Commissioner of Public Services.
Embankments shall be formed of suitable excavated materials
or borrow. No loam, peat or other unstable material shall be used
in embankments. No stumps, roots, brush or material subject to decay
or decomposition shall be incorporated in embankments.
If stones, boulders or excavated rock fragments are used in
forming embankments, they shall be so disposed as not to cause unusual
difficulties in installing future underground structures and utilities.
No boulders or stone fragments so large as to necessitate explosives
for their removal in future work shall be incorporated in any embankment.
(5)
Use of gravel, etc., required. Upon the subgrade referred to
above, and within the sidewalk and the roadway area, shall be placed
a layer of clean gravel, which shall be thoroughly compacted and brought
to a grade conforming to the finished cross section of such roadway
and sidewalks. All other areas, and the side slope areas, shall be
surfaced above the subgrade with a layer of good loam accurately graded
and compacted to conform to the cross section.
Gravel used in roadway and sidewalk areas shall be composed
of hard, durable stone and coarse sand, uniformly graded from coarse
to fine, practically free from loam and clay, and having no stones
larger than six inches in their largest diameter. It shall be so spread,
graded and compacted that no stones of more than three inches in their
largest dimension shall be contained in the top four inches of the
finished layer.
(6)
Underdrains. In any area which is wet and unstable, or which
becomes wet or unstable at any season, underdrains of pipe and pervious
material shall be installed as directed by the Commissioner of Public
Services. Such drains shall be connected to permanent and adequate
outlets.
[Ord. No. 1092, § XIV, 11-25-2014]
(7)
Gutters required in certain streets. In streets which are not
hard-surfaced, adequate gutters of stone, bituminous macadam, bituminous
concrete or cement concrete, satisfactory to the commissioner of public
services, shall be constructed on all portions of the street which
have a rate of grade of 3% or more.
(8)
Surface water drains. In all cases where such street shall have
a continuous grade in one direction for a distance of 400 feet or
more, adequate surface water drains, consisting of underground pipes,
catch basins and manholes, shall be constructed in accordance with
the standard practice employed by the city, and of such dimensions
and kinds as shall be approved by the Commissioner of Public Services.
[Ord. No. 1092, § XV, 11-25-2014]
(9)
Minimum width. No street or way, dedicated to public use or
laid out or constructed by any person other than the city after August
16, 1946, shall be laid out or accepted as a public way if it is less
than 50 feet in width.
[R. O. 1947, ch. 25, § 6; Ord. No. 58; Ord. No. 128]
A street or way, not now a public street and not conforming to the requirements set out in section 20-36, may be laid out or accepted as a public street under the provisions of the Betterment Act; provided, that the following conditions are complied with:
(a)
A petition for the laying out or acceptance thereof, signed by the
owners of not less than two-thirds of the linear frontage abutting
on such street or way, shall be presented to the city council, requesting
that such street be laid out or accepted as a public street under
the Betterment Act and stipulating in appropriate form that such action
will be subject to the provisions of that Act.
(b)
Before voting that such street be laid out or accepted, the city council shall have determined that, by reason of the doing of the work required to bring such street or way into conformity with the requirements set up in section 20-36, and by reason of such acceptance, the land area of the abutters thereon receives benefit or advantage, other than the general advantage to the city, in an amount equal to 1/2 of the cost of the improvements involved in the doing of such work.
(c)
Before voting that such street be laid out or accepted, the city
council shall have further determined that the doing of the work required
as aforesaid will not involve the taking of land.
(d)
In the event it is determined to lay out or accept a street or way in accordance with this section, such work and construction shall be done on such street or way as is required to bring it into substantial conformity with the specifications set forth in section 20-36; except, that the order laying out or accepting such street may permit the omission of any sidewalks, tree belts or side slopes required by section 20-36; and 1/2 the total cost of such construction shall be borne by the city and the remaining 1/2 of such cost shall be apportioned between the abutting property owners in accordance with the linear frontage owned by each; provided, however, that, if the provisions of this section as to apportionment of cost are not in accordance with the provisions of chapter 80 of the General Laws, the provisions of such chapter shall prevail. If the costs of the plan and profile for any such street or way are paid by any of the abutting property owners, the 1/2 of the total cost of construction of such street or way which is apportioned between the abutting property owners shall be reduced, before apportionment, by 1/2 of the reasonable costs of such plan and profile as determined by the city council.
(e)
The order laying out or accepting the street shall contain a statement
in accordance with section 1 of such chapter 80, that betterments
are to be assessed by reason of such laying out or acceptance, and
shall contain a description of the area to be affected, and an estimate
of the betterments to be assessed, and shall refer to a plan of such
area, all in accordance with section 2 of such chapter 80. All proceedings
thereafter in connection with such betterment assessments shall be
in accordance with and subject to the provisions of such chapter 80.
