The provisions of this article shall apply only to streets or
ways whose use is for the common convenience and travel of occupants
on either side thereof, and not to streets or ways which are not open
to the public.
No sewer or drain to connect with the sewage system of the city
shall be placed and no water pipe shall be laid in any private street
or way or in any street or way that has not been accepted as such
by the city unless the location, grade and alignment of such sewer,
drain, or water pipe has been approved by the commissioner of public
works and the work of constructing such sewer and drain and the laying
of such water pipe shall be under the supervision of the commissioner
of public works. The commissioner of public works shall not approve
the construction of sewers and drains or the laying of water pipes
in any street or way of a subdivision as defined by section 81L of
chapter 41 of the General Laws unless the plat of such subdivision
has been approved by the planning board. The grade and alignment for
water pipes shall be established in the same manner as for sewers,
and in either case shall be so laid that the street may be graded
to a surface recommended by the commissioner of public works and the
city engineer. Such recommendation and the survey necessary therefore
shall precede the laying of any such pipes. The city engineer shall
place on file in his office a profile of such street or way showing
the recommended grade as above indicated.
The commissioner of public works may, except in subdivisions
the plat of which has not been approved by the planning board, direct
the laying of pipes for water or sewage in any street or way that
has not been accepted as such by the city whenever in his opinion
the needs of the people owning property abutting on such street or
way, and the interest of the city are best served by the laying of
such pipes, subject to the provisions of the following sections and
provided an appropriation has been made therefor.
The right to construct, maintain and repair piping for water
or sewage through a private street or way shall be granted by the
abutting owners thereof to the city, and must include the free and
unobstructed use of, or use for the above mentioned purpose of a right
of way, whose width shall be determined by the commissioner of public
works and the owners of the property. Such right of way shall not
at any time be occupied by any structure or attachment thereto; nor
shall the city, insofar as such agreement concerns, occupy such right
of way for purposes other than construction, maintenance or repair
of the sewer or water pipes,
The persons owning property abutting on a street or way referred
to in this article shall waive all claims for damages that may be
caused by the placing or laying of pipes for sewer or water, and all
claims for damages that may be caused by any change in the grade of
the street or way as recommended by the commissioner of public works
and the city engineer, except such damages as may be caused by incompetent
or careless workmanship during construction.
During the laying of water, sewer or drain pipes regulated by
this article, the city shall protect the trenches by lights or guards
in the same manner as is done in connection with its work on accepted
streets, and shall, upon completion of such work, refill the trench,
leaving the street in reasonably good condition, but the city shall
not be required thereafter to place or maintain such street or way
in safe and convenient condition for travel, nor shall it be responsible
for damages that may result from the continued use of or travel upon
such street or way.
All sewer connections under this article shall be under the
supervision of the commissioner of public works.
One-half of the expense of construction and laying of the several
systems of sewers in new subdivisions hereafter adopted, shall be
paid by the city. Assessments of the remaining half shall be made
upon the owners of abutting property within the territory of such
systems in accordance with the provisions of the General Laws, chapter
80 and chapter 83, sections 14 to 24. A fixed uniform rate based upon
the estimated average cost of all sewers therein, both according to
the frontage of such properties on any street or way where a sewer
is constructed, and according to the area of such properties on any
street or way where a sewer is constructed, and according to the area
of such properties within a fixed depth of 120 feet from such street
or way; but no assessment in respect to any such property, which by
reason of its grade or level or for any other cause, cannot be drained
into such sewer, shall be made, certified or notified until such incapacity
is removed. Where such properties abut upon more than one street or
way, such assessment shall be made upon one such street or way, and
upon so much of such other streets or ways as are not exempt by the
city council, and the city council may exempt from assessment so much
of the frontage on such other streets or ways as it deems just and
equitable.
The commissioner of public works shall keep an accurate account
of the expense of laying, making or repairing each domestic or sanitary
sewer, and shall periodically report to the city council, through
the mayor, in all cases where assessments for such laying, making
or repairing should be made. The city engineer shall prepare and submit
to the city council, through the mayor, plans of the properties to
be assessed, showing names of the owners, the frontage and areas,
together with a schedule showing the assessment on each of the properties
upon which an assessment should be made. The amount assessed and certified
by the city council shall be entered upon the plan prepared for assessments.
The collection of assessments shall be accomplished in accordance
with the General Laws.
