[Adopted 6-4-2013 ATM by Art. 17, approved 3-22-2016 (Art. 94 of the 2011 General By-Laws)]
In accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 6N, the Department of Public Works may make temporary repairs to private ways in Town, but solely to the extent, and in the manner, that is provided in this article.
A. 
The Department of Public Works shall have the authority to make temporary major repairs to a private way, such as surfacing, resurfacing, reconstruction, grading and the installation and upgrading of drainage, in order to ensure that said way complies with the design and construction standards of the Department of Public Works and the Planning Board. The scope of repairs that are necessary in order to meet these standards shall be within the sole determination of the Department of Public Works.
B. 
This article does not permit the Department of Public Works to undertake temporary minor repairs of private ways, such as filling, patching or leveling potholes or minor depressions.
A. 
The Department of Public Works may make temporary major repairs only to a private way that has been continuously open to public use for at least the previous 10 years; provided, that no such repairs may be made when the developer of said private way has the ongoing responsibility, whether by contract, recorded instrument or decision of the Planning Board or Board of Appeals, to repair or maintain the same, or when a homeowner's association or other private entity has been established for such purposes.
B. 
Prior to any temporary major repairs being made to a private way, the owners of 2/3 of the lots that abut that private way must sign and submit a petition to the Select Board indicating their desire for such repairs. No temporary major repairs may be commenced by the Department of Public Works until and unless the Select Board determines either that the current condition of the private way is a threat to public safety and that such repairs are therefore necessary, or that it is in the interests of the Town to improve the private way so that it is suitable for acceptance by the Town as a public way.
The entirety of the cost of any temporary major repairs that are made to a private way shall be assessed as betterments against each lot that abuts the private way, in accordance with the provisions of Massachusetts General Laws, Chapter 80. No payment shall be required in advance of the commencement of any such repairs.
A. 
The Town shall not be liable for any damages that arise from, or are caused by, any repairs that are made pursuant to the provisions of this article, or any actions that are taken by the Town, or its employees, officials, officers or agents, in making said repairs. Massachusetts General Laws, Chapter 84, Section 25, shall not apply to any private ways that are repaired pursuant to the provisions of this article.
B. 
The making of temporary major repairs to a private way by the Department of Public Works pursuant to the provisions of this article shall not obligate the Town to maintain, or make future repairs to, that private way.
Any private way that receives temporary major repairs pursuant to the provisions of this article must remain continuously open and available for public use. Any individual the interferes, or seeks to interfere, with this public use shall be subject to a fine of $100, which shall be enforced in accordance with the non-criminal disposition procedures as provided in Chapter 60, Article I, of the General By-Laws and Massachusetts General Laws, Chapter 40, Section 21D. Each day of a continuing violation shall constitute a separate violation.