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Town of Marion, MA
Plymouth County
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[Adopted as Art. XXIII of the Bylaws]
The Town, acting pursuant to MGL c. 40, § 6N, shall be authorized to make temporary repairs on private ways (commonly referred to as "unaccepted streets") as therein provided.
Such repairs may include repairs to the surface and subsurface.
Repairs may include the installation, construction and repair of drainage.
Petitions for repairs shall contain a description of the repair project, together with an estimate of the cost, be signed by a majority of the abutters and submitted to the Board of Selectmen, which, after investigation and determination that said repairs are required by public necessity, may at its discretion recommend that Town Meeting authorize said repairs and appropriate funds therefor. For the purpose of this subsection, "a majority of abutters" shall mean the owners of more than 50% of the built-on and buildable lots abutting on the way or ways subject to the petition.
Betterment charges shall be assessed for repairs performed hereunder for a maximum of five years. In general, betterment charges shall be assessed by the number of built-on and buildable lots included in the repair project, each lot sharing an equal portion of the cost. Any lot receiving benefit or advantage from the repair project will be included in the assessment base equally, unless otherwise determined by Selectmen, which alternative apportionment may be requested by the petitioners.
Repairs may be included only on such ways that have been released from covenant and/or bond, open to the public, and the estimate for the repair project must exceed $5,000.
The Town shall not be liable or accountable for any damage caused by repairs made pursuant to this bylaw.