[HISTORY: Adopted by the Annual Town Meeting of the Town of Eastham 9-26-2020 ATM by Art. 32. Amendments noted where applicable.]
For the purpose of enabling safe and convenient passage for public safety vehicles and the public over private ways open to and serving the general public, The Selectmen may designate for temporary repairs in a given year certain private roads that are open to the public, and Town Meeting may appropriate funds for said purpose, subject to the conditions set forth herein. No temporary repair may be made unless the Selectmen have previously determined that such repair is required by public necessity and an appropriation therefore is available.
The Selectmen may adopt regulations for the general administration of this bylaw and prescribing deadlines and procedures for submission of petitions, including official forms for petitions and indemnification, and may determine therein or by vote from time to time which, if any, private ways open to the public may receive temporary repair, and to the extent and types of repairs that may be made, subject to the availability of appropriation. Any private way that receives repairs pursuant to this bylaw must remain continuously open and available for public use.
Temporary repairs are limited to those as are determined by the Selectmen to be required as a public necessity, including but not limited to, minor grading and patching, resurfacing, installation and repair of drainage, not to exceed $100,000 in value. "Temporary repairs" does not include new construction of sidewalks or streets.
At a minimum, each private road shall meet the following requirements:
A. 
Opened to and used by the public for a term of five or more years;
B. 
With a traveled and improved width of at least 14 feet wide, clear of overhanging branches or other obstructions for at least such width, to a height of at least 14 feet;
C. 
Serving as access to 10 or more residences or businesses.
A. 
The signature of two-thirds of owners of property abutting the road is required;
B. 
An executed indemnification of the Town in a form prescribed by the Selectmen must accompany each petition;
C. 
The Town of Eastham will begin receiving applications on July 1 of every calendar year.
D. 
A nonrefundable deposit in an amount determined by the Select Board, but not to exceed $500, shall be made to the Town for the development of a preliminary scope of work. If after initial investigation by the Department of Public Works (DPW) it is determined that additional engineering, surveying or title research is required, the scope of work will include an estimate of these costs. The nonrefundable fee will be credited against the assessment of betterments.
E. 
The Town will generate a certified list of abutters to the road which will be the official list of abutters for the purposes of the project.
F. 
The abutters shall appoint one person to act as their representative to the Town for the purpose of the project, who will be known as the applicant. The applicant will be responsible to submit the official application, appear at public hearings, and track the progress of the project and report to the other abutters.
G. 
Once the applicant has accepted the scope of work, the Town will send each abutter on the certified list a breakdown of their estimated share of the total betterment costs for their signature and approval. The estimated betterment cost will include all the costs of the project and may include engineering, surveying, materials, labor, formal layout plans and legal fees if any.
H. 
The Town must receive the executed forms from two-thirds of the abutters by December 1 in the year the application was made in order for the project to move forward. If the package is not complete by the deadline, the applicant must wait and re-apply the following July 1.
I. 
Once the Town receives the executed betterment forms from two-thirds of the abutters, the DPW will forward the completed application to the Town Manager with a request for a public hearing with the Select Board. At that hearing, the Select Board will review the petition and if approved, will then vote to recommend a warrant article for funding the work at the next Town Meeting.
The Selectmen may assess betterments, according to the circumstances of each private way, including but not limited to consideration of the use of the road by the public.
A. 
When all estimated costs associated with the temporary repairs are less than $400 per abutter, the total amount of the repair must be furnished prior to the start of any work. When the total costs exceed $500 per abutter, a betterment will be assessed.
B. 
If the project is approved after the public hearing, the Selectmen will approve the certified abutters list, adopt an order of assessment and estimate of betterments in accordance with MGL c. 80.
C. 
After approval of the warrant article at Town Meeting, the Town Treasurer shall record the Order of Assessment and Estimate of Betterments at the Barnstable County Registry of Deeds.
D. 
Within six months of the completion of the project, the DPW will provide the Town Assessor with the final costs of the project in order to assess the betterment for each property. Betterments will be assessed on a per-lot (parcel) basis shall constitute a lien, and be assessed in accordance with MGL c. 80, § 12.
E. 
Repayment will occur in accordance with the following schedule:
(1) 
Prior to construction: $0 to $499.
(2) 
Within five years of when assessment is levied: $500 to $1,999.
(3) 
Within 10 years of when assessment is levied: $2,000 or greater.
The Town shall not be liable for any damage to persons or property caused by such repairs, nor for a claim of public road status on account of such repairs. Massachusetts General Law Chapter 84, § 25 shall not apply to the repairs. Any future maintenance or necessary repairs shall be the sole responsibility of the abutters.