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HomeMy WebLinkAbout2006 ATM-ARTICLE 10-FORM 3-#1-FINAL CH. 161 STREETS OF NORTH qti et.lEO is U p 0^yq9 9SSNCHUSES TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw, CMMC Telephone (978) 688-9501 Town Clerk Fax (978) 688-9557 E-mail jradshaw(&townofnorthandover.com This is to certify that the following is the text of Chapter 161 — Streets and Sidewalks of the General Bylaws for the Town of North Andover as amended by Article 10 of the Dissolved Annual Town Meeting for the Town of North Andover held May 8, 2006, June 5, 2006 and June 6, 2006: Chapter 161 STREETS AND SIDEWALKS [HISTORY: Adopted by the Town of North Andover as Chapter 5, Section 5.1 of the General Bylaws. Amendments noted where applicable.][June 6,2006 Annual Town Meeting,Article 10-161-5 —Pending AG Approval] § 161-1 Authority to Regulate; Penalties § 161-2 Snow and Ice Removal § 161-3 Street Excavation Permit § 161-4 Driveway Permits § 161-5 Leaf Regulations—Penalties § 161-6 Repairs to Private Ways § 161-7 Consideration of Street Acceptances Under A Single Article § 161-1 Authority to Regulate; Penalties. A. The Selectmen may make such rules and regulations as they deem necessary, under the revised laws, in relation to the passage of vehicles through the streets and ways of the town. B. Any violation of said rules and regulations shall be punished by a fine of not less than one dollar ($1) nor more than twenty dollars ($20). § 161-2 Snow and Ice Removal. No snow or ice shall be deposited upon any portion of a way open to public travel for the safe maintenance of which the town is responsible, except by town employees acting in the proper performance of their duties. This provision shall not prohibit an occupant of premises abutting upon such a way from clearing snow or ice from a sidewalk in front of such premises, or from that part of any driveway or other means of access from such premises to the way, provided that such clearing does not result in a narrowing of the traveled portion of the way as defined by prior snow removal procedures performed by town employees. § 161-3 Street Excavation Permit. No person shall make any excavation or other substantial change in a town way open to public travel without first obtaining a permit thereof from the Director of Public Works. Such a permit shall be granted only upon a written application therefor, which shall contain such information as to the proposed excavation change as the Director of Public Works may require, and the permit may contain any reasonable requirements, including the applicant's procurement of an adequate performance bond assuring his compliance with such requirements, the amount of such bond to be set by the Director of Public Works. In the event that such excavation cannot be completed within twelve (12) hours, the Director of Public Works shall forthwith make all necessary repairs to the town for the incident expenses. § 161-4 Driveway Permits. No driveway or other means of access to privately owned property from any public way or any way maintained by the town or shown on an approved subdivision plan shall be constructed unless a permit for its entry into said way shall first have been issued by the Director of Public Works. § 161-5 Leaf Regulations—Penalties. [Amended: Annual Town Meeting May 2, 1994,Article 30] No leaves shall be raked, swept, or deposited into piles curbside or on any property other than the owner's without permission. Any violation of this ordnance will be punishable by a fine of$200.00 or any amount set by the Board of Selectmen. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. [Added-2006 Annual Town Meeting Article 10] § 161-6 Repairs to Private Ways. [Amended: Special TownTown Meeting December 5,2005,Article 14-Approved by Attorney General April 7,2006] In accordance with the provisions of Massachusetts General Laws Chapter 40, Section 6N, the Town may make temporary repairs on private ways under the following conditions: 1. The type and extent of the repairs authorized by this bylaw shall be any and all repairs, including drainage work, necessary for safe and convenient travel by the public, up to and including work that would be required to make the private way suitable to be accepted as a public way. 2. The Director of Public Works, with the approval of the Board of Selectmen, shall authorize such repairs, and shall determine whether the repairs are required by public necessity. 3. No petition by abutters shall be required for such repairs. 4. No betterment charges shall be assessed, and no cash deposits shall be required. 5. The Town shall not be liable in any manner or amount on account of any damages caused by such repairs. 6. Such repairs shall be performed only on ways that have been open to public use for at least 6 years, as determined by the Board of Selectmen. 7. No repairs or improvements shall be done on any private ways where the owners of the private way or their successors have agreed by covenant, Planning Board Decision, or any other form of agreement that the Town shall not provide street repair or improvement services. § 161-7 Consideration of Street Acceptances Under A Single Article [Amended: Special Town Meeting December 5, 2005, Article 14-Approved by Attorney General April 7,2006] The Town Meeting may vote under a single Article in the warrant to accept streets as public ways. Such Article shall be submitted by the Board of Selectmen and shall contain a listing of the names, locations and descriptions of all streets to be laid out by the Board of Selectmen at a meeting held for that purpose pursuant to statute prior to the Town Meeting. The Town Meeting may vote to remove or reject any street or streets from the Article by amendment prior to the vote on the entire Article. The representative of the owner of any street listed in the Article shall be present at the Town Meeting for purposes of addressing the question should the need arise.