ARTICLE XII PUBLIC WAYS AND PROPERTIES
A43 May 17, 2010 (old section deleted and replaced)
Section 1
No person shall drive, propel, wheel, or draw a vehicle of any kind whatsoever, except for a wheelchair, bicycle, child’s stroller or wagon, or snow blower upon a Town sidewalk.
Section 2
No person shall place, or allow to remain, any vehicle, wood, construction material, gravel, merchandise, trash, snow, ice, basketball hoop nor any other type of obstruction within the limits of any street or upon any sidewalk so as to obstruct the travel thereon in any way.
Section 3
No person shall fasten a horse or other animal to any public place, shade tree, post, pole, or fence. No person shall allow any horse or livestock to travel upon any sidewalk.
Section 4
No person shall place any sign or notice upon any public building, shade tree, fence, street sign, or utility pole under the control of the Town, except with the permission of the Selectmen or other appropriate public agency.
Section 5
No person shall operate a motor vehicle on a public way in the Town of West Boylston at a rate of speed inconsistent with posted speed limits or that endangers public safety or convenience.
Section 6 Private Street Repairs
Requests for repairs to a private street shall be made in writing to the Board of Selectmen by a majority of the owners of property who abut said private street. A list of abutters shall be approved by the Board of Assessors prior to submittal.
All repairs will be done at the sole discretion of the Board of Selectmen.
The cost of all administration, materials, and construction to repair a private street shall be paid by the abutters of said private street in the form of a betterment charge.
Repairs shall be limited to the filling of holes or depressions with suitable materials to make streets passable, the resurfacing or reconstruction of streets with the appropriate materials approved by the Board of Selectmen, and/or the installation of drainage.
The Town of West Boylston shall bear no liability for repairs to private streets under the provision of Chapter 40, Section 6N of the Massachusetts General Laws.
Repairs made pursuant to this by-law shall be limited to the following unaccepted private streets or specified portions thereof:
Alczar Avenue Mary Drive
Alhambra Road Oak Avenue
Ardmore Avenue Oxford Street
Brayton Road Princeton Avenue from Longview Street to dead end
Delmar Drive Reed Street
Edwards Street Tobin Lane
Evergreen Avenue Valley Street
Harvard Avenue Western Avenue from Prescott Street east to dead end
Howard Ave
Roadways under the control of a Condominium Homeowners Association or any private road controlled by a Homeowners Association Agreement shall not be covered by Section 6 of this bylaw.
Section 8 Driveway Permits
Any person wanting private access to a public street for a driveway shall apply in writing to the Board of Selectmen, or its designee, on the form entitled Town of West Boylston Street Access Permit. The Director of Public Works shall review the completed permit request form and the proposed work for compliance with the Town of West Boylston’s regulations entitled Driveway Location Rules & Regulations and all standards including West Boylston’s Stormwater Regulations for public safety and highway design within fifteen (15) days of receipt. The Director of Public Works shall either 1) approve the permit request form, 2) deny it, or 3) refer it to the Board of Selectmen with a written recommendation.
The Board of Selectmen shall review the referred permit request form, the recommendation of the Director of Public Works, and any other relevant information deemed necessary by the Board of Selectmen including, but not limited to, the recommendations of the Chief of Police and the MassDOT, and shall act upon the permit request within forty-five (45) days of receipt.
The Board of Selectmen shall have the authority to adopt regulations for the implementation of this section.
Section 9 Roadway Opening Permits
No person, corporation, company, or public utility, may test, bore, core, excavate, plane, recycle, alter or otherwise damage any surface within the public right-of-way within the Town of West Boylston including, but not limited to, the paved or unpaved traveled part of the roadway, and other land within the public right-of-way, without first obtaining a Road Opening Permit from the Town of West Boylston’s Director of Public Works.
The regulations, fees, fines, specifications, bond and insurance requirements, and permit application requirements shall be defined in the document entitled Town of West Boylston Roadway Opening Permit Regulations.
The Board of Selectmen shall establish said requirements, fees, fines, specifications, bond and insurance requirements, and permit application requirements and may, from time to time, amend or alter the same by vote of the Board of Selectmen after a duly held public hearing.
Section 10
The Board of Selectmen may make parking rules and regulations relative to parking of vehicles and the establishment of handicapped and restricted parking areas, provided that the public is notified in conformity with the requirements of state law including, but not limited to Massachusetts General Laws, Chapter 40, Sections 21D, 22, 22A et al, and ARTICLE XXIII- PUBLIC HEARING AND NOTICE of the General Bylaws.
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