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Town of Adams, Massachusetts

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ss 13-1. Numbering of buildings.
ss 13-2. Snow - Removal from sidewalks required on certain streets.
ss 13-3. Same - Throwing or pushing in public way.
ss 13-4. Erection and maintenance of gutters, barriers, etc.
ss 13-5. Sledding, etc., on streets, sidewalks, etc.
ss 13-6. Driving or drawing vehicles upon sidewalks.
ss 13-7. Laying out town ways for acceptance generally.
ss 13-8. Acceptance of older unaccepted streets and private ways.
ss 13-9. Acceptance of street with no storm water or domestic sewers.
ss 13-10. Street openings and curb cuts.
ss 13-11. Temporary repairs to private ways.
ss 13-12. Stormwater runoff onto public streets.
Section 13-1. Numbering of buildings. 2 The board of selectmen may order numbers to be affixed to or painted on the building on any public or private way, in their discretion. The owner of every house shall comply with such order within ten days thereafter. (Bylaws 1960, art. 26.)
Section 13-2. Snow - Removal from sidewalks required on certain streets. 3 The tenants and, in case there be no tenant, the owner or any person having the care or control of any building or lot land bordering on any street or parts or portions of streets within the limits of the town fire district shall not allow any snow to remain upon any sidewalk in front of such lot or building for twenty-four consecutive hours, but shall cause the same, within that time, to be reasonably removed from the entire width of such walks. (Bylaws 1960, art. 30, ss 1; 10-3-72.)
Section 13-3. Same - Throwing or pushing in public way. No person shall shovel, plow, push or throw snow out into a public way. (10-3-72.)
Section 13-4. Erection and maintenance of gutters, barriers, etc. 4 Every owner of a building adjoining a street or public way shall erect and maintain suitable barriers, gutters and conduits or some other suitable measure to prevent the falling of snow, ice, rain water and melted snow and ice from such building upon any person travelling or passing in such street or way or upon any sidewalk or foot way. (Bylaws 1960, art. 30, ss 2; 10-3-72.)
Section 13-5. Sledding, etc., on streets, sidewalks, etc. 5 No person shall course, coast or slide down, across, in or along any of the streets, sidewalks or public ways of the town upon any sled or any other type of implement that could be put to such a use, except upon such streets or places as the board of selectmen may by public notice designate. (Bylaws 1960, art. 28, ss 9; 10-3-72.)
Section 13-6. Driving or drawing vehicles upon sidewalks. No person shall drive, wheel or draw any vehicle upon any sidewalk in the town, nor shall any person drive or draw any vehicle propelled by hand power across any sidewalk where no driveway has been constructed, except for the removal of snow or at the direction of the board of selectmen or their agents. This section does not apply to Police Officers when engaged in the lawful performance of their duties, children's carriages drawn by hand, to tricycles, wheelchairs that are pushed or power driven and 3-way scooters and to hand carts used for business. (10-3-72; 5/27/97 art. 27)
Section 13-7. Laying out town ways for acceptance generally. No town way shall be laid out for acceptance without the following minimum requirements: (a) The proposed street shall conform with the Rules and Regulations Governing the Subdivision of Land, as adopted by the town meeting members and which became effective October 30, 1963. (b) There shall be placed on file with the board of selectmen an approved plan and profile in duplicate; one copy shall be filed with the town clerk when the board of selectmen recommend the street for acceptance, and the second copy shall be placed in the town vault. (c) The grade shall be satisfactory to the superintendent of streets, who in turn shall not approve the same unless he shall have had a written report from a registered civil engineer that the grade is proper. (Bylaws 1960, art. 24, ss 2; 3-28-66.)
Section 13-8. Acceptance of older unaccepted streets and private ways. Any way in existence and built on may be accepted by the town if it is in conformity with the following requirements; (a) The way must have been in existence and built on prior to March 20, 1950. (b) It must be a minimum of eighteen feet in width, with an assessed valuation of not less than twenty-five thousand dollars. (c) Any way failing to meet the requirements of subsection (b) of this section, as to width, may be accepted by the town if so Arecommended by the board of selectmen, and if it is determined after investigation that justice warrants such acceptance. (d) Before presenting the proposed acceptance to the town meeting, the board of selectmen shall, at town expense, prepare a proper layout and cause a plan and profile to be filed in the town clerk's office. (e) Proper waivers, releases or quitclaim deeds to the town shall have been executed by property owners abutting the proposed town way, conditioned upon the acceptance of the streets by the town as a town way, which shall be recorded in the county registry of deeds upon an affirmative vote by the town as to the acceptance of that street. (Bylaws 1960, art. 24, ss 3; 3-20-61; 3-25-68.)
Section 13-9. Acceptance of street with no storm water or domestic sewers. Whenever the board of selectmen shall recommend for acceptance a street upon which storm water or domestic sewers have not been laid, they shall append to their layout a statement of the superintendent of streets, as to the estimated expense of laying such sewers in such street, and this estimate shall be forwarded to the finance committee. When the finance committee makes its recommendation, whether for or against the acceptance of such proposed street as a town way, they shall embody therein for the benefit of the town meeting members the superintendent of streets' estimate of the cost of installing storm or domestic sewers in the proposed street. (Bylaws, 1960, art. 24, ss 4.)
Section 13-10. Street Openings and Curb Cuts No person shall disturb the surface of any street, sidewalk, parkway or other public property for any reason without the permission of the Board of Selectmen. Application for permission shall be on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the Director of Community Development. A permit fee, as set by the Board of Selectmen, shall accompany all applications. Prior to the issuance of a permit, the applicant shall make a deposit in an amount as determined by the Director of Community Development. The deposit shall be in the form of cash, certified check or a Performance Bond. The Board of Selectmen shall establish regulations governing street openings and curb cuts. (5-29-90, art. 8)
SECTION 13-11 TEMPORARY REPAIRS TO PRIVATE WAYS A. Eligibility Requirements - The Town may make temporary repairs on private ways which meet the following criteria: 1) open to public use (as defined by continuous unrestricted access by the public for the six years preceding May 25, 1992); serves public need and necessity or provides sole access to two or more separate residential lots with dwellings in continuous existence for six years preceding May 25, 1992; 3) the maintenance of which is required for the protection of health and safety of the general public; 4) if 100% of the abutters on the affected way petition for the repairs, indemnify the Town for any and all claims and damages which may result from making such repairs and agree to pay applicable costs as described herein; 5) abutters agree to provide, at no cost to the Town, all easements adjacent to and beyond the limits of the way, for drainage and repairs as deemed necessary by the Director of Public Works. B. Scope of Work 1) The repair shall be limited to minor work such as filling, patching, surface treatment, and grading or scraping twice per year. (Art. 21 6/10/96) 2) All such temporary repair work to be undertaken shall be limited to those required to make the way reasonably passable and shall only include the filling of holes and regrading of the surface of such ways and installation of drainage, if determined to be necessary by the Director of Public Works and approved by the Town Administrator. Paving overlays, not more than 1 1/2 inches thick, may be undertaken only if the Director of Public Works determines that it is the most cost effective solution and the existing road is already paved. (Art. 21 6/10/96) 3) Materials used for the repairs shall be similar to those currently in existence on the subject way where practicable, otherwise similar to those used in comparable locations, and may include bituminous material when deemed necessary by the Director of Public Works. 4) If drainage work is deemed necessary by the Director of Public Works, it shall be the responsibility of the abutters to have the drainage improvements installed prior to any repair activity or to pay for the cost as provided below. C. Cost of Repairs 1) Costs incurred by the Town for Temporary Repairs shall not exceed $500.00 per way (except in the case of an overlay, the average cost of road treatment shall not exceed $15 per lineal foot) in any fiscal year (excluding the cost of DPW labor and DPW equipment). (art. 21 6/10/96) 2) The cost of all drainage improvements will be the sole responsibility of the property owners on the affected way. No such drainage improvements to be undertaken by the Town shall commence unless and until a cash deposit, equal in amount to the estimated cost of such repairs as determined by the Director of Public Works, is paid to the Town. D. Liability 1) The Town shall not be liable for any damage whatsoever, caused by such repairs and Section 25 of Chapter 84 shall not apply. The Town shall require property owners abutting the way and drainage improvements to indemnify the Town for any and all claims and damages which may result from making such repairs. 2) No such repairs shall be done unless there is a unanimous agreement by all affected property owners that the work should commence and the Town of Adams shall be held harmless from any and all damages or claims arising out of such repairs. Massachusetts General Laws, Chapter 84, Section 25 shall not apply. (Art. 29, 5-26-92)
Section 13-12 Stormwater Runoff onto Public Streets Every owner of property adjoining a public way or any street publicly maintained, shall provide adequate drainage control, barriers or other suitable measures on said property to prevent damage to said way or street. Damage shall mean the erosion of the sub-base or wearing surfaces, and the accumulation of silt or sediment on the road surface or in drainage structures. After written notice by the Department of Public Works, anyone violating this section shall be subject to the General Penalty provided in Section 1-8 of the Code. The imposition of a penalty under this section shall not relieve the owner from any other civil liability. (Art. 30, 5-26-92) For law of the commonwealth as to regulation of use of ways for certain purposes, see G.L., c. 85, ss 10. As to the defacing or writing on sidewalks, see ss 9-3 of this Code. As to loitering, see ss 9-5. As to barricading and lighting of excavations for sewers, see ss 12-17. As to restoration of streets, sidewalks, etc., disturbed for sewers, see ss 12-17. As to zoning regulations with respect to litter, see ss 15-12. 2. For law of the commonwealth as to authority of town to regulate numbering of buildings, see G. L., c. 40, ss 21 (10). 3. For law of the commonwealth as to authority of town to provide for snow removal, see G. L., c. 40, ss 21 (3). 4. For law of the commonwealth as to authority of town to regulate the removal of snow and ice from roofs, see G. L., c. 40, ss 21 (c). 5. For law of the commonwealth as to municipal regulation of coasting in streets, see G.L., c. 85, ss 10, 10A.