VOTED: That the bylaw known as the “Private Digging of Roads” bylaw enacted under Article 16 of the 1923 annual Town Meeting be repealed in its entirety, and the following substituted in its place.
Section 1.
No public way shall be dug up nor opening made therein for any purpose, nor shall any material be dumped or placed thereon or removed therefrom, nor obstruction or structure placed thereon or removed therefrom, nor any alteration made, nor shall any tree be planted thereon or removed, without first obtaining a written permit from the Commissioners of Public Works (acting as the Road Commissioners), and then only in accordance with its regulations.
Section 2.
The permit shall require any person, public utility, contractor, or corporation to maintain suitable barriers and safety devices to protect travelers from injury; to save harmless the Town from any and all liability by reason of any act of omission or commission suffered or done by such person, public utility, contractor, or corporation; and to restore all disturbed portions of the way to its prior condition at the sole expense of the applicant.
Section 3.
No permit shall be issued until the applicant demonstrates compliance with provisions of M.G.L. Chapter 82, §40.
Section 4.
The Commissioners of Public Works shall require the applicant to:
1. Provide proof of liability insurance to limits established by the Town indemnifying the Town against any claims whatsoever arising from the application, and
2. Performance bond or deposit in lieu thereof in such form and penal sum and with such surety as commissioners deem proper to comply with the requirements of the permit.
Section 5.
The Commissioners of Public Works shall prepare and issue such written regulations including a schedule of fees which insure that the Town would not be adversely affected by the cost of maintenance caused by the applicant and such penalties as are appropriate to assure compliance with this bylaw.
Article 47, Town Meeting, April 1992
(replaced bylaw adopted under Article 16 of the 1923 Town Meeting)
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