HomeMy WebLinkAboutRegulation-PrivateWay-050312BOARD OF SELECTMEN REGULATION
PRIVATE WAYS
Date Approved by BOS: Signature of Chair:
May 3, 2012 Hank Manz
I. Purpose and Criteria
This regulation is promulgated pursuant to Chapter 100 Section 100 – 13 of the Code of
Lexington of the General Bylaws regarding Private Ways. The purpose of the regulation
is to set forth guidance and understanding of the level of service the Town will provide
for maintenance.
II. Maintenance/Temporary Repairs
The owners abutting private ways are responsible for the maintenance of such ways.
Constructed private ways must be maintained so that there are no defects to impede the
safe passage of emergency vehicles.
The Town may perform temporary repairs to private ways if such repairs are determined
by the Director of Public Works to be required for public safety vehicles. Said repairs
shall be considered necessary to abate the immediate hazard caused by the defect and
shall not be considered as maintenance of the private way nor shall the way be considered
a public way. The Town shall not be liable for any damage incurred by the defect,
subsequent repair or failure to make repairs to private ways. Defects, such as potholes,
shall be repaired with materials similar to the road surface and base.
If more extensive repairs beyond grading, patching, or layering of gravel are requested or
if a direct abutter desires repairs for pedestrian and / or bicycle safety, then a petition
must be signed by a minimum of 51% of the direct abutters to the unaccepted portion of
the way. The petition shall be delivered to the Board of Selectmen office and copied to
the Director of Public Works. Upon approval of the Board of Selectman repairs will be
completed and all abutters to the unaccepted way will bear the cost of the improvements
through betterment charges as defined in the by-law. Unpaid betterments will be liened
by the Tax Collector / Treasurer. Scheduling of said repairs will be done by the DPW
and will be based on availability, weather, and available funding.
III. Notification
After receiving a complaint regarding a defect within a private way, the Town will
investigate to determine the type of repair necessary for safe passage of emergency
vehicles.
PRIVATE WAY REGULATION (concluded)
IV. Effective Date
This policy shall take effect 90 days from the date of approval.
V. Reference
Adopted by the Board of Selectmen on May 3, 2012.