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GENERAL BY-LAWS OF THE TOWN OF BILLERICA - Article IV
Table of Contents
ARTICLE 4. - Public Ways
ARTICLE 4. - Public Ways
4.1. SNOW REMOVAL
4.1.1. It is the property owners responsibility to remove all the snow from a sidewalk which abuts their property within twenty-four (24) hours from the end of the storm after the sidewalk is cleared by the Town.
4.1.1.A. The property owner shall keep the sidewalk clear and passable until all of the snow disappears.
4.1.1.B. Any property owner who fails to remove the snow from a sidewalk abutting their property, shall pay a sum of $10.00 for each offense.
4.1.2. No person shall by any means plow, push or discharge in any way, snow or ice onto any way in the Town from adjoining private property so as to cause a hazard to public safety.
4.2. ACCESS RAMPS
4.2.1. Whenever a new housing development, sewage improvement, new sidewalks are put in, streets are resurfaced, or any kind of construction disrupts an existing sidewalk, curb cuts (sidewalk ramps) shall be added in accordance with the regulations issued by the Architectural Access Board pursuant to Section 13A of Chapter 22 of the Mass. General Laws, and the (ADA) Federal Law.
4.3. ADEQUATE ACCESS
4.3.1. Intent and Purpose: This section shall govern the use of unaccepted ways used for access to building lots.
4.3.2. Unaccepted ways shall meet the Department of Public Works street standards in order to be judged adequate.
4.3.2.A. The Director of the Department of Public Works may grant a Certificate of Waiver from the Department of Public Works standards in cases where the unaccepted way meets acceptable construction standards at the time of the occupancy permit application.
4.3.3. All new buildings, excluding accessory structures, additions, and alterations, shall have frontage on ways which provide adequate access for the entire length of the way up to and including the minimum lot frontage required under zoning.
4.3.3.A. No building permits shall be issued until plans for the construction or upgrading of the way have been approved by the Director of Department of Public Works.
4.3.3.B. The way shall be improved from the nearest way in existence which meets standards acceptable to the Director of Public Ways.
4.3.4. The layout and design of the way shall be stamped by a Professional Engineer and shall demonstrate compliance with the Department of Public Works street standards.
4.3.5. All necessary wetland approvals shall be obtained for road construction prior to issuance of any road opening permits as applicable.
4.3.6. No occupancy permit shall be issued until the way, which a lot fronts on is complete and in full compliance with Department of Public Works standards.
4.3.6.A. A bond or other form of security cannot act as a substitute for completion of the way.
4.3.7. Ways approved under the Subdivision Control Law are exempt from Section 3.
4.3.8. If a request for a Certificate of Waiver is denied, the Director of the Department of Public Works will issue a denial letter.
4.3.8.A. The decision to approve or deny may be appealed, within twenty (20) days of the denial letter, to the Board of Selectmen by either the applicant or any property owner along the subject way.
4.3.8.B. Failure to act on the appeal within thirty (30) days of receipt shall constitute constructive approval.
4.4. NUMBERING OF BUILDINGS
4.4.1. All residences and businesses in the Town of Billerica shall be numbered consecutively from one end of the way to the other.
4.4.1.A. The buildings on one side shall be even numbered, and the buildings on the opposite side shall be odd numbered.
4.4.2. All numbering shall be done under the supervision of the Director of Public Works.
4.4.3. The Director of Public Works, when necessary, may change the existing numbering of a building.
4.4.4. All vacant lots shall be assigned a number.
4.4.4.A. The numbers shall be assigned in accordance with the applicable frontage requirements as specified in the zoning by-laws.
4.4.5. All property owners shall be notified in writing of their assigned or changed number.
4.4.5.A. All assigned or changed numbers shall be conspicuously posted on the front of a building within ten (10) days of notification.
4.4.5.B. That building shall not thereafter use any other number.
4.4.5.C. All numbers shall be posted at a conspicuous location on a structure, as defined in Massachusetts General Laws, Chapter 148, Section 1, so as to be completely visible from the street, and shall be at least three inches in height. This refers to new construction.
4.4.5.D. No occupancy permit shall be granted unless building numbers as specified under C (above) have been posted. Amended: Art. 43, AFTM, 10/4/94; Eff. 2/13/95.
4.4.6. Any buildings hereafter erected shall bear the number assigned to it's lot under this by-law.
4.4.7. Any person, firm or corporation violating Section 4 of this by-law after receiving notice, shall be liable to a fine not exceeding $25.00.
4.4.8. Definitions, Buildings: Residences, public places and places of business.
4.5. LAYING OUT, DISCONTINUING AND ACCEPTING PUBLIC WAYS
4.5.1. Intent and Purpose: This section controls the laying out, widening, altering or discontinuing of all public ways in the Town of Billerica, except those that are under the jurisdiction of Middlesex County and/or the Commonwealth of Massachusetts.
4.5.2. All ways developed under the control of the Planning Board will meet the design and construction standards specified in the approved Rules and Regulations Governing the Subdivision of land in Billerica, Mass., before they are submitted to the Board of Selectmen for approval.
4.5.2.A. The Planning Board shall prepare a report to the Town Meeting on the condition of the way offered for acceptance and any exceptions to the Rules and Regulations that might apply.
4.5.3. Before a way can be accepted by Town Meeting a complete and current record plan and profile must be submitted to the Board of Selectmen for majority approval and signature.
4.5.3.A. Prior to the submission of the record plan and profile, it shall be signed and approved by the Director of Public Works, Town Engineer and the Planning Board Engineer or a Registered Professional Engineer as the case may be.
4.5.3.B. The plan and profile will comply with standards promulgated by the Director of Public Works and approved by the Board of Selectmen.
4.5.4. All proposed changes to an existing town accepted way shall be submitted by petition to the Board of Selectmen.
4.5.4.A. A layout plan only will be required to discontinue a way.
4.5.5. All ways within the Town which have never been accepted by the Town may be submitted to the Board of Selectmen for acceptance by the Town Meeting.
4.5.5.A. A petition signed by at least ten (10) registered voters shall accompany the submission to the Board of Selectmen.
4.5.5.B. Each petition will be accompanied by an agreement signed by all property owners abutting the way who claim no damages or will release their damages and a listing of the names of all other property owners who decline to release and the damages claimed by them.
4.5.6. After approval by the Board of Selectmen, the record plan and profile will be date and time filed with the Town Clerk.
4.5.7. Upon acceptance at Town Meeting, the record plan and profile will be transferred to the Engineering Section of the Department of Public works to be retained as a permanent record.
4.5.8. If the way is not accepted at Town Meeting, the plan and profile will be returned to the proponent to be held until further action is taken.
4.5.9. The Director of Public Works shall, with the approval of the Town Administrator and the Board of Selectmen, establish rules and regulations for the development of ways which are not developed but which are opened up, virtually impassable, have inadequate access, access is non-existent, or the existing way requires construction to provide safe access.
4.5.9.A. These Rules and Regulations shall be updated as necessary.
4.5.10. It shall be the duty of the Town Clerk to keep a book of records for the sole purpose of recording the location of all ways that are, or may be in the future, laid out within the town.
4.5.10.A. This book shall have an index. Amended: Art. 31, AFTM, 10/4/94; Eff. 2/13/95.
4.6.1. Way: any street, road, avenue, lane or other public way.
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