STREETS, HIGHWAYS, SIDEWALKS AND BRIDGES
Article I. Highways and Bridges
Division 1. Laying Out, Alteration and DiscontinuanceArticle II. Streets and Refuse
Division 1. Street Cleaning and Removal of Refuse
Sec. 16-19. Receptacles for dirt, paper, rubbish, trash,
etc.
Sec. 16-19A. Street and sidewalk cleaning requirements
for commercial businesses
Sec. 16-20. Sprinkling, gravel, cinders
Division 2. Street Lighting
Sec. 16-21. Location
Sec. 16-22. Lighting or extinguishing without permission
Article III. Sidewalks
Division 1. Construction
Sec. 16-23. Supervision and report of cost
Sec. 16-24. Plans and specifications
Sec. 16-25. Private construction; bond
Division 2 Assessments
Sec. 16-26. One-half of the cost to be paid by owner
Sec. 16-27. Basis of assessment
Article IV. Private Ways
Sec. 16-28. Temporary repairs
Sec. 16-29. Repairs and reconstruction
Sec. 16-30. Sight distance
CHAPTER 16 - STREETS, HIGHWAYS, SIDEWALKS AND BRIDGES
Article I. Highways and Bridges
Division 1. Laying Out, Alteration and Discontinuance
Section 16-1. Width of New Streets
No street or way, except an old way which contains all services and where it would be physically impossible to comply strictly with the law and provided that these requirements are approved by the Community Development Board, shall hereafter be approved by the Community Development Board or laid out, established or accepted by the City of a width less than forty feet. Provided, that this provision shall not apply to streets controlled by the Subdivision Control Regulation. All petitions for the relocation, laying out and establishment, widening, alteration or discontinuance of streets and ways shall be presented to the City Council, which shall by itself, or by such other officers as it may lawfully designate for the purpose, determine whether or not the common convenience and necessity require that such street or way shall be relocated, laid out and established, widened, altered or discontinued.
Section 16-2. Measurements and Boundaries to be Laid Out by Engineering Division of the Department of Public Works; Plans to be Prepared; Report
In case the City Council shall determine that such street or way should be relocated, laid out and established, widened, altered or discontinued, it shall cause the measurements and boundaries of that street or way as proposed to be relocated, laid out and established, widened, altered or discontinued to be distinctly marked out on the premises by the Engineering Division of the Department of Public Works, and a plan thereof made by the Division showing the grade and location of such alterations, together with report specifying the manner in which such relocating, laying out and establishment, widening, altering or is continuing shall be completed. Provided further, that the Subdivision Control Laws, where applicable, shall be fully complied with.
Section 16-3. Contents of Report; Accompanying Agreements, Etc.
The report specified in the preceding section shall state the names of the owners of all lands affected thereby and in anyways subject to sustain damage or receive benefit by the relocating, laying out and establishing, widening, altering or discontinuing of such street or way, together with the amount of damage or benefit proper and reasonable to be awarded to or assessed on each of the owners. The report shall, in addition, in every case be accompanied by an agreement referring thereto, signed by all parties who claim no damage, and by all parties who will accept specific damages, with the amounts thereof; and shall include the names of all other parties who decline to release or to state their prospective damages, and the names of all parties who, in the judgment of the officer or officers making the report, should be assessed for benefits conferred, together with the estimated amounts thereof.
Section 16-4. Notice of Intention; Hearing
Before any order for relocating, laying out and establishing, widening, altering or discontinuing any street or way shall be passed by the City Council, a written notice of the intention of the City Council to relocate, lay out and establish, widen, alter or discontinue such street or way shall be given and served in the manner provided by law, and such notice shall specify a time and place for hearing, before the City Council, to all persons and corporations interested. After the hearing shall have been held, the City Council may proceed to act upon an order for the relocating, laying out and establishing, widening, altering or discontinuing of such street or way.
Section 16-5. Sewers, Drains, Etc.
No street or way not shown on any plans approved, attested and filed according to law in the office of the Engineering Division of the Department of Public Works by the Community Development Board shall hereafter be laid out and established or accepted as a public street or way in the City, unless the sewers or drains therein or the culverts crossing such streets or ways are constructed in accordance with the directions of or are approved by the Director of the Department of Public Works in regard to the dimensions, materials and grades thereof.
Section 16-6. Acceptance of Private Ways; Standards of Construction
No street or way constructed on or through private lands by any person other than the City shall hereafter be laid out and established or accepted as a public street or way by the City Council unless the owner of the land over through which such private street or way is constructed shall have complied with, and such private street or way shall conform to, the requirements and specifications of the Community Development Board as provided by law or regulation.
No street or way constructed on private lands by the owners thereof shall be hereafter laid out or accepted as a public street, unless previously constructed and completed in accordance with the Construction Standards of the City of Methuen, pursuant to the subdivision Control Regulations.
Division 2. Care and Control of Ways
Subdivision I. Names and Signs
Section 16-7. Existing Street Names Accepted; Council to Name New Streets
The several streets, courts, avenues, squares, lanes and ways in the City
shall continue to be known and called by the names by which they are now known
and called, until the same shall be altered by the City Council. The City Council
shall give names to all streets, courts, avenues, squares, lanes and ways hereafter
laid out and established or accepted, and may change such names at any time,
subject to the provisions of law.
Section 16-7A Street Acceptance Protocol
Whenever the City Council formally accepts a street, the Department of Public Works, through its Director, shall arrange to coordinate the following:
1. Residents should be notified of any winter rules (i.e. snow emergencies).
2. Residents should be made aware of the trash policy, including the date and type of trash accepted.
3. The Department of Public Works shall deliver recycling bins curbside to the residents.
4. A mailer shall be prepared through the City Clerk's office advising the residents on the method to register to vote. Said mailer should also apprise residents of the polling location.
5. The Mayor, in coordination with the Department Heads, shall arrange to deliver Welcome Correspondence containing the names and telephone numbers of essential services the City provides.
Section 16-8. Director of Public Works to Erect Street Signs
It shall be the duty of the Director of Public Works to cause suitable and legible signs, plainly setting forth the name of each street, court, avenue, square, lane or way, to be placed and maintained on or near the corners of all such streets, courts, avenues, squares, lanes and ways. Provided, however, that this shall not waiver the responsibilities of individuals governed pursuant to the provisions of the Subdivision Control Regulations of the City.
Subdivision II. Opening or Digging Up Ways
Section 16-9. Excavation of Public Streets
A. Any person, company or corporation, excavating public streets or ways for sewers, drains, water pipes, driveways, conduits or any other purposes, before starting work, shall apply in writing on forms provided for the purpose to the Department of Public Works (DPW) for a permit for the same. Such person shall execute and deliver to the City Clerk an indemnity bond in a sum satisfactory to the Director of Public Works to insure against all damages and loss to the City or any third party therefrom, and for the performance of the work in accordance with said permit and for the payments hereafter set forth. All excavations shall be filled in and finished as directed by and to the satisfaction of the Director of Public Works, or other person designated as having authority for such inspection by the City. The requirements of this section shall not be deemed met until the Director, or a person acting at his direction, signs or by other means denotes on the excavation permit that such work has been completed to the satisfaction of the municipality. (See also 16-15, Blanket Bonds)
B. No permit to excavate any public way in order to enter any common sewer shall be granted, until all sewer assessments or charges levied against or imposed upon the premises, shall have been paid by such applicant so far as the same are due and payable.
Any such person offending against any of the provisions of the ordinance shall forfeit and pay for each offense a fine of not less than Twenty Dollars ($20.00) nor more than Fifty Dollars ($50.00).
C. Any person excavating land, or any person in charge of such excavation and any owner of land which has been excavated shall erect barriers or take other suitable measures within two (2) days after such owners have been notified in writing by the Department of Public Works, that, in their opinion, such excavation constitutes a hazard to public safety.
The penalty for violation of this ordinance shall be a fine of not less than Fifty Dollars ($50.00), nor more than Two Hundred dollars ($200.00) per day for every day such person is in violation of such notice commencing within the fourth day thereof.
D. Provided further that the surfaces of such street or way paved shall not thereafter for a period of five years from the completion of such paving be opened or dug up without a special license therefor granted by the City Council after the applicant has filed a bond of the kind and in the manner hereinafter described. Provided, however, that the Director of Public Works may issue such license in a clearly defined emergency situation.
E. The fee for the permit as provided in this section shall be Thirty Dollars ($30.00).
Section 16-10. Replacement of Earth, Etc.
If the street, way or common in which the excavation is made is unpaved or unimproved, the backfilling on the line of excavation shall not exceed three inches in elevation above the undisturbed grounds at sides bordering the excavation, and the person making such excavation shall fill the same and shall be responsible for any settlement in such backfilling and shall repair the same whenever notified so to do by the Director of Public Works.
Section 16-11. Surface Restoration
If the street, way, sidewalk or common in which the excavation is made has been paved or improved, then the person making the excavation shall cause the same to be refilled in the following manner:
A. Gravel Roads
The top fifteen (15) inches of trench backfill shall be eleven (11) inches of processed gravel and four (4) inches on top of the gravel will be made with dense graded crushed stone that will consist of crusher-run coarse aggregates of crushed stone or gravel and fine aggregates of natural sand or stone screenings uniformly pre-mixed. This material is to be placed in a maximum of six (6) inch layers and thoroughly compacted mechanically to the grade of the existing surface.
B. Secondary Roads
A twelve (12) inch layer of processed gravel shall be placed and thoroughly compacted mechanically to within two (2) inches of the finish grade. The last two (2) inches shall be made with bituminous concrete (cold patch allowed) to form a temporary patch. For the permanent patch three (3) weeks after the excavation has been completed, the Contractor shall return and excavate to seven (7) inches below the finish grade and form a permanent patch with four (4) inches of dense graded crushed stone that will consist of crusher-run course aggregates of crushed stone or gravel and fine aggregates of natural sand or stone screenings uniformly pre-mixed and three (3) inches of bituminous concrete. The infrared method shall be used for all streets requiring a City Council special license (so-called five year roads) under section 16-9(d) and on those roads which in the determination of the Director of Public Works require such method. The Contractor shall notify the Engineer twenty-four (24) hours in advance before placing the permanent patch and receiving approval. The trench shall be maintained by the Contractor for a period of two (2) years after completion of the permanent patch.
C. High Volume Roads
A twelve (12) inch layer of processed gravel shall be placed and thoroughly compacted mechanically to within two (2) inches of the finish grade. The last two (2) inches shall be made with bituminous concrete to form a temporary patch for at least thirty (30) days. For the permanent patch, the trench shall be cut back twelve (12) inches on all sides and excavated to ten (10) inches below the finish grade. The trench will then be brought to finish grade with four (4) inches of dense graded crushed stone that will consist of crusher-run coarse aggregates of crushed stone or gravel and fine aggregates of natural sand or stone screenings uniformly pre-mixed and six (6) inches of bituminous concrete. The infrared method may be substituted for the placement of six (6) inches of bituminous concrete. The Contractor shall notify the Engineer at least twenty-four (24) hours in advance before placing the permanent patch and receiving approval. The trench shall be maintained by the Contractor for a period of two (2) years after completion of the permanent patch.
D. State Roads
The provisions of this Section shall be determined and enforced by the Director of Public Works. Said Director may amend from time to time the provisions of this Section as he feels best serves the public interests; provided however, that such changes are delivered and posted with the City Council thirty (30) days before the effective date of such regulations.
All material used for backfilling shall be reasonably free from stones, muck, rubbish or other unsuitable material, shall be deposited by hand in layers not over six (6) inches in depth to a point one (1) foot over the pipe and each layer thoroughly compacted mechanically. The following section of trench shall be backfilled in one (1) foot layers and thoroughly mechanically compacted to a point fifteen (15) inches below the existing road grade. Backfilling shall be prosecuted as the work progresses and shall be kept complete up to such point of open excavation as shall be determined by the Director of Public Works or his designee.
Section 16-13. Streets not to be Occupied, Etc., Except Under Permit; Bond
No person, other than a department of the City in the necessary performance
of its duty shall occupy or obstruct any street, way, sidewalk or common by
erecting thereon any staging for building, or depositing or storing thereon
any material, wares or merchandise, except as otherwise permitted by this Code,
or any coal, wood, lumber, brick, stone, sand or other construction material,
or any ashes, dirt, rubbish or any other substance, or obstruct or occupy any
portion of any street, way, sidewalk or common for the purpose of erecting,
repairing or moving any building or structure without obtaining a permit therefor
from the Director of Public Works. The permit shall state the space in the street
or other public place that may be occupied or obstructed, and the time allowed
for such occupancy or obstruction, and shall contain such other lawful restrictions
and regulations for the protection, convenience and safety of the public as
the Director of Public Works may deem necessary. Before such permit shall be
granted, the applicant therefor shall execute and deliver to the City a bond
in such form as the City Solicitor shall approve and in a sum and with such
surety as shall be satisfactory to the City Council, such bond to be conditioned
to indemnify and save harmless the City form all costs, actions, suits and claims
whatsoever arising from any and all work, occupation or obstruction authorized
by the license, and to be further conditioned to restore the street or other
public place so occupied or obstructed to its original condition, within the
time specified in the license and to the satisfaction of the Director of Public
Works.
If the surface of the street or public place is not to be disturbed by the occupancy
or obstruction under such a permit, the applicant for a permit under this section
may deposit with the City Clerk, in place of the indemnity bond called for,
a public liability insurance policy approved as to form by the City Solicitor
and issued by an insurance company authorized to do business in the Commonwealth,
insuring the City for not less than five thousand dollars, or such
other amount as determined by the Director of Public Works, against all claims,
loss, costs, damage to persons or property and expense arising out of any action
under such permits.
(See also 16-15, Blanket Bonds)
Section 16-14. Barriers and Railings
Whenever any public street, way, sidewalk or common shall, under any license
granted as provided in the preceding sections, be broken, disturbed, dug or
torn up or in any other manner occupied, obstructed, encumbered or rendered
unsafe or inconvenient for travel, the person so licensed shall place and at
all times maintain until the completion of the work or the termination of the
occupancy or obstruction a suitable railing, barrier, warning sign or light
around the portion of the street, way, sidewalk, or common so opened, occupied,
obstructed or encumbered, and shall keep one or more barriers, as according
to State Specifications, placed in some safe and suitable manner, through the
whole of every night so long as such opening, occupation, obstruction or encumbrance
shall continue. The licensee shall place signs and cones for the protection
of the workers and the motoring public in accordance with the Massachusetts
Department of Public Works' approved Safety Manual.
.
Section 16-15. Conditions of Bonds
The bond required by Section 16-13 to be given by any person for the replacing in proper and safe condition of streets, ways, sidewalks, or commons broken, disturbed, dug or torn up shall remain in force for two years after such work has been completed.
Instead of the bonds required of any person under the provisions of all or any of the preceding sections, such person may, by special arrangement with the City Council, file a blanket bond, so-called, in form approved by the City Solicitor, with surety satisfactory to the City Council. Such bond shall comprehend and include the various provisions of this Code under which permits shall be granted and to which permits it purports to relate as fully and completely as if a separate bond were given for each such permit, and the conditions thereof and the obligation of the principle and surety thereunder shall be in all respects the same as if separate bonds were given for each such permit, except that the aggregate sums required according as the City Council may order or direct.
Subdivision III. Moving Buildings
Section 16-16. Permit Required; Contents; Bond
No building or structure shall be moved over or through any public street or way in the City except under a permit granted by the Mayor; and every such permit shall state the streets or ways through or over which and the time within which the building or other structures shall be moved; and also every other provision and condition which the Mayor shall deem necessary. Every person obtaining such a permit shall file with the City Clerk a bond in such form as the City Solicitor shall approve and in such sum and with such surety or sureties as the Mayor shall approve, conditioned to comply with all terms of the permit granted and to indemnify and hold harmless the City from all costs, actions, suits, claims, damages or expenses whatsoever arising from or which it may suffer by reason of the moving of such building or other structure.
Subdivision IV. Signs, Awnings, Etc.
Section 16-17. Permit- Required; Prohibition
No stepping stones, racks for bicycles, gasoline supply stations or apparatus,
and no goods, wares or merchandise, while being received in original packages
or while being packed for delivery after actual sale thereof shall be erected,
constructed or placed on any public way in the City, except on the authority
of a written permit granted by the Director of Public Works, such permit to
be revocable at any time and to prescribe such reasonable restrictions and
regulations as to such erection, construction or placing, and also as to the
size and location of such goods, wares or merchandise as the Director of Public
Works shall determine and direct. No political banners shall be erected or maintained
across a street or way.
Section 16-18. Same - Application and Contents
Every application for a permit to erect, construct, maintain or place on or
over any public way in the City any stepping stone, bicycle rack, gasoline supply
station or apparatus, goods, wares, or other merchandise, or other structure,
device or thing shall be in writing and shall state in detail the street location
desired, the character of the object for which the permit is sought, the material
of which it is to be constructed or of which it is to consist, its required
location and height above the sidewalk or way and the distance it will project
over the same, what other portion, if any, of the sidewalk or way is desired
to be used and at what times in the case of the temporary deposit of goods,
wares or merchandise, the proposed manner of supporting or attaching to a building
any erection or structure, and the dimensions and weight thereof. Every application
for a permit to erect or construct an illuminated sign shall also state how
it is to be illuminated, the number of candle power per square foot of sign
surface it is proposed to use and the number of hours per day it will be illuminated.
Article II. Streets and Refuse
Division 1. Street Cleaning and Removal of Refuse
Section 16-19. Receptacles for Dirt, Paper, Rubbish, Trash, Etc.
No person shall place or permit to remain on any street, sidewalk or other public place any box, can, crate, cask, barrel, board, sign or any other thing, except barrels or other approved receptacles containing house dirt, paper or rubbish to be removed in accordance with the rules and regulations of the Board of Health and Director of Public Works, and then, only on such day or days of the week as may be appointed for the regular collection by the Board of Health and Director of Public Works of such house dirt, paper or rubbish, on or in the several streets or sections of the City. All house dirt, paper or other loose material or rubbish deposited in barrels or other receptacles and placed in or near streets, sidewalks or other public places for collection or removal as hereinbefore provided shall be so packed and placed as to prevent any such house dirt, paper or other loose material or rubbish, from being blown or otherwise deposited upon the streets, sidewalks or other public places upon the property of others; and all such barrels or other receptacles shall be removed within forty-eight (48) hours from the streets, sidewalks or other public places after the collection or removal of their contents has been accomplished.
(For criminal provisions, refer to Section 9-75 of the Municipal Code)
Section 16-19A. Street and Sidewalk Cleaning Requirements
for Commercial Businesses
Every commercial business in the City of Methuen shall be responsible to insure that refuse generated from their establishment and by their customers is cleaned up from public property within one hundred (100) feet of the property line of the establishment. Such clean up shall occur weekly. A violation of this ordinance shall, for the first and second offense, cause the issuance of a warning. For the third and all offenses thereafter, a Twenty-Five Dollar ($25.00) fine shall be assessed. This ordinance shall be enforceable by the agents of the Board of Health.
Section 16-20. Sprinkling, Gravel, Cinders
No person shall without the written permission and under the
direction of the Director of Public Works, except as otherwise provided in this
Code, sprinkle, put or place any earth, dirt, gravel, sand, cinders, ashes,
sawdust, salt or mixture of salt or any other substance in or on any street,
sidewalk or other public place.
The City Council shall, except as otherwise provided in the Subdivision Control Regulation, have the authority to designate the location of all poles, posts, stands, underground conduits and other supports of electric and other lights or utilities, except as may be otherwise expressly provided by law, contract or agreement.
Section 16-22. Lighting or Extinguishing Without Permission
No person shall light or extinguish any light or lamp established or maintained by or for the City except by order or permission of the Director of Public Works.
Section 16-23. Supervision and Report of Cost
All sidewalks ordered constructed or completed by the City Council shall be so constructed or completed by the Department of Public Works of the City under the direction and supervision of the Director of Public Works who shall keep a careful and accurate account of the cost and expense attending such construction or completion and shall, as soon as the work is finished, certify to the City Council the whole cost and expense thereof.
Section 16-24. Plans and Specifications
The Engineering Division, or other person employed by the Department of Public Works shall make and prepare all needed plans and specifications for the construction of all sidewalks constructed by order of the City Council, which plans shall be filed in the office of the City Clerk. After being so filed, the plans shall be deposited and kept in the office of the Engineering Division which shall be deemed a part of the City Clerk's office for the keeping of such plans.
Section 16-25. Private Construction; Bond
No sidewalk shall be constructed, completed or repaired by any person, other
than the Department of Public Works or any firm acting under a contract with
the Department, until after the Engineering Division shall have prepared or
approved plans and specifications therefor and filed the same, all as provided
in the preceding section.
No such work shall be begun prior to the execution and delivery to the City of a bond in the form and upon the conditions set forth in the previous section, nor prior to the issuance of a permit therefor by the Director of Public Works. All work done under this Section shall be under the supervision and subject to the control of the Department of Public Works.
Provided further, that this section shall not apply to sidewalks constructed pursuant to the provisions of the Subdivision Control Law.
Section 16-26. One-Half of Cost to be Paid by Owner
One-half of the entire cost and expense of all sidewalks constructed or completed by the City under the provisions of the preceding section shall be assessed proportionally on all owners of land abutting in such sidewalks, less any amounts previously assessed in respect to such abutting land and paid for the cost of construction in any other manner of such sidewalks.
Section 16-27. Basis of Assessment
The Director of Public Works shall, as soon as the work of constructing or completing any such sidewalk is finished, certify to the City Council, for the purpose of assessments, the total cost of such construction or completion, the frontage of all estates abutting on such sidewalks, the names of the owners thereof, all amounts previously assessed, in respect to such abutting estates and paid for the cost of constructing such sidewalks in any other manner, and the proportional amount of the assessment to be levied on the owner of each of such abutting estates.
Section 16-28. Temporary Repairs
A. Procedures
The abutters of a private way may petition the City Council for a determination as to whether or not the municipality shall declare that public necessity requires repair of said way. Said petition shall contain a minimum of seventy-five per cent of the abutters to the way. The City Council shall thereafter transmit the petition to the Mayor for his report and recommendation. Upon receipt of said recommendation, but not later than ninety days from the petition date, the City Council or committee thereof shall convene a public hearing to determine the merits of said petition. Due notice of the hearing on such shall be mailed to all abutters not later than seven days prior to the hearing. The City Council shall, within thirty days thereafter, vote to deny the petition or approve such on the grounds that repairs are required of public necessity. The City Council shall further determine the amount of cash deposit required from each petitioning abutter prior to the commencement of said work.
B. Extent of Repairs
The City may make temporary repairs on private ways which have been opened for public use for six years or more. Such repairs shall include the installation and construction of drainage, if necessary, and further, shall include the filling of holes in the sub-surface of such ways and repairs to the surface materials thereof; and materials for such repairs, where practicable, shall be the same as or similar to those used for the existing surfaces of such ways, but may include the oiling or tarring of said ways and the covering of such oil or tar with sand and gravel.
C. Charges
The Director of Public Works shall, within six months after the completion of the improvements, determine the value of such to the abutters of the private way and assess upon each parcel thereof a proportionate share of the cost of such improvement and shall include in such cost all damages awarded therefor due to a suit for sustained real or personal injury, but no such assessment shall exceed the amount of such adjudged benefit or advantage.
D. Liability
As a condition to such repairs, and prior to such, all abutters shall sign releases to save the municipality harmless from any damages caused by the repairs.
Section 16-29. Repairs and Reconstruction
A. Procedure
The abutters of a private way may petition the City Council for a determination as to whether or not the municipality shall declare that public necessity requires repair of said way. Said petition shall contain a minimum of seventy-five per cent of the abutters to the way. The City Council shall thereafter transmit the petition to the Mayor for his report and recommendation. Upon receipt of said recommendation, but not later than ninety days from the petition date, the City Council or committee thereof shall convene a public hearing to determine the merits of said petition. Due notice of the hearing on such shall be mailed to all abutters not later than seven days prior to the hearing. The City Council shall, within thirty days thereafter, vote to deny the petition or approve such on the grounds that repairs are required of public necessity. The City Council shall further determine the amount of cash deposit required from each petitioning abutter prior to the commencement of said work.
B. Extent of Repairs and Reconstruction
The City may construct, reconstruct re-surface and repair any private way which has been used by the public for fifty years or more, provided that all owners of land abutting on such way petition the City to do such work. Such repairs shall include the filling of holes in the sub-surface of such ways and repairs to the surface materials thereof; and materials for such repairs, where practicable, shall be the same as or similar to those used for the existing surfaces of such ways, but may include the oiling or tarring of said ways, the covering of such oil or tar with sand and gravel and bituminous concrete paving.
C. Charges
The Director of Public Works shall, within six months after the completion of the improvements, determine the value of such to the abutters of the private way and assess upon each parcel thereof a proportionate share of the cost of such improvement and shall include in such cost all damages awarded therefore due to a suit for substained real or personal injury, but no such assessment shall exceed the amount of such adjudged benefit or advantage.
D. Liability
As a condition to such repairs, and prior to such, all abutters shall sign releases to save the municipality harmless from any damages caused by the repairs.
In order to insure safe vehicular and pedestrian traffic movement entering onto and exiting from public ways of the City of Methuen, the following standards shall apply.
Each property owner maintaining an access/egress point on his/her property shall not allow, install or permit an interference with the horizontal sight distance of said access/egress point. Nor shall any property owner with property abutting a public way allow, permit or suffer an interference with the horizontal sight distance of access/egress points of abutting properties.
An interference with horizontal sight distance shall be determined to exist where a fence, shrubbery, or wild growth that reduces horizontal sight distance below authorized speed limits as follows:
- speed limits up to 30 mph shall have a minimum sight distance of 200 feet in both directions
- speed limits up to 40 mph shall have a minimum sight distance of 275 feet in both directions
The measurements and calculations of such areas shall be established per the Massachusetts Highway Department Highway Design Manual, Section 4.1.4 et seq., "Horizontal Sight Distance".
A. Complaints; Investigation Action
Any person believing that a violation of this ordinance exists may request a review of the horizontal sight distance. Upon receiving such request, the Engineering Division of the Department of Public Works shall conduct a study of such sight distance.
If the Engineering Division determines a violation of this ordinance exists, the Director of Public Works shall notify the offending party and provide fourteen days notice to cure the same. This section may be amended to extend the time period to thirty days, upon the discretion of the Director of Public Works.
Any person, firm, corporation or other entity failing to comply with an order of the Director issued hereunder shall be subject to a fine of Twenty-Five Dollars ($25.00) per day such refusal continues, each day or part thereof constituting a separate offense.
(1973 Ord., as amended by Ord. #40, Eff. Oct. 20th 1975 and
as further revised by Ord. #188, Eff. May 1st, 1985; Ord. #453, Eff. November
5th, 1992; Ord. #595, Eff. January 16th, 1997; as further amended by Ord. #654,
Eff. December 7th, 1998; as further amended by Ord. #766, Eff. November 1st,
2003)