Bulletin: New Right-of-Way Bylaw
FOR IMMEDIATE POSTING – 09/07/2023
The amendments to the Town of Dunstable General Bylaws adopted under the warrant for the May 08, 2023 were approved by the Attorney General on August 28, 2023; and are hereby published by posting in accordance with Massachusetts General Laws, Chapter 40, and Section 32 as amended.
GENERAL BYLAWS
Article 20: Right-of-Way Bylaw (new)
The Attorney General approved, with the exception of the text in Section 3(b) and (c) regarding the dates of enforcement on August 28th. Effective date of implementation is September 7, 2023.
RIGHT-OF-WAY BYLAW
Section 1. Purpose
The purpose of this bylaw is to ensure public safety and visibility along the Town’s public ways.
Section 2. Improvements in Rights-of-Way Prohibited
a. For the purposes of this bylaw, the term “improvement” includes, but is not limited to, structures, fences, walls, railings, trees, shrubs, landscaping features, and sprinkler systems.
b. For the purposes of this bylaw, the term “right-of-way” means any area of real property under the care, custody, or control of the Town of Dunstable through a fee interest, easement, or otherwise, for public way purposes, regardless of whether such area is paved or contains any infrastructure.
c. No improvement shall be installed or maintained within the right-of-way of any Town public way without the approval of the Town’s Board of Road Commissioners, subject to the requirements of the Scenic Roads Bylaw.
d. Mailboxes may be located within the right-of-way of a Town public way if installed and maintained in accordance with the rules and regulations of the U.S. Postal Service and any rules and regulations of the Town’s Board of Road Commissioners.
e. Abutting property owners, or their agents, may perform mowing and weed removal in vegetated areas within the right-of-way of any Town public way between the pavement and boundary of the right-of-way in order to maintain a well-kept appearance.
Section 3. Enforcement
a. This bylaw shall be enforced by the Board of Road Commissioners or its designated agent. In addition to any other means of enforcement provided by law, this bylaw may also be enforced at the election of the Board of Road Commissioners by non-criminal disposition in accordance with the Non-Criminal Disposition Bylaw and Section 21D of Chapter 40 of the General Laws. Page 11 of 13
b. Any person who installs an improvement within the right-of-way of any Town public way shall be subject to a fine of $100. Each day that any violation is allowed to continue shall constitute a separate violation of this bylaw.
c. Any improvement within the right-of-way of any Town public way installed may be subject to removal in accordance with Section 3 and Section 4 of Chapter 86 of the General Laws. d. The Board of Road Commissioners is authorized to adopt rules and regulations to carry out its duties under this bylaw. And further, by amending the Non-Criminal Disposition Bylaw by inserting in § 5 the following: Right-of-Way Bylaw Board of Road Commissioner
A copy of these amendments and bylaws may be examined or obtained at the Office of the Town Clerk during regular business hours at the Dunstable Town Hall. The effective date of the adoption or amendment of any Zoning ordinance or bylaw shall be the date on which such adoption or amendment was voted upon by a town meeting once the posting has been satisfied. General bylaws become effective when the posting has been satisfied, not the date of Town Meeting.