Article VI
Roads, Highways, Bridges, Rubbish Disposal, Water and Sewer
The Board of Public Works shall name all Town-owned bridges.
Section 2. Parking Regulations
Except for the occupants of said dwelling house, no person shall park or cause to be parked any motor vehicle in front of any dwelling house. This prohibition shall be in effect only in those areas where notice of such prohibition or regulation is given by use of portable or permanent signs.
3.1 No person shall have more than one (l) unregistered car or truck ungaraged on his premises in a residential district at any one time unless authorized by the Board of Selectmen. In no event will an unregistered unsightly car or truck be stored in the front yard.
3.2 Each person who violates any provision of this Bylaw, or any lawful order of the Board of Selectmen to remove any vehicle covered by this Bylaw, shall be subject to a fine of not more than one hundred dollars ($100.00) for each violation. Each day that any such violation continues shall constitute a separate violation.
4.1 No person shall place, cause to be placed, throw from a dwelling or vehicle, or allow to spill from any truck, upon a public street or sidewalk, or on any other public or private property, without the owners' permission, any litter, whether it be paper, dirt, stones, loam, debris, garbage, sweepings, rubbish, cans, broken glass, paint, filth cleanings, ashes, or other refuse, except in such place and manner as approved by the Commissioners of Public Works for collection of solid waste or recyclables, or for street cleaning, street painting, or similar operations.
4.2 Whenever a person desires to locate a dumping place, for the depositing of material on property owned by him, other than that designated by the Board of Health as a public dump, such person shall obtain a permit from the Board of Health to maintain such a dump, and shall be responsible for the proper care and maintenance of such dump or place of deposit upon his property. If such place of deposit is more than one hundred and fifty feet removed from any building, he shall at least once in each month bury all papers, brush and combustible materials, and if such place of deposit is less than one hundred and fifty feet removed from any building, he shall bury such papers, brush and combustible materials at least once in each week.
4.3 No person shall, except as hereinafter provided, deposit upon any such dump, or upon streets or ways, or upon any property, public or private, any garbage, decayed meats, fish, fruit or vegetables or any substance which may decompose. If a place is desired for the deposit of such material, the person desiring to make such disposal shall submit to the Board of Health in writing the location where he desires to deposit such materials. Such location shall be remote from streets or dwellings, and the Board of Health shall, upon approval thereof, as suitable for such purpose, issue a permit for such disposition.
4.4 Any permit or license granted hereunder may be revoked by the Board of Health.
4.5 No person shall throw, dump or cause to be deposited in any stream, brook, lake or pond within the Town any rubbish or other matter, which will obstruct the free flow of water in said stream, brook, lake or pond or its tributaries.
4.6 Whoever violates any portion of this bylaw shall forfeit and pay for each offense a fine not exceeding two hundred dollars ($200.00).
4.7 Whenever a charge levied by the Board of Public Works with respect to non compliance to the Department of Public Works trash regulations remains outstanding after forty five (45) days from the billing date, a penalty of 10% or $5.00 whichever is greater shall be charged. Such penalty shall be added to the bill for solid waste collection/disposal and then, if the bill remains unpaid the entire bill shall be added to the real estate tax bill as a solid waste collection/disposal lien.
Section 5. Landfill and Incinerators
5.1 Purpose
This Bylaw is adopted for the purpose of protecting the health, safety and welfare of the inhabitants of the Town by establishing regulations for the use of landfills and incinerators operated by the Town. This Bylaw and the regulations hereby authorized to be made shall have for their purpose promoting the proper and efficient use of those facilities to avoid conditions hazardous to the health and safety of the inhabitants, prolonging the life of those facilities and recovering an equitable portion of the costs of providing incinerator facilities.
5.2 Use of Landfill and Incinerators to be Regulated
No person shall use and no vehicle shall be admitted to any landfill or incinerator operated by the Town, except in compliance with this Bylaw and with rules and regulations made under the authority of this Bylaw and of any law.
5.3 Rules and Regulations
The Commissioners of Public Works of the Town of Framingham shall make reasonable rules and regulations for the operation of any landfill or incinerator now or hereafter operated or maintained by the Town of Framingham. Such rules and regulations may, without limitation:
(a) establish hours of operation for each landfill or incinerator;
(b) prescribe the nature of the material which may be deposited at any landfill or any incinerator and prohibit depositing in either the landfill or incinerator of material which they do not deem suitable for dumping or incineration;
(c) limit the places within the landfill where refuse of any nature may be deposited;
(d) prescribe the methods and vehicles to be used in transporting refuse upon Town ways;
(e) require that receptacles used by refuse collectors conform to reasonable sanitary and safety standards and
(f) establish the terms and conditions under which other municipalities may use the Town incinerator.
5.4 Charges for Use
The Commissioners of Public Works shall establish charges for the use of the Town incinerator by other municipalities and by commercial and industrial users; said charges to be reasonably related to the operating and capital costs of the incinerator. In establishing such charges the Commissioners may classify users according to the volume of their use, the nature of the waste or refuse deposited in the incinerator and to criteria reasonably related to the cost of providing service to any of the users.
5.5 Restrictions on Use
No refuse originating outside of the Town shall be accepted at the landfill, and none shall be accepted at the incinerator except for that collected and deposited by other municipalities under terms and conditions established by the Commissioners of Public Works of the Town of Framingham.
5.6 Uniformity of Rates
Nothing in this Bylaw shall require that charges be the same for all users; however, such charges shall be at rates uniformly applicable to all users of the same class.
5.7 Permit
The Commissioners of Public Works shall require that all users of the landfill and incinerator obtain an annual permit for such use and may make charges for such permits sufficient to recover the cost of issuing such permits and of enforcing the use thereof.
Section 6. Water and Sewer Bill Penalty
6.1 Whenever a water and/or sewer bill remains outstanding after forty five (45) days from billing date, a penalty of 10% or $5.00 whichever is greater, shall be charged. Such penalty shall be added to the water and/or sewer bill and then, if the bill remains unpaid, it shall be added to the Real Estate tax bill as a water and/or sewer lien or both.
6.2 The Commissioners of Public Works, in their capacity as the Water Commissioners of the Town, is authorized to establish a system of penalties and fines to be imposed upon any resident who violates one or more provisions of a declared water emergency program; said fines and penalties to be enforced only when the authorized state agency has declared that a water emergency exists and that certain water uses are banned or restricted.
Section 7. Obstruction of Public Ways
7.1 No person except a duly authorized officer of the Town shall without a permit from the Board of Selectmen dig up any portion of a public way nor obstruct any public way for the purpose of erecting, repairing, altering, or removing any building. Every permit granted, as aforesaid, shall specify the length of time it shall continue in force, and a copy shall be given the Director of Public Works. Every person receiving such permit shall execute a written agreement to indemnify and save harmless the Town against all damages or cost by reason of any claim for damages on account of the existence of such obstruction or excavation, and the Board of Selectmen may impose such conditions, terms and limitations as they shall see fit in respect to erecting barricades, maintaining lights and taking other precautions for the safety of travelers.
7.2 No person shall coast upon or across any sidewalk or street in Town, except on certain streets which the Board of Selectmen shall designate.
7.3 No person shall throw any stones, sticks or other missiles on or upon any street of the Town, or play at ball or any games to obstruct the free passage on the street.
7.4 No person shall tie or fasten any horse or other animal or team of any kind to any lamp post or hydrant or any ornamental shade tree, shrub or vine, or to any fence or other thing, erected for the protection of such tree, shrub or vine, or so near a tree, shrub or vine that such animal can injure it.
7.5 No person shall drive any horse upon any sidewalk, nor allow any vehicle to stand upon or obstruct any sidewalk or cross walk, except when loading or unloading goods or crossing the walk necessarily.
Section 8. Public Way Access Permits
A. Purpose
It is the purpose of this Bylaw to provide for the review of Public Way Access Permit applications and to establish procedures for the predictable, timely, and uniform review of such applications so as to ensure public safety. These procedures apply to Public Way Access Permit applications for: (1) new access to a public way; (2) physical modifications to existing access to a public way; (3) use of new or existing access to serve the building or expansion of a facility or (4) use of a new or existing access that generates a substantial increase in or impact on traffic on a public way.
B. Definitions
In this Bylaw, the following terms shall have the meanings prescribed below:
(a) "Modification" shall mean any alteration of the physical or traffic operational features of the access. (b) "Substantial" increase in or impact on traffic shall mean that generated by a facility or land use served by an access which meets or exceeds any of the following thresholds; (i)Residential, including hotels, motels, lodging houses and dormitories: any increase to the existing certificate of occupancy of more than 25 persons; (ii) Residential (including subdivisions): 50 vehicular trips per day as defined in the ITE Trip Generation Manual, 5th Ed. In the case of subdivisions of land the estimated trip generation for each lot in the subdivision shall be combined in determining whether or not the thresholds set forth in this paragraph have been met. (iii) Nonresidential: 250 vehicular trips per day as defined in said manual; (iv) Nonresidential: 25 new parking spaces; (v) Nonresidential: 5000 new square feet. (c) "Public way" shall mean all roadways other than state numbered highways as defined in MGL Chapter 81 section 21;
C. Submittal of Permit Application
The Director of Public Works or the Planning Board shall be responsible for the issuance and/or denial of Public Way Access Permits according to the following criteria:
(1) Applications which otherwise do not require a public hearing by the Planning Board under the provisions" of the Zoning Bylaw, General Bylaws, or applicable Rules and Regulations shall request issuance of a permit by Director of Public Works.
(2) Applications which require a public hearing by the Planning Board under the provisions of the Zoning Bylaw, General Bylaws or applicable Rules and Regulations shall request the issuance of a permit by the Planning Board. A permit applicant shall request issuance of a permit on a standard form supplied by the appropriate Board/Department. A permit application shall be deemed complete only after the following items have been submitted: (1) standard application form; (2) evidence of compliance with the Massachusetts Environmental Policy Act by the Executive Office of Environmental Affairs of the Commonwealth, if determined to be necessary; (3) engineering plans acceptable to the Board/Department where required by the Board or Department. The Board/Department , by regulation, may adopt a schedule of reasonable fees to accompany said application.
D. Procedures of the Director of Public Works
(1) Application for a Public Way Access Permit shall be made to the Director of Public Works. Where an application is deemed complete, including certification of notification to immediate abutters, the Director shall review said application with respect to safety or appropriateness of the proposed access and, except when the proposed access would result in generating a substantial increase in or impact on traffic as defined in Subsection B, shall render a decision within 30 working days by filing same with the Town Clerk.
(2) Where the Director of Public Works denies said application, he/she shall state specific findings for the denial in the decision.
(3) Any applicant who is denied a Public Way Access Permit by the Director of Public Works may file an appeal with the Town Clerk within 21 days of the date of decision. The Board of Selectmen shall hold a public hearing on the appeal according to the procedure indicated in Subsection H.
(4) Where and application for a Public Way Access Permit is for an access that would result in generating a substantial increase in or impact on traffic as defined in Subsection B, the Director shall review said application with respect to the safety or appropriateness of the proposed access and make a recommendation to the Board of Selectmen within 30 working days. The Board of Selectmen shall hold a public hearing according to the procedure indicated in Subsection H.
E. Procedures of the Planning Board
(1) The Planning Board shall advertise and hold a public hearing on an application for a Public Way Access Permit, where deemed complete, concurrent with any public hearing required for the proposed project in accordance with any applicable Zoning Bylaw, General Bylaws, or Rules and Regulations. Review and comment regarding the safety or appropriateness of the proposed Public Way Access Permit may be made concurrently by any departments otherwise submitting a report to the Planning Board.
(2) Following the close of the public hearing, the Planning Board shall make a decision on the Public Way Access Permit application concurrent with the timetable for its decision under any other applicable Zoning Bylaw, General Bylaws, or Rules and Regulations and filing same with the Town Clerk.
(3) Where the Planning Board denies said application, it shall state specific findings for its denial in its decision.
F. Powers of the Director of Public Works, the Planning Board and the Board of Selectmen.
(1) The Director of Public Works or the Planning Board or the Board of Selectmen, in accordance with the procedures described herein, may deny the issuance of a Public Way Access Permit due to the failure of the applicant to provide sufficient roadway improvements to facilitate safe and efficient roadway operations, or when the construction and/or use of the access applied for would create a condition that is unsafe or endangers the public safety and welfare.
(2) The Director of Public Works or the Planning Board or the Board of Selectmen, in accordance with the procedures described herein, may, in the alternative, impose conditions upon a Public Works Access Permit to facilitate safe and efficient traffic operations, to mitigate traffic impacts, and to avoid or minimize environmental damage during the construction period and throughout the term of the Permit. Such conditions may include, but not be limited to: (a) necessary limitations on turning movements; (b) restrictions on the number of access points to serve the parcel; (c) vehicle trip reduction techniques; (d) necessary and reasonable efforts to maintain existing levels of service; (e) design and construction of necessary public way improvements by the permittee; (f) reimbursement by the permittee of costs to town inspection of public way improvement work.
(3) Variance. Where site or access conditions do not allow the proposed access to meet the permit or design standards normally applicable under this Bylaw, the Director of Public Works or the Planning Board or the Board of Selectmen, in accordance with procedures described herein, may vary application of the design standards on a case by case basis, upon the finding that: (a) for either a private applicant or a government entity, there are no reasonable available alternatives which would allow access in compliance with these standards, in which cases the applicant must commit to provide measures to mitigate impacts to traffic and operational safety which the Director of Public Works or the Planning Board or the Board of Selectmen determines are necessary, or (b) as an alternative procedure for a governmental entity only, the variance is necessary to accommodate an overriding municipal, regional, or state public interest, including the avoidance or minimization of environmental impacts.
G. Access Permit Provisions
(1) Construction under the terms of a Public Way Access Permit shall be completed within one year of the date of issue, unless otherwise stated in the Permit. The Director of Public Works or Planning Board or the Board of Selectmen may extend the Permit for an additional year, at the written request of the permittee, filed prior to the expiration of the original construction period.
(2) When the Director of Public Works or Planning Board or the Board of Selectmen determines that a Public Way Access Permit condition has not been complied with, the Director/Board may suspend or revoke the Permit if, after notice to the permittee of the alleged noncompliance, seventy two (72) hours have elapsed without compliance.
(3) The Director of Public Works or Planning Board or the Board of Selectmen may require a performance bond to be posted by the permittee in an amount not to exceed the estimated cost of the work or $50,000.00, whichever is lesser. The performance bond shall be posted prior to the issuance of the permit.
(4) The Director of Public Works or Planning Board or the Board of Selectmen may issue written orders, or regulations to carry out or enforce the provisions of this Bylaw.
H. Review by the Board of Selectmen
The Board of Selectmen shall hold a public hearing on any appeal from a decision of the Director of Public Works within 30 working days of the date the appeal was filed with the Town Clerk, and (2) any recommendation made by the Director of Public Works pertaining to a proposed access that would result in generating a substantial increase in or impact on traffic, within 30 working days of the date the recommendation was made. Notification of the public hearing shall be in accordance with the procedures and timetable set forth in Section V. L. of the Zoning Bylaw. The decision of the Board of Selectmen shall be rendered within 21 working days of the close of the public hearing. A majority vote of the members of the Board of Selectmen shall be required to render a decision on any appeal. In rendering its decision, the Board of Selectmen shall consider, in accordance with this Bylaw, the safety or appropriateness of the proposed access. The Board of Selectmen may then decide to affirm, modify, or rescind the decision of the Director of Public Works by filing same with the Town Clerk.
The Town is authorized to make public improvements and to assess betterments to those landowners and/or abutters who receive a particular benefit or advantage from such improvement.
Unless otherwise provided herein, the provisions of G.L. c.80 shall apply to such betterments.
No board or officer with jurisdiction over such improvement shall vote to assess a betterment unless it first determines that the improvement is necessary for the public convenience or welfare, or it has been presented in a petition for such improvement which petition has been signed by a majority of the landowners and/or abutters to be affected.
The cost of any public improvement voted under this bylaw shall be borne entirely by the area which receives a special benefit or advantage from the improvement.
Each parcel of land in such area shall bear a proportionate share of the cost of the improvement, shall pay
its proportionate share in equal annual portions, not exceeding twenty, and shall pay interest equal to the rate
of interest paid by the town on any bond or note issued for the improvement.
