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The 191st General Court of the Commonwealth of Massachusetts

AN ACT ESTABLISHING A PRIVATE ROAD MAINTENANCE REVOLVING FUND IN THE TOWN OF WESTMINSTER

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. (a) The town of Westminster may establish a Private Road Maintenance Revolving Fund into which shall be deposited sums of money from time to time in accordance with this act. The director of public works, subject to the authority of the board of selectmen, shall control and administer the fund and render annual accounts of the receipts, disbursements and balances relating to the revolving account. The treasurer of the town shall be the custodian of the fund.

(b) The Private Road Maintenance Revolving Fund shall be established, consistent with section 6N of chapter 40 of the General Laws, to provide, without expense to the town, for the maintenance and upkeep of certain private ways serving the town’s inhabitants. Maintenance may also be performed on a private way’s drainage facilities and associated features; provided, however, that in accordance with said section 6N of said chapter 40, the maintenance shall be of a temporary nature and shall not include construction, reconstruction or resurfacing of private ways.

(c) When private way maintenance is desired, the town shall enter agreements with the party requesting the maintenance and the director of public works shall determine the cost of the maintenance. The town may charge a reasonable administrative fee for its services and the fee shall be deposited into the general fund. The interested parties shall pay the costs of the maintenance in advance and that amount shall be deposited into the Private Road Maintenance Revolving Fund. The director shall expend the deposited funds for only the maintenance and upkeep work for which they were deposited, unless the town and the original interested parties otherwise agree. If, for any reason, the maintenance work is not performed, the deposited sums shall be returned to the interested parties.

(d) By a town meeting vote, the town may close the Private Road Maintenance Revolving Fund and transfer to the general fund any balance not needed to complete previously agreed-to maintenance.

SECTION 2. This act shall take effect upon its passage.

Approved, April 27, 2018