[Adopted 12-18-1952 as Art. 9 of the 1952 General Bylaws]
No person except the Highway Commissioners or the Highway Superintendent in the lawful performance of their or his duties or those acting under their or his orders, except such other persons as are or may be authorized under statute, shall break or dig up a public way without obtaining a written permit from the Highway Commissioners, which shall state the regulations under which the work shall be done. All persons acting under such permit shall erect and maintain suitable railing or fence around that part of the street so broken up, as long as the same shall remain unsafe or inconvenient for travelers, and he or they shall keep two or more lighted lanterns or flares fixed to such railing or fence, or in some other way exposed, every night from sunset to sunrise as long as such street or way shall remain unsafe or inconvenient for travelers. The work done under said permit shall be in accordance with said regulations, and upon the completion of said work the surface of said street or way shall be restored to a condition satisfactory to the Highway Commissioners.
Whenever the Highway Commissioners or the Highway Superintendent are about to construct or repair any street or way, the surface of which is hard finished, they or he shall, before beginning the work, give reasonable notice to such intention to the departments of the Town, to corporations liable to be affected thereby and to all abutting owners having connections by drains or otherwise with structures in the street. If such parties have any work to be done in such public street or way, they shall consult and arrange with said Highway Commissioners or Highway Superintendent in order that such work may be done before the surface of such street or way is again prepared for and opened to public travel. After such notice and opportunity has been given, such parties shall not for the space of two years break up or disturb the surface of said street or way within the area so constructed or repaired except in case of reasonable necessity and then only on written permission of the Highway Commissioners.
Any person who intends to erect, repair or take down any building on land abutting on any way which the Town is required to keep in repair and desires to make use of any portion of said way for the purpose of placing therein building materials or rubbish shall give notice thereof to the Highway Commissioners. Thereupon the Highway Commissioners may grant a permit to such portion of said way to be used for such purposes as in their judgment the necessity of the case demands and the security of the public allows, such permit in no case to be for a period longer than 90 days and to be on such conditions as the Highway Commissioners may impose, including without limitation the condition that, from sunset to sunrise of every night during the progress of the work, the public way shall sufficiently be lighted by lantern or otherwise so as to be thereby reasonably safe and convenient for travelers. The Highway Commissioners may, before granting such permit, require such person to furnish a bond with satisfactory sureties to indemnify and save harmless the Town from and against any loss, damage, claim or suit which may arise from such use of the street and to insure the faithful compliance with the conditions of said permit.
[Added 5-24-1999; amended 5-18-2009 by Art. 22]
The Highway Commissioners shall be responsible for approving all proposed street names in the Town of Dudley. The naming of any street shall be approved by the Highway Commissioners prior to an approval of a subdivision or the issuance of a house number.