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.