ARTICLE XXIV24

SIDEWALKS BETTERMENT ASSESSMENTS

The following procedures shall govern the construction of new sidewalks or the reconstruction of a sidewalk with material of more permanent character than that with which it was originally constructed:

Section 1. Initial Steps:

Step 1: Resident submits a formal request to the Select Board office requesting a sidewalk. Request should identify the street and the cross streets where the sidewalk would start and end. The request should include signatures from at least 50% of the land owners in the target area.

Step 2: The Town Engineer determines the following:

If the section of road is considered a “Major Road / Collector” (MassDOT definition) or if the section of road is identified in Canton’s Complete Streets Prioritization Plan. Any material issues related to steep grades, site constraints, lack of use, inadequate width of the public way right-of-way or public safety reasons If the street is a public way The most appropriate side to install the sidewalk An estimate of the cost to design and construct the sidewalk.

Step 3: If sidewalk construction is deemed feasible, and the road is a minor street not on the Complete Streets Prioritization Plan, a strong majority, 75% or more of the owners must represent to the Town in writing that they support the project and will assume a share of the costs and obligations related to the layout and construction of the sidewalks. One way to accomplish this is to request each property owner to sign and return the sample outline attached as Exhibit 1.

Step 4: Depending on the classification of the road, the Select Board may take action to require benefited owners to pay either 100% or 50% of the cost of the project. The Board may order a betterment (i.e., a special tax) to be assessed equally against each of the benefited property owners for 50% share of the costs for the sidewalk. As part of this By-Law, the Board may determine that the property owners’ share will be paid as (i) a 100% full sum payment per agreement with the Board paid to the Town before the Board instructs the DPW to move forward with the project, (ii) a betterment assessment of 50%, or (iii) some combination thereof, as determined by the Board in the Board’s sole discretion, based upon any relevant factors and all applicable laws, regulations and bylaws. The duration of any betterment assessment is not to exceed

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10 years or other period allowed by law or otherwise advisable based upon available rates, terms and conditions for any borrowings by the Town.

Section 2. Determination of Priorities:

In the event that multiple requests for sidewalks come forth in the same year, staff time and potential funding will be dictated by the following priority list:

A. First priority: Requests for sidewalk construction (new sidewalk) On any arterial or collector roadway where there are not existing sidewalks; or A minor roadway listed on the Complete Streets Prioritization Plan; or At any location that may be deemed by the Superintendent of Public Works or the Chief of Police to be a potentially serious safety hazard for pedestrians; or On any public way which is being resurfaced or reconstructed, or coordinated with utility upgrades; or On an established pedestrian route within ½ mile to a heavily used destination such as a commercial center, school, bus stop, train station, or recreation area. B. Second priority: Requests for sidewalk construction at locations where sidewalks already exist on approximately 50% or more of the same side of the public way; C. Third priority: All other requests for sidewalk construction

Section 3. Determination of Funding:

Sidewalks on roads not designated as Major Road / Collectors (MassDOT classification) or included in Canton’s Complete Streets Prioritization Plan shall not be recommended to town meeting by the Select Board for funding from public sources. Private ways, regardless of classification, shall not be recommended to Town Meeting by the Select Board for funding from public sources.

For sidewalk requests on roads with these designations, the Select Board will make best efforts to request funding at least 50% of the total cost with a combination of applying for grants and a request for Town Meeting appropriations. For requests for Town Meeting funding, Steps 1 – 3 must be completed no later than 120 days before the start of Annual Town Meeting. Proposed funding sources for Town funding as proposed by the Select Board are to be from cash reserves and not from borrowing. If cash reserves do not exceed 15% of the operating budget, sidewalk projects will not be recommended by the Select Board to Town Meeting for funding If funding is not provided by Town Meeting or by grants, residents have the option to continue but all funding will be provided by private sources, or through a Town of Canton betterment upon benefited residents as described in Step 4 of Section 1 of this By-Law.

Section 4. Sidewalk Design:

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All new sidewalks constructed under this By-Law will be of standard size (5 ft) and meet all Americans with Disability Act (“ADA”) standards. Sidewalks will use granite curbing.

Section 5. Additional requirements:

A. Easements

If there is inadequate width of the public right-of-way to accommodate a new sidewalk, all affected property owners will be asked by the Select Board as a condition of the Select Board requesting action by Town Meeting, to grant to the Town an easement for the Town to use their properties for public way purposes, including any rights reasonably necessary for sloping, sidewalks or drainage that might be located outside the paved portion of the street, based upon the Town’s standard form easement. If all affected property owners do not agree to grant easements, the Board of Selectman shall not recommend action by Town Meeting.

B. Exemptions Properties owned by governmental entities for public purposes are exempt from betterments and special assessments, but individuals, and charitable, religious or other organizations, benefiting from a sidewalk construction, otherwise ordinarily eligible for full or partial exemptions from annual property taxes, are not exempt.

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