Canton, Massachusetts · Saved source text
Town By-Laws
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REVISED General By-Laws (2022 edition)
“Commissioner” means the Town of Canton’s Building Commissioner.
“Contact Information” means a person’s: (a) name, (b) mailing address, which
shall include a street number, street name, city/town and zip code and which may
not be a P.O. Box, (c) telephone number where that person may be reached during
regular business hours (8:30 A.M. - 5:00 P.M. E.S.T.) and (d) email address.
“Dilapidated Building” means any building or structure, or portion thereof, that:
(a) shows sign of decay, deterioration or full or partial ruination through neglect or
misuse, (b) is unsafe or not structurally sound, and/or (c) is otherwise unfit for
healthy or safe habitation or access.
“Distressed Property” means:
(a) any Property in Foreclosure;
(b) any Abandoned Property or any Property showing Evidence of Abandonment;
(c) any Dilapidated Building; and/or
(d) any Property where the Owner, by their or its action or inaction, has created or
failed to correct a material health and/or safety condition at a Property. A
material health and/or safety condition may be found where the health, safety
and welfare of persons, the neighborhood or general public is or may be at risk,
including but not limited to instances where:
(1) a building is vacant for any length of time that is inconsistent with its use as
a residential, commercial or industrial building and/or premises;
(2) there exists a lack of maintenance and/or a deterioration of a building or
grounds which actually or potentially poses a risk to the public health,
safety, security and welfare and/or to the enjoyment of occupants, abutters
and/or neighborhoods;
(3) the structural vandalism of a building or grounds has gone unrepaired;
and/or
(4) a lack of maintenance, a use or a deterioration of a building and/or premises
promotes a degradation of the surrounding neighborhood adversely
affecting public health, safety, security and welfare or the enjoyment of
occupants, abutters or neighborhoods.
“Evidence of Abandonment” means any Property that independently or in the
context of the totality of circumstances would lead a reasonable person to believe
that a Property is Abandoned Property or occupied by a person without a legal
right of occupancy. Such conditions include but are not limited to: (1) overgrown
grass (1 foot or higher) or noticeable amounts of dead vegetation; (2) accumulation
of unclaimed newspapers, circulars, flyers or mail; (3) past-due utility notices or
disconnected utilities; (4) accumulation of trash, garbage, junk or debris; (5) the
absence of window coverings such as curtains, blinds or shutters; (6) the absence
of furnishings or personal items consistent with habitation; (7) a swimming pool in
such disrepair that a dangerous condition may exist; and/or (8) reports by
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neighbors, passersby, delivery agents or government employees that the Property
is Abandoned Property.
“Foreclosure” means the process by which a Property serving as security for a loan
or other debt is taken to satisfy such loan or debt, regardless of what stage the
process is in (from the Initiation of the Foreclosure Process through the conclusion
of any such process) and whether the process entails foreclosure by sale, by entry
or by action.
“Initiation of Foreclosure Process” means taking any of the following actions: (a)
taking possession of a Property pursuant to G.L. c. 244, § 1; (b) delivering a notice
of intention to foreclose on a Property pursuant to G.L. c. 244, § 17B; or
(c) commencing a foreclosure action on a Property in either the Land Court or
Superior Court.
“Local” means within twenty (20) driving miles distance of the property in question.
“Mortgagee” means a mortgagee or creditor that holds rights, title or interests to a
Property pursuant to a mortgage or security agreement, and shall include but not
be limited to lenders in a mortgage agreement, service companies and their
agents, employees, successors in interest and assignees.
“Owner” and “Owners” mean every person, entity, service company, property
manager or real estate broker, who alone or severally with others:
(a) has legal or equitable title to any Property by Foreclosure, transfer, court
order or otherwise;
(b) is a Mortgagee that has undertaken any Initiation of Foreclosure
Process;
(c) is a Mortgagee in possession of a Property;
(d) is a trustee who holds, owns or controls mortgage loans for
mortgage-backed securities transactions and has undertaken any
Initiation of Foreclosure Process;
(e) has care, charge, custody or control of any Property in any capacity,
including but not limited to as trustee, agent, fiduciary or other
personal representative (e.g., executor/executrix,
administrator/administratrix, guardian or conservator) of the estate of
the holder of legal title;
(f) is an agent, trustee or other person appointed by a court and vested
with possession, receivership or control of any Property; and/or
(g) is an officer or trustee for the organization of unit owners of a
condominium created pursuant to G.L. c. 183A, except however, this
Bylaw shall not apply to such officers or trustees to the extent that
the officers or trustees, on behalf of the organization of unit owners,
enforce a lien placed on a unit in their condominium for unpaid
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delinquent common expenses, fees, assessments and other charges
pursuant to G.L. c. 254, §§ 5 and 5A.
“Property” means any improved or unimproved real property or portions thereof
located in the Town, together with the buildings, structures thereon and
appurtenances thereto, including but not limited to dwellings, dwelling units, mobile
dwelling units and commercial properties, or any portions thereof, situated on, over
and under such real property regardless of condition and regardless as to whether
such real property is used for residential, commercial, industrial or other purposes.
For purposes of this Bylaw, “Property” shall not include property owned by the
Town.
“Town” means the Town of Canton.
4. REGISTRATION OF VACANT AND/OR FORECLOSING PROPERTY;
DUTY TO PROVIDE WRITTEN NOTICE OF DISTRESSED PROPERTY,
FORECLOSURE AND CHANGE OF LOCAL PROPERTY MANAGER
(a) Filing of Registration. All Owners of Distressed Property in the Town must
initially register such Distressed Property with the Commissioner as provided
herein and on forms provided by the Commissioner, if any, within ten (10) days of
becoming the Owner of the Distressed Property or within forty five (45) days of the
effective date of this Bylaw, whichever is later.
(b) Content of Registry Filing. All such registrations must state the correct
street number and street name of the Distressed Property, the map, block and
parcel number of the Distressed Property, all Contact Information of the Owner,
and all Contact Information for the authorized agent of such Owner with regard to
such Distressed Property, and shall otherwise be provided in the manner
prescribed by G.L. c. 59, § 57D. The mailing address may not be a P.O. Box.
If an Owner of Distressed Property does not reside or have a usual place of
business in the Commonwealth of Massachusetts, then such Owner’s registration
shall also include all Contact Information for (1) a person who resides within the
Commonwealth of Massachusetts and is authorized to accept service of process
on behalf of the Owner and who shall be designated as the Owner’s agent for
purpose of receiving all notices issued pursuant to this Bylaw, and (2) a Local
individual or Local property management company who shall be responsible for
the security and maintenance of the Distressed Property as required by this Bylaw.
If the Owner or Owner’s agent is a corporation, company, trust, association or other
entity or organization, then such registration shall also provide all Contact
Information of an individual person who has the authority to make decisions and
to undertake actions regarding the Distressed Property, including but not limited to
decisions and actions related to compliance with the State Building Code and/or
State Sanitary Code, work to and rehabilitation of the Distressed Property and all
its facilities and improvements, and other maintenance of the Distressed Property.
(b) Condition of Distressed Property at Time of Filing. This initial
registration and all subsequent annual registrations must also certify that
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the Distressed Property was inspected and identify whether the
Distressed Property is vacant or in Foreclosure at the time of filing the
registration. If the Distressed Property is vacant or in Foreclosure at the
time of any such registration, then the Owner must provide in the
registration form all Contact Information of the Local individual or Local
property management company responsible for the security and
maintenance of the Distressed Property as required by this Bylaw.
(c) Change of Ownership. In the event the ownership of any Distressed
Property changes subsequent to registration, then both the former and
current Owner of the Distressed Property shall be jointly and severally
responsible to provide to the Commissioner within ten (10) days of the
change of ownership written notification of such change in ownership
and a completed registration form for the new Owner of the Distressed
Property as required above.
(d) Change of Contact Information. If any Contact Information of any Owner
of Distressed Property or that Owner’s agent changes at any time, then
such Owner shall submit to the Commissioner a new registration form
as required above, setting forth all the Owner’s and/or Owner’s agent’s
new Contact Information in the manner required above, together with
any applicable fees.
(e) Notice of Violation to Apparent Owner. Without limiting the generality of
the provisions of this Section 4, if the Commissioner, in the
Commissioner’s sole judgment, determines that a Property is a
Distressed Property and provides to the party appearing to be the Owner
of such Distressed Property pursuant to records on file with the Town or
otherwise readily available a written notice that such party appears to be
the Owner of Distressed Property in the Town and such party is
responsible to comply with this Bylaw, then such party must: (a) as the
Owner of the Distressed Property, register the Distressed Property with
the Town within ten (10) days of the date of such notice and otherwise
comply with this Bylaw, or (b) provide to the Commissioner within ten
(10) days of the date of such notice evidence satisfactory to the
Commissioner that such party is not the Owner of such Distressed
Property and any information regarding the new Owner of the Distressed
Property that such party may have, including but not limited to all the
new Owner’s Contact Information.
(f) Annual Registration; Expiration. All initial registrations are valid until the
earlier of the date that (a) is one calendar year from the date the initial
registration is received by the Commissioner at which time such
registrations shall expire, or (b) the Owner submitting such initial
registration form no longer owns the Distressed Property. Owners of
Distressed Property shall file annual registrations every year on or
before the date that initial registrations expire.
(g) Failure to Register. Failure to register a Distressed Property as required
by this Section 4 shall be a violation of this Bylaw.
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5. INITIAL REGISTRATION FEE; ANNUAL REGISTRATION FEE;
FAILURE TO PAY
When registering Distressed Property pursuant to this Bylaw, the Owner of the
Distressed Property shall pay to the Town, together with the submission of any
registration forms, fees to be set by the Board pursuant to G.L. c. 40, § 22F to
cover the administrative cost of monitoring and ensuring the security and proper
maintenance of such Distressed Property.
All registration fees, fines and other charges due and payable to the Town pursuant
to this Bylaw shall be due and payable regardless of the delivery by the Town or
receipt by any Owner of any billing statement or other notice of such fees, fines or
other charges.
Failure to pay any fees as required by this Bylaw shall be a violation of this Bylaw,
and the full amount of all unpaid fees due under and fines issued for violations of
this Bylaw not paid by the date due shall constitute a “municipal charges lien” on
the Distressed Property in accordance with G.L. c. 40, § 58.
6. SECURITY, MAINTENANCE AND INSPECTIONS OF DISTRESSED
PROPERTY
The Owner of Distressed Property shall secure all structures at the Distressed
Property from the weather and in such a manner as to prevent access by
unauthorized persons and by pests, including but not limited to the following:
(a) closing and locking of all windows, doors (including garage doors), gates,
swimming pools and any other opening of such size that it may allow a child to
access the interior of such structures; (b) re-glazing or boarding of all broken
windows; (c) implementing additional maintenance and/or security measures as
may be directed by the Commissioner, including but not limited to installing
additional lighting for security, increasing frequency of on-site inspections,
employing an on-site security guard(s), disconnecting utilities and removing meter
boxes, or carrying out measures as may be required to stop the structural decline
of the Distressed Property; (d) elimination of unsanitary conditions at the
Distressed Property; and (e) removal from the Distressed Property of all materials,
waste, garbage, rubbish, chemicals and substances that actually or potentially
create nuisances or pose a risk to the public health, safety or welfare.
The Owner of Distressed Property must regularly inspect and maintain any
Distressed Property at least once every two (2) weeks to ensure that such
Distressed Property is in compliance with this Bylaw, as well as the State Sanitary
Code, the State Building Code and all other applicable laws, regulations and
bylaws.
If the Owner of Distressed Property does not have a Local residence or Local usual
place of business, then such Owner shall retain a Local individual or Local property
management company to be responsible to secure, inspect and maintain the
Owner’s Distressed Property as required by this Bylaw.
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The Commissioner shall have the authority to inspect all Distressed Property
subject to this Bylaw for compliance and to issue citations for any violations. The
Commissioner shall have the discretion to determine when and how such
inspections are to be made in the enforcement of this Bylaw.
7. POSTING
The Owners of Distressed Property shall post on the Distressed Property the name
and 24-hour contact telephone number of a Local manager of the Property as
follows:
“THIS PROPERTY MANAGED BY
[Insert Name of Property Manager].
TO REPORT PROBLEMS OR CONCERNS PLEASE CALL [Insert
24-hour local contact phone number].”
The posting shall be no less than 18 inches by 24 inches and shall be
conspicuously located and clearly legible from a distance of 50 feet from a public
way abutting the Distressed Property. If no public way abuts the Distressed
Property, then such posting shall be conspicuously located and clearly legible from
a distance of 50 feet from the closest private street (as opposed to a driveway or
common driveway) abutting the Distressed Property.
If the Distressed Property includes a Dilapidated Building or other building or
structure, then such posting shall be placed on the interior of a window on the front
of the Dilapidated Building and/or other building or structure facing the main
abutting public way (or private way if no public way is abutting) or secured to the
front exterior of the Dilapidated Building or other building or structure facing the
main abutting public way (or private way if no public way is abutting) or, if no such
area exists, on a stake of sufficient size to Secure the posting in a location that is
visible from such ways but not readily accessible to vandals. Exterior postings
must be constructed of, and printed with weather-resistant materials.
8. ENFORCEMENT AND PENALTIES
All violations of this Bylaw, including but not limited to any failure to register a
Distressed Property as required by this Bylaw, to pay a registration fee or to hire a
Local property manager for a distressed Property, shall be subject to a fine of
Three Hundred Dollars ($300.00) per offense and each day any such violations
continue shall constitute a separate offense. The Commissioner or the
Commissioner’s designee and/or any Police Officer of the Town shall have the
right to enforce this Bylaw pursuant to the non-criminal disposition procedures set
forth in Article 1, Section 2 of the Town of Canton General By-Laws. This Bylaw
shall not supersede, preempt or negate any other legal authority of the
Commissioner or other public body or official to act independently on such matters.
9. REQUEST FOR WAIVER OR STAY FROM PAYMENT OF FEES
Any Owner of Distressed Property aggrieved by any fees due under this Bylaw
may appeal to the Select Board or the Board’s designee such fees by delivering to
the Select Board within ten calendar (10) days of the date such fees are due a
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written request for the Board to waive or to stay the payment of fees due pursuant
to this Bylaw. The appeal request must be accompanied by a non-refundable
appeal cost to be set by the Select Board pursuant to G.L. c. 40, § 22F. Upon the
proper filing of an appeal, payment of the registration fee shall be stayed pending
the outcome of the appeal.
The Select Board or its designee may, in its, or their sole discretion, vote to waive
or stay the payment of all or any part of any fees due to the Town pursuant to this
Bylaw.
If, upon appeal, the Select Board votes or its designee decides not to waive all
fees due under this Bylaw, then the Owner, without further notice or action required
by the Town, shall pay to the Town within ten (10) calendar days of such vote or
decision the total amount of the fees due to the Town under this Bylaw.
If, upon appeal, the Select Board votes or its designee decides to stay all or any
part of the fees due to the Town under this Bylaw, then the Owner without further
notice or action required by the Town, shall pay to the Town within ten (10)
calendar days of such vote or decision the total amount of fees due.
10. NOTICE
The Commissioner may cause notice of this Bylaw to be mailed or delivered to
Owners of Distressed Property in the Town, based upon ownership and contact
information readily ascertainable and available from records on file with the Town;
except however, no failure by the Commissioner to deliver such notice or failure
by the Owners to receive notice of this Bylaw shall affect the operation or
enforcement of this Bylaw.
11. APPLICABILITY AND OTHER VIOLATIONS
If any provision of this Bylaw imposes greater restrictions or obligations than those
imposed by any other general laws, special laws, regulations, rules, bylaws,
orders, or policies then the provisions of this Bylaw shall control.
The provisions of this Bylaw are in addition to, and not in lieu of, any and all other
applicable provisions of the Town of Canton General By-laws, Town of Canton
Zoning By-laws and all other federal, state and Town laws, regulations and codes.
12. SEVERABILITY
If any provision of this Bylaw is held by a court of competent jurisdiction to be
invalid, then such provision shall be considered separately and apart from the
remaining provisions, which shall remain in full force and effect.
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ARTICLE XXIII23
STRETCH ENERGY CODE
1. DEFINITIONS
The terms below shall have the following meanings for the purposes of this Article
XXIII.
International Energy Conservation Code (IECC) - The International Energy
Conservation Code (IECC) is a building energy code created by the International
Code Council. It is a model code adopted by many state and municipal
governments in the United States for the establishment of minimum design and
construction requirements for energy efficiency, and is updated on a three-year
cycle. The baseline energy conservation requirements of the MA State Building
Code are the IECC with Massachusetts amendments, as approved by the Board
of Building Regulations and Standards.
Stretch Energy Code - Codified by the Board of Building Regulations and
Standards as 780 CMR Appendix 115.AA of the 8th edition Massachusetts
Building Code, the Stretch Energy Code is an appendix to the Massachusetts
Building Code, based on further amendments to the International Energy
Conservation Code (IECC) to improve the energy efficiency of buildings built to
this Code.
2. PURPOSE
The purpose of 780 CMR 115.AA is to provide a more energy efficient alternative
to the Base Energy Code applicable to the relevant sections of the Building Code
for both new construction and existing buildings.
3. APPLICABILITY
The Stretch Code applies to residential and commercial buildings. Buildings not
included in this scope shall comply with 780 CMR 13, 34, 51, as applicable.
4. STRETCH CODE
The Stretch Code, as codified by the Board of Building Regulations and Standards
as 780 CMR Appendix 115.AA, including any future editions, amendments or
modifications, is herein incorporated by reference into these General Bylaws,
Article XXIII.
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Inserted under article 44, ATM May 8, 2017.
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5. ENFORCEMENT
The Stretch Code is enforceable by the Building Commissioner.
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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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Inserted under article 25, ATM May 22, 2021
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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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ARTICLE XXV25
SMALL CELL WIRELESS COMMUNICATION SYSTEMS
1.Purpose
Subject to the Federal Communications Commission (FCC) Order In the Matter
of Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment Declaratory Ruling and Third Report and Order, FCC
WT Docket Nos. 17-79 and 17-84, released September 27, 2018 ("FCC Small
Cell Wireless Order"); 47 United States Code §§ 253 and 332;-M.G.L. c. 166, §§
21-22 to t h e e x t e n t a p p l i c a b l e and subject to any other applicable
p e r m i t t i n g a n d o t h e r laws, the Town of Canton ("Town") hereby adopts this
By-Law (“By-Law") concerning Applications for Small Cell Wireless installations
within the public right of way of the Town. For purposes of this By-Law, Small
Cell Wireless installations and/or equipment shall include such equipment and
ꞏrelated appurtenances and devices as are defined as Small Cell Wireless in the
FCC Small Cell Wireless Order. Consistent with the foregoing, to the extent
required by applicable law, it shall be the responsibility of the Select Board to
review and act on Small Cell Wireless applications consistent with timetables set
forth in the FCC Small Cell Wireless Order in a manner that does not effectively
prohibit or materially inhibit Small Cell deployments and to the extent required by
law be non-discriminatory with respect to similarly situated
applicants. References herein to Small Cell Wireless or to Small Cells or similar
terminology shall include any and small cell devices and associated equipment
to the extent subject to the FCC's Small Cell Wireless Order.
2. Application Process
a. Applications or petitions ("applications") for placement of Small Cell Wireless
in the Town's public ways shall be submitted to the Select Board through the
Office of the Town Administrator accompanied by the application fee of $500
per application, payable to the Town of Canton. The $500 fee will cover up to 5
locations. Each application for more than 5 installations is subject to a separate
application fee of $100 per application. If and to the extent any part of the
application process or particular terms and conditions herein are deemed by the
applicant to effectively prohibit or materially inhibit the applicant's ability to
reasonably deploy its proposed system(s) the applicant shall include a separate
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Inserted under article36, ATM June 22, 2020
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statement in its application explaining the basis for its assertion of effective
prohibition or material inhibition to enable Select Board review of such assertion.
b. The applicant shall pay for legal notice of the public hearing to local
newspapers and abutters, as applicable. The applicant is responsible for
obtaining the abutters list from the Town for each pole or other public way
installation location within the application and is responsible for notice-giving to
abutters in compliance with M.G.L. c. 166 §§ 21-22 and such other lawful notice
rules, if any, as may be in effect or as may be adopted by the Select Board or
their designee(s).
c. Ten (10) hard copies of the application and 1 (one) electronic copy of the
application shall be submitted to the Office of the Town Administrator. No
application will be accepted for review until all items listed in 3, below, have been
submitted, and all fees and the costs of the abutters list are paid.
d. Upon receipt, the Office of the Town Administrator shall: (1) date and time
stamp the Application as received; and (2) make a determination as to
completeness of the application and shall notify the Applicant, in writing, within
10 business days, if the application is incomplete. If the Applicant is notified
that the application is incomplete, the time periods set forth in this By-Law shall
be tolled, if and as consistent with the FCC Small Cell Wireless Order until such
time as a complete application has been submitted.
e. The Office of the Town Administrator shall also circulate a copy of the
application to the following departments for comment and review: Department of
Public Works; Building; Engineering; Planning; Health; and, any other department
the Town Administrator, in the Administrators sole discretion, determines.
f. Written comments from the departments shall be submitted to the Office of the
Town Administrator within 20 days of circulation of the application and shall be
a part of the record of a hearing if and as may be required pursuant to M.G.L. c.
166, §§21- 22.
g. Once the application is deemed complete, and all comments have been
received, the Select Board will schedule and hold a public hearing to consider
the application, such that a determination may be made on any, application for
an installation on an existing structure in a public way within 60 days of receipt
of the application, and on a new structure in a public way, within 90 days of
receipt of the application, subject to any such extensions of time being consistent
with the FCC Small Cell Wireless Order.
h. To the extent consistent with the FCC Small Cell Wireless Order and applicable
law, material changes to an application, as determined by the Select Board in its
sole discretion, shall constitute basis for deeming the application a new
application for the purposes of the time standards. Where a materially changed
or new application is submitted, the prior application shall be deemed withdrawn.
214Source page 215
REVISED General By-Laws (2022 edition)
i. Upon completion of the hearing, the Select Board may grant, grant with
conditions, or deny the application, based on inadequate capacity of the pole or
mounting structure and safety concerns, reliability concerns or failure to meet
applicable engineering standards with the foregoing being consistent with 47
U.S.C. §§ 253 and 332, the FCC Small Cell Wireless Order and other applicable
law, and in furtherance of applicable electrical, building, construction and/or such
other such codes as in effect in the Commonwealth of Massachusetts.
Implementation of the siting process shall not materially inhibit the applicant's
small cell wireless deployments or be unlawfully discriminatory to the applicant
relative to similarly situated small cell wireless systems.
j. To address lawful aesthetic and location interests of the Town and its residents,
applicants shall in their applications disclose whether they make available:
i) multiple hardware, design and aesthetic options for
reducing the size and visibility of the small cell hardware
and/or
ii) multiple color and other aesthetic features and options
that may facilitate the municipality and the Small Cell
Wireless provider finding options responsive to local needs.
k. Applicant shall state in its application if, when and how it is available to voluntarily
meet with the Town Engineer, the Superintendent of Public Works and/or a
designee of the Select Board to discuss size, color, concealment and other design
options, if any, and to discuss other Town information needs, if any.
l. Any approval granted to an applicant shall be only for the specific applicant and
application. Any change in the name/carrier or sistered service provided by another
carrier or small cell wireless location will require a new application and approval
from the Town.
3. Content of Applications
Applications shall include the following information:
a. Applicant's name, address, telephone number and email address.
b. Names, addresses, telephone numbers, and email addresses of persons acting
on behalf of the Applicant with respect to the application including designation of
a lead person for Town information gathering concerning Applicant's proposal(s)
and possible grant of location orders, and/or other authorizations, licenses
and/or right-of-way use agreements to the extent applicable and other matters
arising hereunder; the name of the applicant’s emergency-related work by Town
or other companies with infrastructure in the public way/ the name of applicant’s
construction manager to be liaison to Town in the event of a grant of location or
authorization to applicant to deploy Small Cell Devices in the public ways of the
Town.
215Source page 216
REVISED General By-Laws (2022 edition)
c. Photographs of the equipment proposed for installation and reasonably
detailed drawings with height and customary technical specifications and
narrative descriptions of the equipment proposed to be installed, whether
mounted on poles or on the ground, or otherwise, including:
i.Type of equipment
ii. Descriptions and specifications of equipment (including
but not limited to dimensions and weight)
iii. Equipment mount type and material
iv. Power source or sources for equipment, including
necessary wires, cables, and conduit
v. Expected life of equipment
vi . For informational purposes coverage area of equipment,
including:
1.Number of antennas and other quantifiable devices
2. Antenna and device models
3. Antenna and device length
4. RRU count and power
5. Antenna and device dimensions including cubic
feet data
6. Typical coverage area radius
vii. For informational purposes, call capacity of equipment,
including:
1 .Total RRUs
2. Max bandwidth per RRU
3. MIMO per RRU
4.Backhaul rate per RRU
viii. Hardening and fiber cable information, including:
1. If there is battery backup
2. If there is generator backup
216Source page 217
REVISED General By-Laws (2022 edition)
3. If there are fibers or cables interconnecting Small
Cell Wireless and their proposed routes and whether there are multiple fibers or
cable paths within a proposed route.
ix. Rendering and elevation of equipment on the proposed
site(s)
x. Disclosure and identification of any known property
and/or personal injuries, hazards and/or risks associated
with the equipment or that have been the subject of
complaints or legal challenges by local, state and/or federal
officials, abutters, pole and/or conduit owners and/or
pole/conduit attachers.
d. Detailed drawing depicting both existing and proposed conditions within 25-
feet of the proposed work. Drawing shall be to scale and shall include the
following information:
1.Right-of-way limits
2.Existing walkways, accessible ramps, driveway openings,
side streets, hydrants, fire pull boxes, curbing, grassed
strips, street trees, mailboxes, stone walls, trees with a
diameter greater than eight inches, utility gate boxes and all
Town-owned sub-surface utilities.
3.Proposed location of proposed equipment including all
wiring, appurtenances and proposed location of
screening/concealment.
4. A statement from a qualified person stating that sight line
distances available to existing driveways and side streets will
be maintained post construction.
5.A statement from a qualified person stating that Americans
with Disability Act (“ADA”) accessibility will be maintained
and if not currently ADA compliant, the installation of
equipment will make the project area no more non compliant.
e. Map with locations of the poles or other facility on which equipment is to be
located, including specific pole identification number, if applicable, and the areas
it will service.
f. Detailed map showing existing and proposed small cell installations within
500 feet of the Application site.
217Source page 218
REVISED General By-Laws (2022 edition)
g. Certification by a registered professional engineer that the pole/or location
will safely support the proposed equipment and otherwise comply with
applicable codes.
h. Location of all equipment shall be marked out with flagging and paint at the
time of application.
i. Written consent of the pole or facility owner to the installation. If a new pole is
being created, detail any sightline impacts.
j. Insurance certificate and a statement from the applicant as to whether if granted
locations in the public ways it will maintain insurance naming the Town as an
additional insured and not as a certificate holder and shall annually provide the
Town a certificate of insurance showing the Town so named as an additional
insured and such insurance shall be in amounts not less than the coverages
currently maintained by the Town of Canton and not less than applicant's
insurance in effect in other comparably sized Massachusetts towns, if any.
k. Description as to why the desired location is superior to other similar
locations, from a community perspective, including:
i. Visual aspects- stealth/concealment components required
in most cases
ii.Proximity to residences.
m. Description of efforts to co-locate the equipment on existing structures, poles,
or towers which currently exist or are under construction. A good faith effort to
co- locate, if technically feasible, is required as is evidence of efforts toward
minimizing visual impacts, and evidence of such efforts must be included within
the application.
n. Copy of FCC frequency license(s)
o. An Affidavit or certified statement (hereinafter “affidavit”) from the
applicant which certifies that it will maintain the installations in good repair and
according to FCC standards and applicable law and codes, and will remove any
installation not in such good repair, or not in use, within 60 days of being no
longer in good repair or no longer in use.
p. A list of other municipalities that have issued 1) grant of location orders for
small cell wireless, other forms of authorization if applicable and/or other
approvals to applicant f o r s m a l l c e l l w i r e l e s s and 2) that have entered
small cell wireless license agreements or similar right-of-way usage
agreements with applicant; and copies of the five most recent small cell
wireless grant of location orders, authorizations and/or other approvals and
license agreements issued by Massachusetts municipalities to applicant.
218Source page 219
REVISED General By-Laws (2022 edition)
q. A description of applicant's policies and current practices regarding agreeing
to terms and conditions requiring performance bond running to the Town and an
indemnification clause providing for applicant's indemnification of Town costs, if
any, that might arise from its acts and omissions in installing, building, operating
and/or maintaining its small cell devices and associated equipment within the
Town.
r. For informational purposes and not in connection with criteria for review of
the application, please describe the services to be provided including whether
the applicant is proposing to provide services to other telecommunications,
broadband or cable television companies in the Town or to directly sell or transmit
services to residential and business customers located in the Town; and including
a statement as to whether the applicant is planning to sell multi channel video
programming to subscribers in the Town.
4. Design Guidelines
If and to the extent any part of this Design G u i d e l i n e S e c t i o n o r t h e
f o l l o w i n g Placement Guidelines Section are deemed by the applicant to
effectively prohibit or materially inhibit the applicant's ability to reasonably deploy
its proposed system(s) the applicant shall include a separate statement in its
application explaining the basis for its assertion of effective prohibition or material
inhibition to enable S e l e c t Board review of such assertion. See paragraph j.
below regarding openness to application of alternative standards if and as
necessary.
a. Preference is to co-locate on existing utility poles, secondary preference for
vehicular street light poles (not pedestrian-scale or historic style street lights),
with last preference for a freestanding pole. Small wireless facilities are not
permitted on traffic signal poles unless denial of the siting could be a prohibition
or effective prohibition of the applicant's ability to provide telecommunications
service.
b. If freestanding pole is created, design shall match aesthetics of existing
streetlights installed adjacent to the pole or of existing streetlights most
proximate to the pole.
c. The small cell components shall be sized to be visually pleasing. For example,
the transition between the equipment cabinet and the upper pole shall be
considered. A decorative transition shall where feasible be installed over the
equipment cabinet, or decorative base cover shall be installed where feasible to
match the equipment cabinet size.
d. Hardware connections shall be hidden from view to the maximum practicable
extent. In general, ground mounted equipment is to be avoided, and placed
underground unless the applicant can demonstrate that pole-mounted or
underground equipment is technically infeasible. If ground-mounted equipment
219Source page 220
REVISED General By-Laws (2022 edition)
is necessary, then applicant shall comply with other element requirements of this
section and the Town's regulations and bylaws. No horizontal flat spaces greater
than 1.5 inches shall existing on the equipment cabinet to prevent cups, trash,
and other objects from being placed on the equipment cabinet. Each pole
component shall be architecturally compatible to create a cohesive aesthetic.
e. If fans are required, fan(s) shall not emit noise greater than 30dBa at one
meter (3.28 feet). In no case shall fan(s) exceed noise performance standards in
applicable zoning bylaws if any (Zoning Bylaw Section 6.7.3)
f. Antenna and pole attachment shall be shrouded to the maximum extent
practicable. Antenna shroud shall be colored to match or substantially match
pole.
g. If required by the Federal Communications Commission, radio frequency
warning labels shall be mounted exterior to the pole.
h. A 4”x6" (max) plate with the Carrier's name, location, identifying information,
and emergency telephone number shall be permanently fixed to the pole. No
other signage, message, or identification is allowed to be portrayed on any
antenna or equipment enclosure.
i. No artificial lights other than those required by law or other applicable
authority shall be permitted. All lights shall be down-shielded, and installed to
be consistent with Town zoning bylaws if and to the extent addressed in the
Town's zoning By-Laws (Section 6.7.2)
j. These design standards are intended to be used solely for the purpose of
promoting reasonable concealment and siting in furtherance of Town
maintenance of the infrastructure and aesthetics in the public ways. Nothing
herein shall be interpreted or applied in a manner which dictates the use of a
particular technology. When strict application of these requirements would
unreasonably impair the function of the technology chosen by the applicant,
alternative forms of concealment or deployment may be permitted which provide
similar or greater protections from negative visual impacts to the streetscape.
k. No ground equipment shall be placed within five (5) feet of Town-owned
subsurface utilities without the written consent of the Superintendent of Public
Works.
5. Placement
a. The preferred location of a small wireless facility on a pole is the location
within the pole area available for use and with the least visible impact consistent
with applicable electrical and other codes governing applicant's operations and
installations.
b. The Town may consider the cumulative visual effects of small wireless
facilities mounted on poles within the rights-of-way when assessing proposed
220Source page 221
REVISED General By-Laws (2022 edition)
siting locations so as to not adversely affect the visual character of the Town.
This provision shall neither be applied to limit the number of permits issued when
no alternative sites are reasonably available nor to impose a technological
requirement on the applicant.
c. Preference is to locate in the public right-of-way rather than outside the
public right-of-way.
d. P l a c e m e n t m ust be created in a manner that does not impede, obstruct,
or hinder pedestrian or vehicular travel, including snow removal.
e. New installations are not be located along the frontage of a historic building
registered as a historic site on a federal, state, or local level.
f. Additional reasonable and feasible aesthetic and shrouding conditions may
be required in the central business district, historic district, or along scenic
ways.
g. Installations, including proposed methods of concealment shall not reduce
driveway stopping sight distance and intersection sight distances below
AASHTO guidelines
h. Small cells shall be located such that they in no way impede, obstruct, or
hinder the usual pedestrian or vehicular travel, affect public safety, obstruct the
legal access to or use of the public ROW, violate applicable law, violate or
conflict with public ROW design standards, specifications, violate the Federal
Americans with Disabilities Act, or in any way create a risk to public health,
safety, or welfare.
i. Small cell wireless facilities are to be located at the intersection of property
lines, or along secondary property street facing where feasible.
j. When poles are located adjacent to a commercial establishment, such as a
shop or restaurant, care is be taken to locate the small cell such that it does
not negatively impact the business, e.g. in front of store front windows,
e ntrances/exists, or by being placed in a way that would impede a delivery to
the building. Small cell facilities are to be located between properties if and to
the extent feasible.
k. Small cell wireless facilities shall be located within the street amenity zone
whenever possible, within the ROW, and off set from the sidewalk.
l. Small cell wireless facilities shall be aligned with existing trees, utility poles,
and streetlights where feasible.
m. Small cell wireless facilities shall be placed at an equal or substantially
equal distance between trees when possible with a minimum 15 foot separate
such that no proposed disturbance shall occur within the critical root zone of
any tree.
221Source page 222
REVISED General By-Laws (2022 edition)
n. Small cell wireless facilities shall be placed an appropriate clearance from
existing utilities.
o. Small cell wireless facilities shall be placed outside of the 20-foot equipment
clear zone or 30-foot clear sight triangle at intersection corners.
p. Small cell wireless facilities shall be placed 10 feet away from the triangle
extension of an alley way flare.
q. Small Cell wireless facilities shall not be located within 100 feet of the apron
of a fire station or other adjacent emergency service facility.
r. The placement requirements above do not apply for locations on existing
streetlights and utility pole locations.
s. New poles in the rights-of-way for small wireless facilities and installations
along Washington Street in the Town Center between Neponset Street and
Sherman Street are only permitted if the applicant can establish that:
i. The proposed small wireless facility cannot be located
on an existing utility or light pole on a nearby side street, or on a site outside of
the public rights-of-way such as a public park, public property, building,
transmission tower or in or on a nonresidential use, whether by roof or panel
mount or separate structure;
ii. The proposed small wireless facility received approval
from the Select Board for a concealment element design.
6. Annual Re-Certification and Affidavit.
a. Each year on July 1 the equipment owner shall submit an affidavit which
shall list, by location, all small cell wireless installations it owns within the Town
of Canton by location, and shall certify: (1) each such installation that remains
in use; (2) that such in use installations remain covered by insurance; and (3)
each such installation which is no longer in use.
b. The equipment owner shall pay an annual re-certification fee of $270 per
installation which remains in use or which remains installed in the public way
prior to removal in accordance with clause c. of this Section 6.
c. Any small cell wireless installation which is no longer in use shall be
removed by the owner within 60 days of receipt of the annual re-certification
affidavit, at the owner's expense.
d. Any small cell wireless installation which is not removed within 60 days
after being listed as no longer in use in the annual re-certification affidavit shall
be subject to a non criminal penalty pursuant to M. G. L. chapter 41, section 22D
of $100/day until such installation is removed. The enforcing person shall be
222Source page 223
REVISED General By-Laws (2022 edition)
any Police Officer from the Canton Police Department or the Town Administrator
or the Administrator’s designee.
e. Where such annual re-certification has not been timely submitted, or
equipment no longer in use has not been removed within the required 60-day
period, no further applications for small cell wireless installations will be
accepted by the Town until such time as the annual re-certification has been
submitted and all fees, non criminal penalties, if any, are paid.
7. Miscellaneous Regulations.
a. In furtherance of the Town's interest in facilitating removal of double poles,
new small cell wireless installations and associated devices shall not be
installed on double poles prospectively as of the effective date hereof.
b. No small cell wireless installation shall be installed in such a manner or
way that violates applicable ADA requirements, if any.
c. No small cell wireless installations shall remain within the Town rights of
way if they have not been certified as in use in the annual re- certification
affidavit filed under 3(a) above and shall be removed not later than 60 days
after being listed as no longer in use in the annual re-certification.
d. No small cell wireless installation equipment shall be replaced or altered
without a re-application, hearing, and approval from the Select Board unless
the equipment is no longer properly functioning or otherwise needs
replacement and it is being replaced with the same or substantially similar
equipment.
223Source page 224
REVISED General By-Laws (2022 edition)
ARTICLE I………………………………………………………………………………. 1
GENERAL PROVISIONS .................................................................................. 1
Section 1. Penalty for Violation of By-Laws (Criminal Complaint)
Section 2. Non-criminal Enforcement of By-Laws Violations
Section 3. Appointment to Town Office
ARTICLE II……………………………………………………………………………… 4
TOWN MEETING ............................................................................................... 4
Section 1. Annual Town Election, Time of
Section 2. Annual Town Meeting, Time of
Section 3. Notice of Town Meeting
Section 4. Return of Service
Section 5. Warrant Articles; Copies to Finance Committee
Section 6. Notice of Adjourned Session
Section 7. Closing of Warrant
Section 8. Elective Office Prohibition
ARTICLE III……………………………………………………………………………... 5
PROVIDING THE PROCEDURE FOR ANNUAL TOWN MEETING WARRANT
AND REPORT PREPARATION/PUBLICATION AND TOWN MEETING
ADMINISTRATION……………………………………………...…………………… 5
Section 3.1 Filing of Articles
Section 3.2 Petition Articles
Section 3.3 Articles Not Requiring Petitions
Section 3.4 Preparation of Warrant
Section 3.5 Publication of the Warrant
Section 3.6 Report and Recommendations
Section 3.7 Consent Calandar
Section 3.8 Rules Governing Amendments to a Main Motion
ARTICLE IV…………………………………………………………………………….. 9
THE OPENING AND PROCEDURE OF TOWN MEETINGS FOR THE
TRANSACTION OF MUNICIPAL BUSINESS ................................................... 9
Section 1. Reading of the Warrant and Return of Service
Section 1A. Moderator
Section 2. Limitation on Admission to Voters; Exception
Section 3. Quorum
Section 4. Duties of Moderator
Section 5. Order of Business
Section 6. Reconsideration
Section 7. Reports of Committees
Section 8. Conduct of Speakers
Section 9. Conduct of Speakers, Continued
Section 10. Limitation of Speaking
Section 11. Limitation on Debate
Section 12. Voting
Section 13. Disclosure of Interest
Section 14. Emergency Measures
Section 15. Teller Voting Procedure
Section 16. Labor Contracts
Section 17. Motion to Require the use of Written Ballots
224Source page 225
REVISED General By-Laws (2022 edition)
ARTICLE V……………………………………………………………………………..15
TOWN CLERK ................................................................................................. 15
Section 1. Notice of Town Votes to Town Agencies
Section 2. Notice of Election or Appointment to Individuals
Section 3. Notice of Appropriations to Certain Town Officers
Section 4. Official Bulletin Board
Section 5. Fees to be Charged by Town Clerk
Section 6. Notice Of Town Votes to General Court
ARTICLE VI…………………………………………………………………………….17
GENERAL COMMITTEES ............................................................................... 17
Section 1. Appointment of Members
Section 2. Temporary Chair, Provision When No Report of Committee
Section 3. Conflict of Interest
Section 4. (disallowed by the Attorney-General)
Section 5. Copies of Reports to Finance Committee
Section 6. Permanent Filing of Committee Reports
Section 7. Minutes of Meetings to be filed with Town Clerk
ARTICLE VII……………………………………………………………………………19
TOWN FINANCE AND ADMINISTRATION ..................................................... 19
PART A - DEPARTMENT OF MUNICIPAL FINANCE
(A) Establishment
(B) Purpose
(C) Scope of Department Activities
(D) Director of Finance
(E) Operating Offices
(F) Transitional Provisions
PART B - FINANCE COMMITTEE
Section 1. Composition of Committee; Limitations
Section 2. Quorum
Section 3. Method of Appointment; Terms of Office; Organization; Filling of Vacancies
Section 4. Duty of Committee, In General
Section 5. Right of Access
Section 6. Poll Members
Section 7. Procedures
Section 8. Reports by Town agencies to Provide Certain Information
Section 9. Transition
ARTICLE VIII…………………………………………………………..………………27
FINANCIAL REGULATIONS………………………………………………………27
Section 1. (Disallowed by Attorney-General)
Section 1A. Sale of Town Owned Land
Section 2. Information on Tax Bills
Section 3. Salary of Tax Collector
Section 4. Unexpended Balances
Section 5. Conflict of Interest
Section 6. Solicitations for Bids
Section 7. Exception to Above
Section 8. Bond Required
Section 9. Audit of Accounts
Section 10. Procedures for Procurements
Section 11. Recreation Fund
Section 12. Pequitside Fund
225Source page 226
REVISED General By-Laws (2022 edition)
Section 13. Denial, Revocation or Suspension of Local Licenses and Permits
Section 14. Due Dates for Payments to Town, Interest on Unpaid Balances
Section 15. Fee Rate for Delinquencies Requiring Demand Notices
ARTICLE IX…………………………………………………………………………….35
TOWN REPORTS ............................................................................................ 35
Section 1. Submission of Reports
Section 2. Contents of Town Report
Section 3. Distribution of Town Reports
ARTICLE X……………………………………………………………………..….…..36
DUTIES OF TOWN OFFICERS ....................................................................... 36
Section 1. Town Counsel; Appointment, Duties
Section 2. Street Openings
Section 3. Copies of Records
Section 4. Building Renovations Committee
Section 5. Permit Advisory Committee
ARTICLE XI…………………………………………………………………………….48
JUNK DEALER AND COLLECTOR ................................................................ 48
Section 1. Select Board to License
Section 2. Non-Licenses Operation Prohibited
Section 3. Records to be Kept; Records to be Open; Name of Owner to be Displayed
Section 4. Display of License
Section 5. Restrictions on Operation: Hours, Location
Section 6. Use of True Names
Section 7. Weekly Reports to Be Submitted to Police Department
Section 8. Severability
Section 9. Penalty for Violations
ARTICLE XII……………………………………………………………………………50
PUBLIC CARRIAGES ..................................................................................... 50
Section 1. Selectmen to License
Section 2. Penalty for Unlicensed Operation
Section 3. Rules and Regulations
ARTICLE XIII…………………………………………………………………………..50
PLANNING BOARD ........................................................................................ 50
Section 1. General Powers and Duties
ARTICLE XIV…………………………………………………………………………..52
POLICE REGULATIONS ................................................................................. 52
Section 1. Digging or Other Alterations in a Public Way
Section 2. Obstructions of Public Ways and Sidewalks
Section 3. License Required for Certain Uses of Public Ways
Section 4. Guard Posts and Light Required in Public Ways
Section 5. Littering
Section 6. Effluent, Rubbish, Garbage
Section 7. Fruit Skins, etc
Section 8. Ice or Snow
Section 9. Activities Restricted
Section 10. Markings
Section 11. Littering
Section 12. Bonfires
Section 13. Discharge of Firearms, Fireworks
226Source page 227
REVISED General By-Laws (2022 edition)
Section 14. (Disallowed by the Attorney-General)
Section 15. Public Drinking
Section 16. (Disallowed by the Attorney-General)
Section 17. (Disallowed by the Attorney-General
Section 18. Markings
Section 19. Coasting
Section 20. Coasting, Continued
Section 21. Nude Bathing
Section 22. (Disallowed by the Attorney-General)
Section 23. Permission of Police Chief, Sales
Section 24. Permission of Chief, Overhanging Objects
Section 25. Permission of Chief, Music
Section 26. Permission of Chief, Parades
Section 27. Removal of Light Device
Section 28. Pole Climbing, Prohibited
Section 29. Injury to Public Property
Section 30. Fouling of Public Troughs
Section 31. Spitting; Intoxicating Liquors
Section 32. Repealed ATM 1970 (article 23)
Section 33. (Disallowed by the Attorney General)
Section 34. Peeping Toms
Section 35. Curfew
Section 36. Disturbing the Operators of Vehicles
Section 37. Permission of Police Chief, House to House Solicitation
Section 38. Regulation Regarding Swimming Pools
Section 38A. Grading of Residence Lots
Section 39. Regulation of Dogs
Section 39A. Regulation of PitBulls (Nullified by a change in state law)
Section 40. Junk Automobiles
Section 41. Water Wells
Section 42. Discharge of Firearms
Section 43. Hours of Operating Earth Moving Equipment
Section 44. Underground Storage of Flammable Fluids 51
Section 45. (No By-Law with this section number has been adopted.)
Section 46. Fire Lanes
Section 47. Certain Fire Signaling Devices Prohibited
Section 48. (Deleted)
Section 49. Numbering of Dwellings
Section 50. Regulation of, so called, Yard Sales
Section 51. Regulations for New Dwellings
Section 52. Designated Handicapped Parking
Section 53. Maintenance and Repair of Private Ways
Section 54. Laser Pointer Use Restricted.(Disallowed by the Attorney General)
Section 55. Hunting
Section 56. Secondhand Jewelry and Electronics
Section 57. Prohibition of Recreational Marijuana Establishment
ARTICLE XIV (A)…………………………………………………………………….. .79
GAS PIPING AND APPLIANCES………………………………………………… 79
ARTICLE XV………………………………………………………………………….. 80
WETLANDS PROTECTION BY-LAW ............................................................. 80
Section 1. Purpose
Section 2. Jurisdiction
Section 3. Exceptions
Section 4. Application for Permits and Requests for Determination
Section 5. Notice and Hearings
227Source page 228
REVISED General By-Laws (2022 edition)
Section 6. Coordination With Other Boards
Section 7. Permits, Determinations, and Conditions
Section 8. Regulations
Section 9. Definitions
Section 10. Security
Section 11. Enforcement
Section 12. Burden of Proof
Section 13. Relation to the Wetlands Protection Act
Section 14. Severability
ARTICLE XVI………………………………………………………………………..…87
MISCELLANEOUS .......................................................................................... 87
Section 1. Filling Vacancies in Non-Elective Positions
Section 2. Building By-Law Board of Appeals
Section 3. Soil Removal
Section 4. Trailer By-Law
Section 5. Disposition of Tax Title Property
Section 6. Council on Aging
Section 6A. Beautification Committee
Section 7. Private and Public Dumping Grounds
Section 7A. Capital Outlay and Planning Committee
Section 8. Poll Hours
Section 9. Regulating Smoking
Section 10. Fire Alarm and Fire Protection Systems: Secured Key Access
Section 11. Fees for the Sealing of Weighing and Measuring Devices
Section 12. Street Openings
Subsection 1. Introduction
Subsection 2. Definitions
Subsection 3. General
Subsection 4. Application Procedure
Subsection 5. Refundable Deposit and Account
Subsection 6. Fee and Deposit Changes; Municipal Exemption
Subsection 7. Emergency Repair Procedure
Subsection 8. Insurance
Subsection 9. Licensed Contractors
Subsection 10. Terms of the Street Opening Permit
Subsection 11. Required Construction Techniques
Subsection 12. Suspension and Revocation
Subsection 13. Remedies
Section 13. Public Works Construction
Subsection 1. Introduction
Subsection 2. Definitions
Subsection 3. General
Subsection 4. Application Procedure
Subsection 5. Insurance
Subsection 6. Suspension and Revocation
Section 14. Restrictions On Water Use
Subsection 1. Authority
Subsection 2. Purpose
Subsection 3. Definitions
Subsection 4. Restrictions on the Use of Water
Subsection 5. Notification of restraint of water use
Subsection 6. Violation of water supply regulations
Section 15. Poles and Overhead Wires and Associated Overhead Structures; Prohibited
Section 16. Consolidated Drainage By-Law
Subsection 1. Purpose
Subsection 2. Definitions
Subsection 3. Applicability
228Source page 229
REVISED General By-Laws (2022 edition)
Subsection 4. Other Applicable By-Laws
Subsection 5. Responsibility For Administration
Subsection 6. Severability
Subsection 7. Ultimate Responsibility
Subsection 8. Prohibited Activities
Subsection 9. Other Prohibited Activities
Subsection 10. New Construction
Subsection 11. Suspension of MS4 Access
Subsection 12. Industrial or Construction Activity Discharges
Subsection 13. Monitoring of Discharges
Subsection 14. Requirement to Prevent, Control and Reduce Storm Water Pollutants
Subsection 15. Watercourse Protection
Subsection 16. Notification of Spills
Subsection 17. Special Provisions
Subsection 18. Enforcement
Subsection 19. Penalties
Subsection 20. Transitional Provisions
Section 17. Mapping Commission
Section 18. Title 5 Restrictions
Section 19. Community Preservation Committee
Section 20. Temporary Fire Watch Patrols
Section 21. Scenic Road By-Law
Section 22. Excavation and Trench Safety
Section 23. Right-Of-Way
Subsection I. Preamble
Subsection II. Introduction
Subsection III. Definitions
Subsection IV. Necessity Of A Permit
Subsection V. Requirements of Application
Subsection VI. Application Procedure
Subsection VII. Terms Of The Right-Of-Way Permit
Subsection VIII. Rental Payments
Subsection IX. Appeals
Subsection X. Severability
Subsection XI. Exemption For Licensed Cable Operators
Section 24. Town of Canton Substance Abuse Committee
Section 25. Plastic Bag Reduction By-Law
ARTICLE XVII……………………………………………………………………..… 171
SECTION 1: HAZARDOUS MATERIALS ..................................................... 171
Subsection 1: Authority
Subsection 2: Purpose
Subsection 3: Definitions
Subsection 4: Severability
Subsection 5: Hazardous Materials Not Subject to Regulation By This By-Law
Subsection 6: Registration Requirements
Subsection 7. Hazardous Materials Generally
Subsection 8. Above Ground Storage of Hazardous Materials
Subsection 9. Underground Storage
Subsection 10. Effective Date
Subsection 11. Reporting Requirements
Subsection 12. Protection of Public Water Supplies
Subsection 13. Permits Required
Subsection 14. Variances
Subsection 15. Enforcement
Subsection 16. Penalty
Subsection 17. Fees
229Source page 230
REVISED General By-Laws (2022 edition)
ARTICLE XVIII………………………………………………………………………. 178
FIRE ALARM SYSTEMS ............................................................................... 178
Section 1. Fire Alarm Systems
Section 2. Definitions
Section 3. Connection of Fire Alarm Systems to the CFD by Way of a Master Box
Section 4. Connection of Central Station Operating Companies to the CFD
Section 5. Updating Information
Section 6. Fire Alarm System Malfunctions: Fines
Section 7. Appeal Procedure
Section 8. Regulations and Enforcement
Section 9. Deposit in the General Fund
Section 10. Severability
Section 11. Municipal Fire Alarm Master Box Disconnects
Section 12. Fire Alarm Company and Technicians Certification Fee
ARTICLE XIX……………………………………………………………...…….. …..184
PROTECTION AND PRESERVATION OF HISTORIC BUILDINGS….…..... 184
Section 1. Intent and Purpose
Section 2. Definitions
Section 3. Regulated Buildings and Structures
Section 4. Procedure
Section 5. Emergency Demolition
Section 6. Non-Compliance
Section 7. Administration
Section 8. Severability
ARTICLE XX………………………………………………………………………….189
SOIL EROSION AND SEDIMENT CONTROL (section deleted)...…………189
ARTICLE XXI...……………………………………………………………………....190
STORM WATER MANAGEMENT ………………………………………………190
Section 1. Purpose and Objective
Section 2. Applicability
Section 3. Authority
Section 4. Administration
Section 5. Procedures
Section 6. Enforcement
Section 7. Coordination with other Town departments
Section 8. Definitions
Section 9. Severability
ARTICLE XXII..……………………………………………………………………....200
REGULATION AND MAINTENANCE OF VACANT AND
FORECLOSING PROPERTIES……………………………………………….…200
Section 1. Introduction
230Source page 231
REVISED General By-Laws (2022 edition)
Section 2. Purpose
Section 3. Definitions
Section 4. Registration Of Vacant and/or Foreclosing Property
Section 5. Initial Registration Fee; Annual Registration Fee; Failure To Pay
Section 6. Security, Maintenance And Inspections of Distressed Property
Section 7. Posting
Section 8. Enforcement And Penalties
Section 9. Request For Waiver Or Stay From Payment Of Fees
Section 10. Notice
Section 11. Applicability And Other Violations
Section 12. Severability
ARTICLE XXIII...…………………………………………………...........................208
STRETCH ENERGY CODE……. ……………………………………………….208
Section 1. Definitions
Section 2. Purpose
Section 3. Applicability
Section 4. Stretch Code
Section 5. Enforcement
ARTICLE XXIV……………………………………………………………………….210
SIDEWALK BETTERMENT ASSESSMENTS…………………………………210
Section 1. Initial Steps
Section 2. Determination of Priorities
Section 3. Determination of Funding
Section 4. Sidewalk Design
Section 5. Additional requirements
ARTICLE XXV……………………………………………………………………….213
SMALL CELL WIRELESS COMMUNICATION SYSTEMS………………….213
Section 1. Purpose
Section 2. Application Process
Section 3. Content of Applications
Section 4. Design Guidelines
Section 5. Placement
Section 6. Annual Re-Certification and Affidavit
Section 7. Miscellaneous Regulations
ACCEPTANCE OF STATUTES……………………………………………………...……………..232
SPECIAL ACTS……………………………………………………………………………………….237
231Source page 232
REVISED General By-Laws (2022 edition)
CANTON ACCEPTANCE OF STATUTES
DATE ARTICLE # VOTED
5/22/21 32 Chapter 44, Section 55C establish a Municipal Affordable Housing Trust
Fund
5/22/21 12 Re-adopt and accept Chapter 32B Section 20 establishing an Other
Post-Employment Benefits Liability Trust Fund
5/8/17 58 Chapter 43D, Sections 1 through 16 Priority development site: Map 68,
Parcels 2 and 3 (Reebok property)
5/8/17 19 Chapter 59, Section 5K increasing to $1,500 the maximum amount that
may be deducted from property tax bills of elderly persons
5/8/17 13 Chapter 90, Sections 17C and 18B establish a speed limit of 25 miles
per hour on a town roadway as a designated safety zone
5/8/17 13 Chapter 59, Section 5, Clause 22G extend veteran tax exemptions to
spouses of veterans
5/11/16 26 Chapter 39, Section 23D permit local board members, whether elected or
appointed, to miss a single session of a hearing
5/13/15 36 Chapter 43D, Sections 1 through 16 Priority development site: 10
Campanelli Circle.
5/12/14 28 Chapter 59, Section 5N veteran tax abatement program ($1,000 annual
limit)
5/13/13 35 Chapter 40, Section 13D reserve fund for future payment of accrued
liabilities for compensated absences due employee of town upon
termination of employment
5/13/13 34 Chapter 43D, Sections 1 through 16 Priority development site: 465
Turnpike Street
5/13/13 27 Chapter 44B, Section 3(e) exemption (4) exempting $100,000 of
commercial property (Community Preservation Act)
4/30/12 44 Chapter 64L Section 2(a) meals excise tax
5/2/12 40 Chapter 43D Sections 1 through 16 Priority development site: 500
Turnpike Street
5/2/12 38 Chapter 32B Section 20 establish an Other Post Employment Benefits
Liability Trust Fund
4/27/11 39 Sections 3 to 7 inclusive of Chapter 44B Massachusetts Community
Preservation Act
4/25/11 38 Chapter 43D priority developments sites, 10 Dan Rd and 20 Dan Rd
4/25/11 33 Section 65 of Chapter 188 of the Acts of 2010 procedure for disposing
of abandoned funds
4/25/11 29 Chapter 138, Section 33B sale of alcohol on Sundays between 10am and
12 noon
4/26/10 35 Chapter 40U as inserted by Chapter 26 of the Acts of 2010 collection
of unpaid municipal fines
4/26/10 29 Chapter 43D priority development sites, 10 Pequot Way and 40 Pequot
Way
4/26/10 19 Chapter 59, Section 5, Clause 54 to establish a value of $10,000 as the
minimum value of personal property to be subject to taxation
4/26/10 18 Chapter 64G, Section 3A room occupancy excise
4/29/09 41 Chapter 73, Section 4 real estate tax exemptions
4/27/09 40 Chapter 43D priority development sites, 777 Dedham Street and 480
Neponset Street
4/29/09 37 Chapter 183A, Section 20 ratify purchase of North Street condominium
purchase
4/29/09 34 Chapter 39, Section 23D permit local board members to miss session of
hearing (with the exception of the Conservation Commission)
4/28/08 37 Chapter 110 of the Acts of 2007 to pay costs of funeral and burial
expenses for firefighters and police officers killed in performance of duty
232Source page 233
REVISED General By-Laws (2022 edition)
DATE ARTICLE # VOTED
5/2/07 14 Chapter 71, Section 71F to establish a school department revolving
accountant
5/2/07 13 Chapter 71, Section 71E to establish a school building rental revenue
revolving account
5/2/07 27 Chapter 59, Section 5, Clause 54 to establish a value of $5,000 as the
minimum value of personal property to be subject to taxation
4/30/07 18 Chapter 32B, Section 18 mandatory transfer of retirees to Medicare
4/30/07 21 Chapter 43D, Sections 1 through 16 expedited permitting
4/26/06 38 Chapter 31, Section 58A providing that applicants for appointment to the
police and fire departments be under the age of thirty-two years
10/24/05 20 Chapter 59, Section 5, Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A
and 41C to authorize additional real estate property tax exemptions
5/5/04 32 Chapter 64G to establish a local hotel occupancy tax rate
29 Chapter 59, Section 2A(a) Assessors determining fair cash valuation of
real property
4/26/04 14 Chapter 40, Section 8A REVOKED
17 Chapter 148, Section 26I multiple dwelling units; new construction;
automatic sprinkler systems
16 Chapter 148, Section 26H lodging or boarding houses; automatic
sprinkler systems
15 Chapter 148, Section 26G nonresidential buildings or additions;
automatic suppressant or sprinkler systems
45 Chapter 31, Section 58A REVOKED
4/30/03 37 Chapter 44, Section 53E
16 Chapter 59, Section 5K (as amended by Section 52 of Chapter 184 of the
Acts of 2002) increasing to $750 the maximum amount that may be
deducted from property tax bills of elderly persons
4/28/03 18 Chapter 59, Section 5, Clause 41K (as inserted by Section 51 of Chapter
184, Acts of 2002) making certain adjustments to the law governing the
abatement of property taxes of certain elderly persons
1/27/03 5 Chapter 32, Section 103, Paragraph (h) which will equalize the cost of
living adjustment made to retired employees who are receiving a
contributory or non-contributory pension
5/7/01 36 Chapter 59, Section 5, Clause 54 to establish a value of $3,000 as the
minimum value of personal property to the subject to taxation
5/7/01 37 Chapter 31, Section 58A providing that applicants for appointment to the
police and fire departments be under the age of thirty-two years
REVOKED at 4/26/04 ATM under Article 45
5/7/01 39 Chapter 143, Section 3Z authorizing an Assistant Building Inspector to
perform work of their trade in the Town of Canton provided that any work
so performed is examined by another Building Inspector
5/3/00 40 Chapter 59, Section 5K of the General Laws (as inserted by Section 49
of Chapter 127, Acts of 1999) authorizing the establishment of a program
to allow persons over the age of sixty years to volunteer to provide
services to the Town.
4/28/99 36 Chapter seventy-three of the acts of 1986, as amended by chapter one
hundred and twenty-six of the acts of 1988, granting an additional real
estate tax exemption to taxpayers under Section 5 of Chapter 59 of the
General Laws.
4/29/98 15 Chapter 59, Section 57C authorizing property tax bills to be made
payable in four installments.
4/29/98 37 Chapter 32B, Section 18 re. Medicare health benefits supplement plan
offered by the Town.
5/13/96 17 Last paragraph of Section 12 of Chapter 138 re. sale of liqueurs and
cordials by common victuallers holding a license to sell wines and malt
beverages.
233Source page 234
REVISED General By-Laws (2022 edition)
DATE ARTICLE # VOTED
5/15/95 23 Section 57C of Chapter 59 authorizing the issuance of property tax bills
quarterly to take effect July 1, 1996.
1/19/94 10 Section 8J of Chapter 40 (MGL) to establishing a commission on
disability.
1/19/94 11 Section 13C of Chapter 40 (MGL) establishing claim reserves to pay
workers compensation claims until such claims are fully paid.
5/12/93 38 MGL Chapter 32, Section 22D, re. Norfolk County Retirement System.
5/12/93 39 Section 48 of chapter 133 of the acts of 1992 as amended by section 1
of chapter 399 of the acts of 1992re. early retirement incentive program.
4/29/92 8 Penultimate paragraph of MGL Chapter 41, Section 81U.
12 Chapter 83 Section 16G re. deferral of sewer charges.
11 Chapter 40, Section 42J re. deferral of water charges.
9 Chapter 60, Section 2 re. abate certain unpaid property tax bills.
5/4/92 10 Chapter 40, Section 22F re. reasonable charges for any services
rendered or work performed.
25 Chapter 40, Section 3.
15 Chapter 40, Section 58 re. unpaid water and sewer charges
5/9/88 58 Chapter 41, Section 100G ¼ re. payment of funeral and burial expenses
of Police Officers and Firefighters whose death was incurred in the line of
duty.
10/24/88 29 Chapter 71, Section 40 re. paying all teachers in the Canton Public
Schools,.
4/27/87 5 Chapter 40, Section 39K re. “Enterprise Fund” for the skating rink and re.
“Enterprise Fund” for Pequitside Farm (so called).
8 Chapter 59, Section 5 a new Clause 41c.
9 Chapter 59, Section 5 a new clause 17D.
3/10/86 41 Chapter 360, Acts of 1985, rights of certain firefighters and police officers
who were laid off in the years n.
3/12/86 75 Chapter 148, Section 26E, installation of approved smoke detectors.
4/14/86 49 Chapter 140, Section 147A (as amended by Chapter 308 of the Acts of
1985), re. dog licenses fees or fines.
6/4/84 24 C. 59, s5, cl. 37A re. taxation of property owned by a blind person.
6/4/84 25 C. 59 s5, cl 41B re. basis for exemption from taxation of property of a
person over the age of 70 years.
5/30/84 5 Chapter 60A, Section 1, as most recently amended by C.597, Acts of
1982, re. exemption to the motor vehicle excise tax to certain prisoners of
war.
8/8/83 1 Chapter 32B, Sections 7A and 9E re. annual premium cost of group
insurance.
10/25/82 6 Chapter 41, Section 69B re. all expenditures for Salaries, Expenses and
Capital Improvements be subject to Town Meeting Approval.
6/10/82 33 Chapter 59, Section 5, Clause 17(c) re. increasing certain real estate tax
exemptions.
34 Chapter 138, Section 12B re. regulating nude entertainment on premises
licensed to sell alcoholic beverages.
6/1/81 33 Chapter 40, Section 81 re. establishing an Energy Resource
Commission.
6/1/81 34 Chapter 40, Section 8E re. establishing a Youth Commission.
11/9/81 11 Chapter 90 specifically Sections 20A, 20C, 20D, 20E or Section 20A ½
re. local administration and enforcement of parking regulations.
3/10/80 42 Chapter 148, Section 26C, re. automatic smoke or heat detectors in
certain places of public accommodation.
47 Chapter 40, Section 8G re. mutual aid agreements with other Police
Departments
234Source page 235
REVISED General By-Laws (2022 edition)
DATE ARTICLE # VOTED
7/21/75 2 Chapter 41, Section 97 re. establishment and membership of a Police
Department
3/12/73 13 Chapter 350, Acts of 1972, entitled “An Act authorizing the Town of
Canton to pay a sum to Mildred Morse Allen.”
3/13/72 76 Chapter 310 of the Acts of 1971 entitled: “An Act providing for the
payment of the funeral and burial expenses of Firefighters and Police
Officers killed in the performance of duty.”
3/8/71 20 Chapter 576, Acts of 1970, entitled: “An Act authorizing the Town of
Canton to pay a sum of money to Nicholas J. Marathas for certain medical
bills incurred by Mr. Marathas as a result of injuries received in the line of
duty as a Firefighter in said Town.”
3/30/70 40 Chapter 41, Section 100B re: hospital, medical and surgical expenses
incurred with the Commonwealth by a retired police officer or firefighter.
3/2/70 20 Chapter 148, Section 56 re. maintaining an open-air parking space
without a license.
3/13/67 13 Chapter 33, Section 59, re. no loss of pay or vacation to employees in
Armed Forces.
10/9/67 13 Chapter 401 of the Acts of 1966 re. workmen’s compensation employee
definitions.
3/9/64 12 Chapter 478 of the Acts of 1963 entitled: “An act increasing the amounts
of pensions and retirement allowances payable to certain former public
employees.”
3/23/64 42 Chapter 40, Section 8D as inserted by Section 4 of Chapter 697 of the
Acts of 1963, establishing an Historical Commission.
45 Chapter 41, Section 108G as inserted by Chapter 19 of the Acts of
1963m, entitled: “An Act Establishing An Alternate Schedule of Minimum
Annual Compensation for Police Officers in Certain Cities and Towns.”
3/25/63 46 Chapter 40, Section 8C, as amended by Chapter 258 of the Acts of 1961,
establishing a Conservation Commission.
3/6/61 29 Chapter 48, Section 42, 43 and 44 of the General laws, establishing a
fire department under the control of an officer to be known as the chief of
the fire department.
3/14/60 24 Chapter 493 of the Acts of 1959 entitled: “An Act Increasing the
Amounts of Pensions and Retirement Allowances Payable to Certain
Former Public Employees.”
25 Chapter 228 of the Acts of the General Court of Massachusetts 1969
entitled: “An act establishing a minimum annual compensation for police
officers in certain cities and towns.”
3/2/59 Question 1 Chapter 41, Section 19B of the General Laws providing permanent
Election tenure for Maurice E. Ronayne, Jr., the present incumbent in the office of
Town Clerk.
Question 2 Chapter 32B of the General Laws, re. life and health insurance for town
employees.
3/10/58 19 Section 17B of Chapter 180, being Chapter 489 of the Acts of 1956,
entitled “An Act Authorizing Pay-Roll Deductions on Account of
Contributions to Community Chests or United Funds in the case of certain
Town Employees.”
3/12/56 25 Chapter 670 of the Acts of 1955 entitled: “An Act Relative to Increasing
the Amounts of Pensions, Retirement Allowances and Annuities Payable
to Certain Former Public Employees.”
31 Chapter 166 Section 32 as amended providing for the appointment of an
inspector of wires.
3/8/54 39 Chapter 41, Section 111G, re. vacation time.
235Source page 236
REVISED General By-Laws (2022 edition)
DATE ARTICLE # VOTED
12/13/54 9 Chapter 297 of the Acts of 1954 (Chapter 40, Section 8A, General
Laws) entitled: “An Act Authorizing Cities and Towns to establish
commissions to promote business and industry, and to appropriate money
therefore,” and Chapter 511 of the Acts of 1954 entitled: “An Act to
authorize Towns to establish interim commissions to promote business
and industry and to appropriate money therefore.”
Chapter 40, Section 8A REVOKED at April 26, 2004 ATM Article 14
3/9/53 19 Chapter 781 of the Acts of 1951 entitled “An Act Relative to increasing
the amounts of Pensions and Retirement Allowances Payable to Certain
Former Public Employees” and Chapter 624 of the Acts of 1952 entitled :
“An Act Relative to increasing the amounts of Pensions, Retirement
Allowances and Annuities Payable to Certain Former Public Employees.”
52 Chapter 147, Section 16C of the General Laws re. five day week for
members of the police department in the town of Canton.
53 Chapter 149, Section 33B of the General Laws providing for a five day
week of forty hours for employees of the Town of Canton.
3/12/51 12 Chapter 820 of the Acts of 1950 entitled “An Act providing for an
increase in the annual amounts of certain pensions, retirement
allowances, annuities and other benefits payable by the Commonwealth
and its political subdivisions to certain former employees and persons
claiming under them.”
11/22/49 8 Chapter 85, Section 11A regarding the registration of bicycles.
3/10/47 45 Chapter 40, Section 30A of the General Laws (Ter. Ed.) re.
Reconsideration of appeal or petition for variance from terms of ordinance
or By-law after unfavorable action.
46 Chapter 40, Section 27A re. Reconsideration of proposed change in
ordinance or by-law after unfavorable action.
48 Chapter 40 Section 12 of the General Laws (Ter. Ed.), re. purchase or
lease land for a bathing beach.
58 Chapter 207 of the Acts of 1946 entitled: “An Act Relative to the
Licensed Operation on the Lord’s Day of Bowling Alleys.”
3/11/46 11 Chapter 723 of the Acts of 1945: an Act authorizing the establishment
and maintenance of Municipal Departments and of Districts for furnishing
information, advice and assistance to Veterans of World War II or other
Veterans
3/13/44 31 Chapter 139, Sections 1, 2 and 3 regarding the disposition, alteration or
regulation of burnt or dangerous buildings.
3/4/40 26 Chapter 147, Section 16B re. Police officer shall be excused from duty
for one day out of every six without loss of pay.
33 Chapter 54 as amended by Chapter 77 of the Acts of 1937, regarding
absentee voting at regular town elections.
CANTON ACCEPTANCE OF STATUTES
236Source page 237
REVISED General By-Laws (2022 edition)
SPECIAL ACTS
Chapter 95, Acts of 1885, An Act to Supply the Town of Canton with Water
Chapter 186, Acts of 1899, An Act to Change the Boundary Line Between the
Towns of Canton and Sharon
Chapter 435, Acts of 1899, An Act to Authorize the Town of Canton to Supply
Knollwood Cemetery with Water
Chapter 124, Acts of 1906, An Act to Authorize the Town of Canton to Furnish
Water in Certain Sections of the Towns of Sharon and Stoughton
Chapter 272, Acts of 1908, An Act to Authorize the Conveyance of the Wheeler
Estate in the Town of Canton
Chapter 162, Acts of 1913, An Act to Authorize the Town of Milton to Supply
Water to a Part of the Town of Canton
Chapter 185, Acts of 1914, An Act to Authorize the Town of Canton to Supply
Knollwood Cemetery with Water
Chapter 21, Acts of 1919, An Act to Authorize the Town of Canton to Refund
Certain Indebtedness
Chapter 384, Acts of 1920, An Act to Authorize the Trustees of the
Massachusetts Hospital School to Acquire Additional Land in the Town of Canton
Chapter 453, Acts of 1920, An Act Relative to the Division into Day and Night
Forces of Permanent Members of the Fire Department of the Town of Canton
Chapter 301, Acts of 1928, An Act Enlarging the District to Which Certain Laws
Relative to the Emission of Smoke Shall Apply, and Providing for Further
Investigation Relative to the Emission of Smoke in Such District
Chapter 351, Acts of 1930, An Act authorizing cities and towns to appropriate
money for the purchase of uniforms for members of their police and fire
departments
Chapter 13, Acts of 1931, Resolve Providing the Reimbursement of the Town of
Canton for Money Expended in the Care and Treatment of Certain Tubercular
Patients
Chapter 333, Acts of 1933, An Act Providing for the Disposal of the Sewage from
the Massachusetts Hospital School Through the Sewerage System of the Town
of Canton
237Source page 238
REVISED General By-Laws (2022 edition)
Chapter 103, Acts of 1935, An Act Relative to the Construction of Particular
Sewers and Connecting Drains in the Town of Canton
Chapter 175, Acts of 1937, An Act Authorizing the Trustees of the Massachusetts
Hospital School to Convey Certain Land in the Town of Canton
Chapter 13, Acts of 1941, An Act Establishing a Town Manager Form of
Government for the Town of Canton
Chapter 5, Acts of 1946, An Act Authorizing the Town of Canton to Borrow
Money for the Purpose of Constructing, Equipping and Furnishing a School
Building
Chapter 276, Acts of 1948, An Act Authorizing the Town of Canton to Establish a
Board of Public Works Exercising the Powers of Certain Other Boards,
Departments and Town Officers and Authorizing the Selectmen to Act as said
Board
Chapter 379, Acts of 1948, An Act Authorizing the Election of Selectmen for
Three Year Terms in the Town of Canton
Chapter 147, Acts of 1949, An Act Authorizing the Town of Sharon to Furnish
and Sell Water to the Town of Canton and to Purchase Water From the Town of
Foxborough and Authorizing the Town of Foxborough to Purchase Water From
the Town of Sharon
Chapter 204, Acts of 1949, An Act Authorizing the Town of Canton to Borrow
Money for the Purpose of Constructing, Equipping and Furnishing a School
Building
Chapter 178, Acts of 1949, An Act Validating the Zoning By-Laws of the Town of
Canton
Chapter 241, Acts of 1950, An Act Authorizing the Town of Canton to Pension
Edward F. Healy, a Former Selectmen, Sewer Commissioner and
Superintendent of Sewers in said Town
Chapter 141, Acts of 1951, An Act Authorizing the Town of Canton to Reimburse
Frank Losordo & Son, Inc. for Money Expended in Conncection with the
Construction of Water Works in said Town
Chapter 14, Acts of 1953, An Act Providing for Nonpartisan Town Elections in the
Town of Canton
Chapter 54, Acts of 1956, An Act Providing for Nonpartisan Town Elections in the
Town of Canton
238Source page 239
REVISED General By-Laws (2022 edition)
Chapter 446, Acts of 1962, An Act Placing the Office of Building Inspector of the
Town of Canton Under the Civil Service Laws and Rules
Chapter 21, Acts of 1965, An Act Repealing the Law Placing the Office of
Building Inspector of the Town of Canton Under the Civil Service Laws and Rules
Chapter 449, Acts of 1966, An Act Validating Certain Proceedings Taken by the
Town of Canton Relative to the Payment of a Sum of Money to Donald P.
McNeice
Chapter 390, Acts of 1967, An Act Providing for Nonpartisan Town Election in the
Town of Canton
Chapter 379, Acts of 1970, An Act Authorizing the Appropriation of Certain Funds
of the Town of Canton Previously Raised by Bond Issue
Chapter 576, Acts of 1970, An Act Authorizing the Town of Canton to Pay a Sum
of Money to Nicholas J. Marathas for Certain Medical Bills Incurred by Mr.
Marathas as a Result of Injuries Received in the Line of Duty as a Firefighter is
said Town
Chapter 144, Acts of 1971, An Act Authorizing the Town of Canton to Borrow
Money to Acquire Certain Land and Buildings for Conservation and Recreation
Purposes
Chapter 350, Acts of 1972, An Act Authorizing the Town of Canton to Pay a Sum
of Money to Mildred Morse Allen
Chapter 559, Acts of 1973, An Act Providing for the Granting of Certain
Easements by the Metropolitan District Commission to the Town of Canton
Chapter 583, Acts of 1975, An Act authorizing the Conveyance of the Property of
the First Univeralist Church and Others in the Town of Canton
Chapter 225, Acts of 1981, An Act relative to the Funding of Salaries Payable to
Teachers and Other Professional Employees of the School Department in the
Town of Canton
Chapter 512, Acts of 1981, An Act authorizing and directing the Department of
Public Health to Convey a Certain Parcel of Land in the Town of Canton to the
Canton Housing Authority
Chapter 77, Acts of 1982, An Act providing that the Placement of the Names of
Candidates for Public Office on the Official Ballot used in Municipal Elections in
the Town of Canton shall be drawn by lot
Chapter 78, Acts of 1982, An Act providing for the Recall of Elected Officials of
the Town of Canton
239Source page 240
REVISED General By-Laws (2022 edition)
Chapter 186, Acts of 1984, An Act authorizing the Town of Canton to Convey
Certain Land in said Town to Stephen and Alice Braconi in Exchange for Certain
Other Land in Said Town
Chapter 185, Acts of 1985, An Act authorizing the Division of Capital Planning
and Operations to grant easements to Audrey C. Fields and Barbara F. Walker,
Trustee
Chapter 373, Acts of 1986, An Act further regulating the sale of alcoholic
beverages in certain towns
Chapter 186, Acts of 1993, An Act authorizing the Town of Canton to pay a
certain unpaid bill
Chapter 361, Acts of 1998, An Act authorizing the Town of Canton to issue an
additional license for the sale of all alcoholic beverages to be drunk on the
premises
Chapter 88, Acts of 2000, An Act rescinding the acceptance by the Town of
Canton of a certain general law
Chapter 177, Acts of 2002, An Act authorizing the Town of Canton to grant an
easement to the Town of Stoughton
Chapter 208, Acts of 2002, An Act authorizing the Town of Canton to appoint
certain police officers
Chapter 331, Acts of 2002, An Act increasing the membership of the Board of
Selectmen of the Town of Canton
Chapter 394, Acts of 2004, An Act relative to the appointment of Retired Police
Officers in the Town of Canton
Chapter 391, Acts of 2006, An Act providing for recall elections in the Town of
Canton
Chapter 92, Acts of 2006, regarding Easements to Pequit Development Partners
LLC from town conservation land
Chapter 496, Acts of 2008, An Act authorizing the appointment of alternate
members of the Town of Canton Historical Commission
Chapter 213, Acts of 2011, An Act exempting the position of Deputy Fire Chief in
the Town of Canton from the civil service laws
Chapter 215, Acts of 2012, An Act relative to certain conservation restrictions in
the Town of Canton
240