A.
Strict compliance with the requirements of these rules
and regulations may be waived when, in the judgment of the Planning
Board such action is in the public interest and not inconsistent with
the Subdivision Control Law.
B.
For matters not covered by these rules and regulations,
reference is made to §§ 81-K to 81-GG, inclusive, of
Chapter 41 of the General Laws of the Commonwealth of Massachusetts.
To assist the Board in its review of the plan
and at its discretion to serve as its agent during the course of construction,
the Board may hire, at the developer's expense, an engineer or other
professional to act as consultant to the Board.
A.
An engineer, reporting to and designated by the Planning
Board, but paid by the applicant, shall be required. The engineer
shall not authorize any changes from these regulations or from the
approved definitive plan for the subdivision without specific approval
of the Planning Board.
B.
As each construction phase listed below is completed,
the applicant shall notify the Planning Board and the Planning Board's
engineer, and no succeeding operation shall commence until the work
has been inspected by the Board or its authorized agent.
C.
The applicant shall furnish all data relative to baselines
and grade stakes on the ground, stake sheets, ties and other information
which is needed, in the opinion of the Board, to accomplish such checking
as is required for the requested approval and certification. Charges
for such inspections shall be paid for by the applicant as outlined
above.
D.
Inspections shall be required at the following stages
of construction:
(1)
After clearing, grubbing, stump removal, excavation
to subgrade and excavation of ditches for utilities.
(2)
After drainage system (pipe, manholes, catch basins
and other drainage structures) is installed, but before it is covered.
Inspector shall sight drainage pipe runs to adjacent basins. Any defective
runs shall he corrected before approval is given.
(3)
After surface gravel is in and compacted, the inspector
shall also reinspect pipe runs from catch basins as above.
(4)
After bituminous concrete is installed.
(5)
Before acceptance by the Town of Westminster at an
Annual Town Meeting or at a Special Town Meeting.
(6)
At other specific times deemed necessary by the Board
or engineer.
E.
The applicant shall give 72 hours' notice to the Planning
Board whenever an inspection is indicated.
F.
The applicant is responsible for requesting inspections
at the proper stage in the process of installation of improvements.
No work will be accepted that has been covered before inspection.
A.
Engineering costs incurred by the Planning Board during
the consideration of the preliminary plan and or the definitive plan,
and during the preparation and recording of an approved definitive
plan will be billed to the applicant, at cost, by the Town of Westminster.
B.
Engineering costs will be billed by the Town to the
applicant to cover the actual costs to the Town for the engineering
services performed in connection with the subdivision being considered.
Normal services will include the following:
C.
Other services beyond those outlined above and performed
on behalf of the applicant by the engineers of the Planning Board
will be billed to the applicant by the Town at cost. These extra services
will not be performed unless specifically agreed upon by the Planning
Board and the applicant.
[Amended 11-16-2021 STM by Art. 4]
A.
When a road or way in a subdivision has been constructed
in a manner fulfilling the requirements of the Planning Board and
these regulations, and the binder course has been exposed to a full
year of weathering, before the application of the final course, and
the final course has also been exposed to a full year of weathering,
the applicant may request the Board to inspect the road in order to
make a recommendation to the Select Board and Town Meeting on the
question of accepting said way or road. Subdivision road acceptances
are the financial and legal responsibility of the applicant. All road
acceptance requests shall follow the Town of Westminster's Road Acceptance
Policy and Procedures. The following information will be required
before the Board makes a recommendation on road acceptance:
(1)
A Mylar plus two copies of the plan of the road as-built,
at a scale of one inch equals 40 feet. The center-line profile shall
be shown at 4 feet per inch on the vertical scale and 40 feet per
inch on the horizontal scale taken at fifty-foot intervals along the
road or way as it has been completed. The plan shall show the monuments
with the dates they were set and the traverse and fixed points on
the subdivision perimeter used to establish the bound locations, all
with bearings, distances, or coordinate values sufficient to reestablish
these points.
(2)
All utilities, including water lines, gas lines, cable
lines, drainage systems, electric poles and lines, and telephone poles
and lines, shall be shown on the plan as they exist.
(3)
Two typewritten copies and one electronic copy of
the proposed article for the Town Meeting covering the road or way
which is to be considered for acceptance by the Town.
The roadway area within the frontage of a lot
shall have all utilities, including fire protection, and the bituminous
concrete base installed and approved by the appropriate agency before
said lot can be released or built upon.
Appeals may be taken from the determination
of the Board to Superior Court in accordance with MGL c. 41, § 81BB.
