Strict compliance with the requirements of these rules and regulations may be waived when in the judgment of the Board such action is in the public interest and not inconsistent with the Subdivision Control Law. Any such waiver must be made in writing by the Board as a part of its approval or amendment thereof, otherwise all requirements contained herein are deemed applicable.
For matters not covered by these rules and regulations reference is made to MGL c. 41, §§ 81-K to 81-GG, inclusive, as amended.
A. 
No building shall be erected on any lot within a subdivision without written permission for each lot from the Board by Form G Release Form.[1] This permission is in addition to any other permits required for building, such as a permit from the Building Inspector required by other town bylaws.
[1]
Editor's Note: Form G is included at the end of these regulations.
B. 
The Building Inspector shall not issue any permit for the erection of a building until he is first satisfied that the lot on which the building is to be erected is not within a subdivision or that a way furnishing the access to such lot as required by the Subdivision Control Law is shown on a plan recorded or entitled to be recorded under MGL c. 41, § 81-X, as amended, and that any condition endorsed thereon limiting the right to erect or maintain buildings on such lot have been satisfied or waived by the Board, and in the event that more than one building for dwelling purposes be erected or placed or converted to use as such on any lot, that the Building Inspector is satisfied that consent has been obtained from the Board in accord with § 300-8 of these rules and regulations, MGL c. 41, § 81-Y, and amendments thereto.
C. 
No structure shall be occupied until at least the base course of bituminous concrete as specified in Article V has been applied to streets which serve the structure.
A. 
Inspections shall be arranged by the developer with the Board or its agent at specified stages of the construction of streets and installation of utilities.
B. 
The developer shall be responsible for notifying the Board or its agent at least 72 hours in advance of each stage of work.
C. 
The Board will establish the order of the required inspections and will require satisfactory completion of each individual step before the developer proceeds to the next. In order to verify conformance with specifications, the Board or its agent may require tests to be done by an independent testing lab at the applicant's expense as a condition for approval. Before approval of the definitive plan, the Board will prepare an estimated fee for construction inspection services and will hire an independent inspector at the applicant's expense for inspection of predetermined phases of roadway construction, inspection testing, paving and final inspection as deemed appropriate by the Board. This itemized budget estimate will be established and paid in advance by the applicant to a Planning Board escrow account. Failure to establish this escrow account will constitute grounds for denial of the definitive plan or rescission of an approved plan. At a minimum, inspections will take place after or during, as applicable, each of the following:
Inspection #1
Clearing and grubbing operations
Inspection #2
Earthwork operations, fire ponds and detention ponds
Inspection #3
Storm drainage systems, fire tanks and public utilities
Inspection #4
Retaining wall construction
Inspection #5
Roadway subgrade operations
Inspection #6
Subbase courses
Inspection #7
Base course
Inspection #8
Stone seal (may be required)
Inspection #9
Surface course
Inspection #10
Final inspection
D. 
At the time of laying the base or top course of bituminous concrete, the developer shall, with at least 72 hours advance notice to the Board, arrange for continuous inspection of the pavement laying by an inspector acceptable to the Board and shall be responsible for all expenses of such inspection.
E. 
It shall be the responsibility of the developer to see that all the proper forms and certifications are properly filled out and properly signed and returned to the Board subsequent to each inspection.
F. 
Failure by the applicant or his contractors to comply with the inspection procedure may necessitate removal of improvements at the expense of the applicant or rescission of the approval of the plan in accord with MGL c. 41, § 81-W.
If, in any respect, any provision of these rules and regulations, in whole or in part, shall prove to be invalid for any reason, such invalidity shall only affect the part of such provision which shall be invalid, and in all other respects these rules and regulations shall stand as if such invalid provision had not been made, and they shall fail to the extent, and only to the extent, of such invalid provision, and no other provision of these rules and regulations shall be invalidated, impaired or affected thereby.
These regulations become effective after approval by the Board (December 18, 1996), certification by the Town Clerk and filing with the Registry of Deeds on December 23, 1996.