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.
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.
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.
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.
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.
Inspections shall be required at the following stages of construction:
After clearing, grubbing, stump removal, excavation to subgrade and excavation of ditches for utilities.
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.
After surface gravel is in and compacted, the inspector shall also reinspect pipe runs from catch basins as above.
After bituminous concrete is installed.
Before acceptance by the Town of Westminster at an Annual Town Meeting or at a Special Town Meeting.
At other specific times deemed necessary by the Board or engineer.
The applicant shall give 72 hours' notice to the Planning Board whenever an inspection is indicated.
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.
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.
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:
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.
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 Board of Selectmen 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:
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.
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.
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.