A.
Inspecting agent. At least one week prior to commencement
of street construction, the developer shall notify the Department
of Public Works in writing of the intended commencement. The Department
shall, upon receipt of such notification, appoint an agent and instruct
said agent to make continuing inspections of the work to ensure that
the requirements listed below are adhered to. The reasonable costs
for said agent are to be determined by the Department in accordance
with the accepted Town Pay Schedule and paid to the town by the developer.
B.
Special consultants. The Planning Board may retain independent consultants at the reasonable expense of the developer, in accordance with § 170-2.8, to ascertain whether these regulations and construction specifications have been met.
C.
Checklist. The inspecting agent shall furnish the
subdivider with a checklist (Form I)[1] of steps to be completed. The subdivider shall not proceed
with any steps until all prior steps have been signed by the inspector
as satisfactorily completed. Inspections shall be requested in writing,
at least two working days in advance of each inspection, except as
other arrangements have been agreed to by the Inspecting Agent. The
completed checklist is to be returned to the Planning Board. Failure
of the subdivider to submit the completed checklist may be deemed
sufficient cause for the Board to withhold final approval of the roadway
construction.
[1]
Editor's Note: Form I is included at the end of this chapter.
A.
Request for release. Upon completion of all or part
of the foregoing requirements, security for the performance of which
was given by bond, deposit, or covenant, or upon the performance of
any covenant with respect to any lot, the applicant may request and
agree on terms of release with said Planning Board. Request for such
release shall be initiated with a statement sent registered mail to
the Planning Board and the Town Clerk, as provided at MGL C. 41, § 81-U.
B.
Partial release. The Board may grant partial release
from such security for partial completion of improvements, if it determines
that the completed portion provides a reasonable system for circulation,
drainage and utilities pending completion of the rest.
C.
Completion requirements. To assist in determining
whether satisfactory completion has been made, the Planning Board
shall be provided with a properly completed Inspection Form (Form
I)[1] by the subdivider. The required improvements will not
be considered complete until:
(2)
The subdivider has filed street acceptance materials with the Planning Board, or the Board has waived them, as provided at § 170-2.7.
(3)
Any grassed areas have been mown at least twice;
all landscaping and plantings have been through a winter; all other
aboveground improvements, such as paving and sidewalks, have been
installed for at least 12 months subsequent to their final inspection;
and all underground utilities and appurtenances, such as water and
sewer lines, have been installed for at least 24 months subsequent
to their final inspection, and their continued integrity has been
verified. Street acceptance by Town Meeting prior to these periods
having elapsed shall not be reason for release of the portion of security
being held to assure integrity of improvements.
[1]
Editor's Note: Form I is included at the end of this chapter.
Strict compliance with the requirements of this
chapter 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. When granting such waivers, the Planning
Board shall clearly state its reasons in writing and make it part
of its decision.
For matters not covered by these rules and regulations,
reference is made to MGL C. 41, §§ 81-K to GG, inclusive.
