Strict compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Beverly Planning Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. (See § 375-27, Sidewalks, Subsection E, for "in-lieu-of" payments for waivers of the sidewalk requirement.)
For matters not covered by these rules and regulations, reference is made to the Subdivision Control Law, MGL c. 41, §§ 81K to 81GG, inclusive.
Approval of any definitive subdivision plan is subject to the condition that, unless an appeal has been taken from such approval as provided by MGL c. 41, § 81BB, the subdivider will record the definitive plan in the Essex South District Registry of Deeds or the Land Court within six months of the date of its approval, or within 12 months of approval if accompanied by a certificate of no amendment/rescission from the Planning Board (see MGL c. 41, § 81X). Approval is also conditioned upon the subdivider certifying to the Planning Board, in writing, within 30 days of recordation that the plan has indeed been recorded with the Registry of Deeds or the Land Court, giving the date it was recorded and the plan book and page number or certificate number. Failure to file said plan shall render any approval null and void.
A. 
No building shall be erected within a subdivision without written permission from the Beverly Planning Board by Release Form H, or other approved form (Appendix H).[1]
[1]
Editor's Note: Appendix H is included as an attachment to this chapter.
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 under MGL c. 41, § 81X, as amended, and that any condition endorsed thereon limiting the right to erect or maintain buildings on such lot had been satisfied or waived by the Board, and in the event that more than one building for dwelling purposes will 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 Beverly Planning Board in accord with § 375-6 of these rules and regulations, MGL c. 41, § 81Q, and amendments thereto.
A. 
Inspections shall be arranged by the applicant with the City Engineer for that purpose prior to the construction of streets and the installation of utilities and during construction as specified herein at each significant construction stage.
B. 
Inspection shall be requested in writing at least 48 hours in advance of each inspection to the Beverly Planning Board.
C. 
Inspections shall be made by the City agent, unless otherwise indicated, for each of the following:
(1) 
Satisfactory excavation.
(2) 
Satisfactory laying and testing of water and sewer mains, hydrants, and related equipment.
(3) 
Satisfactory location of gas mains and related equipment (by National Grid Gas).
(4) 
Satisfactory installation of surface and subsurface drainage systems and related equipment.
(5) 
Satisfactory filling.
(6) 
Satisfactory compaction.
(7) 
Satisfactory installation of electric lines and related equipment.
(8) 
Satisfactory location of telephone lines and related equipment.
(9) 
Satisfactory completion of the pavement.
(10) 
Satisfactory placing of curbs and gutters.
(11) 
Satisfactory construction of sidewalks.
(12) 
Satisfactory finish grading of grass plots.
(13) 
Satisfactory installation of monuments.
(14) 
Satisfactory grading of lots.
(15) 
Satisfactory planting of street trees.
(16) 
Satisfactory final clean-up.
D. 
The Beverly Planning Board may establish the order of the required inspection and may require satisfactory completion of one step before the applicant proceeds to the next. It may require tests to be done by the applicant as a condition of approval, when, in the opinion of the Beverly Planning Board, it is advisable.
E. 
The proper City official shall indicate on Form N, Inspection Form (Appendix N),[1] provided by the Beverly Planning Board, the date of inspection and the approval and shall file such form with the Beverly Planning Board.
[1]
Editor's Note: Appendix N is included as an attachment to this chapter.
F. 
Failure 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, § 81W.
G. 
The Director of Engineering, Commissioner of Public Services, Public Works or his duly authorized agent may stop the progress of the entire work in the installation of utilities and streets within the subdivision, until corrections are completed.
H. 
The Director of Engineering, Commissioner of Public Services, Public Works may require that an RPE (registered professional engineer) be available at the applicant's expense during the construction.
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 provisions 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.
No changes, alterations, or modifications shall be made to any aspect of an approved definitive plan without resubmission to and approval from the Planning Board in accordance with MGL c. 41, §§ 81O and 81W. The applicant shall be held responsible for all omissions, infractions, and deviations from the approved plans.