A. 
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. The Planning Board may, in special and appropriate cases, waive strict compliance with such portions of these rules and regulations as provided for in MGL c. 41, § 81R, where such action is in the public interest and not inconsistent with the purpose and intent of the Subdivision Control Law. Waivers are only granted for projects which provide, in the sole opinion of the Planning Board, clear and significant improvements to the quality of a project compared with a project which meets the minimum of the subdivision regulations.
B. 
A waiver request must be submitted in writing by the applicant, and submitted, whenever feasible, with the submission of the preliminary plan. The request should state the applicable section of the rules and regulations and the exact nature of the waiver requested.
C. 
It is the policy of the Sharon Planning Board that waivers not be granted for any of these regulations, unless the applicant can first demonstrate that the entire subdivision can be constructed in full conformance with all requirements of the rules and regulations. The Board may then consider waiver of certain regulations if it deems their waiver to be in the public interest.
Prior to any work, including site clearing or installation of subdivision improvements, the applicant shall deliver three copies of the approved and recorded definitive subdivision plans, an affidavit confirming ownership of the locus, and evidence of submission of the Planning Board decision, the approved definitive plan, and the covenant, if any, to be recorded in the Registry of Deeds or registered with the Land Court in accordance with § 340-3.3H.
A. 
Release. No building shall be erected within a subdivision without written permission from the Board by Form J, Release Form.[1]
[1]
Editor's Note: The forms are included as an attachment to this chapter.
B. 
Minimum standards for release.
(1) 
No lot shall be released from the restrictions as to sale and building specified on the definitive plan until the minimum requirements for the construction of ways and municipal services as specified hereinafter have been completed to the satisfaction of the Planning Board to adequately serve specific lots shown on the definitive plan and the segment of the primary access route that is required to conform to applicable standards has been brought into compliance (§ 340-4.2J).
(2) 
Said minimum requirements for the construction of ways and municipal services shall include all subdivision improvements specified in Article 4.0 that serve or relate to each specific lot to be released, except for those subdivision improvements which may be deferred ("deferred subdivision improvements") as enumerated hereinafter:
(a) 
The top course of hot mix asphalt on the traveled way;
(b) 
The top course of hot mix asphalt on sidewalks, walkways, bikeways, and shared pathways;
(c) 
On-lot roof water recharge systems and on-lot drainage systems intended to be permanently disconnected from the subdivision drainage system;
(d) 
Streetlight poles and fixtures, provided that conduits and appurtenances are installed and light poles and fixtures are delivered to the site or delivered to a facility where they may be inspected by the Board or its agent;
(e) 
Seasonally limited landscaping, provided that said seasonally limited landscaping shall be installed on or before May 15 of the following year; and
(f) 
Maintenance as set forth in § 340-4.8E that extends beyond the date of lot release.
(3) 
The instruments of surety shall be updated and sufficient to ensure satisfactory completion of deferred subdivision improvements as listed in § 340-5.4B(2).
(4) 
Streets serving the specific lots to be released shall be completed block by block such that adequate access and infrastructure for any released lot consists of self-sufficient, sustainable and complete segments.
(5) 
Evidence shall be submitted that a homeowners' association document in a formed acceptable to Town Counsel has been recorded in the Registry of Deeds or registered with the Land Court.
(6) 
An executed copy of Form K or other instrument approved by the Board transferring to the Town easements to construct, inspect, repair, renew, replace, operate and forever maintain utilities, slopes, and access as provided in § 340-3.3I.[2]
[2]
Editor's Note: The forms are included as an attachment to this chapter.
C. 
Buildings. The Building Inspector shall not issue any permit for the erection of a building until he/she 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, § 81X, as amended, and that any condition endorsed thereon limiting the right to erect or maintain buildings on such lot has been satisfied or waived by the Board. In the event that more than one building for dwelling purposes is 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 § 340-2.4 of these rules and regulations, MGL c. 41, § 81Y, and amendments thereto.
D. 
Occupancy. No structure shall be occupied until all subdivision improvements specified in Article 4.0, including the temporarily deferred subdivision improvements as set forth in Subsection B(2)(a), (b), (c) and (d), that serve or relate to the specific lot for which occupancy is sought have been completed to the satisfaction of the Planning Board.
A. 
Coordination. Inspections shall be arranged by the developer with the Town 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. 
Notice. Inspection shall be requested of the Town Engineer at least 48 hours in advance of the inception of any stage of the construction.
C. 
Order. The Board may establish the order of the required inspection and may require satisfactory completion of one step before the subdivider proceeds to the next. It may require tests to be done by the subdivider as a condition for approval when in the opinion of the Board it is advisable.
D. 
Form. The proper Town official shall indicate on Form P, Inspection Form, provided by the Board, the date of inspection and the approval and shall file such form, and an inspection report, if any, with the Board subsequent to each inspection.[1]
[1]
Editor's Note: The forms are included as an attachment to this chapter.
E. 
Failure to comply. 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.
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, certification by the Town Clerk and filing with the Registry of Deeds and the Recorder of the Land Court.