The Board must include the conditions set forth below in any
approval of a definitive plan.
A. Failure
to Obtain Endorsement. The applicant must obtain the endorsement of
the Board within 180 days of the date of approval. Failure to do so
may result in the rescission of the approval.
B. Failure
to Complete Construction. The applicant must complete the construction
of all ways and services within two years of the date of endorsement
of the definitive plan. Failure to do so may result in the rescission
of the approval of such plan, unless the Board extends said period,
for good cause shown, after the written request of the applicant not
less than 30 days before the expiration of said period.
C. Construct
Streets and All Required Utilities. As a condition of approval of
a subdivision, the applicant agrees to construct streets and complete
all other work specified on the definitive plan or required under
these Regulations, meet all relevant provisions of the Zoning Bylaw
and other bylaws, including installation of required utilities in
such subdivision, and all work incidental to them, such as grading
of lots to provide drainage, construction of retaining walls and other
details or as specifically required by the Board.
D. Perpetual
Rights and Easements.
(1) As a condition of approval of a subdivision, the owner must grant
to the Town a right and easement to construct, repair, replace, extend,
operate, use and forever maintain all water mains, sewer mains, and
all surface and subsurface stormwater drains in, through or under
the streets and easements as indicated on the definitive plan.
(2) In consideration of being allowed to connect to the public street
system and to enable the Town to protect public health and safety,
the owner must grant the Town the perpetual right or easement to pass
and repass over the streets and easements in the subdivision, and
to use, operate, inspect, repair, renew, replace, and forever maintain
the streets, street signs, and all appurtenances or components of
them, in all of the subdivision and outside it if installed to serve
the subdivision. To accomplish this, the owner must retain and reserve
the necessary rights and easements in any conveyances or mortgaging
of land or lots and in the recording of plans and easements.
(3) The owners must grant the Town the right to enforce on-street parking
regulations within the subdivision and on any streets connecting the
subdivision to the public street system. For projects that include
minor streets, an instrument prohibiting parking and granting the
Town enforcement rights will be required.
E. Post-Construction Responsibilities of Owners. Notwithstanding the provisions of Section
6.3D, it is the responsibility of the owners and owners' successors in title to all or any portion of the subdivision to maintain the landscaping, streets, and utilities within the subdivision until formally accepted by the Town. The owner must provide a supplemental covenant agreeing to maintain the streets and utilities, including snow removal, and permitting the Town to maintain them if necessary at the expense of the owners.