Notice shall be given by the Applicant in writing to the Board,
with duplicate copies to the Town's Department of Public Works,
Fire Chief, Building Commissioner, and Board of Health at least ten
(10) days before the Applicant first commences construction, clearing,
grading, or any related activities.
Prior to the start of construction, a coordination meeting shall
be held among the Applicant, the Applicant's Engineer and Contractor,
Planning Board members, the Town Planner, the Planning Board's
Agent, and such other Town officials as shall be appropriate. The
Contractor shall provide a proposed construction schedule at this
meeting, with the stipulation that the Contractor will notify the
Town Planner of any deviation in the schedule as construction progresses.
A. For the protection of the Town and future residents of the subdivision,
inspections shall be required during construction to ensure that the
infrastructure elements are constructed and installed in conformance
with the approved Definitive Subdivision Plan and these Subdivision
Rules and Regulations. All materials and each part of the work as
required under the Regulations shall be subject to inspection. Inspection
of the construction of the infrastructure of the subdivision is the
responsibility of the Planning Board.
B. Inspections will be conducted by the Planning Board's Agent.
A condition of approval of the Definitive Subdivision Plan will be
that the Applicant grant permission for the Planning Board members,
the Planning Board's Agent, the Town Planner, the Town's
Public Works Director, and other Town officials and employees as appropriate
to go on the site and observe the work. Any Town representative shall
be required to advise the Applicant's jobsite representative
of his/her presence on the jobsite. The Applicant shall allow the
Planning Board's Agent and other duly authorized representatives
access to all parts of the subdivision for purposes of inspection
and shall furnish them with such information and assistance as is
required to allow them to make a complete and detailed inspection.
C. Construction inspection is not expected to be full-time. The Applicant
is required to provide 48 hours' notice of the start of work,
or the resumption of work after a temporary cessation. The frequency,
timing, and duration of inspections shall be at the sole discretion
of the Planning Board and shall be that deemed necessary to ensure
that construction is in conformance with the approved Definitive Subdivision
Plan.
D. The cost of inspections shall be borne by the Applicant. Prior to
the Preconstruction Meeting the Town Planner shall advise the Applicant
of the estimated inspection costs. Prior to the start of construction
the Applicant shall deliver a check (payable to the Town of Newbury)
for the estimated amount of the inspection costs. This check will
be credited to an escrow account established to fund the cost of such
inspections, pursuant to G.L. c. 44, § 53G. The Town Planner
will notify the Applicant if and when the escrow account needs to
be replenished. No work shall proceed unless there are sufficient
funds in the escrow account to pay expected invoices of the Planning
Board's Agent.
E. Any work done by the Applicant that was not observed by the Planning
Board's Agent, due either to lack of notification or failure
to provide sufficient funds to the escrow account, shall be subject
to removal and replacement, at the sole discretion of the Planning
Board.
Inspections shall include, but not necessarily be limited to,
the following subdivision construction activities, at the specified
times:
C. Earthwork operation, including soil compaction testing as deemed
necessary by the Planning Board;
D. Installation of sewage and drainage structures;
E. Installation of water, sewer and drainage piping — bedding,
alignment and backfilling, pressure testing, and lamping of sewer
lines;
F. Installation of other underground utilities;
G. Installation of base gravel;
H. Installation of bituminous concrete pavement;
J. Installation of sidewalks;
K. Landscaping, including spreading of topsoil on lawns, and planting
of trees.
The inspection fee estimate will be based upon the construction
schedule submitted by the Applicant. The actual cost of the inspection
(to be borne by the Applicant), will be the actual billings to the
Town by the Planning Board's Agent (as approved by the Planning
Board). Delays in the Applicant's schedule or unacceptable work
by this Applicant's contractor will tend to increase the inspection
costs to the Applicant.
Inspection will not be continuous. In the interest of minimizing
inspection costs, it will be the responsibility of the Applicant to
keep the Planning Board's Agent advised of the day-to-day construction
schedule. Frequency of inspection visits will be at the Planning Board's
discretion. Failure to notify the Planning Board's Agent of an
operation may mean the rejection of such construction and rebuilding
at no expense to the Town of Newbury.
Failure to reject defective work or materials at the point of
installation shall not prevent later rejection of the work or materials
when the defect is discovered, nor obligate the Planning Board to
make final acceptance of the work or materials or subdivision.
If the work or any part thereof shall be found defective by
the Planning Board at any time before the final acceptance of the
entire project, the Planning Board shall give written notice thereof
to the Applicant and the Applicant shall, at the Applicant's
sole expense, cure such defect in a satisfactory and timely manner.
Any work done beyond the lines and grades shown on the plans,
except as herein provided, shall be considered unauthorized and shall
be removed at the expense of the Applicant.
The Planning Board's Agent may agree to minor field changes
and shall notify the Planning Board in writing of such changes forthwith.
Examples of minor field changes would include small changes in horizontal
alignment of underground utilities to avoid ledge, removal and replacement
of unsuitable in situ materials, and relocation of driveway entrances.
When doubt arises, the question shall be referred to the Town Planner.
The Planning Board's Engineer may not agree to major field changes.
A major field change shall not proceed without the prior approval
of the Planning Board. The Applicant shall proceed at the Applicant's
own risk to perform work in accordance with a field change that has
not received the Planning Board's prior approval. In the event
that a field change is determined to be major, the Applicant shall
cease the relevant work and obtain the required approval and if the
necessary approval is not granted, shall remove the non-approved work
at the Applicant's expense. In any instance in which a proposed
field change would alter the drainage calculations previously relied
upon, a subdivision modification shall be sought and obtained before
the change may be implemented. The Planning Board's Agent shall
inspect work and materials; give direction pertaining to the work
and the safety and convenience of the public; make measurements; and
perform such other duties as may be designated by the Planning Board.
In case of any dispute arising between the Applicant and the Planning
Board's Agent as to materials furnished or the manner of performing
the work, the Planning Board's Agent shall have the authority
to reject the materials and to suspend that portion of the work until
the question at issue can be referred to and decided by the Planning
Board.
The Planning Board's Agent is not authorized to revoke,
alter, enlarge, relax, or release any substantive requirement of the
Planning Board as shown on the endorsed definitive plan or required
under the Regulations.
Prior to November 15, the site will be inspected and the Board
will present the Applicant a list of items that need to be addressed
in order to make the site safe and functional prior to winter. Following
the receipt of the letter, the Applicant will have 30 days to address
the items or appear before the Board.
The final inspection shall take place after completion of roadways,
permanent benchmarks, curbing, berming, walkways, grading, seeding
and cleanup and following receipt by the Planning Board of the Applicant's
Professional Civil Engineer's statement that final grading and
underground utilities have been constructed in accordance with the
endorsed plan and all record plans have been received.
A. Agent's Log: The Planning Board's Agent shall keep a log
of hours spent and inspection activities accomplished. This log will
be made available to the Applicant. In no case shall the Planning
Board's agent act as foreperson or perform other such duties
for the Applicant.
B. Inspection Reports: Once an Applicant indicates that a stage of work
has been completed, the Planning Board's Agent will review the
status of the work and prepare and submit a report to the Planning
Board and the Applicant and detail whether the work has been performed
in accordance with the Regulations and the endorsed definitive plan
or indicate the ways in which the work is not acceptable. At any time
during the progress of the work, the Planning Board's Agent shall
advise the Planning Board of any factors that may adversely affect
the progress of the work or proper execution.
C. Final Report: The Planning Board's Agent will submit a final
report to the Board at the completion of the subdivision. Such report
may be in the form appended hereto marked Form G and will be augmented
by such additional information as is necessary or as the Board may
require to describe any special problems or situations which may have
arisen during the construction of the required improvements.
D. The Planning Board's Agent and other responsible inspection
agents shall report to the Board that the work has been performed
in accordance with these Rules and Regulation and the Definitive Plan,
or alternatively, shall advise the Board that the work is not acceptable
with the reasons therefore.
A. The Applicant shall supply the Planning Board and the Board's
Agent with Interim Record Drawings at the same scale as the street
plans, which shall be prepared by a Professional Land Surveyor or
Registered Professional Engineer retained by the Applicant and approved
by the Planning Board, which Record Drawings shall indicate the actual
location of all of the following:
(1) Locations of all underground utilities;
(2) Location of all culverts and drains, including invert elevations;
(3) Location of all manholes and catch basins; including rim and invert
elevations;
(4) Location of all natural drainage courses;
(5) Location of all water mains, water pipes and related equipment, such
as hydrants and main shut-off valves; and
(6) Location of any stumps, brush, roots, boulders and like material
buried within the Subdivision.
(7) Monumentation required to reinstate property boundaries.
B. Such Record Drawings shall be delivered to the Board and the Board's Agent prior to the application of the gravel base as required by §
117-33C. Such plans shall be provided on a timely basis so as to permit the Board and the Board's Agent time to review said plans and the subdivision site prior to the application of the gravel base on the roadway.