Strict compliance with the requirements of these rules and regulations may be waived only by a recorded vote of the Planning Board when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the Subdivision Control Law.
A.
General. The Planning Board may assign as its agents appropriate Town agencies or officials and may, at its discretion, employ professional assistance to review plans and inspect construction, at the cost of the subdivider.
B.
Fees and deposits.
(1)
A minimum deposit of $1,000 shall be made by the applicant to the Town of Plympton to cover the cost of reasonable fees incurred by the Planning Board for outside consultants to review the project under MGL c. 44, § 53G. Payment shall be made at the time the plan is presented to the Planning Board. A minimum balance of $500 shall be kept in the account at all times.
(2)
When the definitive plan is filed with the Planning Board then the following schedule of review fee deposits shall be made by the applicant to the Town of Plympton Planning Board to cover the cost of reasonable fees incurred by the Planning Board for outside consultants to review the project under MGL c. 44, § 53G:
(a)
An initial, minimum deposit of $1,000 plus $200 for each lot in the subdivision shall be placed into the MGL c. 44, § 53G review account established for the project.
(b)
A minimum deposit in the amount of $100 for each boundary monument shown on the plan and as required by the rules and regulations that has not already been installed and certified at the time of application shall be made into the review fee account established for the project under MGL c. 44, § 53G.
(c)
A minimum deposit in an amount to be determined by the Planning Board (in consultation with the Town Engineer or peer review consulting engineer) shall be made into the review fee account established for the project under MGL c. 44, § 53G in an amount that shall provide sufficient funds for the Board's review consultant to review the definitive plans.
(d)
Following approval and endorsement of a definitive subdivision plan and upon initiation of construction, a minimum deposit in an amount to be determined by the Planning Board (in consultation with the Town Engineer or peer review consulting engineer) shall made into the review fee account established for the project under MGL c. 44, § 53G to cover the cost of construction inspections and review of as-built plans performed by outside consultants for the Planning Board.
(3)
Definitive subdivision approval shall be contingent upon receipt of payment of all review fee costs for outside consultants.
(4)
Failure of the applicant to comply with the requirements of the fee schedule shall be deemed adequate cause for disapproval of the plan.
C.
Return of deposit. Excess funds paid upon deposit to a review fee account shall be returned to the applicant as required under MGL c. 44, § 53G.
D.
Inspections.
(1)
General.
(a)
All work performed as a consequence of these rules and regulations shall be subject to the review of the Planning Board, which shall approve and accept or disapprove and reject each phase or portion of such work and at completion shall recommend the acceptance of all work or disapproval of the work with reasons therefor.
[1]
The Planning Board engineer, or his representative, will act as agent for the Planning Board in the inspection of the work to insure compliance with those rules and regulations and to report to the Board his recommendations as to approval or disapproval of the work. As engineer for the Planning Board, he or his representative shall have the authority to enforce all subdivision rules and regulations of the Town.
[2]
The Planning Board, its engineer, and such other persons as the Board may designate shall have the right to inspect the work at any time.
[3]
All aspects of roadway construction, including materials and methods of construction, inspections, reporting, etc., shall be in accordance with the specifications of the Massachusetts Department of Transportation in effect at the time of construction, unless waived by the Planning Board. When a conflict arises, these rules and regulations shall govern unless waived.
(b)
All work which has been disapproved or is not acceptable to the Planning Board shall be removed and replaced or otherwise corrected to the point of complying with the requirements of the Planning Board for acceptance. Any work which has been covered by subsequent work prior to acceptance or is otherwise not available or obscured to the point of rendering inspection of the work difficult shall be considered unacceptable to the Planning Board. Such subsequent work shall be removed as directed by the Planning Board engineer to insure availability of the work to be inspected as required herein. The release of the performance guarantee shall depend upon the acceptance of all work prescribed herein and on the definitive plan and as directed by the Planning Board.
(c)
At points indicated in Article V and as further described hereinafter, the construction of the required improvements may be inspected by the Planning Board engineer, or authorized agent, and unless approval of the work completed, including approval of the materials used, to each such point has been given in writing, no further work shall be commenced. Such inspections may include the taking of certain samples; in such cases, the applicant shall insure that the Planning Board engineer is in no way hindered or obstructed in the course of obtaining such samples.
[1]
Where such samples are removed from the completed work, the applicant shall replace and restore such work to the satisfaction of the Planning Board engineer, or its condition prior to the taking of the sample.
[2]
The Planning Board engineer may require certified copies of delivery receipts or bills of lading, or other certification as to the description of the materials used or incorporated in the work.
[3]
The Planning Board engineer may also require a sample of any materials or supplies which may be incorporated in the work. Such samples shall be furnished at the expense of the applicant, and the applicant shall be liable for all costs and fees incurred by the Planning Board as a result of transporting and testing such materials.
(d)
The applicant shall keep the Planning Board engineer fully informed as to the status and progress of the work and shall notify the Planning Board engineer at least one working day in advance that the work has progressed to a stage that an inspection is required.
(e)
In the event the Planning Board engineer makes an inspection of the work at the time designated and finds such work is not at the proper stage of completion, or that the work has been covered or otherwise obscured, the Planning Board engineer shall notify the applicant and the Planning Board as to the additional steps the applicant shall take to complete the work to the point required, or to the extent the work shall be uncovered or exposed to full view. The applicant shall notify the Planning Board engineer again when the work is ready.
(f)
The applicant shall be liable for all costs and fees incurred by the Planning Board as a result of requests by the applicant for an inspection of the work which, in the opinion of the Board, was not at an acceptable stage of completion for such inspection.
(2)
Lines and grades.
(a)
The Planning Board engineer will advise the Planning Board at any time during the construction if, in his opinion, he believes that the work has not been laid out to the lines and grades as shown on the definitive plan.
(b)
Any costs which, in the opinion of the Board, are the responsibility of the applicant shall be in addition to the fees required elsewhere herein.
(3)
Inspection of required improvements. The following inspections of the required improvements will be made by the Planning Board engineer. These inspections will be made in addition to any other inspections the Board may make or cause to be made.
(a)
First inspection. An inspection will be made of the work upon completion of all clearing, grubbing and excavation and all work incidental thereto as may be required or implied. No fill shall have been placed at the time of this inspection.
(b)
Second inspection. An inspection will be made of the completed drainage system (without backfill) as required or implied herein or on the definitive plan. At the same time, or such other time as the work may be available, an inspection will be made of the completed municipal services (without backfill), as required on the definitive plan. The inspection of the required municipal services will be made by the agency responsible for the particular service.
[1]
Each agency involved will notify the Planning Board engineer in writing of the approval of such work.
[2]
Backfill of any portion of the drainage system or municipal services shall not be made until after notification of approval of acceptance by the Planning Board engineer, or agency responsible.
[3]
The inspection of the construction of the ways shall include the inspection of the backfilling and completion of all utility trenches as may be installed by utility companies, and such work shall be performed in the manner as required by these rules and regulations.
[4]
If, in the opinion of the Planning Board, the backfilling and compaction of utility trenches has not been performed in accordance with these rules and regulations, the Planning Board may not release the bond or covenant applicable until such work has been performed to the satisfaction of the Planning Board.
(c)
Third inspection. An inspection will be made of the compacted fill and as may be required to bring the roadways to their proposed grades. The applicant shall notify the Planning Board engineer as to his source of gravel for fill as soon as such information is known, so that samples may be taken and analyzed by the Planning Board engineer. The applicant is advised not to proceed with the filling operation until such time as the Planning Board engineer notifies the applicant that the gravel proposed for the fill is acceptable. If the applicant proceeds with the fill prior to such notice, he does so at his own risk. The applicant shall not use a gravel source, other than the one designated, without prior notice to the Planning Board engineer.
(d)
Fourth inspection. An inspection will be made of the compacted roadway foundation. A gravel sample or samples may be taken at the option of the Planning Board engineer, in the same manner as prescribed for the third inspection.
(e)
Fifth inspection. Inspections will be made during the application of the bituminous concrete binder course and top course. Samples of the mix may be taken by the Planning Board engineer for purposes of performing an extraction test in order to compare the sample with the job mix formula previously submitted. Core samples for the purpose of checking depths of pavement may be taken at the discretion of the Planning Board engineer.
(f)
Sixth inspection. An inspection will be made of all work as required on sidewalks, curbing, grass plots, side slopes, monuments and street signs.
(g)
Seventh inspection. A final inspection will be made of all subsequent work as required herein, or on the definitive plan, to include the final clean up.
E.
Return of bond. Upon acceptance of roads at Town Meeting, the subdivider shall provide the Town Clerk with proof of filing said public ways at the Plymouth County Registry of Deeds within 60 days.