Construction shall be carried out in compliance with the approved site plan and these rules and regulations. All work shall be completed within the time limits specified in the conditions of the plan and any extensions that may be granted by the Board. The Board may grant a time extension for good cause shown without a formal hearing.
B.
Monitoring procedures. Monitoring to insure compliance shall be carried out at appropriate times during the development of the site. The frequency and level of monitoring shall be determined by the monitor. Monitoring will be done by a compliance official, who may be a consultant engaged by the Board, the Building Commissioner, or other Town official as determined by the Board. The monitor shall report to the Board if any serious problem arises and not less often than quarterly the status of the site work and any compliance problems.
(1)
The Town may take any or all of the enforcement actions prescribed in these regulations to ensure compliance with, and/or remedy a violation of this regulation; and/or when immediate danger exists to the public or adjacent property, as determined by the Building Commissioner or compliance official. Securities described in § 420-3.8C may be used by the Town in carrying out any necessary enforcement actions.
(2)
Any compliance official is authorized to halt all work or any part of the work by means of a stop-work order if such becomes necessary because the plan and standards are not being followed.
(3)
The compliance officer may post the site with a stop-work order directing that all work not authorized by the approved site plan, or, if necessary, all work at the site, cease immediately. The issuance of a stop-work order may include remediation or other requirements which must be met before the affected activities may resume.
(4)
The Board may, after written notice is provided to the applicant, or after the site has been posted with a stop-work order, suspend or revoke the site plan approval.
(5)
Any such order may be appealed to the Board. On receipt of a written appeal, the Board shall hold a hearing within 10 Town Hall working days, with notice to all parties involved, at which all the parties will be heard. The Board will then vacate the order or continue the order with or without conditions.
C.
Stop-work orders. Failure to comply with a stop-work order shall be cause for revocation of approval for the site plan and may result in legal action to secure compliance.
The applicant has full and enforceable responsibility to insure that the approved construction plans are implemented. The use of qualified persons by the applicant to furnish adequate and timely engineering supervision during construction is required. Monitoring, surveillance, and field supervision by Town officials will not be construed as fulfilling this responsibility.
Should the applicant or any other interested party desire a modification of the approved plan, he shall make application therefor to the Board. The Board may also propose modification of a plan on its own motion. Upon receipt of an application or on its own action, the Board shall hold a public hearing thereon with notice as required in § 420-3.6A. At the conclusion of the hearing, the Board may modify the plan and shall cause the modification to be recorded as required by MGL c. 41, § 81W.
A.
Notice of completion. Upon completion of all work, the applicant shall submit to the Board notice that the work has been completed and therein shall state under the penalties of perjury that the site has been completed according to the approved plan and any approved modifications thereto.
B.
As-built plans. Unless the requirement for such plans has been waived by the Board, upon completion of all work, the applicant shall furnish the Board with two prints of "as-built" plans, showing the error of closure, location of all monuments, roadways, driveways, walkways, utilities and structures and the location by "ties" of all important parts of buried utilities such as water or gas valves, sewer ties, corporation cocks, building connection shut-offs, and any other special details identifying any departures from the approved plan as to the location, depth, dimensions, thickness, slope grade or materials, and certified as to correctness by a registered professional engineer (civil). It is recommended that a sepia print of the approved plans be appropriately marked as "as-built plans" and be submitted with two full-size prints thereof. "As-built" plans must be submitted before performance guarantees are released. This material shall also be submitted in electronic format.
C.
Conveyance of easements and utilities. Before the Board will release all security held by the Town, the applicant shall execute an instrument transferring to the Town of Winchendon valid, unencumbered title to all underground utilities and other property that are to become Town property under the conditions of the site plan approval, together with a perpetual easement allowing the Town to enter upon the site to maintain or repair such underground utilities and other property. Generally, utility installations on private property will not be transferred to the Town.
D.
Release of security. Upon receipt of the notice of completion, the as-built plans and the conveyance of easements and utilities, the Board will review these materials and the reports of the construction monitor to insure that the site has been constructed according to the approved plan. Upon a satisfactory review, the Board shall release all remaining security and covenants.