Construction shall be carried out in compliance with the approved subdivision 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.
A.
Prior to commencement of construction, the applicant, landowner, contractor and construction crew, zoning enforcement officer, and site engineer shall conduct a meeting to review the proposed construction phasing and number and timing of site inspections.
B.
Initial site inspection of erosion and sedimentation controls and placement of tree protection measures shall occur after installation of barriers around preserved areas and construction of all structural erosion and sedimentation controls, but before any clearing or grading has begun.
D.
Monitoring procedures.
(1)
Monitoring to insure compliance shall be carried out at appropriate times during the development of the subdivision. 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 report not less often than quarterly the status of the subdivision and any compliance problems. 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 or because of a significant public safety issue.
(2)
If the Board finds that the past performance of the developer in Winchendon or elsewhere has been less than satisfactory, the Board will impose a specific monitoring schedule to assure that the work on the subdivision is done according to the approved plan and the regulations. It will require frequent reports both as to the quantity and quality of the work accomplished and will act promptly if such reports indicate less than satisfactory work.
The developer has full and enforceable responsibility to insure that the approved construction plans are implemented. The developer shall use qualified persons to furnish adequate and timely engineering supervision during construction. Monitoring, surveillance, and field supervision by Town officials will not be construed as fulfilling this responsibility.
Should the developer 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 § 430-14A. 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.
Minor modifications to the project that will have no effect on abutting property may be approved by the Board without a public hearing.
B.
Failure to diligently pursue the project. Should a period of six months elapse in which the developer has done no significant work at the site and has not obtained an extension from the Board, he will have failed to diligently pursue the project as required in the conditions of approval. The approval will have lapsed and become void.
(1)
If it appears to the Board or to its compliance monitor that work on the project has ceased and no request for an extension has been received, the developer shall be notified and the compliance monitor shall undertake site inspections at least monthly and report thereon to the Board.
(2)
The Board will thereupon use such security as may be available to (first) secure the site by removing safety hazards, unused construction materials, attractive nuisances and preventing unauthorized access to the site and (second) to complete the construction of drainage, roadways and other amenities as were required in the subdivision approval and these regulations.
A.
Notice of completion. Upon completion of all work, the developer shall submit to the Board notice that the work has been completed and therein shall state under the penalties of perjury that the subdivision has been completed according to the approved plan and any approved modifications thereto.
B.
As-built plans. Upon completion of all work, the developer shall furnish the Board with two prints of "as-built" plans, showing the error of closure, location of all monuments, driveway aprons, walk-offs, 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, house connection shutoffs, 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.
C.
Conveyance of easements and utilities. Unless the subdivision approval was granted with the express stipulation that the ways within the subdivision not become public ways, before the Board will release all security or all lots from the operation of a covenant, the developer shall execute an instrument (see Form F[1]) transferring to the Town of Winchendon a valid easement to use the ways in the subdivision as public Town ways with unencumbered title to all water mains, sanitary sewers, and all appurtenances thereto, any drainage facilities constructed and installed in the subdivision; and conveying to the Town, without cost and free of all liens and encumbrances, perpetual rights and easements to construct, inspect, repair, replace, operate and forever maintain stormwater drains, water mains, sanitary sewers, and all appurtenances thereto, and do all acts incidental thereto, in, through, and under the whole of the streets and easements in the subdivision as shown on the approved definitive plan and in any other areas where work was done in pursuance of the plan.
[1]
Editor's Note: Forms are available in the Town offices.
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 subdivision has been constructed according to the approved plan. If open space is being protected under the residential development provisions of the Zoning Bylaw, the Board shall also ascertain that the open space has been protected as required by these regulations. Upon a satisfactory review, the Board shall release all remaining security and covenants and, unless the approved plan otherwise provides, recommend to the Selectmen and Town Meeting that the streets within the subdivision be accepted as public Town ways.
The developer and his successors shall have no claim for damages when the Town accepts the streets shown on the approved plan as public ways.
A.
The above conveyances shall not be construed to relieve the developer and his successors of responsibility to complete all construction, as required by developer's covenants and agreements with the Town, to honor all required guarantees, and to thereafter maintain all streets and utilities in a satisfactory condition until they are formally accepted by the Town. The developer shall promptly execute a proper easement to the newly accepted ways.
B.
Unless a different provision has been made in the approved plan, it shall be the developer's responsibility to repair and otherwise maintain the ways within the subdivision, including snow removal and ice control, until such time as those ways are accepted as public Town ways.