In the Appendix are sample forms and diagrams for the administration of these rules and regulations. The administrative content of this appendix may be revised from time to time by administrative action of the Board without hearing. Copies of these forms may be obtained at the Building Department or Department of Planning and Development at Town Hall.
These rules and regulations and the conditions and stipulations of permits and waivers issued thereunder shall be enforced by the Board's compliance official, the Building Commissioner acting as the Zoning Enforcement Officer, or other official so authorized. Any such officer may take any or all action necessary to enforce full compliance, as prescribed by the rules and regulations of the Planning Board, the bylaws of the Town, the Massachusetts General Laws, and applicable state regulations. This shall include notifications of noncompliance, together with requests for legal action through the Town Manager to the Town Counsel.
A.
The Town shall take enforcement action when immediate danger exists to the public or adjacent property, as determined by the Building Commissioner or compliance official.
B.
The Building Commissioner or compliance officer may post the site with a stop-work order directing that work that is not authorized under the subdivision approval cease immediately. The issuance of a stop-work order may include remediation or other requirements which must be met before development activities may resume. 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 interested parties, at which all the parties will be heard. The Board will then vacate the order or continue the order with conditions.
C.
The Board may, after written notice is provided to the developer, or after the site has been posted with a stop-work order, suspend or revoke the subdivision approval. A public hearing will be required prior to such action.
The Board may assign as its agents appropriate Town agencies or officials and may from time to time engage professional assistance to review plans and inspect improvements, all at the cost of the applicant or developer.
A fee under the provisions of MGL c. 44, § 53G will be required to cover the cost of consultants performing review of preliminary plans, review of definitive plans, review of plan modifications, and compliance monitoring of approved subdivisions. The initial fee deposit will be as specified in the fee schedule as most recently adopted by the Board. Payment of the initial fee will be required with the application. An additional amount as determined by the Board will be required before any on-site work is started. In the case of a phased project, the deposit fee may be phased as well, with payment due prior to the start of each phase. Should the actual cost of consultants exceed the amount on deposit with the Town, the developer shall pay an additional amount as the Board or the Planning Agent may determine. Any excess, including accrued interest, held by the Town at the end of the project will be returned.
Compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Board, such action is in the public interest and not inconsistent with the intent of the subdivision control rules and regulations. In waiving strict compliance, the Board may require such alternative conditions as will serve substantially the same objectives as the standards or regulations waived.
If any section, paragraph, sentence, clause, or provision of these rules and regulations shall be adjudged invalid or illegal, the adjudication shall apply only to the material so adjudged and the remainder of these rules and regulations shall be deemed to be valid and effective.
Any part of these rules and regulations subsequently invalidated by a new state law or modification of an existing law shall automatically be brought into conformity with the new or amended law, and shall be deemed to be effective immediately, without recourse to a public hearing and the customary procedures for amendment or repeal of such regulations.
These rules and regulations, or any portion thereof, may be amended, supplemented, or repealed from time to time by the Board after a public hearing, on its own motion or by petition as provided in MGL c. 41, § 81Q. All such amendments shall be filed with the Town Clerk and the Registry of Deeds as is required by law.