No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the Town or proceed with the improvement or sale of lots in a subdivision or the construction of ways or the installation of municipal services therein unless and until a definitive plan of such subdivision has been submitted to and approved by the Planning Board as hereinafter provided. No person shall divide land without complying with these regulations and first obtaining from the Planning Board approval of the definitive plan for the proposed subdivision or the endorsement "Approval under the Subdivision Control Law Not Required" upon such plan.
A.
For any application under these rules and regulations, the Board may employ a qualified outside consultant at the expense of the applicant. Fields for which the Board may require a consultant include, but are not limited to: any relevant engineering field, architects, landscape architects, soil scientists, hydrologists, environmental scientists, botanists, attorneys, professional planners, economists, real estate appraisers or brokers, licensed construction supervisors, licensed general contractors, traffic and transportation experts, etc.
B.
The Board will normally require the fees to cover the costs of outside consultants to be deposited in advance with the Town, in accordance with the provisions of MGL c. 44, § 53G. Such fees will be deposited in a separate account, and any amounts remaining in said account after the completion of the associated project will be refunded to the applicant or successor, in accordance with these rules and said state law. When the expense of such consultants exceeds the currently available funds in the 53G account, the applicant is required to provide such additional and appropriate funds within 14 days of notification by the Board of the required amount.
C.
The choice of outside consultant may be appealed to the Select Board. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist either of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. The required time limits for action upon an application by the Board shall be extended by the duration of the administrative appeal. If no decision is made by the Select Board within one month following the filing of the appeal, the selection made by the Planning Board shall stand, but may be appealed to the courts.
D.
The Planning Board will normally allow 10 days between the selection of a consultant and the start of work, to give the applicant an opportunity to file such an appeal but will begin work sooner if approval is given by the applicant. If such appeal is made, the applicant shall notify the Planning Board by certified mail immediately after filing such appeal with the Select Board. The Planning Board, at its earliest opportunity after receiving such notification, shall direct the consultant to cease work until the appeal is resolved. The applicant shall be liable for all costs due to the consultant prior to the direction to cease work.
E.
To the extent that services are provided by Town Counsel under a municipal flat-rate retainer, such services will not be charged directly to the applicant. However, should circumstances require employment of outside counsel or otherwise be billed to the Town for a specific service related to an application, then such fees will be paid out of the 53G account or by the applicant. This section does not preclude the charging of supplemental fees for specific legal services performed by Town Counsel, with such fees paid to the Town to offset the cost of the Town's retainer with Town Counsel.
A.
In accordance with MGL c. 41, § 81R, the Board may waive strict compliance with these rules and regulations. Such waiver may only be granted if the Planning Board first reaches a finding that such waiver is both in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law and these rules and regulations.
B.
It is the responsibility of the applicant to identify all waivers that are requested, on the plans and in written, descriptive form. Except where otherwise specified, all requests for waivers must be explicit and complete, and submitted at the time of application.
C.
No waiver may be inferred from any decision by the Board unless the Board votes specifically to grant the waiver and such vote is recorded in the minutes of the Board.
A.
Fees are divided into application, consulting and supplemental fees.
B.
Application fees must accompany any application before the Board under these rules and regulations. They are intended to cover the general cost to the Town of processing the application, excluding costs covered by the more specific fees. The general costs may include indirect costs. Application fees are deposited into the general treasury of the Town.
C.
Consulting fees are fees to cover the cost of outside consultants and are handled according to the provisions of § 440-8 of this article.
D.
Supplemental fees are fees to cover the cost to the Town of specific services, where such services may be clearly identified or quantified, and can be expected to vary depending on the project. Examples include the cost of inspections by the Department of Public Works, review of bonds, deeds, easements or other documents by Town Counsel, etc.
E.
If a fee paid by check or other non-cash method is returned or otherwise uncollectable, then the applicant shall be liable to the Town for all costs incurred as a result. No resubmission of the application will be accepted unless accompanied both by the fees due under the application and the additional amounts required under this section. The Planning Board may require that all future amounts due with relation to this application or related applications before the Planning Board be made by certified or cashier's check. If a fee is returned or otherwise uncollectable prior to a decision, then the application will be rejected as incomplete. If a fee is returned or otherwise uncollectable subsequent to a decision, then any approval of such application is automatically rescinded.
F.
It is the policy of the Board to waive application and supplemental fees for applications submitted on behalf of the Town. This is specifically because charging a fee in such cases would be accounted as an expenditure from some budgeted item and as general revenue, without any real explicit cost to the Town.
The burden of proof in all matters before the Board shall be on the applicant, as verified by plans, application documents and any supplemental information required by the Board.
A.
Whenever these rules require work to be performed by or under the supervision of a licensed professional, such professional must have a current license to perform such activity by the Commonwealth of Massachusetts. Temporary licenses or permits do not qualify.
B.
All insurance policies, bonds or other such instruments shall be issued by a company licensed to do business in Massachusetts.
The approval of a plan by the Planning Board does not make any street shown a public way. Existing laws of the Commonwealth of Massachusetts and bylaws of the Town must be complied with for the acceptance of any street.
Planning Board approval of plans under these Subdivision Regulations does not exempt applicants from reviews, fees, and the need to obtain any other necessary permits.
If any section, paragraph, sentence, clause or provision of these regulations shall be adjudged not valid, the adjudication shall apply only to the material so adjudged, and the remainder of these regulations shall be deemed valid and effective.