Strict compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the Subdivision Control Law.[1] Any such waivers granted must be requested by the applicant in writing and approved by vote and in writing by the Planning Board.
[1]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
A. 
No building shall be erected within a subdivision without written permission from the Planning Board by Form I.[1]
[1]
Editor's Note: All forms are included as an attachment to this chapter.
B. 
The Board of Selectmen and/or Building Inspector shall not issue any permit for the erection of a building until he is first satisfied that the lot on which the building is to be erected is not within a subdivision or that a way furnishing the access to such lot as required by the Subdivision Control Law[2] is shown on a plan recorded or entitled to be recorded under MGL c. 41, § 81X, as amended, and that any condition endorsed thereon limiting the right to erect or maintain buildings on such lot have been satisfied or waived by the Board, and in the event that more than one building for dwelling purposes be erected or placed or converted to use as such on any lot, that the Board of Selectmen and/or Building Inspector is satisfied that consent has been obtained from the Planning Board in accordance with § 468-2.4. of these rules and regulations, MGL c. 41, § 81Y, and amendments thereto.
[2]
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
C. 
In the case of a bond, surety or tripartite agreement, no structure shall be occupied until at least the base course of bituminous concrete as specified in Article V has been applied to the streets which serve the structure. In the case of a covenant in lieu of a bond or surety, no occupancy permit shall be issued until all improvements are completed.
A. 
Inspections shall be arranged by the developer with the Planning Board agent for that purpose prior to the construction of streets and the installation of utilities and during construction as specified herein at each significant construction stage. See Form K.[1]
[1]
Editor's Note: All forms are included as an attachment to this chapter.
B. 
Inspection shall be requested, in writing, at least 48 hours in advance of each inspection to the Planning Board.
C. 
Inspection shall be by the Planning Board agent except where otherwise noted, for the following:
(1) 
Satisfactory excavating.
(2) 
Satisfactory laying of water and sewer mains, hydrants and related equipment by the Water Department.
(3) 
Satisfactory laying of gas mains and related equipment.
(4) 
Satisfactory installation of surface and subsurface drainage system and related equipment
(5) 
Satisfactory filling.
(6) 
Satisfactory compacting.
(7) 
Satisfactory installation of electric lines and related equipment, including cable TV lines.
(8) 
Satisfactory installation of telephone lines and related equipment.
(9) 
Satisfactory completion of the pavement.
(10) 
Satisfactory placing of curbs and gutters.
(11) 
Satisfactory construction of sidewalks.
(12) 
Satisfactory finish grading of grass plots.
(13) 
Satisfactory installation of monuments.
(14) 
Satisfactory grading of lots.
(15) 
Satisfactory installation of fire alarm system.
(16) 
Satisfactory planting of street trees.
(17) 
Satisfactory final cleanup.
D. 
The Planning Board may establish the order of the required inspections and may require satisfactory completion of one step before the subdivider proceeds to the next. It may require tests to be done by the subdivider as a condition for approval when in the opinion of the Planning Board it is advisable.
E. 
The proper Town official or agent shall indicate on Form K, Inspection Form,[2] provided by the Planning Board, the date of inspection and the approval and shall file such form with the Planning Board, whereupon the cost of the inspection shall be paid to the inspector from the inspection escrow account.
[2]
Editor's Note: All forms are included as an attachment to this chapter.
F. 
Failure to comply with the inspection procedure may necessitate removal of improvements at the expense of the applicants or rescission of the approval of the plan in accord with MGL c. 41, § 81W. For any approved subdivision that is not completed with the time lines above, the Planning Board will automatically rescind the subdivision approval.
[Amended 6-22-2009]
The Planning Board will hold regular and/or special meetings on such dates as will be designated and on file with the Town Clerk.
If, in any respect, any provision of these rules and regulations in whole or in part shall prove to be invalid for any reason, such invalidity shall only affect the part of such provision which shall be invalid, and in all other respects, these rules and regulations shall stand as if such invalid provision had not been made, and they shall fail to the extent, and only to the extent, of such invalid provision, and no other provision of these rules and regulations shall be invalidated, impaired, or affected thereby.
These regulations became effective after approval by the Board, certification by the Town Clerk and filing with the Register of Deeds and the Recorder of the Land Court.