Prior to investing in extensive professional design costs for
preparation of subdivision plans, the applicant is invited to review
the proposed development of the parcel of land with the Board, in
order to explore general conditions involving the site and to discuss
potential problems. Pencil sketches, which need not be professionally
prepared, will assist in this discussion, and should show the critical
features of a preliminary plan. In some cases, this presubmission
review may eliminate the need for the formal submission of a preliminary
plan.
[Amended 2-6-2024]
Upon completion of the improvements required under Article
IV, or the performance of any covenant with respect to any lot, the applicant shall send by certified mail to the Town Clerk a statement, in duplicate, that said construction or installation in connection with any bond, deposit, or covenant has been completed in accordance with the requirements of Article
IV. Such statement shall contain the name and address of the applicant, and the date of filing with the Town Clerk. The Town Clerk shall forthwith furnish a copy of the statement to the Board. If the Board determines that said construction or installation has been completed, in accordance with §
401-15 above, it shall release the interest of the Town in such bond or deposit and return the bond or deposit, less any portion thereof as may be stated in the Board's order of conditions of approval for the subdivision, pending final receipt of the Board approved as-built plan and the Town Counsel approved deed for the way(s), including any easements, to the person who furnished same, or issue a release of covenant in a form acceptable for recording. Note that the 30% of bond value specified under §
401-13A(1) shall be retained until after Town Meeting road acceptance. If the Board determines that said construction or installation has not been completed, it shall specify to the applicant, in writing, the details wherein said construction or installation fails to comply with the provisions of Article
IV. Upon failure of the Board to so notify the applicant within 45 days after the receipt by the Clerk of said statement, all obligations under the bond shall cease and terminate by operation of law, and deposit shall be returned, and any covenant shall become void. In the event that such forty-five-day period expires without notification by the Board, or without the release and return of the bond, or the return of the deposit, or the release of the covenant, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which shall be recorded by the applicant.
A. Ways and services. The Board shall release from covenants only those
lots for which installation and construction of ways and services
has been completed, in accordance with these rules and regulations.
The applicant shall submit the appropriate form when applying for
the release of a lot from a covenant.
B. Pavement. The Board shall not release any bond, deposit, or covenant
nor shall a building permit be granted for any lot until the first
course of pavement has been installed with manhole covers and other
structures set therein at the level of such first course.