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.
For matters not covered by these rules and regulations, reference is
made to MGL c. 41, §§ 81-K to 81-GG, inclusive, as amended.
No building permit shall be issued by the Building Inspector for any
lot in a subdivision until he has received written confirmation from the Board
that such lot has been released from any security covenant.
A.
If the developer shall obtain the release of any lots
from his recorded covenant security agreement by the filing of a performance
bond, he shall thereafter maintain the roads and utilities serving such lots
and the properties adjacent thereto in a safe, satisfactory and sightly condition.
B.
Upon completion of the required improvements and release
of all security by the Board, the developer shall properly maintain all roads
and other municipal services within the subdivision until acceptance of the
roads by vote of the Town or until the expiration of a one-year period from
the date of the Board's release of security.
No change shall be made in the approved Definitive Plan nor in the installation
of the required improvements until a revised plan showing the change (prepared
from a field survey and signed by a registered engineer and/or registered
land surveyor) is filed with the Board for its consideration and approval.
No change in the location of a street right-of-way line shall be permitted
or approved by the Board until a public hearing is held as required by law.
[Amended effective 10-8-1993]
A.
When reviewing an application for or when conducting
inspections in relation to a Special Permit or approval of a subdivision or
any modification of a Special Permit or approval of subdivision, the Board
may determine that the assistance of outside consultants is warranted due
to the size, scale or complexity of a proposed project, because of a projects
potential impacts or because the Town lacks the necessary expertise to perform
the work related to the Special Permit or approval. The Board may require
that applicants pay a project review fee consisting of the reasonable costs
incurred by the Board for the employment of outside consultants engaged by
the Board to assist in the review of a proposed project.
B.
In hiring outside consultants, the Board may engage engineers,
planners, lawyers, hydrologists, landscape architects or other appropriate
professionals who can assist the, Board if analyzing a project to ensure compliance
with all the relevant laws, ordinances, bylaws and regulations. Such assistance
may include, but not be limited to, analyzing an application, monitoring or
inspecting a project or site for compliance with the Board's decision
or regulations or inspecting a project during construction or implementation.
C.
Funds received by the Board pursuant to this section
shall be deposited with the Town Treasurer, who shall establish a special
account for this purpose. Expenditures from this special account may be made
at the direction of the Board without further appropriation. Expenditures
from this special account shall be made only for services rendered in connection
with a specific project or projects for which a project review fee has been
or will be collected from the applicant. Accrued interest may also be spent
for this purpose. Failure of an applicant to pay a review fee shall be grounds
for denial of the Special Permit or disapproval of the subdivision.
D.
At the completion of the Board's review of a project,
any excess amount in the account, including any remaining interest, attributable
to a specific project shall be repaid to the applicant or the applicant's
successor in interest. A final report of said account shall be made available
to the applicant or the applicant's successor in interest. For the purpose
of this section, any person or entity claiming to be an applicant's successor
in interest shall provide the Board with documentation establishing such succession
in interest.
E.
Any applicant may take an administrative appeal from
the selection of the outside consultant to the Board of Selectmen. Such appeal
must be made in writing and may be taken only within 20 days after the Planning
Board has mailed or hand delivered notice to the applicant of the selection.
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 3 or more years of practice
in the field at issue or a related field. The required time limit for action
upon an application by the Board shall be extended by the duration of the
administrative appeal. In the event that no decision is made by the Board
of Selectmen within 1 month following the filing of the appeal, the selection
made by the Board shall stand.
[Amended effective 10-8-1993]
If any part of these regulations shall be adjudged invalid such invalidity
shall not affect the remainder.
[Amended effective 10-8-1993]
These 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.
[Amended effective 10-8-1993]
These rules and regulations shall be considered as revised to conform
with any amendment of Chapter 41 of the General Laws made after their adoption.
